Entries in the 'Copyrights and Intellectual Property' Category ↓

The Word about Microsoft – Patent Verdict Revisited by Microsoft

The makers of Microsoft Word have a patent problem on their hands.  Recently, a ruling was handed down by the US Appellate Court fining the software mega-giant $290 million.  The fine included an order to stop sales of Microsoft Word as of today. 

The lawsuit began in 2007 when a Canadian company, i4i Inc., accused Microsoft of patent infringement for their XML editor which was being sold as a part of Word.  Microsoft appealed the decision, and in December of 2009, lost its appeal.

On Friday, Microsoft filed a case with the the US Appellate Court asking to re-evaluate its decision.  The software giant is now selling Word without the XML editor in dispute as of today.  Current versions of the software used by consumers will not be recalled.

Interestingly enough, share prices of Microsoft have risen.

Of IP Law and Cease and Desist Requests

A cease and desist letter (C & D) is a request or order to stop an activity or practice, or else face legal action.  A cease and desist letter or request can be sent to an individual, business entity or other organization.

“Cease and desist” may be used in two different circumstances.  a cease-and-desist letter can be sent by anyone, although typically they are drafted by an intellectual property lawyer.  Cease-and-desist orders can be issued by a judge or government authority.

A judge may issue a cease-and-desist order with the intent to halt an illegal activity.  Government agencies may use cease and desist orders to stop or prevent the sale and of unregistered or fraudulent securities, dangerous or risky banking practices, or to enforce licensing statutes.  It is recommended to enlist the services of an established IP law or copyright infringement attorney.

What is a legal copyright?

A legal copyright gives the creator of an original work exclusive legal rights to that work for a designated period of time.  Exclusive legal rights include publication, distribution and adaptation.  After a copyright expires the work enters public domain, which means those works are not owned or controlled by any one person or entity.  “Public domain” basically means that the works are public property and can be used by anyone for any purpose.

Copyright law is grouped under the umbrella of intellectual property law along with trademarks and patents.  Copyright applies to a wide range of creative, intellectual, scientific, or artistic works.  A copyright lawyer can help protect works such as books, poetry, theses, plays and manuscripts, other literary works, movies, dances, musical compositions, audio recordings, paintings, drawings, sculptures, photography, software, as well as radio and television broadcasts.