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Devil's Advocate: M$ foolish patent policy

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Microsoft

Is it really true that Microsoft has patented the transformation of objects into XML? That would certainly be proof, if proof were needed, that so-called intellectual property has little to do with innovation.

Software objects involve ingenious ideas that have had growing attraction. The concepts were always sound, and they were all invented before Microsoft even existed. But their use was limited because applications were restricted in scope and computer power was scarce. As those factors changed, so objects became far more central to computing.

Likewise, although XML itself is a relatively recent phenomenon, it is based on SGML. And SGML was also invented long before the foundation of Microsoft. Again, it was a question of timing, as the tantalising goal of building self-describing data looked to be achievable with rising hardware capabilities.

It is reported that Microsoft has now achieved a patent on the transformation of objects to XML and vice versa. This is a pretty bizarre thing to happen. As an industry analyst, I became aware of XML as soon as it started to make waves. My immediate reaction was that XML documents were objects without the behaviour.

Now that was hardly an astonishing insight. I would never have expected to rush off and patent it, even if I could afford to patent anything. It was an insight that was common to anyone who had at least half an understanding of both objects and XML. I must have discussed the point with numerous people, and most likely spoken about it at public conferences. If it is a patentable idea, then the whole patents system is demonstrably absurd.

If large companies are to be granted patents on ideas that have been commonplace for years and are based on fundamental concepts well understood for decades, they might as well be given taxation powers. The idea that their revenues are hard won in competitive markets will be defunct, if it is not already.

The reality is probably just a little more complex.

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