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AT&T Files Patent Infringement Suit Against Microsoft
wiredog writes "The suit alleges Microsoft infringed on a patent for technology that reduces the size of computer sound files that contain voice recordings. The story, from Reuters, at the Washington Post." Well, I'm posting this because apparently everyone and their brother has decided to submit it. But, well, yeah. It's a compression codec. That crap shouldn't be patentable in the first place. Of course, in the US you can patent math.
First, to the idiot who thinks it is okay to patent such things; consider this, some of the compression codec's that are REQUIRED and MANDATED by international standards are in fact patented. I do not like patents in general, and a mandated and required standard that in effect says you must pay X to Y seems as fundimentally wrong and decietful as what Rambus tried to do.
I also do not see any real good that could come out of this suit. If AT&T wins it could enforce or try to control which vendors can and cannot provide interoperable equipment, or extort even higher license fees. This does nothing for the developer wishing to create new and creative services that interoperate as may be mandated by law and treaty.
If Microsoft wins, it's just something else they embace and extend and one less company or entity that has any potential leverage with them.
Does anyone else benefit from this kind of nonsense? Where is the "to promote useful arts and sciences" means standard of the US constitution met by this kind of patent and nonsense?
Do you think that there is a net economic benefit from allowing IBM to patent this algorithm?
IBM? Maybe not. Sprint, Ameritech, Nokia, Motorola? Absolutely. Voice compression, believe it or not, is not just used in recording audio files for our listening pleasure. It is also used in voice communications. That cell phone of yours doesn't sound slightly warbly from time to time because its a fashionable thing to do. That's the voice compression that you're hearing (that and losing voice packets). So yes, AT&T definately has something to gain by patenting everything and anything related to voice communication.
Ever wonder why Qualcomm is still around? They pretty much own CDMA and are living (largely) off of the profits that patent licensing provides them.
something clever
once someone else has done it, yes.
Same thing with the shaving cream can. Other companies immediately came out with knockoffs and tried to invalidate the patent as obvious. THe ruling was that the amount spent by those companies, without success, in an attempt to develop a dispensor was sufficent proof that it *wasn't* obvious until seen . . .
hawk
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Yes, it is. That's stated specifically in 35 USC 103(a).
This will make a great example for my next lecture on classic flaws in common argument.
Non sequitur
The essence of your last paragraph is that "non-obvious" code should be patentable.
Putting aside the difficulty that some large corporations have with the definition of the phrase "non obvious", my (and many other people's) objection to the patenting of code is a fundamental philosophical one which applies to all code: patenting logic is absurd. The underlying logic for this is, I assume, that patenting intangible algorithms is like patenting things you can walk up to and fire a nerf gun at---which also have to be "non-obvious" to qualify for IP bodyguards to protecting from geeks with projectile toys. The point is patents are (or should be) about specifics, not about generalities and the definition of an algorithm implies generality (cf. the patenting of a gene, vs the patenting of a specific antagonist to a specific gene product).
Sure, copyright the implementation and (do your best to ) control its distribution if that's what you want, but don't prevent me from tackling a problem with a similar approach. You can patent a water pump, but you should not be allowed to patent the idea of water pumps.
Unsupported assertion
This is demonstrably rot. I used to work at the Dunn School of Pathology in Oxford where they developed the therapeutic use of penicillin. They didn't even patent the method of extraction let alone the application. The researchers' incentives were saving lives and winning kudos (like GNU/Linux). It's very likely that you are only alive to write your post because they made the fruits of their research freely available.
Now I work in bioinformatics with the fruits of the ("Open Source") Human Genome Project at the Institute of Cancer Research. Perhaps someone here will find something in The Code that will save you from cancer so you can carry on posting nonsense into your 90s.
> What did microsoft put in to Windows 95,98,ME,NT, etc.?
The only thing these have in common are the Windows Media Player..... so it's probably the windows media file format (whateveritsnamed)
// yendor
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It could be coffe.... or it could just be some warm brown liquid containing lots of caffeen.
> Get off this socialistic attitude people, if things lose their value whats the point of striving to make it better.
[Value == money, right, since socialism doesn't affect any other form of value?]
You strive to make it better because for the respect and honor of your peers, because the inperfections annoy you, because you want to help others, or just because it's in your heart and soul to make it better. Socrates, Jesus and Budda would all probably take umbrage at your suggestion that money is the only reason to make things better.
Sorry, my mistake, of course it is AT&T not IBM. The point is the same.
-- Ed Avis ed@membled.com
Hmm... but this criterion is clearly not applied in practice. In Europe, 'obviousness' or common sense is not allowed to be taken into account - I just assumed that the same was true in the US, given the quality of many granted software patents.
-- Ed Avis ed@membled.com
The problem is that no matter how well-trained the examiner, he is not allowed to use common sense to reject patent applications. Was there any prior art for one-click? Not in the way that the patent office understands it, although of course it was just applying an existing well-known idea to a new situation. But the fact that it is an obvious idea to any programmer, or that there is no economic justification for such business method patents, is not something an examiner can use to reject the application.
-- Ed Avis ed@membled.com
Specific patents are not subject to any economic test on an individual basis, and that is sensible. The patent office cannot make judgements like that, and the law must be the same for anyone. The point is to make the laws so that you get the best balance _in total_.
It is not a good idea, on balance, for the government to grant patent monopolies on computer program techniques. Some are economically beneficial, most are harmful. The net effect is negative.
What you say about the whole system of patents passing or failing is not true, because there is a clear distinction between physical goods and pure information. It is quite possible to make legal judgements based on this, as was and is done in many countries which don't allow patents on software. (Definition: if you can download it, it's software.)
-- Ed Avis ed@membled.com
I didn't mean 'will this company make more money by having this patent'. I was asking whether it is beneficial to the American economy for the US Govt. to hand out such a monopoly.
-- Ed Avis ed@membled.com
Absolutely. That's one reason why proposals to keep software patents, but somehow magically restrict them to 'difficult' inventions, are not sensible. The patent offices cannot reliably distinguish the two in the case of software, and certainly cannot work out the difference between those patents that are a useful reward for research, and those (the majority) that do not reward any real development but are just weapons to harass competitors. Not granting patents on _any_ programming technique or mathematical discovery would be more economically sensible than the current situation.
-- Ed Avis ed@membled.com
But software patents work _against_ disclosure. Few swpat applications contain a working implementation, most do not even give enough information for a skilled programmer to implement what is described. Often nothing of value is disclosed.
Then you have to ask whether the information revealed would otherwise have been kept secret. Clearly this is not the case for cryptography or for anything which is intended for adoption as an Internet standard. Any useful discovery of a new algorithm will be published anyway - unless you think there could be 'secret' algorithms in use at some companies which programmers are somehow prevented from remembering when they leave the company.
In the case of file formats, the patent does result in disclosure, but how useful is the information? Without swpats you can at least reverse engineer the format and develop compatible software. If it is patented, you will not be able to do anything for the next 20 years. And how useful will information about an obsolete format be in 20 years time? Furthermore, often only a small part of the file format is patented (and thus disclosed), enough to stop anyone developing their own software to read it, but most of the format stays secret.
But I said that swpats actively hinder disclosure. Why is this? Because publishing your source code exposes you to being sued for accidentally infringing on patents held by others. Swpats act as a major disincentive to publishing source code, which is by far the most important form of 'full disclosure' in the software market.
-- Ed Avis ed@membled.com
Do you think that there is a net economic benefit from allowing IBM to patent this algorithm? Would compression codecs not be developed if patents were not available? Do the increased incentives outweigh the effects on competition and the risks for smaller developers?
I'm not saying there isn't a case to be made, but you have to balance both sides. The patent system is there solely 'to promote progress in science and the useful arts' (as the US Constitution puts it), so any granting of patents on algorithms must pass this test.
And since patent offices are unable to distinguish between 'difficult' things like codecs and trivial things like one-click (the criterion of 'obviousness' is not something a patent examiner understands very well), you have to ask whether we wouldn't be better off without patents on any field of software. Sure, in some cases there might be an economic loss because codecs might not be developed - although projects like Ogg Vorbis show that patents are not necessary to finance such research. But on balance I think it's clear that swpats do more harm than good.
-- Ed Avis ed@membled.com
With the possible exception of a schedule of fees and enforced licensing, how does this differ from patents?
A patent grants exclusive usage to the holder for 20 years (renewable once). That usage can either be direct (I build a product using the patent myself) or indirect (I grant you a license to use the patent). If I license the patent, I have to pay you a fee that you set. How is that not a royalty system?
The only difference I can see would be instead of me negotiating each license separately is a royalty system would bundle a fee schedule with the patent and once the check clears you have a license, instead of now where I can grant or refuse at will and grant two licenses for different prices.
While that might seem nice, such a flat fee might do more harm than good, if patent licensing is similar to trademark licensing (not sure if it is, mind you) because there the price changes depending on the product. Multiple application patents with flat fees would risk being underpriced for some uses or priced out of others.
Herb
Herb
Again, feel free to sentence me to death if my questions annoy you. I'll come back in 5 minutes anyway. -Sythi
You really need to READ the article you're flaming ..
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Delphis
Delphis
You should see the patents on sex toys...
I don't want a lot, I just want it all!
Flame away, I have a hose!
Only 'flamers' flame!
Nobody says the reverse engineers had to buy a site license from MS. They could have just gone to a retail store and bought Windows, or it came preloaded on a computer or something. No license is involved in that case (did you ever sign a EULA?).
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As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
As far as I can see, they've actually manage the reach that point. It took lots of shear mindlessness, and occasional total idiocy (some of it on the part of congress), but I think the patent office has reached the point where even taken as a whole it does much more harm than good.
Caution: Now approaching the (technological) singularity.
I think we've pushed this "anyone can grow up to be president" thing too far.
The "patent mentality", being the search for a monopoly, is inherently dangerous. When only small economic units are involved it can be easy to overlook the danger. In the current day, the only thing that blinds people to the danger is that they are used to it. Unless one believes that it is good to create and maintain monopolies, it is hard to justify supporting patents.
It is definitely true that the goal that patents were intended to accomplish is a good and worthwhile goal. But patents are an extremely flawed method of reaching that goal. A royalty based system, if one could design a good one, appears to me to be far superior. Still a bit dangerous, but it doesn't inherently create chokepoints in the system (depending on proper design).
OTOH, if I were pressed, I would have to admit that I haven't actually come up with a better system. Still, I would maintain that this is partially because I don't have any real hope of getting it enacted. But that there are certain design principles that need to be applied to any potential system. One of them is to discourage the formation of monopolies and cartels. We have ample evidence that those two economic devices are quite injurious to at least the economic health of the citizenry, and occasionally to their physical health as well.
Caution: Now approaching the (technological) singularity.
I think we've pushed this "anyone can grow up to be president" thing too far.
Microsoft does indeed own 7% of AT&T, an investment worth $5 billion when it was first made.
AT&T sued Microsoft before, in 1996 or 1997, because Microsoft changed the terms of their NT source code contract. It was the same reason Bristol sued, except AT&T settled its suit out of court for an undisclosed amount of money before it got anywhere near a trial. (Bristol eventually settled as well, but only after it won the case and was awarded $1 by a jury).
Regardless of past settlements, its nice to see there's still one large company mostly outside the computer industry that has the balls to stand up and protect itself against these kinds of tactics.
== Paul Rickard, Editor of The Microsoft Boycott Campaign ====
I would agree to the extent that the patent claim is specific to what was actually invented. Too often, some specific thing was invented, then the patent claim that is filed is written more broadly (and overlooked in a government office by people not smart enough to be doing the inventing), and finally, an even broader inter-corporate threat is made, with the likelihood that it will end up being settled in such a way (the claimed infringer preferring just to not go to court) that the patent owner now has even more weaponry to fight against more principled smaller firms and individuals.
The problem is that many of these codec inventions actually overlap so much, no one can tell what's what anymore. How do we really know that what AT&T is claiming is indeed infringed by Microsoft (even if we had the source code to check)?
now we need to go OSS in diesel cars
Mathematical algorithms that have not been reduced to some type of practical application have been held to be unpatentable. However, a claim to a system or method that recites a mathematical algorithm and produces "a useful, concrete and tangible result" may be patentable.
So if the CODEC is not an abstract idea, they are patenting their implementation. Is AT&T does not find MS is using the same source code (machine) they have no case??????
In conclusion, the system DOES allow abstract mathematical ideas to be patented..period.
That's the theory, but there are many patents on purely mathematical transformations.
Wrong. The patent is on the application, not the transformation. I can sit down and use the LZW method by pencil and paper and avoid the patent completely.
Of course, in the US you can patent math
Slashdot scores a 10 again on its lack of knowledge on patent law.
From
http://www.contractedge.com/PatentTradeLaw.asp
Abstract ideas and mental conceptions are not patentable. Discoveries of scientific principles, laws of nature, and natural phenomena are not patentable (although applications of such discoveries are). Mathematical algorithms that have not been reduced to some type of practical application have been held to be unpatentable. However, a claim to a system or method that recites a mathematical algorithm and produces "a useful, concrete and tangible result" may be patentable. State Street Bank & Trust Co. v. Signature Financial Group, 149 F3d 1368 (Fed Cir 1998), cert. denied, 525 US 1093 (1999). The software process involved in the State Street Bank case was used by a computer system to recompute the share prices of a pool of mutual funds after each day's trading activities ended, taking into account the day's gains and losses and expenses attributable to each mutual fund. The final share prices were the "useful, concrete, and tangible result."
The net economic benefit for allowing this patent is simple. It will show that there is profit to be made from designing better Codecs.
Had patents not been available, would we have WMA? MP3? And for that matter many of the other popular codecs we have become used to. I'm sure you'll spout some pithy comment that translates to yes, but the truth of it is that Frauhumper and Microshaft hired a bunch of people to design these coding algorithims, actively promoted them, and made them popular.
Projects like Bladeenc and Ogg Vorbis are a response to a proprietary codec. Not the origin. I mean no disrespect to any of the members of these projects, but the fact remains, that bladeenc was developed after many had put their paid work hours into defining how it should work. And more importantly, these engineers provided proof-of-concept, which as we all know, is really the most difficult part of any science.
How many times do we see someone say "That can't be done" until someone does it, and then the same person sits there and says, "I could do that." And really this sounds much the same.
Sure the GIF patent sucks, but the GIF patent is only a problem because the GIF format was designed well with a lionshare of features that were needed for an emerging new media. (Which was not new and emerging at the time.) PNG can come in and copy the functionality, but hats off to the original GIF team for creating the spec. So, does this mean that we should only be allowed to hold patents for things that are only useful to my clients, my apps, and my machine?? Horse Hockey.
projects like Ogg Vorbis show that patents are not necessary to finance such research
Odd... You mean after a proprietary company has come in and created demand?? This would be similar to saying "Linux shows that the personal computer is a marketable (or desirable) device." No, Apple and IBM/MS did that. Before then, the PC was dead in the water. (Yeah, you should know)
So sorry to tell you, the prospect of making money drives business to invest in R&D that creates products. When OSS comes along and actually furthers the software industry instead of copying the work and functionality of current systems, I'll begin to have less faith in patents.
Besides, look at Visi-Calc... Everybody agrees that this guy got screwed for not patenting the spreadsheet, most tell him it was a colossal blunder, but we all hate swpats, don't we??
Your reality check was returned for insufficient funds.
~Hammy
And then the patient's health insurer says "screw that humanitarian BS, buy the cheap pill. (or pay for the expensive one yourself.)" You and I choose what jeans we buy. We do not often get much of a choice in prescription medicines. The only way I see this working is to force the generic drug manufacturer to duplicate all of the clinical work that the original manufacturer performed. Of course, if that were the rule, there wouldn't be any generics.
This isn't to say that the current system is perfect, only that there is a complicated problem out there and no "simple" solution is likely to work.
Ph'nglui mglw'nafh Cthulhu R'lyeh wagn'nagl dominos.
You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
-- Colonel Adolphus Busch
Does MS have to pay out billions and billions of dollars?
Or will ATT be happy with MS removing the offending code from all versions of windows present and past? (in addition to a "smaller" fine?)
I am particularly fascinated by the idea of punitary damages, which traditionally triple damages.
Or will AT&T settle for having a link to AT&T Worldnet (their on-line service), be placed on the desktop of all newly installed machines running Win2.002? And would microsoft love to let them, place their MSN icon next to them (and slightly higher of course), and then drop AOL from the CD, since they are obviously being pro-competition by letting AT&T have a place on the desktop (traddtionly an MS only space).
Sounds far-fetched, but eerily possible.
This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
Perhaps you should read the article and patent information first before making broad, generalizing, "the sky is falling!" statements like this. I can assure you that the digital music industry is safe from AT&T.
Starting over from scratch isn't necessarily a bad thing. bladeenc was built "from scratch" using the iso specification of an mp3. This didn't stop the Fwhatever institute from threatening them, and for many applications (higher bitrate), it was a better encoder.
OGG is simply a better standard, started with ideas from the mp3 codec. Last night, I lost my entire implementation of a tree class I had for a project. But in writing it, I know how to write a better one. I'm turning in my project late, but now it's better and I have a better understanding of it.
If I don't die of sleep deprivation, I'll be glad that happened (And I'll thank the ultraedit dev team first - fuckers)
Sure, I can see some use in patents, but software patents are simply out of control. It's all well and good that companies can discover things on their own, but it's just wrong to prevent someone else from coming to their own solution sparked by an idea (or from their own creativity) with a patent. Imagine if the idea of using a 4/4 measure for music was patented. "It's catchy, works for us selling music, and cost $200 in R&D for us to find this out. I want a patent. Gimme gimme gimme!" The world would either be in a very sorry state, or we'd all be grooving to waltz.
Granting a patent is just like columbus discovering a new land before its own inhabitants. It was always there, it just became known to different people at different times.
The unfortunate flipside to this is that this creates a lawyer deficit, kids will go into law school because of the extra mad money to be made in the field, and when everybody gets their heads out of their exhaust pipes, we'll have more lawyers than before. And they'll be looking at us.
At that point, you could get sued by somebody you never met for strangermony.
--The basis of all love is respect
On a more serious note, it seems to me, that whoever invented zip would have the patent, and if I'm not mistaken, he died, moving the patent into public property.
IIRC, the LZW patent expires either next year or the year after (depending on which treaty you go off). Isn't Zip based (partly) on LZW, thus the patent issues?
Simon
Coming soon - pyrogyra
I think what I was missing was the surrounding the text...
The next site to slashdot will be ready soon, but subscribers can beat the rush and start slashdotting it early!
Patenting compression codecs protects the work and research of those who develop them.
That's nice, but has nothing to do with the reason that patents exist (or only a small amount).
Patents exist in the United States (where this patent is held) to promote the sciences and useful arts. Specifically, the promotion is not for the benefit of companies, but for the public good.
Early on, it was determined that mathematical laws and other aspects of nature should not be patentable because, unlike the safety pin, these are inescapable aspects of our world. If they are patented, the damage to the public good far outweighs the benefit that we derive by getting these laws to be public (again) in 20 years.
So, the bottom line is a) would compression research and development continue without patent protection (certainly, there are many benefits, and this research was very lucrative before it was patentable) and b) will the public be harmed by the lack of published results in such research? I think that the answer to the latter question is yes and no. Some compression will be done in embedded processors and marked as trade secrets, and this may be lost. On the other hand, we've seen that computer programs can be reverse engineered for their algorithms, so I don't think that anything ever implimented in software will remain secret more than 5 years.
What's more, most of the research in this area starts in the accademic circles, and that work is almost always public.
Math patents are bad for research, bad for business (even the ones that get some benefit from the patents that they hold) and bad for consumers. Please, can we move on as a culture to questions that make sense?
--
Aaron Sherman (ajs@ajs.com)
Would R&D stop without patents? I doubt it very much... there will always be a competitive advantage to being the first to market with innovative products,
Not even close. I used to work for one of those huge, evil drug companies.
Could you give me even one reason why a drug company should spend the ~$250 million over 8-10 years it takes to get a drug approved, only to see a generic maker clone the drug the day it comes out at half the price?
That's only one example. There are tons of others. Without patent, you'll see huge sectors of R&D collapse overnight
Eric
"Seven Deadly Sins? I thought it was a to-do list!"
Having said that, I think drug patents is one where reform is needed. You get the same protection for a totally new type of drug as for one which is a copycat of an existing one, with just enough changes to get past the original patent. The patent system should be jigged to encourange the new drugs, while currently it's better for comapanies to make the copycats.
If you are correct that the patent to which you refer claims a mathematical algorithm as an abstract idea, then you are, by definition, incorrect that it is valid.
The fact that an invalid patent had not yet been judicially declared invalid or subjected to reexamination has no bearing on whether the patent is, in fact, valid.
If you want to get into specifics, feel free to e-mail me and we can discuss the details of this particular patent off-line.
With all due respect, you appear to be relying upon the assertion of a non-legal academic in Croatia's view of United States law. I would prefer, instead, to rely upon the findings of the United States Court for the Federal Circuit, which has exclusive jurisdiction on such questions.
It is one thing to say that a patent is valid, it is another to determine whether it is so. It is one thing to say that the scope of a patent covers an algorithm, it is another to actually construe the claims to see that it does.
In short, United States Patent law is substantially more subtle than the average engineer's view of the subject. It is well-settled law that you cannot own a valid patent on a pure mathematical algorithm (with the caveats noted in my original post).
Someone who says differently is just selling something -- either overselling a patent he owns, or overselling a criticism of the patent system.
Although I am both an accomplished software engineer, programmer and patent lawyer, I'm just reporting my own study of the applicable law. Responsible readers should decide for themselves what is, the truth. But only after reading the primary source matter: the Patent Act and the relevant cases. (State Street Bank and the AT&T v. Excel cases are great places to start -- those would be the strongest from which I might argue your position if I had to do so. I suggest you review them and then consider how I might respond to that argument!)
This is a fine point, in practice, but a significant one at the end of the day. Notwithstanding the Federal Circuit's results in State Street Bank and AT&T v. Excel, it remains well-settled that you cannot patent a formula, mathematical algorithm or a law of nature. Each of these cases reaffirms this general principal of law.
That being said, it is likewise well-settled that the mere appearance or recitation of a formula, mathematical algorithm or law of nature in a patent claim does not invalidate the claim. What you can patent is a concrete application of these abstract ideas.
A patent directed to a novel catapult (assuming there were none in the prior art for the purpose of this example) can be described as a method for projecting massive objects through space with a parabolic trajectory. However, to be patentable, the claims must be directed to both the structure of the solution (the steps) and the context in which they are applied. A mere recitation of a method of using an inverse square law of physics would fail.
This is a fine point, of course -- good coverage can be obtained in practice going to the essence of the commercial benefit of a formula or law of physics. But the fact of the matter is that you can't patent math, even here in the United States of America.
I have no problem with someone making a profit off an new computer program or even a codec.
Neither do I. I write software all the time for customers and get paid for it. Why do I need a patent for that? It offers me no protection whatsoever.
If it is that good then they deserve to get paid for it.
No problem there. People should get paid for their efforts so they can pay the mortgage, buy food and clothes for themselves and their families, etc.
If that means requiring a patent then so be it.
Woops! I can't agree with you there. The only thing a patent should be used to protect is SERIOUS amounts of research in areas where none have yet trodded. IE, the various criteria for the existence of patents as intended by the Constitution has been met fully and unambiguously.
Right now, I have some customers who want to do e-commerce sites. They want the purchasing experience to be as simple as possible for the user, with the least amount of effort. I want to implement the VERY obvious steps of storing the customer information once and letting them select and purchase products directly from the catalog; "impulse buy", if you will. They select the product by clicking on it and it will be put in-process as an order to be shipped to them.
Oooops! Now, I'm in trouble. I am infringing a PATENT on what would otherwise be common programmer sense. The patent holder, in a fit of spite, sues me and my company completely out of existence. Why? Because they have been given the power to control something which they have absolutely NO right to control by a broken system.
It doesn't help them; it doesn't help me; it doesn't help the rest of the Internet community. It is simple abuse of a broken system, and they will be damned for it by me and everyone else I know until they return what they have stolen from the public commons.
Life isn't free, and just because you want something doesn't mean you deserve access to it for free.
It has nothing to do with what "I" want for myself. All I want for myself is the right to implement a solution in code to a problem for a) myself and b) people who want me to use my expertise to do the same for them because they lack it; all so that I can a) enjoy working on things that pique my interest, and b) make money so *I* can pay my mortgage, feed and clothe myself, etc.
Nowadays, writing ANY software as a solution to ANY contemporary IT problem is almost guaranteed to be in violation of some stupid lame-ass patent and open oneself up to the possibility of being sued out of existence for your trouble (yes, even for implementing it just for yourself).
I know that I sure would hate it if I wrote a Call-back verifier program back in the BBS days and sold many registrations to it before some jerk came along and waved his PATENT on the same idea that he received a few months earlier in my face. Even outside of that situation, do you think I would need a patent to protect my revenue stream on such a concept?
Get off this socialistic attitude people, if things lose their value whats the point of striving to make it better.
Firstly, there is nothing wrong with a little Socialism, just as there is nothing wrong with a little Capitalism, Marxism, Democracy, Totalitarianism, etc. What makes each one of them dangerous is wholesale devotion to the ideal each embodies to the EXCLUSION of all others. Life is an experiment in averages. Extremes are very rare and usually threaten the very existence of life.
Secondly, the labor of creation will never lose its value to the creator and anyone he first sells it to. Beyond that, its value diminishes greatly and using artificial means to protect it creates a dangerous situation not too far from what we have today.
-SS "Teach the ignorant, care for the dumb, and punish the stupid."
Courts have always rejected the "sweat of the brow" argument for copyright and (IIRC) patents. Simply, "IP" (terrible term, I know) is not awarded on the basis that it is hard to develop. For patents, this is obvious, as a patent restricts even independent invention - if HP were to put all the CPU time and research into developing a codec that IBM had, and ended up with the same codec, they would still not be allowed to use it.
Become a FSF associate member before the low #s are used
Seriously though, having worked with numerous professors who get research grants I can tell you that it's all about approaching useful technologies, and developing intellectual property that is at least potentially useful for the corporation.
By the way, much of the Internet was developed by the government, for government use. This is a good thing, I agree. But it didn't become wide-spread until private corporations put in the money to connect the world. Before that, the connections only existed between specific Universities. I don't think you would want to leave the development of all future technologies to the government. And corporations are, and should be, motivated by money.
I know open source is a grand thing. But you'll find that open source programmers are either employed by corporations (who generally believe in IP), work for Universities (supported by corporate and government grants), or are still kids living off their parents (who work for corporations.) With the exception of a few open source based companies, everyone relies on intellectual property...
Thalia
I am not sure who I'd rather excericise my bashing abilities upon - MS or AT&T. They are pretty much the same as far as I am concerned.
- -------
There are three entities in the US - corporations, government and us (the rest that is not covered by the first two).
Corporations suck because they rule the world and take away your freedoms; the governement sucks because they just take away our freedoms (unless they are regulating corporations, which happens extremely rarely, but is nice), and we suck because we enjoy seeing our freedoms being taken away (at least we don't do anything about that; rather we wait for somebody else to step up).
Bottom line is that AT&T is just as bad as MS as far as I am concerned. Both have stepped on my toes and have taken away my freedoms, so why would you choose one over the other?
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Jobs? Which jobs?
It's not a requirement to sue that you have solid evidence of infringement. (For that matter, it's not even a requirement that you think they have.) If AT&T thinks MS might be infringing, they can sue and then find out -- civil litigants are required to make full disclosure of relevant information.
-Tom Duff
I'm geussing that you've never actually tried to make a living this way.
--
"I have a good idea why it's hard to verify programs. They're usually wrong." --Manuel Blum, FOCS 94
The safety pin is obvious to us because it's been in our culture for many years. The real question is how obvious was the safety pin at the time it was patented?
Bill Clinton: Pimp we can believe in. - The Shirt!!!
Even better than that...
I believe that the PAPER CLIP is patented, especially the ones with little grooves on them...
someone was a genius in his own time for bending a piece of wire...
No unauthorized use. Trespassers will be shot. Survivors will be shot again.
"Get off this socialistic attitude people, if things lose their value whats the point of striving to make it better."
1. The idea that your contribution will better society, at no cost to you. (only the _potential_ loss of income)
2. The fame of inventing something new and useful.
3. The pleasure of figuring things out.
4. The selfish reward of recieving others contributions if they also adopt your beneficent attitude.
5. The selfish reward of making something or improving something merely to satisfy your own needs.
Compare the use of regulations, welfare, and other "socialistic" practices with the artificial and arbitrary constructs of patents and copyright laws which deal more with assuring income then protecting rights.
The interesting question is how would the world be different if patents only assured the inventor of the right of name association (it's not a "safety pin" unless made by X), and copyrights only assured authors that their works would not be modified without proper attribution? (If you change one word, it's no longer "War and Peace")
And Thalia did declare:
Research grants are indeed there to provide research for the benefit of the corporation providing the dough.
Your assumption is that it was a corporation providing the grant. Your implication is that only corporations do so.
The first may at times be true, but the second is false.
But it didn't become wide-spread until private corporations put in the money to connect the world. Before that, the connections only existed between specific Universities.
Non-sequitur; the fact that corporations invested in the internet had nothing to do with the patent system. In fact, had Andreessen patented 'web-browsing', it may have been a serious blow to the development of the internet we now know.
And corporations are, and should be, motivated by money.
Unsupported statement. Though many corporations may indeed be motivated by money, that doesn't necessarily mean all aspects of what they do are motivated by money. As well, can you think of no other motivation for a corporation? Altruism immediately comes to mind.
Consider Slashdot as an example for both of these: Supported entirely by banner advertising (a form Slashdot has itself reported as non-sustainable) and very little of it, to be honest, the bandwidth Slashdot consumes must be huge as evidenced by the "Slashdot Effect". We can assume then that Andover.net/VA Linux is actually suffering a loss on the operation of Slashdot. In other words, if the primary concern of VA Linux is money, they should close Slashdot. Yet as we can see, it remains running.
I suggest that the reason for this is that VA Linux's primary concern isn't "profit" as you suggest, but closer to advocacy and to the advancement (dare I say innovation?) of the Linux platform as a whole.
In short, there's more to people than greed.
Kwil
That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze
Developing new operating systems is hard work. It requires a great deal more computer science ability than I or the general slashdot community posses. They are a form of program, but they are a form you must go looking for. You must run tests, put in long hours, and do a lot of work to successful design a new operating system. They do not jump out and say "here I am" to the casual practioner.
Patenting operating systems protects the work and research of those who develop them. PhD. in computer science do not come cheap, and neither do grad assistants, sysadmins, numbers chruncers, and everything else required to keep a research institution operating. No patents, no more R&D. No more operating systems. No nifty new toys like the web, 3D graphics, or most of the other major developments in computer science. No more BSD or Linux because you could never recover your R&D investment. No more FSF.
/devil's advocate
...just what I think of every time I see someone saying how impossible something is.
Nate
-- Watch the REAL Jon Katz.
As much as I am against patients computer software of any type, I still love this one. Hell I love anyone or anything that even tries to put a dent in Microsoft!
Death To Microsoft!
That's right effectively immediately I'm going to sue everyone who uses the alphabet to type their letters to submit to the courts.
Ok enough fscking around. Of course someone shouldn't be able to sue for basic things like math, etc., but when someone creates something unique and patents it they should weigh the factors entirely and determine whether or not someone else is going to rip it up and use it on another product. Wait... That's stealing the entire concept isn't it? So what's the big deal about another company trying to protect something they've worked hard to invent.
Don't lose site of the issue by claiming that someone is patenting math because that's not the case so one shouldn't be so biased. If you invented something in a method previously unfound and patent it, you have every right to protect what is yours. If you don't like it, then you should set out to create something on your own without having to rip someone elses work plain and simple.
Too many people want to be legal experts here without looking at the full scope of a case, and often everyone gets it distorted for many reasons. So if you invent someone would it be right if someone infringes on something you worked hard to perfect? Place yourself in the same situation as the company who owns the patent.
Yes patents are meant to innovate ideas not duplicate them and rewrite your name over them.
Want Root?
They don't mean compression as in bzip or gzip, they've patented a method to lower the file size of audio which you can play on demand not bunzip or gunzip.
It's the comments like these that make me wonder how biased some people can be when dealing with reality surrounding these cases, so here's a scenario for you:
You create a file folder mechanism to store data. This system takes files and says stores them in the following order (using your login name) h a r d a k e r and by placing them this way saves x amount of space. Now you patent this since it saves space and is innovative. Along comes someone else and takes your entire idea and recreates it word for word except they don't use your name to store the data they use m i c r o s o m e t h i n g
Is it fair for them to take your work and do this? Sure they could create something similar but by ripping your work word for word without your permission their wrong plain and simply.
It's fun to have a laugh at the expense of others but in a situation like this where everyone is suing everyone else its only a matter of time before things become so full of misplaced regulations, someone will sue you literally saving a file. This is the scenario you want to avoid
Want Root?
Funny you should use this example. Reform of pharmaceutical patents is needed at least as bad as software patents.
Ken
Research is often done for the public good, by the public (through the government). Often, this research is not patented. But sometimes it is; many universities stay in buisness and fund more research through their patent portfolios. With out patents, America's universities would suffer; and believe me they do care about money. Even those doing research for the sake of research have to eat. And just because many of the results of research aren't patented doesn't mean that the option should not be unavailable.
And I don't care what the epistemologist say about math being discovered or invented, most philiosphers can't do math.
Math is work, and deserves compenstation.
Jason Denton Colorado State University [Thoughs and comments are my own, and not reflective of CSU]
Compression Codec's are absolutely something that should be patentable.
Yes, UniSys dropped the ball then behaved badly with LZW and GIF. Yes, it is often better to not patent a codec, and the Fauhenfoer (sp?) institute has a questionable claim on LAME because their patent only covers the aucoustic tables which LAME does not use, but that doesn't mean compression patents are bad.
Developing new compression codecs is hard work. It requires a great deal more mathematical ability than I or the general slashdot community posses. They are a form of math, but they are a form you must go looking for. You must run experiments, put in long hours, and do a lot of work to successful design a new compression codec. They do not jump out and say "here I am" to the causal practioner.
Patenting compression codecs protects the work and research of those who develop them. PhD. in computer science do not come cheap, and neither do grad assistants, sysadmins, numbers chruncers, and everything else required to keep a research institution operating. No patents, no more R&D. No more compression codecs. No nifty new toys like the web, 3D graphics, or most of the other major developments in computer science. No more Real or QuickTime because you could never recover your R&D investment. No more MPEG.
Are many, many software patents bad? Obviously. Are the all bad? Absolutely not. Not all code is obvious. Not all "simple" code is easily deduced. Research should be protected. The patent office is the problem, not the idea of software patents.
Jason Denton Colorado State University [Thoughs and comments are my own, and not reflective of CSU]
That'd be Fundamental Theorem of Arithmetic?
--
Too stupid to live.
Too stupid to live.
Too stubborn to die.
what are they waiting for, patent the internet and expect royalties from every person on the planet that uses it!
hahaha.
down boy! down!
you seem to have a poor grasp of what patenting is, or rather, what it has become thanks to the ignorance of the USPTO.
what you seem to be trying to protect is the copyright of an owner over their work. this is not disputed. if someone, or a business, spends lots of time developing a compression algorithm (for instance), then their work should be protected from being stolen. i agree with you 100%.
however, taking out a patent on something like a compression algorithm (or rather, the USPTO being small-minded enough to grant it), is tantamount to "all your compression algorithms that you may develop in the future, regardless of whether they're based on this work or developed entirely from scratch, are belong to me." a patent protects the whole idea of something (eg, in these days i'm sure Ford would have tried to patent the car.)
the problem is the USPTO is awarding very vague patents, such as this one AT&T is claiming, not on the basis of doing groundbreaking work, but simply because they apply for it. it's like domain-squatting, but with intellectual property. and that's what's sick about it.
/fross
First the obvious... Which T or soon to be mini T is sueing. Also I would have thought this patent would have belonged to AT&T Labs (Lucent). Or Bell Labs (whoever they are now).
Now the less obvious, this patent actually has roots back to at least 1971 and the switched digital network (ESS). How long should a technology/math patent live? Should the exist at all.
Even less obvious, Micro$oft has unleashed a very expensive new license system in the XP model. T's suit may be an attempt to obtain a more favorable arrangement. MickySoft should prepare for more from other corperations, technology does not operate in a vacuum.
Sounds like a chicken & egg thing - are those companies making more profit mainly because they can take advantage of their government-provided monopoly on a concept to milk money out of consumers that they would not otherwise be able to get?
The REAL question is: does SOCIETY receive a net benefit by granting entities (either individuals or companies) these hopefully-temporary monopolies on ideas?
Of course, this is complicated by the idea that nobody can agree on a good, quantitative way of measuring the overall health of a society (I submit that simple macroeconomic numbers like GDP are probably too myopic to be good measures of the health of an entire society).
One example & an assertion doesn't prove a case. And I'd argue that the intellectual property environment today is not what existed when patents were generally perceived as "useful".
Part of the reason it has been difficult to challenge new types of patents is because of a ruling by the Supreme Court that specific patents are not subject to this constitutional restriction, only that the patent office on the whole must do more to promote business than to harm it.
I'm not saying there isn't a case to be made, but you have to balance both sides. The patent system is there solely 'to promote progress in science and the useful arts' (as the US Constitution puts it), so any granting of patents on algorithms must pass this test.
So this is unfortunately only true if you can argue that the whole system of patents fails the test, if I understand correctly.
IANAL by the way.
LibBT: BitTorrent for C - small - fast - clean (Now Versio
Those are of course two disconnected statements. After they've been served they will say:
And after settlement they will write:
Just a guess ;)
LibBT: BitTorrent for C - small - fast - clean (Now Versio
If you really think that you can prove to the satisfaction of a court that the net impact of software patents is negative, and that they can and should be distinguished from other sorts of patents (which flies in the face of established US legal history where software patents are permitted primarily because they are considered technically indistiguishable from a black box that performs the same function as the software program), then why not go ahead and appropriate a few US patents.
You should be able to use any software patents with impugnity. Apple in particular seems litigous toward individuals who borrow their IP.
Personally I think it would be both difficult and problematic to prove. The best chance for repealing software patents IMO is to lobby congress to specifically change the law to make software patents illegal. If on the whole they cause more harm then good, they should be willing to listen... of course major corporations might disagree with you on which way the balance should go. And in the US both the courts and congress tend to believe that business knows what it is talking about when determining what has a net positive impact on the economy.
LibBT: BitTorrent for C - small - fast - clean (Now Versio
Sorry no. Apple and Micro$oft 'settled' the matter as part of the $150 million Microsoft 'invested' in Apple back in 1997.
Odds are this will get 'settled' in a similar way. AT&T will be given a 'special price' on some M$ technology. AT&T got paid $5 bil by M$ for the Windows CE based cable box, so this will happen again.
Not much to see here. Time to move to a safe distance and watch the titans dance.
If it was said on slashdot, it MUST be true!
I think I'll patent air.
Attention everybody!
Stop breathing right now and pay me royalties, or else I'll sue!
Last time I checked, IBM's patent on arithmetic coding was still valid (it's used as the last step in many compression schemes). If that's not patenting a mathmatical algorithm, I don't know what is. Yes, generally they get around this by claiming the algorithm is implementable in hardware, even if it's more easily implemented in software, but there it is...
"Freedom means freedom for everybody" -- Dick Cheney
Try running gzip of bzip2 on your sound files... most sound file formats are already fairly close to optimally entropy encoded, so they get bigger, not smaller...
"Freedom means freedom for everybody" -- Dick Cheney
Look at the flip side... what if M$, with it's deep pockets, actually WINS this case... that would be a big win for us, giving us a precedent that we can reverse engineer patented algorithms in order to acheive interoperabilty with other software... like Windows for example. Hmmm, good point -- even if M$ wins this case, they still lose!
"Freedom means freedom for everybody" -- Dick Cheney
If they win, it sets a precedent that it is ok to reverse engineer algorithms to acheive interoperability with other vendors software... think of Samba, for instance, and what it would mean to them.
"Freedom means freedom for everybody" -- Dick Cheney
How absurd is it to make a patented codec part of the H.323/H.324 standard? In this case, Microsoft is wearing the white hats for a change... they needed to implemented patented algorithms to make their audio conferencing truly interoperable. And they, uh, gave that software away for free, didn't they? Sounds like Microsoft is now getting sued for doing exactly what they keep accusing Open Source of doing, doesn't it?
"Freedom means freedom for everybody" -- Dick Cheney
Probably not very far, but like everyone else on slashdot, it's nice to let myself believe that there would be an interesting lawsuit that could bring the behemoth of MS to its knees (at least for a few moments). But in the end, the suit will probably disappear into obscurity. Or wait? Can Xerox come back and sue for the infringement of their first GUI OS?
AT&T will charge a fee to use their technology soo high to purposefully make it impossible to use these encoders... we'll all be stuck using unlicensced ("pirate") copies of lame / ogg ...
Meanwhile, AT&T just o3ned the entire online music scene because they now control the means of production.
lets root for microsoft :)
Free Techno/Jazz/DNB/MI Music by guys obsessed with monkeys!
Ah, but it is far off. You can't patent a result. You must patent a procedure. If IBM were to patent an efficient deletion algorithm that passed prior art tests, more power to them. They developed it, and they should reap the rewards and problems that come along with a patent, if they desire it.
Sure, they thought about it once they realized how much money they lost not marketing it themselves. But just because a company considers suing someone doesn't make their position any more favorable or justified. Actions speak louder than words and they knew it was a losing battle.
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dman123 forever!
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dman123 forever!
Filtering out the -1s and 0s since 1999.
I think the poster meant that the $150 million investment plus "an undisclosed amount" was getting beat down. The legal battle was a long one and I doubt anyone at Apple feels as though the end result was fair. They kind of had to accept something because it was obvious that they would never end up winning in court.
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dman123 forever!
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dman123 forever!
Filtering out the -1s and 0s since 1999.
Now, if MS was using the IBM codec inside their own codecs, or inside a product without permission and royalties to IBM, then IBM is WELL WITHIN THEIR RIGHTS. Don't confuse ideas with implementation methods, however.
I seek not only to follow in the footsteps of the men of old, I seek the things they sought.
my oops, about the company, but I was more posting in general than specific to this. The mention of IBM was a goof because of the post I hit respond to. Funny how a simple mistake can cause such an outpouring of emotion from people, but I appologize for 'causing' you to loose it. Oh, and you need to read up on moderation, posting, and some net-eticate (sp?, ah who cares it might entertain you). Keep smiling happy boy!
I seek not only to follow in the footsteps of the men of old, I seek the things they sought.
Wrong! You don't need to reverse-engineer patents, you just RTFT (read the fucking patent!). The compromise to getting a patent is that the applicant must disclose details of his/her invention.
CmdrTaco, this is yet another link in your chain of imbecilic statements on Slashdot. VA Linux should promptly fire you for your lack of common sense.
First of all, why the hell aren't codecs patentable? The most certainly are, considering the amount of R&D that goes into them. Complex mathematical transforms, highly efficient software code, and clever use of "compressable" aspects of the media stream go into every new compression codec that's made. Microsoft stole this technology from AT&T, like they steal dozens of other things from the businesses around them (life, liberty, and happiness to name a few), and they deserve to lose horribly in a settlement or in court.
CmdrTaco, go home.
(Also: CmdrTaco seems to have a sort of "post-and-forget" and "forget-and-post" MO going here. The former relates to the fact that he almost never reads and contributes the reply posts on the articles he starts. The latter relates to the fact that he forgets all simple judgement as in the realm of reality right before he decides to make some brainless comment about the issue at hand.)
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Stupid people suck.
No the patent still lasts for the rest of its 18 (or whatever that number is) years and the proceeds go to the estate. IP patents should be no longer than 2 years.
"You can now flame me, I am full of love,"
Few swpat applications contain a working implementation, most do not even give enough information for a skilled programmer to implement what is described.
That may be true for some software patents, but (for example) the United States patent on Nintendo's Dr. Mario game gives a full description of every variable and subroutine. Of course, I stumbled upon this patent after I had worked it out in my head after about two days of non-stop Dr. M play and after I released my clones of Tetris and Puyo Puyo.
The first claim of the patent also seems to cover Tetris 2, Blastris B, and some popular variations on Columns and Klax. Prior art? Not only that, the recent Dr. Mario 64 doesn't mention a patent number on the box, in the manual, or in the credits. (Dr. Mario 64 sucks anyway.)
NINTENDO: THIS IS YOUR INVITATION TO SUE ME UNDER U.S. PATENT 5,265,888. HERE'S THE EVIDENCE!
Will I retire or break 10K?
Should my recipe for chocolate-chip cookies be patentable?
I haven't looked that deeply into it, but I'd think the food produced by following a recipe is probably a patentable composition of materials under patent law. Many materials patents include a recipe, that is, a method (methods are patentable) for producing the material.
Of course, nothing you read on Slashdot is legal advice.Will I retire or break 10K?
The amount of lawyers money involved in this case. I mean one big corporation against another big corporation. Usually it's on big corporation against the rest of the world and the big corporation always win because it has more lawyers but what will happen in this situation?
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Je t'aime Stéphanie
What (specifically) was the patent about?
What did microsoft put in to Windows 95,98,ME,NT, etc.?
How about mp3/ra/ogg? Are they subject to this patent as well?
"That crap shouldn't be patentable in the first place. Of course, in the US you can patent math."
I would like to thank Taco for pointing out *precisely* what AT&T did.
From reading a couple articles, it seems MS was licensed for some uses of the codec, but are being accused of using it in other ways. No, this isn't like a 1-click and should be easily provable. The codecs used in telecommunications are well established standard algorithms, defined as such (like G.711, G.723 G.729a G.729b, etc), and included in ITU documents. It they're using a codec outside of an existing agreement or any agreement at all, it should be a slam dunk in determining that. (Net meeting uses H.323. Simply connect netmeeting with another compatible application accepting only the codec in question, and see if they negotiate to use it.)
I would suspect AT&T will not be looking for cash from Microsoft (OK maybe a little cash) but the REAL thing they have to gain is influence. AT&T having a voice in the future evolution of Windows. Imagine how AT&T must salivate when they think they might have a voice in MS architecture, networking, etc...
Also, AT&T Worldnet might enjoy embracing, extending, and engulfing MSN. The idea of becoming a real competitor to AOL gives AT&T a woody.
The issue is, software is easy to duplicate and an algoithm, once described, is usually "easy" (meaning "possible") to implement. So in a purely free-market world, you could never make much money from an algorithm: Someone else would use your research to make whatever product, and, since they don't need to do the R&D, they'd sell it cheaper than you could.
Patents are a direct governmental intervention into the free market (take that, all your uber-Libertarians) that artificially enhances the value of an algorithm by artificially restricting supply to the discoverer. Artificial scarcity works just as well as real scarcity, in that it pushes the price up. The theory is that this actually promotes more innovation because now people can reasonably expect to make a living at the R&D.
But there is no inalienable "right" to be rewarded for hard work. It only makes sense in IP law due to the secondary effects.
The Mongrel Dogs Who Teach
I wish I had mod points today. :)
Research grants to universities, be they government grants or private grants, are not provided to purchase intellectual property. They are provided to advance the state of human knowledge.
It's interesting that you cite the web, for instance. Was the web developed in the course of establishing a patent? Hell no! How about the web browsers? NO again. How about other internet applications: email, netnews, file transfer, file sharing protocols like NFS or AFS. Are these patented? No. no, non, nyet. And yet they were developed anyway. Curious, isn't it?
It is not at all clear that even a perfectimplementation of the patent model would generate innovation in software more fairly and rapidly than would be the case if there were no software patents at all. When you consider that the patent office is so badly broken as it is, well, throwing the baby out with the bathwater is justified if I can't get rid of this fetid bathwater any other way.
I used it pretty heavily, and in addition to all sorts of neat (for a DOS platform at least) such as on-line help, it was ultra compatible.
At least it was until Windows 3.1 came out. It just wouldn't run on top of DR-DOS, although Digital' OS would run other MS products such as Flight Simulator.
I distinctly remember calling MS technical support, hoping there was an install / config option to Windows 3.1 that would allow me to keep using DR-DOS.
I explained the problem to the tech rep, and when he asked me what version of MS-DOS I was running, I said "But I'm runing DR-DOS, not MS-DOS".
His response - "Now why would you want to go and do something like that?".
A message from our sponsor
"That crap shouldn't be patentable in the first place. Of course, in the US you can patent math. " That's like saying that you shouldn't be able to patent a new pharmaceutical becuase you think it's silly to patent chemistry. Allan
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< )
( \
X
Friends don't let friends use multiple inheritance.
N.
If you don't have anything nice to say, say it often.
If you don't have anything nice to say, say it often.
- Ed the Sock
If you have problems with that just go to http://www.uspto.gov/patft/index.html and search on American Telephone and Speech Coding for 1988.
Whats wrong with this idea is that MS makes like 20% profit. Other companies will consider it luckly to get 5%. Prices of products obey suppply and demand. (Microsoft controls the supply of course). The whole idea that if a company starts losing money they will bump up the price is wrong, at least if the company is smart. If anything they will reduce prices to gain more markey share.
Heh... now that's funny... oh wait... it's true...
Doh!
I am become Troll, destroyer of threads
Does MS have to pay out billions and billions of dollars?
Or will ATT be happy with MS removing the offending code from all versions of windows present and past? (in addition to a "smaller" fine?)
I am particularly fascinated by the idea of punitary damages, which traditionally triple damages.
Say the damage is assesses at 10 billion. times three is 30 billion, larger than their (MS) current cash on hand.
this is going to be fascinating to watch. After all ATT has enough money to feed the lawyers. And there could be a side effect to this in terms of ATTs ability to retain control of other market sectors.
Check out the Vinny the Vampire comic strip
"It is a greater offense to steal men's labor, than their clothes"
it will be bad for Open Source in general. Patents are anti open source.
Never take moderation advice from sigs, including this one.
You know. i think i've finally heard the stupidest thing ever. And it doesn't involve horses or colleges either.
Non impediti ratione cogitationus.
Algorithms/Designs (unlike ideas like "hey, i'm gonna patent that single-click online ad idea even though it's plainly obvious to everyone") have always been patentable and should remain so.
Hey, we live in a capitalist society (or at least we hope we do) where we get paid for our labor. If you spend 10 years developing a really cool and original sound compression algorithm, like Fraunhofer Institute's MPEG Audio Layer-3 (MP3), which becomes really popular, why shouldn't you patent it and make some profit for all the work that you had put into creating it? We all have to make a living...
Hmm ... someone should patent adding, subtracting, multiplying and dividing
If someone (living) can prove they invented those operations then they deserve to get the patent.
That crap shouldn't be patentable in the first place. Of course, in the US you can patent math.
On a side note, perhaps editorial comments and opinions of the slashdot staff should stay off the front page and go on the comments page where they belong.
As for patenting math, I would have to say that if a company invests money and time into developing a complex algorithm they should have the right to patent it. What about when a company designs a machine of some sort, are they patenting metal? No, they're patenting something they invented so that they can make money off the money they invested in inventing it.
I know most of you won't agree, but that's how I see things.
Umm...
Uh...
Time travel? Plan9?
Mommmm!! My head hurts!
Pinky: "What are we going to do tomorrow night Brain?"
Pinky: "What are we going to do tomorrow night Brain?"
Brain: "I would tell you Pinky but this 120 char limi
IBM has also filed a lawsuit against all Operating Systems for infringement of their second patent.... deleting data from a hard drive.
OK it wasn't funny but it's not far off.
Pinky: "What are we going to do tomorrow night Brain?"
Pinky: "What are we going to do tomorrow night Brain?"
Brain: "I would tell you Pinky but this 120 char limi
While gzip was written to replace "compress", it's simply a packaging of the existing "deflate" algorithm from the info-zip utility and in fact uses the same code. I don't know about PNG but it's hardly rocket science.
-- .sig are belong to us!
All your
A feeling of having made the same mistake before: Deja Foobar
Does anyone know where more detailed info on the suit can be found th article left a lot out for example:
Exactly what codec is being disputed. Is this code or formulas that AT&T can PROVE MS is using or is it more like the Amazon 1-Click thing where they are suing for the concept.
If it is the concept of compression then they may have to pick a fight with Faughenfer ISS (the inventor of the MP3 standard)
Also the article neglects to metion why it took AT&T 11 years to finally file suit when they claim that Win95 and up are breaking thier patent.
I dislike MS as much as the other guy but making blind jabs at the goliath is going to do nothing but make us all looks stupid.
Lets make sure we judge things on the facts of the case and not because we all hate microsoft.
"Don't mess with him, he taunts the happy fun ball."
That "crap" should be patentable, especially when it cost years and millions of dollars to develop. Without those patents, we wouldn't have had mp3, and you wouldn't have been able to run all those stories on Napster versus the RIAA and linux-based mp3 players.
Yes, some software patents are silly (I mean, XORing a cursor? Come on!), but some are genuine inventions, and should enjoy protection similar to what a physical invention would enjoy. Perhaps not as long as physical devices though, since time seems to run much faster in the software industry.
I never thought I'd see a patent story where everyone on Slashdot would be defending a patent. Only with Microsoft. If MSFT was going after AT&T with a patent, I have no doubt everyone posting would currently be planning a place to meet around Redmond in order to go burn the MSFT campus to the ground.
-- Hobbits suck!
I mean, M$ bashing is quickly becoming a national sport. The more ppl doing it, the better.
What ? Me, worry ?
MS-DOS came first, and DR-DOS was built and marketed by Digital Research as a "better DOS".
:-)
/. you've already done at least one of those. :-)
And MS-DOS was originally called QDOS ("Quick and Dirty Operating System") by Tim Paterson of Seattle Computer Products who wrote it and sold it to Microsoft for the [as it turned out] ridiculously paltry sum of $50,000.
QDOS was more or less a feature-for-feature copy of CP/M, which as we all know was created by Gary Kildall of Digital Research. I can only assume that DR-DOS was the final name of CP/M-86, the version of CP/M that had been in the works for the 8086 processor.
So, the original poster's assertion is technically correct-- MS-DOS, which became the cornerstone of Microsoft's empire, was copied from a competitor's product. It was only in the interest of saving time that they bought it from someone who had already done it, rather than create their own knockoff version. It's important to save time when you sell a product for which you haven't written one line of code.
Watch "Triumph of the Nerds" or read Hard Drive: Bill Gates and the Making of the Microsoft Empire for more on this.
Chances are, if you're reading
~Philly
Ok...so this might sound like a dumb question, but how did AT&T go about figuring out that MS infringed on their patent. Did they take some audio, put it thru the MS code and look at the output to see if it was similar to an output of the AT&T codec ? Or did they dis-assemble the MS codec and compare it to their own ? If the did dis-assemble the codec, didn't they break the EULA ? R
Its easy to be a Socialist with other people's stuff.
I have no problem with someone making a profit off an new computer program or even a codec. If it is that good then they deserve to get paid for it. If that means requiring a patent then so be it.
Life isn't free, and just because you want something doesn't mean you deserve access to it for free.
Get off this socialistic attitude people, if things lose their value whats the point of striving to make it better.
* Winners compare their achievements to their goals, losers compare theirs to that of others.
Think about all the CPU time IBM had to devote, and all the research on the part of scientists to come up with the perceptual encoding and other technologies involved in creating that codec. That wasn't free CPU time and those salaries didn't magically appear. IBM owns that codec, and should be protected by patent law.
http://news.cnet.com/news/0,10000,0-1004-200-34214 7,00.html
Thats pretty interesting since MS owns around 5 Billion dollars worth of AT&T.
I bet dollars to doughnuts they settle out of court for an 'undisclosed' amount of money.
kinda of makes it look like thier trying to funnel money from one company to another with out raising to much suspicion.
"Consistency is the hobgoblin of small minds" - RWE
Alright. I'm copyrighting the numbers 0 and 1. All your binaries, and all computers in the world are mine. Mwa ha ha.
Are you stupid?
The Pro-M$ side is winning a debate on slashdot? Time to visit the eye doctor again.
Free unix account: freeshell.org
Plan9 (and probably some other systems) do not delete data. The preferred way to run Plan9 file servers involves worm media for the storage...at least it used to, hard drives are cheap enough nowadays that you can just write to a big IDE and never delete from it.
:)
Deletes in Plan9 are similar to PostgreSQL's former concept of time travel. Deletes are logical, and, as a user, you can look at any file or directory you have access to at any point in the file or directory's history. See the bind manpage for an excellent example of this.
Yeah, it's off topic, but if you can point out that IBM should sue all OS's, I should be able to point out that all blanket statements are false.
-- The world is watching America, and America is watching TV.
"Microsoft said it had not been served with the lawsuit and could not comment."
Yeah, see, they don't even recognize the fact that it exists yet, something tells me not much is going to come out of this. But still, there's nothing more exciting than a big fight between corporations that nobody seems to like, am I wrong? Maybe once AT&T loses, they'll try to get back at microsoft by stealing their patents, and it'll start a vicious war, we'll eventually be getting blue screens of death on our cell phones and getting calls during dinner time asking us to switch to Windows ME.
spacefem.com
The article does not mention anything about which particular patent ATT is referrring to, as Bell Labs has just about every patent on earth about speech coding. However, Malvar (of M$) and his group has also contributed quite an amount to speech coding, and they would not go unnoticed. If AT&Ts claim is on a broad area clubbed as "speech compression", it should not be held valid at all. The result of this lawsuit should be of a lot of interest, specially as there are a lot of devices (portable) out there, like digital voice recorders, which use voice compression.
What I dont understand though is, why they waited for 2 years before suing!!
"Do something man. Right now."
I noticed that the article did not mention which technology was at issue. Working in telecom I know AT&T has sued companies for use of ADPCM with some success. Sad really as ADPCM is a true no-brainer...it's just the running difference between samples. So, let's see, we need to reduce voice sample dynamic range...hmmmm a signal that is basically smooth with no/few huge steps....well the differences would be smaller in magnitude (and thus take fewer bits to store)...lets check that one out! Ok, sarcasm aside, AT&T basically got this patent because...why? Well, they were basically the 1st in the problem space....certainly not for some grand insight to a problem. Although free codecs are certainly beneficial to society...I would argue that things like mp3 are not simple or obvious solutions...perhaps the basic concept is, but certainly not the research and implementation that made it a _working_ concept. Blah blah blah....what's all this mean?!? Well, I'll simply answer that with a quote from the movie, RepoMan, (while talking on a payphone...) "I..I can't understand you....I'm using a scrambler..." caio
Ive got it! Im gonna copyright math! :-)(umm... I think i just broke a copyright(smile face thing))