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IBM Patents Web Page Templates

jalefkowit writes: "More follies from the US Patent & Trademark Office ... now IBM has been awarded US Patent #6,304,886 for software that automatically "generates [a] customized Web site without the Web site creator writing any HTML or other programming code", based on "a plurality of pre-stored templates, comprising HTML formatting code, text, fields, and formulas" that are then customized through the process of asking the user a few questions. In other words, they've patented the ubiquitous wizards found in FrontPage and other newbie-oriented HTML editors. This was submitted to the USPTO on June 19, 1998 -- surely someone out there knows of prior art for this?"

139 of 420 comments (clear)

  1. Sorry IBM by redcliffe · · Score: 2, Funny

    I have prior art. I use templates for all my websites. Instead of creating a new product page from scratch I always have a pre-made template which i then modify. Can I please have $10 million dollars? Thanks,

    David

    1. Re:Sorry IBM by redcliffe · · Score: 2, Interesting

      What they've patented is just a software wizard that does what I just said. That's not innovative enough IMHO to justify a patent.

    2. Re:Sorry IBM by Zeinfeld · · Score: 5, Interesting
      I have prior art going back to 1993.

      I was in a patent meeting when we were discussing filling a bunch of patents so that we would have amunition to fire back should some company come and fire at usthe patents that they orginialy filed for the same reason.

      The reason I don't like doing that sort of thing is that besides being essentially fraudulent the fact is that no company has prospered long on the basis of a patent portfolio alone. Polaroid and Xerox are two prime examples of the long term effect of management thinking they have a monopoly in their market.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    3. Re:Sorry IBM by JabberWokky · · Score: 3, Informative
      I *do* have prior art - we've had the software running at OnePaper (and back when we were DigiPaper) since 1987 at least. And the concept dates back another year to 1986 when I was offering "build you own Rocky Cast website" for TimeWarp.org (Denton, USA back then).

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    4. Re:Sorry IBM by sterno · · Score: 3, Funny

      Yeah I worked for a company that was doing template based HTML publishing starting back in 1995 or 1996. 1998? Wow, IBM might have the edge in failing hard disk drives, but maybe they should stop bothering with software patents :)

      --
      This sig has been temporarily disconnected or is no longer in service
    5. Re:Sorry IBM by Cratylus · · Score: 3, Interesting

      Not to mention that Microsoft was giving away copies of FrontPage 97 with copies of Windows NT 4.0.

    6. Re:Sorry IBM by kilgore_47 · · Score: 3, Informative

      ViaWeb, Robert T Morris' e-commerce company, had a LISP-powered template system for creating sites a long long time ago. They got bought by yahoo in 98 (becoming Yahoo Store), but they were successfully using web templates long before that.

      IBM should really be a little more carefull about crap like this; it obviously alienates the open-source community that they are trying to be on good terms with.

      --
      ___
      The way to see by faith is to shut the eye of reason. --Ben Franklin
    7. Re:Sorry IBM by H9000 · · Score: 2, Interesting

      IBM please have a look at Topspeeds CLARION
      Prog. Language, it is totaly template based.

      Sorry

      CU
      H9000

    8. Re:Sorry IBM by hearingaid · · Score: 3, Informative

      Sigh.

      Why can't /. read patent claims? This patent (somewhat cleaner presentation of the text than the top link) has a whole bunch of claims, and it actually has a detailed descriptive listing as to what the program's supposed to do.

      I reproduce the list here.

      SUMMARY OF THE INVENTION

      One object of the invention is to overcome these and other deficiencies and drawbacks of existing web site creation tools, systems and methods.

      Another object of the invention is to provide a tool for creating a Web site that minimizes or eliminates the need for a Web site creator to know or use HTML or other programming languages to create a Web site.

      Another object of the invention is to provide a tool for facilitating the creation of Web sites and pages based on stored templates that enable personalization and customization of the Web site and pages without the need for a user to change or write any software code.

      Another object of the invention is to provide a tool for facilitating the creation of Web sites and pages by taking a web site creator through a series of views, each having one or more options/features, to enable the site creator to select from a plurality of options/features available for the web site layout, content and functionality.

      Another object of the invention is to provide a tool for creating a Web site where the tool comprises a library of stored templates (including fields) associated with different options/features for a Web site, the tool prompts a user of the tool to select desired options/features from a list of possible options/features. Based upon the option/features selected, the tool determines which of the stored templates (and fields) are to be used and the user is prompted to supply data to populate those fields. The tool uses the templates and user supplied data to create the web pages that make up a Web site. The Web site may then be posted on a network, such as the Internet.

      Another object of the invention is to provide a tool for facilitating the creation of a Web site and pages based on stored templates having predetermined fields, wherein the tool comprises a dynamic look-up capability to automatically populate one or more fields with data.

      Another object of the invention is to provide a tool for facilitating the creation of Web pages with templates for predefined Web pages that enables personalization and customization of the Web pages without the need for the user to change or write any software code, and facilitates the inclusion or modification of graphical and other multimedia objects.

      Another object of the invention is to provide a tool for facilitating the creation of a Web site based on stored templates having predetermined fields wherein one or more fields can be selectively marked as a required field, and where if data for a required field is not provided by the user, a predefined message may be presented to a user identifying what information is missing and a cursor may be positioned at the missing field.

      Another object of the invention is to provide a tool for facilitating the creation of content for a Web site with an automated content approval feature whereby authorized content creators (specified during creation of the Web site) can create proposed content for the Web site. Upon creation, the proposed content may be automatically, electronically routed to one or more content approvers specified during creation of the web site for authorization before posting the content on the Web site. The approved web page may be automatically posted as appropriate.

      Another object of the invention is to provide a tool that facilitates the modification of Web pages in a finished Web site including one or more of the above objects, without requiring a content creator to change or write any software code.

      Another object of the invention is to provide a tool for facilitating the creation of a Web site based on stored templates whereby once the site is created, a content creator can selectively modify individual pages or groups of pages without using HTML or other software programming code.

      These and other objects are accomplished by various embodiments of the invention. According to one embodiment of the invention, a software tool is provided for use with a computer system for simplifying the creation of Web sites. The tool comprises a plurality of prestored HTML templates, each having various fields. The templates preferably correspond to different types of Web pages and other features commonly found on or available to Web sites. Each feature may have various options. To create a web site, a Web site creator (the person using the tool to create a web site) is prompted by the tool through a series of views stored in the tool to select the features and options desired for the Web site. Based on these selections, the tool prompts the web site creator to supply data to populate fields of the templates determined by the tool to correspond to the selected features and options. Based on the identified templates and supplied data, the tool generates the customized Web site without the web site creator writing any HTML or other programming code.

      The features and options may include, for example, site areas, specific security features, enablement of distributed authorship with the ability to specify approved content authors and content approvers, the specification workflow/approval procedures, enablement of automatic workflow routing, and a graphical design center with a plurality of predetermined user selectable features.

      According to another embodiment of the invention, the software tool provides a series of menus or views to guide the user through the creation of a web site, where the views comprise screens to enable the site creator to select the various features and options for the Web site and forms for entering text that is used to populate fields of stored templates.

      IOW, it's more than just single-page templates. This system is multi-user, it supports a web page approval structure, and it supports web SITE templates.

      That is, the templates will generate a whole bunch of pages.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    9. Re:Sorry IBM by hearingaid · · Score: 2

      Well, I looked at that website, and I saw a ton of templates for designing web-ready graphics, and nothing for web site design except that it had an integration feature so that you could bring it into Dreamweaver/etc. fairly easily.

      Looks like a neat program, but I Don't Think So.

      Remember, the thing defined in the patent does _all_ of those things, in an integrated way.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  2. [yawn] Been there... by Boatman · · Score: 3, Informative

    I wrote code for this in (Openmarket's - then ICentral's) Shopsite Manager back in 1997. Fill in your products, pick some options, get an e-commerce website. Sigh.

    --
    --Just the place for a snark!
  3. Word wizards + HTML save = HTML wizard by morcheeba · · Score: 2, Funny

    I'm not sure when ms word got the ability to save HTML, but combine that with the generic document-generating wizards it has and *presto* you've got html templates. Not that everyone wants to read a web page that starts off "Interoffice memo"....

    1. Re:Word wizards + HTML save = HTML wizard by ncc74656 · · Score: 2
      I'm not sure when ms word got the ability to save HTML
      Hmm...

      ...clickety-click...

      <html><body>
      insert lame-ass content here
      </body></html>

      Press Alt-F A, call it "foo.html," select "Plain Text (*.txt)" from "save as type," and press Enter. I'd say the ability to save HTML from Word predates HTML or the Web, let alone this patent.

      Notepad is less cumbersome, though. :-)

      (Insert more smileys for the humor-impaired if necessary.)

      --
      20 January 2017: the End of an Error.
    2. Re:Word wizards + HTML save = HTML wizard by Tet · · Score: 3, Funny
      Press Alt-F A, call it "foo.html," select "Plain Text (*.txt)" from "save as type," and press Enter.


      I tmay be humour, but it's the only way to get decent HTML out of word...

      --
      "The invisible and the non-existent look very much alike." -- Delos B. McKown
  4. Typical IBM by Red+Avenger · · Score: 2, Insightful

    IBM espouses so much about being an open company and promoting open things. And then they go and pull something like this. I seriously don't get this company. I really want to like them but more and more I can't.

    1. Re:Typical IBM by Bandman · · Score: 3, Insightful

      The enemy of my enemy is my friend.

      If they can smack Microsoft around for making Frontpage, then I'm all for it. If I was IBM, I'd do it just to see MSFT squirm...

    2. Re:Typical IBM by gnomish · · Score: 3, Insightful

      This speaks more to the Patent Office than IBM. IBM's success, in part, is a function of developing new things and getting the rights to sell them exclusively.. and if you had your own IBM you'd be doing the same thing. The Patent Office, on the other hand, is woefully inept at identifying unique things. In addition, they bear none of the consequences for granting a patent when no patent should have been issued.

      Realistically, I doubt IBM would even bother to enforce this patent. It would behoove them nothing.

    3. Re:Typical IBM by John+Miles · · Score: 2, Insightful

      The enemy of my enemy is my friend.

      Uh huh. That kind of thinking is how we ended up with the Taliban.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    4. Re:Typical IBM by MindStalker · · Score: 2

      Ok, companies are CONSTANTLY filling patents anything and everything. Many are used as legal defense, many are used just as trophies. Few are actually used badly. If IBM starts asking for any licenses from anyone for this patent for any reason. THEN we should start screaming. I know you will say that they shouldn't be filling for such things in the first place. Then go yell at the Patent Office, because had IBM not filled for a patent on that idea, someone would have.

    5. Re:Typical IBM by macinslak · · Score: 2, Insightful

      What if the person that they finally decide to chase after doesn't have the money or resources to put up with IBM's legal department? Old unknown patents are really dangerous (scenarios like GIF and MP3 come to mind).

      IBM isn't holy, these are the same people that want to put hardware copy control on your hard drive. Though at the same time, I doubt they did this on purpose. There's probably an idiot in some idiot somewhere in IBM who honestly thought this was a new thing.

    6. Re:Typical IBM by AntiNorm · · Score: 2

      If they can smack Microsoft around for making Frontpage, then I'm all for it. If I was IBM, I'd do it just to see MSFT squirm...

      Scary thought, but doesn't MSFT have a habit of buying out the companies that make them squirm?

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    7. Re:Typical IBM by EvilJohn · · Score: 3, Informative

      ...and how we wound up with England as an ally.

      Like most designs, it is not the idea itself that matters so much, but how you implement it.

      --

      Less Talk, More Beer.
    8. Re:Typical IBM by penguinboy · · Score: 3, Insightful

      If they can smack Microsoft around for making Frontpage, then I'm all for it. If I was IBM, I'd do it just to see MSFT squirm...

      Of course, FrontPage existed, IIRC, in 1996 if not even earlier - which looks like solid prior art. I'm as much for smacking MS around as the next guy, but not without a legitimate reason. Bogus software patents, of course, with years of prior art, aren't exactly legitimate reasons.

    9. Re:Typical IBM by Derkec · · Score: 3, Insightful


      IBM is way too big to have everyone on the same page. Just because some over-proud techie asked legal to patent something doesn't mean the CEO looked over it and made a strategic decision.

    10. Re:Typical IBM by cshotton · · Score: 4, Troll
      IBM espouses so much about being an open company and promoting open things. And then they go and pull something like this. I seriously don't get this company. I really want to like them but more and more I can't.

      If you own their stock, you have to love them. Their patents are very likely what kept IBM from disappearing in the mid- to late '80's. What you probably don't realize is that IBM has formalized the process of patenting just about everything their engineers do. So much so that they talk about their "Patent Factory" inside the company.

      In 1982, IBM was generating less than $20 million a year in patent license revenue. Over the course of the next 10 years, they made a concerted effort to formalize their patenting process. The result is now an engine that flings off patents and licenses them to the tune of $1.7 billion per year, and that's 95% cash.

      IBM has mastered the art of manipulating the industry via patents. Their standard tactic has been to quietly file a patent, publicly discuss the technology through their technology journals, generate a huge adoption for this seemingly public technology, then 3 years later drop the granted patent on the rest of the industry. Sun, Intel, and others work directly from IBM's playbook now, too.

      In an increasingly competitive landscape, IBM has simply become very good at working the process that the government has put in place to protect intellectual property. If you don't like their business practices, don't buy their stock or their products. If you don't like the way the Patent and Trademark Office works, talk to your Congressman.

      But don't bitch out IBM for working the system. They have a fiduciary responsibility to maximize shareholder value. That they wring it out of competitors to the tune of $1.7 billion a year is a credit to their foresight and the lack of initiative on the part of their competitors. It's not that they're smarter than everyone else. It's just that most people don't play the game well. And if you don't like the game, you can either stop playing or get someone to change the rules. The current rules don't say that IBM has to be nice to people who aren't smart enough to create their own patent portfolio.

      And finally, for those who think that patents are evil or somehow inappropriate for software, processes, and "obvious" inventions, consider this. There is a 100% direct correlation to a country's GDP, the strength of its intellectual property protections, and the number of patents filed by its citizens. If you want to rot in some Third World hovel while you and your buddy take turns pedaling the generator that powers your '386 laptop while you tweak the latest kernel hacks, then see what happens if you overturn the US system for protecting innovation. In the meantime, the rest of us will enjoy the fruits of an economy created by companies that work and a government that protects their work.

      --

      Shut up and eat your vegetables!!!
    11. Re:Typical IBM by unitron · · Score: 2
      "...these are the same people that want to put hardware copy control on your hard drive."

      So that's what's killing all those DeskStars.

      Hey, if you want to prevent copying or disseminating anything that can be a computer file, nothing works quite like a suicidal hard drive.

      --

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

    12. Re:Typical IBM by hearingaid · · Score: 2

      You are funny.

      IBM is much, much bigger than Microsoft. Perhaps you would like to suggest that Sony is in danger of a takeover from M$ next. :)

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    13. Re:Typical IBM by lairdb · · Score: 2

      "IBM is much, much bigger than Microsoft."

      Um, by what measure?

      Microsoft's market cap (probably the most relevant top-level measure when discussing acquisitions) is nearly twice that of IBM. $315.3B vs. $176.9B.

      IBM revenue is larger (89B vs 25B), but with MSFT's 30.5% profit margin versus IBM's 9.1%, MSFT's EBITDA is 2/3rds that of IBM's.

      MSFT has $31.6B cash on hand, versus IBM's $4B.

      IBM might be a little bigger, or half the size, depending on your form of measurement -- but in no way is it "much, much bigger". Please, folks; don't just pop off -- do your research.

      (Examining Sony as an acquisition target is left as an exercise for those who care about facts: with a market cap of $36.3B, MSFT could purchase all outstanding shares of Sony before lunch without even blinking. (I speculate that it's unlikely this would give them control, as Japanese companies typically have complex and interlocking control arrangements, but that's a whole 'nother topic.))

      --Laird

      --
      "...and to everyone else out there, the secret is to bang the rocks together, guys."
    14. Re:Typical IBM by hearingaid · · Score: 2

      By an important measure, often forgotten by fly-by-night "investors": physical assets.

      IBM owns tons of factories, land, etc. This doesn't make it into market cap, but it is important to majority investors, who care about getting value for their money.

      Remember, most of the megacorps (M$ included) don't have the majority of their shares being commonly traded. If you want to pull a takeover, you have to persuade the large shareholders to hand over. Market cap just isn't that important, unless you're a guppy.

      That's why ordinary investors like takeover attempts so much: they drive the share price up to somewhere near what it's actually worth.

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  5. Prior Art by _azure23 · · Score: 4, Interesting

    Sure, how about FrontPage97?

    1. Re:Prior Art by Zontar+The+Mindless · · Score: 3, Insightful

      How about any text editor with a sufficient number of macros?

      --
      Il n'y a pas de Planet B.
    2. Re:Prior Art by BrianH · · Score: 5, Interesting

      IBM could conceivably argue that FP97 is a programming utility and therefore exempt. A better example would be MS Publisher 97. I hammered out a few simple brochure sites with Publisher back then and it clearly violates this patent. I could pick a generic template from a list, input nothing more than my content or body text, and have the software output a web site (they were pretty awful sites, but that's beside the point).

      There's your prior art, and it's from Microsoft no less.

      --

      There is nothing so pathetic as seeing a beautiful young theory roughed up by a tough gang of facts.
    3. Re:Prior Art by Schwarzchild · · Score: 5, Interesting
      Actually a book describing FrontPage is cited as a reference of sorts in the patent itself:

      Tyler, Denise. Laura Lemay's Web Workshop: Microsoft FrontPage 97. Sams, Macmillan Computer Publishing. ISBN 1575212234, published Jan. 17, 1997. .COPYRGT.1997. Introduction, Chapters 3 and 5.*

      --

      "sweet dreams are made of this..."

    4. Re:Prior Art by radja · · Score: 2

      > How about any text editor with a sufficient number of macros?

      or emacs....

      //rdj

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
    5. Re:Prior Art by Rogerborg · · Score: 3, Funny
      • how about FrontPage97

      How about whatever system of "plurality of templates" the USPTO web site was using prior to mid-1998?

      --
      If you were blocking sigs, you wouldn't have to read this.
  6. My templates by Foxxz · · Score: 2, Insightful
    are HTML with perl variables in them that get filled in when executed. so do i have to pay money? i think not. lets see them try to collect.

    -foxxz

  7. in other news... by superdk · · Score: 2, Offtopic

    The RIAA patents sound in an attempt to draw royalties on everything that makes any sound including but not limited to musical works and things that go bump in the night.

    Film at 11:00

    --


    Silly slashdot, sigs are for kids!
    1. Re:in other news... by re-geeked · · Score: 3, Offtopic

      *Silent* film at eleven.

      --
      "You can't get something for nothing." - my grandfather, on the stock market and Reaganomics.
  8. Prior art, right here! by oGMo · · Score: 4, Troll

    A friend of mine (Nathan Anderson) wrote something that I believe is quite like this, and posted it right here to slashdot, a number of years ago. Here is the article. Judge for yourself. When he sees this he'll probably post something about it as well. Does this count as prior art?

    --

    Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

  9. Prior art ... by jonku · · Score: 3, Interesting

    Someone has to answer this.

    "customized Web site without the Web site creator writing any HTML or other programming code", based on "a plurality of pre-stored templates"

    In 1996 I wrote JavaScript that would give a different action based on browser detection. This did require "programming."

    I recently wrote a content manangement system (1999) and e-commerce site, the creator does no programming. Steuben.com.

    Same workaround: different browsers see different-looking page (CSS or simplified version for IE 3.0, which cannot deliver different colored links on the same page). Similar effects for other features, pop-up windows etc. Also different menu actions. Many done with included page fragments ("templates").

    Perhaps a lawyer would say I am the creator, although the tools were handed over to non-techies, they loaded all the images, content and products and now run the site.

    Another answer is browser detection sending to a Flash or vanilla html site. Which are "templates."

    Am I missing the point?

    --
    "Help him! Help the programmer!"
    ... "I AM the programmer ..."
  10. uhhhhhhhh by Dr.+Awktagon · · Score: 4, Insightful

    wouldn't this cover any program that has a "save as HTML" option?? That lets you create HTML without typing any HTML codes, and somewhere in the guts of the program are some HTML templates, right?

  11. Can you imagine.... by redcliffe · · Score: 2, Funny

    a patent of beowulf clusters?

    :-P

    1. Re:Can you imagine.... by sporty · · Score: 2

      We should patent the idea of a beowulf cluster so that we don't make that bad joke anymoer...

      ;P

      --

      -
      ping -f 255.255.255.255 # if only

    2. Re:Can you imagine.... by GlassUser · · Score: 2

      A beowulf cluster of patents?

  12. Re:Is there a patent for the wheel? by johngaunt · · Score: 2, Informative

    Yes, there is, the info was posted here on slashdot a while back

    --
    In the wild there are no dumb lions tigers or bears. Only humanity subsidizes the continued existence of the stupid.
  13. A modest suggestion by AirLace · · Score: 5, Interesting

    Why doesn't the patent office implement a system whereby patent holders who are found to be abusing the system are denied the right to file any further patents for a specified period (say, 5 years) or lose the rights to other more valuable patents that they own? I think that'd make corporations like IBM which are looking to make a buck off trivial patents think twice about what they're doing. This software patent madness has to stop before it spreads to Europe.

    1. Re:A modest suggestion by nyet · · Score: 2

      Actually, somebody on /. posted something to the effect that you CAN get punished like this if you wrongfully leverage IP.

      And let's not even get into the copyright issue. Under American law, any monopoly which leverages intellectual property to preserve their monopoly has their work turned over to the public domain.

      Anybody else have a solid reference?

    2. Re:A modest suggestion by pointwood · · Score: 2

      Sadly, it has already spread to Europe - we ARE fighting but there are already thousands of software patents in Europe :(

    3. Re:A modest suggestion by unitron · · Score: 2
      Not all light is visible, that is, falls within the frequency range to which the human eye is sensitive. That light which is not visible must therefore be considered invisible. If you look straight at the laser lens in your CD player the beam may be invisible to you but that doesn't mean that it isn't there and capable of damaging your sight.

      Those whistles that dogs can hear and we can't produce sound, but to us it's inaudible sound.

      --

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

    4. Re:A modest suggestion by Kanasta · · Score: 2

      how do u know they are not patenting it to protect everyone from someone else from some evil entity who would abuse it?

  14. Exactly by MrBlack · · Score: 5, Insightful

    IBM seem to be pretty good about this. Remember both IBM and Unisys held patents on LZW compression (IBM's application was filed 3 weeks BEFORE Unisys), but it is Unisys that tried to extract all the money from it. IIRR IBM have released may of their patents to the public domain.

    1. Re:Exactly by ecampbel · · Score: 2

      Do you have references to the actual patents to back this up? How can two companies be given patents to the same thing? The whole idea of a patent is to give an inventor the sole right to make, use, and sell their invention for a set period of time. Remember, Bell was given the sole patent for the telephone because he was first to the patent office even though their were other inventors who filed patents to the invention mere hours after he did.

      --

      Sig goes here
    2. Re:Exactly by MrBlack · · Score: 2

      Try here or this or better yet just look it up for yourself using google

  15. I see it every day by unfrgvnme · · Score: 2, Interesting

    In working for an IP law firm, I see the rediculousness that is the USPTO every day. The fact that they could grant such a patent doesn't surprise me in the least.

    1. Re:I see it every day by kevin805 · · Score: 2

      I'm assuming you work in the mail room?

      Am I to believe you are a lawyer, who cannot even spell ridiculous?

  16. Based on the by jallen02 · · Score: 5, Informative

    This is a fairly specific patent. After having a look at it im not really concerned. Their definition of "tool" is a little loose, which bothers me somewhat.

    Having worked with content management systems in both PHP and ColdFusion using a WebBrowser and a VB client for managing the content.

    The chances your specific interface emulate completely IBMs described interface are little to none.

    Before I rise up to say how evil IBM is I will say this. Patents are an eventuality. It is like a nuclear arms race, if you don't patent it someone else will, and then they can use it against you or at least hold it over you.

    Is this new, unique, exciting, or worth a patent? No probably not. It seems from their description to be little more than a super-duper WYSIWYAG (What you see is what you almost get) type site builder. WIth IBMs drive to do ecommerce this definitely fits with thier overall marketing and business plans.. This would obviously be for the low - medium end of the ecommerce spectrum

    THe system also defines a system of content approval and rights of some sort

    All in all I have designed systems this in depth or more. The systems may do similar things but the means of doing it are invariably almost completely different. (Of course my system focuses on already having a site and allowing an administrator to build the site without the overhead of really thinking up the design aspect at all.. just manage the content)

    Again, this is just an incremental evolution.

    Jeremy

    1. Re:Based on the by Spy+Hunter · · Score: 4, Insightful
      if you don't patent it someone else will,

      What? That's what prior art is for! If you don't patent it no one else can, because you have prior art.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
    2. Re:Based on the by darkonc · · Score: 2
      What? That's what prior art is for! If you don't patent it no one else can, because you have prior art.

      Two things are required for a Prior Art defence: The existence of prior art, and the money and determination to see the court case throught to it's completion. Sometimes, even people with a clear prior art will bend to the will of the patent holder simply because it would take less resources than the legal fight.

      Many a retired lawyer has observed that " the legal system has nothing to do with justice".

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    3. Re:Based on the by Kanasta · · Score: 2

      No, if you look around at all the patents that we here complain about having prior art for, it can be shown that prior art counts for nothing as far as the patent office is concerned.

      That is unless you have the $ to go to court to contest the patent.

  17. Interning at IBM by pjdepasq · · Score: 5, Informative

    Having interned at IBM for a summer (2000), I was somewhat nauseated during a meeting I sat in on where the focus was 'What can we patent?'. While I understand the purpose of such meetings, anything not nailed down was fair game to have a patent attempted for it.

    We were constantly reminded that IBM was the corporate leader of patents (whoo hooo! How about getting my damned stock price up again!) and that meetings like this were common.

    I found it to be pathetic.

    1. Re:Interning at IBM by pjdepasq · · Score: 2

      Oh, I don't think that the meetings were wrong, I agree that it was a product of talented people working hard. What I hated was the prevalence of the meeting where it was like "...well EJBs are patented, what else is there.... what about FOO working with EJBs.... that might be ok to go after". That's what nauseated me. Of course, perhaps it was just that I was not used to that atmosphere.

    2. Re:Interning at IBM by peccary · · Score: 3, Interesting

      I found it to be pathetic.

      Indeed, it's one of the reasons I finally quit IBM. They even acknowledged that the crap only had to be "patentable, not rocket science." And that it "doesn't even matter if the patents stick, nobody challenges them anyway. Just as long as our stack is higher than theirs." This kind of egregious abuse of the patent system just made me sick, so I will no longer contribute to their portfolio. I wonder how much creative talent they're missing out on for the same reason?

  18. ARgh by BierGuzzl · · Score: 2

    Why don't we hear about this stuff _before_ it's a done deal? I realize that the chances of it actually affecting any given person are slim to none but in the event that this type of patent actually gets leveraged in some way or other, I'd prefer to have a chance to voice my objection before the patent is actually granted.

  19. Yet more prior art by OblongPlatypus · · Score: 2

    I'm no expert on deciphering patent-language, but the free community hosting service I started in April 1998 seems to do more or less exactly what this patent covers.

    --
    -- If no truths are spoken then no lies can hide --
  20. This is getting out of hand by nate.sammons · · Score: 2


    Someone really, really needs to get a clue over at the old patent office. This and so very many other idiotic patents have slipped through the US patent office in the last few years.

    There's TONS of prior art on this. I worked on a product for Proxicom in 1997 that let you fill out a fancy wizardy thing that built websites from your web browser.

    Everyone has mentioned FrontPage97, etc, etc, etc. This really is criminal -- when you do a patent search, you're supposed to DO A PATENT SEARCH, which also includes A SEARCH FOR PRIOR ART.

    And the patent office should ALSO DO A PRIOR ART SEARCH. What the hell?

    -nate

  21. Let's resume the patent system for a normal person by tcc · · Score: 2

    Some small people with CREATIVE ideas cannot go to patent their creation because of the legal fees, plus the pattent application fees, (a patent application plus extras comes over 5000$ easily for those of you who don't know)... meanwhile, big companies can patent useless stuff that will break innovation (I'm starting to hate that word) instead of it's root concept of being to PROTECT I.P.

    Of course this means, those who might actually BENEFIT from the system for a just cause cannot access it (well depending on your cashflow as a startup for example , you have that great idea, you get 100K$ seed money to develop a simple prototype application/device so you can demonstrate your idea and get even more financing... will you use 5 to 10% of that budget for a PATENT (which will bring even more fees in the process) or will you concentrate on the project itself? Yep.. you guessed it right, and as soon as you go for your round of financing and approach people with money, funny how those NDAs mean nothing for them (since anyways, you won't be able to sue them) and if you get thru all of that crap, normally you get bought out for a fraction of what you could have made, because probably the investors will tell you if you don't comply with their rules they'll invest in that X company that can pull out the same thing and even better (and drive you out of buisness) etc etc, so probably you lose control over your project (51% shares not to you), and if you're really unlucky, the appointed CEO is a jerk and makes the whole thing goes down... if it works and becomes a success, notice you probably not even have 1% of the company with the dillution and all the maths applied after. (still, 1% of 100M$ is not too bad if you get there :) ).

    Of course with SOFTWARE it can be a bit more positive, but for let's say, some cool hardware application, or innovative invention, it's another story.

    This is almost depressing. heh...

    --
    --- Metamoderating abusive downgraders since my 300th post.
  22. AT&T sues IBM!! by kcbrown · · Score: 2, Funny

    Murray Hill, NJ -- Today AT&T sued IBM for patent infringement, noting that IBM's patent on web templates is an infringement of AT&T's patent on #include.

    #include, found in the C language's preprocessor, was invented in the early 1970's by Brian Kernighan and Dennis Ritchie. "The #include directive is really a very innovative invention", said John Law, director of language sales at AT&T. "The technology landscape just wouldn't be the same without it".

    Representatives from IBM were unavailable for comment, but were heard muttering something about how they "can't stand it when someone beats us to it".

    --
    Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  23. Web-based content management tools? by theancient2 · · Score: 2, Interesting

    I could be wrong here, but it sounds like this could apply to more than just wizards. What about web-based content management tools, which allow the user to copy and paste plain text into an input box, check a few options, and have HTML pages generated on the fly?

    (I tried reading the claims of the patent to see if this is true, but got lost in legalese. The patent has 24 claims, and I'm assuming each of those claims must be violated in order to be considered patent infringement.)

  24. FYI:Yahoo 1997 patent for dynamic pages by Ars-Fartsica · · Score: 2

    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O2&Sect2=HITOFF&u=/netahtml/search-adv.htm&r=2&p=1 &f=G&l=50&d=ft00&S1=nazem.INZZ.&OS=in/nazem&RS=IN/ nazem

    Not sure how this conflicts/contrasts with the IBM patent.

  25. The Best Reason to Not Patent by ReadParse · · Score: 2

    I just realized the paramount reason to not patent internet "inventions"... by the time it gets approved, nobody gives a damn about it anymore. This thing was submitted in June of 98, for crying out loud!

    RP

  26. Some Prior Art by cjsnell · · Score: 2

    How about Ralf Engelschall's WML language? According to the copyright, WML came about in 1996.

  27. Online Merchant by Alien54 · · Score: 3, Interesting
    Heck, there is this bit of software: Online Merchant

    a quick and dirty product that uses a Paradox database engine under Windows to generate a mass of perl scripts to auto generate a simple web store, complete with graphics, etc., which are then uploaded by the program to you site on a Unix server.

    By Stumpworld Services, the owners of which have since sold the company and got out while the getting was good. It is now integrated with a hosting service, which cuts out the hassle of mom and pop businesses trying to deal with clueless ISPs.

    The date of the original software press release to market was July 15, 1998, and there was an extensive beta period before then.

    I think there is enough prior art to have this covered.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  28. My old company released software in '96... by JohnA · · Score: 2, Informative

    Hi there. I led a team that developed the Interactive Advertising Agent, a product that allowed a user to create a customizable web site, including forms and layout customization. This product was released in 1996. If you are a person or company who would like a copy of this software as a defense against this patent, please let me know. I'm going to try to make it available on a public HTTP server, but that will take a while.

  29. Simple... by Sanity · · Score: 5, Insightful
    Because they are not financially motivated to do so.

    People should stop complaining when organisations do what they are designed to do - namely make money (in the Patent Office's case, this means granting as many patents as possible). Don't bitch about the RIAA when they push for freedom-curtailing laws - THEY DON'T CARE - their job is to protect the interests of those who pay their salaries. Don't bitch when a for-profit corporation exploits dumb laws to increase their profit margins - THEY ARE DESIGNED TO DO THAT.

    Instead, bitch about the stupid laws which allow and encourage them to do this, and the customers who keep them in business (of course, very few of IBM's customers are likely to take a stand on this issue - but IBM does seem to care quite a bit about its reputation among the Open Source community these days).

    1. Re:Simple... by armb · · Score: 2, Insightful

      Since I have no moderator points, and because it's possible you really are a clueless fuckwit (like whoever moderated you insightful), not a troll, I will try and explain it simply.

      There are laws _against_ murder and rape. These laws do not "allow and encourage" murder and rape.

      There are laws _requiring_ companies to maximise shareholder profit (as much as they legally can, consistent with their declared business). Taking out dodgy patents is not illegal and may increase shareholder profit. Those laws do allow and encourage dodgy patents.

      Now do you see the difference?

      --
      rant
    2. Re:Simple... by tshak · · Score: 4, Insightful

      What's legal is not always ethical, what's ethical is not always legal. A corporation is designed to make money, yes, but in an ethical way. They are not designed to exploit our rights and do everything in their power to make money in an evil and immoral way.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  30. What can be done? by Rothfuss · · Score: 5, Insightful

    This is just the latest in a *long* line of trivial, abusive patents that have been discussed on Slashdot. They all make a mockery of what intellectual property rights are intended to protect, which is innovation.

    What, other than making sarcastic comments about 1-click shopping, can actually be done to effect change on how patents are granted?

    Who's e-mailbox should we all slam with requests for reasonable IPR laws?

    Anyone?

    -Rothfuss

    1. Re:What can be done? by awful · · Score: 2, Interesting

      That is the first sensible post on this topic all day. If you don't like the situation - change it. Somone needs to sit down and do some research - find out all the 'landgrab' patents that have been filed over a particular period (6 years seems like a good start), then do the work locating all the prior art, then use the info to make a mockery of the whole mess, scaring the politicians into action.

      Be like McSpotlight - do the research and force the main offenders into a public forum like a court.

    2. Re:What can be done? by Rogerborg · · Score: 2
      • Who's e-mailbox should we all slam with requests for reasonable IPR laws

      How about webmaster@uspto.gov, informing her that she is in breach of IBM's patent on using templates to generate a web site.

      My god. I was joking when I started typing that, but it's accurate. The USPTO web site is almost certainly put together using "a plurality of templates". And they granted a patent to IBM on that. Farcical, absolutely farcical.

      On the bright side, as the USPTO funds itself from granting (mostly frivilous) patents, it's nice to see them finally hoist on their own petard.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:What can be done? by Panaflex · · Score: 4, Informative

      I have written legislatures extensivly on this topic, and have been invited to attend hearings on the matter. Never been, though I've talked once or twice to the PTO before. Here's my sloppy and quickly written take.

      Here's what it's going to take (Pick 2).
      1. Corporate backing (i.e. money. Find a company recently badly burned by patents to back up legislature)
      2. Sacking people at the patent office. For what it's worth, the patent office is more of a product registration entity than an idealistic "never-seen-that-before" museum of greats. Hell, even I have a patent!
      3. Changing the whole business of patents. Puttng hundreds of lawyers out of business.
      4. Changing the view of product development and competition.

      You see, sometime in the past, the patent office got spanked for the light bulb and the computer, and the transistor, others too. Whenever the patent office stuck by its guns, seems that they always got in trouble. Then in the 50s or 60s the people decided that the patent office was holding back innovation.. that they needed to move faster. So they gave them minimum patent creations. The effect was to expand the patent office to not only store the great ideas of the world, but to become a registry of products and service methods.

      Lots of companies were looking to build new products based on old designs, but figured that they couldn't protect the product for a long enought time to make money off it.

      The goverment saw a chance to fill in this practice with "lowering the bar" so to say for patents.

      Whether you think this is bad or good depends mostly on which end of the stick you're on.

      Getting a patent isn't that hard.. honestly. It just takes money, good lawyers, and a long time.

      Getting a GREAT patent is. Because chances are that there are atleast one other patent that resemble yours at least in context.

      Here's the stickler.. if you improve the patent office then open source will suffer... Why? Because companies will start enforcing their patents.

      I can't imagine how much of the linux kernel/os/gtk/qt has patents associated already. I remember reading security patents in 89 from apple and sun that are SURELY broken by openssh. I'm sure there's alot of patents on GUI's, on cacheing, on scheduling, on file formats. But it's BECAUSE of lackluster patents that companies don't go after linux. Why? Because they're afraid of that other company that might have a simular patent going after them.

      So the only way to really do it is to kill software patents, right? No.. then you'll see companies and universities going the "trade secret" route. Free Code could disappear like turkey on thanksgiving.

      I think the real answer lies in improving the quality of patents. Raising the bar a bit, but not being too idealistic. To do this, the patent office should HIRE PEOPLE WITH A REAL SOFTWARE BACKGROUND. Most of them, I hear, are lawyers. (That's who they deal with, right?)

      In other words, get the industry to pay for a comprehensive database like biomedical does. Allow people to "publish" in a journal to document prior art. This, and a good combination of standards committees will keep the playing field level, IMHO.

      Anyhow, IBM has every right to get a patent on this.. you would too. Spending a few million bucks on development, only to get dragged into court later is NO FUN. Better to patent some basic novel method.

      There's lots of patent holding companies who get their jollies off calling IBM and telling them their infringing on their patent.

      Pan

      --
      I said no... but I missed and it came out yes.
    4. Re:What can be done? by Webmonger · · Score: 2

      A simple change would be making the USPTO liable in cases where ludicrous patents are granted. That would make it in their interest to use more rigid standards.

    5. Re:What can be done? by Panaflex · · Score: 2

      Free Code with Patents:

      1. mpeg. Lots of free code, lots of patents
      2. svg. Apple holds a patent on alpha channels (I'm thinking Macromedia and Adobe have simular patents)
      3. css. Microsoft holds a patent on CSS2
      4. drivers. HP's GPLed printer drivers have patents behind them. I wouldn't be suprised if 3com had some patents in the linux drivers.
      5. ghostscript. Definitaly has patents behind it.
      6. linux. Heck, at one time the blinking cursor was patented by IBM. No joke. Some of the unix patents have expired.
      7. OpenGL. More patents
      8. RSA. Now free, but was patented (RSA corp let this expire). RC4 is a trade secret. MD5 is patented. DES is an IBM patent (expired, iirc).
      9. X11/Freetype. MS and Apple each hold patents on portions of TrueType. Rob Pike/ATT hold the patent on backing store. I'm sure there's patents on the transport mechanism.
      10. GIF. Lots of free gif software, one stinkin nasty patent.
      11. JPG. Patented, freely licensed
      12. JPEG2k Patented, most portions freely licensed.

      Just because you are not aware of patents, doesn't make you qualified to state that most free software is patent free. That's garbage, and a comprehensive study would be too expensive.

      Just because you stick your head in a hole and hide from patents doesn't mean that people arn't out there, right now, writing them for something you're working on in free code, unawares. You need to go down to your library and figure it out.

      enlighen yourself.

      Pan

      --
      I said no... but I missed and it came out yes.
  31. Netscape Gold? by TheMightyZog · · Score: 3, Informative

    I seem to remember Netscape Gold 2.02 (from 1996 or 1997?) having a WYSIWYG editor.

    Given the length of time it takes to work a patent through the system, I'm sure we're going to have many more years of foolishness like this ahead.

  32. So what? Patents are not just attack tools. by Speare · · Score: 3, Insightful

    Patents exist.

    There are two things that patents do:

    • let you sue someone who copies you, and
    • protect you from being sued by someone who copies you.

    One is a sword, one is a shield.

    If IBM doesn't use the patent as a sword, then who should care? Nobody. If they start charging royalties for those who "infringe," if they start trying to attack other companies who have since done the same obvious thing, then you can sound the alarms of righteous indignation.

    Until then, STFU. Please.

    --
    [ .sig file not found ]
  33. Re:ABOUT: Box by penguinboy · · Score: 2

    Frontpage 97 (or perhaps an even earlier version) came on the Windows NT 4 CD (released 1996).

  34. ????????/ by clone304 · · Score: 3, Interesting

    Does all of this conversation spawn from boredom? The ONLY reason this topic was modded up to the main page is that it's Funny. IBM cannot enforce this patent. Anybody with at least half a brain, can see that it is not non-obvious. In fact, the Patent Office could use a rule similar to this to avoid handing out idiotic patents in the software industry:

    The birth of computers obviated the USE of computers to automate tasks that previously would have been done manually or with another device. Thus any use of a computer to automatically do anything that would have previously been done by hand or with another tool is obvious. This also applies recursively. In other words, any use of a computer to automate the operations of a computer to do work that would have previously been done through manual usage of a computer is also obvious.

    This one simple, OBVIOUS rule would strike down just about every software patent in existence, and only grant software patents that were truly deserving. I can't think of a truly deserving software patent off the top of my head, but methinks the posibility COULD exist.

    Either way. Why all the drama, ./ers? Bored?

  35. since when is this new? by maxpublic · · Score: 2

    Based on the vague generalities of the patent, I think I could claim prior art based on Perl programs I wrote back in 1997 that did this very thing. User goes to web site, has a variety of templates they can choose from, inputs some information for the web page, format, etc., and presto! The new page is uploaded directly to a web site that hosts the user under a unique name, along with all the other users that made their own pages. In addition, the user could go back and modify the page later if desired. Completely automated from start to finish, no HTML required.

    I wrote several versions of this program for different companies, none of which (to my knowledge) managed to survive the dot-bomb. But I know for a fact that my idea wasn't an original one; several other sites were doing the same thing. I visited these sites to see what they did so that I could 'one-up' them with my own program and improve on what they had to offer.

    So unless I've got the wrong take on IBM's patent *I* can prove prior art. I might even have the programs backed up somewhere in storage. But there are others that can prove prior art to *my* claim as well.

    How can IBM expect to enforce this claim? This wasn't something new and innovative at the time the patent was submitted.

    Max

    --
    My god carries a hammer. Your god died nailed to a tree. Any questions?
  36. RTFP, or, the claim's the thing . . . by werdna · · Score: 5, Informative
    Look, here's the deal. The abstract, by regulation and statute, has no bearing whatsoever as to the scope of a patent. None, nada, bupkis. Don't characterize a patent by the abstract -- you'll be wrong, often wildly wrong.

    Look to the patent claim, which governs the scope of the patent grant. Understand that the meaning of that claim may depend upon many other things. And be cool -- most patents are much narrower than they seem to a lay reader.


    1. A computer system comprising a tool for creating Web sites having user specified features, the system comprising:
    identifying means for identifying an interface browser means during the creation or editing of content for a Web site, wherein the identifying means identifies, at least, the particular type of interface browser means being implemented to create or edit the Web site content;
    presenting means, responsive to the identifying means, for presenting a plurality of views, wherein the plurality of views comprise menus of user selectable features, and wherein the presenting means presents predetermined ones of the plurality of views based upon the interface browser means identified;
    selecting means for enabling a user to select one or more of the user selectable features, and wherein the user selectable features comprise one or more browser specific features that further comprise features predetermined to accommodate predetermined interface browser means;
    storage means that stores, at least, common browser features that may be presented on a created Web site independent of browser type used to access the created Web site, the browser specific features selected so that the browser specific features selected may be presented on the created Web site when the created Web site is accessed by the predetermined interface browser means, and alternative browser features that display on the created Web site when the created Web site is accessed by browser means other than the predetermined interface browser means;
    template means, associated with the one or more of the user selectable features; and
    assembling means for assembling a Web site by retrieving the template means associated with the one or more of the user selectable features selected, and adding to the template means the common browser features, and either the browser specific features selected when the created Web site is accessed by the predetermined interface browser means, or the alternative browser features when the created Web site is accessed by browser means other than the predetermined interface browser means.
    1. Re:RTFP, or, the claim's the thing . . . by Black+Perl · · Score: 3, Insightful
      most patents are much narrower than they seem to a lay reader.

      True, but I've read this one, and it is general enough to cover just about every Content Management System.

      --
      bp
    2. Re:RTFP, or, the claim's the thing . . . by werdna · · Score: 2

      True, but I've read this one, and it is general enough to cover just about every Content Management System

      Probably not, as the examiner records that he compared the claims against some fairly fundamental content management technology, including WEBDAV, BSCW, Zope and the Carolyn Kraut article on site-development tools.

      The best way is to carefully study the claim and compare it, limitation by limitation against your technology-du-jour, but a review of the prosecution history would probably give you the quickest insight as to how the claim differs. Examiner shows some prior art, and the lawyer explains why it is patentably distinguishable -- those explanations limit the scope of any patent that might issue.

  37. Re:But will IBM enforce this? by homer_ca · · Score: 2, Insightful

    Probably not. IBM doesn't really have a history of shaking down people for royalties RAMBUS or Unisys style. It's probably a defensive move to keep someone else from filing it first and using it against them offensively.

  38. Only one thing left to do... by poemofatic · · Score: 2, Funny

    file a patent on filing patents on obvious software practices for which there exists lots of prior art.

    --

    When in doubt, have a man come through a door with a gun in his hand.

    1. Re:Only one thing left to do... by Elwood+P+Dowd · · Score: 2

      Especially since we're now allowed to patent business models...

      --

      There are no trails. There are no trees out here.
  39. Patents at Amazon.com made it sucky by Anonymous Coward · · Score: 2, Informative

    I joined Amazon.com as an engineer just before they went bonkers over patents. As a long time free software fan, the whole one-click deal was a real shock! A bunch of us who worked there were totally bummed.

    We were told not to talk about the "one click" patent AT ALL. So people would write "I'm not talking about it", etc, on elevator whiteboards.

    It was a sad joke. And oh yes.. The whiteboards went away as the layoffs came.

  40. It's for browser-specific pages. by Animats · · Score: 2

    This seems only to cover the generation of multiple, browser-specific versions of the same web page from one template. It doesn't cover template-based HTML generators generally.

  41. Prior Art: Homestead.com by thehossman · · Score: 2, Informative
    Unlike some of the other prior art pentioned, homestead.com had a system that opperated exactly as described. They annouced it in a press release just 11 days prior to the patent application.

    Coincidince?

    --
    -- The Hoss Man
  42. IBM, Come get me you skanky bastards by Enonu · · Score: 5, Funny

    #include <stdio.h>

    int main (int argc, char** argv) {
    char buff[100];
    printf ("Please enter in your web text: ");
    scanf ("%s", buff);
    printf ("Your web page: <HTML><BODY><b>%s</b></BODY></HTML>\n", buff);
    }

    1. Re:IBM, Come get me you skanky bastards by Ryan+Amos · · Score: 2

      This is a clear and easy buffer overflow. I can't believe nobody moderated this comment down as (-1, Insecure). Code as buggy as this should never see the light of day. This is how things like red alert start, haven't we learned our lesson?

      take((* with) grain, of->salt);

    2. Re:IBM, Come get me you skanky bastards by aralin · · Score: 2

      And then we should have a secure code... you managed to introduce a buffer overflow vulnerabilty in *SIX* lines of code! COngratulations!

      --
      If programs would be read like poetry, most programmers would be Vogons.
    3. Re:IBM, Come get me you skanky bastards by Rogerborg · · Score: 3, Funny
      • This is a clear and easy buffer overflow

      Tsk, it's the mandatory backdoor for the NSA to use to ensure that the system that the binary resides on isn't being used by baby raping file sharing anthrax snorting terrorist monsters.

      --
      If you were blocking sigs, you wouldn't have to read this.
  43. Nando.net had this in 1994 by wfaulk · · Score: 3, Interesting

    I don't know what the rule is for "prior art" (does it need to be published?), but I worked for Nando.net back in the early-to-mid 90s and we had a system that would qualify. We had a legacy system for newspaper editors that eventually got the data back in those systems back to a series of Perl scripts that we wrote that formatted it according to the site's format. Anyway, the editors wrote only text - no HTML.

    I seriously doubt that they still use the same system, though.

    --

    Fuck 'im up, Tim! His views are invalid! -Pirate Corp$

  44. This might be a flight of fancy, but.. by pedro · · Score: 4, Insightful

    Might it not make sense that IBM, (now a good open source ally) is now actively, and proactively plugging holes in the anti-open source dike?
    After all, we've often discussed on this very site the notion of patenting everything we think of, as a community, as a hedge against the multinationals!
    Big Blue could very well be on our side here. God knows.. given all of the support they've supplied, and how severely entrenched we are so far, pissing us off NOW would be a Bad Business Move(tm) on their part. They have everything to lose, and very little to gain if they actually think this patent is truly enforceable.
    I vote a Benefit of the Doubt for IBM.
    Who's with me?

    --
    Brak: What's THAT?
    Thundercleese: A light switch.. of TOTAL DEVASTATION!
  45. PATENT: "A Mini Play" by Nathdot by Nathdot · · Score: 2, Funny

    IBM: "I patent the HTML wizard"
    MICROSOFT: "Well I patent HTML"
    IBM: "Well I patent the whole internet."
    MICROSOFT: "Well I patent all the computers."
    IBM: "Well I patent YOU!"
    MICROSOFT: "Well I patent you times one thousand"
    IBM: "I patent you times one million"
    MICROSOFT: "I patent you times infinity. No returnsy, personal jinx, sucks to be you!!!"

    *SMACK!*

    MICROSOFT: "MOM!... IBM hit me!"
    MOM (aka US Supreme Court): "Stop your whining! I thought I told you: 'No more patenting after you stole Java from your baby brother'."

    :)

  46. Re:Speaking of timewarps... by JabberWokky · · Score: 2
    Gah! Yes, yes - add a decade to those dates. 1997, 1996. I typoed those.

    --
    Evan

    --
    "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
  47. Questionable? by SenorChuck · · Score: 2, Insightful

    If I'm not mistaken, wouldn't something like the /. user preferences be under the wing of
    this patent? After all, the preferences allow you to customize the html presented to
    you without the need to actually write any html on your own -- it asks you questions
    about how you want it to be presented, and you get what you ask for. How long has this
    system been in effect? Can any /. ops answer this one?

    --
    A wise person makes his own decisions, a weak one obeys public opinion. -- Chinese proverb
  48. Who needs prior art? by Dwonis · · Score: 2

    How about using the OBVIOUS argument???

  49. Because the patent office is screwed up by Tord · · Score: 5, Insightful

    The problem here is not that IBM uses a screwed up patent system to their advantage, the problem is that the patent system is screwed up in the first place.

    What if it wasn't IBM that got this patent, but somebody who would use it more like a sword? What if IBM in ten years changes their policy and starts to use patents for attacking? What if IBM indeed intends to use it as a weapon against somebody?

    I think most of the aggression here was pointed against the patent office and not IBM in particular. The patent system has just become one big machinery who's main goal seems to be to sustain itself and all the lawyers working with patent issues. It simply doesn't protect and promote innovation anymore the way it was meant to, at least not in the fields of software and business models.

  50. Profit Motive as Justification by TheFrood · · Score: 5, Informative

    People should stop complaining when organisations do what they are designed to do - namely make money (in the Patent Office's case, this means granting as many patents as possible). Don't bitch about the RIAA when they push for freedom-curtailing laws - THEY DON'T CARE - their job is to protect the interests of those who pay their salaries. Don't bitch when a for-profit corporation exploits dumb laws to increase their profit margins - THEY ARE DESIGNED TO DO THAT.


    Every time a story about a company doing something irresponsible or evil gets posted on Slashdot, somebody invariably makes this argument. "Don't blame them! They're just trying to make a profit!" Apparently the idea is that anyone who's trying to make money is exempt from any moral responsibility whatsoever. I've never heard a good explanation for why this is supposed to be true. In fact I've never heard any explanation for it; some people just assume that the profit motive is enough to justify any misdeed, as long it stops short of breaking an actual law.

    Abusing the system by filing frivolous patents is wrong. Yes, there should be a law against it, but the fact that there isn't doesn't mean that the people who do it shouldn't be criticized.

    TheFrood

    --
    If you say "I'll probably get modded down for this..." then I will mod you down.
    1. Re:Profit Motive as Justification by BitwizeGHC · · Score: 3, Insightful

      The responsibility they have to their shareholders to make as much money as possible precludes any moral compunction they may have. Violating the latter gets them bitched at by a few Slashdotters. Violating the former gets them fired and possibly sued into the poor house.

      --
      N4st0r, trixx0r h0bb1tz0rz! Th3y st0l3 0ur pr3c10uzz!
    2. Re:Profit Motive as Justification by garver · · Score: 4, Insightful

      You missed Sanity's point: They don't care about their moral responsibility.

      Besides, "moral responsibility" is a vague and relative term. What you consider immoral, I may consider ingenious. Does that mean I'm wrong? You think so. Does that mean you're wrong? I think so. Where does that get us?

      The question is, should businesses use "moral responsibily" or laws as a code of conduct. "moral responsibility" doesn't work since its open to wide interpretation, everyone would have a different set of rules and the game would be unfair. Laws are a lot more concrete and make a better set of rules.

      The point is, arguing that businesses should follow a moral code is useless. They don't and can't.

    3. Re:Profit Motive as Justification by mosch · · Score: 4, Insightful

      It's immoral to run a company in a manner which ignores obvious and legal methods of generating revenue. It's irresponsible to the employees and stockholders of the corporations. Indeed, it's so irresponsible that failure to maximize profit is an actionable offense.

    4. Re:Profit Motive as Justification by nlvp · · Score: 2, Insightful
      What a load of drivel, and completely unjustifiable as a response to the parent post.

      The simple point made by the original poster was that management had a fiduciary duty - enforceable through the threat of removal of the relevant persons from office - that was, on balance, a greater motivator in decisions than the perceived moral requirements of certain interest groups (hence the reference to Slashdotters).

      Taking certain points in your post...

      If the company had no moral compunction, then there would be no reason for them to follow any laws ... you honor laws because you feel it is right to do so, not because you fear punishment

      Not everyone has the same moral compass, and what is perceived as immoral or unjustifiable by some seems normal to others. Society creates rules, some of which are enshrined in law, and others enforced by society, and the laws serve to control the behaviour of people with a moral system not in alignment with society, generally through the use of deterrent force.

      everyday everyone of us has a million oppertunites to flaunt many a piddling law

      Sure, but not all laws are piddling and the penalty tends to be in proportion to the perceived severity of the crime. Get caught speeding and get a fine. Get caught trading on insider information and get put in prison for 2 years at least. Get caught deliberately making decisions that go against the interests of the shareholders you represent and get disbarred from ever being made a director again.

      So, if you have no moral compunction and if your highest motive is profit, then you are obligated to get into teh most profitable concievable business. That business is the dealing of addictive substance (with a relatively low production/conversion cost, no quality control, and a vertical demand curve.)

      The relevance of drugs to patent law and director's fiduciary duties? Anyone's guess, but by this point in your post you were obviously foaming at the mouth. Pretending to take this seriously, I would answer taht you have deliberately ignored the high risk and concurrent cost associated with getting caught. This, to use your terminology, is not a "piddling" crime.

      Do most corporations deal crack? Well, then, I guess there's some fucking morality out there afterall, you dim fucking shits.

      At this point I had to either moderate your down as a troll or go through the motions of replying. I prefer to moderate good posts up rather than morons down, so I replied.

      Study a little law before you spout bullshit like this - with some effort you might even come across as someone who thinks before entering a discussion all guns blazing and coming out the other side looking like a fool.

    5. Re:Profit Motive as Justification by King+Babar · · Score: 2
      Every time a story about a company doing something irresponsible or evil gets posted on Slashdot, somebody invariably makes this argument. "Don't blame them! They're just trying to make a profit!" Apparently the idea is that anyone who's trying to make money is exempt from any moral responsibility whatsoever.

      Not quite. Individuals are (or should be) always responsible for their actions. It is the diffusion of responsibility within large organizations that makes it very difficult to even discuss moral issues when discussing a corporation. So let's not even try to do that. Instead, I think it is far better for people to have accurate notions of what corporations are all about. Really, where we get into problems is when people start believing the self-serving blurbs that companies put into the media (itself a collection of corporate entities) about how great they are or how much they care.

      If people really understood that each and every public corporation (at least) has a legal imperative to maximize return on shareholder investment, then they would treat corporations much differently, and support measures designed to make corporations as little like individual people as possible.

      So, for example, there is the psychotic weirdness of corporate income taxes, corporate lobbying, and corporate contributions to political organizations. I think the only real way to deal with this mess is to (and please read the whole thing before you flame) eliminate all corporate income taxes. If corporations did not pay taxes, people would see no real reason for them to engage in any of the rest of this nonsense (including so-called corporate charitable contributions, which is essentially a kind of bribery). Basically, it would make the whole system much more transparent. As far as contributions to political activity would go, that would only be allowed to proceed from private individuals, and similarly with lobbying. Once it became clear just how truly concentrated interests in changing regulations or enacting legislation really were, politicians would face a serious dilemma when accepting large contributions from individuals who were known to benefit directly from particular courses of action. Always being able to follow the political money trail back to specific individuals would be an incredibly powerful tool in understanding how the system really worked.

      Obviously, the rich and powerful would find themselves really hating this scenario, precisely because it would require them to be judged for their actions as individuals and not as some small part of a larger and (almost by definition) unresponsible and opaque organization that just happens to serve as their proxy. Politicians would not be very happy with this either. A lot of very valuable information would be more directly communciated by looking at a pattern of acceptance or denial of campaign contributions. People could really see what it was they were voting for or against.

      I really want this. Of course, my kids want a pony. Alas, the likelihoods involved are comparable in the two cases. I've never heard a good explanation for why this is supposed to be true. In fact I've never heard any explanation for it; some people just assume that the profit motive is enough to justify any misdeed, as long it stops short of breaking an actual law.

      --

      Babar

  51. Open Source? Yeah, Right by edibleplastic · · Score: 2
    I think that anybody who champions IBM as one of the bastions of open source amongst real corportations needs to take a good long look at their actions. Is this a company who really supports open source philosophy? Is a patent like this somehow in that same spirit? Or is IBM merely a corporation trying to flag down as many supporters as it can by speaking out of both sides of its mouth?

    We can't be pissed that they applied for the patent and still say that they're better than most companies in the computer biz, cause you can't have both. If Microsoft were to release a few open source apps, would that make them an open source friendly copnany? Make no mistake: IBM is a corporation too (a big one at that) and will do whatever it can to increase shareholder value, even if that means switching strategies whenever its convenient.

  52. Prior art? Think 1992-1993 by winterlion · · Score: 2, Interesting

    I believe the original NCSA httpd delivered some templates for producing HTML but not sure.
    Looked on sunsite.unc.edu/pub/Linux/apps/www/converters for old code. (sunsite's been a linux host since '93 at least - or at least that's how long I've been using it :)

    t2htmll.tgz - Aug 29 1997

    webtex-0.96.tar.gz - May 29 1997

    info2www-1.2a.tar.gz - Mar 2 1997

    What this suggests to me is there's a lot of prior art. I'm using sunsite as an example as it's dating is fairly accurate btw.

    Check perhaps postgresql95, MySQL, NCSA HTTPD-1.0 (perhaps), and maybe even original Netscape server and Netscape composer - circa '95 IIRC.

    But I think the best connection is TeX/LaTeX WWW formatters which probably first came into existance in '92-93 when the physicists developed WWW. After all TeX is fairly common for documentation under unix...

  53. Re:Patented Dirt by thrashncarry · · Score: 4, Funny

    surely this is a good thing though? hike the price up and make people pay every time they use a MS template. the ratio of good/horrific websites will change overnight :)

  54. How to earn money from finding prior art (really) by ronys · · Score: 2, Informative

    Goto BounteyQuest.com and sign up. This is a site that's set up to help kill patents with existing prior art, and is a sensible, practical, and legal way to help restore some sanity to the patent process.

    (It may be argued that the patent issuing process is broken beyond repair, but even if so, a viable alternative has yet to emerge.)

    Disclaimer: I have no interest in the above site other than a registered user.

    --
    Ubi dubium ibi libertas: Where there is doubt, there is freedom.
  55. That's How JCL Worked :-) by billstewart · · Score: 2
    IBM's patent resembles the way the JCL Job Control Language for IBM mainframes worked. Nobody ever actually programmed new JCL - they took some old thing somebody else had around, tweaked the variables and file names, and added the occasional new line, but there wasn't any *real* programming done*, just code stealing. And just *try* to patent "stealing other people's code" as a programming technique.


    More seriously, I do like the example someone posted of Netscape Gold as prior art. Also, HTML is not really much more than the old troff -mm macros with angle brackets around them, and there were WYSIWYG editors for nroff/troff around in the 80s. And when did Slashdot start? Or web-based conferencing systems? Did any of them predate Bianca Troll's Graffiti Wall? The stuff just ain't new.



    * Actually, there was a guy named Eli who worked in the basement who *did* write original JCL, but he was one of those rare wizards. Regular users never touched the stuff.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  56. One commercial example of Prior Art. by jcr · · Score: 2

    The product was called "Pages by Pages", and it was a word processing package for NeXTSTEP. Their "WebPages" product was on the streets around 1993.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  57. some info for you by cryofan2 · · Score: 2, Informative

    Actually, it is quite possible that this is a legitimate patent.
    1. IBM filed in 1998.
    2. You need to understand that invention starts when the idea is conceived. If IBM *conceived* of teh idea in, say, 1994, and diligently reduced it to practice from 1994 to 1998, then, then file with the uSPTO, ....that's how it works. OR they could have conceived of teh idea in 1992...or even earlier....
    This is how the process works....all you need is some documentation of when you first conceived of the idea, and some documentation of having diligently reduced it practice in teh intervening time frame between conception and filing.

  58. Public Review. by kanayo · · Score: 2, Interesting

    This is so long overdue. We need to have a process in which applications for the issue of a patent are presented to the public for review on a web site before the patent is issued so that cases of prior art may be presented. It isn't easy being perfectly vigilant and informed about developments in technology so as to be better able to separate true and legitimate innovations from ridiculous applications, and indeed the USPTO has goofed up too many times to count.

    We desperately need better public review as such errors are immensely detrimetal to the advancement of society. This is the only way that the interests of the public can be more effectively protected against the horridly selfish and capitalistic schemes of these corporations.

  59. That's the law . . . by werdna · · Score: 2

    Believe it or not, every claim is written as a single sentence because it is required by regulation.

  60. Dunno if it's "prior art" by jd · · Score: 2
    But I wrote a complete system for automagically generating HTML (table-based or frame-based) or PDF, on-the-fly, using a SQL database and Apache, in 1994. It also auto-sensed what web browser you were using, with server-side includes, to control what options the user could pick.


    The reason I'm not sure it's "prior art" is that this system asked the web-page writer exactly nothing. They entered the text (one paragraph at a time - the system could also let you pick what style of paragraphing you wanted to view the text with), and they specified the images. Everything else was between the computer and the end-user.


    IMHO, this kind of system (where the end-user, NOT the "web developer", gets to choose how the page looks) is superior to the half-baked template systems I've seen since. After all, it's the user who wants the information, not the developer, so why should the developer have any say in the process at all?

    --
    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)
  61. They've also patented caching by Anonymous Coward · · Score: 2, Interesting

    Look at USPTO # 6,163,779
    "Method of saving a web page to a local hard drive to enable client-side browsing"

    Granted almost a year ago on December 19, 2000.
    Why didn't THAT make the slashdot news?

  62. Re:Lies, Damned, lies, and now this. by Anarchofascist · · Score: 2, Insightful
    To sumarise. "IBM legally f*ks the system for the benefit of shareholders. If you try to stop them, we'll become a third world country." Am I right so far? Then you give us this gem, your only assertion of fact to support your flimsy argument:

    And finally, for those who think that patents are evil or somehow inappropriate for software, processes, and "obvious" inventions,[hey! he's talking about me!] consider this. There is a 100% direct correlation to a country's GDP, the strength of its intellectual property protections, and the number of patents filed by its citizens.

    All dogs have four legs. My cat has four legs, therefore my cat is a dog.

    There is a 100% direct correlation between a country's GDP, the number of people who own TVs, and the number of TV shows produced, therefore TV increases your GDP?

    There is a 100% inverse correlation between a country's GDP, and the percentage of the population who sleep in mud huts, therefore destroy all mud huts!

    A quote from an article on causal reasoning:

    People strive to achieve a coherent interpretation of the events that surround them. The organisation of events by schemas of cause-effect relations serves to achieve this goal.

    But whereas with a normative treatment of conditional probability the data D and an event X can be equally informative, psychologically, causal data tends to have a far greater impact than other data of equal informativeness. So much so, that in the presence of data that evokes a causal schema, incidental data which does not fit that schema is given little or no consideration.

    --
    Once more unto the breach, dear friends, once more, Or close the wall up with our American dead!
  63. Uh, no... by Svartalf · · Score: 2

    Publishing is not a requirement.

    Showing that you did it prior to the patent application and award dates is all that is required.

    Here's a famous example:

    Marconi held the patents on radio, it was shown that Tesla had come up with a more sophisticated (as in a voice device) that was shown at the World's Fair some time before Marconi had even sent his telegraphy signal for the first time. Tesla didn't pursue his device because he was working on something "better" in his mind than hertzian wave radio. Marconi's patent on radio was then subsequently revoked.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  64. Student Software by cascadefx · · Score: 3, Informative
    We built that into our software engineering student project in 1996. We built a resource allocation program for our computer science department called SCORE (for Scheduling Courses with Order, Reliability and Efficiency) for the Department chair that would allow him to easily assign courses and work out room and faculty assignments with automatic conflict catching.

    Our client wanted to be able to post reports that were output from the software to the web. Our head programmer put a very rudimentary web template system in place that would output reports with choices of sort order, gawd-aweful background colors (from a 16 color palett), and customized headings and footers. This was all done without the user having to know any HTML. You can see samples here dating back to 1997.

    The About SCORE page even references automated HTML authorship. From the page:

    SCORE (Scheduling Classes with Order Reliability and Efficiency) is an application developed by a group of Computer Science students enrolled in the Software Engineering sequence at Ball State University. SCORE is an application that is a flexible scheduling advisor for use by faculty involved in the creation of course offerings by a department. SCORE has features which allow for powerful schedule reporting, class conflict catching and reporting, persistent and consistent data retieval and automated HTML authorship of documents for Internet/Intranet display.

    Though ugly, I think these qualify as prior art and beat IBM's 1998 application.

  65. Defensive patents? by The+Second+Horseman · · Score: 2, Informative
    IBM has had defensive patents for years -- stuff they never intended to charge for, but they wanted to make sure someone else didn't screw them.

    During the IBM/Microsoft divorce, IBM was supposidly able to drop a big, thick pile of patents on the table to prevent Microsoft from really shafting them.

    Didn't IBM have a software patent way back on using the TAB key to move between fields in software? They never charged anyone for that one.

  66. Re:Prior art? Think 1992-1993 by drnomad · · Score: 2
    Not sure?


    Netscape composer, used it in 1997, I'm very sure... but yours would be better...

  67. Not funny for the victims by Rogerborg · · Score: 2
    • IBM cannot enforce this patent

    Uh, what world are you living in? If the cost to any individual company of paying up is less than the cost of fighting it in court, the company has a duty (to its shareholders) to pay up.

    Nobody's going to take a stand against this, unless IBM picks the wrong targets.

    --
    If you were blocking sigs, you wouldn't have to read this.
  68. Yep. by RomulusNR · · Score: 2

    TIBCO PortalBuilder, which was the initial engine for My Yahoo! and is used by private firms for personalised customer web services.

    --
    Terrorists can attack freedom, but only Congress can destroy it.
  69. I definately have prior art.. back to 1993. by mindstrm · · Score: 2

    I commonly used templates to generate websites for customers way back when.

    The idea, software, and everything was my own. I did not think it was revolutionary.. more like 'obvious'.

  70. Re:Prior Art: 1995 by sulli · · Score: 5, Interesting
    I have right here in front of me a copy of the very first FrontPage, by Vermeer Technologies, copyright 1995. From the package:

    Visual tools make modifications as simple as dragging-and-dropping.
    - Drag-and-drop hyperlink editing
    ...

    Desktop publishing features create professional-looking results.
    - Hide HTML code with WYSIWYG editor
    - Create "hotspots" on images with clickable image editor
    - Add interactive forms with just a few mouse clicks
    ...

    WebBots (tm) eliminate programming tasks while Web Wizards guide you through the creation process.

    Built in WebBots let you:
    - Create bulletin boards for threaded discussion groups
    - Save information from fields automatically
    ...
    Web Wizards simplify the development of:
    - External Web sites
    - Internal Web sites for corporate information distribution
    Select from over twenty page templates or create your own.

    So is this prior art or what?

    --

    sulli
    RTFJ.
  71. Westside.com was doing this before then by WillSeattle · · Score: 2

    They're in the Fremont neighborhood in Seattle - I'll bet they'll find this quite interesting.

    --
    --- Will in Seattle - What are you doing to fight the War?
  72. The patent office is not designed to make money by MemeRot · · Score: 3, Informative

    Constitutional basis for federal patent and copyright systems is to be found in the Constitution of the United States Article 1, Section 8, clause 8 which states:

    "Congress shall have power ... to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. "

    Federal patent laws have existed since 1790. The first United States Patent Act, that of 1790 was a short act of seven sections only entitled "An act to promote the Progress of Useful Arts". Under its terms any two of the Secretary of State, the Secretary of War and the Attorney General were empowered to grant patents for terms of up to fourteen years for inventions that were "sufficiently useful and important" provided that the grantee submitted a specification describing the invention (and where appropriate a model thereof) to the Secretary of State at the time of the grant.

    In 1793 this act was repealed and replaced by a slightly longer act, the drafting of which is largely attributed to Thomas Jefferson, who was at the time Secretary of State and therefore intimately involved in the administration of the 1790 Act. The Act is notable for its definition of what constitute patentable subject matter in the United States, which definition is almost unchanged up to now:
    "any new and useful art, machine, manufacture or composition of matter and any new and useful improvement on any art, machine, manufacture or composition of matter."

    In the same year the Supreme Court in Grant v. Raymond made it clear that failure to provide an adequate description of the invention was a ground under which a defendant might use when sued for patent infringement, it being held that

    "as a preliminary to a patent a correct specification and description of the thing discovered (was required). This is necessary in order to give the public, after the privilege shall expire, the advantage for which the privilege is allowed and is the foundation of the power to issue the patent ... "

    A major review of the law was undertaken in 1836 in response to complaints about the grant of patents for things that lacked novelty. Under this revision the Patent Office was set up as part of the State Department and a specification had to be submitted to it and be examined for novelty before a patent would be granted. As a consequence of this provision of the 1793 Act requiring the inventor to distinguish his invention from the prior art was expanded upon to require the applicant to "particular specify and point out the part, improvement or combination, which he claims as his own invention or discovery".

    Nowhere in there do I see anything about being designed to make money.

    What I do see is that the Patent Office was set up to ENSURE sufficient novelty in those items submitted for patenting. If it fails in this IT IS FAILING IN THE ONE THING IT WAS DESIGNED TO DO!

  73. PRISM/ Tcl by josepha48 · · Score: 2

    I think CNet came up with PRISM years before that, and it is a template based language. It is now sold as StoryServer.

    --

    Only 'flamers' flame!

  74. Re:So what? Patents are not just attack tools. by The+G · · Score: 2

    To pick a nit:


    There are two things that patents do:

    let you sue someone who copies you


    Actually, patents allow you to sue not only those who copy you but anyone who independently invents the same thing that you did. There is no requirement that somebody have copied, or indeed even have been aware of the invention or patent, for that person to be sued.

    This is the real evil of patents: You could be infringing on one right now and not know it. We frequently have to deal with this where I work, as we discover that systems we spent years writing may have been illegal because of a patent we never heard of on a product that never made it to market half a dozen years ago.

    Patents don't just prevent copying. They prevent re-invention.
    --G

  75. Oh? by Kasreyn · · Score: 2

    "In the meantime, the rest of us will enjoy the fruits of an economy created by companies that work and a government that protects their work."

    Pity IBM in this case DIDN'T DO THE WORK! I guess then you won't mind the patent being overturned when any one of a billion pieces of prior art are brought up?

    Corporate apologists like you disgust me. I don't know whether you're blinkered by your simple-minded faith in capitalism, or are simply being cynical twats. Either way, you need to get your collective heads on straight. A corporation, doing any dirty thing it can manage for money, is not somehow an "honorable" or "right" thing. It is not something we can expect, and it is not a success we must depend on. I for one would as rather live in a country built on the financial misdeeds of a megacorp, than I would live in a country built on any other sort of crime, like genocide.

    Oh wait, I live in a country built on both... damn.

    -Kasreyn

    --
    Kasreyn: Cheerfully playing the part of Devil's Advocate to hairtrigger /. flamers since 1999.
  76. Re:Sorry, IBM? A Tale Of Two Sides by d.valued · · Score: 2

    This is one of those catch-22 stories, something which makes me simultaneously dislike and love the prospects.

    I am one who believes that software patents are bad with three M's and a silent Q. I mean, the base concepts aren't too original, so what's the point of issuing 28-year patents on things which, within less than a quarter of that term, are so behind the SOTA (State Of The Art) that everyone and their granny could think of it and possibly code it if they (a) were technically capable and (b) otherwise unencumbered by it.

    That's the dislike part.

    Now the love parts.

    First off, IBM's investments in one of our favorite offspring from the fount of the Open Source, Linux, is rather impressive. Most of their hardware runs exceedingly well on Linux, and probably BSD as well (though that's not what I personally use often.. it's good in ultra-security apps, though...)

    Second, it allows Big Blue ammunition to attack our Great Satan And Enemy Of Everything We Love, Microsoft.

    This is a potential legal matchup that makes Vegas bookies drool in anticipation, like the matchup between two undefeated boxers or the ALCS. (Granted, Seattle has a bit of an advantage IMHO, but (a) they were wiped by the Yanks last year and (b) their power probably is an extention of Redmond's satanic verses... )

    Iff Big Blue wins, it's more money to (potentially) feed into the Linux R&D pool. Iff Microsoft wins, it still loses a lot of legal fee money and IBM gets one less patent in its portfolio.

    Choices, choices, choices..

    Doesn't affect me, though. I use echo to code html :)

    --
    I used to be someone else. Now I'm someone better.
    Real life is underrated.