Uniloc

Uniloc Corporation is a patent assertion entity founded in Australia in 1992[1] that develops "try and buy" software distributed via magazines and preinstalled on new computers.

This article is about the corporation. For the drug with trade name Uniloc, see Atenolol.

History

The Uniloc technology is based on a patent granted to the inventor Ric Richardson who was also the founder of the Uniloc Company. The original patent application was dated late 1992 in Australia and granted in the US in 1996 and covers a technology popularly known as product activation, try and buy software and machine locking.

In 1993 Uniloc distributed "Try and Buy" versions of software for multiple publishers via a marketing agreement with IBM. An initial success was the sale of thousands of copies of a software package (First Aid, developed by Cybermedia) distributed on the front cover of Windows Sources magazine in 1994.

In 1997 a US subsidiary was set up called Uniloc PC Preload to produce preloaded unlockable editions of popular software products on new PCs. Distribution agreements were executed with eMachines[2] and Toshiba. Family PC magazine also produced two months of magazines featuring unlockable software from Uniloc PC Preload on the cover in 2000.[3]

In 2003, Uniloc Corporation set up a US subsidiary called Uniloc USA, which operates out of Rhode Island and Southern California. The company is currently licensing its patented technology to software publishers and entertainment companies including Sega.[4]

Patent lawsuits

As of 2010, Uniloc had sued 73 companies that it alleges have violated one of its copy-protection patents.[5] According to Uniloc, 25 of those companies settled with it out of court.[5] Due to the abstract nature of its patents, and its litigious activities, Uniloc has been deemed a "patent troll" by critics.[6][7][8][9][10]

Microsoft
Main article: Uniloc USA, Inc. v. Microsoft Corp.

Uniloc sued Microsoft in 2003 for violating its patent relating to technology designed to deter software piracy. In 2006, US District Judge William Smith ruled in favour of Microsoft, but an appeals court overturned his decision, saying there was a "genuine issue of material fact" and that he should not have ruled on the case without hearing from a jury.[11] On April 8, 2009 a Rhode Island jury found Microsoft had violated the patent and told Microsoft to pay Uniloc $388 million in damages.[12] After this success, Uniloc filed new patent infringement suits against Sony America, McAfee, Activision, Quark, Borland Software and Aspyr Media.[13]

The decision against Microsoft was subsequently overturned on September 29, 2009, when Judge Smith vacated the jury's verdict and ruled in favour of Microsoft again, saying the jury "lacked a grasp of the issues before it and reached a finding without a legally sufficient basis".[14] Uniloc appealed the judge's decision, alleging bias and in 2011 the jury verdict was reinstated against Microsoft. The US Court of Appeals for the Federal Circuit said that instead of using the usual "25 percent rule", the damage awards for infringement would need to be recalculated.[15]

In March 2012, Uniloc and Microsoft reached a "final and mutually agreeable resolution", the terms of which were not disclosed.[16]

Minecraft

On July 20, 2012, Uniloc filed a lawsuit against Mojang, citing the Minecraft Pocket Edition, as an infringement upon patents claiming exclusive rights to a method of software license checking.[17] Markus Persson of Mojang has stated he does not believe Minecraft infringes the Uniloc US patent no. 6,857,067 and that Mojang AB will defend the lawsuit.[18] The same lawsuit was also filed against other Android game developers including Electronic Arts (maker of Bejeweled 2),[19] Laminar Research (maker of X-Plane),[20] Distinctive Developments, Gameloft, Halfbrick Studios, Madfinger Games and Square Enix.[21] The patent involved in the dispute was invalidated in March 2016.[22]

References
  1. "Corporate Profile for Uniloc, dated Dec. 4, 1999. - Free Online Library". Thefreelibrary.com. Retrieved 25 July 2012.
  2. "Uniloc's Try-Before-You-Buy Software to be Included With Emachines PCs in 2001; Consumers Can Try Top-Selling Games, Utilities Free for Up to 7 Days Before Deciding to Buy". Business Wire. 2000. Retrieved 25 July 2012.
  3. Uniloc.com Debuts`'Try-Before-You-Buy Software With Family PC Magazine;`'Star Wars Rogue
  4. "SoftAnchor Customers". Uniloc.com. 12 May 2009. Archived from the original on 12 May 2009. Retrieved 25 July 2012.
  5. "Archived copy". Archived from the original on 13 March 2012. Retrieved 23 April 2013.CS1 maint: archived copy as title (link)
  6. Rob Beschizza (21 July 2012). "Patent troll targets Minecraft". Boing Boing. Retrieved 29 March 2013.
  7. Ryan Paul (21 July 2012). "Minecraft developer sued by aggressive litigator over DRM patent". Ars Technica. Condé Nast Publications. Retrieved 29 March 2013.
  8. Zach Weissmueller (20 February 2013). "How Patent Trolls Kill Innovation". Reason.com. Retrieved 29 March 2013.
  9. corbet (28 March 2013). "Red Hat and Rackspace face down a patent troll". LWN.net. Retrieved 29 March 2013.
  10. Jon Brodkin (28 March 2013). "You can't patent simple math, judge tells patent troll Uniloc". Ars Technica. Condé Nast Publications. Retrieved 29 March 2013.
  11. Moses, Asher (30 September 2009). "Aussie inventor's $445m Microsoft windfall wiped out". The Sydney Morning Herald.
  12. "Uniloc Awarded $388 Million in Damages in Major Patent Infringement Case Against Microsoft". Web.archive.org. 20 April 2009. Archived from the original on 20 April 2009. Retrieved 25 July 2012.
  13. Asher Moses (5 August 2010). "Van man 1, Microsoft 0: now Aussie Ric's gunning for more tech giants". Sydney Morning Herald.
  14. Eaton, Nick (29 September 2009). "Judge overturns Uniloc's record $388M victory over Microsoft". Seattle Post-Intelligencer.
  15. Ben Grubb and Asher Moses (7 January 2011). "One man v Microsoft: a day in the Dickmobile, another day in court for Aussie inventor". Sydney Morning Herald.
  16. Decker, Susan (5 March 2012). "Microsoft Settles Fight Over Uniloc Anti-Piracty Patent". Bloomberg. Retrieved 23 October 2012.
  17. Bumgardner, Barry (20 July 2012). "Mojang v Uniloc patent dispute" (PDF). United States District Court for the Eastern District of Texas - Tyler Division. Archived from the original (PDF) on 21 July 2012. Retrieved 21 July 2012.
  18. Persson, Markus (22 July 2012). "Twitter / notch: Unfortunately for them, th ..." Retrieved 22 July 2012.
  19. "Uniloc USA, Inc. et. al. v. Electronic Arts Inc". United States District Court for the Eastern District of Texas - Tyler Division. 20 July 2012. Retrieved 21 July 2012.
  20. http://www.x-plane.com/x-world/lawsuit/details/
  21. Ribeiro, John (23 July 2012). "Electronic Arts, Other Game Developers, Sued for Patent Infringement". PCWorld. Retrieved 23 July 2012.
  22. Mullin, Joe (25 March 2016). "Patent that cost Microsoft millions gets invalidated". Ars Technica. Archived from the original on 19 January 2019. Retrieved 17 January 2019.
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