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AOL Patents IM
ProgressiveCynic writes "CNet is reporting that AOL has recieved a patent on IM technologies. Specifically, any technology that provides "a network that allows multiple users to see when other users are present and then to communicate with them" is covered. While AOL was a leader in this space the patent was only filed in September 2002."
Dumbass software patents...
While AOL was a leader in this space the patent was only filed in September 2002.
The article clearly states that the filing was done in 1997, and the patent was granted in Sept 200.
A patent can be filed "post mortem", as long as the person or entity that files for it were the primary (first) inventor. For instance, if AOL can prove that they invented IM before, say, IRC (circa 1987), they have a case.
Only then.
MIT's Zephyr.
I think you guys missed something: this patent was filed for in 1997, by Mirabilis before AOL acquired them.
For that matter, the patent is not on the chatting, per se, but on monitoring who is on the chat network. That may or may not change anything, but it's not the same as 'write.'
I think ICQ will have a hard time proving that BBSs didn't have the ability to tell you who was online before that, though.
I remember the Galacticomm or Major BBS systems had an instant message type system for their setups... /page Message.
I know I was using it around the late 80's. May not predate unix stuff but it's another prior art. From what I can tell they are still around too. http://www.gcomm.com/
~~ Behold the flying cow with a rail gun! ~~
MIT had an instant messaging service called Zephyr when I was an undergrad there starting in 1989. And MIT's Project Athena, from which the Zephyr service was developed, started in 1983.
-FP
Unfortunately people don't read the actual claims, rather they read the abstract or some other part of the patent and draw conclusions about what is covered from this material.
These conclusions are invariably wrong. What a patent covers is described in the claims, and nowhere else. If you don't read the claim, you don't have a clue as to what a patent covers.
Reading the actual claim in this case, it is quite clear that AOL's patent is not affected by prior art such as BBSs chat systems that don't require a communications network. Nor is functionality like Apple's broadcast because the users are tied to specific machines. IRC also relavant as it does not maintain a list of users that you are interested in talking to, an notify you when they go online.
Following is Claim 1, what AOL actually has a patent on:
What is claimed is:
1. A communications system comprising:
a communications network;
a multiplicity of communications terminals which are connectable to said communications network and which can be employed concurrently by multiple seeking users and multiple sought users to communicate via said communications network, wherein each user is identified independently of a given communications terminal address by a unique identification code predefined for said user, which code is independent of which of said multiplicity of communications terminals that user is employing;
a monitor operative to monitor whether or not a user is connected to said communications network; and
an annunciator operative to annunciate to a seeking user, currently connected to said communications network via any of said multiplicity of communications terminals, network connection status information relating to other users who are in a list of sought users which list includes identification indicia of the sought users, which list is defined by and sent by said seeking user without using verbal requests, and for providing to said seeking user the current network address currently assigned to each of said other users for that other user's current connection to said communications network;
a user communication selector enabling the seeking user to establish communication with at least one sought user on said list.
MIT has had a instant messaging system for years before ICQ came out.
e s/zeph-icq.html
It has been in use in other major universities including Caltech and
Stanford.
This system is called Zephyr.
http://web.mit.edu/answers/zephyr/
http://web.mit.edu/olh//Zephyr/
There is a web page that describes the similarities and differences
between ICQ and Zephyr (and notes that Zephyr came first)
http://web.media.mit.edu/~kkarahal/generals/VSpac
The differences are subtle and probably inconsequential;
I believe the similarities nullify the value of the patent.