[NTLUG:Discuss] Off Topic, but relevant

[David]

On Fri, Feb 21, 2003 at 02:35:53PM -0600, Chris Cox wrote:
> Bug Hunter wrote:
> >  Another reason to use MySQL or Postgres.  Any MS SQL server user that 
> >writes specific code to access the SQL server data is potentially liable 
> >for royalties to Timeline, Inc, according to a Washington state court:
> >
> >http://www.theregister.co.uk/content/53/29419.html
> >
> >  This specifically applies to developers that develop custom 
> >applications, but may extend to all server installations (which appears to 
> >be Timeline's stance).
> >

Timeline has several patents on "data mart" technologies.  These will
apply regardless of which SQL engine is being used, and could just as
well apply to users of open source databases.  It's not copyright; no
copying of code is necessary.  Patent covers the way of doing
something.  Anyone else do does that same thing, even using different
(but equivalent) components, is still infringing the patent.

Microsoft negotiated a license with Timeline, which permitted MS to
sublicense to their customers.  However, MS did not negotiate complete
coverage for their customers, so some MS customers still needed to get
patent licenses from Timeline.  

When MS realized this, they sought to unilaterally reinterpret the
Timeline license agreement.  While they were in court, MS also issued
a blanket statement to their customers, assuring them that they were
indeed protected from the Timeline patents.  Several companies sued
Timeline to invalidate the patents, and had MS bankroll the attempts.

At the same time, MS also bought a number of companies that
distributed Timeline's products, restricting Timeline's ability to
deliver product to Timeline's own customers.

> Reading the information, looks like Timeline was being attacked
> by the M$ monopoly engine and figured out a novel way to
> REALLY hurt M$, by hurting M$ customers directly.

No, Timeline got their patents first.  And all the negotiations took
place before the dirty tricks.  Timeline did not do the patent trick
as a way to fight back at Microsoft.  They got a legitimate patent,
and they were asserting their rights to it in the face of an MS
attempt to strip it of all value.  

The truly interesting thing about this, from a Free Software
perspective, is that MS has been cautioning customers not to use Free
Software because it could subject them to the danger of a patent
lawsuit.  Their own actions have now shown their FUD for what it is.

-- 
David Hayes
david at hayes-family.org