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: China HearsayThe Mystery of the Alleged Microsoft IP Infringement
By Stan
High-tech company Zhongyi Electronic Ltd., which is a major Chinese font and input method provider, is suing US-based Microsoft for intellectual property rights (IPR) violations, a claim that Microsoft disputes.
The Beijing No.1 Intermediate People’s Court has accepted the case but hasn’t yet set a date for the start of proceedings.
The case brought by the Beijing-based company involves Microsoft’s use of Zhengma, a Chinese input method (IME), a system that allows Internet users to type Chinese using the Roman alphabet, which is then translated into Chinese characters.
This transliteration software is the core product of Zhongyi, which has about 100 employees.
Zhongyi has not yet provided a litigation target, as the company said it does not know how many sets of Windows operating systems are in use.
Lan Dekang, general manager of Zhongyi, told Xinhua that Microsoft has installed Zhengma IME and fonts in its Windows 95, Windows 98, Windows 2000 and Windows XP operating systems.
"Microsoft hasn’t paid us for ten years, since they paid for using Zhengma in Windows 95 in 1998," said Lan, adding that Microsoft hasn’t signed contracts for the commercial use of the fonts or the IME for Zhengma.
Lan said he is confident of winning the suit.
In a statement, Microsoft said that it respects IPR and only uses third-party IP when it has a legitimate right to do so. It also disputed Zhongyi’s claims, saying that it had written license agreements with Zhongyi to use the fonts and IMEs.
"Microsoft has fully performed its obligations including paying Zhongyi the license fees in accordance with the license agreements," the statement said.
I’m neither a Microsoft apologist or critic, and I’ll reserve judgment on this one. However, this is a bizarre set of circumstances, if the reporting is accurate. A lot of reporters screw up the facts of IP cases because most of them don’t know a patent from a Fuwa.
Two points at the outset here: 1) I find it hard to believe that Microsoft would allow something like this to go forward if they had unabashedly ripped off Zhengma for so many years, and even then, why would they claim to have a valid license; and 2) Haven’t these guys ever heard of something called statutes of limitation? I mean really, going after infringement from Windows ‘95, going back ten years - are you kidding me or what?
This one’s a keeper. I look forward to Chapter Two.
Full post as published by China Hearsay on January 23, 2008 (boomark / email).
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