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BT Pushing Hyperlink Patent

There's been a lot of new publicity lately about the British Telecom trying to defend a patent that they claim means they invented hyperlinking. Currently they are going after Prodigy for using hyperlinking back in the early eighties. We've mentioned this one before, but it really looks like they are going to push it. Insane.

452 comments

  1. Lose by gtada · · Score: 1

    Didn't BT just lose another case?

    1. Re:Lose by Anonymous Coward · · Score: 0

      What are trance DJs doing filing patent claims in the first place? Absurd!

    2. Re:Lose by -douggy · · Score: 2

      Well I thought what you said was funny

  2. crazy by thatnerdguy · · Score: 0, Offtopic

    thats a crazy idea!!!

    --
    I saw the Sign, and it opened up my eyes
    1. Re:crazy by Alan+Partridge · · Score: 1

      hopefully just crazy enough to force BT completely out of business so i don't have to suffer at the hands of their customer disservice dept any longer.

      --
      That was classic intercourse!
    2. Re:crazy by dave3138 · · Score: 1

      I am the inventor of the question mark. Pay me royalties, or I'll see you in court.

  3. Already set to die on arrival by Ars-Fartsica · · Score: 5, Interesting
    The prevailing talk among the oucrts is that BT is going down a dead-end and no court is particularly interested in pursuing an obvious legal morass. Added to which it is widely known that Xerox has a strong case for prior art.

    I wouldn't get too worried about this.

    1. Re:Already set to die on arrival by NumberSyx · · Score: 2

      it is widely known that Xerox has a strong case for prior art.

      Also didn't some guy use the hyperlink idea back in the 60's on a project I think was called Xanadu or similar.

      --

      "Our products just aren't engineered for security,"
      -Brian Valentine,VP in charge of MS Windows Development

    2. Re:Already set to die on arrival by Ars-Fartsica · · Score: 2

      You are thinking of Ted Nelson, the self-described "father of hypertext".

    3. Re:Already set to die on arrival by Flounder · · Score: 4, Funny

      As mentioned in the article, Douglas Englebart demonstrated something that sure looks like a hyperlink. Once again, Xerox PARC saves us all! w00T!

      --

      No boom today. Boom tomorrow. There's always a boom tomorrow. - Cmdr. Susan Ivanova

    4. Re:Already set to die on arrival by Anonymous Coward · · Score: 0

      Thodore Nelson is the guy who claimed to have invented hyperlinking and hypermedia in the 60's.

      His book Computer Lib/Dream Machines captures what appears to be teh true gestalt of the hacking culture of the early 70's. I love the cover which bears a fist rasied in revolutionary defiance with the phrase "You CAN and MUST understand computers NOW!".

      The book is copyrighted 1972 and discusess hyperlinking extensively. Sounds like BT sure has their heads up their collective arses on this one!

      As an aside...I have the 1987 Microsoft Press version of computer Lib. Does anyone know of anywhere this classic has been published recently?

    5. Re:Already set to die on arrival by good-n-nappy · · Score: 1

      I believe Englebart was working for SRI.

      --
      Never underestimate the power of fiber.
    6. Re:Already set to die on arrival by Anonymous Coward · · Score: 0

      hehehe what would be even better if xerox decided to just sue BT and only BT for using it's hyperlink technology. That would be a great turnaround for the books:)

    7. Re:Already set to die on arrival by DieselDemon · · Score: 1

      No kidding, the whole mess is like trying to patent a method of shoveling, even though you didn't invent the shovel. Not to mention that everybody and their dog has been shoveling that way for the last 15 years. Looks like someone needs money!

  4. quite within their rights by ideut · · Score: 0, Troll

    Those of you who can see through the usual slashdot editorializing will realise that BT are a veritable innovation machine. Not only did their visionary engineers invent the concept of hyperlinking, their lawyers are not afraid to defend their intellectual property against scoundrels and freeloaders such as Prodigy.

    --

    --

    1. Re:quite within their rights by SirSlud · · Score: 2

      > their lawyers are not afraid to defend their intellectual property

      You ideut. Funny how lawyers are not afraid of making sure they're needed to make large sums for large companies.

      --
      "Old man yells at systemd"
    2. Re:quite within their rights by Rebel+Patriot · · Score: 2, Insightful
      Not only did their visionary engineers invent the concept of hyperlinking

      You didn't read the read article which plainly states that Prodigy has video-evidence of a man demonstrating hyperlinking in 1968.

      their lawyers are not afraid to defend their intellectual property against scoundrels and freeloaders such as Prodigy

      Since when did Prodigy become a freeloader? Perhaps I am mistaken but everything I've seen about them indicates to me that the internet would still be in its infancy if they hadn't struggled to build it.

      --
      Slackware forever. Honestly, what else would you trust when it absolutely positively has to be stable, secure, and easy
    3. Re:quite within their rights by fantastic · · Score: 2, Insightful

      Except when that patent was filed, BT was a government monopoly paid for by the British tax payer.

      Yes there were some smart guys there, but taxpayers subsidized this innovation. BT the company shouldn't reap the rewards

    4. Re:quite within their rights by Rebel+Patriot · · Score: 1
      You didn't read the read article

      Forgive my typo. "You didn't read the article"

      --
      Slackware forever. Honestly, what else would you trust when it absolutely positively has to be stable, secure, and easy
    5. Re:quite within their rights by benjj · · Score: 1

      Good point, but when the government sold off BT, they must have sold all BT's IP rights and patents. Its irritating but there you go.

      Not that I believe for 1 second that BT actually invented the hyperlink

    6. Re:quite within their rights by jmccay · · Score: 2

      One slightly large problem with your arguement. They haven't defended this patent in the almost 22 years since they filed for the patent. If I remember correctly, if you don't defend it, you lose the right to defend it in the future. We've seen some case on Salshdot in which this was proven. It is the companies responsibility to keep track of the patents they own and defend them. I don't see how they can selectively defend a patent 21+ years after they file for it. They not sueing AOL Time Warner. They are not sueing Microsoft. It is took little too late. BT should chalk this up to experience and pay better attention to the patents.
      I know they have 15000+ plus, but again it is there responcibility. If they have to create a department to do this, then it is time they do so.

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    7. Re:quite within their rights by CornfedPig · · Score: 1

      The concept of hyperlinking originates with Vannevar Bush in the mid-40's, if not before. For an idea to be patentable, it must be both novel and non-obvious -- hard tests to pass for a concept that has been floating around in the open literature for more than 3 decades.

      --
      "It's not a bear, it's a hamster. A really, really large hamster."
    8. Re:quite within their rights by drzhivago · · Score: 2, Informative

      You are thinking of trademarks. With trademarks, if you do not vigorously pursue infringing marks, then your trademark is no longer valid.

      Patents do not work like this. They do not have to be actively defended to be kept valid. In this case, though, Prodigy has an even earlier prior art video which shows the technology BT is suing Prodigy for using. If the patent system were more effective in finding prior art, this hyperlinking technology patent would've never been awarded to BT in the first place.

      Greg

    9. Re:quite within their rights by Anonymous Coward · · Score: 0
      "BT the company shouldn't reap the rewards"
      And why not... when BT was privatised the government recieved a huge wad of cash in exchange for the company, including IP rights.
    10. Re:quite within their rights by Anonymous Coward · · Score: 0

      > The concept of hyperlinking originates with
      > Vannevar Bush in the mid-40's, if not before.

      Much earlier in fact. After all, a bibliography
      or a card catalog in a library is nothing less
      than a slow hyperlink.

    11. Re:quite within their rights by nerdlyone · · Score: 1
      Much earlier in fact. After all, a bibliography or a card catalog in a library is nothing less than a slow hyperlink.

      But a card catalog can hardly be interpreted as anticipating and teaching hyperlinking. if that were the standard, nothing would ever be patented.

    12. Re:quite within their rights by ideut · · Score: 1
      Excellent troll. First class.
      -- Brian

      Cheers, tho' it is rather worrying how many people took it so seriously.

      --

      --

  5. Harassment as a business model... by Nijika · · Score: 5, Insightful
    I don't see how this makes good business sense, even if there is MONEY to be made. Alienating, well, everyone who ever will and does use the Internet is probably bad for PR.

    In other words, just because you DO have a patent doesn't mean you should always attempt to enforce it.

    --
    Luck favors the prepared, darling.
    1. Re:Harassment as a business model... by MindStalker · · Score: 1

      Hu? They are a government inforced monopoly, what do they care about PR?

    2. Re:Harassment as a business model... by Anonymous Coward · · Score: 2, Interesting
      Are you from the UK?

      BT started off from a monopoly several years ago, and have maintained this position though bullying and attacking the rest of the marketplace. BT are terribly complacient and it shows though thier buisness stratagy. From their failure to recognise the burden their debts have placed on the company (which worried the city no end) right though to the running battles they've had with other service providers over local loop unbundling (i.e. giving flat rate charges to other competitors to access last mile)

      Oftel (the UK offical telecoms regulator) have been having running battles with them ever since thier creation.

      I don't think BT really give a damn about getting this kind of bad press. Those people that listen already know their aggressive buisness tactics, though that don't care...well, don't care.

    3. Re:Harassment as a business model... by RailGunner · · Score: 1

      I'm not sure patents should be given on software. Copyrights (or Copylefts) yes, but not a patent.

    4. Re:Harassment as a business model... by nahdude812 · · Score: 2
      But if they win the case and can ultimately pocket a penny a click (or whatever) the people who are in leadership positions in BT will be able to retire incredibly wealthy long before their patent expires.


      As to the person below who said you shouldn't be able to patent software, well, they're not, they're patenting the idea of computers providing an easy to navigate function to arbitrarily reference, and allow you to go to another machine. Sounds like on-site linking isn't covered by this patent, but any link to another website is. Sucks to be a search engine.

    5. Re:Harassment as a business model... by Suppafly · · Score: 3, Insightful

      This isn't about a patent on software, its about a patent on a technilogical concept commonly known as hyperlinking. Similar to the idea that MS has a patent on OS's which use overlapping windows and a taskbar containing a start button and a clock. The software implementation is not important. If I were to make a windows looking OS using java somehow and tried to call it windows and sell it, I would be violating their patent.

      Granted, I think anyone trying to inforce a patent on hyperlinks, 40 or more years after the concept has been in common use, is rediculous.

    6. Re:Harassment as a business model... by Anonymous Coward · · Score: 0

      That's wonderful. Do you have any other off-topic moronic statements to make? We are not talking about software. We are talking about an idea or process known as hyperlinking.

    7. Re:Harassment as a business model... by Anonymous Coward · · Score: 0

      Your post is excellent. I have only three criticisms: your information is wrong, the spelling is incorrect, and the grammar is poor. And the point you were trying to make is at best arguable as well.

    8. Re:Harassment as a business model... by egreB · · Score: 1

      mkdir /mnt/windows
      mount -t vfat /dev/hda1 /mnt/windows
      rm -rf /mnt/windows
      umount /mnt/windows


      Yep, this is pretty OT, but wouldn't it be better to just do a
      mke2fs /dev/hda1
      (-8

    9. Re:Harassment as a business model... by iainf · · Score: 1, Informative

      > They are a government inforced monopoly, what do they care about PR?

      Um, no, they are a private corporation. They certainly do have a dominant position in the UK market, but they are no more a government enforced monopoly than AT&T are.

      BT have substantial competion, in both the domestic and business sectors, both from the cable operators (NTL, TeleWest), and several long-haul providers (Thus, Energis, C&W).

    10. Re:Harassment as a business model... by Reckless+Visionary · · Score: 2

      I suppose you mean alienating every slashdot reader, but not anything close to everyone who ever will and does use the Internet. In case you haven't noticed, most people who use the internet couldn't care less about copyright, trademark, patent, or privacy issues. That is a relatively small community of users compared to the behemoth of the uninformed, uninspired, and unmotivated. Thus, I don't think PR is much of an issue.

      --
      I think I'll stop here.
    11. Re:Harassment as a business model... by nahdude812 · · Score: 1
      but it's not quite as obvious what's going on there =) Also it's a lot more fun to rm -rf the filthy partition =)


      I'm gonna change the sig when I think of something new, it's a bit bulky as it is.

    12. Re:Harassment as a business model... by GreyPoopon · · Score: 4, Interesting
      In case you haven't noticed, most people who use the internet couldn't care less about copyright, trademark, patent, or privacy issues.

      Of course they don't. But suddenly things like this have a MUCH bigger impact when their ISP sends them a bill that looks like something they might receive from the telephone company, listing every link they've clicked on with its itemized cost. When at the end they have to pay $249 for the month instead of $14.99, they'll really start caring. Not to mention the fact that somebody was invading their privacy and actively tracking their links to pr0n. Yeah, I think PR is going to be a big big issue. If BT loses this, I really hope that our courts issue a rather acid remark about frivilous lawsuits. Maybe somebody at BT will be looking for a new job soon, although not likely.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    13. Re:Harassment as a business model... by jimbob2222 · · Score: 1

      BT has no understanding of the concept of "PR". Having spent so long as a monopoly, they have never needed it.

    14. Re:Harassment as a business model... by tomhudson · · Score: 1

      Microsoft doesn't have such a patent. Read your start-up screens form Win3x - it's just a copyright, dude. 1982. They tried to enforce the overlapping-screens thing against Apple, but the judge ruled that Microsoft stole it from Apple, who stole it from Zerox PARC (Palo Alto Research Center) with their Star network document system.

      Xerox: inventors of the gui, wysiwyg, and the mouse.

      Oh, and you have to pay an annual fee to have your patent protection continue, or it lapses. You can check with WIPO (the world intellectual property organisation) for rates and fees.

    15. Re:Harassment as a business model... by Scooter · · Score: 1

      Yeah but what if by some insane chance they win? That's what the boys over at BT are thinking - it's a bit like playing the lottery - you know the odds against winning are too massive to comprehend, but for some reason, millions of people still buy tickets - I guess BT feel they can't win if they don't enter the competition :)

      OT: mind you - talking about lottery odds, everytime I see a documentary about asteroid impacts, some bloke in a brown zip up cardigan *always* states glibly that "yeah but remember, you are a 100 times more likely to get killed by an asteroid landing on you than you are of winning the lottery!" (followed by "knowing" grins and winks) Hmm well lets see - number of people who've won the lottery in say - just the UK over the last 5 years (talking big winners here) oo well I dunno but it's more than 10. Number of people killed by asteroid impacts - erm well that'd be ZERO then, so thats's what we call in the trade - "bollox" then, isn't it?

    16. Re:Harassment as a business model... by Ryan+Amos · · Score: 1

      Actually, Apple sued Microsoft over copying Mac OS. The judge then threw it out because Xerox already had the "windowed OS" prior art, and he said you can't patent a "look and feel." Anyway, long story short, it's supposedly only feasible to patent an implementation (i.e. you can't patent the idea of a "mouse trap," but you can patent your design of a mouse trap so long as it's significantly different than others out there.) However, the USPTO doesn't really check these things too carefully and a lot of things get through that probably shouldn't. They then leave it up to the courts to decide, and the courts have made a mess of the entire situation with inconsistant and occaisionally biased (read: bribed) rulings.

    17. Re:Harassment as a business model... by tlhf · · Score: 1

      Call me a crackhead whore, but who would want such an anarchaic filesystem?

      Give me a formatting of XFS or Reiser anyday. (Or even better; BFS :D)

      tlhf
      Yes, I said BFS.

    18. Re:Harassment as a business model... by Anonymous Coward · · Score: 0

      BT will do fine, any yank (legal,verbal) bashing is good anywhere in the world (as long as its not violent).

      Anyway, its a US Patent, the UK one expired, so more money/tax for the UK!.

    19. Re:Harassment as a business model... by Snover · · Score: 1
      I don't see how this makes good business sense, even if there is MONEY to be made. Alienating, well, everyone who ever will and does use the Internet is probably bad for PR.

      In other words, just because you DO have a patent doesn't mean you should always attempt to enforce it.
      Tell that to Unisys. In fact, tell that to those guys that copyrighted telephone tones, too. They don't even have a patent. *snicker*
      --

      [insert witty comment here]
    20. Re:Harassment as a business model... by Anonymous Coward · · Score: 0

      uh well they're a monopoly, and they're getting worse, and those useless fucks at oftel who are supposed to monitor them do sodall, and the government allows it all to happen. So what would you call it exactly?

    21. Re:Harassment as a business model... by squiggleslash · · Score: 2
      its about a patent on a technilogical concept commonly known as hyperlinking
      Actually, no, it isn't. That's what all the "Well, I'm going to patent the English language!" and "Well, I'm going to patent trademarks!" hilarious witty Slashdot contributors want to believe, but it's rather more complicated.

      This is a patent about hypertext implemented over the phone system. BT are saying that any protocol that sends a message over a phone line to request a particular document, resulting in that document being sent by the other side, with links to other documents, is a specific invention of BT's.

      So, for instance, HTTP over Ethernet, or over wireless IP links, doesn't count. But over simple modem links apparently would, if BT's patent is enforceable.

      --
      You are not alone. This is not normal. None of this is normal.
    22. Re:Harassment as a business model... by squiggleslash · · Score: 2
      Erm, your source for this information?

      Apple licenced the Xerox interface, and added heavily to it (the original Xerox interface did not have such basic niceties as self-refreshing overlapping windows, pull down menus, or even the 'finder' style UI.) Their suit against Microsoft was a copyright suit based on the look of the UI, not a patent suit. And the suit was resolved in the mid-nineties by Microsoft "investing" several hundred million in Apple.

      So which Judge threw it out, and who forgot to tell Gates?

      --
      You are not alone. This is not normal. None of this is normal.
  6. Very similar to an Onion article... by twocents · · Score: 4, Funny

    http://www.theonion.com/onion3311/microsoftpatents .html

    Except the for fact that the current article seems to be based in fact.

    1. Re:Very similar to an Onion article... by Anonymous Coward · · Score: 0
  7. Re:GNU/fp? by Frank+White · · Score: 0

    I patented the First Post in 1972 on a prototype discussion server at the Xerox Palo Alto Research Center. Please do not distribute my patented invention any longer without express written consent of the Kansas City Royals.

    --

    Custer's Revenge: The greatest video

  8. How would this be enforced? by PowerTroll+5000 · · Score: 1

    Are they going to go to every U.S.-hosted website and count all the hyperlinks to calculate their royalties?

    It also seem strikingly similar to Amazon.com's claim to single-click patent.

    It seems noble, yet absurd.

    --

    I'm not afraid of falling, it's the sudden stop at the end that frightens me.

    1. Re:How would this be enforced? by macX_rocks · · Score: 1

      Wow... Amazon won out on their stupid patent for a 'single-click' purchase...

      What does it mean if BT were to be victorious in their claims to own the rights to, effectively, the thing a person 'single-clicks' in order to make a purchase under the Amazon patent?

      Patent chaining... everybody gets paid (well, except you and me). I'm not very wise in the way of patents... perhaps this would be nothing new. But, if it is a new idea, maybe I could patent it(?).

  9. what do they have to lose? by night_flyer · · Score: 3, Troll

    The telecom industry is on life support at the moment. Stocks are about as low as they can go (WCOM hit $6.00 a share sometime last week, from a high of $85.00).

    they will lose this case and they will probably go bankrupt soon after. Its just a money grab that is doomed to failure.

    --


    Thanks to file sharing, I purchase more CDs
    Thanks to the RIAA, I buy them used...
    1. Re:what do they have to lose? by Anonymous Coward · · Score: 0

      That is some great moderation. Half of you think he sounds smart and gave him favorable moderation. The other half realize he has no idea what he is talking about since BT is not about to go bankrupt and he is totally ensconced in his egocentric world.

    2. Re:what do they have to lose? by Anonymous Coward · · Score: 0

      They stand to lose the trust of its customers. Ha! That's a laugh - they are DESPISED by their customers already!

    3. Re:what do they have to lose? by night_flyer · · Score: 2

      being £8,000,000,000 in dept is not fisically sound...

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
    4. Re:what do they have to lose? by Anonymous Coward · · Score: 0

      I'd say he knows exactly what he is talking about. Although BT is unlikely to go bust it is gonna get into severe shit soon. Their mobile phone division is going to have to stump up £16million to pay for serial-code-recognition software for the mobile network due to the recent increase in phone thefts. Also read the mod 0 post, being 8billion in debt is not a secure way to be.

  10. Patent filed in 1980?... by Dr.Dubious+DDQ · · Score: 2

    The article says "BT is determined to prove that a patent lodged with the US patent office back in 1980". That's 22 years ago. Doesn't that mean it's already expired even if it were valid (which I doubt)?

    Is BT Government-run like the BBC or are they a completely private entity?

    1. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 2, Informative

      We're not that lucky; the text of the BBC article says in the UK the patent expired, but they're pursuing this in the US, where it doesn't expire for another four years.

    2. Re:Patent filed in 1980?... by iainl · · Score: 4, Interesting

      BT are a privatised corporation - they used to be Government owned and run (actually, while the BBC is paid for by a tax they defend their independance fiercely), but were sold off during the 1980s to pay for tax breaks.

      As for the whole patent thing, I've no idea when the patent runs out, and I'm not even going near the question of if its defendable. Let the lawyers argue that one out.

      --
      "I Know You Are But What Am I?"
    3. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      Seems like the perspective of a british resident might be useful - you have to understand that BT is basically a useless bunch of morons. They have a monopoly, and had a huge amount of money. Yet they have actually managed to waste the money (15 billion in debt I think) and abuse the monopoly to such an extent that in the UK, tin cans with string between them are an attractive alternative to the telephone. Faced with their own complete inability to provide any kind of modern telecoms, BT have obviously decided their only hope is to pursue ancient dodgy patents.

      Ah - the answer to that question - BT are not government run, but WERE given an effective UK telecoms monopoly by the government, and currently have a government run and funded body helping them. This body, OFTEL, exists to provide strategic help and encouragement to BT, and to prevent the passing of any laws or actions which would prevent BT exploiting its monopoly. This is the reverse of the anti-monopoly legislation in most countries, and perhaps explains a lot of the current mess in the UK.

    4. Re:Patent filed in 1980?... by Kafteinn · · Score: 1

      from article: The UK patent has already expired so ISPs in the UK would escape having to pay anything. But in the US, the patent does not expire until 2006.

      --
      Hitler's in the fridge.
    5. Re:Patent filed in 1980?... by NickV · · Score: 5, Informative

      The article says "BT is determined to prove that a patent lodged with the US patent office back in 1980". That's 22 years ago. Doesn't that mean it's already expired even if it were valid (which I doubt)?

      Nothing pisses me off more on /. than people who don't read the article. Hell, I'd expect better from someone with a UID > 20000.


      From the actual article, (you know... what you didn't read)...
      "The UK patent has already expired so ISPs in the UK would escape having to pay anything. But in the US, the patent does not expire until 2006. "

      Also, to answer your second question (which is also IN the article you didn't read,) BT used to be a part of the Post Office, but it no longer is so.

    6. Re:Patent filed in 1980?... by JMJ · · Score: 1

      Is BT Government-run like the BBC or are they a completely private entity?

      BT is a private company.

      More info here, should you have a great desire to know the full details.

      BTW, BT is in real trouble financially, and it's busy trying to carve up and sell off its parts. (Mobile bit, wireless bit, broadband bit).

      J

    7. Re:Patent filed in 1980?... by Dr.Dubious+DDQ · · Score: 2
      in the US, where it doesn't expire for another four years.

      That's what I was wondering about - why does it last an extra 6 years in the US? Did they wait 6 years to file the patent in the US? Or is there a special "Intellectual Property" law in the US that gives them extra time? (I wouldn't think so, but knowing what's gone on with IP in the US, I wouldn't be too surprised...)

    8. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      I think it's just that the duration of patents is longer here. Each country has its own laws, so it's entirely possible that in the US they get it a little longer than in the UK.

      Or it could be from point-of-file, where they filed for the patent six years later here than in the UK, but that doesn't make sense because the whole problem with their claim is they stuck the patent certificate in a closet somewhere for 20 years...

    9. Re:Patent filed in 1980?... by markmoss · · Score: 5, Informative

      US patents used to run for 17 years from the time a patent was granted, vs. 20 years from the time of application in the rest of the world. So if it expires in 2006, then it must have been granted in 1989 -- that's a rather long delay if the UK application was in 1980. Or, the article seems to say that the suit now is over patent infringement in the 80's -- which makes this a remarkably long time to wait, and isn't there an applicable statute of limitations?

      Also, US courts are just now beginning to consider that failure to enforce a patent for an unreasonably long time (like while the patented technique becomes industry standard practice, with no royalties), may constitute "prosecution laches" and make the patent unenforceable. See this.

    10. Re:Patent filed in 1980?... by Dr.Dubious+DDQ · · Score: 2

      No need for snide remarks - I DID read the article. As I clarified further down, I wanted to know how they got an extra 6 years in the US vs. the UK.

      Incidentally, "Not being part of the post office any more" doesn't automatically make them a private entity, rather than a 'spinoff' government agency.

      People seem so EAGER to be "pissed off" these days....

    11. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      This is the reverse of the anti-monopoly legislation in most countries, and perhaps explains a lot of the current mess in the UK.

      You Brits may have the jump on us Yanks, but we are rapidly catching up. ;-)

    12. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      Some of us don't have time to read the articles, the summary should be concise enough to stand on its own, which it wasn't.

    13. Re:Patent filed in 1980?... by Hal-9001 · · Score: 1
      Nothing pisses me off more on /. than people who don't read the article. Hell, I'd expect better from someone with a UID > 20000.
      Methinks you meant <, yes?

      Anyhow, the parent post's concern is well-founded, since patents used to be valid for only 17 years, as is explained in this comment.
      --
      "It take 9 months to bear a child, no matter how many women you assign to the job."
    14. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      Is that why I'm sitting here posting this through my cable modem, with my (landline) telephone sitting here next to my GSM phone, and none of the above has any concern with BT, and I'm in the UK.

      BT are a bunch of morons, I have no concern with them. For example, the BT network around here consists of 40 year old aluminium wires, whilst the cableco's stuff is 6 year old Hybrid Fibre Coax, it goes without saying which one is more reliable.

    15. Re:Patent filed in 1980?... by Clansman · · Score: 1

      Completely private now but regulated by Oftel- a gov watchdoggy ... occasionally they get berated for not acting etc etc.

      BT is the single greatest obstacle to broadband takeup here in the uk ...

      Oh, and the BBC are not run by the gov ... although the gov might wish it were so ...

    16. Re:Patent filed in 1980?... by gosand · · Score: 2
      I didn't read the article, but I'll trust your quotations... :-)

      I am quite certain that US companies could keep this thing alive in court until 2006, if they had to. But I doubt they'll have to worry about it.

      --

      My beliefs do not require that you agree with them.

    17. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      holy shit. your UID is the zip for my town!

      Southampton, NY 11968!

    18. Re:Patent filed in 1980?... by GSloop · · Score: 2

      Thanks for the info. I don't mod & thus no mod points, or I'd give you some...

      Thanks again!

      Moderators - mod parent up. Excellent info!

    19. Re:Patent filed in 1980?... by alcibiades · · Score: 2, Informative

      The laws have changed since 1980, but the assesment given above -- that the patent must have been issued in 1989 if expires in 2006 -- is correct since the changes were made subsequent to that date (in 1995).

      The long delay could have been caused by the filing of a series of continuation or divisional applications that depend on an original application filed in 1980. In such a situation, the later filed applications are often entitled to the earlier filing date for their shared subject matter.

      You can't do this kind of thing anymore because no patent terms are determined from the date of filing rather than from the date of issue.

    20. Re:Patent filed in 1980?... by egeorge · · Score: 1
      but were sold off during the 1980s to pay for tax breaks.

      You mean someone has to pay for tax breaks? Somebody better tell mr Bush!

    21. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      No, "tax breaks" means they steal less of your money.

    22. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      Not really, tories are interested in cutting public spending and thus taxation, makes them look good.

      Labourite scum are interested in cutting public spending but promise to spend the increased taxes they levy on worthwhile things, honest.

      Me? I just wish the buggers would just be honest.

    23. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      B.T. aren't government run, but they have a virtual monopoly, being as they took over the (then nationalised) telephone from the post office in the 80's.
      btw, altho the BBC is nationalised, I wouldnt exactly say they are 'government run', - a bit more independant than that, although they run no adverts and are wholly paid for by us unfortunate tv license payers (£115 a year = about $170) :-\

    24. Re:Patent filed in 1980?... by Anonymous Coward · · Score: 0

      great thing about it, is theyre doing it in america, so it doesnt affect us!

    25. Re:Patent filed in 1980?... by dunstan · · Score: 2

      Nine years from the priority filing date to grant is pretty normal. Firstly, the priority date will have been set by the UK filing, and the US filing could have been up to a year later yet have the same priority date (patent treaties and all that).

      Then it takes a period of time for the patent office to perform its first set of searches. Then the applicant gets a period to respond to the prior art cited in these searches. There might then be another stage of dialogue about these responses, again with a response period. Then the patent goes off for examination/review, and another set of actions are generated ... and so on.

      When I was working with UK patents it wasn't at all unusual for the patent to actually be granted nearly half way through its life.

      Dunstan

      --
      The last scintilla of doubt just rode out of town
  11. Might have merit... by gamgee5273 · · Score: 3, Informative
    BT might have an argument with merit, but I'm doubting it.

    HTML's roots are in SGML, the markup language primarily used by tech writers to create modular documents from multiple sources (ie, a car manual and related sales material would pull from the same source). A hyperlink is a logical extension once you place a markup language in a networked environment - by jumping from page to page you're, in essence, creating a modular "book" just as a tech writer could create a car manual.

    Again, there may be some merit, but precious little, IMHO...

    1. Re:Might have merit... by Deus777 · · Score: 0

      Even if you assume that their patent should still be valid, I actually looked at their patent and it mentions pulling up data from a remote computer using a keypad and punching in numbers. It didn't say anything about a pointing device or the links being represented graphically. This is just another ludicrous patent dispute. :P

  12. Techno/Industrial Wars? by Morphy3 · · Score: 4, Funny


    What beef does BT have with the group Prodigy?

    --
    ------
    I have not yet begun to procrastinate!
    1. Re:Techno/Industrial Wars? by iainl · · Score: 2, Informative

      Liam sampled the engaged tone to use as the backing on the 12" single of Charley all those years ago. Since they have only just realised, they now want royalties for everything, since its that sample-fest that launched his (and his drug dealing mate's) career.

      n.b. Some, all or none of the above is complete bollocks.

      --
      "I Know You Are But What Am I?"
    2. Re:Techno/Industrial Wars? by WolfWithoutAClause · · Score: 1, Offtopic

      Probably nothing.

      Maybe they are thinking that Prodigy won't be able to afford such good legal counsel as BT and may lose the case. Even if BT shouldn't win, they could win, and that would be bad...

      Personally, I don't think they have a snowballs chance in Hell, but the court of law is a funny place. Look what happened to OJ Simpson. That case was open and shut at the beginning too...

      It would bode lots of companies to rally around Prodigy and give them a hand with legal costs. Even the EFF might be interested in this one.

      --

      -WolfWithoutAClause

      "Gravity is only a theory, not a fact!"
    3. Re:Techno/Industrial Wars? by Anonymous Coward · · Score: 0

      Duh, click on his links. Prodigy and BT are also the names of electronic music artists. He was making a joke.

    4. Re:Techno/Industrial Wars? by Anonymous Coward · · Score: 0
      Methinks you didn't look at his links(TM*)...


      (* The term "link" used without permission. Any similarity between the term "link" and technology of hyperlinking is purely coincidental. Any similarity to golf simulators is also conincidental. Not intended for consumption of those in WIPO affiliated countries. Please don't sue me, I have a mortage, school, and some day future family to worry about...)

    5. Re:Techno/Industrial Wars? by Morphy3 · · Score: 2, Funny

      Maybe they are thinking that Prodigy won't be able to afford such good legal counsel as BT and may lose the case. Even if BT shouldn't win, they could win, and that would be bad...

      I would have to disagree.. I would imagine that Prodigy's past success outshadows that of BT. For instance, consider the industry-changing success of Prodigy's 1997 CD release of Fat of the Land, which spawned dozens of copycat artists in Europe AND America, to BT's moderate success enjoyed by massive radio play of his y2k single release of Never Gonna Come Back Down, which IMHO was outdated years before its release.

      Personally, I don't think they have a snowballs chance in Hell...

      Well I should think not, considering that snowball IS going after The Firestarter!

      It would bode lots of companies to rally around Prodigy and give them a hand with legal costs.

      Well you have to remember that Prodigy's front man, Keith Flint isn't the most upstanding of a character, and many companies may fear a PR backlash from their supporting him :(

      Even the EFF might be interested in this one.

      I don't think that the Electronica Frontier Foundation will get involved in this. They believe, as do I, that there is equal merit in Industrial and Club variants of techno.

      --
      ------
      I have not yet begun to procrastinate!
    6. Re:Techno/Industrial Wars? by Anonymous Coward · · Score: 0

      Fuck, are you ever dense. Did you even bother to mouse over the links? Links tend to provide a lot of context to what a person is saying, and are an excellent way to indicate subtle humour. Something you perhaps should know when responding to a hyperlink article.

  13. Interesting that they don't hit someone big by teambpsi · · Score: 2

    Prodigy?

    Why aren't they taking on someone like Adobe ? Or AOL?

    This seems like a bully on a playground move

    --

    Old age and treachery almost always overcome youth and skill.
    1. Re:Interesting that they don't hit someone big by iainl · · Score: 1

      My guess would be that they are starting with Prodigy because that early eighties linking is both closer to what the patent describes, and also Prodigy were more clearly responsible for the linking. With the web, do you hit the commitee for inventing the html standard, Netscape for building the browser, AOL for running the network or the designer of the web page?

      --
      "I Know You Are But What Am I?"
    2. Re:Interesting that they don't hit someone big by Lonath · · Score: 3, Insightful

      Also, by picking on someone smaller, they have a better chance of outlasting Prodigy's money. If they can win against a smaller company, then larger companies will be more likely to license instead of go to court...so they spend a little to make a lot.

      You're right, it's kind of like a bully picking on the weakest kid in class to keep all of the other kids in line when it comes time to collect the milk money.

      Not that I would compare this software patent lawsuit to schoolyard bullying and extortion. That would be scandalous wouldn't it? You can take that risk and expose yourself to possible libel suits, but I won't since I know that saying that all of those Important People in Expensive Suits protecting their Valuable Intellectual Property are just like punks who pick on little kids? That would be very rude of me. So I won't say that this lawsuit is like a bully picking on the little kid in class so that the rest of the kids will give up their lunch money without a fight.

      But, even if they do win, the intersection between voters and people who have made webpages is probably pretty high. If you could only get the message out to all of those people that they're Patent Violators for using this patented technology without BT's permissions, perhaps the laws would be changed. After all, patents only exist because laws let them. They could be taken away. Unlikely...but you never know.

    3. Re:Interesting that they don't hit someone big by chammel · · Score: 1

      You would think. But Prodigy is owned by SBC the parent company of Southwestern Bell, Pacific Bell, Ameritech, Nevada Bell and SNET. And I would imagine that they have very deep pockets see link

      --
      Neutrons are slippery little rascals, they can fool you. They can bounce and show up around corners you don't expect.
    4. Re:Interesting that they don't hit someone big by Jeremy+Erwin · · Score: 2

      Prodigy is owned by SBC Communications. SBC is not cash poor.

  14. Think the RIAA has it tough... by powerlinekid · · Score: 2

    I think they should pay attention to whats going on with the file-sharing apps. They take down one and another pops up. How would they ever suspect to enforce this? Along with that, how can you patent a content delivery method like linking? Thats complete bullshit, this is even worse than that company that patented pausing tv 20 years ago. I'm really starting to get sick of this intellectual warfare. I had it explained to me by a upper-level IBM fellowship that pretty much the whole point of IP is have a weapon against your competitor, why else would they patent so many inane things. *sigh*... fuck...

    --

    can't sleep slashdot will eat me
    1. Re:Think the RIAA has it tough... by powerlinekid · · Score: 2

      http://engr.newpaltz.edu/~keaney70/me1.JPG

      my girlfriend... ;-p

      --

      can't sleep slashdot will eat me
    2. Re:Think the RIAA has it tough... by Anonymous Coward · · Score: 0

      Does she have a twin sister, hopefully in or near the US midwest?

    3. Re:Think the RIAA has it tough... by xantho · · Score: 1
      Neither am I, check her out...

      Aren't I a stud?

      Note: this is a joke...

  15. Tagline is hilarious by TheTomcat · · Score: 5, Funny

    The last part of the article:

    'See "internet links" for the text of BT's patent. There is no charge for doing so.'

    *snicker*
    (-:

  16. If they win by wiredog · · Score: 2

    I'm gonna look for a fossil driver for Linux. Is FidoNet still around?

    1. Re:If they win by ncc74656 · · Score: 2
      I'm gonna look for a fossil driver for Linux. Is FidoNet still around?

      Why would you need a FOSSIL driver for Linux? They only provided a standard interface to serial devices, whether it was an ordinary COM? port or one of the intelligent serial cards that a larger multiline BBS might use. Back when I ran a Linux-based BBS that talked to FidoNet, all the software involved talked to ordinary /dev/ttyS? devices, which would've been set up by the kernel and by whatever getty you used (IIRC, I used mgetty).

      Others would be better able to say if FidoNet is still around. I think it is, but I shut down my BBS toward the tail end of '94 and quit calling around to other BBSes sometime in '95 or '96.

      --
      20 January 2017: the End of an Error.
  17. Seriously.... by TommyBear · · Score: 1

    Can anybody who works for or near BT management explain exactly what goes on in these poeple's heads?

    I mean are BT totally clueless? How could they possibly win such a case... Unless of course they want to run the other company into the ground. Don't you love it when companies stop innovating to compete and instead litigate.

  18. Not an expert in patent law. by Restil · · Score: 5, Interesting

    However, it would appear that BT only discovered this patent in 2000. Therefore, they made absolutely no effort to enforce it over the last 15 or so year that it was being used by countless companies and organizations, not to mention end users. Even if they're able to extract royalties from this day forward, can they go back retroactively and enforce them on older products as well? Even the GIF patent, which I disagree with, only charged royalties from that day forward, not from the date they obtained the patent.

    Can I do this legally? Patent something, hope someone else develops a similar technology, say nothing for 20 years until the patent is about to expire and economies depend on my product, then just raise my hand one day and say, "Excuse me! You have to pay me now".

    I know the patent holder can selectively choose to license that patent for no charge and they coudlnt' come back later and change their minds retroactively. What about in this situation, where they've said nothing. Done nothing to enforce it. Didn't even realize they HAD the patent. Its almost as if they were purchasing patents for the sole purpose of hoping one of them would be a huge breadwinner in the future.

    However, at least they had an actual product tied to the patent. Its not as bad as the idiot who patented "downloading music off the internet" as an idea with no product to back it up and trying to extort money out of companies as a result.

    -Restil

    --
    Play with my webcams and lights here
    1. Re:Not an expert in patent law. by bourne · · Score: 4, Informative

      Can I do this legally? Patent something, hope someone else develops a similar technology, say nothing for 20 years until the patent is about to expire and economies depend on my product, then just raise my hand one day and say, "Excuse me! You have to pay me now".

      Yes, they can do that - trademarks have to be actively defended, patents do not. Consider Unisys and the gif (lzw?) patent.

    2. Re:Not an expert in patent law. by Anonymous Coward · · Score: 0

      Damn, that just might be the loophole that could save Prodigy; part of having a patent is ENFORCING IT. If they patented this, but buried it in a pile somewhere for 20 years, all while their 'patented' technology was being used, they can't come back later and enforce it. It's pretty hard to not be exposed to the Hyperlink, so they can't plead "we just discovered the infringement."

      This was told to me by a patent lawyer; basically it's a use-it-or-lose-it policy.

    3. Re:Not an expert in patent law. by SirSlud · · Score: 5, Insightful

      > Can I do this legally? Patent something, hope someone else develops a similar technology, say nothing for 20 years until the patent is about to expire and economies depend on my product, then just raise my hand one day and say, "Excuse me! You have to pay me now".

      Yes. Yes, you can do it, if the 'similar technologies' truely fall under your patent's umbrella and nobody else has prior art (or you ensure that you find the prior art first, and 'bury' it somehow). Shit, companies file multiple patents 'around' existing patents, and then sue the original patent holder (provided they are small fry enough) for infinging on their umbrella. It's common practice. Patent laws are fucked up, but with less stringent patent laws, numerous entrenched patent-oriented industries, legal practices, etc, etc would also be fucked up. Ergo, there is little chance of going backwards. As usual, we've got so many doctors at the bottom of the cliff that we can't afford to teach people how to NOT WALK OFF THE CLIFF anymore. Too many people lose too much money and too many jobs, etc, etc .. but the patent process needs a serious readjustment in my views. Knowing what I know, I would never consider filing a patent for anything I thought was new; although I'd somehow make sure I had evidence of 'prior art' so I could proove at a later date that it was my idea to begin with if some corperation thinks they can claim it as theirs. I'd keep it to myself, unless I was at a big company, and was I indespensible to them (ie, I wouldn't even sell my idea to a large company, because they shaft you.) Currently, patent laws work against small timer innovation (it costs shitloads of money to even file a patent) and encourage this kind of big business petty behaviour; especially when said patent holders need an easy quick injection of cash. I've heard that companies like IBM have inter-department patent races to see who can file the most patents in a year, which is why we've got insanely granular, subjectively valid patents that are really only 'enforcable' by virtue of the amount of lawyers you have on a leash.

      Thats my understanding. IANAL, YMMV, and I'm sure you've all got cousins with personal stories that can debunk my raving lunacies ...

      --
      "Old man yells at systemd"
    4. Re:Not an expert in patent law. by SirSlud · · Score: 4, Informative

      Here's a neat article on this stuff, and the entrenchemnt of the patent enforcement industry (still relatively new 'visible' industry):

      here

      Interesting stuff - kinda shows how the current patent climate actually causes people to focus more on exploiting patents and their lucrative pay-offs rather than focus on actually inventing shit.

      --
      "Old man yells at systemd"
    5. Re:Not an expert in patent law. by King_TJ · · Score: 3, Informative

      Hmm... yeah, I tend to agree with you. As someone who currently has a patentable idea that we (my wife and I) would like to bring to market as a product in the next year or so, the whole issue interests me considerably.

      From the research we did already to see if previous patents existed for our product idea, I could tell that most people filing patents are "fishing for lawsuits", as opposed to having a real interest in selling a product.

      We didn't find anything that was exactly like our idea, but we found close to 10 patents for various methods of accomplishing pieces of what we needed to do in our product. Most made a vague mention of having a possible application in the general area of what we're trying to do. All of these patents were apparently thrown out there by tinkerers who made a single, crude attempt at performing a function with parts taken from the basement or garage - and then nothing more was ever done with them. Considering the cost of filing patents on them, I can only assume that they're hoping someone comes along and builds a successful product using a basic concept similar enough to theirs, so they can come out of the woodwork screaming "I have a lawyer! You owe me!"

      It's depressing, really....

    6. Re:Not an expert in patent law. by SirSlud · · Score: 3, Funny

      > It's depressing, really....

      I couldn't agree more, but try convincing a market (the economic equivilent of the spoiled brat that gets what it wants, no matter how bad it is for itself in the future) of that. Everyone's a little too distracted by the amazing special effects, 500 channels and the 'rewindless VCRs' (DVD players) we've invented! Yay!

      --
      "Old man yells at systemd"
    7. Re:Not an expert in patent law. by LatJoor · · Score: 2

      Too many people lose too much money and too many jobs, etc, etc.

      Yeah, when a company fires all its workers and moves someplace cheaper or decides to outsource, it's tough shit, but if rich people are going to lose their jobs then we can't possibly allow it.

    8. Re:Not an expert in patent law. by SirSlud · · Score: 2

      Careful man, or the market pundits will start looking for the "-1, Communist" moderation point! But yeah, I agree. When entrenched powerful industries have gone to far, it takes real shit to take em down. Today, this is due to the public allowing IP to represent serious amounts of 'value'. The market spoke (or rather we let the market speak), and we ended up ceding control to a few players and a seriously rich-up-the-ass industry. However, when its workers, yep, its just tough shit for them; even tho they're far more likely to suffer from losing their jobs. Thats why the only people you see dissing unions are non-unionized industries and the suits who sometimes have to make less money because the people who actually do the work want a little more, or more security, or more shit that any self-respecting suit would feel they should never deserve. It's pretty interesting .. many of the Adam Smith era writers would even come out and say how fucked they would be if it wern't for the powerless poor.

      It wasn't always like this ..

      --
      "Old man yells at systemd"
    9. Re:Not an expert in patent law. by jonistron · · Score: 1

      I would also like to add that aussie that patented the Circular Transportation Enabler. AKA the wheel. These attempts at patent scamming are inevitable because all patent laws (every country)need major redefinition.

    10. Re:Not an expert in patent law. by Anonymous Coward · · Score: 0

      Where do you get this from? I think you should add the IANAL eh?
      Trademarks do NOT have to be actively defended. They should be actively defended, especially if you have the resources. However they do NOT have to be actively defended. That would be stupid if it were the case. Why not make patents and copyrights that way to? Go ask a lawyer, I did. In fact, I asked 3 of them on this exact topic. First I asked my companies laywer, then I asked another by picking one out of the phone book, then I asked a third because she is someone that lives in my neighboorhood. Of cource IANAL.

    11. Re:Not an expert in patent law. by bourne · · Score: 4, Informative

      I think you should add the IANAL eh?

      Well, sure - IANAL. This isn't a legal forum, either. Deal.

      Trademarks do NOT have to be actively defended. They should be actively defended, especially if you have the resources. However they do NOT have to be actively defended.

      Copyright does not have to be actively defended. Trademark does. Consider:

      - Trademark law requires that the trademark owner police the use of the trademark (unlike, for example, copyright law, where the copyright owner is the copyright owner, always is, and always will be unless he willingly relinquishes ownership, and even THEN he ends up having rights).

      This is nasty, because it means, for example, that a trademark owner has to be shown as caring about even small infringements, because otherwise the really bad guys can use as their defense that "hey, we may have misused it, but look at those other cases that they didn't go after, they obviously don't care.."

      (Linus Explains Linux Trademark Issues)

      Go ask a lawyer, I did. In fact, I asked 3 of them on this exact topic.

      Sorry. You probably asked the wrong question. Among other things, you're probably confusing prior art (a patent issue) with unopposed infringement (a trademark issue).

    12. Re:Not an expert in patent law. by Anonymous Coward · · Score: 0

      Unfortunatelly, this is certainly the idea more and more patent holders hit on: patent something, sit back and wait for someone to actually invent something that infringes. I'm sure there is much helpful literature on this subject.

    13. Re:Not an expert in patent law. by Anonymous Coward · · Score: 0
      'rewindless VCRs' (DVD players)

      There most certainly is a rewind button on dvd players.

    14. Re:Not an expert in patent law. by smyle · · Score: 1
      ... rather than focus on actually inventing shit.

      Sorry, but there's plenty of prior art for shit. You'll have to find something else to patent.

      I will not provide a link...
      I will not provide a link...

      --

      Sleep is just a poor substitute for caffeine, anyway. -Bob Lehmann

    15. Re:Not an expert in patent law. by fishbowl · · Score: 2


      >Interesting stuff - kinda shows how the current
      >patent climate actually causes people to focus
      >more on exploiting patents and their lucrative
      >pay-offs rather than focus on actually inventing

      I wonder if this could have a beneficial effect in a decade or so. We're seeing a heyday of fast-and-loose patent grants right now. Maybe a good
      chunk of the low-hanging fruit will be plucked NOW, and when these patents on all these obvious things being patented today expire in 15-20 years
      certain industries (esp. software and genetic research) will experience a renaissance!

      YES! File as many frivolous and obvious patents NOW as you possibly can! A future generation will
      thank you!!!

      --
      -fb Everything not expressly forbidden is now mandatory.
    16. Re:Not an expert in patent law. by dunstan · · Score: 2

      This all sounds very like the case of Lemelson and barcodes. Roughly speaking, Lemelson filed a patent on barcodes long before they became widespread, and kept it quiet. Then once they were in widespread use, his lawyers contacted all manner of organisations which used barcodes and issued "Cease and Desist" notices against them. On receiving the notice, each barcode user had to choose between: a) stop using the technology which infringed the patent, b) agree licensing terms with the patent holder, c) carry on using the technology, and risk punitive damages, d) apply for the patent to be overturned and risk punitive damages if they carried on using the techology and then lost.

      The benefit to BT from this case is not the royalties which may accrue if they win, it's the royalties they'll hope to take while the case is being prosecuted. For if they issue "Cease and Desist" notices to organisations using hyperlinks, those organisations will either have to settle or accept a possible liability for triple damages at some point in the future. Now, any corporate auditor would be expected to highlight this potential liability to stockholder, or during due diligence audits surrounding a takeover (and I somehow think corporate auditors may be on their toes right now).

      No, the benefit to BT won't be royalties if they win, it'll be licensing agreements while the case is in progress, which will be made for the purpose of removing potential liability from balance sheets.

      Dunstan

      PS, Lemelson got very rich.

      BTW, regarding prior art, a recording of a demonstration would almost certainly *not* be admissible as prior art - well not in the UK anyway. A few years ago I was involved in making a decision as to whether to apply for a patent for a bit of technology (a very clever bit of power electronics), and we were looking for ways to protect ourselves *without* filing for a patent. The advice we got was that the only reliable ways of asserting prior art are to either publish your invention, in which case the prior art is deemed to exist from the date of publication, or to file for a patent in which case the prior art exists from the date the patent is filed.

      --
      The last scintilla of doubt just rode out of town
    17. Re:Not an expert in patent law. by J.+Random+Software · · Score: 1

      If my patent is ruled to be invalid, that means it always was. Can you sue to recover the fraudulent royalties I exacted from you with my invalid patent? Aren't royalties usually put in escrow until the court case and appeals are resolved?

  19. pathetic by SquierStrat · · Score: 1

    This is a pathetically stupid way to throw away tax dollars (court costs), and lawyer's fees. There is hardly any doubt that they'll lose this one, it's an idiotic claim! Assuming they win though, we all lose - monetarily. Can you say, price hikes?

    --
    Derek Greene
  20. God invents hyperlinking by Anonymous Coward · · Score: 2, Funny

    Vatican (Feb 11 2002) - After hearing a lot of reports over various parties claiming to have invented the hyperlink. The Holy se, today delcared the issue closed, by stating that hyperlinking was initially implemented by God almighty (See RFC -1).

    God Alimigty, Pope cried, was the definite inventor of what we now regard as the means of travel on the Internet. God, apparently envisoned the need for his slaves to find where they are and where they would go, thus he created what is now known as a pointer (or the index finger).

    Furthermore it was also suggested by the Vatican technical commity that God defined the pointer as a pointer to unsigned long. Where long is defined as the number of days (See day definition on first page of bible) the universe would exist.

    Copies of this declaration has been sent to the USPO and other such offices.

    Please disregard any fake stories of hypertext invention and linking from now on.

    Father Amaa Fui (Phd. CS and Deutology)

  21. Brits... by Knunov · · Score: 3, Insightful

    I once admired the Brits for their loathing of American flakiness. I love America, as a whole, but if I could excise parts, frivolous lawsuits would be first to go.

    Anyway, I was working over in Europe and I happened to catch a British commercial...for a personal injury lawyer.

    "Did you slip on a tin of Spam at the local market? Was your kid injured during a game of rugby? If so, you may be entitled to damages. For more information, call (whatever)."

    (some guy dressed up in a rugby outfit)

    "I received £10,000 pounds for (whatever)"

    Looked and sounded *exactly* like an American personal injury lawsuit commercial, except the voiceover had a British accent.

    They are getting as ridiculous as we are. It's a shame, really. I always admired their stiff upper lip and total hatred for whining.

    Things they are a-changin'

    Knunov

    --
    Why do users with IDs under 100,000 or over 700,000 usually have the most worthwhile comments?
    1. Re:Brits... by Anonymous Coward · · Score: 0

      "total hatred for whining"

      never noticed how the Aussies call us 'whinging poms'?

      If whining were an Olympic event, us Brits wouldn't need to whinge so much about not winning any olympic golds.

    2. Re:Brits... by Anonymous Coward · · Score: 0
      Yeah, this is a recent development. At the moment it's only stupid "no win, no fee" personal injury claims though, we haven't (yet) gone as far into the litigation mindset as you.

      Still, it's a depressing development. People seem to think it's victimless to go money-grabbing, but of course it isn't since society ends up paying for it in increased insurance premiums etc. (Car premiums have soared in the last few years, now many people drive without cover because they simply can't afford it.)

      Bob

    3. Re:Brits... by FyRE666 · · Score: 2, Interesting

      As a Brit, I find the "Call 0800-ambulance-chasers now!" adverts repulsive. They air the adverts mostly during the working day, obviously to target the unemployed or unemployable since they're most likely to need some quick and easy money.

      The companies providing these "services" have been the subject of numerous documentaries and consumer affairs programs on UK TV, and regularly exposed for the rogue outfits they so obviously are. Most of the "victims" only recieve a tiny amount of compensation, while the law firms reap the real rewards.

      It is absolutely pathetic; people seem to want to take no responsibility for their own lives any more. I still don't believe the UK has decended to the level of litigeousness of the States as yet, but some of the bottom feeders are slowly but surely crawling their way there...

      I have no other problems with America, by the way, just its legal system, patent system and Bill Gates :-)

    4. Re:Brits... by Anonymous Coward · · Score: 1, Interesting
      "I once admired the Brits for their loathing of American flakiness. I love America, as a whole, but if I could excise parts, frivolous lawsuits would be first to go.

      Anyway, I was working over in Europe and I happened to catch a British commercial...for a personal injury lawyer."
      Nothing has changed we still hate frivolous lawsuits, those personal injury adverts are the epitome of that hate. I absolutely hate the blame culture they are trying to perpetuate, if everyone were like that then nobody would take responsibility for their own actions, and someone else is always to blame. I also hope BT disappear under their debt mountain if they carry on this path.

      You must have been watching one of the really crappy commercial channels during the day time, I must apologise for that, stick to the BBC, they don't carry any commercials.

      Anyway, these adverts are highly irritating and didn't even exist until 3-4 years ago, the New Labour government wanted to cut the Legal Aid bill so they removed a regulation banning layers, solicitors, etc from advertising on TV, and consequently these vultures started up. This is hardly surprising, the US removed such restrictions in the 60's and the ambulance chasers started up.

      I have such distain for these companies, fortunately one of the main firms is on the verge of bankruptcy, has been delisted from the stock market and has fleeced the investors stupid enough to invest in such a company.

      Hopefully they will all disappear, it can't happen soon enough.
    5. Re:Brits... by GSloop · · Score: 2

      I know it's sorta OT...

      Ever notice how the "tort reform" people always point out how some moron who cut his hair with the lawn-mower got 43 gazillion dollars, and thus the system needs reform?

      You never hear about the harrassing lawsuits large corporations bring on each other...and in fact, in all the legislation I've heard about, the changes desired were to limit pain & suffering etc. They never limit the ability for big biz to sue and reap huge rewards against each other.

      Semms fishy to me. Bah - the rascals!

      Cheers!

    6. Re:Brits... by slickwillie · · Score: 2

      I'm not making this up. I heard a story on NPR yesterday about some British company saying they were going to patent potato chips (don't know if they meant American style or fish&chips style French fries).

    7. Re:Brits... by Anonymous Coward · · Score: 0

      Aye Its true

      But not the way you would think, a british charity is patenting putting salt on chips (fried potatoes). They cannot patent chips themselves but they can attempt to patent salt on chips as it means that modification of the previous product has occured. Why is a charity doing this, Its to highlight the fact that big buisness has been patenting all the crops that are a staple diet in the third world (due to a very small change to the original crop), in order to maximise profits and no doubt force upon third world farmers genetically modified grow once seeds. Hopefully they will lose, thats the aim anyways. If they do it will form a test case that further lawsuits against the companys patenting crops can rely on.

      Here is an article on it
      http://news.bbc.co.uk/hi/english/uk/newsid_18090 00 /1809581.stm

      Us brits aren't quite at the sue you blind level yet. Hopefully never. But we are turning into America RelVER2.1BETA.1.

      Ferret

    8. Re:Brits... by brain159 · · Score: 1

      If this is about the same thing I saw earlier today, it's "chips as in fries", specifically the process of putting salt on them. It's some charity/pressure group attempting it to point out social issues raised by patenting of crops by Monsanto et al.

    9. Re:Brits... by inonurmi · · Score: 1
      It's a shame, really. I always admired their stiff upper lip and total hatred for whining.

      I find this amusing, as in Australia and New Zealand, the English are often referred to as Whinging Poms. A whinger is one who whines and complains constantly.
      This gives rise to a common joke:
      How can you tell that a jumbo jet is full of English tourists?
      The whining sound continues after the engines have been turned off.

    10. Re:Brits... by Anonymous Coward · · Score: 0

      "Larry Parker got me 2.1 million."

    11. Re:Brits... by Anonymous Coward · · Score: 0

      Actually, I spoke with Society just the other day, and he says he's still paying the same insurance premiums as always.

    12. Re:Brits... by AndrewRUK · · Score: 1

      No, we would come second. After all, we need something to whinge about :-)

    13. Re:Brits... by nathanh · · Score: 2
      They are getting as ridiculous as we are. It's a shame, really. I always admired their stiff upper lip and total hatred for whining.

      English? Hatred for whining?!?

      The Australian slang for Englishman is "whinging Pom". There's more whine in England than in all the cellars of France.

    14. Re:Brits... by Numen · · Score: 1

      As long as you stay put on that penal colony, we don't care what you call us =)

  22. Gotta make money somehow by Dynamoo · · Score: 1
    Well, BT has to find a way of paying of its mountain of debt somehow.. why not tax everyone on the net instead of actually finding a business plan that works.

    Actually, BT can also (just about) lay claim to inventing the first electronic computer (when they were the Post Office) at Bletchley Park towards during WWII. Maybe they can tax us for that as well.

    --
    Never email donotemail@WeAreSpammers.com
    1. Re:Gotta make money somehow by fishbowl · · Score: 2

      >.. why not tax everyone on the net instead of
      >actually finding a business plan that works.

      Isn't the UKoGBaNI one of those countries where
      a defendent can seek damages against a plaintiff
      for bringing a frivolous suit?

      --
      -fb Everything not expressly forbidden is now mandatory.
  23. With any luck... by ickle_matt · · Score: 2, Funny


    They'll win, then we can all sue them for the time wasted clicking on broken links... :-)

    --
    Mod -1, I shouldn't be allowed to post when I'm bored.

  24. Prior rights to hyperlinks - from old /. articles by jgaynor · · Score: 5, Informative

    1968 - includes MOVIES of working links

    1965

    1940's

    And alot more

    The list goes on and on. Let them squander their money. To quote a recent game - "If theyre deadset on squandering prescious resources sabotaging their own [] efforts, I say we let em do it."

    Along the same vein I cant believe Xerox hasnt made a stink about this. You think they would have learned their lesson after not screaming about the mouse, GUI, etc . . .

  25. And I invented... by PHAEDRU5 · · Score: 1

    ...air quotations

    --
    668: Neighbour of the Beast
  26. Seeking Money from ISPs? by zentec · · Score: 1


    Seems they are looking toward the wrong goat to milk. The ISPs are providing network connectivity. The patent infringement case is about how the network connectivity is used, namely the *application* layer.

    They should be going after Microsoft and AOL.

    Of course, this will be tied up in court for a very long time, so the chances of BT getting anything out of this, even with a favourable ruling, are nil.

    1. Re:Seeking Money from ISPs? by MrIcee · · Score: 1
      I agree... ISP's have nothing to do with hyperlinks - except perhaps on their own homepage. Unless they expect to sue us for being "accomplices". :)

      But I guess by going after Prodigy, they are going after their online links? I'd think under that guise, they'd go after AOL first, but I bet Prodigy has way less money than AOL to defend itself (not to mention probable BT ties to Time Warner).

      The worse thing would be if not only did the courts rule in BT favor... but also said they were owed money rectroactivly - in which case we'd all have to pay from day one. Egads!

  27. Just out of curiosity by lostboy2 · · Score: 1

    how broad is the BT patent? (and yes, I'm too lazy to search for the answer myself).

    Seems to me that the idea of a hyperlink goes beyond just Internet use. Anyone using the <a> element in an intranet webpage might run afoul of this patent as well, as well M$ for the way they link their help files together.

    In any event, this seems like a silly legal exercise to me.

    -- D

    1. Re:Just out of curiosity by Anonymous Coward · · Score: 0

      its so broad it actually may not include webservers. It was intended as some kinda menuing system for dumb terminals over dialup links i think from reading the patent. They say the remote link may be:

      a) modem means for effecting input/output digital data communication with said central computer means via the telephone lines of a telephone network. or b,c and d which are blatently not webservers.

      so unless all webservers run on dialups this seems pointless. Although it could include leased lines...but hopefully the judge will see the blatent difference that BT's patent is referring to a ciruit switched network setup and hyperlinks work on packet-switched. Its just a tiny difference, like everything.

  28. Prior Art, Hopefully by UsonianAutomatic · · Score: 0, Redundant

    Just last week I read an article about this - I think it was at Wired.com, but I can't find it now.

    Anyway, apparently there was a snippet of film made at (I think) Xerox PARC in the 1960's wherein somebody demonstrated navigating from one screen of text to another by way of a linked word; a hyperlink, in other words.

    If these bastards get away with this, what happens when they set their sites on Mozilla, Konqueror, et al? Well, maybe nothing, since they're probably only interested in going after companies they stand to make large wads of $$$ by suing. :-/

  29. Boston Link Party? by Anonymous Coward · · Score: 0

    What is interesting is that the patent has expired in England, but not the US (until 2006), so they sue here. Seems they are still a little miffed over that thing in 1776... Perhaps we should remove all links to UK sites?

    1. Re:Boston Link Party? by Demon-Xanth · · Score: 1

      Do we have to dress up like native americans while we remove them? :)

      --
      If you think education is expensive, you should try ignorance -- Derek Bok, president of Harvard
    2. Re:Boston Link Party? by thumbtack · · Score: 0

      Nope just wear a /. t-shirt....

    3. Re:Boston Link Party? by Anonymous Coward · · Score: 0

      As a Brit I don't give two hoots for BT, even less for revenge for 1776. Don't get BT, amongst one of the most hated companies in the UK mixed up with the British people. Maybe I should use the same logic by connecting the collapse of Enron to corrupted and flawed character within the American public, maybe you see how ridiculous your statements are.

  30. prior art 1968 by martin · · Score: 5, Informative

    Well looks like the US PO wasn't that brilliant even in 1980. This Slashdot article shows MIT demonstrating the idea back on Dec 9 1968.
    Given BT's cash problems I think they are trying it just in case they can get some money.

    1. Re:prior art 1968 by geekoid · · Score: 2

      They only search existing patents.
      they time it would take to search all data in the world would be to long and costly.
      It is up to the individule to fight the patent either by going through the patent office's proceedure, or defeating it in court.
      It seems the BT has forced prodigies hand, and thus forced a court case.
      as a side note, I thought BT had the British patent offices seal of approval, as it were?
      I have never been throught thr British patent process, so I'll reserve comment.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:prior art 1968 by Angst+Badger · · Score: 2
      Given BT's cash problems I think they are trying it just in case they can get some money.

      If I had major cash problems, I wouldn't try launching a patent infringement suit on a technology with prior art going back at least 34 years, especially when the defendant is basically everyone with a website. Not even Microsoft is running with the kind of cash you'd need to face that kind of opposition.

      --
      Proud member of the Weirdo-American community.
    3. Re:prior art 1968 by rnturn · · Score: 3, Insightful
      ``They only search existing patents. they [sic] time it would take to search all data in the world would be to long and costly.''

      That's a convenient excuse for the USPTO. ``Gosh... it'd be too hard to really do our job of verifying that this claim is original. So we'll let the courts sort it out.'' Or do they honestly believe that the prior art has to exist in a patent description?

      If there wasn't a good reason for the technical competence of the people doling out patents to be dramatically increased then I don't know what would be. Plus the emphasis on pushing a large number of applications through, and rewarding employees on meeting these numbers, is a major problem. It's better to get a lot of things done poorly than it is to have gotten a fewer amount done well.

      Anyone know of any studies done on the retarding effect of frivolously issued patents on the technology segment of the economy? I'm betting that there is a demonstrable effect.

      --
      CUR ALLOC 20195.....5804M
    4. Re:prior art 1968 by Aztech · · Score: 2
      "It seems the BT has forced prodigies hand, and thus forced a court case. as a side note, I thought BT had the British patent offices seal of approval, as it were?"
      Margaret Thatcher was in the process of severing various companies during 1980's so I'm not sure the relationship would be that great. But the circumstances surrounding the British patent are totally arbitrary anyway, it is the US patent that is being contested in court not the British patent (which has expired anyway).

      It's not a British patent it's a US patent issued by the USPTO for a foreign company, very different thing. If it was falsely issued then it's the responsibility of the USPTO not the UK Patent Office.
    5. Re:prior art 1968 by Zeinfeld · · Score: 2
      That's a convenient excuse for the USPTO. ``Gosh... it'd be too hard to really do our job of verifying that this claim is original. So we'll let the courts sort it out.'' Or do they honestly believe that the prior art has to exist in a patent description?

      The USPTO uses two contradictory arguments acording to need. When the complaint is made that they issue trivial patents they claim that they cannot perform an adequate review. When the point is made that every other country requires publication and a public opposition period prior to issue they claim that their review is more than adequate.

      I doubt that the case will succeed. The patent claims are for a specific type of hypertext linking model which is actually the opposite of the URL method used in the Web. What BT 'invented' was the Prestel database driven hypertext model in which all the links were managed in a central database. The innovation of the Web was to discard the stupid database, and the whining hypertext weenies and embed links directly into the page.

      While the Web approach appears 'obvious' today, back in the early days of the Web the hypertext community wrote long boring articles on why central databases are the only way to go. Tim could not even get published in the hypertext litterature, until the next year when they asked him to be the keynote speaker.

      Prestel served up a group of numbered pages that could reference other pages by the page number. While this was an innovative idea in 1603 when the idea was first proposed the use of page numbers to reference other parts of a text has been standard practice for at least 350 years. It certainly was not the Web and certainly was not hypertext as most people understand it.

      Please note that the folk going on about BT's status as a public/private company are both off base. At the time the innovative Prestel system was invented and the patent filed, BT was a government monopoly and part of the Post Office. BT only began their moneygrubbing patent demands after privatisation.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    6. Re:prior art 1968 by dunstan · · Score: 2

      The reference to Prestel is irrelevant - what's at issue here is what the patent claims state, not how BT (or at that time the GPO) implemented it.

      And the claims quite clearly state "a second portion containing information not for display but including the complete address for each of plural other blocks of information". The claim doesn't state whether that address is for local blocks or remote ones - the only clue is that throughout the claims section the central computer is only ever mentioned in the singular.

      Dunstan

      --
      The last scintilla of doubt just rode out of town
  31. No realistic chance of winning... by PoiBoy · · Score: 1
    Even if BT can lay claim to having invented the hyperlink, I don't see how any court would award any type of damages to BT.

    First, notice they are going after Prodigy for using this technology in the early 1980's; that's nearly 20 years ago. For all intents and purposes, BT waived any realistic chance of winning a case given that they've waited this long.

    Second, even if a court did uphold BT's claim that they invented the hyperlink, BT would get nothing. Since apparently the technology has been around for decades and is now so pervasive that literally 100's of millions of people use it, a hyperlink is rightfully considered "public knowledge." There would be no way to award damages or collect royalties.

    In short, while BT may have a rightful claim to developing the hyperlink, as a practical matter itt means nothing except a note in the history books.

    --
    Sig (appended to the end of comments you post, 120 chars)
    1. Re:No realistic chance of winning... by J'raxis · · Score: 1

      Patents, unlike trademarks, remain enforceable until they expire. They can wait as long as they want to pursue the case. (Trademarks, on the otherhand, are different. If a company allows a trademark to go unprotected, they lose the trademark. This has happened, for example, to Kleenex, and nearly to things like Xerox and Spam.) Theyre going after Prodigy now, I would guess, since Prodigy is one of the first companies to use hyperlinking? They are only doing it now because they claim to have recently discovered this patent in their portfolio (right).

      Their patent probably is invalid anyway, since hyperlinking was invented even before they patented it, so its all moot.

  32. BT has done it before... by bourne · · Score: 2

    Who here remembers Sun's YP - excuse, me NIS?

    "NIS was formerly known as Sun Yellow Pages (YP) but the name Yellow Pages(tm) is a registered trademark in the United Kingdom of British Telecom plc and may not be used without permission."

    NIS HOWTO
    1. Re:BT has done it before... by geekoid · · Score: 2

      The UK must have some wierd trademark laws. In the US, as long as it is ion a different industry, and can not be reasonably mistaken for earlier trademark (i.e. not a similiar product, service, or device) you can have previously owned trade mark.
      for example, ford could come out with the Ford XP, and Microsoft could not sue for trade mark infringment. hence AMD XP.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  33. So sue me... by batgimp · · Score: 1

    From article...

    >some argue BT would not have taken the case to >court if it was not convinced it could win.

    Hmmm, does this mean that it doesn't have to go to court ? After all, BT...with all its expensive lawyers, is convinced it can win. So what's the point in even trying to defend against it.

    Very dodgy point of view...

  34. The lawyers must be proud by Silas · · Score: 2
    What lawyer goes home at night thinking "wow, I really made a difference today. I'm doing my own little part to end poverty, stop war, and make life for all people everywhere happy and sustainable by... PATENTING HYPERLINKING." ??

    BT needs to hire a Director of Choosing Your Battles.

    1. Re:The lawyers must be proud by batgimp · · Score: 1

      Interesting point, I've always wondered where lawyers find their job satisfaction. It's not like they're doctors(healing), engineers(building), or even business men (who, it could be argued, provide employment).

      Umm, apart from counting their money, obviously. That's probably very satisfying.

    2. Re:The lawyers must be proud by Dr.Dubious+DDQ · · Score: 2
      I've always wondered where lawyers find their job satisfaction.

      There are some "good" lawyers. Maybe not many, but a few.

      If you think of the convoluted legal code that lawyers have helped legislatures build up, you can think of it as a really complicated weapon, that requires special training to use.

      There ARE lawyers out there who enjoy using this metaphorical 'weapon' on behalf of actual victims of real crimes. Sometimes this takes creativity (I recall reading of a case where a man abducted a woman and, among other bizarre things, made a small cut in her foot(?) and drank some of her blood...but didn't go far enough to be charged with 'rape'. The lawyers for the prosecution managed to get him charged with "robbery" - he stole some of her blood.)

      Granted that modern law has become so convoluted and lucrative that it attracts far to much of the 'wrong sort of person' to the trade, just to make a pile of money, but there are a few left who actually enjoy getting 'bad people' put away.

    3. Re:The lawyers must be proud by birder · · Score: 1

      Job satisifaction comes from winning. There are people who love to win and at any cost defending a guilty client for example and happy when they get them off the hook. Granted, there are some that wish to simply enforce the "law" as it is printed and make sure the common people are properly protected.

      From articles I've read, most lawyers start out with nobles intentions but soon fall prey to the underbelly of their profession. Many have substance abuse problems from working too many hours and the stress of "winning" all the time or gaining money and/or fame.

      The role of a lawyer is a good one, and probably a fun job sometimes, but they have elevated themselves too high in society.

      Nobody wins but the lawyers is trusim if there ever was one.

    4. Re:The lawyers must be proud by arkanes · · Score: 1

      Do you like my hat? It's made out of MONEY!

    5. Re:The lawyers must be proud by rnturn · · Score: 2
      ``...made a small cut in her foot(?) and drank some of her blood...but didn't go far enough to be charged with 'rape'. The lawyers for the prosecution managed to get him charged with "robbery" - he stole some of her blood.''

      I'm surprised they didn't charge him with practicing medicine without a license. My personal favorite is the case where prison escapees successfully sued a state over the mental anguish they suffered after having been allowed to escape the prison and live on the lam for a number of weeks.

      From my ``favorite quotes'' file:

      ``With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him.''

      (attributed to Robert Jackson while FDR's attorney general and, later, a Supreme Court Justice.)

      It seems to be getting worse, doesn't it? Now it's not just the law books but patents as well. (BTW, if anyone knows if the above quote is accurate and can point me to the original source, I'd love to read that book.)

      --
      CUR ALLOC 20195.....5804M
    6. Re:The lawyers must be proud by dunstan · · Score: 2

      Was it a good use of the law when Capone was prosecuted for tax evasion?

      D.

      --
      The last scintilla of doubt just rode out of town
  35. So.. by BCGlorfindel · · Score: 1

    Are they going to sue me now?

  36. Before you all get started... by Anonymous Coward · · Score: 0

    Before you all get started, please don't assume that we brits support this in any way, shape or form. Every self-respecting British geek despises BT for their obstructive approach to broadband internet provision. At every possible stage they have dragged their feet in an effort to keep competitors out. A few years ago their chairman made a speech in which he claimed that the internet was still not "fit for purpose". Of course, the "purpose" he had in mind was making billions for BT. This patent claim is just another attempt by BT to make money with having to compete fairly with other organizations.

  37. BT by CaptainZapp · · Score: 2
    Proabably the marketing drones at BT didn't really think of the fact, that they could use that ridiculous patent (which will never stand up, they are not going against Joe Shmoe, but big money) to polish up the image of one of the worldwide most despised carriers. Just imagine instead of

    WE INVENTED HYPERLINKING, SHOW US THE MONEY...

    Yeah, we found out that we own this patent and we decided to release it for free for the greater good of the community.

    OK, so they pursued option 1. They look like the greatest losers and dickheads. Oh yeah; and they'll never see a cent in the first place. They also wouldn't see a cent with option 2 of course, but would be a really geeky and cool carrier (ok, that's a bit of a stretch for our UK readers) instead of complete jerks, that can't distinguish their arses from a hole in the ground.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:BT by Anonymous Coward · · Score: 0

      They would be going for pounds. And BT owns the local loop. Its never letting it go and its one of the largest obstacles to internet development in the UK. If given the option we know exactly what they would do, and they won't be giving anyone anything for free.

      Bah!

      Ferret

  38. Hypertext was invented in 1945 by Scaba · · Score: 4, Informative

    I thought everybody knew Vannevar Bush invented the concept of hypertext & hyperlinks with the introduction of Memex in 1945. Read the full article here. Maybe someone should mention this to BT before they waste a lot of time with this nonsense?

    1. Re:Hypertext was invented in 1945 by geekoid · · Score: 2

      invented, an talking about an idea are two different things.
      How ever the 1968 deminstration is still a good example that the idea, concept, and invention, did exist priviouse to 1980.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Hypertext was invented in 1945 by Scaba · · Score: 1

      "Talking about it" is all the patent is, when it comes right down to it. That's all any patents are.

    3. Re:Hypertext was invented in 1945 by marcjw · · Score: 1

      Interesting article. The example of patent lawyers participating in the concept of 'associative indexing' is more than a little ironic.

      --
      . Ergo sum cogito - Yoda
  39. when did Ted Nelsen think of hyperlinks? by peter303 · · Score: 2

    I remember talking about it the 1980s. His articles could be used as "prior publication".

    1. Re:when did Ted Nelsen think of hyperlinks? by Anonymous Coward · · Score: 0

      Ted Nelson used some of Englebarts Ideas and Published Computer Lib/Deam Machines with an article on Hypertext Linking around 1974.

    2. Re:when did Ted Nelsen think of hyperlinks? by russellh · · Score: 1

      Ted Nelson coined the words hypertext and hypermedia in 1963.

      His self-published books are required reading for anyone interested in hypertext, copyright, publishing, and what happens when you don't wanna compromise.

      --
      must... stay... awake...
  40. Those fools. by dmaxwell · · Score: 4, Informative

    The obvious thing for Prodigy to do is to call Douglas Englebart as a star witness. You can watch video of a point and click hypertext system he was demoing back in 1968. One place that can be seen is here:

    http://sloan.stanford.edu/MouseSite/1968Demo.htm l

    He even demoed a shared display system between two geographically separated terminals. If I was BT and saw Englebart on the defence's witness list, I would sue for peace immediately. 1968 for Pete's sake! Those guys need to be slapped upside the head with a wet mackeral.

  41. From the bbc article by TRACK-YOUR-POSITION · · Score: 1
    Patently ludicrous

    However, according to the UK Patent Office, patents are, by nature, vague so such an argument might not prove to be sufficient defence.

    Part of BT's patent (see internet links) "If I patented a flying machine the patent could equally apply to helicopters and aeroplanes even though they are completely different," explains Stephen Probert deputy director of the Patent Office.

    "It seems ludicrous that a patent for one technology can cover another but patents are anything but precise and are meant to cover things that aren't yet invented," he says.

    I don't know what to say--is this guy insane or is that how patents really work? By inventing the hot-air baloon I also invent the airplane, helicopter and spaceship? Patents are meant to cover things that aren't yet invented?!

    1. Re:From the bbc article by Anonymous Coward · · Score: 0

      Not to mention the ornithopter and the
      anti-gravity device ;-)

  42. You, good sir, are a liar! by Hektor_Troy · · Score: 3, Funny

    "I'm not a dork, I'm a geek. Ask my girlfriend."

    Geeks don't have girlfriends. You are at most a technically gifted person, who has a girlfriend.

    --
    We do not live in the 21st century. We live in the 20 second century.
    1. Re:You, good sir, are a liar! by justinstreufert · · Score: 1

      Ah, but you are mistaken. I am a geek with a girlfriend. Wife, in fact. She is also a geek.

      Justin

      --
      "Why would God give us a waist if we wasn't supposed to rest our pants on it?" - Rev. Roy McDaniels
    2. Re:You, good sir, are a liar! by Hektor_Troy · · Score: 2

      Just saw her picture. That's not fair!

      Here I am, in love with my neighbour (but don't have the guts to say anything), and you go marry a beautiful geek. I don't know you, but trust me when I tell you: "I hate you!"

      --
      We do not live in the 21st century. We live in the 20 second century.
    3. Re:You, good sir, are a liar! by justinstreufert · · Score: 1

      [Moderators, go ahead and mod me down if you want :) This is way offtopic but the parent poster doesn't have an e-mail listed ;)]

      Sorry. I wasn't trying to brag or anything. If nothing else you should be inspired that something this good can happen to a shmoe like me. I met her on IRC for crissake.

      BTW, I'm curious, where did you find a picture? ;) I know there are a few up on the web somewhere, but...

      Justin

      --
      "Why would God give us a waist if we wasn't supposed to rest our pants on it?" - Rev. Roy McDaniels
    4. Re:You, good sir, are a liar! by Hektor_Troy · · Score: 1

      D'oh! Mistook Powerlinekid's post for yours:

      http://slashdot.org/comments.pl?sid=27804&cid=29 87 896

      --
      We do not live in the 21st century. We live in the 20 second century.
  43. these people are desperate. by laserjet · · Score: 3, Informative

    Here are my favorite parts of the article:

    "BT stumbled upon the patent during a routine update of its 15,000 global patents in the summer of 2000."

    They didn't even know they had it, first of all. Their patent expires in the year 2006 in the US. What happens if you don't defend a patent (I am not a lawyer, I am curious if anything changes if you don't defend a patent)

    Plus, this patent is so general. And here is their evidence:

    Prodigy's unlikely saviour comes in the form of a fuzzy black and white video which shows a 1968 demonstration by Stanford computer researcher Douglas Engelbart apparently demonstrating hypertext linking.

    I would like to see this video... Seriously, though, I think this is going to be a huge PR disaster when this blows up in their face. Not only do they look like desperate bastards, but also like idiots trying to claim a patent like "the flying machine" entitles them to the royalties of airplanes, helicopters, gliders, etc. (Ana analogy the article pointed out.

    how low cna you go?

    --
    Moon Macrosystems. Sun's biggest competitor.
    1. Re:these people are desperate. by geekoid · · Score: 2

      From my expaerince with the US patent system:
      You do not have to defend a patent to keep it. If you want to charge people retroactivly, you will have a tough row to hoe.

      British patents can be very vague, compared to US patents.
      here is the link you requested.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:these people are desperate. by laserjet · · Score: 2

      Cool. Thanks for the link, this will be fun to watch.

      --
      Moon Macrosystems. Sun's biggest competitor.
    3. Re:these people are desperate. by Anonymous Coward · · Score: 0

      Lucky you -- the video was posted on the web: http://sloan.stanford.edu/MouseSite/1968Demo.html

    4. Re:these people are desperate. by Aztech · · Score: 2
      "British patents can be very vague, compared to US patents"
      First of all, this is a US patent not a British one, it was patented with the USPTO, it doesn't matter if the company filing the patent is foreign... the patent laws from that foreign country doesn't suddenly transcend into the US law. If the USPTO believed it to be too vague then they simply should have rejected it, the UK patent has expired and is incidental.

      To say US patents are not vague is laughable, in the US you can even patent totally intangible things such as 'business processes', you should check some of those, if they're not vague and over reaching then I don't know what is. Then we have patentable "mathematical algorithms" (even if they're not practically applied), they don't stand for such things in the UK patent office that's why RSA, LZW never received patents in the UK.
  44. Take a look at the patent by Dick+Click · · Score: 1

    The patent contains this definition:
    "plural remote terminal means, each including (a) modem means for effecting input/output digital data communication with said central computer means via the telephone lines of a telephone network"
    I access web servers via cable, not telephone lines. I expect most servers out there are not connected over "telephone lines" per se (telephone lines used to connect telephones). I wonder if this will be argued.

    1. Re:Take a look at the patent by arkanes · · Score: 2

      One reason they're hitting prodigy. Back in the 80's, it was all over telephone lines.

    2. Re:Take a look at the patent by Anonymous Coward · · Score: 0

      Tricky one, especially now that data networks can be used for voice and vica versa. The major difference between their patent and reality would seem to be that BT's patent applies to circuit switching networks not packet switching ones, I'd like to see them try to convince the judge the internet is ciruit switched.

  45. If BT was a publicly traded U.S. company... by s4m7 · · Score: 1

    ...They would have a legal obligation to their shareholders to pursue any money just laying on the ground, similar to the AOL/TW vs. Microsoft antitrust going on with netscape. Since this is not the case, maybe BT is beholden to the British Government in a similar way. Or maybe they are helping the cause by showing the U.S. that foreign entities are figuring out how to exploit our own copyright in frivoulus lawsuits.

    --
    This comment is fully compliant with RFC 527.
    1. Re:If BT was a publicly traded U.S. company... by Anonymous Coward · · Score: 0

      Exactly the same in the UK- they are a private company and have been for a while now...

  46. wow the British comment... by josepha48 · · Score: 2
    "However, according to the UK Patent Office, patents are, by nature, vague so such an argument might not prove to be sufficient defence."

    In the USPTO they should get rejected as being 'vague and indefinite' if they are to vague. This is a basic patent rejection. So if the language of this patent is to vague to understand today that should be sufficient to invalidate the patent. Boy would that suck for them to be told that the patent is no longer valid and never really was.

    --

    Only 'flamers' flame!

    1. Re:wow the British comment... by batgimp · · Score: 1

      Can a patent be rejected after it has already been accepted, and been in place for years ? Surely the whole point of getting the patent is that it establishes your right to the ip and once it is granted, you don't have to continue proving your right to it over and over (IANAL, BTW).

      If this is so, then they should make it a lot harder for a patent to be accepted in the first place. I doubt that BT would have gotten their patent originally if anyone had checked it properly first day.

    2. Re:wow the British comment... by Jeremy+Erwin · · Score: 2

      One can argue in court that a patent claim is overbroad or invalid. The process of patents is not an adversarial one--no one in the patent application process is responsible for actively opposing the patent grant. Typically, unless the prior art is itself patented (and thus, easily discoverable), the patent examiner might well ignore it.

    3. Re:wow the British comment... by geekoid · · Score: 2

      with the USPTO, you can loose a patent after you have recieved it. It is not up to the USPTO to search all data that exists everywhere to determine "prior art". they have certian guilinse, and check it against existing patente as best they can, but it is up to the people, or corps, to fight the patents.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:wow the British comment... by josepha48 · · Score: 2
      "Can a patent be rejected after it has already been accepted, and been in place for years ? "

      Yes, definately. A patent can be challenged at any time in its life as being invalid for many reasons. The drawback is that once a patent is challenged it can also be determined that it is valid. In this case a company can start going after people.

      --

      Only 'flamers' flame!

    5. Re:wow the British comment... by Anonymous Coward · · Score: 0

      I'm going to go to the UK Patent Office and file a patent for "A thing that does something".

      Prepare to pay up, you Brits.

    6. Re:wow the British comment... by LoseNotLooseGuy · · Score: 1

      with the USPTO, you can loose a patent after you have recieved it.

      I think you would find very few individuals who are interested in "letting loose or releasing" patents. However, it is possible for one to fail to retain a patent. I believe the word you were looking for is lose.

      Congratulations! You have been participant #25 in my campaign to rid Slashdot of this error.

      --
      Proudly correcting Slashdot's most irritating linguistic error since 2002.
    7. Re:wow the British comment... by dunstan · · Score: 2

      Exactly.

      And if you were knowingly infringing a patent which was being challenged would you choose a) to license it *before* the case was determined at an agreed price, or b) wait and license it *after* the case was determined at a price of the patent holder's choosing?

      Dunstan

      --
      The last scintilla of doubt just rode out of town
  47. My patent by pubjames · · Score: 1, Offtopic

    You know when you get really bored at work and so you decide to scrape all the finger-cheese off the keys on your keyboard?

    I've got a patent on that, I have.

    1. Re:My patent by Anonymous Coward · · Score: 0

      > I've got a patent on that, I have.

      On the crud, or on the process of de-crudding?

      Just curious.

    2. Re:My patent by pubjames · · Score: 2

      On the crud, or on the process of de-crudding?

      Oh, only the process. I'm not sure if bodily excretions are patentable. But the way things are going, perhaps they will be one day...

      Is it possible to have, like, a holding patent, for something that isn't currently patentable but will be once the megacorps finally decide all laws in America? I guess if there is then the Megacorps will have already done it. They'll have like a Meta-patent that covers everything.

      Way too much coffee.

    3. Re:My patent by Lonath · · Score: 2

      There are a lot of patents on manure (which is useful). Go to the USPTO and search for the word "manure". I am sure they DO something with the manure, but it's still damn funny. Unless you're in the manure industry. that is.

  48. the video evidence against BT by thumbtack · · Score: 1, Redundant

    of Douglas C Englebart demonstrating links in Dec 1968 can be found here.

  49. my patent... by acherrington · · Score: 0, Flamebait

    I wonder if there would be any way that I could patent my invention of scrubbing Carbon Dioxide out of the human body through resperation, replacing it with oxygen?

    God never patented it, so I should have rights to it instead...

    --


    Victory is gained, not in knowing your opponents next move, but in preempting them.
  50. Survival mode by Anonymous Coward · · Score: 0

    BT are that desperate for a bit of reliable revenue, as what passes for their management have slammed a company deep into the ground that looked so promising just 10 years ago.

    They are still many billions of pounds in the red, despite issuing the biggest cash call in British history (5.9 billion pounds), some frantic sales of overseas assets, leasing back property, and more recently spinning off their mobile business. There have been angry scenes at emergency shareholder meetings, senior brass quitting in disgrace, etc. So right now they will grab at any readies they can lay their sticky little claws on.

    I wish had enough space to tell you all the times I have been let down by BT on network projects: "sleepy ISDN" syndrome, installation "engineers" who couldn't find the right spot to put in a line despite my drawing big black boxes on the wall in magic-marker labelled "BT install here", etc. So much for the magic wand of privatisation, curing all those horrible nationalised industries.

    Their mgt dug their heels in on ISDN roll-out to protect old business; they are finally being dragged by the regulator out of the same old racket on DSL. They are one of the worst-run businesses I've ever had the misfortune to work with. Starting out as a privatised monopoly with all the assets, skills and R&D firepower of the British govt's old monopoly telecoms service, they have successfully sucked all the value out of what might have made a good private competitor, and I don't expect them to be around in a year's time, at least not under the name BT.

    So go for it lads, hoover it up while you can, and maybe you can cheer the shareholders up enough in the short term to allow you a cushy trip out the door when the buyout happens.

    Am I coming across as bitter here? Sorry.

  51. Re:It just goes to prove... by Anonymous Coward · · Score: 0

    that yanks are a load of cunts, and the entire world hates them.. unfortunately they are too arrogant to see it

  52. Over-riding Patents by Alien54 · · Score: 2
    Patents have been over-ridden before in the name of national security, etc. The earliest example I know of is the forced Licensing of the Wright Brothers Aircraft Technology to competitors during WWI. But there are others.

    So I can see a government that would force a takeover of the patent even if they win.

    Or Maybe everyone would force them to sue first.

    I can see the peasants storming the castle now.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  53. Time for another tea party... by Pig+Hogger · · Score: 3, Funny

    If this passes, I guess you'll see plenty of dead URLs floating in Boston Harbor...

  54. They waited too long by programic · · Score: 1

    I know this is the case with trademarks, but I don't know what happens in the case of patents.

    But if a company does not defend their trademark vigorously, after time they risk loosing it. Good cases are with drugs (tylenol, aspirin), and lots of very common consumer products (kleenex comes to mind, almost happened to coca-cola IIRC).

    I think the same thing should hold true with patents: If they're prosecuting Prodigy for hyperlinking in the 80's, good hell, they've waited too long.

    --
    -- yawn. --
    1. Re:They waited too long by LoseNotLooseGuy · · Score: 1

      But if a company does not defend their trademark vigorously, after time they risk loosing it.

      The average company runs very little risk of "letting loose or releasing" their trademarks. However, there is significant risk of failing to retain them. The word you were looking for is losing.

      Congratulations! You have been participant #26 in my campaign to rid Slashdot of this error.

      --
      Proudly correcting Slashdot's most irritating linguistic error since 2002.
    2. Re:They waited too long by Anonymous Coward · · Score: 0

      He'll get an education. In the mean time, you can get a life.

      You are some kind of looser.

  55. patent idiocy in the patent office's own words by markj02 · · Score: 1, Redundant
    "If I patented a flying machine the patent could equally apply to helicopters and aeroplanes even though they are completely different," explains Stephen Probert deputy director of the Patent Office.

    I think this tells you how out of touch the patent office is with the intent of patents. A patent on a "flying machine" should be written in such a way that someone of ordinary skill in the art can build one based on the patent. If the patent teaches you how to build a flying machine, you'll know whether you end up with an airplane or a helicopter (the patent may, of course, contain explicit descriptions of both, in which case you'd know as well).

    The notion that a patent can teach someone of ordinary skill how to build the patented invention, yet be so vague that it covers all flying machines is ludicrous, and it's symptomatic of what is wrong with the patent office. You get it here in Probert's own words.

  56. What if hyperlinks went away? by Anonymous Coward · · Score: 3, Insightful
    Despite the fact that there is both tons of 'prior art' and a very strong case of 'obvious nature' for this particular patent case, I think it would be interesting if BT did manage to win their case. They're hoping to claim massive amounts of royalties from companies who run websites, but I think the real effect would be that the majority of website owners, corporate and private, would simply terminate their websites.

    I think that if you kill hyperlinks, you pretty much kill the whole http-based World Wide Web.

    Where does that leave us? Well, for starters, it gets a whole lot of companies back off the internet, where they don't really belong. I think that the last decade has proven that the e-commerce model doesn't really work when brick-and-mortar sales models are more efficient. There are a few, very specialized business who manage to do business over the internet, but these are almost always in the same area that phone and mail-order business have always dominated. The major auto manufacturers are a good example of companies who don't belong on the internet. The music industry is probably another good case, since they absolutely refuse to embrace the sharing model that the internet and P2P apps have made so popular. They don't want to do business on the internet. They want to use the internet to make their brick-and-mortar businesses more profitable.

    So, let's say that all these companies get off the internet. What's left of the internet?

    E-Mail, for one. Despite the popularity of the web, E-Mail still accounts for the vast majority of internet traffic. FTP is another. Just because graphical websites go away doesn't mean that we can expect FTP sties to go away as well. FTP sites after websites, however, can be expected to have much, much more in the way of content. We can expect 'pub' directories to have much, much more in the way of specialization and indexing. Personal FTP sites would have vast amounts of things the site's owners would like or find interesting. MP3's, images both conventional and pornographic, movies, text files like e-books and fan-works, applications... The list goes on and on.

    This model for MP3 sites was almost the way things worked. In 1993, there were about an equal number of FTP- and Web-sites. HTML was so much more versatile than an FTP site, so it dominated.

    I think we'll also see a resurgance in the use of Usenet, which has been supplanted in many ways by weblogs and online message boards for BBS-type use. We may even see a resurgance in telnet-based BBS's. That would be cool.

    The thing I think we'll see the most of if the web magically went away, would be the proliferation of internet sites that use Post-http era technology. This includes any of the P2P protcols like Gnutella or FastTrack, CVS, Freenet, streaming music and video, distributed problem solving like Seti@home and Folding@home, and many, many more.

    The web is stagnant already, so this process is already beginning. Just look at the statistic figures for Gnutella or FastTrack to get an idea. I don't think BT will win their lawsuit, and I don't think that the web is going away anytime soon.

    I don't think it would necessarily be a bad thing if it did.

    1. Re:What if hyperlinks went away? by jtosburn · · Score: 1

      This is an interesting line of thought.

      But I wonder if it wouldn't be more direct for browsers to stop rendering links and instead show ascii URLs; instead of clicking a "hyper" link, one would merely need to copy and paste a given URL into the address bar. By removing the convenience of linking, the web would just be reduced to providing references that are no different from footnotes.

      Not that any of this will happen, of course.

    2. Re:What if hyperlinks went away? by TotallyUseless · · Score: 1

      but then it would no longer be a web... it would be the World Wide Collection of Unlinked Sites. WWCUS. Doesn't quite roll off the tongue like WWW does.

      --

      Time for some tasty Shiner Bock!
    3. Re:What if hyperlinks went away? by CmdrSam · · Score: 1

      And then, of course, it would probably take about 3 hours before someone made the first browser to automatically turn ascii URLs into clickable links...

      It's an amusing line of thought but like you say, never happen.

      --Sam L-L

    4. Re:What if hyperlinks went away? by Ando[evilmedic] · · Score: 1


      Oh yeah. dou-ble-you-dou-ble-you-dou-ble-you-dot.

      I know it rolls off my tongue...

    5. Re:What if hyperlinks went away? by dissy · · Score: 1

      (My how we get off topic heh)

      Ive noticed alot of people pronounce 'w' as 'dub' as its a single sylible.
      Much easier to spit out dub dub dub dot whatever dot com

    6. Re:What if hyperlinks went away? by Kelson · · Score: 1

      Did anyone else find this post familiar? I did some digging, and found it was previously posted on November 25 of last year.

    7. Re:What if hyperlinks went away? by Anonymous Coward · · Score: 0

      Bush Bush Bush?

  57. the future by InsaneCreator · · Score: 0, Offtopic

    What's next? Gutenberg's relatives filing a lawsuit against O'Reilly for printing books without paying royalties for using his invention?
    Patents are evil (well, a lot of them).

  58. Sorry /. by Anonymous Coward · · Score: 0

    Looks like you will be charged for someone reading this reply.

  59. The buzzards are here... by icey5000 · · Score: 1

    I seem to recall BT having some problems financially. This is is a really bad sign for them. The presence of lawyers filing cash-grab lawsuits (like this one) is frequently a sign of a desperate or dying company. ;)

    1. Re:The buzzards are here... by labiator · · Score: 1

      Isn't Prodigy owned by SBC (Southwestern Bell)? So that would make this Big Telco vs Big Telco. Kinda like Pennzoil vs Texaco. Sue your competitor into oblivion

      --
      Win if you can... Lose if you must... But always CHEAT!
    2. Re:The buzzards are here... by Anonymous Coward · · Score: 0

      I am sure that SBC is a very prominent competitor of British Telecom.

    3. Re:The buzzards are here... by gaudior · · Score: 1

      And even more interesting... SBC is doing quite well, for a Telco, and BT is in deep sh*t, financially.

  60. Pulp Fiction by October_30th · · Score: 0, Interesting
    VINCENT
    You'll dig it the most. But you know what the funniest thing about Europe is?

    JULES
    What?

    VINCENT
    It's the little differences. A lotta the same shit we got here, they got there, but there they're a little different.

    --
    The owls are not what they seem
  61. Patent infringement by Anonymous Coward · · Score: 0

    Hmmm, aren't they ignoring the people at CERN?

    Ted Nelson, who is generally acknowledged to have coined the term hypertext in his 1965 book, "Literary Machines".

    Isn't BT in danger of losing it's patent? I mean if enough substantial information can be shown that "hyperlinks" existed before BT pateted them, then can't BT lose the patent? Not being familliar with English law, can Prodigy sue BT for bringing a "frivilous" lawsuit?

    I guess in the end it's a gamble, and BT is going to take it. If it wins, then it gets money, and more importantly sets a precedent. If it loses, it can always try again at a later date. I think somone needs to make this game that BT is playing untenable. How about a class action suit against BT by every person that has a web page? I'm not a lawyer so I can't think of any fancy charges to sue BT for (you can't sue for stupidity) but I'm sure somone can.

  62. Al Gore next? by bje2 · · Score: 1, Funny

    Next thing you know Al Gore is gonna start defending a patent that he invented the Internet....

    --

    "Facts are meaningless. You could use facts to prove anything that's even remotely true." - Homer Simpson
    1. Re:Al Gore next? by Anonymous Coward · · Score: 0

      Whoever moderated this as funny is a drooling half-wit.

  63. Reason = debt busting. by MrBandersnatch · · Score: 1

    The reason BT are going after this is that they are BILLIONS ($40+ I think) in debt and need a way to pay it off. They may well win...be prepared for that. Even if they could only get a few thousand out of ever ISP/web publisher they would make a considerable dent in their debt - hence dont expect this to go away.

  64. I guess I just didn't understand patents... by paulbd · · Score: 2

    From Stephen Probert, deputy director of the UK patent office: "It seems ludicrous that a patent for one technology can cover another but patents are anything but precise and are meant to cover things that aren't yet invented," he says.

  65. Extortion and Precedent by Anonymous Coward · · Score: 3, Insightful
    You know, how often do you read about some case that is settled, but the exact terms of the settlement were not disclosed?

    I'm cynical enough to think that maybe BT gets Prodigy to settle this for some ridiculously small amount of money ($10, or even $100,000) to make it go away, and both parties aggree, as part of the settlement, to keep the details of the settlement private.

    Now BT goes to work for Prodigy trying to go after their competitors. Just like the RAMbus nonsense, the first few get to settle on generous terms. But after that it starts to get expensive even to just settle. Because now BT has precedent on their side. "well look, all these other companies have settled to license our innovative hyperlink technology."

    The benefit to Prodigy is: A cheap settlement. The lawsuit goes away. BT goes after their competitors.

    The benefit to BT: They establish precedent. They might even get a little trickle of money ($100,000 to settle?). They get really big settlements later from the others who didn't settle early.

    If Prodigy settles, what do you want to bet that they keep the terms of the settlement a secret? Now why would they keep something a secret? What possible motivation? Obviously, it must be hugely in their interest to keep it a secret -- because it would be embarrasing to settle for such a small amount, because that would make most people realize the true evil movies of both parties. Gee, could they even agree to this under the table in advance? Okay, I'll agree to let you sue me and settle for cheap with an unlimited nonexclusive license in return. Okay, maybe now I'm being too cynical.

    1. Re:Extortion and Precedent by markmoss · · Score: 2

      Interesting theory. A settlement will not establish the court precedent BT needs, but it might be used to convince investors that BT owns a valuable patent. It would seem, though, that this would work much better if the $ amount was public and large, and it would also seem that any significant amount would eventually show up in the public profit-and-loss statements of each company. But perhaps BT's hope is to bring in the suckers before the actual details are revealed. It would have worked a year ago, but after the dot.com meltdown and then Enron, how many suckers still have that much money?

      Another way to inflate the value of a patent: find someone else with a patent that won't hold up in court either, agree to cross-license them, and announce the deal with the highest possible evaluation placed on the patents involved. (That is, assume the patents hold up in court, that you are actually able to collect large royalties on everything the patents claim to cover, and that the businesses you are taking these royalties out of don't shrink as a result...)

  66. Oh no.. by T3kno · · Score: 1

    Does this mean that all of the links on the web are going to become <http://slashdot.org&gt [copy the text between the tags into your browsers address bar and hit enter]??

    --
    (B) + (D) + (B) + (D) = (K) + (&)
  67. that may not be prior art by markj02 · · Score: 5, Interesting

    Those are probably hyperlinks to resources within the same computer. BT may be claiming hyperlinks among resources distributed across a network. That should be an obvious extension, but "obviousness" is a much harder defense against patent infringement than prior art.

    1. Re:that may not be prior art by crisco · · Score: 5, Interesting
      Your comment should be modded up a bit.

      I, probably like many /.'ers, watched a few of those videos and thought something along the lines of "man, those guys were so far ahead of their time, they had everything already done back then! Screw BT and their specious patents!". But go back and watch the demo again. Then scan the patent again. Doublas Engelbart's demo kept referencing hypertext within the same information store (computer). I couldn't find a reference to a local reference to remote information. Networking and even remote sessions are mentioned but never the context of a local link to a remote chunk of data. BT's patent appears to focus on hyperlinking menus being included with each chunk of data to allow easy access to further information.

      Now, having said that, there are some key differences between the hyperlinks we know and love today and the system described in BT's patent. Links in the form of http://, ftp://, etc are known as URLs because they abstract away the differences in local and network locations and various protocols used for transmitting the data. It may be argued that hyperlinks are abstractions of a local data store, not a remote menuing system. Also of interest in BT's patent is the reference to the VIEWDATA system, some quick internet searching reveals systems that used color coded links that may qualify as prior art. Another major factor is the use of a mouse. BT's patent doesn't seem to mention anything besides keypad input methods while today's interaction with hypertext is primarily with some sort of pointing device.

      Another thing to consider is BT's first major target in this. While other reports mention up to 17 ISPs being asked to pay royalties, Prodigy has gotten the majority of the attention. Wasn't Prodigy one of the larger online services back in the '80s? Might they have had an early interface system that consisted of numeric menus linking to additional information? Is BT going after one of the only true violators of the patent, hoping to scare the rest of the world into paying royalties? Are they deliberately setting up smokescreens, hoping to distract from the real issues in the case?

      So, after a closer look, I still think that Mr. Englebart and his peers were way ahead of their time and I still say "Screw BT and their specious patents!", just for slightly different reasons.

      --

      Bleh!

    2. Re:that may not be prior art by Anonymous Coward · · Score: 0

      "BT may be claiming hyperlinks among resources distributed across a network."

      Does anyone know if "PLATO Notes" (a mid-70s competitor to Usenet) supported hyperlinks across a network? The later commercial version, Lotus Notes, certainly did, but that wasn't until the mid-80s or so.

      http://www.notes.net/history.nsf/ says you could "Link notes files with other Plato systems".

    3. Re:that may not be prior art by Anonymous Coward · · Score: 0

      But wasn't Gopher around before 1980? That should prove that hyperlinking was being used in a networked environment before BT ever even stol...er...thought of such an idea.

    4. Re:that may not be prior art by tigre · · Score: 1

      In my cursory reading of the patent, I think I see why they went after Prodigy, and if successful would go after AOL. The patent specifically talkes about using telephone lines as the communication link to the network. Thus, most of the internet is probably immune from this patent, but content providers that use phones and modems to connect to their clients are.

    5. Re:that may not be prior art by crisco · · Score: 2
      Gopher came about in '91 or '92.

      Of more interest are the early BBS systems. Wonder when the first menus came along to make things easier. Another poster also mentioned something called NOTES that would be nice to take a look at.

      --

      Bleh!

  68. CompuServe to the rescue ? by eludom · · Score: 2, Interesting

    I worked at CompuServe in the mid 80's
    (for the guy that invented .GIF, using
    a "free" algorithm found in an ACM journal
    that later turned out to be patented) and
    keep in touch with people over there (CompuServe/AOL) from time to time.
    At one point, AOL had retained the ex-Compuserve CTO to do historical research into patentable
    things that the company had done. I would lay money that CompuServe/AOL will challenge this
    if it goes very far.

  69. I'm Confused... by milesbparty · · Score: 2, Funny

    I thought Al Gore invented hyperlinking...or was that Microsoft. Now I'm all confused.

    --
    eMelody Web Directory add your site today!
  70. The password is... PRECEDENT by TheConfusedOne · · Score: 2, Insightful

    Legally it's quite a shrewd manuever to launch the offensive against a smaller target. BT can bully Prodigy and get a settlement, or, if they go to court, they won't be fighting the endless hoardes of lawyers that a company like AOL would throw at it.

    Either way, if they win they establish a precedent that will simplify the process as they go after the bigger fish.

    BTW - I hear a bunch of lawyers for Rambus are looking for a new "righteous IP cause" to sign on for...

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
    1. Re:The password is... PRECEDENT by Amazing+Quantum+Man · · Score: 2

      Legally it's quite a shrewd manuever to launch the offensive against a smaller target. BT can bully Prodigy and get a settlement, or, if they go to court, they won't be fighting the endless hoardes of lawyers that a company like AOL would throw at it.

      Except that Prodigy is owned by SBC, one of the Baby Bells. They've got tons of bucks and lawyers.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  71. All your links are belong to KPMG/BT! by joebp · · Score: 1
    With reference to this story and also this story about this company, I would like to challenge BT's and KPMG's assertions that I am violating their rights by linking to them. Come on guys!

    Hahah! How much more ridiculous can things like this become?

    1. Re:All your links are belong to KPMG/BT! by RazzleFrog · · Score: 1

      While you are correct that both are ridiculous, they are, however, entirely different stories. KPMG was trying to stop somebody from linking to their site. No lawsuit was ever involved and it died fairly quickly. BT, on the other hand, is suing Prodigy for the technology that has become known as hyperlinking based on an old, vague patent from 1980. They have no problem with you linking to them, as long as you pay a royalty.

  72. specific to keyboards? by kisrael · · Score: 5, Interesting

    If you read the patent itself (patent office link from the article), or at least the abstract, it specifically mentions "operation of a selected key of the keyboard". (Later on it says "The terminal apparatus may include data entry means, such as a manual keyboard"). Funny if they somehow win, maybe browsers will have to remove keyboard shortcuts, but mouse and trackpad clicking is still A-OK. (And then Amercians with Disabilities Act crew will jump on it...)

    But yeah, this is really insane. Also, so many patents like this seem like they don't pass the "not obvious to a practitioner of the field" test.

    --
    SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
    1. Re:specific to keyboards? by bigpat · · Score: 1

      Funny they might have been screwed because they used the word keyboard in the patent... If they had said any input device then they may have had something...

      But aren't hyperlinks described in early 1950's and 1960s research. I couldn't find anything, but I thought I remembered some history of the internet show talking about this a few years back.

  73. *sigh* by connorbd · · Score: 2

    Says a lot about our patent system. Unfortunately, it's all been said many times before.

    /Brian

    1. Re:*sigh* by RazzleFrog · · Score: 1

      I think that if they win it will be more of a problem with our legal system than our patent law. The patent as it is written is obviously not nearly like what we would call hyperlinks (dummy terminals over phone lines using special keys). It is up to a judge to make that determination.

  74. Are they suing the right people? by Anonymous Coward · · Score: 1, Interesting
    Putting aside the fact that the whole issue is ...patently absurd, are BT even suing the right people? I don't believe content producers or ISPs who host web pages are actually implementing this "Hidden Page" technology. My reasoning is thus:

    Those who produce html web content follow the html markup guidelines. Markup tags simply indicate structure or meaning to some text on a page. So something like
    <a href="http://goatse.cx/"> check out this reference </a>
    is merely an indicator to a reader or parser. There is no linking inherent in such a markup syntax.

    Even web server authors or those using web servers are not infringing since (at least on a very basic level) http servers simply comply to the requests of a browser: give me this page, then that page, and then this next one. Like an ftp server, there is no concept of linking, at least as described by the article.

    The only ones I can think of who are implementing hyperlinks are web browser authors. It is the browser that adds semantics to the markup, which it attempts to display on your monitor. It is the browser that actually highlights the linked text, and it is the browser that "connect[s] text, images, and other data on the Internet in such a way as to allow a user to click on a highlighted object on a Web page in order to bring up an associated item contained elsewhere on the Web".

    So BT should lose this suit, not just by way of the unwholesomeness of the patent, but also because they're trying to sue a company which isn't even infringing their patent.

    1. Re:Are they suing the right people? by hether · · Score: 1

      So it all comes down to the fact that this is mostly Microsoft's fault? Imagine that. :) After all, they do have the primary share of the browser market. Let BT sue them.

      --

      Most people would die sooner than think; in fact, they do.
  75. Amicus brief? by Anonymous Coward · · Score: 0

    Would Slashdot / OSDN like to file an amicus brief pointing out the prior art and general stupidity of this?

  76. This is redundant by RICE_BOY_TYPE_R · · Score: 0

    Just checking if it has been 72 hours yet...

    oh yeah, one more thing
    NOS!

    xoxo

    --
    I live my life one quarter pounder at a time -Vinh Diesel
  77. I approve of THIS patent by Anonymous Coward · · Score: 2, Insightful
    Why?
    • It's so ridiculous that it should make people think
    • It's owned by a non-U.S. corporation. This should make the traditional patent-mongering U.S. corporations think
    • It shows exactly why the whole idea of software patents hurts society instead of helping it
    So, I wish BT the best in their pursuit of royalties for this one - it can only hasten the end of this whole embarrassingly silly fiasco.
  78. Sounds like an interesting article by craigeyb · · Score: 2, Funny

    Sounds like an interesting article, but I didn't click on the link to read it for fear than I was infringing on somebody's hard earned patent.

    First I had use lynx so that I wouldn't inadvertantly see any GIFS, but I suppose now I'll have to find a text-based browser that doesn't show any hyperlinks as well.

    --

    Social Contract? I don't remember signing any Social Contract!

  79. If only... by Anonymous Coward · · Score: 1, Interesting
    It would be one thing if their 'innovation' had actually ended up in something useful being done. IE: if they had never come up with it or patented it, would it have changed anything??? Have they actual created any value in the world?
    The answer is clearly no. (They discovered that they had the patent...)

    Please, pretty please, if in the distant future any of you come across someone who was involved in deciding to move ahead with actions like this, whether they are former managers, lawers, etc etc, please, give them a F****NG earful!

    It's too bad big companies weren't lead by real leaders. Real leaders would see this for what it is, gang up, and drive BT into the ground.

    "Hey Larry(1), this is Bill(2). Have you seen the BT hyperlink thing? Yeah, me too. I've got a few million to throw in the pot to intervene in the case. How about you? -- Great! Have your people call my people. -- Now you call Scott(3) and I'll call Ted(4) and Steve(5), and we'll crush these worthless leaches."
    (1) Elison
    (2) Gates
    (3) McNealy
    (4) Turner
    (5) Case
  80. Patent Death Pool (Mutually Assured Destruction) by Lonath · · Score: 3, Insightful

    On the bright side, if things ever do get too bad for programmers...I am sure that it would be possible to get 20000 people to donate a few thousand each to start a patent pool. Not a patent pool for allowing OS/FS software, but a patent death pool to kill off all software development in the entire nation. Just look at the patents being awarded today and patent around them with as much generality and depth as possible, and in a few years noone will be able to move.

    The nice thing about patents is that it works both ways. Yes the trolls and extortionists can stop the little guy, but if enough little guys get together, we CAN get enough patents to stop everyone else. No cross-licensing, no licensing period. Just stopping progress. But wait, there's more. Since patents can only be used to stop someone from doing something, and since this plan wouldn't need to be implemented unless software development is impossible, they can't sue you for patent infringement because you already aren't doing anything! (Because as we all know, writing software and getting software patents are two activities with "softare" in their descriptions, but are totally separate things!)

    Sure, the courts might throw these patents out, but since patents are given to individual inventors, how can the courts just arbitrarily decide to say that these certain people cannot enforce their patents? Would they say that anyone who got a patent using PDP (Patent Death Pool) money cannot enforce their patent? That wouldn't be very nice. Also, you can stop someone else from using your patented idea, even if you have no intention of using it yourself! :)

    Hopefully, the rest of the world would then ignore software patents and charge ahead as we in the US just stagnate. Then people in the US might wake the fuck up and force Congress to get rid of patents on uses of machines.

    But, then again maybe not...but at least the rest of the world would be going on ok. :)

  81. UID Discrimination? by Royster · · Score: 2

    Hell, I'd expect better from someone with a UID > 20000.

    What do you have against low UIDs?

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    1. Re:UID Discrimination? by FFFish · · Score: 2

      20000 is a low UID? Pshaw!

      --

      --
      Don't like it? Respond with words, not karma.
    2. Re:UID Discrimination? by ZxCv · · Score: 2

      Yah, I'd say it's gotta be <7000. ;-)

      --

      Perl - $Just @when->$you ${thought} s/yn/tax/ &couldn\'t %get $worse;
    3. Re:UID Discrimination? by Grax · · Score: 1

      Personally I don't trust anyone with a UID > 6132
      :)

    4. Re:UID Discrimination? by Hal-9001 · · Score: 1

      Wow, you must be really unsure about anything you say? ;-)

      --
      "It take 9 months to bear a child, no matter how many women you assign to the job."
    5. Re:UID Discrimination? by troc · · Score: 2

      Low UIDs are overrated

      Troc

      --
      Troc's dubious podcast and blog: http://www.trocnet.net
    6. Re:UID Discrimination? by FFFish · · Score: 1

      LOL. Thx for going along with this. I wonder if we'll see a 1000 UID. 100? :)

      --

      --
      Don't like it? Respond with words, not karma.
  82. Uhh, how about prior art from the 1940s? by Anonymous Coward · · Score: 0
    IIRC, Vanavar (sp?) Bush talked about having a global, hypertextual web of information in the late 1940s (48?49?), which is discussed somewhere in Brook's Mythical Man Month I think (or maybe it was Levy's Hackers, I've been reading both in the past few days and they are starting to blend together). Even if he didn't patent anything, his writings are a part of public record. When is BT claiming their patent is from again? ;-)

    OK, I actually found some substantive evidence:

    • An academic paper segement talking about hypertext, which contains a reference to:
    • As We May Think by Vanavar Bush, Atlantic Monthly, 1945. Credited in the academic piece as being the first mention in print of hypertextual documents (and you sort of have to have a hyperlink to have a hypertext).
  83. BT - A modern stone age famileee by arthurascii · · Score: 1

    BT must have a whole department working out new ways to appear clueless. It would be funny if they weren't crippling the UK's digital infrastructure while they did it.

    They've delayed the roll-out of DSL for years, and now charge nearly double what a comparative service goes for in the US. And a BBC investigation uncovered their deliberate throttling back of DSL speeds to some customers getting the full benefits of the bandwidth.

    My fave recent clueless tip from BT is the useful info nugget that .404 errors can be connected to eventually. Perhaps they do have some useful technology up their sleeves ;-)

  84. Prior Art by Anonymous Coward · · Score: 1, Informative

    Between Xanadu and other hyperlinking systems of the 60s and 70s, I can't see this as enforceable. And it's an obvious product of the combination of markup and references (you know, like footnotes). I seem to remember something in patent law that blindingly obvious things can't be patented (don't remember the exact description of this, and too lazy to look it up).

  85. *Whap* Stupid Company! by Anonymous Coward · · Score: 0

    Don't you wish you had a stick you could hit corporations with...

    *Whap!* Bad British Telecom! No Patent!
    *Whap!* Bad Amazon! No One-Click!

    The person who invents the corporate-whapping mechanism will become my one true personal hero...

  86. But why target ISP? by dnoyeb · · Score: 1

    hyperlinks are part of html or sgml. They are not part of http. So what does an ISP have to do with anything? Its the webhosts they should go after since its the web thats the only infringing item. email, FTP, telnet, etc. are all fine. Seems stoopid to sue the ISP, I wonder what they are really trying to do. Think the CEO is selling his company short? he is certainly trying to run its image through the ringer.

    1. Re:But why target ISP? by ethereal · · Score: 1

      Well, when you think about it, you can only infringe on a patent by making and distributing a particular technology that's patented by someone else. It's really only Web technology vendors that should worry, IMHO. It's not my problem if Netscape infringes on some patent, and it's not my ISP's problem if some web site's server infringes on a patent. BT should be going after Netscape, Microsoft, Opera, and the Apache Software Foundation it seems to me.

      --

      Your right to not believe: Americans United for Separation of Church and

    2. Re:But why target ISP? by RazzleFrog · · Score: 1

      They are suing Prodigy which back in the early days it was ISP, host and content provider.

    3. Re:But why target ISP? by Anonymous Coward · · Score: 0

      A US patent is "the right to exclude others from making, using, [importing], offering for sale, or selling" the covered invention. They probably won't come after you, but if your vendor infringes a patent by shipping their product, you also infringe by using it.

    4. Re:But why target ISP? by Anonymous Coward · · Score: 0

      "Seems stoopid to sue the ISP"

      Prodigy didn't used to be an ISP -- they had a proprietary client-server system that apparently used hyperlinks.

      The article hints that there's some legal debate over the meaning of "remote terminal". I'm guessing they are going after Prodigy because their old system fit that model better than modern Internet-connected systems.

    5. Re:But why target ISP? by ethereal · · Score: 1

      Well I'll be damned. I guess I learned something today. Thanks, AC!

      --

      Your right to not believe: Americans United for Separation of Church and

  87. Go for it by Anonymous Coward · · Score: 1

    Sorry, but I really think that BT has rights to this. Although it does seem somewhat "duh" now, nothing like this was really conceived way back then. And to think that Amazon was granted a patent for their extremely "duh" 1-click idea.. I see that BT's is much more worthy. Go for it BT.

  88. +247, Funny! by Anonymous Coward · · Score: 0



    Al Gore is patenting the internet!

    Wouldn't it be funny if Al Gore tried to patent the internet?

    Al Gore should patent the internet! He invented it, after all!

    Al Gore! Internet! Haha!

    I'm going to patent the internet! Oh, wait! Al Gore already did!

    Internet! Al Gore! I can hardly stand how fucking funny that is!

    BT should check with Al Gore before they sue anyone, because Al Gore invented the internet!

    Al Gore should sue BT! Because he invented the internet!

  89. Linking by jeffy210 · · Score: 1

    Man this is going to suck for people who like to link a lot.

    --
    ------
    "And may your days be long upon the earth."
  90. A "flying machine"? by LatJoor · · Score: 4, Insightful

    "If I patented a flying machine the patent could equally apply to helicopters and aeroplanes even though they are completely different," explains Stephen Probert deputy director of the Patent Office.

    Except that if the patent were for "a flying machine," every court in the world would see through it and realize what a farce it was. In the realm of computers, unfortunately, even such broad idea proposals are taken as some kind of intellectual accomplishment.

  91. Why don't BT just.... by Anonymous Coward · · Score: 0

    ...sell the patent to Microsoft? ;-)

  92. Barratry by Anonymous Coward · · Score: 0

    Barratry:

    N. The act of instigating groundless lawsuits

  93. counter them with more patents by liquidsin · · Score: 1, Redundant

    If they push to get this through, I say we get Al Gore to nail them for using 'his' internet to build their technology without paying licensing fees or royalties.

    Oh, and be sure to mod me 'redundant' for this comment, too.

    --
    do not read this line twice.
    1. Re:counter them with more patents by Anonymous Coward · · Score: 0

      -93, useless moron

  94. AYHABTU by satterth · · Score: 1

    All your Hyperlinks are belong to US !

    /satterth

    --
    Being called a dork on Slashdot must be like being called the retard in special ed.
  95. Message from British Telecom by Anonymous Coward · · Score: 0

    Dear Timothy and the rest of Slashdot/Andover/VA,

    Due to our patent on hyperlinking, and the fact that you hyperlinked to a story about this patent (we noticed many other hyperlinks on your page, as well), we are taking you to court.

    Before settlement is reached, pelase remove all hyperlinks from your web page. Until a royalty settlement is agreed upon, it's tough-titties for you.

    Sincerely,
    B.T.

  96. Who will they sue... by rnturn · · Score: 2

    ...after they're done with Prodigy? Individuals who have web sites or the ISPs that host them?

    Since the US patent expires in 2006 and it'll probably be some time after that broadband becomes widely available in the U.S., I guess that most of us that have ever thought about hosting their own web sites will be safe, eh?

    BT has been a pain in the keister for a long time. I had the unfortunate experience of having to deal with them about ten years ago when my employer was setting up EDI. They were a pain then and, apparently, haven't gotten any better. Geez, the arrogant comments made by the BT CEO would make me want to switch from them as a supplier even if their service didn't rank near dead last.

    Let's hope that what ever judge hears this case, is astute enough to recognize prior art when s/he sees the Englebart tape. And if s/he does, I'd just love to hear the exchange between the judge and the BT lawyers as they try to wangle a case for the originality of their patent claim. Can Prodigy load the gallery with people to snicker and roll their eyes when BT laywers present their arguments?

    --
    CUR ALLOC 20195.....5804M
  97. just like emoticon debacle by dubiousmike · · Score: 1

    at least Despair's patent dispute for emoticons was a joke. I thought we kicked British butt out of our economy a long time ago.

  98. I just read the patent... by Anonymous Coward · · Score: 0
    I just read the patent, and here are a few observations...
    1. 1. The patent specifically specifies a "telephone network", and use of a modem. (which is why they're not suing the W3C)
    2. The patent specifically states use of a a "terminal aperatus", stating not a "traditional computer terminal".
    It also lays out a plan for non-crt use via alphanumeric display and keypad. No mention of a mouse.

    There are some other vague points in there, but I believe the patent is practically invalid due to the fact that it was built around technology available in 1976. Technology has grown so rapidly that this patent is nearly garbage today.

  99. That Does It by Anonymous Coward · · Score: 1, Funny
    I'm going down to the Boston Harbor right now and dumping all of my British bound packets right into the water.

    That'll show them!

  100. Is there no end to their inventiveness? by arthurascii · · Score: 1

    I forgot to mention.

    BT also claim to have invented WAP

    1. Re:Is there no end to their inventiveness? by arthurascii · · Score: 1

      I forgot to mention. BT also claim to have invented WAP

  101. How long would that take? by MainframeKiller · · Score: 1


    cat TheInternet | sed s/http/bthttp/g > TheBTInternet


    *bthttp (British Telecom Hypertext Transfer Protocol) is a registered trademark of British Telecom

    --
    http://www.club977.com/ - The 80's Channel!
    Your source for commercial free 80's music!
  102. Plato was doing it about 1970's by thbigr · · Score: 1

    Has any one out there used Plato? This was my intoduction to computers in the mid 70's. It had document links just like a hyperlink. I don't think they were called "hyper-links", but the concept was the same.

    --
    Come the revolution, the Bourgeois, Capitalistic, "A PARKING STICKER HOLDERS", will be first against the wall!
  103. No money for the proles by rrgmitchell · · Score: 1

    Back when BT first mooted this (about a year, 2 years? ago) the British Guardian newspaper ran an interview with the BT engineer, now retired, who recommended the idea back in the '80s and, IIRC, wrote up the patent docs. He never made any money out of it, except for a tiny bonus cheque (of the order of about twenty UK pounds) that they gave him.

    1. Re:No money for the proles by rrgmitchell · · Score: 1

      Correction: the engineer received only ONE pound for his work, and that was only because US law stipulated that he had to receive something. His name was Desmond Sargent, and he still has the two 50 penny postal orders. See this article

  104. Gasp for air... by Anonymous Coward · · Score: 0

    All prodigy needs to do to get out of this is just stall for a year, maybe two. BT won't last that long.

    BT are nearly bankrupt with billions of pounds in debt. How are they trying to deal with this? They sold off their overseas investments, for one. Their profitable overseas investments (as opposed to their highly unprofitable UK phone service). The only thing they've got going for them is BT Wireless which brings in huge revenues, primarily because the UK is entirely mobile-phone crazy. Sending text-messages seems to be the national obsession. Of course, they've spun that off into a seperate company.

    The local loop is bleeding them to death. Is this similar to the cut-throat competition that the North American telecoms have come up against over the past few years? Not likely. BT still charge per minute for local calls, as a rule. The competition is so meek, they're hardly noticable.

    What's the problem then? Incompetance. Both managerial and technical incompetance on a grand scale in every department, at every level. Would anyone be sad to see them go? They've spent years trying to enforce the status quo and crush new technology to maintain their monopoly (you thought Microsoft was bad? Hah!), and bear a significant responsability for the slow uptake of the internet in the UK. No, not many people would be sad to see them go.

    It all comes back to this, though. They're so desperate for cash right now, they'll try anything.

  105. Al Gore! by Anonymous Coward · · Score: 0



    Al Gore is patenting the internet!!

    Wouldn't it be funny if Al Gore tried to patent the internet?

    Al Gore should patent the internet!! He invented it, after all!

    Al Gore! Internet! Haha!

    I'm going to patent the internet! Oh, wait! Al Gore already did!

    Internet! Al Gore!! I can hardly stand how fucking funny that is!

    BT should check with Al Gore before they sue anyone, because Al Gore invented the internet!

    Al Gore should sue BT! Because he invented the internet!

  106. BT are in MAJOR debt! (Some interesting info) by SomethingOrOther · · Score: 2

    BT are in a shitload of debt and the managers have been told to screw every last penny out of the consumers.
    How do I know?
    Because BT made a major cock up with its internet billing over a year ago and gave some customers free internet access.
    BT are now trying to claim back money from users who surfed for free, even though BT legaly havent got a leg to stand on.

    They are hopeing that customers will just give in and pay money they dont legally have to by being heavy handed. Have a look at this BBC news article for details.

    --
    Anyone quoted by a reporter knows how little they understand
    Don't believe what you read is the truth.
  107. Re:Prior rights to hyperlinks - from old /. articl by Virile+Garbageman · · Score: 1

    Along the same vein I cant believe Xerox hasnt made a stink about this. You think they would have learned their lesson after not screaming about the mouse, GUI, etc . . .

    Xerox is busy going after Palm (USR) over Graffiti, so it appears that maybe they have learned their lesson.

  108. Why this is good news by Anonymous Coward · · Score: 0

    It's about time BT tried to enforce this patent. This is good news. Prodigy is a big company that can afford the legal resources to defend itself against this ridiculously absurd patent.

    I expect that it'll be an easy case for Prodigy. And once Prodigy wins, the patent will be null and void. This is good for all of us, because it means that we can all go on our merry way developing and using web products. If BT had selected first target that didn't have the bucks to hire good lawyers, the case might have gone the other way.

    Worst-case scenario? BT wins, Microsoft goes to BT for an exclusive license to their innovative hyperlinking technology, and all other developers effectively become legally barred from writing or publishing web software. (Ok, it's a stretch, but worst-case scenarios usually are.)

    1. Re:Why this is good news by mikera · · Score: 1

      I'd much rather that BT won.

      It would be such a farcical result that the whole software/business mathod patent mess will be exposed for the shambles that it it is.

      Then we can scrap the aforementioned dumb laws and get down to building an information economy built around competition rather than lawsuits....

  109. Actually read the patent by Anonymous Coward · · Score: 0

    This first time the story came up, I actually looked up the BT patent. As it turns out, they did not patent the hyperlink as so many people have been flaming. The patent is about hyperlinks over the telephone network. As I recall, the initial news release said BT is only going after the ISP and not sites; this makes sense given their patent.

    The BT patent may or may not stand up, and it may be Good or Evil, these are all up for discussion; but at least flame them for what they are doing.

  110. I'd love to see them win by Phil+Hands · · Score: 2, Funny

    OK, so the patent looks like total nonsense, and they're probably hoping to bully people into settling, but just think what would happen if the won.

    It could pretty much shut down the Web in the USA, or at least severely disrupt it, by forcing people to pay BT tax, or come up with some disgusting work-around.

    Of course, this would not apply to most of the rest of the world, because we still haven't quite given into the lobbying of the WTO and USPO types that want the rest of the world to adopt US patent silliness.

    So briefly we'd have BT holding the USA to ransom.

    Pretty soon after that the public outcry against the USPO might finally reach the ears of enough US politicians, to result in the USPO being beaten up in the manner that they've clearly deserved for years.

    The final result being that people would have their eyes opened to the stupidity of allowing patents on software and business methods.

    So, join the "BT for Web supremacy" campaign today!

    --

    Debian: GNU/Linux done the Linux way
  111. change of syntax by EddydaSquige · · Score: 1
    We've mentioned this one before, but it really looks like they are going to push it. Insane.

    Shouldn't that be inane rather than insane? Someone needs to tell BT to stop their bitch-squealing and try to figure out why they hemorrhage money so that they can fix it, rather than blame it on some other company that "stole" their briliant idea. I'm still not convinced that what they patented even was a hyperlink in the manner that it gets used on the net. Besides, doesn't a company have to use a defend a patent early on or they lose the right to scream foul, especially 15 years latter.

    1. Re:change of syntax by jhylkema · · Score: 1

      What do you expect? They're a government monopoly. Name for me one government monopoly that doesn't offer crappy and expensive service while hemmorhaging money, UK or elsewhere.

    2. Re:change of syntax by t_allardyce · · Score: 1

      Name for me one government monopoly that doesn't offer crappy and expensive service while hemmorhaging money

      Microsoft

      rofl :)

      --
      This comment does not represent the views or opinions of the user.
  112. Ban on Conkers by Anonymous Coward · · Score: 0
    one of the ads is about a boy who injured his sight. He was playing conkers in a council owned park. They sued the council for allowing children to play conkers there (since it's dangerous)
    so the council lost some money (some to the boy, more to the lawyers) and they put up a sign banning conkers and raised the local tax ever so slightly.

    For merkins: conkers is a game played by hitting chestnuts on a string together to see which one breaks.

    Alternative approach is New Zealand's ACC (accident compensation) which has a shopping list of money-for-injuries, with no blame attached to anyone (negligence is a criminal offense separated from compensation). Of course that has its own problems too, but at least the lawyers don't get their huge cut.

  113. Why doesn't BT just give up? by Anonymous Coward · · Score: 0

    Their tactics were as unethical as an ex post facto law, but it's the other way around, chronologically. Here, they were creating a patent before a system could be invented to run the subject of the patent. I think that there should be a rule for new patent applicants that the subject of the patent in question should be demonstrated somehow, be it a prototype or otherwise. If a rule like this already exists, then I'd at least be happy for that.

    1. Re:Why doesn't BT just give up? by Oswald · · Score: 1

      There is no such rule. Many patents have already been issued for perpetual motion machines and other stupidities.

  114. Stupid, stupid... by Amazing+Quantum+Man · · Score: 4, Insightful

    BT doesn't even know how to do it right...

    You're supposed to go after a small fry evil hacker first, so as to set a precedent.

    Instead, BT is going after Prodigy, who is owned by SBC, one of the three remaining "Baby Bells", who certainly has enough ca$h to defend themselves properly.

    P.S. No offense to Mr. Corley or 2600 with the "small fry" remark. It referred strictly to company size/resources.

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  115. I patented your mom and dad by forged · · Score: 1

    You owe me $10 for every advice your mom's ever given you. Oh, that's $50 if it was good advice.

    Ludicrous :)

  116. Come on, bar codes by Anonymous Coward · · Score: 0

    were patented by some guy in the last 5 years (he applied in the 60s) and he was going after the big users, e.g. Ford etc.

  117. settlements do _not_ establish precedent by bracher · · Score: 1

    All fine and good, except that settlements do not establish precedent. Court _decisions_ do. In any future case, the court will look for similiar case law. If BT is really attempting to establish a precedent that they can use to go after bigger fish, the will _not_ accept a settlement offer, no matter how small or big.

    - mark

  118. HyperCrap by Anonymous Coward · · Score: 1

    I thought Al Gore invented the internet!
    I'm so confused!

  119. Re: If they win... by rnturn · · Score: 3, Funny

    Why mess around with around with FidoNet? Why not just go back to using uucp and start an underground Usenet. Might be fun.

    --
    CUR ALLOC 20195.....5804M
  120. How about my pager? by Anonymous Coward · · Score: 1
    From the patent abstract:
    Informaton for display at a terminal apparatus of a computer is stored in blocks the first part of which contains the information which is actually displayed at the terminal and the second part of which contains information relating to the display and which may be used to influence the display at the time or in response to a keyboard entry signal.
    Hmm, does this also apply in the case of a pager (e.g. less) showing a page of text and presenting the opportunity to press "space" to go to the next page? Doesn't a lot of computer/human interaction
    follow this scheme?

  121. Quite frankly... by kindbud · · Score: 3

    I'd love to see BT prevail, if only for the sheer entertainment value of it. Can you imagine? Maybe this is just the sort of thing that is needed to give patent reform a kick start. But it'd be great fun to see Jeff Bezos have to pay royalties on his one-click hyperlinks. Snicker.

    --
    Edith Keeler Must Die
  122. Discovered?? by Anonymous Coward · · Score: 0

    "Last year, BT said it had discovered that it holds U.S. patent 4,873,662"

    Why do I have a mental picture of Jed Clampett in my head right now?
    "Look Ma, We done found a hyperlink patent!"
    "Well, Goll-y!"

    Seriously though, you don't just "discover" that you have a patent, you wait until the sucker is approved then try to figure out the most strategic way to get money with it. I am so sick of these patents anymore.

  123. Nothing to do with English law... by Anonymous Coward · · Score: 1

    BT don't have a patent on hyperlinks under British law, because, under British law, you can't patent software...

    Sensible, that.

  124. "the Sky's the limit" by nhavar · · Score: 2

    "Newsflash: British Telecom to patent 'Electronic' Dewey Decimal system. When asked how this would differ from currently used technology BT's chief technologist said 'It won't'. When asked why this shift in development strategies BT responded: 'After the success we had patenting the hyperlink(tm) we, with advice from our counsel, decided it would be best for our shareholders and consumers alike to agressively pursue similar strategies. We have a whole host of products in development right now taking old world technology and bringing them into the future. These products include the modernization of the book 'index', 'footnotes', and 'bibliography' which will be retroactive to existing products of course. We also have a little known project concerning printed money and how to modernize it. Of course once all the research is done we will agressively pursue anyone using our technology unlicensed. We stand to make billions from the thousands of pounds worth of research we are doing. Even if the courts say we can't 'legally' keep the money from companies we negotiate with, just temporarily having it is enough to boost our stock price to the point where our executive board can sell and retire in luxury.'"

    --
    "Do not be swept up in the momentum of mediocrity." - anon
  125. gnu.org by Anonymous Coward · · Score: 0

    Is gnu.org gonna remove all hyperlinks from their pages and put up a message "No hyperlinks due to patent problems"

  126. The "Ford XP" does exist... by Dikarika · · Score: 1

    its usually called the "Ford Pinto". ;)

    --

    Peace, Love, Games
  127. Prior art in 25000 B.C. by mypalmike · · Score: 1

    When Unga the caveman first thought about a distant location, then went through the process of going there, he created the hyperlink. Or at least, if he had the foresight to patent it, he could have vaguely worded such a patent to cover all concepts regarding thought and movement.

    --
    There are 0x40000000 types of people: those who understand 32-bit IEEE 754 floating point, and those who don't.
  128. Prior Art - Ted Nelson/Xanadu Vannevar Bush/Memex by ngr8 · · Score: 2, Interesting

    Played with hypertext for laboratory information systems in the mid-1980s, and for prior art, *I* leaned upon Ted Nelson's ComputerLib/Dream Machines http://www.xanadu.com as well as earlier cites for the mechanical Memex system proposed by Vannevar Bush (not dubya) in work cited in "As We May Think" in the Atlantic Monthly http://www.theatlantic.com/unbound/flashbks/comput er/bushf.htm

    Althought it may be an urban legend, there's supposed to be a patent for playing with a cat with a laser - all things are possible. The patent office hasn't *exactly* had enough cycles to deal with the issue of bona-fide new inventions versus poorly researched claims.

    But given a lot of other history, BT is probably safe from worstening its public relations image with this boner ;-)

    --
    Verizon: Latin for "poor rural service".
  129. It's Patently Absurd... by Anonymous Coward · · Score: 0

    Let's hope they win...that way the patent system will be exposed once and for all for the absurdity it is.

    Face it, had patents like this been enforced when the 'Net took off, there would have been no .com revolution.

  130. I invented masturbation.... by Anonymous Coward · · Score: 0

    And all you fuckers owe me a LOT of money!

  131. Re:Prior rights to hyperlinks - from old /. articl by good-n-nappy · · Score: 1

    Just curious why everyone is referring to Xerox in the posts about this story.

    Engelbart was at SRI. I'm pretty sure Ted Nelson wasn't at Xerox either - he's at Keio University now. And Vannevar Bush was way before PARC's time.

    Anyway, just curious.

    --
    Never underestimate the power of fiber.
  132. Depressing quote from UK patent office: by tempshill · · Score: 4, Insightful

    The deputy director of the UK patent office is quoted in the article as saying, "It seems ludicrous that a patent for one technology can cover another but patents are anything but precise and are meant to cover things that aren't yet invented."

    Patents are meant to protect useful inventions! Which HAVE been invented! What a sad commentary that this guy has lost sight of the whole idea and has caved, and simply accepts the current state of what patents have *become*.

    1. Re:Depressing quote from UK patent office: by TACD · · Score: 1
      Perhaps he means that they are meant to be able to protect against big companies stealing small people's ideas and changing them *just* enough to avoid the patent and thus make millions.

      But probably not. :(

      --
      Security through promiscuity is no better than security through obscurity.
  133. OT but Related: Patenting Salted Fries by TheMatt · · Score: 3, Interesting

    As I said, offtopic but not quite. A British company is trying to patent salted chips, or fries, as we USAns know it. The group, ActionAid, is trying to point out the stupidity of modern foods patent laws. Their announcement is here.

    --

    Fortran programmer...oh yeah. Array math for life!

  134. Countersuit by Anonymous Coward · · Score: 0

    Yeah, and I invented the concept of Patent Lawsuits(tm), so everyone who's ever filed one will have to pay me royalties.
    :-)

  135. BT - A pathetic and desperate company by GLevangelist · · Score: 1

    I'm not surprised that BT is doing this. They are, after all, £8,000,000,000 in debt. As far as they're concerned, they *have* to win this.

  136. They must be sniffing glue by checkitout · · Score: 1

    If they were at least semi-intelligent, the would have simply claimed they invented it, taken the notoriety for doing so and left it at that. Then they would be in publications left and right, and would have a much happier bit of history associated with their name.

    Instead, they're effectively challenging their own claim, looking like bad guys and will surely lose in any reasonable court of law.

  137. Anti-BT sites by Anonymous Coward · · Score: 0

    Maybe BT is the Micro$oft of phone companies! Here are some of the many hate sites:

    BTOpenwoe http://www.btopenwoe.org.uk/
    BTHateWorld http://www22.brinkster.com/bthateworld
    BTOpenpants http://www.btopenpants.co.uk/
    Monopolist http://monopolist.co.uk/

  138. So what by t_allardyce · · Score: 2

    who cares if they patent links? i will carry on clicking links, you will carry on clicking links. People will still make browsers, people will still make web-sites with links. Who is going to enforce royalty payment on hyper-linking? I copy CDs, pirate everything in site and click links all day long. No-one is going to arrest me.

    Just like the stupid _American_ companies that patent 'rice' or 'breathing air as a hemoglobin transfer function' what do i care? And those farmers who are being sued because patented GM seeds blew onto their land and they didn't kill them in time. Screw patents, screw capitalist pigs who make billions on a couple of ideas. IMHO everyone should get credit for their work, but they shouldn't be able to restrict what other people do with the same ideas.

    --
    This comment does not represent the views or opinions of the user.
  139. Thanks British Telecom! by John+Pfeiffer · · Score: 1

    With all the BS I've endured lately I needed a good laugh! Thanks BT! :D

    --

    Friend: "The NIC is misconfigured..." Me: "No prob, I'll just telnet in and fix it." *Silence*
  140. BT should be modded down as a TROLL by mekkab · · Score: 1

    Whatever. Good or bad, this is publicity.

    This whole article, the whole court case,
    is the biggest example of TROLLING...

    never mind Vanevar (sp?) Bush, nor prior art.

    So this is what happens when trolls grow up and get knighted...

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  141. What about Gopher? by farrellj · · Score: 2

    I guess you don't remember gopher? Although, in a lot of ways, Gopher + graphics ~= WWW.

    ttyl
    Farrell

    --
    CAN-CON 2019 - Ottawa's only book oriented Science Fiction Convention! October 18-20, Sheraton Hotel, Ottawa, Canada h
  142. Alienation is a personal, not business, value by swb · · Score: 2

    Alienation is a personal value, not a business value, and typically doesn't matter in most business situations. There *may* be a place for it in personal relationships tangental to business (ie, salesman/customer).

    But I don't think that Microsoft the company is ever alienated. Certain people within Microsoft may allow themselves to be manipulated into feeling this way, but the smart ones remember that the goal is making a profit, and as long as you do well at that personal emotions don't count for much.

    1. Re:Alienation is a personal, not business, value by ignorant_newbie · · Score: 1
      Alienation is a personal value, not a business vaue, and typically doesn't matter in most business situations.

      have you ever read a balance sheet? you'll typically find an asset called "good will". good will is the monitary value of your clients liking you, your product name, whatever.

      in any buisness that has people as customers, the good will of those people is important.
  143. Obvious Prior Art by Anonymous Coward · · Score: 0

    I'm surprised that no one has brought up Ted Nelson's hypertext project (xanadu). He was talking about hyperlinking since the early 60s.

  144. Re:Harassment as a business model - BT's sunk by MidnightLog · · Score: 1

    ... they're patenting the idea of computers providing an easy to navigate function to arbitrarily reference, and allow you to go to another machine. Sounds like on-site linking isn't covered by this patent, but any link to another website is.
    After reading the text of the patent, I have to disagree. They patented the idea of using (dumb) terminals which are simpler than a regular computer to access information on a central computer. You are right that on-site linking isn't covered by this patent, but I don't think that links going from one server to another is covered either. The patent repeatedly says "a central computer". They also specify that each block of information is divided into two sub-blocks. One of data and the other consisting of formatting, program instructions, and addressing information. They don't say anything about mixing it all together in one document. In fact, they don't say anything about documents at all. Its all "blocks of data". I didn't see anything about selecting links either, its all about entering keywords.

    I don't see how BT has a prayer. If you look at the specifics of the patent its not about hyperlinking or the Web. If you generalize the patent enough so it covers hyperlinking, it could be describing any remote access to a file system.

    --

    To understand what's right and wrong, the lawyers work in shifts ...

  145. Not Insane by rjamestaylor · · Score: 2
    • Insane.
    No, just a long-shot bet. Look, they already employ the lawyers so it's not a big expense to push this and all they need is ONE out-of-court settlement to set the precedent (think about Toshiba and the faulty floppy drive fiasco or Texas Instruments, I believe, and RSI). And, when one considers the pervasiveness and commercial reliance on hyperlinking today...the financial payoff would be HUGE.

    Opportunistic? Yes. Repugnant? To the high heavens. Insane -- hey, can't blame them for trying.

    --
    -- @rjamestaylor on Ello
  146. Different Industry by virg_mattes · · Score: 2

    > In the US, as long as it is ion a different industry, and can not be reasonably mistaken for earlier trademark (i.e. not a similiar product, service, or device) you can have previously owned trade mark.

    BT considered this, and it was addressed in the argument of fact in the case. Their claim was that since Sun's YP was an online search process (albeit not for phone numbers and such), that it would be confusing if BT ever wanted to put "the Yellow Pages" online.

    Virg

    1. Re:Different Industry by rifter · · Score: 1

      oddly, us phone companies have yellow pages and also publish them online without such trouble as sun had...

  147. which, unfortunately... by shaldannon · · Score: 1

    ...is more than we can say about your father. Bummer.

    --


    What is your Slash Rating?
  148. And in related news... by A+Masquerade · · Score: 2

    our chips (what the americans call fries, but different) are being patented and chip shops will be charged a per-chip royalty.

    Ain't it great the way we get all the good ideas from the colonies...

  149. Prior use: Tora by Anonymous Coward · · Score: 0

    that's 3000 years old and it has hyperlinks
    the patent obviously won't hold

  150. patent THIS! by robstercraws · · Score: 1, Funny

    Is it too late to patent the middle finger gesture? ;-)

  151. This should kill BT's case? by kjeldsen · · Score: 1


    Frequently-used codes are mnemonic, so that he seldom consults his code book; but when he does, a single tap of a key projects it for his use.

    A special button transfers him immediately to the first page of the index. Any given book of his library can thus be called up and consulted with far greater facility than if it were taken from a shelf.

    Copyright © 1945 by Vannevar Bush. All rights reserved


    http://www.theatlantic.com/unbound/flashbks/comp ut er/bushf.htm

    1. Re:This should kill BT's case? by kjeldsen · · Score: 1

      forgot this:

      This is the essential feature of the memex. The process of tying two items together is the important thing. When the user is building a trail, he names it, inserts the name in his code book, and taps it out on his keyboard

  152. Hmm... vague patent descriptions... by DiamondWing · · Score: 2, Interesting
    Doing a quick search, doesn't the concept of a HyperCard system with key words/phrases linking to other cards/pages predate the link patent in question?

    Looking at the text of the Patent itself... for item #5, where they describe terminals as apparatuses for providing access via telephone lines. Doesn't that then negate the "terminals" which don't use telephone lines?

    So my PC which uses EtherNet via wireless networking or via Cat-5 cabling which I wired myself is then not inclusive in the patent's description of a "Terminal" and can thus use hyper text linking without stepping on the patent in question.

    Or line-of-sight from building to building IR/Laser data transmission which is not provided for or maintained by a Telco and so is not a "telephone line".

    As the patent doesn't go into details of what they mean by "telephone line", I think that provides a pretty big hole in their coverage. I can see how it might cover dial-up users, but for other line/wireless/etc users, it becomes exceedingly grey/black.

    I do find one interesting thing about the description of the invention in the Abstract:

    "The invention is particularly useful in reducing the complexity of the operating protocol of the computer." (From Abstract of Patent #4,873,662 of te US Patents Office)

    If anything, I would say that implementing the click-links/HTML/etc protocols has made the operating protocols of the computer even more complex, not any easier.

    Pot-Shot-Summary:

    What I got out of the patent text was that:

    Any terminal/computer/etc connected not through telephony lines is exempt from the Patents.

    Any terminal system which does not show the various charges and/or accumulation of charges is exempt from this patent as the patent covers systems which primarily deals with listing charges for services and the accumulation of them.

    Guess another question would be: How would BT enforce this? The technology is so prevelant on the web that to remove it all, would not be financially sound to BT itself.

    But then again, it doesn't seem like they really care about what people think about them or who they shove out of the way or trample on so long as they get their money.

    Though I do wonder... some more text taken from the patents text:

    "This is a continuation of application Ser. No. 814,922, filed 7/12/77, now abandoned." (US Patents Office excerpt from Patent #4,873,662)

    What does it mean that this is a continuation application? And what does it mean when for the child patent when the parent patent has been abandoned?

    Hmm...

  153. Intersections by ehiris · · Score: 1

    It's the same thing as if a company would try to claim a patent on street intersections.

    If you want to make a left turn or a right turn to change the street you drive on you would need to pay royalties to the roman empire.

  154. Teach them a lesson by baffle · · Score: 1

    Don't mess with other ISPs. Depeer them. Most peering contracts allows ISPs to depeer without reason.

    That'll teach them a lesson.

    --
    - Baffle
  155. I invented hyperlinking by WillSeattle · · Score: 1

    and it's on file in the Library of Congress in a copyrighted game that precedes the BT patent.

    well, hey, it's as good a claim as theirs, and I did describe it in a rules book I made that is there.

    -

    --
    --- Will in Seattle - What are you doing to fight the War?
  156. Re:BT has done it before... (and achieved zip) by Anonymous Coward · · Score: 0

    Log into linux and type 'ypwhich'. Yep, that was money well spent.

  157. air by Anonymous Coward · · Score: 0

    i invented oxygen. you guys owe me money!

  158. You all seem to be missing the point by Galvatron · · Score: 2
    Does anyone remember what Prodigy used to be like before they were an ISP? It was a totally different service, and may be infringing on BT's patent. It seems that the patent has something to do with keyed in hyperlinks, rather than clicked, exactly as Prodigy used to work.


    While BT may be trying to set up a precedent to collect from other ISPs, this case is NOT about web links.

    --
    "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
  159. It gets worse by Anonymous Coward · · Score: 0

    Another British company is attempting to patent the french fry.

    http://news.bbc.co.uk/hi/english/uk/newsid_18090 00 /1809581.stm

  160. US should block all BT IP traffic by tyrannical666 · · Score: 0, Flamebait

    That should teach them a lesson.

  161. go BT! by Anonymous Coward · · Score: 0

    Hopefully when BT win this (which i hope they do)
    They'll pick up some cash, no longer be in debt due
    to their 3g folly and be able to afford to roll out
    adsl in a few more uk areas other than the places were they face direct compertition from cable companies.

    Oh and i have no problem with wasting US tax payers dollars, and I hope this help BTs share price a bit
    as well. Then they can buy more Marconi kit, improving their share price and my chances of staying employed.

  162. That's ridiculous! by spacefrog · · Score: 1

    Come now, Everyone knows that there is no such thing as a flying machine.

    Next thing, you are going to try and tell us that the earth is round or that you can split an atom.

    Preposterous, I say.

  163. The Prodigy is not Industrial... by Tokerat · · Score: 1

    ...that's like calling Trent Reznor a pop star.

    --
    CAn'T CompreHend SARcaSm?
  164. BT patent by Anonymous Coward · · Score: 0

    I read the patent - its about reverse video on ASCII terminals - just 10 years after everyone was using it.

    BT is Out To Lunch on this one.

    Arrogant Limey Bastards.

  165. Boycott by Fembot · · Score: 1

    I would LOVE to boycot BT however this is impossible given the state of phone "competiton" in the UK currently. They are my ISP since they are the only people who offer unmetered acces in my area at all (and thier definition of unmetered is slightly differnt to mine), and to cap it all they suggest I get ASDL instead. The phonelines here never connect at anything more than 28k (we have DAC on the line). To be quite frank they couldnt run a bath tub let alone a phoneline.

    This is probably some "initative" by the high-up people in BT to attempt to offset that huge amount of money they lost in shares recently.

  166. Time to fight back! by Shoten · · Score: 2

    Let's all come up with all sorts of interesting information to submit to Slashdot about their websites...the resulting DoS of all those sites getting slashdotted will bring them to their knees!

    --

    For your security, this post has been encrypted with ROT-13, twice.
  167. Quick: Raise some cash fast! by Anonymous Coward · · Score: 0

    Sounds if BT is pretty desperate for cash. Maybe they are so desperate that if don't win something soon, they'll be the next Enron!

  168. 'fuck' is a great word by Anonymous Coward · · Score: 0

    Good usage :-) top marks for originality!

    hell.. I'd drop my BT account, but, er.. they have a monopoly over here. No wait.. you mean.. ANOTHER PRIVATISATION GOES WRONG?!!?

    twattish government..

  169. Hey! I'M clinging on!!! by Anonymous Coward · · Score: 0

    to my values.. :-)

    yeah.. greed isn't an american disease, it's a modern disease. It's just that britain is catching up with america.

  170. Re:Harassment as a business model - BT's sunk by Anonymous Coward · · Score: 0

    Perhaps not, but BT's been going through a bad patch recently, they most prob feel they need the money.

  171. shorter patent expirations by sunhou · · Score: 2

    The UK patent has already expired so ISPs in the UK would escape having to pay anything. But in the US, the patent does not expire until 2006.

    Just another example of why patents shouldn't have such long expiration times in the US.

    ... and it's reputation across the pond could be equally damaged by this court claim.

    Damn, I pretty much accept that no one knows the difference between "its" and "it's" on slashdot. But even the BBC is screwing it up now? Aren't the Brits supposed to be good with the language? :-) (Or was that BBC article written by an American?) I swear, I'm getting worn down; if I see this mistake another 50,000 times or so, I'm going to start getting them mixed up myself.

  172. Re:The Prodigy is not^W Industrial... by Anonymous Coward · · Score: 0

    listen to the beats man, then you'll know what industrial really is...remember, industrial is just another urban sub-genre which the Prodigy fit into quite nicely thank you...

  173. Boy, that patent office web site by Scratch-O-Matic · · Score: 1

    That's a nice site, eh? Whoever built that must have known HTML, including forms.

    --


    Evil is the money of root.
  174. KPMG Sux by Magustrench · · Score: 1

    Heh. Now if they get their way (which they can't), they can charge for linking to THEIR site, and everyone will rebel against the suits by linking everywhere. They will get so many site hits and ad revenue... Ingenious. (sarcasm)

    Fucking Lamerz

    --
    Take off every Sig.
  175. ARE BT TRYING TO KILL THE INTERNET? by Anonymous Coward · · Score: 0

    think about it. if we have to pay for every click made on the net, is everyone going to use it??

  176. Even if the patent is OK. by DaemonGem · · Score: 1

    I believe that there are some legal rules about not enforcing a patent. Even if the patent is legal, you can't just wait until billions of dollars in payment builds up, and then pounce. It doesn't make sense, and I doubt it is legal.

    --
    "Alle reden vom wetter. Wir nicht." - SDS Sozialistischer Deutscher Studentenbund.
    j00 4r3 3n73r1ng l337 w0r1d.
    1. Re:Even if the patent is OK. by J.+Random+Software · · Score: 1

      It was legal until very recently. Courts are just starting to rule "equitable estoppel" (basically, you can't do it because it's not fair) against patent holders who wait until an invention becomes an industry standard before pointing out their patent covering it.

  177. BBC not jumping the gun by Mac+Beckett · · Score: 1

    I like the BBC's final comment:

    'See "internet links" for the text of BT's patent.
    There is no charge for doing so."

    They didn't have to add "yet."'

  178. I hope BT wins this by phr2 · · Score: 1

    It looks like there are narrow enough technicalities distinguishing web links from the cited prior art that BT may win it. We need such an outrage to make it obvious that the patent system is broken and needs to be reformed. Otherwise instead of having one big outrage lead to doing our something about the problem, we'll keep having our endless parade of slightly smaller outrages screwing up our lives for the rest of eternity.

  179. The original hyperlink by Anonymous Coward · · Score: 0

    AFAIK, The hyperlink is about 1500 years old.

    Ask any Jewish scholar about the Gmara, or Talmud, and he'll tell you that this is a huge compilation of Jewish philosphy, law, and everything between making love to determining who's right in court (have you seen the movie Yentel?), discussed by generation of Jewish scholars, and finally written down about 1500 years ago. This creation is highly cross-referenced, and on the sides of each page it tells you where the subject is discussed in other parts of the Talmud. So they couldn't just click it and arrive at the referenced page, but the principal is identical, only implemented in paper.

    Beat that, BT.

  180. Read the CNN article by JavaPriest · · Score: 1

    CNN has it too (here), it is hilarious:

    BT tried to persuade the judge to interpret the language broadly for the jury -- to include a computer mouse, for example, as the "keypad" mentioned in the patent.

    "It has keys," BT lawyer Robert Perry said hopefully.


    LOL =:-)

  181. British humor by Woefdram · · Score: 1

    I've always loved British humor. Guys like Hugh Laurie, John Cleese c.s. and Rowan Atkinson can really make my day. But this is so crazy even Monty Python couldn't have thought of anything like this :) This is what I would call Absolutely Fabulous.

    --

    Woefdram, l'apprenti sorcier

  182. Supposed date for the case by Woefdram · · Score: 1

    It may be just an idea, but wouldn't this be a possible April's Fool's Day (or whatever it's called in English) joke? Suppose they're going to court on April 1st...? Wouldn't surprise me.

    --

    Woefdram, l'apprenti sorcier

  183. Data Order by Anonymous Coward · · Score: 0

    By what the patent says "stored in blocks the first part of which contains the information which is actually displayed at
    the terminal and the second part of which contains information relating to the display and which may be used to influence the display at the time or in
    response to a keyboard entry signal." Is that not the backwards defininition of a http link anyway?

    If the data to be displayed is frist and the link is second does that not make the our friend "a ref" safe, as the data is second and the link first? :)

    Just a thot. :)

  184. Actually we invented the internet... by Yaruar · · Score: 2

    Well, made pr0n searches on google possible.

    Working for the company that invented real time indexing of information I wonder if this means that we should be suing all the search engines out there.....

    http://www.dialog.com/

    for those bored enough.

    It's stuff like this that makes me wonder why companies bother.

    I think I'm going to go out and patent triple clicking on a mouse as a process just in case....

    --
    Working for the (other) man
  185. Re:Harassment as a business model - BT's sunk by rifter · · Score: 1

    In a recent article in The Economist, they are quoted as saying that indeed this sort of thing is a planned new revenue stream. In fact there are now companies whose sole business is finding patents otehr companies have that might make them revenue by suing other companies and forcing them to pay licensing fees...

  186. Off-topic stuff by Peter+Harris · · Score: 2
    Call me a crackhead whore, but who would want such an anarchaic filesystem?
    I'll call you a poet. "anarchaic" is an excellent neologism. It appears to either mean "not archaic" (good?) or a mix of anarchic and archaic (bad?).
    Give me a formatting of XFS or Reiser anyday. (Or even better; BFS :D)
    Yeah. Oh alright then, you might be a crackhead whore for all I know.
    --

    -- What do you need?
    -- Gnus. Lots of Gnus.
  187. Patenting after the Fact by meggito · · Score: 1

    There is no copyright on the name escalator anymore. Kleenex is coming close to the same thing. They are common, general terms. Why should it be any different for technology? If something becomes common technology you should not be able to patent after the fact. If it gets to the point where everyone is using it without a patent then what right do you have to go back and say that everyone who has developed and built on unpatented technology can no longer use that technology. You need to protect inventors and innovators to a point to encourage them to create. But letting something become a standard and then patenting it after the fact is wrong. You see many companies doing this today, where once something is accepted they decide that they created it and its only theirs. Then they make everyone pay for what others had developed and spread.

    1. Re:Patenting after the Fact by patchezzzz · · Score: 1

      Very good point. Did you notice that the company, allegedly, "found" the patent after the British patent had run out. In the latter part of the article the CEO said they're not worried about the publicity. I wonder if this is a way for free publicity on their part and they're not worried about the patent at all or if the company is in dire financial straits and they were looking for some good sources of capital.

      With any way you look at I think the Second Revolutionary War is being declared and they're just looking for another whupping.

      "Damn the torpedoes, full processor speed ahead!"

      --
      Patche says, "You will attract more flies with honey than vinegar... but who wants flies?
    2. Re:Patenting after the Fact by Anonymous Coward · · Score: 0
      • patents cover novel, useful inventions
      • trademarks cover names and logos used in commerce
      • copyrights cover creative works ("fixed expressions" of them, anyway)
      A copyright can cover a character from a story, but there's no such thing as a copyright on a name. Kleenex is a trademark.
  188. Re:Prior Art - Ted Nelson/Xanadu Vannevar Bush/Mem by Tet · · Score: 2
    Althought it may be an urban legend, there's supposed to be a patent for playing with a cat with a laser

    No, it's not an urban legend. It's US patent 5443036.

    --
    "The invisible and the non-existent look very much alike." -- Delos B. McKown
  189. BT Rules by Anonymous Coward · · Score: 0

    BT will win, you yanks are always suing each other, if its not divorce, or some law suit or other.

    Anyway, who give an fcuk.

  190. VIEWDATA is a red herring by dunstan · · Score: 2

    The enforceable part of a patent is the claims, and the rest of the text is there only to help explain the claims. That's why most patents have quite specific details in the narrative text, but the claims are couched in very general terms.

    The claims make no reference to VIEWDATA.

    Dunstan

    --
    The last scintilla of doubt just rode out of town
    1. Re:VIEWDATA is a red herring by crisco · · Score: 2

      Agreed, in fact, the little information I had time to dig up left me with the impression that VIEWDATA was by BT and may have implemented the items in the patent. The link I posted hinted at another system that was similar, however, I couldn't find any other details on it in the quick searching I did at the time.

      --

      Bleh!

  191. BT Hyperlinking patent does not apply by harmless_mammal · · Score: 1
    BT's patent certainly talks about a form of hyperlinking, but their description talks about how the displayed and hidden portions are laid out in "blocks" with "predetermined addresses".

    Our current form of hyperlink uses free text formatting and there is no blocking involved. We actually have to parse the entire thing to figure out what is displayed and what isn't... A BT hyperlink is structured differently, so their patent doesn't apply to modern HTML code...

    Ha!!!

  192. This is just silly... by Magius_AR · · Score: 1
    We all know Al Gore invented hyperlinks right after he invented the Internet.

    Magius_AR

  193. OT: Asteroids vs The Lottery by some+guy+I+know · · Score: 1

    You're not going back far enough.
    Let's see - number of life forms that have won the lottery over the last 65 million years - less than one million.
    Number of life forms killed by asteroid impacts - erm well that'd be BILLIONS (and that's UK billions, which is American trillions).
    So I'd say that the odds of being killed by an asteroid are considerably higher than those of winning the lottery.

    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana