Microsoft Corp will appeal a warning from Japan’s Fair Trade Commission (FTC), against a clause in contracts with OEMs protecting Microsoft from potential patent actions.
The software giant is seeking a review, believing the contractual provision avoids disruptive IP issues, helping create stability for both the industry and consumers.
We believe that the provision at issue fairly balances IP protection and the need to create a stable environment for the development of the IT industry, Microsoft said in statement.
The clause prevents OEMs from filing lawsuits against Microsoft if it’s found Windows contains similar features to their own technology.
Microsoft in February said it would remove the provision from new OEM contracts, but it appears existing contracts will go unaltered. The FTC, though, believes there is a high probability the clause would discourage manufacturers from developing their own technology for added value.
The FTC’s warning is seen as largely symbolic, as Microsoft was not fined.