[DMCA-Activists] Microsoft Gets IM Patent

[Seth Johnson]

(Forwarded from Interesting People list.  How about urging Yahoo and 
AOL [!] to endorse the battle against software patents?  -- Seth)

-----Original Message-----
From: Dave Farber <address@hidden>
Date: Wed, 08 Oct 2003 09:41:10 -0400
Subject: [IP] Microsoft pockets an IM patent



Microsoft pockets an IM patent


By <mailto:address@hidden:Microsoft pockets an IM 
patent>Jim Hu
Staff Writer, CNET News.com
<http://news.com.com//2100-1028_3-5088150.html?tag=prntfr>http://news.c
om.com/2100-1028-5088150.html 


Story last modified October 7, 2003, 6:15 PM PDT

Microsoft has won a patent for an instant messaging feature that 
notifies users when the person they are communicating with is typing a 
message.

The patent encompasses a feature that's not only on Microsoft's IM 
products but also on those of its rivals America Online and Yahoo. The 
patent was granted on Tuesday.

Patent No. 6,631,412 could serve as a weapon in Microsoft's battle for 
IM market share. Microsoft is investing heavily in IM as a springboard 
for selling communication software to businesses. Later this year, 
<http://news.com.com//2100-1032-5062191.html?tag=nl>Microsoft plans to 
launch Live Communications Server, a software product that will 
initially offer IM for the enterprise and then expand into Internet 
voice calling and video services.

The software giant currently offers MSN Messenger as a free download 
off the Web, as well as Windows Messenger, the IM client for its XP 
operating system. Both services have amassed millions of users.

Having a patent can be a powerful tool, but only if it can be proven 
in a court that its owner has bulletproof claims to the invention, 
according to legal experts. Companies that challenge a patent have to 
prove the patent owner was not the first one on record for the 
invention.

"This means that if someone tries to invalidate the Microsoft patent, 
they would try to find examples of instant messaging that predated the 
filing date," said Carl Oppedahl, an intellectual property attorney at 
Oppedahl, Larson & Frisco in Colorado.

A Microsoft representative declined to comment on the patent. Both AOL 
and Yahoo representatives declined comment as well.

Microsoft is not the first company to pursue a patent over IM. In 
December 2002, <http://news.com.com//2100-1023-978234.html?tag=nl>AOL 
subsidiary ICQ won a patent that claimed rights as the inventor of IM. 
AOL has not flexed its muscle on the patent, and competitive IM 
services remain active.

The rush to patent elements of IM underscores the application's 
popularity and potential. IM has become widely used by millions of Web 
users who exchange text messages with each other in real time. Some of 
the most popular IM services--AOL Instant Messenger, Yahoo Messenger 
and MSN--have added features, such as video conferencing, animated 
emoticons and mobile access.

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