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SBC Patents Links, Dynamic Pages

Oculus Habent writes "Robert Cringley has an article on a patent that SBC aquired. Patented in 1996 is the concept of linking to dynamic content with a static element of a page. First approaching museumtour.com, a small site, and asking them to obtain a revenue-based license, SBC appears to be trying to set precedent. He goes on to note that SBC is not a villian for doing this - it is after all a valid patent, and that what is needed now is prior art."

20 of 444 comments (clear)

  1. What we really need now by nhavar · · Score: 5, Insightful

    What we really need now is patent reform. Companies should not be allowed to sit on IP while it gains broad adoption and then come back and extort companies in order to generate profits. We've seen too many companies do this, it's unethical, they know it, when are we going to stop them from continuing the practice.

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    "Do not be swept up in the momentum of mediocrity." - anon
    1. Re:What we really need now by qoncept · · Score: 4, Insightful

      How often have you seen a company get what they want out of this? Rambus got screwed (er, what they deserve), I remember something about jpeg compression that was supposedly patented and I don't remember hearing that company got what they wanted..

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      Whale
    2. Re:What we really need now by nhavar · · Score: 4, Insightful

      So not one cease and desist, not one request for monitary compensation, not a "Hi, nice to see you're using our technology", not an entry on a technical site. Nothing in 3~4 years worth of holding the patent and nothing in 6 years since filing the patent. To me that's submarining. While it might be 'legal' remember who gets the advantage in with this part of the law. There should be some clause that the IP holder should have to perform SOME actions during that time to secure the IP. While it's fine to say that they can wait 6 years to file suit they should be doing SOMETHING in that time to let others know who owns the IP.

      Like other commentors said - part of the patent reform would be getting the patent officers to do a proper job. Too much is getting past them and they are leaving it to an already overflowing court system. This leaves big businesses more room to extort via threat of lawsuit. There should also be a mechanism put in place for the public as a whole to submit prior art findings and help facilitate the patent offices job. People are more than willing lately to put a little effort in to get things done right. The patent office is a government facility after all why shouldn't the people be involved in how it oporates?

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      "Do not be swept up in the momentum of mediocrity." - anon
    3. Re:What we really need now by Chris+Burke · · Score: 3, Insightful

      Step 1 is identifying the problem (and the need to resolve it). When smart, well-meaning people fail, it is usually because they don't fully and clearly define the problem before trying to solve it.

      Quietly sitting on stupid patents until everyone is in violation sucks, but isn't exactly a precise description of the problem with patent law. Until we have one, you should be more interested in what's wrong than how to implement patent reform.

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      The enemies of Democracy are
  2. Nope. by Black+Parrot · · Score: 5, Insightful


    > He goes on to note that SBC is not a villian for doing this - it is after all a valid patent, and that what is needed now is prior art.

    No, what's needed now is IP law that promotes innovation rather than blood-sucking.

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    Sheesh, evil *and* a jerk. -- Jade
    1. Re:Nope. by nanojath · · Score: 4, Insightful
      He goes on to note that SBC is not a villian for doing this


      I also beg to differ with this sentiment. Even if I accepted the suggestion that the mere fact that something is legal makes it okay to do, the tell-tale here is their decision to go after some little nobody to establish precedent. Hey, the economy is tough, let's find someone least able to defend themselves and try to squeeze some value out of our bogus intellectual property. "Blood-sucking" is not too strong of a term, though it may be an insult to ticks and vampire bats to put them in the same class as these parasitic scum.

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      It Is the Nature of Information to Transgress Artificial Boundaries

  3. This is assinine by the_Bionic_lemming · · Score: 5, Insightful

    Why not just patent images on a screnn conveying information.

    that way you don't need to specify "buttons" of "frames".

    I think that web pages should be treated as just a novel way to replace a library, and tell these wanna be patent millionaires to take a hike to the nearest cliff.

    Information is information - doesn't matter if it's in a book, newspaper, or a bunch of pixles on a screen.

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    _ _ _ Go for the eyes Boo! GO FOR THE EYES!
  4. 2 patents... by perly-king-69 · · Score: 3, Insightful

    'sfunny but my story on this was rejected over a week ago. Anyhow SBC actually have 2 patents on this type of technology: 5,933,841 6,442,574 both are entitled Structured Document Browser.

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  5. They're not villians... by juggleme · · Score: 5, Insightful
    ...they're just taking advantage of a situation that should not exist in the first place. Right? Right... From the article:

    As I said, there are no villains here. SBC probably came across this patent and realized that it could be the basis of an Internet tax, that the company had a good chance of getting license revenues from millions of web site owners and it is hard to blame them for that. They are, after all, in business to make money.

    The idea that this is corporate greed rights all wrongs is really getting old. The catch all justification of our times. Where is this going to end?

    1. Re:They're not villians... by JimDabell · · Score: 3, Insightful
      The idea that this is corporate greed rights all wrongs is really getting old. The catch all justification of our times. Where is this going to end?

      Probably when publically traded companies aren't at risk of being sued by shareholders who want a return on their investment. It's a little hard to justify ignoring a potential money making asset when you can be slapped with a lawsuit for doing so.

  6. Prior art? by gmuslera · · Score: 3, Insightful

    What about linking to a search engine search results? Infoseek, Altavista or older search engines had the ability to bookmark query results, so there must be some use of that before.

    If that can't be found in "normal" web, probably some results can be found in google groups.

  7. Prior art here is very easy... by OneStepFromElysium · · Score: 5, Insightful

    Both Yahoo! and Amazon (at the very least) were doing this in 1995, well before May 1996. Proving prior art on this patent is trivial.

  8. No less ridiculous... by jackdoodle · · Score: 5, Insightful

    ...than a patent on the human genome, which has been done more than once. (Note, for instance the patent on the genetic material of a member of the Hagahai tribe of Papua New Guinea - patent number 5,397,696.)

  9. It can be stopped... by sm.arson · · Score: 3, Insightful

    Like the article states, any kind of patent can be invalidated by the demonstration of prior art. This particular patent seems a bit too general to be nontrivial when it was filed in 1996.

    The actual fees (starting at $570 annually for a company with a revenue of $100,000) aren't really all that large, though. My website would probably only have to pay $14 a year! But I do understand how this whole patent nonsense is spiraling out of control.

    We can either work hard to prove prior art, or we can work hard to get the IP system restructured. Or we can just shell out the money and be done with it...

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    for great justice, this sig has been moved
  10. Re:Been There Done That by ProfDumb · · Score: 4, Insightful

    Wired had an article [wired.com] last year about British Telephone's lawsuit against Prodigy for violating their patent on hyperlinks. So who really owns this patent?

    No, they tried to patent the very concept of hyperlinking (they failed). This patent is an attempt to patent a particular kind of link. So the prior art needed is more specific. Others on the page seem to have some good examples, but a reference, for example, to "Hypercard" is not enough until you discuss the specific elements of the prior that match up to the earlier patent.

  11. SBC *is* the villan by intnsred · · Score: 3, Insightful

    He goes on to note that SBC is not a villian for doing this - it is after all a valid patent, and that what is needed now is prior art.

    But SBC is the villan. Who cares if they have a patent or not?!

    If the some Nazi benefitted off from the murder of a few million Jews -- can he be faulted? After all, that Nazi had the law on his side! (/. tip: Always bring up Nazis to prove your point -- it works wonders.)

    Morality is based on the Golden Rule. SBC's actions fail this. They used an overworked, clueless patent office to get a patent on a common, obvious process. And now they're attempting to profit from it by picking on a little guy. They not be villans under the laws of capitalism, but that doesn't mean they're not villans.

  12. No villains, eh? by watchful.babbler · · Score: 4, Insightful
    Of course, they're carefully choosing small firms with shallow pockets as their test cases, because those companies won't have the ability to fight the matter in court -- and the more prior decisions on their side, the easier it'll be to squeeze larger players.

    Not that they're bad guys. They're just prosecuting a questionable patent claim against tiny players. I'm still reading the claim, but my first reaction -- and please remember that IANAPL (thank God) -- is that the patent applies to SGML or structured language browsers that have buttons mapped to specific parts of structured documents. In the claim summary:

    One common characteristic of many browsers is that the links to information are presented solely within documents. The links may take the user to other documents or to locations within the same document, but typically, the elements that provide the link control are within the documents.

    Having the control to the information links within the documents themselves is adequate where the documents are short and where the purpose is to obtain information in brief, concise statements. But where a document is long, it becomes difficult to browse the document since the only potential access to other destinations are in whatever part of the document is currently being displayed.

    (Emphasis added)

    So, it seems that webpages, which are themselves documents that contain "links [that] may take the user to other documents or to locations within the same document," seem to be specifically disclaimed by the patent authors.

    Furthermore, from a functional perspective, the purpose of the invention is to allow people to "browse[e] documents according to their structure instead of their contents," whereas a frameset navigation layout either uses links to documents or anchor tags within documents.

    This seems to be a case where the problem addressed by the patent solved itself, and now the patent owners want to squeeze money from a better, but irrelevant, mousetrap (to hack a metaphor to death). Perhaps one of the lurking patent lawyers would care to discuss this further?

    --
    "Freedom is kind of a hobby with me, and I have disposable income that I'll spend to find out how to get people more."
  13. Re:Ridiculous by WPIDalamar · · Score: 4, Insightful

    Right up until Congress decides to treat patents like copyrights and extend, extend, extend!

  14. Patent titles: "Structure Document Browser" by hburch · · Score: 4, Insightful

    The "bold" button does not refer to "sections" of the document.

    However, claim 13 of '574 starts with "a browser for navigating a document". A website is not a browser. It is a document. In fact, the title of both patent '841 and patent '574 is "structure document browser", not "structured document" or "structured document browsing".

    Acrobat Reader's outline view (where it continues to be displayed on the side) to be might infringe. Powerpoint might infringe (browsing the presentation with a list of the slides on the side). Web browsers might infringe because it will render documents with this functionality. However, I do not see how one can objectively construe a website (a set of (possibly dynamic) text files with loose definitions of layout and navigation) to be a "browser", unles the website navigation is writtin in Java (thereby perhaps making it a "browser").

  15. How else could it be done? by rdmiller3 · · Score: 4, Insightful
    "dynamic content from a static link"?

    HOW ELSE COULD IT BE DONE?!?

    What other way could you link to dynamic content? You could use a "dynamic link", but if it was a dynamically generated link then it would itself qualify as dynamic content! So how did you link to that? Must've been (eventually) from a static link, whether on a page or in your browser preferences.

    All dynamic content is traceable to some static link. It's not a new idea, it's a necessary condition!

    This is not a "valid patent". Every dynamic page which existed prior to this patent was prior art.