But before we go ahead and throw out the patent let’s take a look at it and the current assignee. The patent number in question is 6,587,067 and has the following abstract;

“A system and method are provided for preventing unauthorized access to electronic data stored on an electronic device. A portable licensing medium is configured to communicate with the electronic device for storing license data. The license data is used to determine whether to allow access to the electronic data. A registration authority communicates with the electronic device. The registration authority has a database of verification data for verifying the license data stored on the licensing medium and provides updated license data to the licensing medium.”

This same patent was used against Microsoft and their activation feature in Windows XP, Office XO and Server 2003. Microsoft was ordered to pay $388 Million to Uniloc by the patent friendly courts in Texas in 2009. However that ruling was overturned later in 2009 and was not reinstated until 2011 by an appeals court. Microsoft finally settled in March of this year for an undisclosed amount.  

In the past Uniloc has sued over 73 companies claiming that they violate this patent, this would put them firmly in the patent troll category, but arguably one with a compelling history on their side. Now they have decided to go after EA, Mojang, Halfbrick Studios, Gameloft, Laminar Research, Madfinger Games Polarbit and even Square Enix all for the same patent granted back in 2001.

They might be facing a tougher opponent this time as Mojang owner, Markus Persson has said he will do whatever is needed to make sure that Uniloc does not get any money from this. Persson and others feel that their products do not infringe on Uniloc’s patents and this is nothing more than a fishing expedition to gain more money from a patent that they hold. The interesting thing about Uniloc is that no one can seem to agree on their origins. In today’s announcement the patent is owned by Unlic Luxemburg, in the 2003 filing against Microsoft it alternately reported that it Uniloc was an Australian company and a Taiwanese company. There is also some argument as to the date of the patent and who it was granted to. Still there is little doubt that the patent 6,857,067 which was granted in February of 2001 (and credited to inventor Martin Edelman) is going to continue to cause problems for companies that are looking for ways of securing their software from unauthorized installation.

Still there is leeway in the patent and it is possible that with the right judge and jury the differences in methodology can be shown and Uniloc’s trolling activities will be cut short. We are not going to hold our breath on that one though.

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