Microsoft hit with patent suit over update tech
Summary
Microsoft is facing another patent infringement suit, this time over the technology it uses to automatically update Windows, Office, and other programs.
Topics
Microsoft is facing another patent infringement suit, this time over the technology it uses to automatically update Windows, Office, and other programs.
In a lawsuit filed March 20, BackWeb Technologies charges that Microsoft's Background Intelligent Transfer Service (BITS), as well as Windows Update and other products, infringe four of BackWeb's patents. BackWeb, which is based in Israel and has U.S. offices in San Jose, Calif., filed the complaint in U.S. District Court in San Francisco.
BackWeb seeks, among other things, an injunction against Microsoft, a declaration that BackWeb's patents are valid, and monetary damages.
A Microsoft representative said the company has yet to be served with court papers, so it would be "premature" to comment.
BackWeb was an early leader in the technology for "pushing" data onto a computer.
The full lawsuit is posted on BackWeb's site.
This article was originally posted on CNET News.
Talkback Most Recent of 23 Talkback(s)
-
Microsoft hit with patent suit over update tech
If this goes to court Microsoft will need to win this case otherwise it could spell disaster for every other company that has updates. Again, that is "IF" since they never were served their papers its a complete non-issue at the moment.
Loverock Davidson26th Mar 2009 -
How Long?
Until someone sues Microsoft over the use of "if...then...else" constructs in all their languages? Obviously, they didn't invent it so it must be violating a patent or copyright somewhere.
The patent office desperately needs someone who understands post 1980's technology.
aureolin26th Mar 2009 -
You can't be sure about that...
"Obviously, they didn't invent it so it must be violating a patent or copyright somewhere."
Even though they didn't invent it, Microsoft has probably patented it already. Last year, they obtained the patent for the "Page Up" and "Page Down" keys, despite those having been on the original IBM PC keyboard in 1981.
http://news.zdnet.com/2100-9595_22-218626.html
914four26th Mar 2009 -
Good grief.
I think this just goes to prove what a bunch of simpletons we have in the US Patent and Trademark Office!
GOTBO27th Mar 2009 -
I guess BackWeb's hurting finacially
why wait until now to claim that Microsoft is infringing on their patents?
Has not Microsoft been using this mechanism for years now?
GuidingLight26th Mar 2009 -
Who knows
IMO Patents and software don't belong together
PERIOD
bitfuzzy26th Mar 2009 -
So they can get a ruling or a settlement ...
why wait until now to claim that Microsoft is infringing on their patents?
... before cases like Bilski and others set precedence invaliding software patents.
One of the reasons the TomTom counterclaim against Microsoft was filed in Viginia is that the district court has been nicknamed the "rocket docket" when dealing with litigation. TomTom wants to force Microsoft's hand since an unprepared defendant or a well prepared plaintiff in the Virginia district court most of the time will walk away victorious.
Microsoft opened the flood gates since it's now going to be defending against anyone with some type of claim because the army of lawyers appear to be assembling with regards to Microsoft v. TomTom. It's better for BackWeb Technologies to strike now before it's too late.
MisterMiester26th Mar 2009 -
Good post
I hadn't thought of it that way, but it makes sense. It's like that HP VP a few years ago who claimed HP was "like a sumo wrestler in danger of being pecked to death by baby ducks".914four26th Mar 2009 -
RE: Microsoft hit with patent suit over update tech
Microsoft stirred the pot with their suits, now reaping the rewards fot the adgressive behavior
d_handler@...26th Mar 2009 -
RE: Microsoft hit with patent suit over update tech
Let's say Microsoft did a takeover negotiation, didn't do the takeover but stole the dumb (compression) technology and implemented it in their OS, then they are both guilty and shady. If on the other hand Microsoft is sued for downloading infinite repairs to its OS, then they are being abused. For once we have an issue where we can side with Microsoft.
lschw126th Mar 2009 -
RE: Microsoft hit with patent suit over update tech
Doesn't Windows/Microsoft Update go out and look for updates then PULL them from their servers? If BACKWEB is PUSHING, then perhaps the technology is not an infringement...
Max_in_OH26th Mar 2009 -
RE: Microsoft hit with patent suit over update tech
If they can update your PC even when you have auto update shut off, I'd call that PUSHING
mv52026th Mar 2009 -
ANYONE using Windows ...
... who TURNS OFF updates is a frickin' moron. Now, if you're on a corporate network, with sysadmins who push the updates to everybody on their own schedule, that's one thing. A home user doing that is beyond stupid. THIS is why we have systems that haven't been updated since 2002 out there spewing virii and worms around the web.
KEEP YOUR COMPUTER UP TO DATE! I don't care WHAT OS you're running.
I'm not one to side with Microsoft normally, but I haven't seen many real changes to how Windows Update works since what, Win95? Security changes, WGA checks, yes. Not really in how it works though.
This is patent trolling and I hope they get their butts handed to them on a silver platter.
BAN SOFTWARE PATENTS!! SEE THE WORLD INNOVATE!!!
Henaway26th Mar 2009 -
not really... it depends.
I keep Auto-updates offline but since I go check on patch day for updates... my computer is up to date non the less. Furthermore I also go check for drivers updates et al. during that time.
Ceridan26th Mar 2009 -
sorry dude,
Auto updates are off on my system.
I prefer checking what is check out a couple times a week, then selecting the updates that apply to my situation.
I don't use IE, outlook or any of the microsoft applications that half the updates apply to so why waste time on them?
Had it set to critical only, but they updated something in IE, which somehow set IE as my default browser. Yes, a very minor thing but still a reason to use my method instead of auto updates.
I'm of the opposite side of the fence here, I won't leave it up to microsoft to decide what's best on my system.
Ken.
merc2dogs`26th Mar 2009
Talkback - Tell Us What You Think
The best of ZDNet, delivered
ZDNet Newsletters
Get the best of ZDNet delivered straight to your inbox
Facebook Activity
