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Court orders Microsoft to stop selling Office 2007 by January 11th

Update: A statement from Microsoft's director of public affairs, Kevin Kutz, clarifies the affected versions. Note that Microsoft Office 2008 for Mac was not cited as an infringing product, so this ruling is not applicable to Mac versions of Office.
We have just learned that the Court of Appeals for the Federal Circuit has denied our appeal in the i4i case. We are moving quickly to comply with the injunction, which takes effect on January 11, 2010.

This injunction applies only to copies of Microsoft Word 2007 and Microsoft Office 2007 sold in the U.S. on or after the injunction date of January 11, 2010. Copies of these products sold before this date are not affected.

With respect to Microsoft Word 2007 and Microsoft Office 2007, we have been preparing for this possibility since the District Court issued its injunction in August 2009 and have put the wheels in motion to remove this little-used feature from these products.

Therefore, we expect to have copies of Microsoft Word 2007 and Office 2007, with this feature removed, available for U.S. sale and distribution by the injunction date. In addition, the beta versions of Microsoft Word 2010 and Microsoft Office 2010, which are available now for downloading, do not contain the technology covered by the injunction.

While we are moving quickly to address the injunction issue, we are also considering our legal options, which could include a request for a rehearing by the Federal Circuit Court of Appeals en banc or a request for a writ of certiorari from the U.S. Supreme Court.
Whoa. A judge for the The U.S. Court of Appeals has just upheld an earlier verdict forbidding Microsoft from selling both Office and Word after January 11th, 2010. This suit, which was filed by i4i, a creator of a XML plugin for Microsoft Office, alleged that Microsoft's Open XML format, which uses the DOCX and XLSX extensions that have been a part of Office on the Mac since Office 2007, violated i4i's patented XML handling algorithms. The court ruled in favor of i4i back in May, and Microsoft today lost their appeal, with the judge telling them that they don't have the right to sell the software as-is.

Microsoft now either has to attempt to appeal the ruling again, or settle with i4i (read as: "Ballmer has to write a big honking check"), and is currently considering further legal options. The company is also working to remove these features from Microsoft Office (possibly in time to release new versions of the old software on January 11th), and this ruling doesn't affect the upcoming Office 2010 for Windows. We'll keep you posted if anything further develops.

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Update: A statement from Microsoft's director of public affairs, Kevin Kutz, clarifies the affected versions. Note that Microsoft Office...
 

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John.B

Seems to be a lot of misinformation and misunderstanding in this thread.

First, i4i created (and patented!!!1!!) a plug-in for Microsoft Office that allows you to dynamically create and piece together parts of a document into a main document via XML. i4i is a *real* company, not a patent troll, they have dozens of employees and first implemented their commercial product (which Microsoft subsequently ripped off) all the way back in 2000 (!) in an application that is/was, among others, used widely by the US Patent office. http://www.internetnews.com/bus-news/article.php/6_473021

Second, this patent decision is about *dynamic* document creation using XML parts. It does NOT affect or change the fact that Word, Excel, etc. use XML-based file formats. This decision in no way impacts the .docx or .xlsx file formats.

This is important enough that it's worth repeating: the Office 2007 (and 2008) .xlsx and .docx file formats are unaffected by this decision.

Third, companies are building internal applications using the Microsoft Word 2007-based version of this technology to, for example, allow a workflow-based system to build custom-tailored contracts based on standard contract language with customizations as specified by one or both parties. So it may not be "widely used" as Microsoft claims, but the companies using it have large scale implementations with lots of corporate seat licenses being affected.

Last, if Microsoft says that Office 2008 for Mac is unaffected by this ruling, that would be because the latest Mac versions don't come with the same feature set as their Windows-based siblings.

The Engadget article has more links for anyone interested in understanding what this really means to end users (vs. the usual internet histrionics): http://www.engadget.com/2009/12/22/microsoft-loses-patent-appeal-word-and-office-to-be-barred-from/

December 23 2009 at 10:17 AM Report abuse rate up rate down Reply
Shunnabunich

Well, if there IS anything big and honking to be done, we can trust that Ballmer is uniquely suited to the job.

December 23 2009 at 3:32 AM Report abuse rate up rate down Reply
Dan Woods

The XML format of Word and Excel documents is the best thing to happen to Office users in the last 15 Years.
File sizes are smaller, Documents are searchable though aftermarket DMS's and if Microsoft cancel support for the format (like they have with Word 2.0a,b,c), third-party developers can still write software to access the files.

Hopefully MS will be forced to use a true open document format like Open Document Format (ODF).
ODF has it's issues, but the security of data in a true open standard is much higher than data in a licenced format like i4i's Open-XML.

December 22 2009 at 8:33 PM Report abuse rate up rate down Reply
2 replies to Dan Woods's comment
Odineye

Frankly, the MS switchover to these different formats looks more like a self-serving push to get people to upgrade wrapped up in the appearance of looking more open.

They moved to the .docx (.xlsx & .pptx) file formats as defaults, resulting in the average user saving in these formats routinely. That average user knows very little about the differences in formats, and when he saves in the new default format, his file is now incompatible with any collaborators who haven't upgraded. This pushes them to upgrade as well, moving more units of Microsoft Office when, frankly, it has little new to actually recommend it (to the average user).

I suspect this was also a change spurred on by the fact that nearly every competing word processor out there can now open, edit, and save .doc files.

I don't doubt the advantages you cite, but I sincerely doubt they reflect the actual motivation behind the change, nor do I see it reflecting in typical practice the advantages it holds in theory.

December 22 2009 at 10:11 PM Report abuse rate up rate down Reply
tdowling

Odineye: fortunately, Microsoft also supplies free conversion add-ons for older versions of Office so that they can read and save the new formats.

No doubt this benefits Microsoft, but I really doubt it was to spite all of the .doc-reading word processors or to rip off its customers. Above all, it was a positive improvement in technology.

December 22 2009 at 10:52 PM Report abuse rate up rate down Reply
often27girl

I doubt the US Supreme Court will hear this case.

December 22 2009 at 5:24 PM Report abuse rate up rate down Reply
JKT

How, exactly, is this going to f--- things up for you? It's not as of your copy of Office is going to suddenly stop working. Nor will anyone else's.

December 22 2009 at 4:39 PM Report abuse rate up rate down Reply
Rodrigo Guido

Hahaha...its all crumbling down....slowly. Hi my name is Rodrigo and i work for Apple!

December 22 2009 at 4:31 PM Report abuse rate up rate down Reply
1 reply to Rodrigo Guido's comment
Granger

I don't know why you'd be happy about this then. Office for Mac is a bullet point for switchers.

December 22 2009 at 5:02 PM Report abuse rate up rate down Reply
luxlamf

This doesn't mean I have to go back to Appleworks does it?

December 22 2009 at 4:25 PM Report abuse rate up rate down Reply
ivanpertsev

Oh god damn it. MS Office 2007 and 2008 both use the XML formats from i4i and i use both of those versions. Obviously the 2007 on PC and 2008 on Mac.

XML is so much better than other similar formats.

December 22 2009 at 3:28 PM Report abuse rate up rate down Reply
1 reply to ivanpertsev's comment
tdowling

The format isn't going anywhere...Microsoft just needs to stop using a "feature" that apparently isn't even used in Office 2008 or 2010. At least that's what seems to be implied in their official statement.

December 22 2009 at 3:44 PM Report abuse rate up rate down Reply
theflash0000

A couple corrections: 1) This wasn't the decision of one judge--the U.S. Court of Appeals for the Federal Circuit is a panel bench, just like all other Federal Courts of Appeals; and 2) Microsoft cannot appeal the ruling "again"--it can appeal the holding of the Court of Appeals to the U.S. Supreme Court alone.

December 22 2009 at 3:17 PM Report abuse rate up rate down Reply
shamu3

haha Goverment you tell them they need to remove these crappy exentions.

December 22 2009 at 3:16 PM Report abuse rate up rate down Reply
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