Interwoven Patents Code Versioning
webengr writes "It seems like the USPO is pretty lenient when it comes to awarding software patents. CVS has been around for a long time, but now Interwoven has been awarded a new patent covering version control of web assets. The claims include, 'The use of a hierarchical file system and an object repository for representing and hosting content and its structure,' and 'The combined concepts of file history, versioning, comparison, and merging as it relates to content, provide an archive of all individual changes as well as collections of changes so they can be versioned and audited.'"
We all know the awarding of patents has gotten out of control. This is just another example...
Most people would die sooner than think; in fact, they do.
Asleep at the wheel, recklessly driving us all over a cliff of patent infringement lawsuits? Yeah, that's fair.
When will the patent office get a clue? Doesn't *anyone* there make even the slightest attempt to search for prior art? A 5 minute google search should have invalidated this patent.
pertinent info frfom article
Interwoven's U.S. patent (#6505212)
A system for asset management comprised of multiple workareas, each configured to maintain a virtual copy of content as it would appear when published;
A staging area to which content is submitted from multiple work areas and where any conflicts between content can be resolved;
Branches and sub-branches (for different projects or initiatives) that contain individual workareas, staging areas, and editions which allows for massively parallel development on a single platform;
The use of a hierarchical file system and an object repository for representing and hosting content and its structure;
Virtualization of all content regardless of location as well as Web and application servers - this allows contributors to make changes "in context" of the entire site;
The combined concepts of file history, versioning, comparison, and merging as it relates to content, provide an archive of all individual changes as well as collections of changes so they can be versioned and audited.
Always value the individual over the system. --Bruce Lee "I don't need a Sig - I have a custom 191" - me
I'm just wondering if the patent being granted is someone hinged on Interwoven's claim to be the first to do version control for 'web assets' (ie, HTML, images) as opposed to source code.
The fact that there's no technical difference between version control on an HTML file and version control on a 'C' file seems to be the sort of thing that's lost on the patent office.
Heh, I knew my slackerly habits would pay off eventually!
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Nobody at the US Patent office must version control their documents. Maybe thats how patents get awarded so easily?
And in our next story, Microsoft is now widely perceived to be the playground bully of computer software.
There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
"It seems like the USPO is pretty lenient when it comes to awarding software patents." no kidding. the USPO appears, in some cases, to not only be lenient, but to be completely oblivious to the purpose of having patents, as well as having wild interpretations of patent law. software patents, the way that they are currently handled, is incorrect, with regards to the original means that was set out by even Thomas Jefferson himself. to be able to patent compiled binary code, without regards to the source, or ENTIRE details of the mechanism that the software is implying is insane, and will continue to destroy the legal ability to innovate based on derivative work.
I think the patents should be reformed in the following way:
1. Submit the patent idea to the patent office- as a "pending patent".
2. Patent office does a search (web or otherwise) on prior art, billing the individual/corporation that submits the patent at a standard rate. If no prior art is found, the patent office does not bill. The company is able to challenge any claims to prior art. Each challenge to a claim at prior art costs a certain fee.
3. Patent is awarded to the individual/corporation.
Basically the idea behind this is that companies will be charged for their stupidity. It will discourage patents on ideas that are already "out there" (patented or not). At the same time, it will *not* discourage individuals from ligitimate patents as they will be reimbursed for the "prior art search fee".
In addition, the Patent Office still gets its money and they begin providing real value.
Until something like this happens, we will all have to groan as the patent office continues to do stupid stuff and lawyers get richer.
Some of you guys should get a job reviewing patent applications. You seem to know more about prior art & novelty than these patent officers do.
Can I bum a sig?
What about SCCS?
I just patented the process of "using organic photoreceptors to relay electronic signals via sheathed sodium channels to a core carbon based processing unit to elicit saturation of iron-rich fluids in nether regions of humanoid body, and further organic electrical manipulation of calcium mechanics to stimulate fluid-engorged region." I'm willing to settle for $20,000 per license violation.
I also reply below your current threshold.
The interwoven designers were the original designers for Clearcase.
Clearcase has all of this stuff including staging and work-areas.
They are basically patenting "Clearcase as applied to the web".
Actually, come to think of it, modding the article itself could yield some interesting info...
Stop by my site where I write about ERP systems & more
Comment removed based on user account deletion
What I would like to see is if the patent holder then goes after someone for use of the patent and the defendnat challenges the patent in court, and if the defendant is correct and the patent is invalidated- the patent office itself should be liable for court costs, plus any lost revenue due to any possible injunction during the trial.
Enough of these cases and the patent office may begin to reforem itself in when and where it grants a patent.
- Serge Wroclawski
Here is a link to the actual patent.
The problem is that in the time between the dumb patent being granted, and the courts sorting it out, severe damage can be done to people's freedom to innovate.
Recall that over the past 100 years (and beyond), significant advances in technology have almost always been despite IP laws, not because of them*
*Some examples:
Deep in the company's website, they state, " With this patent, Interwoven joins the class of top tier software companies that recognize that market leadership is directly related to continued innovation combined with the protection of intellectual property. Patents represent the most effective and powerful way to ensure that a company protects its long-term investment in research, design and innovation."
Unfortunately, the fallacy of the first part of that self-serving statement is that history demonstrates the contrary: Innovation, especially in the area of software innovation, has been most successful in an atmosphere of sharing, openness, mutual support and peer-recognition. This is well-documented by Manuel Castells, Lawrence Lessig and others. Patents impede the advance of innovation by preventing potential competitors from innovating. With patent protection, innovation is limited to those who can afford the overhead of traaversing the patent minefield (as Stallman puts it). Those who choose to share innovation with the restriction that those who benefit also share their follow-on innovations - even when innovations pertain to other than software disciplines, accelerate the innovation process, and thereby support the development of a sustainably expanding economic infrastructure.
I do agree with the company's second statement: Patents are "most effective and powerful way to ensure that a company protects" its stuff. It just does very little for the rest of society, and for the economy in general.
Can the subject of a frivilous lawsuit sue the USPO for recklessly granting a patent when any sort of effort at prior art research would have shown the notion to be invalid? If they don't have an incentive to NOT grant patents, wouldn't this potentially give them one?
...there's too much prior art.
Oh, wait...
Arr! The laws of physics be a harsh mistress!
here is a clickable link to the patent at the USPTO.
$#!^ happens, but why does it always have to happen to me???
It looks like what they patented is something I've been thinking of for a while.
We have a small prepublishing company, and it really would be ideal to let the authors request their changes right on the web, and then submit them. Then have a system that would send an alarm to my people, who would get on the job immediately, update the info, and then send an email ['Your work is ready'] to the authors.
But that isn't all I want. I want
(1) Secure password encoded, 128-bit at least
(2) Dating and timing of requests, backup of all previous versions
(3) Dating and timing of our new documents
(4) Access to Mac systems
And then what I'd really like:
(5) Online web-native/Postscript-native document manager that can handle templates [like equations], read postscript *FROM OTHER WORD PROCESSORS INCLUDING MS WORD*, reformat it into template-format work, do all the things that Quark XPress can do, allow mass updates with individual checks [so words and formulas must be stored in tree format].
I suppose this could be done with Acrobat files initially, including their form submission.
But the fact is, we don't have it done. Now, I'm not about to spend money to develop something that isn't mine, especially when I don't have a lot of money. But if they got a really good system going, there's an excellent chance that I would buy in, so long as the license was permanent. [I won't be held hostage, but I *will* pay money for the system].
So I really hope they do develop a halfway decent working model.
But if they don't develop it themselves, I'm not going to have a problem doing an artwork search and then developing what I wanted anyhow. Or if they have a hostage-data situation.
I won't pay money to put a noose around my neck voluntarily.
Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
According to the US patent office: "Each year the USPTO receives approximately 300,000 patent applications." (from http://www.uspto.gov/web/offices/pac/utility/utili ty.htm)
Some of these patents are no doubt software patents. And each patent application costs money to process. Even though there is apparently a fee for submitting an application I doubt the patent office is making profit. And as it is a US government funded organization the US taxpayers are paying for the process.
Investigations related to prior art surely cost a lot additinal money. If an application has already been accepted nullifying it can't be an easy process. Ultimately the whole mess must cost a grand sum... guesses anyone?
I'm rambling, but I can't help feeling that the money could be better spent somewhere else.
.: Max Romantschuk
Every patent that is filed for is posted on slashdot. If nobody says "I was doing this back in...", then they get the patent.
> It seems like the USPO is pretty lenient when it comes to awarding software patents.
That's apparently true for any kind of patent, see this or this link (gathered from this excellent article by James Gleick).
I guess my patent application for "Achieving sexual stimulation in males by applying a repeated vertical up/down motion to the male reproductive organ using either the left or the right hand" has a real chance to be approved, then. Unless anyone here wants to step forward and claim prior "art" (ahem), of course.
"There are already a million monkeys on a million typewriters, and Usenet is NOTHING like Shakespeare." - Blair Houghton
Beaver: "Hey Wally, getta load of this! It's another one of them swell software patents!"
Wally: "Well, you remember what the memo said, if it's got the the word 'web' in it then you should accept it, otherwise you're gonna get it when the commisioner gets back."
Beaver: "Not only does it have 'web' it's got 'web assets' and 'version control', what the heck is that?"
Wally: "No idea, but it sounds good. Hey just stamp the thing with the 'ACCEPTED' stamp and let the lawyers sort it out; we're gonna be late for beer at The Prior Art tavern."
Beaver: "Yeah, wouldn't want them lawyers to be outta work, now would we. Well, that's ten I've accepted before lunch, let's get to The Prior Art, pronto!"
The patent for the integrated circuit was hotly contested between Fairchild and Texas Instruments when Jack Kilby and Robert Noyce both invented the integrated circuit at about the same time. The battle dragged on and by the time it was resolved it was totally irrelevant since both companies were making tons of ICs.
No it is not.
The parent is incorrect.
It's a non-refundable fee -- this fee is actually meant to compensate for the USPTO guys doing a prior art search.
-Tomaj
Last week the SQL Server developers found out they might be liable for royalties...
Are users of this version control software next?
Everyone will start to cheer when you put on your sailin' shoes.
I propose applying to the USPO for a patent on
"A system to allow full disclosure of innovative techniques or technologies, while permitting the applicant exclusive license to said technologies for a certain period."
They're bound to grant it, and once they do, you sue them into oblivion for infringing it.
The GPL embraces the concept of intellectual property law and uses it to forward the philosophical point of view that the *code* ( not the coder) should always be free.
If the GPL rejected the concept of intellectual property it would called "public domain."
The GPL is very much *not* the same as the public domain, since it forces contractual obligations. It can only do this because the code is *someone's intellectual property.* You use the code under license. Not right.
This is why we have BSD/GPL/Aritistic license religious wars.
The power of the GPL ( whether you think it's good or bad is up to you. Please note I'm only bringing up facts here, not making value judgements) is that with no concept of intellectual property you would have *no* rights to obtain source code. The GPL uses intellectual property law to force the code "free."
KFG
Does there exist a section of the open source community dedicated to seeking out obvious and prior-art patents for the purpose of making those ideas public domain (thus protecting us from companies doing the same but not making them public domain)? If not, there should.
"Probably the toughest time in anyone's life is when you have to murder a loved one because they're the devil." -Philips
Is anybody making an archive of all the bullshit patents?
What if you changed rule 2:
Applicant does a search (web or otherwise) on prior art, filing a paper with proof that existing systems found on the web or otherwhere are not comparable to the patent. The applicant must know of similar systems, so the work can be left for them. There's no expenses in time or efforts for USPO, and the proof can be filed with the patent.
If someone finds the proof is fraudulent, incomplete or otherwise doesn't provide negative proof of prior art, the patent can be revoked. Additionally, the patent holder could then be sued for misleading it's customers and all that sort of thing. There could also be some fines associated with patents for which proper proof was not delivered.
Xerox won the day as far as Infringement is concerned, however the appeal court "agreed with Palm's argument that the lower court failed to find out if Xerox's patented technology was indeed unique." and ordered that portion back to the trial court.
If Xerox looses the validity of the Graffiti patent it will set a much needed precedent and pave the way for future legal strategies in dissputes.
Attack the Patent rather than defend non Infringement.
Help fight continental drift.
(I am not AL, nor am I ANAL)
:p), submission and workflow associated with the content, embeded webserver, etc. These are features which parallel Interwoven's offerings (albeit at a smaller scale).
First off, read the actual patent, not the press release.
The patent does indeed include version control elements, but further defines exactly what their product does. See section 2, for example:
"The system of claim 1, further comprising a plurality of work areas configured to allow different users to create and maintain web content to be displayed on a website, wherein the staging area is adapted to receive web content changes of files modified in the work areas and is configured to check for conflicts in web content received from two or more work areas. "
There are very many products out there that do version control. But, there are very few that provide robust Content Management, which includes version control, but also includes a system to quickly and directly retrieve content for a web site/application and other such ammenities described in the patent. You would never do such a thing with CVS, unless you're insane.
What this does endanger is projects like Zope with it's CMS framework, which does alot of what is described in this patent. Versioning, browsable "file system" (html browsable, not unix mountable
So, having said all this, I don't see why everyone is freaking out. The patent obviously addresses a complex Content Management system, not a simple version control system. I'm sure a simple-minded judge would be able to tell the difference once given the facts.
I've used TeamSite for years.. and checked out the patent. everyone needs to settle down. Interwoven uses some clever tricks in the caching and indexing in their management system that go above and beyond what something like CVS does.
This is what they're pantenting. TeamSite was actually built on top of CVS when the project started, but the standard content manageement scheme is not what's being patented here..
Violate propriety
I think I shall patent "a means of using a patent to create ownership of an obvious method of using existing devices or methods so as to stifle innovation and help lawyers buy new cars"
Actually, my patent will read:
"a means of using a patent to create ownership of an obvious method of using existing devices or methods so as to stifle innovation and help lawyers buy more cars" because sometimes lawyers want to buy classic cars too.
Let's see whose patent application makes it through the system first...if mine does, you owe me if you exercise your process!
Applying to only *web* objects is a slightly grey area too.
No it's not, I've been using CVS for web pages since about 5 minutes after my first web page, what's that, 94? When did these guys file the patent. Plus if I thought of it, and didn't think anything of it, it certainly fails the "non-obvious" test. Then again is this really news? I'd be surprised to see the headline "patent granted on a real invention in software!!!!" I mean has a really clever algorithm been invented since quicksort that wasn't just ported from mathmatics or physics? (I'm counting theoretical cs and graph theory as mathmatics, since, um it's not "practical" and so hardly ever patented.)
My amazing wife - Artist, Author, Philosopher - Laurie M
ClearCase is not a Content Management System. Interwoven is not a Version Control System.
ClearCase and Interwoven do indeed have a number of shared features, but noone in their right mind would *ever* use ClearCase as a CMS backend to a website. Interwoven specializes organizing information, in the form of website content, throughout it's lifecycle, including initial authoring, review stages and (this is the important part) publishing. Not a single Version Control system addresses publishing.
I don't claim to have all the answers, but maybe it's time to sit down, discuss the possibilities, and take action. All average citizens have to be shown is the patent for the "cat exercise system using a laser pointer" to convince them that reform is needed. The next step is a letter campaign to congress.
Perhaps some college kid with plenty of free time on his or her hands would be willing to start something? Maybe the EFF can start something?
I dunno - anyone got any useful ideas?
The GPL would be unnecessary if there were no copyright law.
If there is no "copyright", then why would you need a "copyleft"?
GPL is supposed to spit in the face of copyright law. The beauty of it is that it does this by depending upon it.
If there were no copyright, then closed source would still be inviable: because anyone could copy it around. The difference would be that the BSD, LGPL, and GPL licenses would be effectively compatible, and I could finally see goddam SVG enabled in mozilla by default, etc.
The reason the GPL does not need copyright, is that eliminating copyright would eliminate the incentive to violate the GPL. Thats a catch 22.
You can not sue the government, or a governmental agency, without the permision of the government. You can, however, sue an employee of a government if they are personally negligent.
Any sufficiently advanced influence is indistinguishable from control.
One of the main reasons we have so many ridiculous patents these days is that patent office employees get paid per patent they approve! They get no pay for quality of research, or how thoroughly they examine the patents. There is no incentive for these overworked patent researchers to actually do good work or put any thought into what they're examining. With the current pay scale, they are incented to approve as many patents as possible in the shortest amount of time. Until that changes, we'll be stuck with the joke of the patent system we currently have.
Set up a cron job that executes twice a week, and posts a "Patent system still fucked" story on Slashdot. That'll save a lot of effort.
IWOV actually had to change the way they do things in order to not infringe on some of Rational's patents (for example their MVFS patent for a virtual filesystem that tracks build artifacts). I believe that the whole workspace/staging area/edition structure may have evolved from having to avoid stepping on Rational's toes.
In any case, the engineers at IWOV know that the core of TeamSite is very similar to any other version control system and that it's just optimized for web content control and delivery.
IMHO, there's nothing patentable about TeamSite. It's pretty useful and all, but not worthy of a patent.
The USPO makes very little judgement calls, getting a patent is incredibally easy. Why - because they are part of the executive branch, not the judicial branch. That way, if their is any arguement, both sides can have all their rights observed by a court of law. The question is, will a court hold it up. It does not sound like that patent will stand up.
excitingthingstodo.blogspot.com
If this keeps happening no patent is going to be enforcable based on the US patent office's recent history of complete incompetance. Taking every case of a bad software patent to the courts is hardly practical. I think people will soon start disregarding patents the same way they've started disregarding copyrights of music and movies.
No no no! The idea is to go against weak opponents first. They don't have the money to wage a legal war, so they rollover and pay a licence fee. You keep going after small targets. If you feel lucky, you go after a target that will fight, but can't afford a legal dream team. If you win, the next victim^w company will fold much quicker.
With the big boys, you horse-trade patent licencing. "We'll let you use our patent, if we can use yours and a first-round draft pick."
You never want to go up against a company that can spend more on legal bills out of petty cash than your total assets.
Unlike trademarks, you don't have to defend a patent against all comers or lose it. You can pick your targets carefully.
One line blog. I hear that they're called Twitters now.
Here, from the wayback machine, is a note about how I used to maintain web pages using CVS.
l e. edu/www.html
http://web.archive.org/web/19971222105157/ee.ya
The nice thing about the wayback machine is that it gives you a date for that prior art (In this case December 1997, which preceeds the Feb 1998 filing date on the provisional applicatoin.)
CVS was first released as a set of shell script wrappers for RCS in 1986. It is descended from RCS, which has been around since at leaast the mid 80s. The design of RCS was based loosely on that of SCCS, which was written in about 1972. Man, that patent must have been hanging around for a long time.
120 character sigs suck. Make it 250.
A lot of posters have been criticising the USPO for not scrutinizing the contents of patents passing through their system closely enough. I would suggest that having the USPO carefully examine each patent passing through its system for prior art, obviousness, etc. goes way outside the bounds of their job.
IMO, as long as the patent is properly addressed, has sufficient postage, and doesn't set off the anthrax detectors, the USPO should move it straight through the system just like the rest of the mail.
Now the USPTO, on the other hand...
"From my cold, dead hands you damn, dirty apes!" - CH
Robin Gross, previously the staff attourney at the Electronic Frontier Foundation has founded a new group named IPJustice. I suspect it's still getting it's feet since it's so new, but it will hopefully be able to do to IP abuses what the EFF does for online/free speech/etc issues.
I used to work for the PTO back in the day. The head honchos in the PTO (back then) didn't want any tax money. They wanted the same designation that the post office has, a Federal Corporation. Back then (1995) the honchos looked at the books and realized that if they really wanted too, they could be self sufficent in what they do. I would bet that position changed in the glory days of the Dot-Gone era when they got slammed with more patents then they had ever seen before, but the idea was real and they were activly moving in that direction.
*** I suffer from a colorful array of psychological problems