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TiVo Infringes On Pause Patent

Blackwulf writes: "It seems that there's a company named Pause Technologies which patented in 1992 the ability to pause live TV, play a portion of it, and then skip ahead to live TV. They are now suing TiVo for infringing on their patent. Motorola has already paid licensing fees for their upcoming PVR, and Pause Technologies is speaking with other PVR makers offering licenses to them as well. Yahoo has the story here." Pausing. Obviously, a new idea, and one worthy of patenting. I think I'm going to patent the play button.

392 comments

  1. Oh well by Guillaume+Ross · · Score: 1

    They have to make money somehow...like Rambus

    1. Re:Oh well by Anonymous Coward · · Score: 0

      I'm afraid to say anything here because Comment Technologies Corporation probably patented the process of typing replies to posts on a man-machine interface device driven by electrical impulses and delivered by means of data transmission.

      Damn, I've done it! Now the lawyers are going to be on my ass. My only hope is for Lawsuit Technologies Corporation will go after them for infringing on their patent on lawsuits.

    2. Re:Oh well by Guillaume+Ross · · Score: 1

      Where is the world going ? Next thing you know is you'll get sued for farting.

    3. Re:Oh well by deepvoid · · Score: 1

      Actually, in California you can be. There you can be sued for just about anything. All it takes is a lawyer who is willing to take the case and a target with deep pockets. I've been sued a few times; every suit was deemed frivilous, but the judge let it go to trial anyways. If you get a jury who sympathises with the plaintif, (usually due to class envy tactics), then you can count on shelling out, though if you have lots of money do not under any circumstances let the judge decide (he's a lawyer too, and looks out after his brothers) Luckily I was able to defend myself since none of the cases were factually based (though that is no longer a criterion anymore either). Remember, the lawyer you retain probably golfs with the lawyer who is suing you, and they likely connived to drum up the mutual business anyways. One lawyer in town is hungry. Two in town are open for business.

      I hope TiVo manages to defend itself, since VCR's have been able do the same function for years (though at a slower speed)

      Sounds like prior art to me.

      --
      Fast machines, powerfull AI, impulsive invention,... All I lack is a good espresso machine!
    4. Re:Oh well by Anonymous Coward · · Score: 0

      You claim that VCR's exist that letyou watch live TV, pause it, then pick up where you left off, gradually fast-forwarding until you get back to real-time viewing?

      You're wrong.

    5. Re:Oh well by Guillaume+Ross · · Score: 1

      When I was in Ocean City MD this summer I noticed that there was a law office every corner, while here in Montreal they're quite hard to find...

    6. Re:Oh well by Bitsy+Boffin · · Score: 1

      VCR's can NOT do this... the way I see it at least.

      What they seem to have a patent on is the ability to pause live-tv, then continue playing it later, possibly while the live-tv is still live - i.e time shifting the TV within the period that the TV is still playing.

      VCR's are limited to pausing the TV, and playing the TV back AFTER the completion of the TV program (i.e substitute "pause" for "press record" and "continue play" by "press stop, press play").

      I'm not saying wether the patent is justified or not (that probably depends wether this is a trivial idea or not, grey area I suppose), just that VCR's don't infringe on the patent and are not evidence of prior art.

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    7. Re:Oh well by deepvoid · · Score: 1

      When I was in Switzerland in 1980 a VCR from Japan could pause live tv just fine. I know because my land lady had one and would pause the commercials. Video editors at studios can pause live input from various sources too, without nuch difficulty.

      --
      Fast machines, powerfull AI, impulsive invention,... All I lack is a good espresso machine!
    8. Re:Oh well by deepvoid · · Score: 1

      If you search the relevant documentation, studio betamax VCRs had an input shuttle feature which could do just that. VHS and betmax duked it out and the consumer was left with an inferior product.

      --
      Fast machines, powerfull AI, impulsive invention,... All I lack is a good espresso machine!
  2. ATI All In Wonder by GigsVT · · Score: 3, Interesting

    Does this mean that ATI is also infringing on the patent since their All In Wonder cards come with software that allows you to pause live TV?

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    1. Re:ATI All In Wonder by rsborg · · Score: 2, Informative
      Does this mean that ATI is also infringing on the patent since their All In Wonder cards come with software that allows you to pause live TV?

      Perhaps not... the patent makes very direct references to the use of a "circular buffer" using "digital memory"... specifically,

      "Subsystem comprising the combination of a semiconductor RAM memory and a disk memory operated under the control of a microprocessor such..."

      Since the All-in-Wonder does not use disk memory, I doubt they could be targetted by this patent.

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    2. Re:ATI All In Wonder by Anonymous Coward · · Score: 0

      I wonder... when did they come up with that feature?

    3. Re:ATI All In Wonder by GigsVT · · Score: 3, Insightful

      "Subsystem comprising the combination of a semiconductor RAM memory and a disk memory operated under the control of a microprocessor such..."
      Since the All-in-Wonder does not use disk memory, I doubt they could be targetted by this patent.


      Now, I don't know for sure, but I believe that the ATI method does use "a combination of semiconductor RAM and disk memory".

      THe length of time you can pause it is limited by the hard disk you tell it to use... so I know it is writing out to disk, and i'm sure that it is buffering it in RAM before writing it, so I think it's exactly what the patent says.

      --
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    4. Re:ATI All In Wonder by nhavar · · Score: 2

      actually it does use the disk.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    5. Re:ATI All In Wonder by Anonymous Coward · · Score: 0

      It was after TiVO... I think.

    6. Re:ATI All In Wonder by Anonymous Coward · · Score: 0
      wow you think it does. You don't know for sure, but you think it does.

      Such insight, so valuable, so worth posting at +2 and making me want to browse at threshold level 3.

      Let me guess, you have carpal tunnel syndrome and or are a very very busy person who cannot be bothered to click the fucking check box and post without the bonus when you have jack shit to say that's actually important.

    7. Re:ATI All In Wonder by Trem · · Score: 1

      That sounds like a queue. Wait, they patented a data structure? What's next, someone going to patent the stack?

    8. Re:ATI All In Wonder by dfung · · Score: 1

      Well, ATI's disk recorder came out after TiVO, but it's not like the idea of a hard drive video recorder was TiVO's. Been around "forever" (more than a decade) in pro gear, and has been the standard for video editing for at least 8 years now.

      TiVO's "thing" was that they (and ReplayTV) were the first consumer-targeted appliances that had this capability.

    9. Re:ATI All In Wonder by seann · · Score: 0

      too bad he didn't mention the "reply tv" option the ATI software has

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    10. Re:ATI All In Wonder by ebh · · Score: 1
      Subsystem comprising the combination of a semiconductor RAM memory and a disk memory

      So they'd be OK if the buffer were made of core memory? I've got some old core planes; might be an interesting hack...

  3. Not a patent on "Pausing" by Mwongozi · · Score: 5, Interesting
    Come on Hemos, this isn't a patent on pausing. It's a patent on the concept of freezing a live feed and buffering the incoming picture, and then continuing to play a time-delayed picture.

    Worthy of a patent, methinks.

    1. Re:Not a patent on "Pausing" by Anonymous Coward · · Score: 0

      Patenting a "concept"?

    2. Re:Not a patent on "Pausing" by Anonymous Coward · · Score: 1, Interesting

      Yes, definately worth patenting. This is the type of thing patents were DESIGNED for. Someone came up with this idea a long time ago, figured out how it was possible, described it and patented it. Now that others have implemented it, it is time for the patent owner(s) to reap the benefits. Seems like a legit lawsuit to me. TiVo needs to pay up - along with ATI, Replay, and anyone else developing pause-live-broadcast technology.

    3. Re:Not a patent on "Pausing" by seann · · Score: 0

      are you being sarcastic, or do you actually think that is patent worthy?

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    4. Re:Not a patent on "Pausing" by Triple+D · · Score: 2, Funny

      Now if we could only pause live human interaction and then listen to the relevant parts, ie: your boss, or significant other as they ramble on...

    5. Re:Not a patent on "Pausing" by Guillaume+Ross · · Score: 1

      I think it is worthy of patent actually. It's a great concept.. BTW: Anyone knows if the TiVO-like device Bell ExpressVU sells in Canada has commercial-skipping capabilities? (I'd be surprised...)

    6. Re:Not a patent on "Pausing" by Coniine · · Score: 2, Insightful

      Excuse me, please explain how it is different from a tape delay used by censors prior to the introduction of digital systems. The tape is a memory buffer, you can place heads at different locations along the tape stream to get live and delayed feeds. It just looks obvious to me and I'm not unusually skilled in the art of video systems.

    7. Re:Not a patent on "Pausing" by bonch · · Score: 0

      "Come on Hemos, this isn't a patent on pausing. It's a patent on the concept of freezing a live feed and buffering the incoming picture, and then continuing to play a time-delayed picture."

      What you just described, sir, is what we in the technical field of TV and movie watching would call "pausing."

    8. Re:Not a patent on "Pausing" by rfsayre · · Score: 3, Interesting
      Worthy of a patent, methinks

      I can't imagine that this type of technology didn't exist in newsrooms and other parts of tv networks prior to 1992.

    9. Re:Not a patent on "Pausing" by TheCarp · · Score: 5, Interesting

      Excuse me?

      Patents were designed so that you could come up with an idea, sit around with yout thumb up your ass for years until someone else comes up with the idea and actually DOES something with it, then sue them for money?

      Funny, and I thought patents were designed to give inventors a limited monopoly to encourage them to publish ideas, rather than keeping them as trade secrets. So you could make money selling your own product, or licensing it to someone who can.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    10. Re:Not a patent on "Pausing" by Anonymous Coward · · Score: 0

      "licensing it to someone who can"
      That's exactly what they intend to do. Just because TiVo went behind their back (or didn't do the patent research they should have) and didn't license the patent before developing and distributing is NOT the fault of the patent owner.

    11. Re:Not a patent on "Pausing" by drxyzzy · · Score: 1

      Right. Pausing a video stream is completely new, novel, and deserving of massive riches to the first person to dash to the USPTO with the idea. What ever will they think of next? Pausing video on two streams at once? Pausing motorized signs in the supermarket? It boggles the mind.

      For sheer technical wizardry and scientific creativity this may even surpass one-click-shopping, right-click-save-as, multiple-overlapping-text-windows, and byte-ordering patents already on record.

      Yup, our economy sure needs more of this kind of ingenuity. All you rabid anti-patent ranting radicals just back off! The business of this country is business...

    12. Re:Not a patent on "Pausing" by Spy+Hunter · · Score: 2
      Worthy of a patent, methinks.

      I don't think so! To me it seems like a logical extension of using a computer to capture a video stream.

      The problem with these patents is that opinion differs on how obvious these things are. If only there was a way to determine if an infringer actually came up with the idea independently, we could avoid these kinds of dumb patent suits.

      --
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    13. Re:Not a patent on "Pausing" by Anonymous Coward · · Score: 0

      It's from 1992, before this was technologically feasible.

    14. Re:Not a patent on "Pausing" by drinkypoo · · Score: 1
      Come on Hemos, this isn't a patent on pausing. It's a patent on the concept of freezing a live feed and buffering the incoming picture, and then continuing to play a time-delayed picture.

      I admit I haven't read the patent, but this is only significant if it's a patent on pausing while continuing to record, and even then, only if you're continuing to record to the same media, because that's what PVRs do.

      If it's just a patent on pausing a "live feed" (which none of these devices do; They pause a recording of a live feed. This is an important distinction no matter how pedantic you find it) and buffering the incoming picture, well, this is less than impressive. You can always buffer to a seperate recording. PVRs buffer to the end of the current recording. I'd personally argue that if they don't specify whether or not it goes to the same recording, let alone the same media, that's a big enough hole in the patent.

      --
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    15. Re:Not a patent on "Pausing" by MushMouth · · Score: 1

      I can do it with 1992 technology pretty damned easily. It would cost more than consumers are willing to pay, but not that much more.

    16. Re:Not a patent on "Pausing" by ichimunki · · Score: 3, Insightful

      But it's not really a patent on a specific hardware implementation of the idea. It's a patent on the idea. Which is just too vague. The idea I have of patents is that they provide protection for implementations, not ideas (just like copyright protects actual works, not classes of works). I'd get into the "or otherwise you could patent stuff like..." debates, since it's obvious the USPTO no longer knows or cares what it is granting patent status on. Or they are specifically interested in making sure that business continue to pay the exorbitant patent fees for any and every idea that a business can reasonably describe in a patent application, whether or not the business actually implements those ideas.

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    17. Re:Not a patent on "Pausing" by KyleCordes · · Score: 1

      [What ever will they think of next? ]

      Maybe they'll think of pausing live video on the internet. Now that would surely be worth of a (seperate) patent. ;-)

    18. Re:Not a patent on "Pausing" by dup_account · · Score: 2, Interesting

      Which is exactly the problem with patents. I think that if TiVO can show that they created this idea without knowing about the patent (which doesn't sound hard as it sounds like the "pause" company was sitting on it) that they should be able to get a co-patent (or something) on the idea.

      I agree with the guy who indicated that it seemed like the company patented everything it could think of in hopes that someone else would do something useful, and then jump on them.

      Maybe we need a system where if the patent isn't applied (or activily trying to apply) it, then after a limited time it automatically expires (to prevent this type of squatting)

    19. Re:Not a patent on "Pausing" by harlows_monkeys · · Score: 2, Interesting
      I think that if TiVO can show that they created this idea without knowing about the patent (which doesn't sound hard as it sounds like the "pause" company was sitting on it) that they should be able to get a co-patent (or something) on the idea.


      The normal product development process in every technological industry except software includes a search of patents to see if anyone else has already had your idea. Whoever thought of TiVO may have been unaware of this prior work when he or she conceived TiVO, but they almost certainly found out about the patent early in the development process. At the very latest, they would have found it when they were applying for their own patents.


      Remember, for most fields, you cannot "sit" on a patent, in the sense of hiding it from people. You can only do so with software patents because they are not well classified.

    20. Re:Not a patent on "Pausing" by pmc · · Score: 2

      Maybe they'll think of pausing live video on the internet. Now that would surely be worth of a (seperate) patent. ;-)

      Nah - a method of having live video not pause on the internet would be a winner.

    21. Re:Not a patent on "Pausing" by lazn · · Score: 1

      You are not allowed to patent "concepts" only mechanisms.

      thus this patent suit is bunk.

      Motorolla just decided it was cheaper to pay them off rather than fight them in court.

    22. Re:Not a patent on "Pausing" by Miguelito · · Score: 1

      The normal product development process in every technological industry except software includes a search of patents to see if anyone else has already had your idea.

      Yeah, but look at the Pause tech site.. from what I can see there, they haven't done a damn thing, other then patent something that I'll bet at least a 1/2 dozen other companies were thinking of at the same time. It looks like they didn't intend to do anything with the patent, other then grab it first, and use it to sue companies that actually made something with the idea work... After letting those companies take the actual risk to market something, and then make money off of it.

      I have no problem with basic patents when a company is actually intending to use it, and/or it's actually original. But it didn't take a genius to figure out the whole concept of PVRs for TVs, and being able to pause live TV.

      These guys just look like a bunch of leeches who are using loopholes in patent law to suck money away from companies that are actually making products.

      --
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    23. Re:Not a patent on "Pausing" by mpe · · Score: 2

      The problem with these patents is that opinion differs on how obvious these things are.

      This is a good reason for having patent applications reviewed by people who at least know enough about the field in question not to be confused by "technobabble", let alone deliberate attempts of obscuration.

    24. Re:Not a patent on "Pausing" by decade_null · · Score: 1

      But it's not really a patent on a specific hardware implementation of the idea. It's a patent on the idea.


      No, it is not a pantent on an idea. It's a patent of an implementation that is described in as broad terms as possible. (so that it covers as much as possible, but is not nullified by previous art).


      I am not sure if stuff like this should be protected by patents, but there really is nothing extraordinarily stupid about this particular patent. The patent office is full of stuff like this. Perhaps the patent rules have gotten a bit out of date (here in 21st century people are generally more educated than ever before and information is flowing freely in the internet, large companies are collecting vast pantent libraries of pretty trivial stuff to use as leverage against competition, etc.), but under current rules that patent is perfectly valid.

    25. Re:Not a patent on "Pausing" by ichimunki · · Score: 2

      It's not a patent on an implementation if the description is broad. It's a patent on a class of implementations, i.e. an idea. I realize this is a commonplace patent currently. Sadly, given our current government's attitude on "intellectual property", I don't think we're going to see this improved. And admittedly it's hard to improve it, how do you protect idea people and plans for unimplemented inventions without this sort of thing slipping through?

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    26. Re:Not a patent on "Pausing" by jeff-wb8wka · · Score: 2, Informative

      It did. I and another fellow (w8kox) wrote a commodore 64 program to do 30 minute tape delays of Piston basketball games back in 1986 at the local UHF station (WKBD). Used 3 one inch tape machines all controlled via the commodore par port.

    27. Re:Not a patent on "Pausing" by Anonymous Coward · · Score: 0

      I'm curious if you read the patent before posting that.

    28. Re:Not a patent on "Pausing" by topham · · Score: 2

      The patent is NOT perfectly valid. As others have pointed out similar systems existed in the broadcast industry for years. Doing via analog that which we can now do by digital. The difference is hardly significant. The obviousness of a patent is also NOT applied to a lay person, but rather is supposed to apply to people with a similar background. So, while to your grandmother it may not have been obvious, the idea itself was obvious. (Who hasn't wanted to stop a tv broadcast to continue it when they return without missing anything, and without waiting for the recording to complete.) A method of implementing this was obvious well before 1992, the equipment to make it feasable to do in the home, well, that IS another story all together. But getting the patent didn't and doesn't require it actually be feasable. It should. It used to require a working model, as such would have prevented most of the stupid patents from the last 10 years.

    29. Re:Not a patent on "Pausing" by Enahs · · Score: 2
      Which is exactly the problem with patents. I think that if TiVO can show that they created this idea without knowing about the patent (which doesn't sound hard as it sounds like the "pause" company was sitting on it) that they should be able to get a co-patent (or something) on the idea.



      Yup. I had this weird idea of doing non-destructive video compression a while back, and when all was said and done, I did a search of abstracts and at least two things I came up with on my own were patented by Thompson.



      It's getting fucking ridiculous. The problem isn't really patent-squatters; in that respect, the system is actually working "as advertised." The problem is that patent offices push through anything with sufficient technobabble (like the aforementioned pausing-of-live-tv concept.)

      --
      Stating on Slashdot that I like cheese since 1997.
    30. Re:Not a patent on "Pausing" by schtum · · Score: 1
      ...this isn't a patent on pausing. It's a patent on the concept of freezing a live feed and buffering the incoming picture, and then continuing to play a time-delayed picture.

      Replace "freezing" with "pausing", which is what you mean, and "buffering" with "recording", which is all it is, and you're defending a 1992 patent on pausing recorded video.

    31. Re:Not a patent on "Pausing" by armb · · Score: 1

      > I'm curious if you read the patent before posting that.

      I'm not. Since the patent specifies mechanism, it's obvious he hadn't.

      --
      rant
    32. Re:Not a patent on "Pausing" by The_Rook · · Score: 1

      TheCarp said:
      "Funny, and I thought patents were designed to give inventors a limited monopoly to encourage them to publish ideas, rather than keeping them as trade secrets. So you could make money selling your own product, or licensing it to someone who can."

      not anymore. the supreme court decided that only lawyers had the training to determine whether a product was infringing on a patent. since the penalties for infringing on a patent are greater if it's done willfully, engineers are no longer allowed to look at patents. if they did, then anything they make afterward could be construed as a willful patent violation.

      --
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  4. Altavista... by tsmit · · Score: 1

    Does CMGi own a portion of this company also?

    --
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  5. How to fail the "obviousness test" by Anonymous Coward · · Score: 0

    I can't imagine how this could stand up in court. When I first read about the Tivo a few years ago and learned that it had a "pause live TV" feature, I immediately knew that this was how it worked.

  6. Prior Art by FFFish · · Score: 2, Funny

    Hey, I remember using this patent back when I was a kid, looooong before this "Pause Technologies" patented the idea.

    It was called blinking.

    Pretty simple technology, really: (A) Look at scene. (B) Close eyes. Brain continues to recall scene, effectively pausing the action. (C) Open eyes. Live action playback is resumed.

    Ah, if only I'd known that this was such an innovative idea, I'd have patented it back in '72. Coulda been a billionaire by now -- those VCRs wouldn't be nearly as useful without frame-by-frame playback!

    --

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    1. Re:Prior Art by blazin · · Score: 1

      "Hey, why's the pause button broken on your VCR Drew?"

      "Um, for replaying sports.... Yeah, sports..."

  7. Idiots please post under this thread... by pergamon · · Score: 4, Insightful

    Please post all "I think I'm going to patent [insert obvious commonly used everyday thing here]! hehehe! Aren't I clever!" type posts under this thread so they they can be summarily ignored.

    1. Re:Idiots please post under this thread... by gid · · Score: 1

      I'm gonna patent "thinking" it's sure as hell is non -obvious to a lot of people. :)

    2. Re:Idiots please post under this thread... by Anonymous Coward · · Score: 0

      I think I'm going to patent posting a comment asking to post comments under a thread! hehehe! Aren't I clever!

    3. Re:Idiots please post under this thread... by rkischuk · · Score: 2, Insightful
      Please post all "I think I'm going to patent [insert obvious commonly used everyday thing here]! hehehe! Aren't I clever!" type posts under this thread so they they can be summarily ignored.

      They wouldn't be so "clever" if it weren't for the fact that the U.S. Patent office has a growing track record for patenting stupid things that ARE obvious and everyday. It's absolutely absurd that there's only one place I can go on the web and purchase with one click (not that I really want to, but on principle...) because Amazon.com has been granted a patent. It's unreasonable, and brings out a bitter reaction because who knows if our company's next? Take it one step further - is 2-click purchasing worth a patent? What about 3 or 4?


      If this patent is enforced consumers will either have less functionality in their PVR's or face higher prices because this company was granted a patent for an obvious idea.

      --
      Seen any BadMarketing lately?
    4. Re:Idiots please post under this thread... by Quasar1999 · · Score: 2, Funny

      Well, I definetly qualify as an idiot... but what to patent??? hmmm...

      How about patenting the art of patenting stupid patents...??? I'll be rich!!!

      --

      ---
      Programming is like sex... Make one mistake and support it the rest of your life.
    5. Re:Idiots please post under this thread... by Delirium+Tremens · · Score: 1

      Won't hold. There is a lot of prior art on that one...

    6. Re:Idiots please post under this thread... by Anonymous Coward · · Score: 0

      I think will patent karma whoring techniques such as -

      Proactive Troll Prediction:
      The attempt to stop trolls before they start by giving summaries of redundant or obvious posts that are likely to occurs.

      Linux Interconnection:
      The relating of stories and topics to linux when possible citing how well Linux works in enviroment X or how well it could work in enviroment Y.

      Feature Solicitation:
      The listing of a variety of features that a product should have too make it more appealing. This also works together with the previous item. Example (Well it would really be cool if it could run linux etc.)

      Extreme Linkage
      The linking to large numbers of sites that have a moderate to small amount of relevence to the topic being discussed.

    7. Re:Idiots please post under this thread... by BroadbandBradley · · Score: 2

      in the future, there'll also be a loop button, press once at begining of scene, and again at the end and just that part will loop.
      I just need to work out the license terms.

    8. Re:Idiots please post under this thread... by jekk · · Score: 1

      I think I'm going to patent ignorable threads!

    9. Re:Idiots please post under this thread... by Anonymous Coward · · Score: 0

      I'm going to patent posting a dedicated offtopic thread in slashdot forums!

    10. Re:Idiots please post under this thread... by pmc · · Score: 2

      Well, I'm going to patent prior art. Yes, I'll be rich!!!!

    11. Re:Idiots please post under this thread... by hypergreatthing · · Score: 1
      hey, I copywrited that remark ->(I think I'm going to patent [insert obvious commonly used everyday thing here]! hehehe! Aren't I clever!).

      You'll be hearing from my lawyer!

    12. Re:Idiots please post under this thread... by Anonymous Coward · · Score: 0

      "the U.S. Patent office has a growing track record for patenting stupid things that ARE obvious and everyday"

      You know, in retrospect, things like the steam engine are pretty damn obvious, so much so that a child can understand the concept. Yet such things have always been patentable. Furthermore, refinements on existing concepts (such as a more efficent steam engine) have also always been patentable.

      90% of the discussion here isn't about the patent system as it stands or this particular patent -- it's about people's own ideas for a utopian patent system.

    13. Re:Idiots please post under this thread... by Anonymous Coward · · Score: 0

      lol

    14. Re:Idiots please post under this thread... by SLOGEN · · Score: 1

      I thought of patenting writing a patent application ;)

      --
      SLOGEN [ http://ungdomshus.nu : Sebastian cover music]
  8. I wish... by jayhop · · Score: 0, Offtopic

    that I could pause the time so I can have planty of time to finish the first post.

    Pause... Now!

  9. Small difference by jmccay · · Score: 3, Redundant

    "Pausing. Obviously, a new idea, and one worthy of patenting. I think I'm going to patent the play button. "

    The patent was on puasing a LIVE TV stream. That would involve buffering on some end to keep the stuff that normally would get lost in a live one way feed like most tv signals.

    --
    At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    1. Re:Small difference by seann · · Score: 0

      this is like shoutcast
      shoutcast, when you press pause, pauses at that current time, and you can resume by pressing play.

      --
      I'm a big retard who forgot to log out of Slashdot on Mike's computer! LOOK AT ME.
    2. Re:Small difference by Anonymous Coward · · Score: 0

      Ya, you're right, I'd have never thought of something so radical in 100,000,000 years.

    3. Re:Small difference by marxmarv · · Score: 2
      The patent was on puasing a LIVE TV stream. That would involve buffering on some end to keep the stuff that normally would get lost in a live one way feed like most tv signals.
      We called this a FIFO since well before the Reagan Era. All that's particularly novel is the application (and the availability of appropriately sized FIFOs).

      I guess the trick is to patent whatever costs $5k to put in a box today, because it'll cost about $100 within ten years.

      -jhp

      --
      /. -- the Free Republic of technology.
    4. Re:Small difference by Anonymous Coward · · Score: 0

      Well then, I'll patent playing a LIVE TV stream. It makes so much more sense when I write it in all caps!

  10. Please explain something to me by Anonymous Coward · · Score: 0

    How in the world did companies ever make money before we were able to patent things like pausing videos? I mean, what incentive would there be to bring anything to market at all? I'm amazed we ever made it thru the industrial revolution. Patents rock!

  11. Sue Sony by crumbz · · Score: 0, Troll

    Unless there is some real-time aspect or specific digital technology at issue here, I don't see them winning this one. Who knows? Screw it, I don't use Tivo anyway. Why watch TV when you can program an old Apple //c?

  12. They can't have invented this.... by mblase · · Score: 3, Interesting
    A broadcast recording and playback device employing a "circular buffer" which constantly records one or more incoming audio or video program signals and a microprocessor for accessing the memory to read a playback signal from the circular buffer to display programming material delayed from its receipt by a selectable delay interval. The circular buffer is implemented by a digital memory.

    Doesn't that describe a very common and straightforward buffer, such as the kind that have been employed in portable CD players for years now?

    1. Re:They can't have invented this.... by GigsVT · · Score: 3, Interesting

      Yeah it's a normal FIFO buffer. Have you ever read the patent database over at IBM? There are so many hundreds of patents that overlap each other it's not funny.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:They can't have invented this.... by haslup · · Score: 2, Interesting

      Isn't it a bit different that the live TV stream keeps going and keeps filling the buffer? When it gets to the "end" of the buffer (30 minutes for Tivo, I believe), it "pushes" you along and moves the buffer ahead to keep recording the stream. I don't think a buffering CD player (or MP3 player) does that since it's not really a "live" stream...

      Not having seen the patent I can't be sure, but just from the blurb from slashdot it seems patentable. Surely Tivo knew about it...? Does Tivo have any patents?

      jason

    3. Re:They can't have invented this.... by Anonymous Coward · · Score: 0

      Apparently TiVo has a lot of patents. But I don't think they have many patents from 1992.

    4. Re:They can't have invented this.... by kevinank · · Score: 1
      Live data buffering is how all circular buffers are used. It is the same as in the TCP windowing buffer implemented 30 years ago. Taking that well known type of buffer and applying it to video is brutally obvious. Network streaming video like that of the Real Video client does the same thing.

      I find it disappointing; it is a straight forward implementation of a problem. No insight, nothing new.

      --
      LibBT: BitTorrent for C - small - fast - clean (Now Versio
    5. Re:They can't have invented this.... by blair1q · · Score: 2

      I think they owe the guy who invented 7-second-delay a *lot* of money.

      --Blair

  13. It was probably new 9 years ago by wiredog · · Score: 5, Insightful

    How many of us saw the Tivo pause function and said "Hey! That's a great idea!" because we had never thought of it? In 92 pausing live TV was probably novel and non-obvious.

    1. Re:It was probably new 9 years ago by Anonymous Coward · · Score: 4, Insightful

      They took a common technique, "circular buffering", and applied it to a new "problem." I don't think that's worthy of a patent. They didn't invent the technique, and it was an obvious solution to the problem at hand. The only thing they did do was decide that people might want such an ability in the first place, and decide to market a device for that purpose.

    2. Re:It was probably new 9 years ago by mmacdona86 · · Score: 1

      Except the patent holder did not market the device.

    3. Re:It was probably new 9 years ago by Harbinjer · · Score: 0
      No, it really was pretty obvious. I wished I could do that since we got our first VCR, but I didn't have the technical know-how to implement it back then.

      I think that TIVO shouldn't have to pay him anything. He created that patent, sure, but didn't know how to make it work well, as in marketable. Tivo actually made it to market, and I doubt that they stole the idea from him. The idea of patents is to not have to worry about competition steal or reverse engineer your product to sell their own. This guy didn't have a product to sell based upon his creation, and just because someone had the same idea years later, but actaully build a product around it, doesn't give him the right to sue them.

      That seems just to me, of course it seems that many courts gave up justice for technicality years ago.

    4. Re:It was probably new 9 years ago by Your+Anus · · Score: 0

      This is the way most closed-circuit security systems work, like the ones in banks and 7-11's. They record in a loop, and they keep the last 30/60/90 minutes in case they need it to examine a robbery for suspects. If the recording isn't stopped, then a new feed records over the old. The "black boxes" or airlines also function this way, depending on your definition of "live feed."

      --

      In the USA, we like stuff watered down, like beer, television, and freedom.
    5. Re:It was probably new 9 years ago by Cryogenes · · Score: 2, Insightful
      So, maybe it was novel 9 years ago. But today, every engineer, even one who never heard about TiVo or All-in-Wonder cards could easily devise a solution for this task.

      Patents should awarded for ingenious solutions, not for first posts.

      Cryogenes

    6. Re:It was probably new 9 years ago by Anonymous Coward · · Score: 0

      Would be nice if the patent application requires a working hardware or system demonstration for a peer review.

    7. Re:It was probably new 9 years ago by mpe · · Score: 2

      They took a common technique, "circular buffering", and applied it to a new "problem."

      Except that the technique had already been applied to live video streams for decades. For such things as "Instant replay" of sporting events, profanity delays, etc.

    8. Re:It was probably new 9 years ago by TWR · · Score: 2
      The entire definition of a patent might be "first post."

      When Bell patented the telephone, Elisha Gray tried to patent his telephone a few hours later the same day (see http://www.uh.edu/engines/epi1625.htm for details).

      Both might have been ingenious, but I can see the spiritual anscestors of /.ers saying, "talking at a distance? Bah! I've been yelling on mountaintops for years!"

      -jon

      --

      Remember Amalek.

    9. Re:It was probably new 9 years ago by Guignol · · Score: 1

      No it was not. (novel and non-obvious)
      I'm sorry I can't find reference of it, but I saw (in France) a modified VCR that allowed to do just that.
      It was implementing mechanicaly a buffer with at most 30 minutes capacity to pause live video.
      The modified VCR was presented in a somewhat funny show, and was limited to this use (not working as a regular VCR) if I remember correctly, and was presented as a funny device to let you pause your favorite show while you could, say, go to the bathroom.
      (none of the (few) channels was cutting any movie with ads at this time (not even once) so it was a bit more useful than it may sound, although it remains of very little use)
      Anyway I never saw the device ready to buy anywhere, but the point is, the idea is obvious.
      So we had, previous implementations of the technique (buffer)
      and previous implementations of the idea itself (though using a somewhat different technique)
      This patent shouldn't exist.

    10. Re:It was probably new 9 years ago by unitron · · Score: 2

      Wasn't that the way it used to be? Isn't it time to go back to that system?

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  14. Wish I'd patented "Idiots making ... by phawley · · Score: 1

    ...Sweeping Generalizations"! If so, I'd have some papers on their way to /. right now. ;)

    That comment was so silly, Hemos, I first assumed that Cmdr "Rob" Taco had posted it!

  15. typical slashdot crap by Anonymous Coward · · Score: 0

    typical slashdot nonsense. they didnt patent "pausing," they patented "pausing live television." but it plays out better to the anti patent weenies when you mistate the facts.

    1. Re:typical slashdot crap by Anonymous Coward · · Score: 0

      Mis-stating the actual facts in order to attract viewership who will be forced to view the advertisements tacked on to the content? I should patent that and sue CNN!

  16. Yeah? well... by Coniine · · Score: 1

    I have a patent pending on a conditional execution control in a digital computing device. You'd better think twice before you type if(){;}else{;} or my lawyers will be coming after you.

    And that includes switch constructs too.

    1. Re:Yeah? well... by pmancini · · Score: 1

      Your patent infringes on my Loop-Until-Condition Patent. You are trying to be overly competitive and your patent is cancled by my Do-Until patent. I Triple Dare your lawyers to fight it out with mine!

      I hate patents - they are such obvious bullshit when applied to software and non-mechanical systems.

      I think I will patent the toilet flush lever and chain and target the offices of these buggers. Oh they can still use the toilet but it's gonna cost them to flush it.

  17. Anger. by bl1st3r · · Score: 0, Redundant

    This kind of thing makes me mad. How can anyone patent everyday ideas. I think I am going to go patent the idea of having a electronics switch in a simple circuit between the power source and a light source. I will call it a light switch.

    Talk about dumb. I hope TiVo takes them to court and kicks their asses.

    --
    hrrm.
  18. New Patent rules! by Quasar1999 · · Score: 1

    I think there should be a new patent rule... if you can't demonstrate what you wish to patent, then you should not be granted the patent...

    Otherwise I can sit here and patent the next 400 gigahertz chip, and when Intel/AMD make it there, can claim that I hold a patent on a silicon chip running at that speed, so pay up... How does this work???

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:New Patent rules! by Anonymous Coward · · Score: 0

      This sort of thing actually came up many years ago when I was a graduate student.

      The upshot of this is that, for example, you don't have to have a rocket on the launching pad to be able to patent it.

    2. Re:New Patent rules! by Quasar1999 · · Score: 1

      Perhaps having to provide a technically viable solution, not actually built, but buildable at the time of the patent application should be required. Hypothetical fantasy crap should not be patentable... IMHO anyway...

      --

      ---
      Programming is like sex... Make one mistake and support it the rest of your life.
    3. Re:New Patent rules! by Anonymous Coward · · Score: 0

      I believe you are generally required to have a working model for just the reason you point out. Any patent attorneys here?

    4. Re:New Patent rules! by snubber1 · · Score: 1

      Sorry, all you have to file with the USPO is paperwork (and money). They used to require working prototypes with submission but eventually were unable to manage all the inventions, thereby dropping the requirement.

      --
      I don't really mind double posts on //..
    5. Re:New Patent rules! by unitron · · Score: 2
      At one time you did have to have a rocket on a launching pad in order to be able to patent it.

      Arthur C. Clarke wrote a short story back in the fifties or sixties about how back in the thirties or forties he came up with the idea of geosynchronous orbit communication satellites but since neither the satellites nor the rockets sophisticated and powerful enough to deliver them to orbit existed at the time, his application was denied, and by the time the technology existed he was out of luck because by that time the idea was considered "obvious".

      Slightly offtopic, but around the same time he wrote another (supposedly fictional) short story entitled "I Remember Babylon" about a Chinese Communist plan to have their own version of Telstar which would beam regular VHF or UHF television signals down to North America with programming designed to influence us into becoming a weak and degenerate society. A lot of the programming he described then sounds a lot like a lot of what is being shown now. Well worth reading if you run across it somewhere. (I think it's in "The Nine Billion Names of God" anthology.)

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    6. Re:New Patent rules! by Dyolf+Knip · · Score: 2

      They used to require working prototypes with submission but eventually were unable to manage all the inventions, thereby dropping the requirement

      The Patent King, Jerome Lemelson, made fortunes off that. He had hundreds of patents and he kept them active for decades by make updates to them which 'resets' the clock on the patent expiration. In the 50's he patented "hooking up a video camera to a computer" and one of his last acts before he died was to bring suit against anyone selling laser-barcode readers as infringing on that patent. The USPTO actually changed a number of their regulations just to keep people like him from being able to do so much damage.

      The wierd thing is that doing a search on him on Google yields a surprising number of "Jerome Lemelson, a tribute to American ingenuity", which is actually pretty accurate, just not the way they think. He spent the better part of his life making Rambus look like amateurs.

      --
      Dyolf Knip
  19. Why did they wait so long? by Dead+Fart+Warrior · · Score: 0

    Why did they wait so long to file the lawsuit?

    I can think of two reasons:
    1.) Waiting until TiVo has plenty of money to get the most outta them.
    2.) The bad economy has required them to find outside revenue.

    I think its a combination of the two.
    That alone should show it doesn't hold much water.

    --
    Quality straight pr0n goes here
    1. Re:Why did they wait so long? by Jethro73 · · Score: 2

      Unfortunately, TiVo is not doing any better than anyone else right now (capital-wise) and cannot afford to throw any change at these monkeys. I am a lifetime subscriber, and would HATE it if TiVo disappeared as a result of a lame-ass patent lawsuit such as this.

      This better not be a nail in their coffin...

      Jethro

      --
      Quidquid latine dictum sit, altum viditur.
    2. Re:Why did they wait so long? by Washizu · · Score: 3, Informative
      >Why did they wait so long to file the lawsuit

      I wondered the same thing, but after reading the article it says (bold face put in by me):


      "The infringed patent, U.S. Patent RE 36,801 (http://www.pausetechnology.com/patent.html), the ``Pause Patent,'' was originally filed in 1992 and issued in 1995. In 1996, a re-examination was requested, and on August 1, 2000 the patent was reissued by the Patent Office with the same filing date and additional claim coverage.

      TiVo was notified on April 4th, 2000 and again on May 23, 2001 that it was infringing on the patent and an offer to discuss licensing terms was extended."

      So they didn't exactly sit on it for 9 years and then all of a sudden slam TiVo with a lawsuit. I think TiVo's going to have to cough up the fees.
      --
      OddManIn: A Game of guns and game theory.
    3. Re:Why did they wait so long? by sealawyer · · Score: 1

      "So they didn't exactly sit on it for 9 years and then all of a sudden slam TiVo with a lawsuit."

      Nope. It looks like they squatted for a mere five years rather than 9. Of course, you'd have to look at the original patent to see if the claims would have covered TiVOs implementation.

  20. Pardon? by Anonymous Coward · · Score: 0

    I thought patents where meant to protect "non-obvious" solutions to problems.

    1. Re:Pardon? by Anonymous Coward · · Score: 0

      It is non-obvious now, but probably one of those "holy shit" ideas back in 1992, which makes it worthy of patenting. Just because a whole industry has grown up around the idea, doesn't instantly make it "obvious" and non-enforcable.

    2. Re:Pardon? by alen · · Score: 1

      We'll if it's so obvious then why didn't anyone implement it before they made it up?

    3. Re:Pardon? by Anonymous Coward · · Score: 0

      Lack of a market at the time? Lack of need? Lack of funds to develop it? Any number of other reasons...


      Really though, this sort of thing has been done with computers for years and years. It is an obvious solution. If there was some technical hurdle to overcome along the way, perhaps their solution to that might be patentable, but not the idea of buffering.

    4. Re:Pardon? by mmacdona86 · · Score: 1

      It's obvious enough that a lot of different people did implement it as soon as the underlying technology (disk storage, image compression) was available cheaply enough. This patent just applies digital storage to what was a well-understood concept of tape delay. I don't think anyone would have had trouble coming up with how to do this without searching the patent files for ideas.

    5. Re:Pardon? by Anonymous Coward · · Score: 0

      Hard drive space, hard drive read/write speed, and cpu speed.

      You try running video capture on a circa 1992 (the date of the patent application) pc and see how well it handles it.

  21. link to patent by jamus · · Score: 5, Informative

    Here's a link to patent in question (RES36801) from the US Patent and Trademark Office. The link was pulled off the pause technology website.

    1. Re:link to patent by Your+Anus · · Score: 1, Informative

      Here are the actual claims from the patent. Note that the abstract prior to this carries no legal weight.

      What is claimed is:

      1. In combination,

      means for generating a substantially continuous sequence of .[.a.]. digital .[.television.]. input signal values .Iadd.representing an incoming audio or video program signal.Iaddend.,

      a source of control commands,

      a .[.television.]. .Iadd.program .Iaddend.signal utilization device, and

      a variable delay circular storage buffer .Iadd.for storing those of said digital input signal values which were received during the immediately preceding time intervals of predetermined duration, said circular storage buffer .Iaddend.having an input port connected to receive said digital .[.television.]. input signal values and an output port connected to supply a delayed replica of said input signal values to said utilization device following a variable delay interval, the duration of said interval being selectable in response to said control commands, said circular storage buffer comprising, in combination:

      an addressable digital memory,

      a programmed processor,

      memory access means for continuously writing said sequence of digital .[.television.]. input signal values into said addressable digital memory.[.,.]. at a sequence of .Iadd.continually advancing .Iaddend.writing addresses established by said processor .Iadd.to write over the oldest of said input signal values recorded in said digital memory as said sequence of writing addresses are advanced so that said digital input signal values received during said immediately preceding time interval of predetermined duration are stored in said addressable digital memory, .Iaddend.and for concurrently reproducing and supplying to said output port an output sequence of previously written ones of signal values read from said addressable digital memory at a sequence of different reading addresses established by said processor, and

      means for supplying said output sequence to said output port,

      wherein said programmed processor includes means responsive to said control commands for varying the relative locations of said reading and writing addresses to selectively alter said variable delay interval.

      2. The combination set forth in claim 1 wherein said means for generating said input signal values comprises, in combination,

      means for receiving an analog .[.television.]. program signal,

      an analog-to-digital converter for translating said program signal into

      a first sequence of digital values, and

      data compression means for translating said first sequence of digital

      values into more compact form for storage in said addressable memory,

      wherein said combination further comprises data decompression means connected between said output port and said utilization device.

      3. The combination as set forth in claim 2 wherein said compression means is responsive to said processor means for varying the compression ratio at which said first sequence of digital values is translated into more compact form.

      4. The combination as defined in claim 1 .Iadd.wherein said program signal is a television signal and .Iaddend.wherein one of said control commands is a pause command and wherein said programmed processor further includes means responsive to said pause command for maintaining said reading addresses to repeatedly send a portion of the television signal stored in said memory to said output port.

      5. The combination as defined in claim 4 wherein one of said control commands is a playback speed command and wherein said programmed processor further includes means responsive to said playback speed command for altering the rate at which said reading addresses are changed.

      6. The combination as defined in claim 4 wherein one of said control commands is a reverse command and wherein said programmed processor further includes means responsive to said playback speed command for altering said reading addresses in a reverse order from the sequence of writing addresses used to store said television input signal to thereby provide a reverse motion television signal to said output port.

      7. The combination as defined in claim 1 .Iadd.wherein said program signal is a television signal and .Iaddend.wherein one of said control commands include a replay selection command and wherein said programmed processor further includes means for selectively accessing data at a plurality of different frame addresses stored in said digital memory to form data representing a mosaic of reduced size images, each of said images representing data at a corresponding one of said frame addresses, and wherein said programmed processor further includes means responsive to said replay selection command for setting said reading address to a selected one of said frame addresses identified by said replay selection command.

      8. The combination as set forth in claim 7 wherein said compression means includes means responsive to said processor means for varying the compression ratio at which said first sequence of digital values is translated into more compact form. .Iadd.

      9. The combination set forth in claim 1 wherein said variable delay circular storage buffer stores one or more incoming signals and wherein said means for concurrently reproducing and supplying to said output port an output sequence of previously written ones of signal values includes means responsive to a user command for selecting a particular one of said one or more incoming signals for reproduction. .Iaddend..Iadd.

      10. The combination as set forth in claim 9 further comprising an input unit composed of one or more simultaneously operating signal processors each connected to a source of programming signals for supplying said one or more incoming signals to said storage buffer. .Iaddend.

      --

      In the USA, we like stuff watered down, like beer, television, and freedom.
  22. Seems valid to me by khyron664 · · Score: 5, Insightful

    People on slashdot have a tendency to speak badly of technology patents, and for the most part I agree, but this one seems valid. Look at when it was filed. 1992. Very very few people were even thinking about the idea of pausing live TV back then. Just because it is a simple idea (especially now) does not mean the patent isn't valid when it was filed for. That's the nature of technology. You could make a case of "patent squatting" since the company doesn't appear to have done anything with the patent, but that's a whole other can of worms.

    The company could be an "idea" company like Rambus, which I can't really say I like the idea of, but they've been around for a long time. I guess they add value somewhere.

    Khyron

    1. Re:Seems valid to me by nhavar · · Score: 2
      No to most of us the problem isn't the patent in and of itself but in the timing of it's enforcement. Tivo and the concept of pausing live TV has now been around for a couple of years at least not to mention the time it took to develop and that the information would have been in the marketing material and press. So why is it that a company that creates a concept 1) never develops it 2) waits 9 years to begin to enforce it's patent after the technology has already been adopted by multiple vendors.

      My personal belief is that if you don't defend that patent from day 1 then you are not entitled to any reimbursement whatsoever. This would stop all of these holding companies and patent vultures from waiting for tech to be incorporated into everyday life and then trying to step in to reap all of the benefits by screwing everyone.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    2. Re:Seems valid to me by bartle · · Score: 2

      Look at when it was filed. 1992. Very very few people were even thinking about the idea of pausing live TV back then. Just because it is a simple idea (especially now) does not mean the patent isn't valid when it was filed for. That's the nature of technology. You could make a case of "patent squatting" since the company doesn't appear to have done anything with the patent, but that's a whole other can of worms.

      The problem is that if we consider having an idea the only prerequisite for getting a valid patent, our whole future is locked up by amateur futurists. It's easy to come up with ideas but it's the specific implementation that's important.

      In this case we have technology that would have been developed and used even if the patent had never been filed. The goal of patents are not to reward the first person to come up with a given idea, but to protect the work someone has done. Time delayed video techniques have been used by the network studios for years, so have digital circular buffers. Combining existing tools in an obvious manner to meet an eventual need is not patent worthy.

      I have no doubt that this patent will eventually be struck down in court if pressed far enough. It is merely irritating that this has to happen this way.

    3. Re:Seems valid to me by khyron664 · · Score: 1

      I agree completely. In fact, there is a guy (can't remember his name) who became VERY wealthy by "patent squatting". He would think of ideas and patent them and then sue companies that would implement the ideas many years later. There are supposedly laws against this sort of behavior now, but they don't seem to be in effect for companies. I should have mentioned that the timing of the whole afair seemed shakey, but the patent itself seems valid.

      Khyron

    4. Re:Seems valid to me by khyron664 · · Score: 1

      Why would this get struck down? If the technology existed but only network studios used it and someone comes up with a way to use that same technology in the common realm (live TV), why is that patent not valid? It may be an old technology, but it is a new usage of that technology. It has never been in the common realm before, and therefore new. Patents are indeed supposed to be about an implementation so if time delayed techniques are used in broadcasting it doesn't mean that someone can't come up with an alternative method of doing the same thing and patent it. They just can't use the same method in their patent. I've seen no evidence that this company copied network studios technology, so it should be valid.

      The big question is whether TiVo used this specific rendition of the technology.

      Khyron

    5. Re:Seems valid to me by Anonymous Coward · · Score: 0

      My personal belief is that if you don't defend that patent from day 1 then you are not entitled to any reimbursement whatsoever.

      Isn't this how trademark desputes are handled? You have to defend them, or you risk losing them.

    6. Re:Seems valid to me by nhavar · · Score: 3, Insightful

      Great. We're on the same page then.

      I want to rename these type of patents the "Jules Vernes" or the "Leonardo DaVinci" patents. Can you imagine how rich either of those mens ancestors would be today if they had patented their ideas. Think of it helicoptors, tanks, nuclear power, nuclear subs, space travel, machine guns. Even though they were the "inventors" of such concepts the machines themselves were not feasable during their lifetime. So is it feasable to think that a company can patent a process or invention that they cannot feasably prototype or produce and then wait around for someone else to do all of the work to actually create the item and then swoop in and rake in the reward.

      One company might do all of the real work in producing the product thinking that they have an obvious process that's not patentable, therefore they never do the patent search, therefore they never know there is a patent or a licensing issue. I guess it comes down to intent in both cases. Did TiVO or any of the others know of the patent and attempt to avoid licensing? Did the patent holder attempt to avoid enforcement until the patented product became widely used? I think this goes back to that issue of British Telecom trying to rake in royalties over the hyperlink. Scary stuff.

      I do believe in the original intent of patent and trademark law. I just wish these companies did also.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    7. Re:Seems valid to me by bananapeel17 · · Score: 1
      From the article:
      ...the ``Pause Patent,'' was originally filed in 1992 and issued in 1995. In 1996, a re-examination was requested, and on August 1, 2000 the patent was reissued by the Patent Office with the same filing date and additional claim coverage. TiVo was notified on April 4th, 2000 and again on May 23, 2001 that it was infringing on the patent and an offer to discuss licensing terms was extended.
      It looks like this patent was finalized in Aug 2000, and this company has been trying to negotiate with TiVo since then. I imagine it's hard if not impossible to enforce a patent that is still being approved. TiVo and other vendors must have (or at least should have) known about this patent while they were developing their product. I suppose they think this patent won't hold up in court or they'd have settled by now. Read the article before posting your knee-jerk "patents are bad" response.
      --
      Somebody please tell this machine I'm not a machine -
    8. Re:Seems valid to me by curunir · · Score: 1

      I don't think that people on /. are against technology patents per se. If someone comes up with a non-obvious solution to a current problem, then more power to them. But that isn't the case here. The patent in question was useless until a point in time when other technology allowed it to become useful. In essence, there was no point in even thinking about the issue until hard drive technology progressed to the point where it could become useful.

      If it was a replayTV patent filed while both machines were in R&D, the story would be completely different. In that case, the patent would have been filed in response to a current problem and I think that everyone on /. would consider it a valid patent.

      What if I filed a patent for a 3-dimensional stop light? This would be a completely useless patent. But if in 10 years, GM creates a flying car, should I be able to make millions off my idea because I came up with the idea before there was a need for it? Even though it may not seem like common sense at the time, it still may be a common sense extension of the work of others.

      That seems to be the case here. Pausing live media streams is a logical extension of having hardware capable of streaming media.

      --
      "Don't blame me, I voted for Kodos!"
    9. Re:Seems valid to me by Anonymous Coward · · Score: 1, Insightful

      How is this different from 'instant replays' in sports? Would that not be an example of prior art?

      Anyone happen to know when instant replay systems went digital?

    10. Re:Seems valid to me by passion · · Score: 2

      then why the hell did it take them so long to come down on TiVo? did they want to make sure that the product took off, and grew large enough so that they could make their income in the courthouse, instead of the appliance store?

      it take bravery, hard work and constant diligence to make a company work - particularly in this economy. Imagine if we all sat on our asses patenting everything and suing if/when some brave soul who wants to make a living out there decides to make a move.

      --
      - passion
    11. Re:Seems valid to me by Jburkholder · · Score: 3, Insightful

      >So why is it that a company that creates a concept 1) never develops it 2) waits 9 years to begin to enforce it's patent after the technology has already been adopted by multiple vendors

      Hmmm... according to the article:

      "In 1996, a re-examination was requested, and on August 1, 2000 the patent was reissued by the Patent Office with the same filing date and additional claim coverage."

      "TiVo was notified on April 4th, 2000 and again on May 23, 2001 that it was infringing on the patent and an offer to discuss licensing terms was extended."


      So I read this as they had to go and get the thing re-issued (not sure who initiated the "re-examination request"). So from 96-2000 they didn't have a legal patent? When did TiVo start developing their implementation? The the USPO re-issues the patent retroactive to the original filing date and the _same year_ they start notifying TiVo.

      I'm not defending their actions, but it doesn't seem as clear cut to me as "waits 9 years to begin to enforce it's patent after the technology has already been adopted by multiple vendors."

    12. Re:Seems valid to me by Znork · · Score: 2

      There was plenty of similar concepts in video recording, playback and live editing back then. However there was one huge reason nobody tried to use it to mass market live TV pauseing devices back then:

      Nobody would pay $10000 for such a device.

      Five years later, the price sinks to $1000 and then they start developing, and a few years later its down to $100, and several companies independently have products that use such technology.

      This has nothing whatsoever to do with invention or ideas. It might have been a new idea in the 60's, but since then it's merely been an impractical idea, requireing either a number of magnetic tapes or disk space worth tens of thousands of dollars.

      And timing a patent filing on an old idea merely because it is within practical marketing reach is maybe a buisness plan (mmm, patentable buisness method maybe?), but it sure isnt worthy of a patent.

    13. Re:Seems valid to me by Prior+Restraint · · Score: 1

      Patents are indeed supposed to be about an implementation...

      Sorry, no. Copyrights are about implementation; patents are about ideas.

    14. Re:Seems valid to me by mj6798 · · Score: 2
      Look at when it was filed. 1992. Very very few people were even thinking about the idea of pausing live TV back then.

      I'm pretty sure more than one person thought of the idea then. I'd be surprised if you couldn't even find published suggestions for this feature, perhaps in fiction, television, and/or vision papers. Digital video had been available on UNIX workstations for more than a decade, and people were actively using it in research. Places like the MIT Media Lab were already dreaming up the television of the future.

      In fact, with digital video, it is completely natural and expected that you can access a video file while its tail end is being recorded. One of the first things you naturally try is something like "record_video > file & sleep 3; play_video file", and if your player is suitably robust and your I/O system suitably fast and/or buffered, this will just work and give you the ability to pause live video. If it doesn't work, people will quickly figure out that they need a faster disk or bigger buffer.

      This patent is on something that seems astounding when you think "tapes", but something you don't even think twice about when working with digital video. Unfortunately, a lot of patents are like that. Now, a specific, non-obvious, cost effective of doing this with a tape or analog disk-based recorder might have been an interesting patent.

      I completely agree with your point about squatting and a requirement to defend, however.

    15. Re:Seems valid to me by Anonymous Coward · · Score: 0

      The major problem with this is that it is completely unworkable to patent IDEAS. Implementations, like the design of an engine or wheelchair are fine. But the IDEA of a chair with wheels for example is silly. All it does is create monopolies.

    16. Re:Seems valid to me by Fencepost · · Score: 2
      I want to rename these type of patents the "Jules Vernes" or the "Leonardo DaVinci" patents. Can you imagine how rich either of those mens ancestors would be today if they had patented their ideas.

      Not very.

      Even though they were the "inventors" of such concepts the machines themselves were not feasable during their lifetime.

      Assuming a 17-year span for patents, then by the time anyone could actually create anything that would infringe on them the patents would've expired.

      --
      fencepost
      just a little off
    17. Re:Seems valid to me by WNight · · Score: 2

      As people pointed out, pausing live television has been a desired feature for a long time. _I Dream of Jeannie_ supposedly had an episode where she did this, back in the early 70s.

      Circular buffers are a trivial concept, I myself invented them independently in grade four, for use in an undo feature.

      Assuming that all professional programmers either read about or figured out circular buffers on their own, the only "innovation" here is in applying that solution to the problem. However, as this is likely the way anyone would solve this problem, it's not very innovative.

      Face it, it's a bogus patent. So are most that get mentioned on Slashdot. "We" bash most patents because peopel are free to patent shit like business models these days.

      Not only has the patent office completely given up on its mandate, but patents are a broken idea to begin with. They reward the first person to register with the patent office, not necessarily the inventor. And when they do reward an inventor, they screw everyone else who developed that independently.

      Furthermore, this patent appears to have been intentionally delayed so as to bring it out when the market was already using the technology, allowing the "inventor" to extort money from everyone who independently invented the technology.

      In my not so humble opinion, the filer of the patent is a thief. They package up other people's ideas, wait for someone to make a useful product, and try to get the courts to award them a large percentage of it. The laws may currently allow this, but that doesn't make it a good thing.

    18. Re:Seems valid to me by mpe · · Score: 2

      I want to rename these type of patents the "Jules Vernes" or the "Leonardo DaVinci" patents. Can you imagine how rich either of those mens ancestors would be today if they had patented their ideas. Think of it helicoptors, tanks, nuclear power, nuclear subs, space travel, machine guns.

      Actually the last one cannot qualify, since the Romans had one over 2,000 years ago. Similiarly tanks are rather questionable.
      There is also the case of Arthur C. Clarke not getting rich on royalties from satillite companies...

    19. Re:Seems valid to me by seann · · Score: 0

      the romans had machine guns?
      keen gear!

      --
      I'm a big retard who forgot to log out of Slashdot on Mike's computer! LOOK AT ME.
    20. Re:Seems valid to me by Howie · · Score: 1

      Digital video had been available on UNIX workstations for more than a decade, and people were actively using it in research.

      I have a unix workstation from 1994 (an SGI Indy), and it's handling of realtime video is dismal. With additional hardware, it becomes slightly less so (better picture quality, still crappy bandwidth issues). Which workstations had this capability in 1982? Nearest things I can think of are framestores (single image) like the Quantel Paintbox, or the Pixar whatevertheycalledit.

      --
      "don't fall into the fallacy of believing that Perl can solve social problems. Maybe Perl 6 can, but that's a ways off"
    21. Re:Seems valid to me by markmoss · · Score: 2

      It looks like this patent was finalized in Aug 2000, and this company has been trying to negotiate with TiVo since then. But the patent was issued in 1995. THEN the owner somehow got to re-write it to cover more possible implementations. That's one more reason to be suspicious of this patent.

      Other reasons: It claims to cover functionality (pause button), not just an implementation of that functionality. AFAIK, no holder of the patent has ever marketed a system implementing the patent. Put those facts together, this seems like a non-inventor thinking up something that would be nice to have but he can't design, trying to get priority over the real inventors when they do design such a system.

    22. Re:Seems valid to me by Watts+Martin · · Score: 2

      It may be a valid patent, but the question of whether it's valid for digital video recorders is another question. They seem to specifically be addressing the idea of "providing these and other options and capabilities [those options being rewind, fast-forward, etc., like a VCR] when the user of the broadcast receiver is monitoring the program concurrently with its reception" (a quote from the patent, my emphasis).

      Is that the way you use your TiVo? Probably not.

      Furthermore, the patent specifically calls for a "circular buffer." By its own definition of a circular buffer, it's difficult to say if TiVo or other PVRs really qualify. They do know to delete old instances of programs when their capacity is reaching its limit, but it's not a simple circular buffer--it's a relatively intelligent file management system.

      It seems pretty likely the patent was written with the intention of letting users do limited time-shifting while a program was being played, not with the intention of letting them record many hours of programs.

      I'm also more than a bit disenchanted with the patent's clear call for an analog TV signal at its start and the C-Y-A references to HDTV at the end--very likely the 1996 patent revisitation was to add that. But, that's another story.

    23. Re:Seems valid to me by Anonymous Coward · · Score: 0

      They also had blimps, grenade launchers, and magical fire breath. Didn't you know?

    24. Re:Seems valid to me by Dyolf+Knip · · Score: 2

      In fact, there is a guy (can't remember his name) who became VERY wealthy by "patent squatting". He would think of ideas and patent them and then sue companies that would implement the ideas many years later.

      Jerome Lemelson, aka The Patent King. $1.5 billion by the time he died.

      There are supposedly laws against this sort of behavior now, but they don't seem to be in effect for companies

      Sort of. The only thing that I know for sure they changed was how long until the patent expires. No more of the infinite extensions Lemelson loved so much that gave his patents 50-year lifespans.

      --
      Dyolf Knip
  23. Hrmmm... by Flower · · Score: 2

    Looks like I'll have to see who capitualtes and who doesn't when I shop for a PVR. Seems I won't be buying a Motorola model.

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
  24. Patenting the Play button? by Other1 · · Score: 1

    I am going to patent the process of patenting a process and then...

    Well, I guess I win

    1. Re:Patenting the Play button? by Anonymous Coward · · Score: 0

      Then I will patent the process of patenting the process of patenting a process!

  25. Different methods?? by Vinson+Massif · · Score: 1

    Wouldn't the TiVo method of accomplishing this task be substantually different that the Pause patent, therefore not infringing?

    --
    "Remember, any tool can be the right tool." -- Red Green
    1. Re:Different methods?? by Anonymous Coward · · Score: 0

      People seem to be missing that the 1992 patent on pausing a live data feed may not cover the method(s) TiVo used to implement its pausing feature(s). In general TiVo did a lot of homework to make sure it wouldn't be caught in the royalty game. So 'Pause' Technologies' claim may be baseless.

      Another another thread, I wonder if anyone has a pre-'92 TV/Computer integration card or device. There could be prior art. I know the original Mac II had a way to watch TV on the computer monitor. I read about it in MacWorld. But I don't know how developed the software was/would have been. This was back when disk space and memory were very small compared to even a live audio feed.

    2. Re:Different methods?? by samjam · · Score: 1

      Instead of PAUSING, play exceedinly SLOWLY, maybe 1 frame every 10 minutes?

      Thats a NOVEL way of pausing, novel in that it isn't actually pausing.

      It should be patentable too?

      Sam

  26. Press Release (and hand me the tape) by PinkStainlessTail · · Score: 1
    Yahoo has the story here

    It's nitpicky I know, but this is a press release from the company that holds the patent, not what I consider a reliable "journalistic" source.

    --
    "Slashdot is about legos and staplers." -Cmdr. Taco
  27. Go to the company's website... by Cinnamon · · Score: 4, Informative

    This looks suspicious to say the least. Go to their site, apparently as a company Pause Technologies does... Well, nothing, except has this one patent. They have maybe six total pages on their whole site, and none of them reference anything concrete beyond this one patent. My guess is this company is just a facade (Note the 'llc' instead of 'inc', this is usually a pretty clear sign) for an individual or law firm that decided they wanted to make a quick buck.

    Not to say they didn't patent it, but they're trying to pass themselves off as a technology company. Much more likely some asshole with dollar signs in his eyes was looking at a vcr remote one day and thought, "Eureka!" The rest is history.

    --
    -- If we were in any other industry they would've shot us a long time ago.
    1. Re:Go to the company's website... by michaelndn · · Score: 1

      saying that LLCs are inherently more prone then corporations to being out for easy profit is absurd.

    2. Re:Go to the company's website... by IronChef · · Score: 2

      Note the 'llc' instead of 'inc', this is usually a pretty clear sign) for an individual or law firm that decided they wanted to make a quick buck.

      Now that's just low, smearing LLCs. There are a lot of reasons to choose an LLC as opposed to an Inc. LLCs tend to be smaller, but that doesn't mean they are dishonest. I own an LLC, and we aren't a load of bastards.

    3. Re:Go to the company's website... by uberdood · · Score: 1

      to quote inigo, i do not think it means what you think it means.

      try this link:

      Limited Liability Company FAQ

      the corporation i work for (over 100k employees, billions of revenue per year) has several divisions with llc in the title. it basically protects the parent corporation from more risky business ventures that divisions may pursue - short of spinning off a new corporation. it is a valid and critial business practice.

      notice i'm not saying that pause technologies is valid. i'm of the camp that if one patents something, one had better damn well do something PRODUCTIVE with the patent, else one is simply a squatter.

      --
      "Population 1,656"
    4. Re:Go to the company's website... by innocent_white_lamb · · Score: 1

      I own an LLC, and we aren't a load of bastards. -----> Now that's just BEGGING for a wise-ass comment from the peanut gallery. *grin*

      --
      If you're a zombie and you know it, bite your friend!
    5. Re:Go to the company's website... by Cinnamon · · Score: 1

      Argh, I knew this would be misconstrued. I thought of it AFTER I pressed the 'submit' button of course.

      I didn't mean that LLC's are in some way less 'legitimate' companies than corporations. I've worked for some pretty good LLC's myself.

      What I meant is that incorporating is *expensive*. If you're going to build a company to act as a front or in some other manner misrepresent yourself, it's much cheaper to do it by becoming a limited partnership than a corporation. It's also a lot faster.

      It's not to say that all LLC's are 'fake' (Using the term loosely) companies, but that most fake companies are LLC's, rather than corporations.

      --
      -- If we were in any other industry they would've shot us a long time ago.
  28. Gimp? by Anonymous Coward · · Score: 0

    I realize this is way offtopic, but can someone tell me WTF is going on with Gimp.org? Can't get to any gimp.org site and I've been trying to get Gimp32 for two days.

  29. The patent by Telek · · Score: 2

    can be found here

    Wow... reminds me of the Aussie guy who patented the wheel...

    (This comment did not pass the lameness filter)

    --

    If God gave us curiosity
    1. Re:The patent by Mwongozi · · Score: 1
      Wow... reminds me of the Aussie guy who patented the wheel...

      Why? Because of the circular buffer? (Boom boom.)

      Seriously, this looks like a perfectly valid patent to me. It seems obvious now, because we all have a Tivo in our front room. But back in 1992, this was truly new. If it was so obvious, it would have been done already.

    2. Re:The patent by M_Talon · · Score: 2

      I don't know. It looks like they actually had the idea down and patented it before anyone else came along. That legally makes it their IP. The wording of the patent seems to demonstrate it's thought through and well explained, unlike a lot of "vague" tech patents like patenting a mouse click on the web. It also doesn't look like there's much of a case for prior art here either.

      I have a feeling TiVO's gonna settle out of court on this one. It'd be a hard pressed fight to win.

      --
      Electronic Frontier Foundation for online civil rights information
    3. Re:The patent by Anonymous Coward · · Score: 0

      Sorry, but that on its own does not make something patentable. You can't just rush out and beat everyone to the patent office to get the patent. It also has to be "non-obvious to members of the same craft." That's the part that everyone here gets upset about. Amazon's one-click and Macromedia's color-box patent's irritate programmers because they fail the criterion of "non-obvious". This, I'm sure, was obvious to all in the video/broadcating/production biz, even in 1992 nad should have been denied patent as "obvious".

    4. Re:The patent by Telek · · Score: 2

      but there's a difference.

      "pausing" anything is not innovative or new. Much less "pausing live TV". I don't care what you have to do in order to do it, I can guarantee you that 1000s of other people have thought "damn I gotta go to the washroom/fridge/answer the phone but I don't want to miss what's going to happen next!".

      Dimply putting fancy jargon behind it (obviously without a device to acutally implement it, and since they never did much work on the implementation side of things just shows that this guy was patenting a simple idea). Check out my other post about the other things that this guy has patented. He's just patenting obvious ideas with fancy jargon (he uses the "circular buffer" concept in like ALL of them. Prior art? Check out the "outgoing" cassette in your 1980s answering machine, or just about any implementation of a FIFO buffer in existance, like your dos based keyboard buffer for example).

      The might settle out of court just to avoid the cost of the lawsuit. Or they might think that this Pause Technology company doesn't have the money to back up a lengthy lawsuit and just call their bluff. Many times "filing a lawsuit" is just a scare tactic.

      --

      If God gave us curiosity
    5. Re:The patent by Telek · · Score: 2

      If it was so obvious, it would have been done already.

      It was obvious, the problem is that the technology wasn't there at the time to do it.

      Hey, does that mean that I can patent antigravity, emmissions free engines, an engine that runs of veggies, a computer that can read my thoughts, or any number of "obvious" ideas that the technology simply isn't there?

      You can argue that he was patenting a method of implementation which is valid (patenting an idea, IMHO, should never be allowed). However it looks to me like the "implementation" was just as obvious of the idea of pausing in the first place. It's how to get the technology there that counts.

      Its like if I said "well, you can build a zero emmissions car by (insert a LOT of jargon here on how to build a car) plus using a zero-emmissions engine". Does that mean that I can claim that as a patent? Of course not (but I'll bet you that if I filed it I'd get one anyways).

      --

      If God gave us curiosity
    6. Re:The patent by mpe · · Score: 2

      It was obvious, the problem is that the technology wasn't there at the time to do it.

      The technology has been around at least 30 years. Simply that it was not practical to build such a machine to be sold as a household appliance (i.e. it would have cost more than the house...)

    7. Re:The patent by Nurgster · · Score: 1

      And, more to the point, if it was obvious, someone would have applied for the patent before them...

      --
      "Faith is the last resort of a desperate man" - Me
  30. What a joke... by ryanwright · · Score: 2

    This is like those idiot cybersquatters. These morons patent a concept, do jack shit to develop it, then get mad when someone else does. There should be a clause in US Patent law that requires you to actually implement your ideas. Otherwise people just sit on it until someone else makes it work, then reap huge financial rewards for being the first to buy the piece of paper.

    One wonders why they didn't do something a couple of years ago when Tivo first started selling these boxes...

    --
    -Ryan, with the unoriginal sig
    1. Re:What a joke... by Si · · Score: 1

      There should be a clause in US Patent law that requires you to actually implement your ideas

      I can see a problem with this. What if you come up with the design for a fantastic new WidgetMeister 3000 in your shed, but don't have the moolah to manufacture it? With your suggestion, the WidgetMeister designer would not be able to patent his idea until he'd actually realised his design; any delay on his part in doing this could result in some manufacturing house snapping up his idea and hanging the inventor out to dry.

      --


      Why is it that many people who claim to support standards have such atrocious spelling and grammar?
  31. I think this says it all about Pause Technology... by AX.25 · · Score: 3, Informative

    >Pause Technology is an intellectual property company focused on the Personal Video Recorder market and related industries. In addition to licensing our existing patents we are interested in acquiring new ones as well. Please direct any representations of new technologies to Charlie Call .

    Pause Technology, founded in 2000, is an LLC that has been well funded by major corporate and individual shareholders.

    There use of technology is the only technology in the whole company. Does it make sense that a company founded in 2000 can buy old "unexploited" patients and sue innovative companies? Bad lawyers...bad...bad.

    --
    What is pirate software? Software for inventory of stolen treasure?
  32. let's save time by macsox · · Score: 1

    it would be a much better use of hemos' and slashdot user's time and resources if the top article on the home page were always the same -- titled "WE HATE PATENTS" -- and then everyone could just make the same old comments once.

    a stitch in time saves nine.

  33. Hmmm. by jd · · Score: 4, Funny
    Let's test the US Government's new resolve. I think that patenting the obvious, trivial or otherwise unimplementable, is an act of terrorism.


    I therefore suggest that the US 5th Cavalry and the Tie Fighters attack from the south, and turn Pause into the kind of rubble Afghanistan already is.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  34. The devil is in the details by M_Talon · · Score: 2

    It's all in how the patent's worded, of course. If the patent is too broad, then it'll get killed by prior art. If it's too narrow, TiVO will get off scott free. However, the fact that Motorola licensed the technology indicates there may actually be some merit to this patent debate. There's also the fact that Pause tried to talk to TiVO about it before taking it to court.

    It's highly likely this is a legitimate complaint, so remarks like "oh I think I'll go patent /insert basic idea here/ and make a money" may be inappropriate. It really all depends on the wording in the patent. If they really did get a good patent on the idea, then they should be allowed to defend it. The idea of pausing live TV is still pretty innovative, and thus if the technology is described with no vague BS, then the patent dispute is valid.

    --
    Electronic Frontier Foundation for online civil rights information
    1. Re:The devil is in the details by Telek · · Score: 2

      However, the fact that Motorola licensed the technology indicates there may actually be some merit to this patent debate.

      Or that they didn't want to get caught in a lengthy court battle that would inevitably cost more than just paying the royalties.

      Gotta love the "justice" system.

      --

      If God gave us curiosity
    2. Re:The devil is in the details by netik · · Score: 1
      First off, the headline for this issue is incredibly wrong, and it's yet another attempt to sensationalize an otherwise dull story. Thanks again, slashdot. (grr) You've bencome the Weekly World News of computing.


      The problem with the litigious society that we live in is that regardless of the patent's wording, if Pause has the money and ability to 'protect' their patent, they could sue TiVo into the ground. It's sad that companies these days do not win on merit, they win lawsuits by depleting resources.


      These are the new holy wars of the mind.

    3. Re:The devil is in the details by Zeinfeld · · Score: 2
      However, the fact that Motorola licensed the technology indicates there may actually be some merit to this patent debate.

      Bzztt. Wrong

      The usual strategy adopted by the patent trolls is to sell an early license to a big company for practically nothing. They do this precisely because it lends credibility.

      Motorola probably got an equity stake in the patent troll's company in return.

      The idea of pausing live TV goes back several decades. The BBC was doing it on match of the day in the 1970s.

      The suit has probably been filed now because Tivo is in deep do do and the patent claim may cloud any possible takeover.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  35. Something's fishy here.... by mblase · · Score: 2

    ...back in 1992, the computer technology was nowhere NEAR advanced enough to allow for pausing of live TV using a PVR. The memory and disk space requirements would have been functionally impossible. So this patent, while describing a neat idea, was functionally useless until about 2-3 years ago.

    While that doesn't invalidate the patent in and of itself, it does make me wonder what the "inventor" intended to do with this idea. How can you invent something that can't be built?

    1. Re:Something's fishy here.... by Mwongozi · · Score: 2
      Just because you can't currently build it, doesn't mean it won't be possible one day.

      We currently can't build a working fusion power station, but recent stories suggest it may be possible in 10 years.

      There's nothing to stop you patenting an idea that, while theoretically possible, is unimplementable at the present time.

    2. Re:Something's fishy here.... by blazin · · Score: 2

      In 1992, RAM was in the hundreds of dollars/meg, so this probably wasn't feasible then. However, I agree with the other reply, in that just because is wasn't feasible or economically sound to implement at the time, it doesn't mean it won't be later.

      If I come up with a design for a working warp drive that uses some sort of thing that we cannot readily make today, but can be manufactured cheaply while my patent is still in effect, I should be rewarded for coming up with the idea. Ideas that push the envelope are the ones that help keep technology moving forward.

    3. Re:Something's fishy here.... by BadDoggie · · Score: 2
      It was quite useful in an analog version. It was available for, and in use by, television no later than the mid-1970s. I remember all the flak when Richard Pryor went on the original Saturday Night Live, which wasn't going to be exactly live. NBC had a 7-second delay hooked up. They used it, too. A few times. Even though Rich tried hard to behave. They'd dump a second or so every time Rich said what he shouldn't, and they'd be at commercial often enough to reset and have another seven seconds.

      woof.

    4. Re:Something's fishy here.... by cr0sh · · Score: 2

      The deal about patents, though (at one time) - required that you have a working prototype, or at least a model of some sort.

      I am not sure how it really works today, but it seems like now (from what I understand), the models can be more virtual - to the point of where if you can CAD it, it is as good as the real thing (at least to the USPTO - there was an article in a well known inventors magazine talking about using CAD/3D for "prototyping" an invention, and how to use such things to patent the invention and get investment money).

      Of course, we all know that if it is 3D on a screen, it must be produceable in real-life, right [sarcasm off]

      Anyhow, I could see how the inventor (of the original patent) in this case might have been able to come up with a very expensive prototype at the time, in 1992. Or, it could have been a cheaper implementation, perhaps even in software. It wouldn't have to record full live TV - heck, a low res postage stamp size video image @ 10FPS, pausing/unpausing it would have been enough - in fact, I would bet you could do a very crude implementation with a frame-grabber and 286 at the time.

      Still, I tend to wonder though if his model/prototype was simply nothing more than a drawing of boxes and lines on paper - it could have been. But, not knowing the specifics on this, it is all speculation. I wonder if he was amply compensated by Pause for his work?

      Your idea of a warp drive wouldn't be possible, unless you had prototypes of the underlying technology or such (then you would/should only get patents on that). Or at least, that is how it is supposed to work - but things have been real hinky in the USPTO for a long while - for all I know, a simple text description might be enough.

      On a side note, it may actually be possible that within the USPTO database exists all the patents surrounding the needed components for both a working fusion system and a warp drive - perhaps all by different inventors. Good luck finding that combination, though...

      --
      Reason is the Path to God - Anon
    5. Re:Something's fishy here.... by dup_account · · Score: 1

      If you're out there activily working the idea, yes. If you come up with something that becomes obvious as the other technologies progress, but have been sitting on your hands waiting, then no... You deserve nothing!

    6. Re:Something's fishy here.... by Anonymous Coward · · Score: 0

      YOU CAN'T PATENT IDEAS. Repeat after me. You patent an IMPLEMENTATION, which by definiton means a WORKING device. You need to build a prototype. You can't patent a device for antigravity propulsion and just sue anyone who implements it 50 years later, like the guys in the story, you have to build it.

    7. Re:Something's fishy here.... by Tekgno · · Score: 1

      Invent something that can't be built?

      What, you mean like an infinite improbability device?

  36. There needs to be a time limit..... by the_2nd_coming · · Score: 1

    on how long a company can sit on a patent before the begin to make it into a marketable product.....9 years and no product to market......sounds like they did not have the capitol and sat on it waiting for some one to make a device that did this....now look, Tivo, UltimateTV, Replay, Etc......all made a product that infringes on this patent, whos in the money now and they did not even have to make anything to show how to implement it....sounds just as sneaky as the guy who copyrighted the terms year 2000 and Y2K.

    --



    I am the Alpha and the Omega-3
  37. Huh? by justletmeinnow · · Score: 0

    What's a TiVo?!? and I'd get pissed if it kept pausing my Live TV 'cause then it's not "live" anymore, so in essence TiVo would be killing my TV, and that's bad, I should at least be able to pawn it!

    Bad TiVo, Bad!!

    --
    Just because I AM paranoid doesn't mean they're NOT out to get me.
    1. Re:Huh? by Anonymous Coward · · Score: 0

      its like a helper monkey but without the rollerskates

  38. Why not Motorola? by Red+Aardvark+House · · Score: 1

    They did the right thing and paid the original creator for use of the technology.

    The patent covers more than more than the act of pausing, it covers the way the way it's achieved. Instead of using this technology, they might have developed something different to achieve a similar result.

    Then there'd be no trouble here.

    --

    I like fire ants. They are very spicy!

    1. Re:Why not Motorola? by WNight · · Score: 2

      Patents are supposed to cover non-obvious technologies. This patent is incredibly obvious, and trivial. Even worse, it was obvious back in '92 when it was patented.

      The reason TiVo didn't see the patent was likely because it was submarined... they kept it 'pending' for years, so that it would be issued publicly just before that wanted to enforce it.

      TiVo patented their own method of doing this in '99, and that wouldn't have been granted if the '92 patent was available for them to see.

      Face it, patents are usually crap and this is a perfect example of it. You corporate apologists have your work cut out for you here.

    2. Re:Why not Motorola? by Echemus · · Score: 1

      So what Pause have done is taken an idea from one area of the broadcast business (Namely, time delay of a live video stream) and hooked it up to some digital storage mechanisium. (They quote a circular buffer) Which is what they have patented. I suppose it begs the question, is it obvious to use a "circular buffer" in "digital memory" to buffer a live video stream? Or to reverse the logic... what is the first thing you think of tobuffer a live stream of digital data?

      That may be a simplistic view of the issue of course.

  39. Old idea, patentable? by dokhebi · · Score: 1

    I can't see how anyone can patent an idea like "buffer incoming stream while last image shown on screen" since it sounds like a no-brainer of an idea. How else would someone pause live TV? After all, isn't that how using multiple VCR's connected to a mixer works? The TV networks have been doing that for decades.

    Now, if they wanted to patent the technology (this much RAM with a widget controller and a framistat regulator wired up like this...) then that might survive the Supreme court

  40. Application of circular buffer by mocm · · Score: 1

    Isn`t that just a trivial application of a circular
    buffer. Or has someone a patent on that too. Any framegrabber uses this in much the same way.
    I don`t understand how the American patent office
    can grant a patent like that. What kind of people
    work for them. Not the likes of Einstein, that`s for
    sure.
    This frivolous patent policy will certainly not further innovation. Next thing you know they patent the random switching button that clicks through your channels at random so that you can rest your thumb.

    --
    ***Quis custodiet ipsos custodes***
    1. Re:Application of circular buffer by Anonymous Coward · · Score: 0

      Actually, in one Family Guy episode, one scene is of Einstein working at the Patent office. Someone comes in with the Theory of Relativity and hands it to him through a teller window. Einstein takes one look at it, grabs the guy, and slams the window shut on his head several times then runs off and patents it himself.

      I don't know where this was supposed to go. Oh yeah, this whole Pause Tech company smells fishy...

  41. Time to fight back. by jiheison · · Score: 1

    I think it is high time that there was a large, organized effort to blow these ridiculous patents out of the water. Its obvious that patent officials and the legal system are not doing enough to stop this kind of abuse. Are there any current, large scale efforts to gather prior art and have these patents revoked? Partucularly as companies like M$ buy up patents to quash competition, it seems like it would be in the best interests of the OS community (and everyone else) to organize a resistance.

    This would be yet another way to show the world that OS is on the side of the people.

  42. Sounds like a predator company to me by Refried+Beans · · Score: 5, Insightful
    From their about us page:

    Pause Technology is an intellectual property company focused on the Personal Video Recorder market and related industries. In addition to licensing our existing patents we are interested in acquiring new ones as well. Please direct any representations of new technologies to Charlie Call .

    Pause Technology, founded in 2000, is an LLC that has been well funded by major corporate and individual shareholders.

    It looks to me that this company was founded after TiVo and Replay were already products. They must have bought a patent from someone so they could try to exploit other companies that actually did something with the technology. IMNSHO, patents should be a bit more like trademarks, in that you have to use the technology or you lose it.

    1. Re:Sounds like a predator company to me by Ngeran · · Score: 3, Insightful
      IMNSHO, patents should be a bit more like trademarks, in that you have to use the technology or you lose it.

      Here I have to disagree... Say, for example, you come up with this awesome new product that has never been seen before in the market. Now say that to actually implement this idea would take half a million dollars to do. You're an individual, you don't have half a million lying around, nor the facilities to mass produce this new product for the marketplace... So you patent your idea to protect it.

      Except that in your world, if you don't have the means of producing the product, you lose the patent. Suddenly, every major company that can afford it is producing your product, and you don't get a penny, even though you came up with the whole idea in the first place.

      This is what patents were always meant to protect. Individuals with ideas that they had no chance of ever being able to finance their ideas into a product. A company could buy rights from this person to produce the product if they thought it a good idea, and the individual would be protected if a big company decides that they can go ahead and implement this person's idea without compensating him. It's been twisted quite a bit as of late, with more corporate patents than individual patents, but that's pretty much inescapable now. When you start work at a company, you're required to sign a sheet that essentially says "What's ours is ours, and what's yours is ours."

      --
      if( read(this) ) { you = programmer; }
    2. Re:Sounds like a predator company to me by sporty · · Score: 1

      Well, the company is founded then, but is it possible for the company to have changed names or file the patent before being founded?

      --

      -
      ping -f 255.255.255.255 # if only

    3. Re:Sounds like a predator company to me by Anonymous Coward · · Score: 1, Insightful

      Say, for example, you come up with this awesome new product that has never been seen before in the market. Now say that to actually implement this idea would take half a million dollars to do. You're an individual, you don't have half a million lying around, nor the facilities to mass produce this new product for the marketplace...

      I'd say too fucking bad, I find it absurd that some can "own" an idea that he/she never does anything about. If you cannot see this is retarded, and totally non productive, then you need help.

      Try reversing the situation, now say I have the same idea as this other person and I came up with this idea all on my own, with simlar implementations, because there's no other way to do it, and I have a half million dollars. Like hell I want to give up royalties to this other person just because he thought of it first. I came up with the same idea, a year later, but now I have to pay this other person just because they thought of it FIRST?! I don't see how you can honestly say that sounds right to you.

    4. Re:Sounds like a predator company to me by Anonymous Coward · · Score: 0

      It seems like the original patent is valid... If you look at the image version of the patent on the USPTO website and check out the changed sections of the reissued patent, it looks like they changed it in favor of broadening the patent. Tivo probably did infringe on this patent, but the reissued patent looks awful predatory to me. Somebody is getting greedy.

  43. Go ahead, try it! by Uttles · · Score: 1, Insightful

    Pausing. Obviously, a new idea, and one worthy of patenting. I think I'm going to patent the play button.

    I take offense to that comment. I realize that this is the normal attitude here on Slashdot and it's really warranted most of the time, especially dealing with companies like Microsoft, etc. However this technology is rather complicated and innovative and will actually improve the TV watching experience, especially for those sports lovers out there. There's a lot more than just a "pause" button that goes into this.

    --

    ~ now you know
  44. Maybe not a patent on pausing but... by Anonymous Coward · · Score: 0

    As a programmer, I call it a "buffer". In this case you're buffering the data until the receiver (human viewer) is able to deal with it. A widely applicable concept which has probably been around as long as digital communication has been in use.

  45. I patented the online message board.... by Anonymous Coward · · Score: 0

    I patented the online discussion board in order to bash Microsoft on a daily basis. Look it up. Hemos and Taco....write me a check or I'll see your asses in court.

  46. a Patent squatter? by REden · · Score: 1

    Pause Technology is an intellectual property company focused on the Personal Video Recorder market and related industries
    ...
    Pause Technology, founded in 2000, is an LLC that has been well funded by major corporate and individual shareholders


    Let's see. This new company finds old, overreaching, undefended and ignored patents, buys them and then sues people who came up with the same idea independently and DOES SOMETHING WITH IT.

    Can you say leeches?

    --
    --- If it's worth doing, it's worth doing in Perl!
  47. My Sony TV does this by knuffelbeer · · Score: 1

    My Sony TV has this feature. If a press a button on the remote the picture freezes and when I press it again live images continue (images in between are lost).

    Of cource it is no use because the delay is too big and you'll miss part of the stuff you're watching.

    1. Re:My Sony TV does this by Anonymous Coward · · Score: 0

      So does my very old JVC HRS-8000 VCR. It had a digital still function that allowed me to freeze the live TV image in digital memory ( let's say, it is a one-frame buffer ), and then go back to normal live TV at anytime. And I bought it in 1991, so that was before the patent was issued.

    2. Re:My Sony TV does this by feyd · · Score: 0

      My Hitachi VCR (circa 1988) did this, as well.

  48. From their website: by DickPhallus · · Score: 1
    Pause Technology is an intellectual property company focused on the Personal Video Recorder market and related industries. In addition to licensing our existing patents we are interested in acquiring new ones as well. Please direct any representations of new technologies to Charlie Call.

    I find it interesting that the only purpose of this company seems to be to license it's patents. Now perhaps this idea needs a bit of refinement, but maybe there should be some sort of clause in patent law that prohibits "patent squatting". I mean the whole purpose of patent law to help companies get their products to market without someone blantanly ripping them off before they could do it right? So if you file a patent and never develop anything, perhaps the term should be shortened or something... but I suppose that might be hard to enforce too... oh well back to reality.
    --

    --
    Some weasel took the cork out of my lunch.
  49. Re:The patent (this guy has been gusy) by Telek · · Score: 5, Insightful

    Interesting... We're talking about one of the best minds of the 20th century (/sarcasm)

    more patents by the same guy

    my favorites:

    Apparatus for testing lumber stiffness
    (how to check the stiffness of wood. wierd trend he set here)

    System for using a touchpad input device for cursor control and keyboard emulation
    (it's called repatenting the touchpad)

    Audio message exchange system
    (you know how old answering machines use a looping cassette? well yeah, that in computer form)

    Billing system and method
    (*any* ebilling system would infringe on this patent)

    Techniques for changing the behavior of a link in a hypertext document
    (any dynamic page violates this patent)

    --

    If God gave us curiosity
  50. Changing patent and copyright law by Anonymous Coward · · Score: 0

    Don't you think it is time we seriously mobilize our community to change copyright and patent law... and change it in the _right_ direction. The framers of our constitution were aware of the delicate balance between the rights of people to profit from their ideas and the rights of humanity as a whole to profit. Sadly, only one side of this debate (the "idea" holders) are influencing the system these days. We need to balance this out. We need to fight for greater freedoms to do what we wish with information. Only then does the appropriate balance have a chance at restoration.

  51. But Tivo, etc didn't *use* Pause Tech's implmentat by jswitte · · Score: 1

    I agree with the argument that an obvious idea at time x may not have been obvious at time x-10, so was worthy of a patent then. But AFAIK, Tivo didn't use Pause Technologie's implementation of the "compressed-video-FIFO" of whatever they called it. Tivo reinvented the same idea again, probably without knowing about Pause's patent (this alone makes it sound like a submarine patent). IMO, independent invention, if not being totally illegal.

    The idea of patents is to reward people (for a limited period of time) for the work of creating useful inventions/ideas by being able to charge people money to use them. If I come up with a nify way to make a magnet out of cerium and boron somehow (not magnetic AFAIK, but if it is, I get first dibs ;-), I should be allowed to patent it and sell that implementation. If someone else comes up with the same idea, and it turns out they stole it from me (trade secret for instance), I should be able to sue them. But if they work for 10 years and come up with the same formula, without ever knowing that I had, I shouldn't be able to ay anything.

    Of course, pantents are public record (at least some parts of them are), so it could be very difficult to prove that Tivo "had no knowledge of Pause's patent" prior to coming up with the Tivo machine. This would always be a problem with patents, more so when the idea is a 'simple one' ("gee, I was browsing the patent database one day and saw this one about pausing live tv. I didn't look at it, but that could make a lot of money" Does that constitute "knowledge of the patent? I don't know)

  52. Re:Rotten woman by Anonymous Coward · · Score: 0
    What the hell are you talking about?

    She's hot!

  53. Intellectual Property Company? by HaeMaker · · Score: 1

    I bet the framers of the US Constitution are rolling in their graves. The patent system was developed so that someone who invented something could sell the product without fear of having their idea stolen.

    Now we have these companies who don't invent anything buying the patents and leeching money from people who actually build things.

    That's so lame.

    Perhaps there should be a law prohibiting the trasfer of patents. You can license technology, but you can't sell a patent outright.

  54. TiVo's patent application: July 27, 1999 by mblase · · Score: 3, Informative
    Patent #5,930,444

    Simultaneous recording and playback apparatus

    Abstract
    A keyboard equipped audiovisial recording and playback device is provided having an input and an output adapted for connection between a users signal source and display device, respectively, and a memory unit with a storage medium enabling random access to programming information stored therein. A keyboard responsive control circuit enables manipulation and transfer of programming information between the input, output and memory. Because of the relative high speed of the control circuitry and memory access, substantially simultaneous recording and playback of television type signals is achieved, thus enabling user controlled programming delay.
  55. Re:Rotten woman by adamy · · Score: 0, Offtopic

    Read Carl Sagen's "Demon Haunted World" and it will probably help you come to a rational explanation of what you saw.

    --
    Open Source Identity Management: FreeIPA.org
  56. Patents... by NitsujTPU · · Score: 1

    I can actually see where this would be worthwhile as it applies to pausing a LIVE BROADCAST.

    That is different. Patents are not just on a general idea or object, but also an application of that.

    An example of this would be the difference between a patent on the spark plug and the stun gun. The same device throws electricity into your engine or into your assailant, but the application is different.

  57. can i patent being a clueless ass? by Anonymous Coward · · Score: 0

    sorry, hemos has that one locked up and put to bed.

  58. Same people making money on Slasdot? by reedsturtevant · · Score: 1
    Curiouser and curiouser... The exclusive licensee of this patent was founded by a board member of Andover.net, the company who bought /.
    Gotuit Video, Inc. is a wholly owned subsidiary of Gotuit Media, Corp. Both companies were founded by Logan, who is also the founder of MicroTouch Systems, Inc. (MTSI) a $160 million manufacturer of touch screen systems. He was a board member of Andover.Net, parent company of famed tech community Slashdot and a leader in the Open Source movement, which was recently sold to VA Linux.
  59. They should sue Microsoft by bbn · · Score: 1

    You can use the mediaplayer to record a radio show. Then you start another mediaplayer and play the file as it records - BINGO. You have a time delayed play of a live feed....

    It might not be circular, but it should be close enough...

    1. Re:They should sue Microsoft by Anonymous Coward · · Score: 0

      Actually you can't do this in windoze as it doesn't have a named pipe device. It is trival in other OS.

  60. It's just a buffer! by Von+Rex · · Score: 2

    Give me a break. It's just using a buffer to store a datastream until a later point in time. If this is a patent infringement, then half the software out there is a patent infringment. Good god, what's next, patenting the concept of a variable?

    1. Re:It's just a buffer! by Mwongozi · · Score: 2
      It's not just a buffer, they've taken the concept of a buffer and used it in a very specific and practical way, to let you pause live video and not miss the bits inbetween "pause" and "unpause".

      Since the patent only applies to this usage, any other use of a buffer is not affected.

    2. Re:It's just a buffer! by Anonymous Coward · · Score: 0

      It may be an application of a circular buffer, but it is an obvious application. You can circular buffer text data on a socket, keyboard, mouse, joystick, sound, video, many other types of data, as well as any combination of the above, and MORE. You mean I can patent the pausing/unpausing any of the above, or a combination? Why, there must be hundreds of such patents possible, and they're _all_ obvious to anyone skilled in the art of programming, they're actually obvious to anyone who can manage to comprehend the concept of a circular buffer and what it can be used for. A circular buffer is a circular buffer, it's an _algorithm_, so here's another reason not to allow such stupid patents.

  61. I think it's a fair patent by cdraus · · Score: 1

    You've got to remember that during the era when when the patent was filed (circa 92?) that this wasn't all that obvious (well... to most).

    On a slightly offtopic note, I can't help thinking of the story on /. earlier today about email... pity that guy didn't think to patent the idea of "Sending messages to a remote machine". :-)

  62. Not eligible for a patent by jdavidb · · Score: 1

    Patents cannot be issued for any technique which "would be obvious to any practitioner of the craft." Am I the only programmer who thinks he could whip together a system to do this in a couple of days?

  63. Prior Art by Anonymous Coward · · Score: 0

    Every news room in the country had this technology at their disposal in 1992. The big three had it in 1962 too, to keep those rock and roll riff raff from swearing on the air.

    You know for damn sure NBC had it for Saturday Night Live with Chris Rock, Dennis Miller, and god help the old farts, Gilda Radner.

    Obviously, old technology being used in a new application should NOT be patentedable. If it were patentedable, one could patent using a hammer on ytrium-oxide alloy, so as to form them into a new shape.

    Using a wheel to drive your car on a new and improved type of concrete, lets call it monopolete, should not be patentable.

    Furthermore, anything ever seen on the Jetsons is prior art. Simply because hanna barbara didn't patent a flying mag lev jet car doesn't mean it isn't prior art. I don't want to here people patenting today what could/should have been patented 40 years ago so that patent would have expired already.

    The same goes for anything written by Jules Verne, Arthur C Clarke, Asimov, DaVinci or Descartes. If you actually BUILD a geostationary elevator, you can and should be able to patent the _specific_ technology that you _used_ for that physical construction.

    Don't think you can patent every concept imaginable for the next twenty years (much less the last twenty) and then wait ten years and sue anyone using it.

  64. The same reason they didn't implement it then by 91degrees · · Score: 1

    Recording to disk hasn't been possible until quite recently. Delayed palyeback is inconvenient or impossible with tape. Given the problem, the solution seems obvious. This appears to be a patent on a problem.

    1. Re:The same reason they didn't implement it then by hawk · · Score: 2
      > Recording to disk hasn't been possible until quite recently


      really? Ever heard of "instant replay"? ABC used a modified hard disk in the '70s to do this on Monday Night football--they just recorded analog instead of digital.


      hawk

  65. doesn't my Discman do that? by deadkarma · · Score: 1

    Isn't my Discman's anti-shock technology utilizing a 'circular buffer'?

    Is it me or are recent patents becoming more ridiculous?

  66. Radio time delay by blazin · · Score: 2, Insightful

    How long has radio time delay been used? You know the ones that allow them to censor the callers who swear on the air before it gets sent out on the airwaves? This sounds a bit similar... I wonder if it is pre-1992?

  67. Mod parent up! by Anonymous Coward · · Score: 0

    This helps show how this is just another patent buying fiend out to make a buck.

    (not too much lameness here.)

  68. Worse of two evils... by powerlinekid · · Score: 2, Interesting

    Ok maybe Tivo should have done a little research to see if anyone has any outstanding patents (it seems Motorola did (research)), but patenting the pause button is a little silly. Ok, I can perfectly understand the fact that this company is suing Tivo for use of a practice (I don't even consider this technology) that they own without appropriate royalties, etc. However what I don't understand is how the govt can possibly justify giving somebody a patent on something mundane as pausing television. If it was the technology of pausing television then yes (all the hardwork went into developing that technology). But for the concept? What if someone had patented the idea of a button on an html page. (Bare with me here). Its not all that different, neither were implemented technology. Would the world wide web consortium have violated that patent when they decided on html? I know the comparison is kind of rediculous, but isn't the idea of patenting a concept alittle rediculous too? In a perfect world/democracy an idea should be open, with technique being patenable. That seems to be the best way of conserving competitiveness while protecting accomplishment.

    --

    can't sleep slashdot will eat me
  69. It *was* an original idea! by h4x0r-3l337 · · Score: 2, Insightful
    Pausing. Obviously, a new idea, and one worthy of patenting. I think I'm going to patent the play button.

    Of course this thread will degenerate into rants along the lines of "I will patent breathing", but despite the snide remark, back in 1992, pausing LIVE TV was definitely an original idea. Remember, digital VCRs didn't exist back then. Video capture cards were hideously expensive and reserved for professional video editors. At that time, the idea that you could pause live TV and then start playing it again while it was still recording was unheard of.

    1. Re:It *was* an original idea! by Anonymous Coward · · Score: 0

      It's the _implementation_, stupid. Who cares about the idea, you patent the method, not ideas. That's the tricky part. Just making up cool shit and patenting it doesn't cut it, you have to implement it, build a prototype or a design.

    2. Re:It *was* an original idea! by Zeinfeld · · Score: 2
      Remember, digital VCRs didn't exist back then. Video capture cards were hideously expensive and reserved for professional video editors.

      Not true. There were enough low end ones arround for quite a bit of material captured with a frame grabber to appear on alt.binaries.pictures.erotica

      Real time video editing rigs may have been expensive but that does not stop them being prior art. The idea of making professional gear cheaper and selling it to consumers is not patentable.

      The fact that Tivo is giving the patent troll the finger is by far the most significant indication of what they think of the patent. They will have done due dilligence and probably obtained a non-infringement opinion.

      The fact that Motorola bought a license is irrelevant. The terms on which they bought the license are unknown. They probably got a license sold to them cheap so pause tv could claim some credibility when they went after Tivo. My policy (which is currently my company's policy) is we don't pay off patent trolls under any circumstances, even if they offer us a permanent royalty free license. As a result we spend several millions on fighting lawsuits that should never be filled. However we don't just walk away after we win, we then go on to file vexatious litigation suits against the plaintifs and if appropriate civil perjury suits against the original inventors.

      --
      Looking for an Information Security student project suggestion?
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    3. Re:It *was* an original idea! by h4x0r-3l337 · · Score: 1
      They will have done due dilligence and probably obtained a non-infringement opinion

      Uhm... why?
      Just because they use linux doesn't mean that they are super-human. It is quite possible that they, like everyone in this forum, thought that this was a "trivial" thing, and didn't bother checking if anyone had done, or patented, it before. The fact that Motorola decided to pay the licensing fees should give you some indication as to how "non-infringing" such a system is.

    4. Re:It *was* an original idea! by Demidog · · Score: 1
      Real time video editing rigs may have been expensive but that does not stop them being prior art.


      Yes it does. Real time video editing rigs are based on the media being attached to the editing console.


      The invention here is capturing broadcast signals and allowing for a buffering of the signal such that the user can pause and resume without ever changing the input signal. If there is anything that could be compared as prior art it would be the laser printer which receives a broadcast, buffers the signal and sends the output to the page. The laser printer has controls which allows the user to pause printing, stop printing and even change the number of copies.


      A video editor has the luxury of a pre-recorded tape(s) at his disposal. If he were to attempt to edit a live broadcast, his equipment couldn't do it. In fact Tivo can't do it either. The two functions are disparate and unique.


      I suppose that if one were to agree that the laser printer is closer in raw functionality and design, then you would have to fault the patent examiner for not understanding technology to search patents in unrelated fields.


      On the other hand there is an obvious difference in the medium here and that may justify a patent.

    5. Re:It *was* an original idea! by Zeinfeld · · Score: 2
      The fact that Motorola decided to pay the licensing fees should give you some indication as to how "non-infringing" such a system is.

      The standard ploy of a patent troll is to sell an early license cheap for the sole purpose of making fools like yourself think 'well if Motorola paid $500 for a license they must have spent $20,000 checking its validity.

      Or maybe you are a patent troll trying to smurf the worthless patent?

      I have fought patent lawsuits in the past and I am involved in one now. I know how patent trolls operate. Selling credibility licenses for free is a standard ploy.

      Tivo will have obtained a non-infringement opinion because by doing so they avoid the triple damages for willful infringement. Before filling a lawsuit Pause will have sent out a letter putting Tivo on notice of their patent claims so they can claim triple damages.

      --
      Looking for an Information Security student project suggestion?
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    6. Re:It *was* an original idea! by Zeinfeld · · Score: 2
      A video editor has the luxury of a pre-recorded tape(s) at his disposal. If he were to attempt to edit a live broadcast, his equipment couldn't do it. In fact Tivo can't do it either. The two functions are disparate and unique.

      I said live video editing because that is what I meant. They have existed for live action replay of sports events for twenty odd years. Disk based rigs have existed for at least ten.

      In 1990 that type of rig cost hundreds of thousands. Quantel(?) used to make them for the likes of the BBC and NBC. They were the systems used to show the viewers Balisteros the shot made a few minutes ago while the station was showing Faldo.

      --
      Looking for an Information Security student project suggestion?
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    7. Re:It *was* an original idea! by Demidog · · Score: 1

      Yes I know what you meant and sorry for the bad choice of words. The video editor in this case has multiple camera feeds. He doesn't get to pause or rewind the feed.

      He simply changes the views and consolodates those feeds into a broadcast or into tape.

      Or, say in the instance of a sports event, he stores feeds and plays them back later such as in an instant replay situation.

    8. Re:It *was* an original idea! by Anonymous Coward · · Score: 0
      I have fought patent lawsuits in the past and I am involved in one now

      Did you ever win, or are you just one of those slashdot-bots who think they're cool if they say that they are "fighting the system"?

    9. Re:It *was* an original idea! by Zeinfeld · · Score: 2
      Yes I know what you meant and sorry for the bad choice of words. The video editor in this case has multiple camera feeds. He doesn't get to pause or rewind the feed.

      Tapeless systems have been arround for ten years, long before the patent issued.

      Yes you do get to pause the feed. The fact that the device does much much more is irrelevant. It provides that function and does so in the manner specified in the patent.

      --
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    10. Re:It *was* an original idea! by Zeinfeld · · Score: 2
      Did you ever win,

      No, but I have never lost. I hesitate to call it a win when the verdict is in your favor but you have a $2 million plus legal bill.

      It is not a matter of fighting the system, we know that if we ever pay off one of the patent trolls we will be hit by a flood of spurious claims. The troll lawyers are like confidence tricksters, they share information on marks that have paid up in the past. And no, I don't thing the lying theives can be trusted to keep a confidentiality clause.

      It is an extortion racket pure and simple.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  70. Reissued?? by Flower · · Score: 2

    What does "reissued" mean on their patent? Does this patent bite the dust in 2009 or 2017?

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
  71. spamming /. pateNTdead by Anonymous Coward · · Score: 0
    We've already appLIEd for the patent for spamming /. comments section, so don't even think about IT.

    you could however, consider getting a trademark (or something) for IT, should you acquire this unpatentable URL from us, due to your interest in the brave gnu world of open/honest communications/commerce, & your ability to follow some simple directions. IT may not be as exciting as goats.ex, but likely much more useful.

    djia hear the one about billoneous payper LieSense bs ?pr? fud, being dead? it is as far as we're concerned.

    don't be the only one in the wwworld who hasn't seen the face scans of the REAL .commIEs, at our aNTease cite.

  72. It doesn't have to be video by 91degrees · · Score: 1

    The patent says that this records audio or video. Hard disks were probably quite capable of recording a more than adequate length of audio back then.

  73. But did Tivo *know* about Pause's patent by jswitte · · Score: 3, Interesting

    I agree with the argument that an obvious idea at time x may not have been obvious at time x-10, so was worthy of a patent then. But AFAIK, Tivo didn't use Pause Technologie's implementation of the "compressed-video-FIFO" of whatever they called it. Tivo reinvented the same idea again, probably without knowing about Pause's patent (this alone makes it sound like a submarine patent). IMO, independent invention, if not being totally illegal.

    The idea of patents is to reward people (for a limited period of time) for the work of creating useful inventions/ideas by being able to charge people money to use them. If I come up with a nify way to make a magnet out of cerium and boron somehow (not magnetic AFAIK, but if it is, I get first dibs ;-), I should be allowed to patent it and sell that implementation. If someone else comes up with the same idea, and it turns out they stole it from me (trade secret for instance), I should be able to sue them. But if they work for 10 years and come up with the same formula, without ever knowing that I had, I shouldn't be able to ay anything.

    Of course, pantents are public record (at least some parts of them are), so it could be very difficult to prove that Tivo "had no knowledge of Pause's patent" prior to coming up with the Tivo machine. This would always be a problem with patents, more so when the idea is a 'simple one' ("gee, I was browsing the patent database one day and saw this one about pausing live tv. I didn't look at it, but that could make a lot of money" Does that constitute "knowledge of the patent? I don't know)

    1. Re:But did Tivo *know* about Pause's patent by Anonymous Coward · · Score: 0

      Whether they knew or not is irrelevant, ignorance is not a valid defense. You're supposed to research your device for all possible patent infringements, that's how lawyers make money, dontcha know?

  74. fuck pause tech. love live tivo! by Anonymous Coward · · Score: 0

    come on you pussies, fire up your fork'd wget scripts, find a nearby oc-3, plug in, and slashdot the hell out of these people!

  75. You missed the point. by Anonymous Coward · · Score: 0

    "Pause"ing is what buffers were invented for in the first place. A buffer is also known as a queue, or a line. They all serve the same function, to regulate activity.

    The first known usage is over 70,000,000 years ago when the scavenging dinosaurs lined up and waited for the bigger ones to eat their fill of brontosaurus brugers.

  76. yeah, exactly by Ender+Ryan · · Score: 2
    Yeah, exactly, pausing live T.V.

    "It's a patent on the concept of freezing a live feed and buffering the incoming picture"

    Isn't that "pausing" live T.V.?

    This is a type of pausing, so, you're wrong...

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  77. one person by mach-5 · · Score: 1

    It looks like Pause Technologies is a one person company. I think this guy pretty much came up with the obvious idea knowing that it would be possible some day, but never build a prototype, then made the patent. Really, I wonder if this guy even has a schematic or any technical documents describing in more detail how it works.

    Hmmm. I think I will start a company, call it Warp Technologies and patent a device that makes travel in excess of 300e6 m/s possible. That way, when the warp engine is finally invented, I can rake in the dough without even having think about how the technology works, because I already patented it!

    1. Re:one person by uberdood · · Score: 1

      you'll be cold and dead before collecting money. after all, e=mc^2 still (_basically_) holds in star trek (at least in regards to ship movement). at warp 9, the ship is still moving slower than the speed of light.

      (honestly, this isn't a troll.)

      --
      "Population 1,656"
  78. Re:I think this says it all about Pause Technology by liquidsin · · Score: 1

    So then the sole function of this company is to buy patents and send their legions of lawyers after everyone in sight. There should be some law against this. I'm all for getting what you're owed, but it's not like this is a company or individual that invented the technology. All they did was buy the patent off of someone else for the purpose of sending out the attack lawyers. IMHO, we need laws to make patents non-transferable. If some entity wants to license the technology, fine, but they shouldn't be able to outright buy the patent. Then again, I'm an idiot, so take it for what it's worth...

    --
    do not read this line twice.
  79. Double buffering. by Anonymous Coward · · Score: 0

    This sounds like double buffering graphics to me. With a few more buffers. Tripple buffering, 100 buffering, 5000 buffering. Who cares. It has been done for 20 years.

  80. Re:Application of _circular_ buffer by Havokmon · · Score: 1
    Circular buffer? Wouldn't that mean a closed loop?

    Tivo needs to patent the 'Slinky Buffer'. When you pause 'live tv' your slinky is squeezed (i.e. time is compressed), you can then move quickly through time to reach 'now', which is a completely stretched out slinky.

    I don't understand the circular buffer. In any case, wouldn't the 16550 UART be prior art? Incoming data is buffered, and you don't actually see the data at the precise moment it arrives at your pc.

    --
    "I can't give you a brain, so I'll give you a diploma" - The Great Oz (blatently stolen sig)
  81. Why Patents are bad. by Anonymous Coward · · Score: 0

    Patents are designed to screw over independent re-inventions. Patents are gov't granted monopolies - the very antithesis of captialism and free markets.

    Volvo patented crumple sections in cars. How many people died in the 17 years after that? because the licensing fees would have raised the price beyond the free market level?

    1. Re:Why Patents are bad. by catphile · · Score: 1

      The monopoly given by the government is in exchange for sharing your invention with the world. The patent system increases the amount of publicly owned ideas by giving this carrot to those who might otherwise keep their new knowledge to themselves.

      And the patent system also protects the little guy against having a big-capital rich corporation take his idea and use it for their greedy profit. This is a good thing.

    2. Re:Why Patents are bad. by unitron · · Score: 2

      If Volvo hadn't patented it, some other company (with the help of industrial espionage) would have before Volvo actually started production (so that they couldn't prove prior art) and then Volvo would have had to pay some other company royalties in order to use their own idea.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  82. What if you were the inventor? by Anonymous Coward · · Score: 1

    So the original author of this patent sold out to Pause. So what? It doesn't mean his claim has no merit.

    It's unlikely that any single individual would have the legal resources to fight off even a smallish corporation. Litigation is expensive, and a little guy wouldn't stand a chance against Tivo in court. Selling out to a bunch of lawyers is the only way this inventor will see a dime.

    If this patent has been on the books since '92, don't Tivo, et. al. have some liability for ignoring it?

    If this inventor was the first with an idea, he is entitled to a limited-duration monopoly to try and develop it. Not because it benefits him, but because providing protection and encouragement for inventors is for the good of the entire public. If you don't believe that, your argument isn't against this patent, it's against the entire patent system.

  83. Not unheard of; people knew the tech was coming by mmacdona86 · · Score: 1

    and this was an obvious application.

  84. Bring back the Use Doctrine... by Anonymous Coward · · Score: 1, Insightful

    There was a time when filing a patent alone was not enough to protect an invention. The original intention of patent law was to encourage to spread of knowledge and advancement of technology in a fledgling nation. Paten protection arose to protect innovators who would otherwise be tempted to keep IP secret rather than to expose it and risk its theft. Why not then bring back the requirement, as it used to be, that the idea has to be implemented in a commerically viable way or declare the patent protection period over? The reason this requirement was lost was that large corproations like ot patent squat to stifle innovation by small firms: if you file enough defensive patents around your products, and have a big company's legal resoruces, you can bully and bar small companies from competition with you. So much for entrepreneurship. A lot of innovation is being squelched by these patent squatters who file a broad patent and then wait for someone else to make something similar and commercially viable in order to pounce. This is not in keeping with the spirit and intention of patent law. Sure the concept was patentable by Pause but TiVo made it work and so should have been able to wrest the patent from Pause after a period of say 5 years if Pause did not capitalize on it. Otherwise innovation gets locked away to noone's (except ligitgators) benefit. That's not what the founders of this country appear to have intended.

  85. bull... shiii... iiittt by Ender+Ryan · · Score: 2
    9 years ago I thought of this all the time. Everytime I had to piss and missed something on T.V., I thought, damn, I wish I had an always on VCR that constantly kept like .5 hours of T.V. "buffered" so I could pause the T.V. and not miss anything.

    It's a really, really, really, really simple, obvious, non-novel concept. Actually, before I even knew what a fucking Tivo did, I started working on a Linux box to do this.

    I guess I'm just a freaking genius then, since this is supposedly such a novel concept. I should have patented this 10 years ago when I was 13... right...

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:bull... shiii... iiittt by LordNimon · · Score: 1

      If you had published an article on it, or even just made a Usenet post about it, that would constitute prior art, and you could give that information to TiVo so that they can nullify the patent.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    2. Re:bull... shiii... iiittt by Anonymous Coward · · Score: 0
      Islam is a peaceful religion that doesn't condone violence. Osama bin Laden & the Taliban don't understand that

      Yet there are sections of the Koran that in no uncertain terms call for the slaying of all non-believers. Try verse 9:5 for example.

  86. Seems too obvious by Anonymous Coward · · Score: 0

    I considered some home built projects involving video in the mid to late 80's but a review of the available technology placed the price beyond my reach. From my point of view as an engineer, in conceptual terms, this was probably thought of manys times between 10 and 20 years ago and not done because of the cost. I am sure that the general concept was even being executed in some manner in the 80's. It seems that the simplest most obvious concepts of those "skilled in the art" are being patented through an agency that I am suprised has not issued a new patent on the lever (the oldest and simplest tool known to man)executed with software control. Or maybe they have and I don't know about it.

  87. Oh, please! by Giant+Hairy+Spider · · Score: 5, Insightful

    This completely fails the obviousness test.

    Patents are to protect mechanism not functionality. Once you decide you want the functionality of pausing a live broadcast, any halfway bright techie could give you a dozen different buffering methods (buffer on tape loop, buffer on disk, buffer on drum, buffer in RAM, etc.). All of these mechanisms are obvious, because they would be generated in a short brainstorming session with a small random selection of video engineers (i.e. people with ordinary skill in the relevant art), and would likely be generated by any one randomly selected video engineer.

    It's very important that the functionality is not patentable, because the function is exposed in marketing, while the mechanism might be kept secret, and the main purpose of patents is to encourage publishing of what would be trade secrets.

    This is the worst kind of idiotic patent: very vague on mechanism, later used to attack anyone implementing the same functionality. Just like those jerks who tried to sue everyone using FMV in games because they had a patent on a playback-on-demand system (never mind that they specified a completely unrelated mechanism).

    --

    ---
    You'd be surprised at the broadband connection available to things crawling around in your hair.
    1. Re:Oh, please! by IronChef · · Score: 4, Funny

      All of these mechanisms are obvious, because they would be generated in a short brainstorming session with a small random selection of video engineers (i.e. people with ordinary skill in the relevant art)...

      I read that to save money the Patent Office has stopped consulting with experts. Instead, they have taken a pool of homeless people and cross-trained them in a little bit of every field. To keep them working, all it takes are some smokes and cheap wine.

    2. Re:Oh, please! by mpe · · Score: 2

      Patents are to protect mechanism not functionality. Once you decide you want the functionality of pausing a live broadcast, any halfway bright techie could give you a dozen different buffering methods (buffer on tape loop, buffer on disk, buffer on drum, buffer in RAM, etc.)

      Also they are ment to protect original ideas. Mechanisms to "pause" "live video" (and for that matter audio) have been around for at least 20 years before this patent even came into being. The advantages of modern machines is that they can store much more data (hours rather than seconds) also are cheap and small enough that many people (rather than just television stations and research departments) can afford them.

    3. Re:Oh, please! by unitron · · Score: 3, Funny
      "To keep them working, all it takes are some smokes and cheap wine."

      So *that's* what they do when they aren't moderating on Slashdot.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  88. Re:Application of _circular_ buffer by mocm · · Score: 1

    Since the disk space is not infinite it must be a circular buffer. Actually any kind of buffer that can be written to and read at the same time, without the read and write areas overlapping would fill the
    requirements. So it is trivial in any case.

    --
    ***Quis custodiet ipsos custodes***
  89. I thought TIVO used hard disk not memory by iconnor · · Score: 1

    The patent mentions "The circular buffer is implemented by a digital memory". To me there is a difference between permanent storage (hard disk) and memory (RAM). The delay when TIVO starts is because it uses the hard disk not RAM.
    If this is the case, then they are using a different mechanism and this patent does not apply. TIVO is much more than a "pause" system.

  90. How Tivo Works... by slashkitty · · Score: 4, Insightful

    Tivo never actually plays live TV. It only plays recordings. Tivo is constanly recording the incoming video stream. The interface that you have is just a playback of recorded programs, including the current "live buffer". However, you can never actually watch live tv, the closest you can get is a ~2 second delay. Everything you see is coming directly off the harddrive... Maybe this is enough of a difference to not be infringing?

    --
    -- these are only opinions and they might not be mine.
    1. Re:How Tivo Works... by mindstrm · · Score: 2

      Good point! quite possibly.

      It doesnt' take much to get around a patent...

      I recall a company that did machines for automatically sizing & cutting logs, (the lumber industry). They had a laser measuring device.
      They got around another company's patent on a machine simply by putting some 'filters' in front of some of the lasers to attenuate them. The original patent specified that output power of some lasers were equal.. they just did it unequal. It wasn't that important to the patent.. but due to the wording, made their device 'new'.

    2. Re:How Tivo Works... by Anonymous Coward · · Score: 0

      Unfortunately the way you describe how TiVo works is exactly how the patent describes their "invention" with the sole exception that the patent calls for a "circular buffer". This
      means that TiVo has to be updating an index
      to memory that rolls over to an initial value
      when the maximum is hit. To get around it,
      they would simply need to avoid doing that.
      Perhaps it can be done if TiVo doesn't already
      avoid the "circular buffer".

  91. No, it wasn't. by Dlugar · · Score: 1

    When I saw Tivo, I thought "it's about time!" This sort of thing has been around for a long time. Expensive, yes, but around. And definitely not "non-obvious".

    Dlugar

    --
    Computer Go: Writing Software to Play the Ancient Game of Go
  92. Warp Drive by Anonymous Coward · · Score: 0

    No, its already been done by Paramount and Star Trek in the 60's. You get nothing, but the inifinite energy yeild from dilithium when you find it.

  93. What about ATI? by RainbowSix · · Score: 2

    The AIWs do this too, just no mention.

    --
    --------
    It's OK to be social, just don't tell anyone about it.
  94. TiVo has plenty of patents... by mblase · · Score: 2

    ...including this one from 1999. It looks remarkably similar to the one that Pause Technology is trying to concoct, except more thorough and clearly with a physical implementation in mind.

  95. Correction by Giant+Hairy+Spider · · Score: 3, Insightful

    This particular patent is apparently not terribly vague on mechanism. So it's only the second worst kind: patenting a totally obvious approach while it's too expensive to implement, so you can go and pester everyone when it becomes feasible.

    --

    ---
    You'd be surprised at the broadband connection available to things crawling around in your hair.
    1. Re:Correction by mendepie · · Score: 1

      This could be a loophole for Tivo and friends. A patent must specify the "Best Known Method (to the inventors)" or the patent is invalid.

      I have a patent lawyer give me a example of this before.

      --

      Are you paranoid if you know that they just want to know everything you say and do?

  96. Re:Jokers please post under this thread... by roju · · Score: 1

    Since this thread has been dedicated to it, and you bring it up, could we patent n-click (where n>1) purchasing? Thus we kill all the competition in one stone. Hell, Amazon should do it. They patented 1-click, they patented n-click, thus they own all clicks :)

    I know, I know, the jokes are getting old (hence this thread)...

  97. Re:It was probably new 9 years ago - NOT by Anonymous Coward · · Score: 2, Interesting

    It wasn't that new of an idea, even in 1992. I remember an "I Dream of Jeannie" episode where, at the end of the episode, Jeannie wants to go out and do something, and the dude that Larry Hagman played wanted to watch a very important football game. Jeanne blinked, paused the TV, and presumebly, when they got back Jeannie blinked again, and the game continued.

    So the idea of pausing live TV has been around since at least September 1970 (When the last original episode of Jeannie aired), and probably around alot longer then that.

  98. correction by jpostel · · Score: 1

    Patent number is RE36801

    --
    Ummm, Jon, aren't you supposed to be dead...? - Otter(3800)
  99. Correct me if I'm wrong.. by mindstrm · · Score: 2

    But you can't be sued for infringement unless you knowingly infringe.
    If you didn't know there was a patent, and the patent holder didn't tell you, they can't sue you for damages, no?

    I thought they could only go for damages after they inform you of the patent and you ignore them.

    1. Re:Correct me if I'm wrong.. by powerlinekid · · Score: 1

      Even if that was true they know now don't they? The law works in mysterious ways... especially when it involves money.

      --

      can't sleep slashdot will eat me
  100. why the need for discussion by Stalcair · · Score: 1
    this is obviously just confusion between ideas and implementations. After all, radio stations and TV stations have been doing a minor form of this for a VERY LONG TIME. Most people know about the '10 second delay'. That is in essence the very same thing. You simply buffer the time, then have a maximum of 10 seconds to correct what happened.

    Sort of the history eraser button... 'cept different!

    --

    I seek not only to follow in the footsteps of the men of old, I seek the things they sought.

  101. Unfortunately, in patent law.. by mindstrm · · Score: 4, Insightful

    It doesn't matter if you independently come up with the idea, or if you use someone elses patent as a source of information. Either way, you are infringing on their patent.

    You might be right about lawsuits though... I don't think you can sue for infringement if the other party was not aware you had a patent. EVen worse, if the patent holder knew about it and didnt' say anything. I think you can only sue for damages if you tell them about your patent and they ignore it.

    1. Re:Unfortunately, in patent law.. by Sabriel · · Score: 1
      It doesn't matter if you independently come up with the idea, or if you use someone elses patent as a source of information. Either way, you are infringing on their patent.
      So we're all screwed when ET shows up and hires a law firm?
  102. Looks like Tivo already handled it by latneM · · Score: 3, Informative
    If you look at A Tivo Patent (6,233,389) they discuss prior art.

    The use of digital computer systems to solve this problem has been suggested. U.S. Pat. No. 5,371,551 issued to Logan et al., on Dec. 6, 1994, teaches a method for concurrent video recording and playback. It presents a microprocessor controlled broadcast and playback device. Said device compresses and stores video data onto a hard disk. However, this approach is difficult to implement because the processor requirements for keeping up with the high video rates makes the device expensive and problematic. The microprocessor must be extremely fast to keep up with the incoming and outgoing video data.

    It would be advantageous to provide a multimedia time warping system that gives the user the ability to simultaneously record and play back TV broadcast programs. It would further be advantageous to provide a multimedia time warping system that utilizes an approach that decouples the microprocessor from the high video data rates, thereby reducing the microprocessor and system requirements which are at a premium.

    Just for reference, U.S. Pat. No. 5,371,551 is the Pause Technology Patent. So not only was Tivo aware of this patent, they talk about the shortcomings and why their way is better.
    As an aside, it looks like if the Tivo is infringing on the patent, it's only the stand alone unit. Their DirecTV receivers with Tivo do no compression.
    1. Re:Looks like Tivo already handled it by rudedog · · Score: 1

      As an aside, it looks like if the Tivo is infringing on the patent, it's only the stand alone unit. Their DirecTV receivers with Tivo do no compression.
      Technically, when a standalone tivo pauses live tv, it does no compression either. The live tv stream is stored uncompressed, even if the recorded programs are stored compressed. Just try hitting the record button during a show when your tivo is nearly full. There won't be enough room to record the rest of the show without losing a significant number of your existing recordings.

  103. Keep the stupid remarks in the comments by harlows_monkeys · · Score: 0, Offtopic
    Pausing. Obviously, a new idea, and one worthy of patenting. I think I'm going to patent the play button

    How about leaving the stupid remarks out of the story?

  104. Where is MicroSoft in all of this? by StormCrow · · Score: 1

    One thing that strikes me about this is that I don't see any mention of them sueing or licensing to MicroSoft for UltimateTV. I wonder if MS is one of the "investors" here, or if Pause just knows they'd be stomped flat in a patent fight with MS.

  105. Re:Application of _circular_ buffer by Havokmon · · Score: 1
    Yeah, you jaunt over to pricewatch.com , and get a couple of those 100GB drives for $230, and I'll show you your 'drive space isn't infinite'.

    Bah! :)

    --
    "I can't give you a brain, so I'll give you a diploma" - The Great Oz (blatently stolen sig)
  106. Recursive posting by Evro · · Score: 1

    Since the story itself had one such comment, it should be filed under this thread. Infinite recursion, noooooooo!

    --
    rooooar
  107. Pausing live TV is at least 30 years old by Anonymous Coward · · Score: 0

    I find it hard to believe these weenies aren't aware of instant-replay as is used in televised live sports. That's been around for at least 30 years and has always been capable of doing what is claimed in the patent.

  108. Translating analog to digital by TomRC · · Score: 2, Interesting

    I think a lot of what people object to in patents like this is that they basically just use obvious and commonly known methods to translate old analog inventions to digital "inventions".

    Yeah, there's a small spark of "genius" in being the first to realize digital has advanced far enough to emulate a particular analog device - or at least in thinking of patenting it - but even that is VERY heavily trod ground.

    There ought to be a principle established that no patent is granted on inventions that are simply translated from one fundamental technology to another. Once we work out common design principles for quantum technology, let's NOT have a "quantum pause" patent...

    1. Re:Translating analog to digital by mpe · · Score: 2

      I think a lot of what people object to in patents like this is that they basically just use obvious and commonly known methods to translate old analog inventions to digital "inventions".

      Or in extreme cases simply using a "computer" leading to some very old technique being considered "innovation".

      Yeah, there's a small spark of "genius" in being the first to realize digital has advanced far enough to emulate a particular analog device - or at least in thinking of patenting it - but even that is VERY heavily trod ground.


      This is the point a lot ot areas should be very much "one shot" when it comes to pantenting. Once the first person has done it the other applications in the same area of technology might well become "obvious".

  109. welcome to the PTO casino by mj6798 · · Score: 3, Insightful
    The question ought to be "given this problem, can an engineer familiar with digital audio/video easily come up with a solution for solving it", and I bet most people skilled in the art would be able to. And since this kind of buffering is a standard, widely used technique in many areas, someone skilled in the art should have been. In fact, many people clearly did think of the application of this technique to radio and video independently.

    What the patent is actually on is a market niche and a gamble: someone paid several thousand dollars betting that this market niche would become lucrative enough within the lifetime of the patent to recoup the cost. It's like a big gambling parlor.

    1. Re:welcome to the PTO casino by Anonymous Coward · · Score: 0

      Except you're not given a nice, neatly-wrapped problem. You're given the status quo.

    2. Re:welcome to the PTO casino by stapedium · · Score: 1

      The question isn't whether and engineer could come up with a similar solution, it is has an engineer come up with that solution before this guy filed the patent. If we used your criteria, engineers and R&D companies would be out of a job since patents are essentially the reson their work is valuable.

  110. Re:It was probably new 9 years ago - NOT by Oliver+Wendell+Jones · · Score: 1

    And I for one would love to see that used as prior art in a patent infringment trial.

    You see, your honor, in this I Dream of Jeanie episode, where this very idea was first used....

    I remember seeing a Frank and Ernest comic strip a few years back (not sure if it pre-dates the patent or not) where they said they always turn the TV off when they leave the house, that way they don't miss any of their shows..

    --
    A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
  111. Video Pausing in 92? by Skuld-Chan · · Score: 1

    I used to work in TV and I think the only technology that could do this in 92 (and prior to that) are instant replay machines - which were in essense computers with huge magnetic disks in them (like disk drives, but more like video tape) which could buffer video in real time - kinda like a huge TBC (which also buffer video, but only for seconds)

    This would pause any video signal - and even let you rewind (thus the replay), but when you hit the release button it would of course not leave you off where you were watching - just like a video recorder. I guess the neat thing about these machines was the abilty to capture video at any time, then play it back at any speed.

    This is not a new idea - I believe the technology to do this has been around since the 70's (maybe even earlier) - if thats what there patenting...

  112. hah. I love this from the gotuit video site: by Mandrake · · Score: 2

    Gotuit Video, Inc. is a wholly owned subsidiary of Gotuit Media, Corp. Both companies were founded by Logan, who is also the founder of MicroTouch Systems, Inc. (MTSI) a $160 million manufacturer of touch screen systems. He was a board member of Andover.Net, parent company of famed tech community Slashdot and a leader in the Open Source movement, which was recently sold to VA Linux.

    Gotuit's prominent board of advisors includes Harvard Law School Professor Terry Fisher, a leading authority on Internet and copyright law; Joel Harrison, cofounder of the Quantum Corporation; Mark Pascarella, EVP of The Topol Group LLC; Brian Zisk, cofounder of the Future of Music Coalition and Green Witch Internet Radio; and Kevin Liga, CTO of interactive TV company, ACTV.

    --
    Geoff "Mandrake" Harrison
    Some Random UI Hacker
  113. Recursive posting by pmc · · Score: 2
    Since the story itself had one such comment, it should be filed under this thread. Infinite recursion, noooooooo!
    Since the story itself had one such comment, it should be filed under this thread. Infinite recursion, noooooooo!
    Since the story itself had one such comment, it should be filed under this thread. Infinite recursion, noooooooo!
  114. agreed by sckeener · · Score: 1
    It looks to me that this company was founded after TiVo and Replay were already products. They must have bought a patent from someone so they could try to exploit other companies that actually did something with the technology.

    I'd like to see a time limit on selling patents. Something like 3 years sounds good to me. I think that would stop all these silly and expensive lawsuits. No longer could company X buy company or patent Y just so they could sue company Z. Like wise 3 years is enough time to find a buyer for a patent. For all those /.ers that think selling patents is wrong first look at IDEO. Selling patents are a good idea as it keeps researchers and sales seperate and lets everyone perfect there respective industries...IMHO of course...

    --
    "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
  115. Doctrine of equivalents by Anonymous Coward · · Score: 1, Interesting

    Doesn't the doctrine of equivalents mean that you can infringe a patent without having an identical architecture?

    Patents like this wouldn't be so objectionable if the doctrine of equivalents didn't give them such a broad scope, and didn't create such a chilling effect on further innovation.

  116. crap ass slashdot. by Anonymous Coward · · Score: 0

    stupid wait a minuite cowboy thiny stoped me from posting a real comment and i forgot what i was posting so this is it now.

  117. Re:I think this says it all about Pause Technology by catphile · · Score: 1

    If people were not allowed to sell patents, that would leave patent protection only for those who had the capital to mass produce their inventions. What about the guy who has a million ideas, but only a hundred dollars? Of course we should let him sell his ideas to those who can do something with them!

  118. Ideas aren't patentable by poot_rootbeer · · Score: 1


    Pause Technologies does not have a patent on the idea of being able to pause a live TV stream.

    They have a patent on a mechanism, a process, an implementation of one way that an end user can appear to pause and resume viewing a live TV stream.

    Whether Tivo used this patented implementation in their own designs is something for the courts to decide.

    -Poot

    1. Re:Ideas aren't patentable by topham · · Score: 2

      First, I'd like to shoot anybody who claims you cannot patent an idea. The american Patent office seems to do a good job of issuing patents for ideas.

      When a mechanism, a process and an implementation of a way for an end user to perform the action specified in the idea is SO BLOODY OBVIOUS TO ANYBODY in the industry there is ngeligable difference between patenting an idea, or a mechanism/process/implementation.

  119. PAY UP! by Newer+Guy · · Score: 1

    I have a patent titled: "Concurrent drawing in and exhausting of air by living things" SO PAY UP OR STOP BREATHING!!!

  120. Leonardo... by bl1st3r · · Score: 1

    Didn't either he or Michalangelo invent a helicopter way before it was possible to actually be constructed...?

    I think they just patented the idea in the plans of actually being the first to create and market a product, then fall short for whatever reason, but still want to maintain control over the patent.

    --
    hrrm.
  121. ...patents must not be obvious. by yerricde · · Score: 1

    It doesn't matter if you independently come up with the idea, or if you use someone elses patent as a source of information. Either way, you are infringing on their patent.

    However, a clever attorney could use independent invention as evidence that the invention in question did not deserve a patent because it was so obvious as to make it inevitable that somebody would reinvent it.

    --
    Will I retire or break 10K?
  122. This doesn't seem that novel by grahams · · Score: 1

    How is this different from the "tape delays" used in radio and television to protect against when someone curses when Howard Stern is live, or when Madonna talks like a drunken sailor on Letterman?

    I mean, I am sure that hindsight is 20/20, but this doesn't seem that novel to me, even as a TiVo owner... I never thought the technology in the TiVo was very new, just recently cheapified....

    sean

  123. Bad idea.. by iceT · · Score: 2

    I still say it's a bad idea to allow a patent on just an idea without a 'reference implementation. That would stop these people from patenting ideas and just laying in wait until someone implements your patent, and then you can jump on them.

    If there's not a working implementation of your idea with 12 months, the patent is invalid.

    --
    -- You can't idiot-proof anything, because they're always coming out with better idiots.
  124. prior art ? by terrymr · · Score: 1

    This patent basically describes any kind of variable digital delay circuit. Does this make it a new invention ?

    If this kind of thing were legal microsoft would have patents on word processors and everything else by now.

  125. ... and how long did this take ? by SnapperHead · · Score: 1

    The thing that really suprises me about patents, is how long it takes patent holders to respond. TiVos be around for a few years, and this patent is from 1992 ... What takes so long to respond. Oh gee, I forgot I had that patent. I am sure at least one of there employees must have relized this eailer.

    --
    until (succeed) try { again(); }
  126. Kinda non-obvious...but... by AndyChrist · · Score: 1

    Why is it there are so many cases where the patent holder doesn't come forward to bitch about something until a long while after the infringing product has come out? Are they just waiting to see if it is successful before trying to grab their piece of the pie?

    That would make some sense...if they want to see their idea succeed, it would be best not to impede it in any way as it is starting up. Still, it kind of smells to me.

  127. Ever hear of a FIFO? by nyet · · Score: 2

    This is what buffers and FIFO's are for... to allow transfer of data between two asychronous streams; specifically, when either the consumer or the producer has large amounts of jitter (hint: think PAUSE). All such buffers are circular, because making an infinite size FIFO is impossible. Hence: this patent IS obvious AND has prior art. Just because you think it is clever doesn't mean a damn thing.

  128. Dear Jackass by fuckface · · Score: 1
    I want to rename these type of patents the "Jules Vernes" or the "Leonardo DaVinci" patents. Can you imagine how rich either of those mens ancestors would be today if they had patented their ideas.

    Their ancestors most likely died before the inventors you mention. Perhaps their DESCENDENTS might have made some money if there was a patent system then.

  129. The Man Owns Slashdot Andover and your TIVO patent by docstrange · · Score: 1

    Gotuit Video, Inc. is a wholly owned subsidiary of Gotuit Media, Corp. Both companies were founded by Logan, who is also the founder of MicroTouch Systems, Inc. (MTSI) a $160 million manufacturer of touch screen systems. He was a board member of Andover.Net, parent company of famed tech community Slashdot and a leader in the Open Source movement, which was recently sold to VA Linux.

    --
    Remember that you are unique, just like everybody else.
  130. RealPlayer by Puk · · Score: 3, Interesting

    According to the RealNetworks web page, they've been around since 1995. They have been buffering incoming video while letting you play, pause, rewind, fast forward, and jump to live for quite a while. Doing the same to TV doesn't seem to be all that different. Is RealNetworks paying royalties to some company with a patent on it?

    God knows how long their predecessors in streaming video (possibly in research) have been doing similar things. Does anyone have any related info?

    People have been buffering streamed data forever. It's hard to believe (though not impossible) that no one ever paused that stream while still recording before 1992. If they did, this is just a logical extension, and probably not patentable.

    Of course, I'm sure their patent lawyers realize this and did their research and either concluded that 1) no one had done it before or 2) no one would sue them. :)

    -Puk

    1. Re:RealPlayer by uweber · · Score: 1

      Good point. But the main problem is, they are patenting the same idea millions of couch potatos had when they needed to go to the bathroom outside of a comercial break, you know the "wouldn't it be cool if I could pause Seinfeld while I'm pissing" idea. And the technology needed was developed for tv-studios long ago.

      --
      --Ulrich
      On no accounts allow a Vogon to read poetry at you
  131. A better system.... by CamelTrader · · Score: 1

    I don't like the way this looks. I could be wrong (I can't read much legalese) and they might be patenting some device or hardware, but I am always irritated when I see people or companies trying to make money off of one "pay us cuz we thought of this" idea. Why isn't every production company in the world paying Ford for the assembly line, then?

    "Intellectual Property", as its called, and its laws need to be revamped major league. It is at the core of many of 'our' (you know, 'us' - the opposite of 'them') problems. But what organizations or methods exist to allow us to speak out for change? To my knowledge, none - shouldn't this be as big an issue as open source? We geeks need to mobilize - we need a technology lobbyist group, or something, an organization that can influence law but not be devoted to a single issue. I would be a paying member of such a group - lots of people I know would.

    Let me add that in true geek fashion (or the geeks I know) I have no interest in founding such a project - projects mean lots of work, staying at the office late, mondo responsibility and jack squat if the project falls through. But geeks (like all people) come in all flavors, so surely one of us must have this kind of drive...

    --
    Your .sig is important to us. Please hold.
  132. Breathing... by Anonymous Coward · · Score: 0

    Does anyone own a patent on breathing, cuz there's a big market for that. Don't try and beat me to the punch, I thought of it first! Yes, I can see it now, it would involve a sequence of chemical reactions that would allow ambient oxygen to be absorbed into one's blood stream whereby it is transported throughout the human body to tissue cells. Imagine being able to charge people to breathe.

  133. Re:Sounds like a predator company to me -offtopic by stud9920 · · Score: 1

    if( read(this) ) { you = programmer; }

    If I can read the above, I must be a programmer, therefore you don't need to assign the expression "programmer" to me, as I already am. You should better assign "programmer" to someone who is not yet a programmer, like this

    if( !read(this) ) { you = programmer; }

    else you are only wasting CPU resource.

    Now if you wanted to describe a computer's reasonning, you should consider not using an imperative, procedural language, like "c". You should opt for a non-imperative language like "prolog". This would give something like


    read(this, you)

    programmer(X) :- read(this,X)



    which can be read as follows :

    1) it is stated that you can read this.

    2) For any give X, one can prove that X is a programmer, by proving that X can read this.

    Now an exercise :

    Knowing that :


    wrote("if( read(this) ) { you = programmer; }",NGeran)
    ,

    and assuming following law :


    isAWannabeProgrammer(X) :- wrote("if( read(this) ) { you = programmer; }",X),

    Which conclusion will any decent prolog inference engine draw about NGeran ?
  134. Ask Slashdot: How do I get a patent? by Anonymous Coward · · Score: 1, Informative
    I think the slashdot community needs to get a better idea of what is involved in getting a patent, and how to read a patent. The Patent Office has a good site on this. I know slashdotters have an attention span of about 30 seconds so I will summarize.
    • Determine the type of patent that is appropriate (design, utility, plant). For technologic innovations, it is typically this is design.
    • Fill out the ten sections of the patent app., paying special attention to the claims section as this is all you get legal credit for. You have to have to have a working implementation of whatever you claim, and what you claim cannot be the same as what is already out there or obvious based on what is out there (at the time of the application...not ten years later)
    • Pay your money and hope some of your claims are accepted
    • Receive rejected application with notes on rejected claims
    • Revise and resubmit application (and $$$)

      My take on this is that Mr. Logan and Goessling had a good idea, but too soon. The fact that it cost too much for them to implement the thing in 1996 does not invalidate the patent! And for those whining about needing a limitation on the time to bring a product to market, there is one. It is 16 years, the duration of the patent. It takes time to get the funding to bring a product to market.

  135. Give me a break.... by ziplux · · Score: 1

    Pausing. Obviously, a new idea, and one worthy of patenting. I think I'm going to patent the play button.

    This is exactly what the patent system was created for, new ideas. I agree, most of the patent (Amazon's 1 Click shopping comes to mind) infringment stories we hear about are stupid, but pausing live TV is an invention worthy of a patent.

    1. Re:Give me a break.... by uweber · · Score: 1

      This kind of tech needed has been out there in tv-studios all over the world for many years! Think slow motion, beeping out all the swearsin 10second shifted 'live' broadcasts. Thus the idea of selling the tech to 'normal' consumers should not be patentable.

      --
      --Ulrich
      On no accounts allow a Vogon to read poetry at you
  136. Re:It was probably new 9 years ago - NOT by TWR · · Score: 3
    Since the waterbed patent was invalidated by the appearance of a waterbed in "Stranger in a Strange Land," I Dream of Jeanie might be a completely valid prior art...

    -jon

    --

    Remember Amalek.

  137. I know of prior art, 85-86 by Anonymous Coward · · Score: 0

    I work for a company doing digital image processing from 85-89. We created a frame grabber to capture live video from a TV camera. store the information in storage memory. and then play it back.
    I was taking TV pictures of my family and playing it back for the kids. I was also able to do false colorazation. I think the company is still around.

    I would like to talk to someone about trashing this patent.

    svvsavage@yahoo.com

  138. Let's test your theory by IP,+Daily · · Score: 0

    I've made this offer before, and no one has taken me up on it, but I'm making it again. You say that this patent fails the obviousness test, and is invalid. I'm a patent attorney, and I've successfully invalidated patent claims through the Patent Office's re-examination process. If you provide me with the prior art necessary to prove that the patent is invalid, and pay the re-examination filing fee ($2520), I'll prepare, file, and prosecute the re-examination for free. It's one thing to complain that a patented invention is obvious because you have a gut feeling about it, and another to prove that it's invalid by backing up your contention with prior art and a good argument. If you don't like that these companies assert patents that you think are invalid, let's do something about it. Put your money where your mouth is.

    1. Re:Let's test your theory by Anonymous Coward · · Score: 0

      We're expected to pay them two grand for the privilege of volunteering to do their job correctly?! Once we prove they screwed up, do we get the money back, or are we just rewarding incompetence?

  139. What does "live" TV mean. by Anonymous Coward · · Score: 0

    Does "live" mean that it can't be recording and playing at the same time? Does it mean that it can be recording and playing, but there is a required gap between the two?

    To be nit-picky about it, there is a second delay between when live and when the TiVo plays the video stream. I can flip back a forth between my live stataion and my TiVo to prove it.

  140. Re:The patent (this guy has been gusy) by Boli · · Score: 2, Interesting

    Hey Telek, do a little more research before posting. Did you ever think there might be more than one "James Logan" in the USA? Those 17 patents that you found were from at least four different people living in MA, NH, WA, and CO during the 1990's.
    Check the facts!

  141. Multi-Click Shopping by Ada_Rules · · Score: 2, Interesting

    Every time I see one of these patents that obvious, I get the urge to try to submit a patent for "An error resitant approach to online shopping - Multi-click". The idea behind the patent would be to extend the Amazon one-click patent to require clicking more than once to buy something to avoid getting orders by mistake. As I understand Patent law it is ok to build on another patent it just means that if I sell the rights I for mine I have to get rights to the base patent first. In any case Amazon would own one-click but I would own all of the rest of the online shopping scene.

    Then I wake up to reality and go back to work.. It is fun to dream though.

    --
    --- Liberty in our Lifetime
  142. Can I have rewind? by LinuxGuyWhoUsesLinux · · Score: 1

    Can I copyright rewind and make money selling those rights?

    1. Re:Can I have rewind? by Anonymous Coward · · Score: 0

      j/k

  143. Re: prior ART PROOF, I HAVE IT by cb0y · · Score: 0

    TV stations in 1990 had the ability to PAUSE LIVE sports play in telecasts, and recontinue later...

    All this shit was done in HIGH END expensive gear for tv stations.

  144. Re:It was [not] probably new 9 years ago by Just+Jeff · · Score: 1

    There will be buckets full of prior art.

    Every radio station on the planet has been using the seven second delay for decades. those machines took a live signal and delayed it for later use. their entire reason for existnace was to be able to "pause" the live program when necessary, "skip" over portions of the live program, and then "catch up" after the fact. By 1992, all of the newer ones were digital. They all used disk drives. Nothing new here, except the price, the UI, the target market.

    Every TV station on the planet had (and still has) boxes called frame syncs. Again recent ones are digital. They take a live signal, delay it, and replay it for the convenience of the viewer. The same could be said of old slow-motion machines used at live events. They even recorded their video on disks...

    The fact that TIVO has more than seven seconds of buffer makes it an evolved product based upon similar devices in use for decades. That they store audio and video digitaly is evolutionary as well, and predates 1992.

    On a more basic level, FIFO buffers have been used ever since there were clocked digital circuits. That the digital bit stream contains live video is mere circumstance. FIFOs predate 1992 as well.

    Just another stupid patent.

  145. Aside from you having no credibility... by Giant+Hairy+Spider · · Score: 4, Interesting

    ...you're both missing the point and making a ridiculous challenge. I don't believe for a second that you'd go through with this even if you really were a patent lawyer.

    First off, there's a lot of space between "annoyed at a stupid patent" and "willing to spend $2520 (plus God knows what) to get just this particular patent struck down."

    Secondly, there's a huge gap between truth and a court finding. The fact that an invention is stupidly obvious to any professional in the field is no guarantee (or even a good indicator) that the technologically incompetent courts will find this to be true. You yourself call for "prior art," which has nothing at all to do with obviousness. Prior art would invalidate the patent whether it was obvious or not. The most obvious things are never said, because it's a waste of breath and an insult to the intelligence of the audience. This is especially true of trivial applications of an emerging technology, such as using a hard drive to buffer incoming video until the user wanted to view it.

    Finally, fighting these cases one at a time is the wrong way to go, there are thousands and thousands of patents that shouldn't exist, only symptoms of a deeper problem. The proper solution is a change in policy.

    How can we do that? By whipping up public opposition. In short, by complaining about the worst abuses continually, and blaming the patent office and the laws which allow them to occur. When a fair portion of the general population understands the cost of an incompetent patent office there will be irresistable political pressure to change it.

    Fighting within the system is for those who have their own urgent stake in the matter. The rest of us are far better off doing what we can to change it.

    --

    ---
    You'd be surprised at the broadband connection available to things crawling around in your hair.
    1. Re:Aside from you having no credibility... by Anonymous Coward · · Score: 0

      IOW you just want to complain and not do anything about it.

    2. Re:Aside from you having no credibility... by IP,+Daily · · Score: 0

      First of all, I *am* a patent attorney, so put a little credence in what I'm saying. Second, I was talking about a re-examination proceding in the Patent Office, which is not decided by "incompetent courts", unless the patent owner loses and appeals. Third, prior art has everything to do with obviousness. A patent claim doesn't pass a gut reaction "duh" test to overcome the obviousness challenge. A patent claim is ruled obvious if there is no single piece of prior art that invalidates the claim by anticipating it (proving that the invention is not novel), but if a combination of teachings from more than one piece of prior art could be used by one of ordinary skill in the art to derive the claimed invention. Finally, complaining without really doing anything accomplishes nothing, except maybe to make you look like a whiner and make the other side look sympathetic.

      The offer still stands.

      BTW, what's up with the moderation? I make a valid, generous offer directed to the topic of this article, and I sit at zero. Other comments in this thread spread misinformation, and get modded up as informative. I'll bet that this comment, straightening out their misconceptions, continues to sit at zero as well. Slashdot: News for the deluded, stuff that confuses.

    3. Re:Aside from you having no credibility... by Giant+Hairy+Spider · · Score: 2

      A patent claim is ruled obvious if...

      That is not the letter of the law, that is just a policy, a mechanism supposed to achieve the functionality specified by law. I know it was obvious because when I first heard the functionality of a TiVO, I knew the mechanism, without having it explained, and I'm not even a video engineer. That is obviousness: it didn't take even a second's thought. That is what the policy is trying to agree with, and if it doesn't then it's a wrong policy.

      But then, we already knew the patent office is incompetent. Wrong policies abound.

      The offer still stands.

      Serious offers come with a real name, credentials, and contact information. They are not posted under a silly pseudonym without so much as an email address.

      complaining without really doing anything accomplishes nothing

      As opposed to making insincere and ridiculous offers? Or making appeals to an institution you consider grossly incompetent?

      But you might be surprised at the power of complaint in democratic society.

      --

      ---
      You'd be surprised at the broadband connection available to things crawling around in your hair.
    4. Re:Aside from you having no credibility... by IP,+Daily · · Score: 0

      My decription of finding that a claim is obvious before the Patent Office *is* the letter of the law. Before spouting off uninformed, inane bullshit, look it up: 35 U.S.C. section 103. Gut feelings of a giant hairy spider don't count. Also, your comment that you know that the claim is obvious and you're not even a video engineer actually make you *less* qualified to attest that the invention is obvious. The standard is based on the knowledge of a person of ordinary skill in the art, not one of casual acquaintance with the subject matter.

      You're correct that I didn't post my contact information; I have in the past, I forgot this time. If you want to take me up on the offer, write to me at ranterX_98@yahoo.com. I'm putting a yahoo address rather than my primary office address, because I don't need trolls swamping my inbox. If you write to me with a legitimate missive, you'll get my primary address, name, PTO registration number, etc.

      The power of complaint? Where, to Slashdot? Preaching to the choir will accomplish nothing. If you don't like the PTO's policy, complain to Congress, they wrote the laws on which the PTO's guidelines are based. If you think a patent is invalid, fight it.

      You say that the PTO is incompetent, as if this means that all efforts are futile. In case you weren't paying attention, my original comment stated that I have been successful in invalidating claims before the PTO. The re-examination process does work, for the most part because it overcomes the patent examiner's greatest deficiency - finding relevant prior art. It also overcomes the examiner's second biggest deficiency - applying the prior art to the claim in a meaningful way. Why? Because the person filing the re-examination gets to make the first argument. Do you think a lazy examiner is going to read a ready-made argument for invalidity and spend a great deal of time and effort coming up with a counter-argument for validity if he can avoid it? No, in most cases my argument turns out to be the first rejection sent to the patent holder.

      You called my offer insincere and ridiculous. I call your complaint insincere and ridiculous. Anyone can whine about how things should be different. Get off your ass and do something about it instead.

    5. Re:Aside from you having no credibility... by Queer+Boy · · Score: 1
      Well, actually, from what I have read, it is prior art.

      Isn't this exactly what local television stations do during a live broadcast that goes wrong, or has a hiccup?

      Maybe I read this all wrong.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
  146. Re:It was [not] probably new 9 years ago by cruelworld · · Score: 2

    You have no idea of the irony in using a "frame sync" as an arguement in a patent discussion.

    Many lawyers made lots of money over that one.

  147. You never thought of that? by hawk · · Score: 2
    Really? are you serious?


    Is there really *anybody* who *didn't* want to do this with their vcr (or, for t
    hat matter, didn't *try* it, having failed to think things through [namely that
    it stopped recording while you played {Not that *I* ever made that mistake}]).


    For that matter, the prior art is ancient. It's called "Instant Replay," and wa
    s used widely by the American Broadcasting Company for an obscure program called
    "Monday Night Football". They used a new device from the computer industry cal
    led a "hard drive", onto which they recorded the last several seconds of the vid
    eo signal rather than the usual "digital" storage used on such machines.


    hawk

  148. Ultrasound equipment by bobm · · Score: 1

    back in the 80's when I was working on medical equipment, the ultrasound equipment had this feature. You could hit freeze and go back and forth a bunch of frames to pick the one you want to print. They also spooled to a beta vcr..

  149. Re:It was [not] probably new 9 years ago by Just+Jeff · · Score: 1

    No, I don't - what's the frame sync patent story?

    I've been in electronics and computers for years, but never directly in the broadcast industry. These days I work peripherally with a radio and TV studio (but not a broadcaster). Frame syncs are a bad example because they only pause for a few milliseconds - although most do have a freeze frame, that is, "pause" button... old slo-mo machines are better because they could paude and record up to about 30 seconds of program.

  150. I know who will win if they take this to court! by Greyfox · · Score: 2
    The lawyers.

    Really, if you look at the patent system as a way of guaranteeing lawyers income, it actually makes sense! After all, who made those laws? Lawyers!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  151. is this prior art from 1992? by mookoz · · Score: 1

    Donald Norman described an idea like this in his 1992 book "Turn Signals Are the Facial Expressions of Automobiles" amazon link to book.

    My copy is packed away but maybe someone else can dig it out and see if Norman's concept beats the 1996 application of this patent.

  152. Well... by mateub · · Score: 1
    ...this really gives one pause.

    sorry, couldn't resist.

    adéu,
    Mateu

    --
    "And we're happy here, but we live in fear, we've seen a lot of temples crumble..." - Concrete Blonde
  153. But it is(was) a new idea. by Demidog · · Score: 1
    It would be easy to poo-poo the patentability of pausing live TV based on prior art (The VCR). But obviously the Patent examiner was convinced. On one hand, you could say that this idea was obvious and that the technology simply had to catch up with the idea such that it could be executed.

    The patent application process is a slow one. The average time for a patent to be granted is roughly 3 years. The late Jerome Lemelson Filed one patent that took the patent office 39 years to grant.

    The filers here had to at least think of this idea and file the patent on or before 1989. I haven't read the patent but I would bet it describes how this could be accomplished and before the enabling technology was yet developed. Lemelson's "machine vision" patent was first filed in 1950. If similar things accomplished via different media or technology is the basis of a rejection [that Tivo or other like technologies are "new], then one would be hard pressed to say that barcode and photocopying technology was new in 1950, given that the Gutenberg press was invented in 1445 and the camera in 1826.

    Does this mean then that photocopiers, because they perform the basic function that a camera and printing press covers, were not really a new idea?

    Personally I don't think so. I do wonder though, when did the patent holders first contact TIVO and what was TIVO's response? That'd be an interesting conversation on which to eavesdrop.

    Also interesting would be what the patent examiner cited as prior art if any against the fellows in question and the response to those challenges.

  154. Re:Rotten woman by Anonymous Coward · · Score: 0

    Subtitle, "My Penis As A Candle In Your Ass"

  155. Re:Small difference: Define "Live" by Anonymous Coward · · Score: 0

    Add a single second delay to the display of the stream and it is no longer "live". Easy to implement (hell Sattelite already has ~2.5sec delay), and falls outside the patent's realm...

    I already sent this company a little note.

    -Dave

  156. My polaroid camera does it too. by Anonymous Coward · · Score: 0

    In fact, so do birds and bees.

  157. Historical Precedent by Kamel+Jockey · · Score: 1

    There should be a clause in US Patent law that requires you to actually implement your ideas.

    There used to be. Back in the early 20th century, the USPTO received so many applications for perpetual motion machines that they required any submission actually be working for a full year prior to submission.

    --
    In case of fire, do not use elevator. Use water!
  158. Patents for everyone! by flowerp · · Score: 1

    Okay, who has the patent on the Play button? Anyone?

    What about the fast forward, backward, stop buttons?

    Yeah, patents for anyone. Patents for trivialities! Patents are good! NOT

    --
    --- Eat my sig.
  159. Message to the people of the USA by sane? · · Score: 1
    "We, the majority of the world inhabitants have got more than a little bored and annoyed by obvious flaws in your patent and legal system. We see no reason why either should prevent successful invention and manufacture, and thus henceforth we will be setting aside any and all patents claims made on US patents until it can be demonstrated that you have reformed the system and removed bogus patents."

    God I'd love to see someone make this happen. It seems that until someone makes the US government get off their fat backsides they do nothing, about anything.

    This example IS obvious, as are many of the US patents. It seems the US patent system lets anything through, then hopes the courts will discard the bad ones. The upshot is that someone who actually has the guts to do something gets ambushed by spurious patent claims, and rather than paying loads of money for the court case pays the licence fee.

    The US government has a responsibility to fix their flawed system. What will make them take it seriously?

  160. Here we go again... by Julz · · Score: 1

    I can't believe that these people are allowed to patent this without having a working prototype. And what's with the patent reissue thing. Did they get it wrong and then steal some other ideas and word them into the old patent and get it reissued?
    Geez. This sort of thing really inspires people to make they're ideas public doesn't it.
    DUH!

    --
    When shit hits the fan get some of these https://youtu.be/pY-GncsZ-UE
  161. snake oil by geoff+lane · · Score: 1
    Pause Technologies - created in 2000 based on a 10 year old dubious patent. No products. Just a shell holding a patent that they hope people will be stupid enough to licence rather than challenge in court.

    As for the "technology" it's just another kind of flow buffer. These exist everywhere where incoming data/water/etc and outgoing data/water/etc flow rates may differ in the short term.

  162. what took them so long? by TheGratefulNet · · Score: 2
    so, tivo's been out, what, 2 years or more now?

    if pause is so key on their special little idea, why the hell did it take them this long to see that a major player in this field "stole their idea"?

    smells too much like the case of unisys' claim on lzw encoding. there outta be a law against waiting (in hiding) while something gets real successful - grabbing a hold on the market - then coming out of hiding and claiming credit for some blatantly obvious idea.

    isn't there a statute of limitations? if pause wants to make a living in this field, shouldn't they have been one of the first to realize that their idea was being 'stolen'? isn't sitting by and doing nothing sort of admitting that your idea wasn't really yours, exclusively?

    --

    --
    "It is now safe to switch off your computer."
  163. Re:I know of prior art, 85-86 by hughk · · Score: 1

    This looks interesting, could someone with some Mod points, mod this up so it gets noticed. It has a 0 because the poster didn't register and posted as AC.

    --
    See my journal, I write things there
  164. I wanna Patent "Breathing" !!! by da5idnetlimit.com · · Score: 1

    Process : Inhalation of a gaz mix in order to sustend life.

    This inhalation will occur with any biological or Electro Mechanic device.

    Patent fee is 1 cent / Breath.

    Please call our regulator to get a yearly brathing patent use right !!!

    I might just have found a way to get rich in America ! 8|

    --
    It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
  165. Then how could the patent be filed in 1992? by Halcyon-X · · Score: 1

    Then how could the patent be filed in 1992? The company was founded in 2000...

    --

    .sig: Open Source, Open Mind

  166. One novel feature by Alsee · · Score: 1

    In the entire patent I only saw one thing that was not already a feature of a standard VCR or a blatant implication of using random assess storage instead of a video tape. The one possibly novel idea is tiling the screen with tumbnails from different time offsets and being able to select one to jump to that point. I'm not a fan of software patents, but if there's a valid patent in there, that's it.

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  167. Re:It was probably new 9 years ago - NOT by armb · · Score: 1

    The description of a waterbed, although in fiction, was enough information to build one. I Dream of Jeanie would be prior art for pausing a video feed by having a magical being blink at it, but that's not the method in the patent.

    --
    rant
  168. Kafka in Absurdistan! by lowieken · · Score: 0

    ... The man turned his head, and wondered what other bizarre features and creatures he would meet in this splendid universe of dreams ...

  169. What about the EJECT? by vortexau · · Score: 1

    Lets see....If I Patent the "Eject" Button,
    then every Player Manufacturer either has
    to pay me royalties, or remove this Button
    from their product! :)

    Hah!
    JK

    --
    (David Bowman, EVA near HUGE Monolithic Win-PC in orbit around Jupiter) "My God - its full of Malware!"
  170. Prior art by emarkp · · Score: 2, Interesting

    So, a friend of mine did this as an EE project at Berkeley in 1990 (it used ram only to store the feed, and had a limit of 10-15 seconds I think, just enough for a, "oh, what was that," replay).

  171. That is how "live" tv also works, also. by Anonymous Coward · · Score: 0

    Most, if not all, "Live" TV is delayed at the broadcast stations on purpose to filter out anything "bad". This is pre-92 also. They've been doing this forever. The circular buffer with liveTV has been around since the stone ages.

  172. TiVo has their own patent for pausing live TV by batosai · · Score: 1

    I think they would have a pretty easy case considering they have already patented their own technology the "Multimedia time warping system". I wonder, have patents ever been thrown out after they have already awarded?

    U.S. Patent 6,233,389. The abstract is here

  173. After much thought ... by lovine · · Score: 1

    I've read the patent and have come to the conclusion that patent should not have been awarded. Basically the concept of writing any information that overflows the primary memory (SRAM, DRAM, semiconductor memory) to a secondary memory (hard disk, tape), has been in use for probably at least 50 years. Its called virutal memory or buffering. The Pause Patent is just a specific, and non-unique, implementation of this concept for a specific purpose.

    Also, I believe NASA satellite technology does everything the patent covers. Exploration satellites record video (periodic series of pictures) which are compressed and saved to a secondary memory via a primary memory, and then pull from the secondary memory for transmission while recording new images. Furthermore the process is controlled remotely. Thus I believe a good lawyer will demonstrate that the patented technology was publicly documented many years prior to the patent. (Also there have got to be similar patents going back to the '70s and early '80s for digital audio, probably by Philip's, who makes a Tivo unit.)

    Furthermore, the solution to the problem is obvious to almost any person with vague computer hardware knowledge back in '92. My fellow classmates and I were writing DSP algorithms that used buffering for reverb and filtering back in 1990. We just didn't have a need to write the data to disk or control the process by remote control.

    Lastly, tape delay performed the same function, via a different technology. If this patent holds, then when optical memory becomes available, can a new patent be issued on a new implementation which replaces the codec, semiconductor memory and hard disk with just holographic memory?

  174. Prior Art: Scroll Lock by Anonymous Coward · · Score: 0
    Patents do not exist to protect original ideas. Patents exist to protect the investment made in an idea. The US Constitution, for example, does not regard patents as a right, but as a neccessary law to encourage innovation.

    My BBC Micro, in 1982, had a pause button. DOS has a "more" command. Both can (and I personally have) be used to pause the display of realtime data being inputed via my serial port. While this implementation did not use a hard-drive, its use on a VAX of the time, or any machine with virtual memory, would use a hard drive. However, I'm not sure that you'd have to demonstrate that a specific implementation had already been implemented, only the general idea.

    The only innovation here is that the data, in this case, is digital pictures. However, digital pictures are a subset of digital data, and therefor there exists prior art.

    Hmmm. Looking at at my keyboard I now see that there is a clearly labelled "Scroll Lock" button. :)

  175. Scroll Lock by Anonymous Coward · · Score: 0
    I'm sitting in a lab receiving data through my serial port. I'm displaying the data on the screen and looking at the values. The data is scrolling by. I see an interesting bit. I hit Scroll Lock. I examine it. I with to continue. I hit scroll lock again.

    Its 1982.

    Prior art.