Microsoft May – Would – Could Derail XML for Documents

August 9, 2009

I may have misunderstood the article “Storing Text Docs in XML May Run Afoul of Microsoft Patent.” The “may” is a word that gives Ars Technica a wide scope. Nevertheless, I am not sure a Web news agency is going to the be the definitive source for an issue about infringement. The statement I found interesting was:

The key question going forward is what Microsoft chooses to do with this patent now that it has been granted. The company is under pressure in both the US and EU to increase its software’s interoperability with that of its competitors, so a rigorous enforcement of this patent would seem like an express lane to further legal trouble, something the company has seemingly been anxious to avoid.

Another phrase that allows the author to have flexibility is “would seem”. My question is, “Why not let the patent abstract speak for the patent itself in a brief write up?” I think there may be a desire to whip up some excitement. I suppose I could use the word “may” and the phrase “would seem” so that I too have wiggle room. Attorneys’ opinions, please.

Stephen Arnold, August 12, 2009


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