Microsoft patents the map
Back in the early days of amateur webmapping, many of us got regularly, righteously exercised about the “Multimap patent”.
The patent is described thus:
“A map of the area of a client computer (10) is requested from a map server (11). Information relating to a place of interest is requested from an information server (12) by the client computer (10). The information is superimposed or overlaid on a map image at a position on the map image corresponding to the location of the place of interest on the map. The information (or “overlay”) server (12) may contain details of, for example, hotels, restaurants, shops or the like, associated with the geographical coordinates of each location. The map server (11) contains map data, including coordinate data representing the spatial coordinates of at least one point on the area represented by the map.”
The patent, filed in 1996, was granted several years later in Europe, the States and Australia. (Read the full US patent, or search for EP0845124B at the European Patent Office.)
It’s clearly pretty wide-ranging; the “map server” and “information (or ‘overlay’) server” describes every mashup since the days when the cynics were calling it ‘Red Dot Fever’ (popularly attributed to Schuyler Erle, though I had it in mind that it was Saul Albert) – never mind ‘Google Maps Fatigue’, or, ahem, ‘Why Mashups Suck‘. Almost every webmap could be subject to this patent.
But, fortunately, Multimap never really showed any signs of exercising the patent. Sure, a reference number sat at the bottom of every Multimap page, but that always seemed not so much “we intend our lawyers to get medieval on your ass”, rather “hey, we were here before these Google upstarts, you know”. Indeed, as far back as 2002, Edward MacGillavry – who has a much longer webmapping CV than most of us – could write that Multimap has never “taken any steps to enforce their patents… I am wondering what the actual benefit is of patenting technologies like this”.
Well, today we know.
Coals to Newcastle / patents to Seattle
Multimap was bought by Microsoft in December 2007. At the time, received opinion was pretty much “well done to the plucky little British guys for getting bought”, at a time when Google’s march seemed unstoppable.
We worried that some of Multimap’s bright sparks would be assimilated, of course – but hey, this is the land of Maps 2.0, they won’t find it hard to get jobs. (Visit mapme.at, it’s great.) We fretted that the sole existing OS Landranger slippy map would be taken down, to be replaced by some crap Virtual Earth cartography. That sort of level of furrowed-brow, slightly-bad-things-might-happen concern.
We had forgotten about the Multimap patent.
I am not kidding. I really don’t remember anyone even mentioning it. Searching today, I can see that Rob Dunfey at gisconsultancy.com had been smart enough to spot this angle. Directions Magazine remembered, too, and asked Multimap founder Sean Phelan – grandfather of webmapping, and holder of first the patent, then a very large cheque – about it in passing. He was non-committal. (Probably thinking about his yacht, rather marvellously named Nerdvana.)
Flossie!
Fast-forward to the present.
Earlier today, I idly looked at the latest Google News results for ‘openstreetmap’. I noticed a new site: www.flosm.de, built by an outfit called 123map.
As the name suggests, it’s done in Flash – and as the author of Potlatch, the Flash OpenStreetMap editor, that interested me straight away. It’s a slightly bizarre concept: it superimposes TeleAtlas vector data on OpenStreetMap tiles, so you can compare the two. (There are potential bandwidth-leeching and licensing implications in that, but that’s by the by.) I haven’t seen a great clamour for this, but never mind. Any road up, it’s not going to change the world.
But the story I’d found in Google News was… more interesting. You can read it here (softpedia.com), but here are some of the choice quotes.
“123map revealed that, in order to build Flosm and additional services that it is yet to deliver, it licensed technology from Microsoft, taking advantage of the company’s intellectual property licensing program…
“‘[123map] recognizes, like so many technology companies across Europe, that a way to spur growth in our industry is to license patented technology for mutual benefit,’ explained David Kaefer, general manager of Intellectual Property Licensing at Microsoft…
“It is the specific Microsoft technology that enables this comparison, by making it possible to overlay information on a map image.”
Specific Microsoft technology? flosm.de is built with Flash and appears to call serverside Perl (e.g. http://www.flosm.de/tools/geo03/geocoder_flash.pl?thm=98). I don’t see any Silverlight or .net. I don’t see any Microsoft technology.
Then one of the denizens of the #osm IRC channel pointed me towards the German-language OSM mailing list. Detlev Reiners of 123map has posted there several times, and most recently, has explained a bit more about the Microsoft connection. I don’t speak German, but fortunately Google Translate does. Besides, “Sean Phelan” is the same in any language.
“The patent describes the overlay geographic data, which from different servers on which the data is subject to the client delivered. They are then included on the basis of their geographical Coordinates superimposed. Inventor Sean Phelan.”
In other words, the same Multimap patent we were so worried about seven years ago.
So there you have it. Microsoft is actively claiming a patent for putting stuff on webmaps.
Where now?
Think how, if applied, this changes the webmapping landscape. Every Google Maps view: a penny to Microsoft. Google Earth? Several pennies, I reckon. Yahoo? OpenStreetMap? Anything using OpenLayers? A new startup, like CloudMade or Geofabrik? Start saving. You owe Microsoft.
And at a tidy royalty for pretty much every map on the web today, the $50m price for Multimap looks good value. Seen the other way round, the patent looks like a very, very canny investment by Sean Phelan.
Of course, it’s not quite that simple.
Back in 2002/2003, when we were all getting worked up about the patent, Proper GIS Types looked into it and concluded that it was so much baloney. Carl Reed, an OGC chap, found several examples of prior art (1 , 2). A presenter at an Ordnance Survey-sponsored conference in Cambridge the same year concluded both that prior art existed, and that the patent was merely “the automation of a manual process” anyway.
But Microsoft must know this. They’re big enough and – surely? – not so stupid that they wouldn’t try to enforce a patent with enormous negative PR potential… unless they thought it might stand up. And it’s a fairly familiar patent strategy: pick on the little guys first, get a steady income stream. Once the precedent is established, go for the medium-ranking sites. Then, eventually, go to Google and say “I think we should talk”.
I hope Google’s lawyers have their answer ready. I hope it’s not too far removed from Arkell vs Pressdram.
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