Slashdot Mirror
AvantGo Gets a Patent
AnElder writes: "Yahoo's Daily News Technology section is carrying a story reporting that AvantGo has received a patent for its synchronization technology. And here's an excerpt: "In legal jargon, AvantGo said the U.S. Patent and Trademark Office had issued it patent No. 6,341,316 covering the system, method and computer program product for synchronizing content between a server
and a client." Why didn't I think of this?" In all fairness, the patent doesn't seem to be as bad as many that have been issued. It cites many other patents as references (which helps ensure that AvantGo is doing something *different*), and is rather specific about the process - I would expect that there are many ways to "synchronize" data that wouldn't run into this patent.
Well, I guess the patent isn't too onerous. But! What's the big deal anyhow?
Look at it - software patents basically take the idea that you had and force the concept into a legally protected form. But I believe the reality is that duplicating the data streams and storage methodologies (not to mention the marketing and hype) are going to be cost prohibitive for most companies anyhow. Why bother?
I suppose this kind of things bothers me, as I know it does others, because it seems to be getting more prevalent and smacks to me of protectionism in software. To me it's equivalent to providing an incumbant telecommunications infrastructure provider (like a cable-co or telco) exclusivity in a market and keeping out the competition. Good for the provider, bad for competition and business generally. I firmly believe that preventing the use of good technology in any scientific field (like software, biotech, engineering) by many different groups slows the rate of innovation in that field. Patents on specific inventions seem reasonable to me, though. I approve of the patent for the lightbulb, but not a patent on the use of electricity to provide light!
Claim 1: The client subscribes to aa set of content, the server gathers this content and later sends instructions to the client to transfer the content.
Claim 2: As above, but use a single message for the request and a single message for the transfer.
Claim 3: As 1, but also identifies "information that is of interest" during the sync.
Claim 4: Claim 1 where it happens over http. victim: I may become ill and stop typing this.
Claim 5: Claim 4 but transfer some XML on the HTTP. Yep, that's it. I can't go on. I mean no one would ever have considered transfering XML over HTTP! My GOD these people are geniuses!
There is nothing in this patent that a handful of competent engineers wouldn't come up with in their first brainstorming session.
I propose that the US Patent Office has so badly mismanged software patents that ALL software patents should be vacated and the patent examiners held personally liable for any damages claimed by the affected patent holders.
It's an impressive system, but to me it fails to me to qualify as unobvious. Given the problem that AvantGo solves, it seems to me to be a straightforward and obvious solution: it's just that they happened to be the first to stumble upon the problem.
[Insert Obligatory [Obligatory] here]
I don't know much about the patent, legalese is beyond me so I'm not going to comment on if the patent is overly broad or not. With this type of thing, it's hard to say. Some could argue that what AvantGo is doing isn't a whole lot different than how a browser works.
Here's the thing though, even if it is very similar to a browser, it's still a unique and worthwhile service. Basically it takes existing sites and digests them into a format my PocketPC/Palm Pilot can handle. I like this because it turns my PocketPC into a little entertainment device. The Onion is one of many sites that is support AvantGo. It's pretty cool that in a meeting I can flip open my PocketPC to 'check my calender', only to be reading an article about an Ancient Race of Skeleton People Unearthed in Egypt.
It's likely that the patent could be too similar to how a browser works I suppose. Here's the thing though, AvantGo has a pretty focused business. "Convert web pages into useful docs on a PocketPC." I'd say that the chances are real good that the only people they'd go after would be the 'me too!' places that take AvantGo's idea and run off with it to make a competing service. Since AvantGo did such a wonderful job of making this a useful service, I'd hate to deny them protection. I don't think this is on the same level as Amazon patenting 'one-click shopping.' The steps AvantGo has to go through are rather complex.
I tell you what though, my tone would change really fast if they unfairly sued somebody.
"Derp de derp."
I think that if Slashdot takes a stance on software patents as being good or bad in every case, there's no point in ever having a discussion of them. Is /. supposed to take an official stand on everything, and everyone must fall in line with that stand? There would be lots of complaints if everyone who posts an opinion that is contrary to the status quo got modded down just for that reason. This type of article fosters discussion, which is good. I don't mind discussing an issue with someone who doesn't agree with me, but I don't want the forum telling me what to think or say.