Microsoft files emergency motion in Word case
Microsoft has filed a secretive motion in the ongoing court case involving its incorporation of XML files in Word. The motion appears to be an attempt to buy more time to either negotiate a settlement or take the case to appeal.
The exact details of the emergency motion, filed on Friday, aren’t available as it was made “under seal” and thus not in the public record. That’s usually done when the evidence supporting a filing contains confidential corporate information, particularly where it involves a third party.
The most likely explanation is that Microsoft wants to freeze a 60-day deadline imposed in the original verdict by which the firm must either overturn the judgment, reach a settlement, or remove future editions of Word from sale. If Microsoft wants to try the legal route, there’s little prospect of it getting an appeal verdict before Oct. 12.
If Microsoft is indeed trying to freeze the deadline, it would appear it is attempting to overturn the ruling itself rather than simply arguing about the size of the $290 million damages award.
Assuming Microsoft’s motion shows it plans to make a credible argument why the ruling should be overturned, it would seem harsh to impose the sales ban until the case is truly settled. The fairest option seems to me to be allowing Microsoft to continue selling Word during the appeals process but with a warning that the damages award will increase proportionately if the appeal fails.
Dave Parrack wrote earlier today about some of the technical options for complying with the court ruling while still being able to sell Word. One point to add to that is the question of how to deal with physical copies already on store shelves as and when the ruling takes effect. An automatic update patch would seem the easiest technical solution, though there could be logistical problems in making sure only the correct copies get updated and how such a solution would be affected by users who had turned off automatic updates.
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August 20th, 2009
This whole case is absolutely ridiculous. The judge said that because of this Microsoft cannot make word to be “compatible with reading or makinf xml docx and…”. That is absolutely ridiculous! Think about that, how does that make sense?
Maybe to people that don’t know much about that type of technolgy wouldn’t know what I’m getting at. But, anybody who understands what xml is, should realize how ridiculous this really is. Xml is a w3 web standard made by the w3c (the main web standard authority). This language was made to make everything much more intercompatible and interoperable, with the idea that a document made in program, or operating system, can be easily viewed.
i4i might have a patent on one way to implement xml in technology, but, that doesn’t mean that they, or any company can legaly be allowed to have a patent on all xml in general.
What the judge should’ve said was word can’t be sold as long as it has “i4i’s xml technology (ilegally) inside of word, and if they wanted to continue to be compatible with xml, they should create there OWN way of doing rather than stealing it from another company”.