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MS Patents IM Feature Used Since At Least 1996

splorp! writes "Once again, a company is patenting a feature that another company implemented years before. C|Net's News.com reports that patent no. 6,631,412 grants Microsoft the rights to 'an instant messaging feature that notifies users when the person they are communicating with is typing a message.' Excuse me? Does anyone remember Powwow (now defunct)? I remember using that one back in '96 and it alerted the other people to whom you were chatting that you were typing. Or, alternately, it allowed you to SEE the other people typing in real time. Yeah, Powwow is gone, now, but that doesn't mean those features never existed."

524 comments

  1. Don't forget by Gortbusters.org · · Score: 1

    Yahoo had this forever. There's also more coverage here, stating that AOL and Yahoo were not available for comment.

    --
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    Free your mind.
    1. Re:Don't forget by Anonymous Coward · · Score: 3, Insightful

      Ever think they are patenting it so they won't get sued like the stupid plugin lawsuit for IE. MS has shitloads of patents, most of which they never enforce.

    2. Re:Don't forget by Gortbusters.org · · Score: 2, Informative
      --
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      Free your mind.
    3. Re:Don't forget by JohnHegarty · · Score: 5, Funny

      ...AOL and Yahoo were not available for comment.

      but they were typing a responce...

    4. Re:Don't forget by pebs · · Score: 1

      ICQ had something similar, though not exactly. In multi-user chat, you could see what everyone was typing as they typed it. I hated that feature.

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      #!/
    5. Re:Don't forget by SpekkioMofW · · Score: 1

      I wonder...Microsoft is attempting to patent a feature that other IM clients (Y!M, AIM) already have (and has existed for years) and nearly simultaneously made changes to its protocol to block out Trillian, et al. (Not that the block lasted for long, but still, they did it.) Plus MS shuts down chat rooms, claiming that they will be concentrating on MSN Messenger. Is this the start of a new IM war?

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      Spekkio Master of War
    6. Re:Don't forget by Squinky86 · · Score: 0

      "Microsoft has also made moves to get into the corporate market with its new Office Live Communications Server 2003, which will allow companies to run their own enterprise IM network." This looks interesting- the MSN messenger is already messed up beyond repair. What kind of consumer in their right mind would pay for software people no longer use anyway? If someone wants their own IM network, why not use Jabber?

    7. Re:Don't forget by Dirtside · · Score: 0, Redundant
      ...AOL and Yahoo were not available for comment. but they were typing a responce...
      But how could you know that??! MS owns the patent on typing notification!!
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    8. Re:Don't forget by LilMikey · · Score: 1

      Regardless of their intentions it's a stupid BS patent that should've never been awarded floating in a sea of other stupid BS patents.

      In the anti-MS vein, even if it is a defensive patent, what do you think MS would do if their back was against the wall?

      --
      LilMikey.com... I'll stop doing it when you sto
    9. Re:Don't forget by los+furtive · · Score: 2, Insightful

      The block was put in place to force other IM companies to pay for a license. Companies like Trillian were making money their product used the Messange networks (true, other products weren't making money but were still using the Messanger networks). I'd prefer it if Microsoft didn't go this way, but I certainly think it is within their right. And if you don't like it? Use a different client/protocol like Jabber. As for new IM wars, I don't think the old war was ever settled.

      --

      I'm a writer, a poet, a genius, I know it. I don't buy software, I grow it.

    10. Re:Don't forget by LinuxInDallas · · Score: 1

      I've been a Yahoo chat user for years (5 or 6?). They have it, but not all the way back to 96. I think that feature came into Yahoo messenger only a couple years ago.

      ICUII had the feature where you could see the typing of the person you were talking to. I hated it though since all your typing mistakes and erasures can be seen. I think that simply notifying someone when the other person is typing is sufficient.

    11. Re:Don't forget by Anonymous Coward · · Score: 0

      Unix's talk.

    12. Re:Don't forget by Anonymous Coward · · Score: 0

      how about wall?
      Or talkd?

      Unix has had this forever, it just didn't use TCP/IP and turn a colon-parenthesis into a yellow circle, but I doubt either of those is in the patent.

    13. Re:Don't forget by nicsterrr · · Score: 1

      And if you don't like it? Use a different client/protocol like Jabber.

      I love it when people firmly state their naive opinions to the world.

      The whole point of this is choice, or rather the lack of it. Companies like Microsoft form their markets by restricting choice and thereby forcing the masses (no, this does not mean your average hacker type) to use their product.

      If all your contacts are on one protocol, you can either use the same protocol, or you can't communicate. There is no choice available.

    14. Re:Don't forget by twofidyKidd · · Score: 1

      I must really be out of the "hacker leet" loop. I have no idea what this "messange" network is that you speak of.

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      Hades, PoD: Official Advocate
    15. Re:Don't forget by twofidyKidd · · Score: 1

      MSBorg: Assimilate or lose your address book.

      --


      Hades, PoD: Official Advocate
    16. Re:Don't forget by Anonymous Coward · · Score: 0

      Unfournattly there was a MS chat program for talking between two computers in NT4 (can't remember the name) that had this feature. I may have also been in NT3.5 so maybe MS really did have this one first.

    17. Re:Don't forget by k-zed · · Score: 1

      Plus as a matter of fact, Jabber does support the shows-when-the-other-party-types feature. It has worked for me for months - how the hell can people be granted patents when such prior art exists??

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      we discovered a new way to think.
    18. Re:Don't forget by dosius · · Score: 1

      "talk" on *x? I think that's prior art too.

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    19. Re:Don't forget by mkldev · · Score: 2, Redundant
      It's hard to beat UNIX talk, which became part of BSD in 4.2BSD, i.e. 1983. Microsoft was still doing MS-DOS back then....

      --
      120 character sigs suck. Make it 250.
    20. Re:Don't forget by TomV · · Score: 1

      Does anyone know how the other IM networks implement their notifications?

      I ask because the Patent text in this case specifies that the notification is sent (or not) regularly at a predetermined time interval, and a similar regime on a separate timer drives flushing of the notifications at the receiving client. If for example A.N. Other Network were to implement its notifications by, say, sending an activity message after every seven keystrokes, regardless of timing, then ISTM such a client would not be affected by this patent, as worded.

      So, how do the other IM networks do notifications?

      tomV

    21. Re:Don't forget by innosent · · Score: 1

      Gee, I don't know, what would an OS company with it's back against the wall do? It's not like it's ever happened before. But really, it's a bad patent, but if MS felt like spending the money to get a patent they knew was weak, I say let them. They'll have to sue someone to see any benefit from it, since I'm sure AOL and Yahoo aren't just going to send MS money now, and when they sue, anyone who does even 10 minutes of research on it will see prior art (hell, even some old BBS software in the 80's had this feature), and MS will lose its patent.

      Yeah, our patent system sucks here (in the US), but the real problem is that too many companies are afraid of these types of patents. Smart companies think to look up the validity of a patent/IP claim before deciding whether or not to license it. If they didn't, SCO would be rich.

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      --That's the point of being root, you can do anything you want, even if it's stupid.
    22. Re:Don't forget by jonadab · · Score: 1

      Yes, I was going to say that. The talk program has been available on
      Unix since nobody knows when and is essentially like IM only much
      more realtime; each character typed is seen immediately by everone
      on the talk session.

      The only way this wouldn't qualify as prior art would be if the patent
      method talks specifically about transmitting information from a client
      machine to a server which transmits it to other clients (the usual IM
      modus operandi), as talk does not work that way.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    23. Re:Don't forget by rifter · · Score: 1

      ICQ had something similar, though not exactly. In multi-user chat, you could see what everyone was typing as they typed it. I hated that feature.

      Actually some very ancient chat software did this as well. You saw what people typed as they typed it. I remember some modem software like that, but I know there were older solutions as well...

    24. Re:Don't forget by dotgain · · Score: 1

      or for that matter:
      cat /dev/ttyofunsuspectinguser

    25. Re:Don't forget by Com2Kid · · Score: 1

      But MS does not have any obligation to run a network free for open use. Their IM servers are their IM servers, they can open them up to who ever they want to, heck they are in their rights to require a 10 cent payment for every message sent through them!

      You are also in your rights to tell them to buzz off and to use any of a number of competing alternatives.

    26. Re:Don't forget by devilspgd · · Score: 1

      Assimilate or lose your address book.

      Shouldn't that be "Assimilate AND lose your address book"?

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    27. Re:Don't forget by You're+All+Wrong · · Score: 1

      I grew up on Vax, and we had _3 WAY_ "phone", which was way cooler
      than simple Unix 2-way "talk". However, I think that Unix's "ytalk" gained that feature before too long. Back in the days before ubiquitous stupid patents, of course.

      Of course, IRC quickly came in and made all of those redundant back in the early 90s.

      YAW.

      --
      Your head of state is a corrupt weasel, I hope you're happy.
    28. Re:Don't forget by los+furtive · · Score: 1

      You little piece of shit. Since when does a missing 'r' warrant a reply. Useless posts like yours are what make Slashdot comments more and more unberable. Did you really add anything to the conversation? Was the meaning of my previous post lost on you? Was it even worth your time to submit that little bit of drivel. I don't normally respond to tripe such as yourself, but I've had enough and it is time to speak up. This is exactly why BBSs had exclusive membership. Now excuse me while I FUCK YOU!

      --

      I'm a writer, a poet, a genius, I know it. I don't buy software, I grow it.

    29. Re:Don't forget by twofidyKidd · · Score: 1

      hahahaha awww, someone's all butt-hurt. :)

      --


      Hades, PoD: Official Advocate
    30. Re:Don't forget by Anonymous Coward · · Score: 0

      In other news, Bill Gates patents life. God could not be reached for comment.

    31. Re:Don't forget by Groote+Ka · · Score: 1
      But they do try to enforce pretty worthless patents. I know. And I know they won't stand a chance; I know at least one patent Microsoft will regret using it against my employer. It'll be void in a jiffy.

      You know, patent attorneys can also do good things with worthless software patents. And besides, it'll be a good exercise for my European Qualifying Exam.

  2. Where's Powwow? by barfomar · · Score: 1, Troll

    Where do I buy the rights's to Powwow?

    1. Re:Where's Powwow? by f0ey · · Score: 1

      CMGI bought Tribal, I was there, not pretty. Then it was shutdown ;( DIAGD (Powwow robot voice)

  3. Even older prior art by Gzip+Christ · · Score: 5, Funny
    What about the UNIX "talk" command? That command allows you to see what the other person is typing in real time and it's been around forever. I wouldn't be surprised if there were cave paintings showing our ancestors using "talk" to tell their buddies how the wooly mammoth hunt was going.


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    The fake Gzip Christ isn't not user number ~0xA6CA7

    1. Re:Even older prior art by ichimunki · · Score: 1

      So it's not unlike the telegraph, is that what you're saying?

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      I do not have a signature
    2. Re:Even older prior art by SweetAndSourJesus · · Score: 1

      HISTORY

      The talk command appeared in 4.2BSD.

      Almost forever.

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      --
      the strongest word is still the word "free"
    3. Re:Even older prior art by skwirlmaster · · Score: 1

      Exactly, talk's ancestry traces back before UNIX, if this is to be believed: http://www.postel.org/pipermail/internet-history/2 002-December/000205.html And now MS will probably own it because of how b0n3d the IP system is in this country... Now I'm off to patent some naturally occuring amphibian DNA *just in case* :)

      --
      My inner self is ineffable, so don't eff with me.
    4. Re:Even older prior art by dattaway · · Score: 2, Interesting

      Don't forget the unix "write" command. And "wall" for everyone on the system.

      I remember the "phone" command for VMS. A bunch of people over a network could talk at once. Your could reach out and touch someone with the finger command and dial them up.

    5. Re:Even older prior art by NickFitz · · Score: 5, Informative

      RTFP. From this week's "great innovation for customers":

      Unlike telephonic communication, when participants know that a person is speaking, participants in an instant messaging session do not know that somebody is preparing a message for transmission. Without a cue that the other person is transmitting information, it is difficult to have a smooth conversational flow. One mechanism that addresses this problem is employed by a UNIX "talk" program, which performs a character-by-character transmission of an instant message. That is, each time individual types of a single character on the computer keyboard, that character is transmitted to all other participants in the instant messaging session. Because other participants are essentially watching the person type, there are clear cues that a user is "talking."

      However, this approach has several limitations. First, character-by-character transmission greatly increases the flow of network traffic because each character requires one or more data packets to be sent to each participant in the instant messaging session. In addition, many users do not like to be "watched" as they type, as their typing errors and incomplete thoughts are transmitted before they can be corrected. Finally, message recipients are often distracted by watching the flickering screen in which characters appear one time as a complete message is formed. Therefore, it can be appreciated that there is a significant need for a system and method that will provide the desired notification of user activity in a computer network. The present invention provides this, and other advantages, as will be apparent from the following detailed description and accompanying figures.

      As far as I can see from a quick reading, the idea is not that you see what people are typing, but that you have an indicator which lets you know that they are typing.

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    6. Re:Even older prior art by aphor · · Score: 1
      From TALK(1) System General Commands Manual
      HISTORY
      The talk command appeared in 4.2BSD.

      You can find 4.2BSD at Unix History or more precisely Unix History 1983 Pane.

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      --- Nothing clever here: move along now...
    7. Re:Even older prior art by midknight32 · · Score: 1

      MS was planning on sending the patent back to the future.. er.. past... to file it before unix "talk" and other chatting programs had this feature, but lost their flux capacitor when teh server holding their inventory was hacked.

    8. Re:Even older prior art by TheFairElf · · Score: 3, Funny

      ..to tell their buddies how the wooly mammoth hunt was going

      That is no way of referring to RMS

    9. Re:Even older prior art by nick_hre · · Score: 1

      now thats good!!

    10. Re:Even older prior art by Dirtside · · Score: 2, Insightful
      As far as I can see from a quick reading, the idea is not that you see what people are typing, but that you have an indicator which lets you know that they are typing.
      Being able to see what people are typing is an indicator that they are typing.
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    11. Re:Even older prior art by NickFitz · · Score: 1

      But having an indication that they are typing is not necessarily seeing what they are typing. The patent specifically states that its purpose is to provide such an indication without allowing you to see the actual typing occurring.

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    12. Re:Even older prior art by Anonymous Coward · · Score: 0

      You just Described UNIX 'write'

    13. Re:Even older prior art by silicon+not+in+the+v · · Score: 0

      Phone could also do multiple chat--you could keep inviting more people into the conversation, and it would just keep splitting the screen farther, so it was still real-time with each person's section having a few lines displayed.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    14. Re:Even older prior art by ashitaka · · Score: 2, Funny

      That is, each time individual types of a single character on the computer keyboard, that character is transmitted to all other participants in the instant messaging session.

      Oh! You mean like:

      W..a..k..e..,....u..p....N..e..o.

      T..h..e....M..a..t..r..i..x....h..a..s....y..o.. u.

      K..n..o..c..k..,....k..n..o..c..k..,....N..e..o.

      --
      If you don't want to repeat the past, stop living in it.
    15. Re:Even older prior art by Yohahn · · Score: 2


      In college a few of us used to keep ytalk open in a window. If any of us had a question, we typed up the question and then hit ctrl-g to alert everybody there was a question.

      Yeah.. my "packet" to let the other peson know that I was done typing was hitting the ctrl-g key.

      It seems obvious to me.

    16. Re:Even older prior art by TheCrayfish · · Score: 2, Informative

      Nevertheless, prior art for such an indicator DOES exist. I have used Lotus Sametime for at least two years. Sametime's chat window has a status bar that says "so-and-so is responding" as soon as that person begins typing. The chat window does NOT show WHAT they are typing until the person at the other end presses ENTER. This type of function (Sametime's "so-and-so is responding" status message) sounds exactly like the functionality for which MS just received its patent.

    17. Re:Even older prior art by Gzip+Christ · · Score: 1
      As far as I can see from a quick reading, the idea is not that you see what people are typing, but that you have an indicator which lets you know that they are typing.
      Alrighty, if that's what you want:
      talk | md5sum
      Seriously, though - how would the MS implementation actually save any bandwidth (their claimed motivation) over sending the actual characters being typed? Most networks have a minimum packet size and sending a bit to indicate that someone is typing is going to take just as much bandwidth as sending the text itself as both sets of data will likely need to be padded to reach the minimum packet size.


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      The fake Gzip Christ isn't not user number ~0xA6CA7

    18. Re:Even older prior art by NickFitz · · Score: 2, Insightful

      I'm sure there's plenty of prior art (including your link and the link in the article), I just don't think talk is a good example, given that it is specifically cited in the patent as not being what they claim their doobrie to be.

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    19. Re:Even older prior art by Johnso · · Score: 1
      Seriously, though - how would the MS implementation actually save any bandwidth (their claimed motivation) over sending the actual characters being typed? Most networks have a minimum packet size and sending a bit to indicate that someone is typing is going to take just as much bandwidth as sending the text itself as both sets of data will likely need to be padded to reach the minimum packet size.

      Simple. Instead of sending eat individual characters, it sends a flag when the user starts typing the message. It also sends a flag if you stop typing and delete your message.

      So instead of receiving n packets, you receive ~1 packet to let you know the user is typing and then the whole message once it's ready to be sent. This is pretty much O(2) compared to O(n) since the sending of individual packets is the limiting reagent.

      --
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    20. Re:Even older prior art by Qzukk · · Score: 1

      As far as I can see from a quick reading, the idea is not that you see what people are typing, but that you have an indicator which lets you know that they are typing.

      And the appearance of what they are typing is somehow not an indicator that they are typing?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    21. Re:Even older prior art by NickFitz · · Score: 1

      As far as I understand it, a watchdog timer at the typer's end keeps an eye on the typing. When they type, it sends a message saying "They're typing" (message 1). If they're still typing a while later, it sends another message saying "They're still typing" (message 2). If they stop typing for some period of time, it assumes they've died or gone to the bog, and sends a message saying "They've stopped typing" (message 3).

      Meanwhile at the other end, when it gets message 1, it turns a little light on, or pops up an animated paperclip, or something. As long as it gets message 2s arriving within some specified period, it keeps the paperclip cavorting. If it either gets message 3, or doesn't get message 2 for a while, it assumes the other end is dead and shuts the paperclip down, probably with a dialog box saying "It looks like nobody wants to talk to you!" and a single OK button.

      Presumably, this kind of exchange happening every couple of seconds is more bandwidth-effficient than shooting off a packet for every keystroke.

      I would put together a more thorough analysis, but reading patents sends me off to sleep.

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    22. Re:Even older prior art by Anonymous Coward · · Score: 0

      I remember in the BBS days a program called "iCE CHAT" that allowed me to see what a person was typing in real time. That program was way back in 93 - 94. It was kind of amusing to watch how many corrections the person would make.

    23. Re:Even older prior art by NickFitz · · Score: 1

      Going back to first year Logic course:

      1. All men are mortal
      2. Socrates is a man
      3. Therefore Socrates is mortal

      is logically valid.

      1. All horses are mortal
      2. Socrates is mortal
      3. Therefore Socrates is a horse

      is not logically valid.

      (Note: if Socrates is running in the Cheltenham Gold Cup, the above example may fail. I'll take GBP20 at 15 to 1 ;-)

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    24. Re:Even older prior art by Dashing+Leech · · Score: 1
      My guess would be that it would send a single packet when the sender started typing to turn on the notification and there are three cases for turning the notification off:

      The sender hits ENTER and sends the message.

      The program checks periodically if the user is typing. If they keyboard has been in use over x seconds, it sends a new "on" packet. If not, it either does nothing or sends an "off" packet. (Shouldn't need the "off" packet because of the next one below.)

      At the receiver end, if an "on" packet hasn't been received in y seconds (y>=x), it turns off the notice. This covers the case where the user paused for long enough, or they've been disconnected.

      That's just a guess.

    25. Re:Even older prior art by sketerpot · · Score: 1

      But this all seems so trivial! Just send, say, a UDP packet (or something) when someone has some text written in that they're planning to send. It's trivial! It's trivial!

    26. Re:Even older prior art by Gzip+Christ · · Score: 1
      Presumably, this kind of exchange happening every couple of seconds is more bandwidth-effficient than shooting off a packet for every keystroke.
      Yes, but why whould you send a packet for every keystroke? You could just as easily buffer the keystrokes and send a packet every 3 seconds with the accumulated keystrokes (and when the user hits "send", the remaining keystrokes are sent immediately). There's no need to have the frequency of the buffer flush be any different from the MS "invention". The only thing you need to do is send the buffered keystrokes instead of a message saying "X is still typing".


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      The fake Gzip Christ isn't not user number ~0xA6CA7

    27. Re:Even older prior art by ICA · · Score: 1

      The requirement for a patent is not whether it is trivial to implement, but whether it was an obvious idea or not.

      Whether or not there is prior art to Microsoft or not, this is a patentable idea.

    28. Re:Even older prior art by Locutus · · Score: 4, Insightful

      The problem here seems to be that Microsoft is planning on using patents, simple ones, to attack OSS and the USPTO is helping. Just like SCO is banging its drum about IP when there's no proof of validity and is devised only as a stock price enhancer, Microsoft will use its patents to thwart OSS projects. Who can afford the court costs to fight these obvious patents? The USPTO is a major threat to OSS IMHO.

      Anyways, to get around THIS patent, any IM application can device a single button which stays green when it receives the characters from a users input and turns red when a CR or LF character is recieved. Sure each character is still sent over the network but if it's buffered on every users machine, it can just be moved to the TALK window when the termination character is sent and thereby eliminating the whole message being sent out again when the sender has finished with the message.

      This uses existing techniques and provides the notification mechanisms without seeing the senders thoughts as they are generated.

      The OSS community needs a forum for debunking these patent applications. One where the USPTO trusts it for prior art inspections. Otherwise, Microsoft will litigate the OSS community into stagnation by killing OSS projects and improvements in the courts with bogus patents such as this one.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    29. Re:Even older prior art by picardsb · · Score: 1

      It seems MS is happy to tout 'top ofthe line' products, that cavemen used!? What an advanced idea.

      boohooo.. I don't want to live in caves - someone please save me from the stone age monster!

    30. Re:Even older prior art by NickFitz · · Score: 1
      Yes, but why whould you send a packet for every keystroke?

      Well personally, I wouldn't, but we are talking about Microsoft - the company where the blindingly obvious is considered "innovation".

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    31. Re:Even older prior art by Anonymous Coward · · Score: 0

      Or alternatively, YOU COULD READ THE PATENT BEFORE POSTING.

      You would see that Microsoft specifically mentions the UNIX talk command in the patent!

      Your posts really mean a whole lot when you post opinions by just reading the headlines.

    32. Re:Even older prior art by NickFitz · · Score: 3, Funny
      The OSS community needs a forum for debunking these patent applications. One where the USPTO trusts it for prior art inspections.

      Now that's a good idea. Have you thought of patenting it? ;-)

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    33. Re:Even older prior art by psykocrime · · Score: 1

      Whether or not there is prior art to Microsoft or not, this is a patentable idea.

      In theory, you can't patent "ideas", that is, you're supposed to have to *build* something to get a patent.

      And anyway, this "invention" is so dirt obvious that a 2nd grader could have come up with it. Shit like this is a glaring example of how dysfunctional our patent "system" has become.

      Never mind the fact that the entire idea of "software patents" is ridiculous in the first place.

      --
      // TODO: Insert Cool Sig
    34. Re:Even older prior art by compass46 · · Score: 1

      For some reason it sounds to me like taking a clock radio, removing the radio, and calling it something new. *shrug*

    35. Re:Even older prior art by amigabill · · Score: 1

      >As far as I can see from a quick reading, the idea
      >is not that you see what people are typing, but
      >that you have an indicator which lets you know that
      >they are typing.

      Is not the ability to see one typing in real time an indicator that that person is typing or not?

    36. Re:Even older prior art by NickFitz · · Score: 2, Funny

      A clock, perhaps?

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    37. Re:Even older prior art by Anonymous Coward · · Score: 0

      Yes I recall using this prior art since 1986 if they need an witness.

    38. Re:Even older prior art by autiger · · Score: 1

      Actually, I'm pretty sure this feature in Sametime goes back at least 4 years. It's been in AIM forever too.

    39. Re:Even older prior art by djh101010 · · Score: 1

      It's not about messaging, it's about "StarKitty is typing a message" kind of notifications. It's been a long time since I used Unix 'talk', but I seem to recall it's in there.

    40. Re:Even older prior art by Anonymous Coward · · Score: 0

      Wooly mamoth? Don't you mean wumpus?

    41. Re:Even older prior art by SnowWolf2003 · · Score: 1

      Okay, I know this is Slashdot, and everyone likes to be paranoid and think the worst, but what if this is just Microsoft protecting themselves from future frivolous lawsuits like the Eolas one?

      I am sure they also think this is an obvious feature, that shouldn't warrant a patent, but I think they thought the same thing about plug-ins in a browser, and that cost them $500M.

      Of course I could be wrong and the conspiracy theorists are right.

    42. Re:Even older prior art by NickFitz · · Score: 1

      One last time: yes, seeing typing is an indication that typing is occurring. Seeing an indication that typing is occurring is not seeing typing. See here and here for prior art - sorry, prior discussion of this point.

      To summarise: you and others are saying:

      • The patent refers to an indication that typing is occurring.
      • Seeing the typing is an indication that typing is occurring.
      • Therefore, the patent refers to seeing the typing.
      This is logically identical to saying:
      • You have two eyes.
      • George Walker Bush has two eyes.
      • Therefore you are George Walker Bush.

      More info on logic here

      --
      Using HTML in email is like putting sound effects on your phone calls. Just say <strong>no</strong>.
    43. Re:Even older prior art by DarkFall · · Score: 1

      This is a feature that ICQ has had for some time. iChat also allows you to see if the person you're talking to has started typing. Neither shows you what they've typed until they send the carriage return, but the indicator is there.

    44. Re:Even older prior art by prockcore · · Score: 1

      As far as I can see from a quick reading, the idea is not that you see what people are typing, but that you have an indicator which lets you know that they are typing.

      You mean just like in GAIM and iChat?

    45. Re:Even older prior art by be-fan · · Score: 1

      Look at it this way:

      The patent tries to cover giving an indication when the user is typing.

      'talk' allows you to see the typing.

      Seeing the typing as an indication that the user is typing.

      Thus, talk gives you an indication that the user is typing.

      Thus, the patent tries to cover something that 'talk' already does.

      --
      A deep unwavering belief is a sure sign you're missing something...
    46. Re:Even older prior art by Cederic · · Score: 1


      Or do OS development in Europe. I believe MS' patent doesn't apply over here..

      ~Cederic

    47. Re:Even older prior art by fishbowl · · Score: 1

      "Who can afford the court costs to fight these obvious patents?"

      Anyone who operates beyond the reach of the US civil court system. There is no rule set in stone that says the US has to always be important, or that your product needs to be legal there.

      --
      -fb Everything not expressly forbidden is now mandatory.
    48. Re:Even older prior art by NickFitz · · Score: 1
      The patent tries to cover giving an indication when the user is typing.

      No. The patent tries to cover giving an indication of when the user is typing specifically without transmitting the user's keystrokes (either singly or block by block) as the means of providing that indication.

      --
      Using HTML in email is like putting sound effects on your phone calls. Just say <strong>no</strong>.
    49. Re:Even older prior art by deisher · · Score: 1

      That's right. Between "talk" and "finger", we had all the elements of the so-called "instant messaging" more than 10 years ago. There was even an app called "xhtalk" that would show a buddy list (although they did not call it that) with the status of each person (logged on, activity, etc.). There aren't very many new ideas in IM that were not on *nix first.

    50. Re:Even older prior art by Mr+Guy · · Score: 1

      Not mention AOL has done this since, what, version 7?

    51. Re:Even older prior art by Nucleon500 · · Score: 1
      Yes, that would work, and it would probably circumvent the patent. But it's hopelessly convoluted, and an absolutely braindead design - it still has the extra overhead, and the other users could change their clients and sex^He your Fuck^H^H^Hreudian sex^H^Hlips.

      If you let software patents change your design, you've already lost. The industry can't move foreward when it's forced to reinvent the wheel, with the stipulation that the axle can't attach in the center.

    52. Re:Even older prior art by Anonymous Coward · · Score: 0

      Damn straight.

      Woolly Mammoths were quite reasonable creatures, unlike RMS.

    53. Re:Even older prior art by Locutus · · Score: 1

      I can only speak for myself and I'm bound by the laws of the USA. It might be a good idea then to move sourceforge offshore to protect against this possible threat. That still wouldn't allow those applications to be packaged into system sold/built here.

      Moving is not an option at this time. ;/

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    54. Re:Even older prior art by sootman · · Score: 1

      You mean like iChat does? When the other person is typing, you get a little baloon with '...' in it.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    55. Re:Even older prior art by Locutus · · Score: 1

      valid points but are you willing to see if a letter from Microsoft lawyers is going to show up by implementing what they CLAIM is their IP?

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    56. Re:Even older prior art by crucini · · Score: 1

      You do realize the patent discusses this, right?

    57. Re:Even older prior art by Freeptop · · Score: 1

      The Zephyr system that came out of MIT (IIRC) has allowed people to know that the other person is getting ready to send them a message since long before all these fancy GUI-based IM programs existed. If one's options were setup correctly, one would get a message saying "Ping from " when that person started a message to you.
      This addresses the language of the patent quoted above, as well as the intent.

    58. Re:Even older prior art by crucini · · Score: 1

      Except they didn't patent a function. The patented a specific means for achieving that function. Now, even if Lotus used the same internal mechanism that Microsoft has patented, I don't think it would count as prior art because it wasn't published.

    59. Re:Even older prior art by Anonymous Coward · · Score: 0

      hmm, so making my Jabber client send a message like this:

      <message type='normal' from='someuser@somehost.com'>
      <typing/>
      </message>

      is now violating a patent? Ridiculous...

    60. Re:Even older prior art by Anonymous Coward · · Score: 0

      From a strictly technical point of view, seeing the characters as they appear *is* an indicator that they are typing.

      It just so happens that this "indicator" also shows you the content of their message :-)

      Cheers, Bird

    61. Re:Even older prior art by Anonymous Coward · · Score: 0

      Except there's no such thing as O(2), since the O is supposed to subsume all constant factors. You mean O(1). Maybe that's just being pedantic, but O(1) is much easier to recognize at a glance than O(2). For the intellectually lazy (and we all strive to be intellectually lazy), it's better to be consistent.

    62. Re:Even older prior art by Anonymous Coward · · Score: 0

      There's nothing wrong with writing O(2) or O(54354) or O(1). They're all the same. They're all of a constant order which simplifies to O(1). O(C) where C is a constant besides 1 is used in many examples like this by top authors, such as Knuth.

    63. Re:Even older prior art by Trejkaz · · Score: 1

      You can still see the sender's thoughts under that scheme if you want to write a client which works like that.

      At the moment I'm interested to see what this does to Jabber if they go after JEP-22 (message events), which covers exactly this sort of behaviour. And in Jabber's case, the option of character by character isn't even available... well... not unless you want to beef that character up to the size it would be lumping huge chunks of XML around it. ;-)

      --
      Karma: It's all a bunch of tree-huggin' hippy crap!
    64. Re:Even older prior art by Reziac · · Score: 1

      Thanks for saving me from having to RTFP :)

      Doesn't one of the IM clients already have this function, where when the other person is typing but hasn't yet sent, it lights up a little indicator or something? I know I saw one with that function somewhere, just don't remember what client. I do know it wasn't M$'s, tho.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    65. Re:Even older prior art by Reziac · · Score: 1

      Ooops, they probably meant the giant woolly bear :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    66. Re:Even older prior art by Locutus · · Score: 1

      maybe it's time for everyone to send $20 to the Electronic Frontier Foundation and ask that it go to a Patent Protection department.

      http://www.eff.org/

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    67. Re:Even older prior art by greenrd · · Score: 1
      Except they didn't patent a function. The patented a specific means for achieving that function.

      That dubious distinction is how software patents are supposed to work. That's the propaganda that patent supporters put about. In reality, however, they don't work like that. My understanding is that they patent a series of Claims, any one of which, if you infringe, you are infringing the patent. The rest of it is just verbiage needed to impress the patent examiners and the court into believing that the "invention" is "innovative", but it's not actually the pivot about which patent disputes revolve. The Claims are the pivot.

      Now if you read the Claims, Claim #1 is ridiculously overbroad, and Claim #2 would be self-parody if it weren't so deadly serious.

      So no, they are trying to patent ideas, not just narrow, specific implementations. It appears to be absolutely standard practice to do so - and as we see with the farcical Eolas case, not only the PTO but even the courts will sometimes allow plaintiffs to do this. (I suspect in the Eolas case the judge must have been bribed, or perhaps off his trolley - why else would he bar the showing of obvious prior art?)

  4. Unix talk by Kingpin · · Score: 1, Redundant


    How about unix talk? I haven't used it since about 96, but I seem to remember that either the text got sent real-time (which could be considered a notification..) or there was a status change.

    --
    Unable to read configuration file '/bigassraid/htdig//conf/14229.conf'
    Geocrawler error message.
    1. Re:Unix talk by EricWright · · Score: 1

      Yes, I first used unix talk in 1989, and it was real time communication, which I suppose can be called a type of instant messaging. You even got to watch the other person backspacing over their tyop^H^Hpos :)

    2. Re:Unix talk by Rinikusu · · Score: 1

      I was thinking the exact same thing. Not only UNIX talk, but anyone remember old BBS "chat" functions?

      Frankly, I think it's a non-issue. While some chat-happy people might be all excited about knowing if someone is "typing", it's not a deal-killer for me.

      --
      If you were me, you'd be good lookin'. - six string samurai
    3. Re:Unix talk by ENOENT · · Score: 1

      Yup, text was sent in real time. Unix talk dates back to... uh... dunno. Probably one of the original BSD releases from UC Berkeley. It was certainly ubiquitous in the early '90s.

      --
      That's "Mr. Soulless Automaton" to you, Bub.
    4. Re:Unix talk by kfhickel · · Score: 1

      I first used talk on BSD running on a VAX in 1983, but then, I'm old.

      -Kelly

    5. Re:Unix talk by Anonymous Coward · · Score: 0

      Did you actually read the article? It mentions talk and the difference

    6. Re:Unix talk by Anonymous Coward · · Score: 0

      RTF patent, it cites talk and why the "invention" is superior to talk.

    7. Re:Unix talk by wampus · · Score: 1

      From the man page:

      HISTORY

      The talk command appeared in 4.2BSD.

      And a quick google search places 4.2 at August of 1983.

    8. Re:Unix talk by EricWright · · Score: 1

      I didn't read the patent, if that's what you mean... the linked article at rss.com.com.com.com.com... doesn't contain the word 'talk' at all.

    9. Re:Unix talk by Asgard · · Score: 1

      type-notifications are handy since they assist in the '20 second attention span' problem. It may take me more than 20 seconds to type my reply, but that way the other person knows something is coming and shouldn't divert their attention elsewhere.

    10. Re:Unix talk by gowen · · Score: 5, Informative
      Sheesh, read the friggin patent:
      One mechanism that addresses this problem is employed by a UNIX "talk" program, which performs a character-by-character transmission of an instant message. That is, each time individual types of a single character on the computer keyboard, that character is transmitted to all other participants in the instant messaging session. Because other participants are essentially watching the person type, there are clear cues that a user is "talking."

      However, this approach has several limitations. First, character-by-character transmission greatly increases the flow of network traffic because each character requires one or more data packets to be sent to each participant in the instant messaging session. In addition, many users do not like to be "watched" as they type, as their typing errors and incomplete thoughts are transmitted before they can be corrected.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    11. Re:Unix talk by Davorama · · Score: 1
      Yup, and there was something for VMS that goes way back too. You could talk to as many peple as you could fit on your vt220's screen (about 5 as I recall) simultaneously and see the characters as they were typed.

      I believe it was call phone... yup, here's a link Looks like it's from 1989 so I'm guessing talk was around before that.

      --

      Davo -- Free speech, free software, AND free beer.

    12. Re:Unix talk by b!arg · · Score: 1

      Hell...Procomm Plus and a couple of high speed 2400bps modems connected in full duplex mode in the mid to late 80s.

      --

      Everybody dies frustrated and sad and that is beautiful
    13. Re:Unix talk by ivan256 · · Score: 2, Insightful

      Read the patent.

      Patents cover implementations. The only thing microsoft has a right to here is the implementation described in the patent. The patent specifically describes a signal or packet being sent telling the remote host that a user has stopped typing. Unix talk didn't do that. In fact I don't know that anybody has ever done that because it's a dumb idea. This patent is irrelevant, and a waste of Microsoft's money.

    14. Re:Unix talk by wampus · · Score: 1

      The patent specifically mentions talk, and how this isn't like talk.

      That doesn't mean I don't think its utter and complete bullshit. The patent was filed in December of 2002, and I remember using AIM's direct connect well before that, complete with "Your buddy is typing" to the upper right of the text input box.

    15. Re:Unix talk by silicon+not+in+the+v · · Score: 1, Interesting

      ICQ has this feature, and I don't know about others, but it will show "Away" when the person has switched programs, so it's not the active app. When my wife chats with her sister, it drives her crazy because she sees her sister going into away mode like every 10 seconds, and then has to sit there waiting for her to answer while she can see that her sister isn't even looking at the chat window.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    16. Re:Unix talk by SedentaryZ · · Score: 1

      This seems to fall into the class of 'inventions' that shouldn't be granted a patent because of their obviousness. This sounds like a specific implementation of an idea that has been done in other products in other ways for years. Sounds pretty intuitive.

    17. Re:Unix talk by Anonymous Coward · · Score: 0

      I was one of the clowns that posted a kneejerk response about talk. But you know what? After thinking a little bit more, I believe it is un-obvious, or else it would have existed on talk. And it is valuable and innovative, because all the other major IM programs adopted it shortly after Microsoft. I remember wishing for something like that on talk, and on IRC.

      And, by the way, I believe in software patents. Is there anyone who thinks that RSA didn't deserve to be patented? They spent years developing it, even though it was obvious once discovered. It was an encumberance, but it took at least 15 (out of 17) years for it's creators to really profit from it, and it expired at just about the right time. It would have been nice for the rest of us a couple years sooner, so maybe patents should be a bit shorter, but that's just one case. Besides, the patent encumberance on RSA definitely *helped* foster more inventions.

      The question is, was there prior art for notifying *only* the start and ending of a messsage being composed? Maybe. Others have mentioned powwow and sametime, so maybe so. Another similar question is, did Microsoft file for the patent before it was adopted by other programs or after. That would also be prior art.

    18. Re:Unix talk by ivan256 · · Score: 1

      First off the patent was filed in 2002 - very recently. They must have pulled some strings to get it issued so quickly.

      Secondly, there is no reason to implement the feature they describe the way they describe it. If keystrokes are being sent across the network, the destination machine can tell when the source stopped recieving input just as easily without a special notification. I.E. this wasn't in talk because it was unnecissary, not because it was non-obvious.

      Even though I think this patent doesn't matter in the least, I don't think anything that can essentially be boiled down to "a message is passed when a particular event occurs" should be patentable. That's 2nd semester computer science, not innovation, and I think that's true regardless of what the event is, and what the notification is used for.

  5. Maybe it's a pre-emptive patent by grasshoppa · · Score: 1, Offtopic

    Hey, maybe it's a pre-emptive patent. You know, patent it now so someone with less morals won't screw them over...later...hey, why is everyone laughing at me? :)

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
    1. Re:Maybe it's a pre-emptive patent by kawika · · Score: 0, Flamebait

      Why IS everybody laughing at him? Doesn't it make sense that Microsoft would want to build up a big patent portfolio that they could use to play ball with companies that try to sue them? IBM has cross licensed their patents for years.

      Microsoft holds a lot of patents that it hasn't yet tried to enforce, for example their patent on using Bayesian statistics to filter email.

    2. Re:Maybe it's a pre-emptive patent by Nucleon500 · · Score: 1

      Microsoft has patents on Bayesian filters? I was under the impression that Paul Graham came up with the idea of applying them to email filtering, and that Bayesian math itself was pioneered by Rev. Thomas Bayes in the mid 1700's.

  6. ICQ by i.r.id10t · · Score: 5, Interesting

    ICQ had/has this as well, in the direct chat (not im) mode.

    --
    Don't blame me, I voted for Kodos
    1. Re:ICQ by Entropy+Unleashed · · Score: 0

      Yahoo Messenger has had this implemented since before December of 2002.

      --

      "I would give my right hand to be ambidextrous."
    2. Re:ICQ by StillNeedMoreCoffee · · Score: 1

      Yes and ICQ had it at the time that Powwow went under. Which was, as I remember and was publicly stated, a community effort by a community in Colorado that wanted to build virtual communities, offer if free and they did, until they couldn't any more. They were I believe the first successful sophisticated free IM service out there. They are missed.

      Ahh.. those were the days.

    3. Re:ICQ by Snodgrass · · Score: 3, Insightful

      Heck, even Unreal Tournament made your character look like he was chatting into the radio while you were typing a message.

    4. Re:ICQ by cloudmaster · · Score: 2, Insightful

      And Quake used the "talking bubble" before that...

    5. Re:ICQ by Blarfy_Snarflepoop · · Score: 1

      Tipic IM (http://www.tipic.com) currently has this feature.

      --
      No sig for you.
    6. Re:ICQ by Anonymous Coward · · Score: 0

      Heck...I had Teddy Ruxben talk to me all night long. His mouth wouldn't stop moving, even when I wanted to sleep. He'd go on and on. I should have never inserted 90 minute tapes into him. That bastard.

      Once I tried putting my finger in his mouth to shut him up...NOT A GOOD IDEA...poor pinky.

    7. Re:ICQ by lngtones · · Score: 1

      AOL Instant Messenger and iChat do this as well. AOL Instant Messenger actually says things like "Blah is typing a message." and it disappears if they're not typing. iChat displays a thought bubble with ellipses.

    8. Re:ICQ by Kashif+Shaikh · · Score: 1

      Even in Quake3 the bubble appeared everytime you typed to chat, so as to discourage people from getting cheap frags.

      Of course, the low-lifes and 12-years and Me always snickered and went for the nice kill:)

      Thanks Id!

    9. Re:ICQ by Pharmboy · · Score: 1

      Yahoo Messenger has had this implemented since before December of 2002.

      I was about to say, but I had thought they had this well before then. I always hated that feature tho.

      --
      Tequila: It's not just for breakfast anymore!
  7. yeah... by dragin33 · · Score: 0

    but for all we know powwow is now defunct cause M$ paid them off. :-p

  8. it gets ridiculous by Anonymous Coward · · Score: 0

    time to found a country without any patent laws

    1. Re:it gets ridiculous by Anonymous Coward · · Score: 0

      like Israel ?

  9. BBS! by Ass,+Ltd.+Ho! · · Score: 2, Informative
    I used BBS chatting software in 1989 that allowed me to know when the other user was typing.

    I spent a year working for patent attourneys. What did I learn? If I ever go rogue and start taking out government buildings, the patent office is first on my list.

    HO

    --
    HO
    1. Re:BBS! by Facetious · · Score: 1

      1989! The telegraph did the same thing about 100 years before that. Does that mean the idea is now in the public domain?

      --
      Let us not become the evil that we deplore.
  10. Back in the day by BrodyVess · · Score: 1

    All my friends were pissed that I enabled the feature to watch someone type in ICQ, and would then call them on things that they were about to type but never hit enter on...

    --
    No one expects the Spanish Inquisition!
  11. Also.. by Conspiracy_Of_Doves · · Score: 2, Redundant

    it allowed you to SEE the other people typing in real time

    ICQ has done that for a while too

    1. Re:Also.. by pecosdave · · Score: 1

      I used to use that a lot, I always thought it was fun to watch all the backspacing everyone did do to poor spelling.

      --
      The preceding post was not a Slashvertisement.
    2. Re:Also.. by Muddie · · Score: 1

      it was fun to watch all the backspacing everyone did do to poor spelling.

      Didn't help with the grammar though, did it? ;-)

    3. Re:Also.. by kareemy · · Score: 1

      used to use that a lot, I always thought it was fun to watch all the backspacing everyone did do^H^Hdue to poor spelling.

    4. Re:Also.. by pecosdave · · Score: 1

      :-)

      I never denied they were getting a good laugh to. :-p

      --
      The preceding post was not a Slashvertisement.
  12. nice design by Anonymous Coward · · Score: 0

    this page's design proves it must have been there around 1996 :) It looks worse than my first members.aol.com webpage.

    1. Re:nice design by Anonymous Coward · · Score: 0

      WTF?? You are posting to exactly the same link as the article???

  13. Re:First post by alecto · · Score: 1

    Sorry, dude. Looks like Gortbusters.org has prior art.

  14. topple by l2b · · Score: 1

    gee - we had topple on our dec 20s wayyy back in the 70s....

  15. Re: First post by Anonymous Coward · · Score: 0

    But not practice what you preach evidently...

  16. Are you sure? by autopr0n · · Score: 3, Interesting

    Are you sure this patent grants them the rights to any implementation, or only their implementation?

    Btw, would you need to sue MS in order to get this patent overturned, or could you do something like sue the patent office?

    --
    autopr0n is like, down and stuff.
    1. Re:Are you sure? by gowen · · Score: 2, Insightful
      would you need to sue MS in order to get this patent overturned
      No, you could just breach it, and wait for MS to sue you. If the court found for you, for reasons related to the validity of the patent, that would pretty much kill it stone dead.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:Are you sure? by mormop · · Score: 2, Informative

      Check here for info on contesting patents.

      The pow-wow website is still up and dated 1997 so you can still download it and check the features.

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
    3. Re:Are you sure? by michaelepley · · Score: 2, Informative
      The patent office has the power to sua sponte (on the PTO's own decision, without any lawsuits being filed) reexamine patents for validity. In principle, this power is usually used in cases where a significant piece of prior art is overlooked.

      It is ralely used however, unless the patent office takes signiciant notice of the problem, the patent is likely to be asserted, lawsuits to determine the patents validity are unlikely, and the patent is blatantly invalid. In short, the PTO would rather the courts and affected parties handle the issue, and keep their own hands clean.

    4. Re:Are you sure? by Locutus · · Score: 1
      In short, the PTO would rather the courts and affected parties handle the issue, and keep their own hands clean.

      This appears to be how the USPTO works. Hand out patents like penny candy( only they get a few $100 for every one ) and let someone else figure out if the patent if really valid or not.

      I think Microsoft knows this too and with its BILLIONS in cash, they can litigate almost everyone out of business. Especially the OSS projects.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  17. UNIX talk and MUDs by ibpooks · · Score: 1

    How about UNIX talk and MUDs? Those have been around for decades.

    1. Re:UNIX talk and MUDs by lord_nightrose · · Score: 0

      How many MUDs have you been in that let you know that someone else was talking before you saw what they said? ... ... Come on, man, telnet isn't THAT smart.

      --
      This is not part of my post. It's my signature. I bet you're disappointed.
  18. Prior Art may be the key by matchlight · · Score: 5, Interesting

    Check out this site for complete details but to lift a few important parts:

    a person is not entitled to a patent if the invention was "known or used by others in this country, or was patented or described in a printed publication in this or a foreign country" before the date of invention by the applicant for the patent

    But later there is a brief comment:

    Naturally, if an inventor abandons the invention, he or she cannot obtain a patent.

    And finally in support of M$'s patent, and likely the way they got it:

    In a fast-changing world, finding a single piece of prior art which discloses the same invention as that claimed in a patent is not the most likely scenario. What is far more likely to occur is that the prior art will be something similar but not identical to the patented invention. The patent statutes also provide for this situation--in a negative manner. Specifically, section 103 of the code provides that a patent may not be obtained "though the invention is not identically disclosed or described [in the prior art] if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art." The test which is posed by this section is whether a worker of ordinary skill, knowing the prior art, would have found the patented invention obvious.

    1. Re:Prior Art may be the key by matchlight · · Score: 1

      The 3rd reason is actually AGAINST M$ getting the patent, oppsie.

    2. Re:Prior Art may be the key by mavenguy · · Score: 1

      Actually, this corresponds to 35 USC 102 (b)...note the "before the invention by the applicant" time requirement.....this is generally before the filing date of the application, and can be established by proof of certain acts by the applicant. However, consider 35 USC 102 (b):

      A person shall be entitled to a patent unless -

      (b) ...
      the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States ...

      Not if the acts described in this section (but not by the inventor) are done more than a year prior the filing date of the application, they will BAR granting of a patent...this is called a Statutory bar, in fact. The applicant, even if he can show that he invented it earlier, can't get around this.

      This patent is a Continuation of another application, so it is entitled to a filing date of the earlier application. Thus it has an effective filing date of July 21, 1998. So, any prior art dated before July 21, 1997 will be a statutory bar to the claims in this patent.

    3. Re:Prior Art may be the key by fermion · · Score: 1
      Out of curiosity i went to the USPTO site. The first thing i notice is they, at least at the moment, are in the in business of building a ultra modern five building campus. From this critical news item on the front page we also learn the customers are the entities that file the patents. This certainly reinforces the view that they exist to grant patents, not review the validity of said documents, at least not beyond paper-pusher requirements.

      In any case, there does seem to be a protest procedure. It appears to happen before the patent is granted, and the patent office can ignore it.

      It also appears that there is a procedure to cite prior art, as well as a request for reexamination, but that costs like $2500 to $8000.

      Anyway, it looks like people can at least send prior art claims that will be included it a reexamination every happens

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    4. Re:Prior Art may be the key by Trejkaz · · Score: 1

      The third quote is definitely important because the Microsoft patent is obvious given the prior art. It's an obvious bandwidth optimisation, and nothing more.

      --
      Karma: It's all a bunch of tree-huggin' hippy crap!
  19. More text than code by javatips · · Score: 5, Funny

    What I find amusing is that it probably took a lot more time filling for this patent than implement the feature.

    One must be very creative to describe such a simple feature in so many pages of text!

    1. Re:More text than code by Nucleon500 · · Score: 2, Funny

      Perhaps, as a Slashdot user, and in point of fact, not a lawyer, you are not so acutely aware, as people in the legal field are, of the importance, necessesity, and advantages of making a document, filing, or other communication of any kind as bloated, wordy, verbose, stuffed with verbiage, and otherwise unwieldy as humanly, or even inhumanly, possible. Sometimes one mere person, or even a lawyer, acting by himself in a non-collaberative manner, such as typing in front of a computer, is not sufficient to produce such a convoluted and long-winded document. In these commonplace instances, it is seldom not imprudent to deny the expansion of the document commitee. The commitee should include, but not be limited to, every lawyer in the company, and at least fifty percent, or whoever doesn't want to participate, whichever is more at the time of choosing, of the people in the company, organization, or group. They should all be brought into a meeting room, they should brainstorm random ideas, adjectives, phrases, writs, legal principles, and bodily noises, and they should be forced to put their ramblings down on paper for no less than 6 hours. This example, which I hope has been informative to all, has now taken five precious minutes of my irreplacable time, so I must bring it to a long and drawn out close, in the hope that you will be thusly enlightened, and therefore more able to understand the legal system which increasingly dominates our industry, as well it should, because of the many benefits it brings, including creating demand for larger computer storage devices such as hard drives and backup media.

    2. Re:More text than code by IainHere · · Score: 1

      More text than code - twisted and evil.

  20. Software patents by McLion · · Score: 1

    Another good example why software patents are bad for us. As M$ was sued recently for the use of the parameters, and we will all have to recode our pages that they will work in explorer... the same could happen with this pattent... Even if it's not essential for chatting, it is cool to se how someone on the other side of the world types. It makes the conversation more "human".

    1. Re:Software patents by Anonymous Coward · · Score: 0

      EOLAS endangers the freedom of the Web, MS gets a patent on a crappy invention. It is time to stop the American liberal patent policy that causes anti-competetive behaviour and is a threat to freedom. Patent lawyers and patent privateers or information society?

      Americans, please join the succesful EU movement by organizing similar initiatives and events. We alkready made some mistakes for you, so you don't have to start from scratch. Leaflets, Online demo material, material, visual propaganda stuff

  21. patents have to be the answer by dnotj · · Score: 0, Troll
    1. IPO
    2. waste $$$
    3. make something unique
    4. cease to exist
    5. wait
    6. sue M$ for prior art patent violations

    I'm off to create something for micro$oft to steal from me.

    --
    No more Micro$oft bashing from me. Its like bashing at the special olympics.
    1. Re:patents have to be the answer by lord_nightrose · · Score: 0

      You know, if I didn't have the karma of a troll (for reasons unknown), I'd mod the parent up as funny.

      --
      This is not part of my post. It's my signature. I bet you're disappointed.
    2. Re:patents have to be the answer by dnotj · · Score: 1

      The troll club is a nice place to hang out. No meta moderation, no regular moderation, no need to submit stories (they are all rejected even though they often appear on slashdot hours later). You can just read the stories and make trollish comments knowing very few people see them.

      --
      No more Micro$oft bashing from me. Its like bashing at the special olympics.
  22. Forget the patent... by tzanger · · Score: 0, Offtopic

    Does anyone know if the MSN-T Or nextgen-msn-t is actually stable form jabberd yet? The latest one I tried (1.2.8pre10 I think?) segfaulted in the pthread code about every 3-8 minutes.

  23. Next week: patent for watchdog timer .. by talexb · · Score: 0, Offtopic

    .. which is described in the original patent filing. Is this stupid or what?

  24. patent by aphr0Scorp · · Score: 2, Informative

    A link to the actual patent might have been nice.

  25. ICQ does the same by Anonymous Coward · · Score: 0

    ICQ, at least the Windows client, also notifies that the other user is typing.

  26. Great Business Sense by Anonymous Coward · · Score: 0

    As much as we may dislike the MS products, they do have the inate ability to circumvent common knowledge and pass it as their own creation.

    When Bill Gates and Steve Jobs co-operated in the late 70s with Novell to create the IPX stack for the Watcom compiler, we knew that this was history in the making.

    In our corporation we shun Microsoft products as much as we can. Right now only our mail system, database infrastructure, firewall, web server cluster, browsers, and office suites run with Microsoft. The rest are all third-party products.

    Which is nice.

    1. Re:Great Business Sense by Anonymous Coward · · Score: 0

      Was your crap post some kind of troll? If so, I suggest you visit geekizoid and learn how to really troll. From the experts.

  27. It's the application date that matters by Quarters · · Score: 4, Insightful
    Just because Microsoft was granted the patent now doesn't really mean anything. It takes years for a patent application to wind its way through the Patent Office. Because of that they are retroactive to the time of application.

    The question shouldn't be, "How can they do this if had it in '96?" It should be, "When did Microsoft apply for this patent?"

    1. Re:It's the application date that matters by Blob+Pet · · Score: 5, Informative

      if you look at the patent, it looks like december 2002.

      --
      "...today consumers have been conditioned to think of beer when they see a bullfrog..."
    2. Re:It's the application date that matters by Anonymous Coward · · Score: 0

      From the USPTO page (linked in the article):

      Inventors: Glasser; Daniel S. (Seattle, WA);
      Liffick; Stephen M. (Seattle, WA)
      Assignee:
      Microsoft Corporation (Redmond, WA)
      Appl. No.: 327384
      Filed: December 20, 2002

      So it was filed in 2002.

    3. Re:It's the application date that matters by jacoplane · · Score: 0, Redundant

      from the patent form:


      Inventors: Glasser; Daniel S. (Seattle, WA); Liffick; Stephen M. (Seattle, WA)
      Assignee: Microsoft Corporation (Redmond, WA)
      Appl. No.: 327384
      Filed: December 20, 2002

    4. Re:It's the application date that matters by Raunch · · Score: 1

      RTFP
      Date Filed: December 20, 2002

      --
      George II -- Spreading Freedom and American values, one bomb at a time.
    5. Re:It's the application date that matters by geekoid · · Score: 1

      thats why it is in the patent pending phase.MS could still use it.
      and it usually takes months, not years.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:It's the application date that matters by Aidtopia · · Score: 2, Informative

      The filing date on the patent is December 20, 2002.

    7. Re:It's the application date that matters by Locutus · · Score: 1

      they have a patent number. I don't think it's pending any longer.

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    8. Re:It's the application date that matters by Locutus · · Score: 5, Interesting

      what amazes me is that they filed this in Dec 2002 and in less than 10 months they were awarded the patent. AND there appears to be alot of prior art.

      Mabye the USPTO needs to start getting emails, from us, pointing out the prior art.....

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    9. Re:It's the application date that matters by Anonymous Coward · · Score: 0

      If you would like to inform the USPTO of applicable prior art that should have been considered in the prosecution of an issued patent, procedures are available which allow you to do so for free (not inter parte rexamination, which allows you to do the same thing for money). There is no guarantee that the USPTO will review or consider what you send, but its gets placed in the file history of the issued patent, which is publically available. Thus, in reality, a good samaratian who sends in prior art to the USPTO doesnt get anything in retrun, but when/if the patent is contested at a legal proceeding, the prior art is already there to assist in invalidiating the patent.

      On another note, i notice everyone around here seems to forget that to have any practical effect, a patent must be enforced in court. In my experience, a good percentange (30%) of patents do not make it though preliminary proceedings (Markman hearings, etc) without a substantial change in scope. Thus, it is unnessary to get agitated when a seemly bogus patent is issued, as a patent is only worth something if it can be enforced.

      A final note, i notice /. readers enjoy citing the abstract and spec of the patents to determine their scope. The scope of a patent is entirely determined by its claims, not anything else.

    10. Re:It's the application date that matters by drcln · · Score: 1

      Actually, this patent is a continuation of an application filed on July 21, 1999, so that is its effective filing date.

      BTw the parent applicaiton issued as Patent 6,519,639.

      --
      your gravity fails and negativity don't pull you through
    11. Re:It's the application date that matters by EM+Adams · · Score: 1

      Going by the posting time on this I will have to mod it Redundant.

      --
      Posthuman since 2001.
    12. Re:It's the application date that matters by customs · · Score: 1

      The patent authors are listed in the patent; maybe we ought to email the engineers listed at microsoft and ask them what they think of all of this. MS Email naming conventions are just the same as most other places: first letter, last name.

      They're in patent abstract, i'm sure they'll love to hear from us.

      Adam

    13. Re:It's the application date that matters by Anonymous Coward · · Score: 0

      You should know that a patent is published half a year or a year before the patent is granted. During this period you can protest against the patent. Of course you have to provide proof that invalidates the patent, otherwise your protest will be ignored.

      It would be nice when people start to read patents and helped the patent offices around the world in their search for prior art.

  28. in other news ... by Dreadlord · · Score: 1

    Microsoft announced today that it holds a new patent that grants it the rights " an OS feature that allows the user to move a piece of hardware called a Mouse(TM)(R) to control a pointer on the screen and issue commands. "

    WARNING: Mouse(TM)(R) is a registered trademark of Microsoft Corporation.

    --
    The IT section color scheme sucks.
  29. write/talk by jaredmauch · · Score: 1

    Seems like write/talk (for us *nix people) also did the same thing. Two systems that I learned a lot of my *nix skills on back "in the day", GREX and M-Net had a version of write that was written by Jan Wolter. The link to his version can be found here

  30. Which Patent Trumps? by hobbespatch · · Score: 1
    According to ZDnet.uk coverage of this news article ZDnet Article :

    Microsoft is not the first company to pursue a patent over IM. In December 2002, AOL subsidiary ICQ won a patent that claimed rights as the inventor of IM. AOL has not flexed its muscle on the patent, and competitive IM services remain active.

    So 2 questions, if AOL has the patent for IM how can MS patent a feature?

    If push comes to shove, which patent will trump the other?

    --
    Still Mud? Try www.phoenixmud.org!
    1. Re:Which Patent Trumps? by vidarh · · Score: 1
      This is fairly common. You can patent specific applications of or extensions to something that have already been patented if the aggregate process or device does not have prior art.

      In this case, anyone trying to implement and distribute IM products with typing notifications covered by the MS patent would (provided neither AOLs nor MS' patents are challenged and overturned) have to license both, while someone implementing IM without typing notifications would need to get a license only from AOL.

      It's a common tactic for a company facing patents on a product they produce registered to a competitor to try to license as many extensions or alternative versions as possible to force their competitor into cross licensing, and also fairly common for companies to do the same for the purpose of forcing people licensing their competitors patent to pay them royalties too by making the competitors patent more or less worthless on it's own.

  31. write? ytalk? by krinje · · Score: 0, Redundant

    What about all the real-time unix talk variants? I used them back in '90, '91 and could actually see what the user was typing!

    --
    "He treats objects like women, man!"
    - The Dude, The Big Lebowski
  32. Let's begin by JamesP · · Score: 1

    Enough! I am going to patent every useless thing starting now:

    Device for controlling the position of a computer cursor

    Method for entering text into a computer by a key matrix.

    C'mon gimme more ideas!!!

    this post used CAPS LOCK since the shift key is now a DMCA circumvention device...

    --
    how long until /. fixes commenting on Chrome?
    1. Re:Let's begin by Anonymous Coward · · Score: 0

      Just work your way through everything mentioned in Knuth's "The Art of Programming" and you should have the entire software market sewn up.

  33. Microsoft screwed itself (reference to US code) by yerricde · · Score: 2, Interesting

    If an inventor distributes embodiments of an invention to the public in the United States, the inventor must either have already applied for a U.S. patent, or he loses the patent (35 USC 102(a)). This patent was applied for in December 2002. I remember using a version of MSN Messenger with this feature in 2000.

    --
    Will I retire or break 10K?
    1. Re:Microsoft screwed itself (reference to US code) by Anonymous Coward · · Score: 3, Informative

      Wow, I wish I knew as much about Patent law as you did. Perhaps then I could realize that this patent was a continuation application that gets the priority date of its parent application (July 21, 1999).

    2. Re:Microsoft screwed itself (reference to US code) by FuzzyGuru · · Score: 1

      Hopefully, someone with half a brain cell will apply this. Of course, with the same token, why has this rule not been applied to a number of software patents then? (I'm sure people can list off a whole slew of them, if you ask). Canada has a similar ruling.

      So US & UK now have software patents.. What a joke. At least Canada does not have them yet.

      A patent is granted only for the physical embodiment of an idea--e.g., the description of a plausible door lock--or for a process that produces something saleable or tangible. You cannot patent a scientific principle, an abstract theorem, an idea, a method of doing business, a computer program, or a medical treatment.

      Also, you cannot patent a living organism in Canada (unlike the US & UK).

      --
      OK - who stole my duct tape?
    3. Re:Microsoft screwed itself (reference to US code) by yerricde · · Score: 1

      In that case, wouldn't Powwow and UNIX talk still count as prior art against at least a few of the claims?

      --
      Will I retire or break 10K?
    4. Re:Microsoft screwed itself (reference to US code) by Keeper · · Score: 1

      Don't know anything about powwow, but talk doesn't.

      This pattent covers a very specific way of showing activity to the user -- a message at the bottom of the screen "the user is typing"; talk just shows what the user is typing.

      You can't figure out what a patent covers from the summary. You just learn enough to know if you should be worried about it.

    5. Re:Microsoft screwed itself (reference to US code) by yerricde · · Score: 1

      This pattent covers a very specific way of showing activity to the user

      Not as I read it. Let me reproduce here the first claim of the patent:

      A method of indicating user input activity comprising:
      • receiving, at a first electronic device, an activity indication message indicative of a user having operated, within a predefined period of time, an input device associated with a second electronic device remote from said first electronic device;
      • rendering an activity indicator indicating that said user is currently operating said input device;
      • receiving a content message from said second electronic device, said content message comprising information entered by said user using said input device;
      • determining, based on receipt of said content message, that said user has stopped typing; and
      • ceasing to render said activity indicator based on said determining step.

      Wouldn't displaying what the user is typing count as "rendering an activity indicator"? Please feel free to pick apart the rest of the claim and show how it does not apply to anything released before MSN Messenger.

      --
      Will I retire or break 10K?
    6. Re:Microsoft screwed itself (reference to US code) by Keeper · · Score: 1

      Displaying the text would be "rendering user input", not "an activity indicator". Even if you did want to argue that they were one in the same, keep in mind the following:

      A patent doesn't cover all of those claims individually -- it covers all of those pieces together. The mere fact that something else has an activity indicator (ex: aim) doesn't mean that it applies to this patent (unless they were just patenting the idea of having an activity indicator, which they are not); what matters are the details of that implementation, which is what the patent covers.

      For example, not using a timer to govern the activity indicator's display would result in an implementation that does not fall under the patent. Having the client send a "user is not typing" message to remove the activity indicator wouldn't fall under the patent. And so on.

      If you can find something that implements ALL aspects of the claim, it would be prior art. If you find a piece of software that implements part of the claim, it is NOT prior art. If you can find a bunch of different pieces of software that fill parts of the claim so that they, in sum, cover the claim, it is NOT prior art.

  34. How about ICQ chat by radoni · · Score: 1

    ...where what you were typing actually showed up on the other person's screen? That sounds like notification to me.

    +40 roll of "duh"

    --
    SIGERR: laziness exceeds quota
  35. No doubt the MS press release will say..... by mormop · · Score: 3, Insightful

    This is another example of Microsoft's long history of "innovation".

    Errrr, couldn't agree more personally.

    --
    Hmmmmmm..... Deep fried and look like Squirrel.
    1. Re:No doubt the MS press release will say..... by Anonymous Coward · · Score: 0

      One fine day in Redmond, WA, Bill Gates was in a meeting. He stood up and announced "Excuse me while I go innovate".

      He walked to the bathroom and left the door open. Startled staff members could here him grunting as he "innovated".

      Upon walking out, he has that "light bulb" look in his eyes: "Let's innovate shit!"

  36. But the Microsoft feature is different by Anonymous Coward · · Score: 1, Funny

    Powwow never had Clippy tell you the other person was typing.

  37. how long has it been in AIM? a while now by johnpaul191 · · Score: 1

    i know AIM off and on would tell you "your buddy is typing"..... i don't know if it worked with certain versions or is part of another feature or what, but it's been in AIM for some time now too. Not to dismiss the other older ones, but AIM is so huge that they can't ignore it... and it's still in popular use. I don't think it shows up on Adium (for OS X) or other 3rd party apps, but it does for AOL's AIM app.

    1. Re:how long has it been in AIM? a while now by stasis00123 · · Score: 1

      It's in AIM direct connect sessions, and has been for quite a while. As it's been in every instant messaging client to some capacity for quite a while.

    2. Re:how long has it been in AIM? a while now by Squinky86 · · Score: 0

      Then why is it in my regular conversations? I don't have to be direct-connected to see that another user is typing. It's been this way for users of Win98se+ and Gaim for months.

  38. Innovation by imAck · · Score: 1

    I could see if they had pioneered some innovative new technology, and wanted a return on their research investment. When you think about the amount of resources that must have legally gone into this, to me it seems to indicate that the company is running out of ideas. I mean, winning the IM wars? If that's even part of your strategy at this point...

    --

    It's hard to tell the cool to chill, my favorite hotel room has a view to an ill.

  39. Re:Don't forget (actually) by PhiltheeG · · Score: 1

    Actually I don't remember Yahoo having this until version 5 or 5.5?

    I remember it distinctly because my girlfriend's Yahoo wasn't working so we had to default to (ugh) MSN messenger. We liked the Yahoo emoticons better but the only thing I liked about MSN messenger was the message that someone was typing a reply, thinking "wow, I wish Yahoo had that."

    --
    -Phil
    Shoot questions, first ask later...
  40. Re: First post by nekosej · · Score: 1

    Interesting. Maybe you should patent that idea of practicing what you don't preach (before I do) !

    Or patent the idea of patenting. I'd call it GARP (GARP's A Recursive Patent)

    --
    Never pet a burning dog.
  41. Chat with sysop.. by Garion911 · · Score: 1

    When I first started with modems and the like in 86 or so, every BBS I was on had a "chat w/ sysop" feature... Realtime typing... Though some folks could get ahead of the 300 baud that the was popular at the time.. So this predates my first experiences...

    It wouldn't suprprise me if the first computer to computer comminucations were a simple app that just sent whatever was typed to a receieving program on the other end.. ITs certainly one of the first things that I would do...

    --
    Slashdot is like Playboy: I read it for the articles
  42. Out with patents altogether by Broodje · · Score: 1

    Can someone who knows better tell me why we have patents these days? From all the expert witness and legalese and resources (money AND skill) to support the patent system you'd think as a nation we could redirect that energy to _making a better mousetrap_ instead of wasting time on protecting old ideas.

    There has to be another way of spurring innovation and protecting inventor's ideas without giving all our cash to these faulking lawyers.

  43. Phone on VMS? by matuscak · · Score: 1

    Sounds like the VMS phone utility from about 1979. IIRC, phone was a copy of something older from TOPS-20

  44. No Worries by mopslik · · Score: 1

    Powwow is gone, now, but that doesn't mean those features never existed.

    Also keep in mind that even though patents are often granted for what is obviously prior art, they can easily be revoked after a suitable demonstration -- in essence, as if the patent never existed. Also, the patent itself is fairly useless unless the owner tries to enforce it. For instance, AOL/ICQ haven't stopped other companies from developing their own IM clients. IMO, this one should be fairly easy to overturn if MS ever decided to try and sue anyone.

    Yes, the patent system is horribly flawed, but it's not the end of the world. Yet.

  45. Gee by jaymz666 · · Score: 0, Redundant

    What about TALK? It showed what you were typing when typing it!

  46. It's simple... by Anonymous Coward · · Score: 0

    What happened is simple. MS copied the program material from the back of an AOL "Free Hours" disk and changed the program just enough to avoid prosecution under the incomprehensible intergalactic intellectual property laws.

    Then, a much more wiley project manager dropped a copy of the program through a worm hole that went back in time and, so there by allowing Microsoft the sue for copyright infringement.

  47. BBS feature in 1990 by jsimon12 · · Score: 1

    Heck I remember having dialup BBS software that had this feature 10 years before MS filed for this.

  48. VMS Vax Talk by frode · · Score: 0, Redundant


    I used Talk on a VMS Vax machine in '94 and it was
    basicly an IM app. Heck the other user could see the letters as you typed them. So unless M$FT started the patent process before Talk was invented I'd say their SOL.

    --
    I have no .Sig
  49. Link to patent by ajakk · · Score: 4, Informative
    Here is a link to the patent itself: 6631412

    It should be noted that UNIX talk is specifically talked about in the patent and the advantages of this system over it are mentioned. This does not get around the apparant prior art of POWWOW. Remember that it is the claims of a patent that are important, not the abstract. It appears from quickly looking at the claims, that the broadest requirements are for client A to send a message to client B that client A is typing. Then client B must indicate that client A is typing. Finally, that message is turned off when client A sends another message that it is done typing. The initial typing message must be based upon typing within a predefined period of time.

    Any prior art asserted against this patent would need to have been in use on or before July 21, 1998.

    1. Re:Link to patent by Freeptop · · Score: 1

      I pointed out MIT Zephyr in a reply to a different post on this subject, so I'll just add to my earlier post by saying that MIT Zephyr was in use all over the world long before July 21, 1998.

    2. Re:Link to patent by X-rated+Ouroboros · · Score: 1

      Bravo for actually reading the article, ajakk.

      You have it slightly wrong. Client A sends an alert to Client B when something is input into Client A and continues to send the alert periodically so long as input occurs during the period. Client B displays an indication of activity on A when it recieves the alert and checks if it has recieved the alert periodically. If Client B has recieved no alert in the previous preiod, it clears the indication.

      Thus, Client B doesn't get stuck with a "$user is typing a message..." because $user got booted offline before Client A sent the no input alert. Client A goes offline, Client B stops recieving the input alert from Client A, Client B stops the indication.

      The "innovation" is that Client B stops indicating input when it stops being told to indicate input... rather than having it stop indicating input when it is told to stop indicating input, as ajakk describes.

      --
      Simple Machines in Higher Dimensions
    3. Re:Link to patent by Anonymous Coward · · Score: 0

      Babylon Chat (http://visopsys.org/andy/babylon), a GPL'd Java chat program, has had this feature for a long time. Not like 'talk' -- rather, just the way this patent describes. It's so obvious, even non-'innovative' OSS developers thought of it before Microsoft.

      Anyway, who cares. If they actually sue anyone, there will be hell to pay.

  50. Prior Art? by Lord_Dweomer · · Score: 1
    What I'm curious about is that in so many of these cases....people think up TONS of instances of prior art. But what can be done about it? Its not like you just go to the USPTO and say "hey, here's the prior art, their patent is invaldi". Does it have to go to court? If it does.....the only people with the incentive to knock out patents are those who intend to use the idea....rather than those who just oppose a company having one more patent.

    --
    Buy Steampunk Clothing Online!
    1. Re:Prior Art? by Lodragandraoidh · · Score: 1

      The critical time to kill a patent is during the discovery process. This means being involved and on the PSTO mailing list (if they have one) that publicizes new patent applications is a must.

      Then, if you identify prior art, you can send the pertinent information to the patent office before they make a decision.

      Once a patent is granted, only the courts can then nullify it.

      Additionally, I also understand that the patent office is a revenue generator for the Federal government - so there is little incentive not to grant a patent or spend a great deal of time searching for prior art. I get the feeling that alot of these large companies are not only using patents as a business tool, but also a tool to influence the Federal government vie the thousands of dollars they pay for patent applications each year.

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
  51. Gaim by Syris · · Score: 1
    Gaim also has this feature implemented now. I don't know how long they've had it, but it's a least a couple years.

    And it's Open Source!

  52. unix talk by kakapo · · Score: 0, Redundant

    Doesn't unix talk do this -- can't you see the characters as the other person types them.

    OK, it does -- just tried it between two accounts, and whaddaya know?

    I first used talk in 1990 -- I think -- when phonecalls across the Pacific cost an arm and a leg, and any sort of real-time communication over the net seemed just enormously cool.

    When Instant Messaging was suddenly the next big thing I had to smile -- talk and finger (back in the day when most sites didn't block finger requests) do much the same thing as an IM system with a central server. Right down to having an analog of the unix .plan "away message"

  53. morons release pateNTdead eyecon0meter to public by Anonymous Coward · · Score: 0

    doughmain.

    that's right those phonIE corepirate nazis won't benefit from yOUR kode on this won.

    of course, they are scared to debt/afraud of J. getting a whiff of the winds of change, which are bullowing at gale force. lookout bullow.

    consult with/trust in YOUR creator...

    you won't be needing any felonious payper liesense softwar gangsters' infactdead devices, in order to see the light/help with the increasingly popular planet/population rescue initiative.

  54. Blame the courts, not MS by dewdrops · · Score: 1

    Given that the courts are willing to grant patents for simple, obvious features which have been around for years, why wouldn't they go get a patent on it ?

    If nothing else, it protects them from other companies doing this and suing them over the ridiculous patent.

    The people to blame here are the patent office ad the US courts for continuing to not only grant these patents but also to enforce them.

  55. PowWow by vasqzr · · Score: 1


    I remember that from way back. People in the MSN chatrooms (the first MSN that came with Win95) would all join up in PowWow chats so they could trade files, etc.

  56. More at the onion by Anonymous Coward · · Score: 0

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

  57. Re:Gar by Planar · · Score: 1

    The patent system is like communism: in theory it is a good thing, but in practice it is so totally broken that it will soon collapse, destroying a large part of the economy in the process.

  58. So sue them by Anonymous Coward · · Score: 0

    The patent office doesn't care about prior art. This isn't the 19th century. If you have a problem with the MS patent then take them to court.

  59. Available since at least 1986... by Rorschach1 · · Score: 2, Informative

    That's the first I remember seeing it on a chat BBS, anyway. Lambda Switchboard software. At least two of the original systems are still online - I'm sure a few slashdotters know what I'm talking about. LOIS, TREX I, TREX II, and.. LOLA and LANE, I think?

    The DOS-based Lambda software was replaced years ago with the Unix-based Mu clone, but it's still got the idle indicator in the 'F'ull who listing.

  60. And how about 'phone' on VAX/VMS in 1983? by talexb · · Score: 1

    We took delivery of our VAX 11/780 in August 1983 and were thrilled with all the doodads on it, including 'phone' that split the screen and allowed each user to see what the other user was typing, in real time. And last time I checked, 1983 happened before 1999 when this patent was filed.

    Idiotic.

  61. In a recent story.. by 56ksucks · · Score: 1
    ..Microsoft is patenting the color blue for display on PC's. Microsoft now ownes the rights to the color code #0000FF. Anyone using this color in their operating system or web site will be in direct violation of the patent. Microsoft also has a patent pending for the letter "M". Which if successful not only means that non-Microsoft keyboards will be manufactured without the letter "M", but any operating system or software title that is not Microsoft may not use the letter "M" anywhere on the screen. This also applies to Web sites.

    ----

    --

    ---- "Excuse me. Where's the children's gun section?"

  62. Prior Art.... by borgheron · · Score: 1

    Yahoo Messenger has been doing this for a while..

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  63. History of "talk" by cheesedog · · Score: 3, Informative
    There is a very interesting post (dated Dec. 2002) by David P. Reed on the origin of 'talk' at: postel.org

    In short, this goes back to at least 1967. I'm sure there is no way our esteemed patent office could possibly have found prior art back that far, let alone what happened last week. Someone should alert them to the existence of google.

    1. Re:History of "talk" by statusbar · · Score: 2, Informative

      Remember that the role of the patent office is to NOT check for prior art. All they do is make sure that your invention is not a perpetual motion machine (and if it is, they dispatch the Men In Black to deal with you).

      Some people believe that the people checking for prior art is the court system. However, as seen in the Eolas case against Microsoft, Microsoft was NOT allowed to present proof of prior art to the court!

      --jeff++

      --
      ipv6 is my vpn
    2. Re:History of "talk" by acroyear · · Score: 5, Informative

      As I've posted time and again on every "patent on prior art" Slashdot post since 2000 at least: the PTO has gone on record (including in an interview here at slashdot a couple of years ago) to say that the only source they have or use for Prior Art investigations is their own database. If a patent application has been filed on it, there's prior art. If it hasn't, then there isn't any prior art and it never existed before.

      The PTO just automatically assumes that anything one person feels worthy of patenting is something that everybody else should have felt it worthy.

      That's it. No google, no interviews with field experts, nothing. If a patent's been filed, there's prior art. If not, then it passes the "new" test.

      --
      "But remember, most lynch mobs aren't this nice." (H.Simpson)
      -- Joe
    3. Re:History of "talk" by Anonymous Coward · · Score: 1, Interesting

      Though isn't that not what the law says? I'm pretty sure that the law DOESN'T require prior art to have been patented. Right?

    4. Re:History of "talk" by Anonymous Coward · · Score: 0

      In that case, the next time a company has to spend a lot of money to get a patent struck down, when there was ample prior art, that company should turn around and sue the patent office for their court costs.

    5. Re:History of "talk" by SirSlud · · Score: 1

      Who cares. The patent itself should not pass the 'trivial' aspect of the patent approval process.

      Showing a user that another user is typing is a minute, trivial, obvious feature built on top of existing technology.

      The patent system is broken beyond comprehension. Your post demonstrates one way in which it is broken, but there are a wack of other reasons why patents like this damage the technological ecosystem, not encourage it.

      --
      "Old man yells at systemd"
    6. Re:History of "talk" by mrtrumbe · · Score: 1
      What were the circumstances regarding the refusal of prior art as evidence in the Eolas vs. Microsoft case? Was there a reason that the prior art wasn't admitted, or are all prior art claims rejected by courts out of hand?

      I guess my question is: if the patent office doesn't check for prior art and the courts don't allow prior art as evidence, who the heck can check for and invalidate patents covering widely used technologies which existed before the patent was issued? Does the open source community need to start patenting every feature of their applications to prevent a company from later claiming the feature as their own via the patent office?

      I knew the patent system was screwed up, but this makes the patent system seem utterly worthless and geared toward corruption. Sick.

      Taft

    7. Re:History of "talk" by jfengel · · Score: 4, Informative

      In my limited experience, that's not entirely true. I had to fight like crazy with a patent examiner over a patent I obtained.

      He did nontrivial outside research in the field, much of it directed by the reference materials I included in the patent. At one point he stated that a particular claim was "obvious" after you've read five different sources in different domains which he only knew about because we referenced all five in the application. None of them were patented.

      From the Slashdot "IP is bad" standpoint you'd have to give him credit for the effort. He worked very hard to ensure that my patent was in fact non-obvious and not prior art. You really want a patent examiner that hard.

      Except I don't. If patents are being given out like candy, why should I have to fight for mine?

    8. Re:History of "talk" by Animaether · · Score: 1

      Because otherwise you're a hypocrit ?

      Seriously, you can't b*tch about a problem if it affects you negatively and then demand you be part of it if it affects you positively.

    9. Re:History of "talk" by hesiod · · Score: 1

      > If patents are being given out like candy, why should I have to fight for mine?

      Because J. Fengel (I'm assuming) != Huge Corporation

      You also made the mistake of giving them too much good information. Obscure the entire patent request with loads of irrelevant data and lists of very large, useless references, and it's a sure thing.

    10. Re:History of "talk" by Joe5678 · · Score: 1

      And the reasoning for this is pretty simply. Enough people will get screwed over by these patents to the point of people will patent everything, or at least file an application for everything, that way there is prior art on file.

      Number of patent applications triple... patent office makes dump trucks full of money. End of story, we lose.

    11. Re:History of "talk" by jfengel · · Score: 1

      Sadly, that may be more true than one would like to believe. I work for a startup, the old-fashioned kind where you work hard and make no money. Our lawyers were working on this largely out of the goodness of their hearts (though I certainly hope to pay them some day). But that put me in zero position from which to bully patent attorneys.

      Hey, props to the guy, I guess. Sic him on one-click-shopping and maybe the world would be a better place.

    12. Re:History of "talk" by Nucleon500 · · Score: 1
      As I understand it, they do check for prior art, but only the prior art which has been patented.

      One reason why software patents are so bad is that for the first 50 years or so of software development, nobody got patents. Then, the industry lawyerified, so the big companies are grabbing up all the patents for things which have been done before, but never patented. This new patent is a perfect example: obvious, as old as the hills (you can see someone's lips move before you hear their yell), but never patented. Microsoft could now (I'm not saying they would for sure) sue Gaim or AOL for that little green icon.

    13. Re:History of "talk" by tntguy · · Score: 1

      You had me going until you used "lawyers", "working", and "the goodness of their hearts" in the same sentence.

    14. Re:History of "talk" by statusbar · · Score: 1

      Could it be that Microsoft got this patent as a DEFENSIVE patent, so that someone like Gaim or Jabber doesn't patent something silly like this and sue Microsoft for $472 million? Or if they did sue Microsoft, they could sue back?

      --jeff++

      --
      ipv6 is my vpn
    15. Re:History of "talk" by spectecjr · · Score: 2, Informative

      Remember that the role of the patent office is to NOT check for prior art. All they do is make sure that your invention is not a perpetual motion machine (and if it is, they dispatch the Men In Black to deal with you).

      Actually, the role of the patent office is to determine if a patent application is valid before handing out a patent. If you read the Patent Officer's rulebooks and the associated laws regarding patents in the US legal code, you will indeed find that they have to do a reasonably exhaustive search for prior art in both the public domain and the patent catalogue.

      (All of these laws and guidelines, by the way, are available for you to read on the USPTO website).

      Simon
      (note: IANAL)

      --
      Coming soon - pyrogyra
    16. Re:History of "talk" by Anonymous Coward · · Score: 0

      The PLATO III system circa 1965 had a TALK program that enabled users to talk across the system between different terminals. And of course, this evolved into TERM-Talk in PLATO IV in 1973, after the Talk-O-Matic program gained popularity (as the first multichannel chat room).

      For more on this, see http://www.platopeople.com/termtalk.html

    17. Re:History of "talk" by Nucleon500 · · Score: 1

      I specifically said that I wasn't saying they would. I personally think it would be unlikely, because the installed base of free non-MS IM apps is so large that such a lawsuit would be a PR nightmere and would significantly hurt public opinion towards software patents. On the other hand, I don't want to be banking on MS's benevolence. I'd much prefer they not have that power in the first place. If corporations want to juggle money amongst themselves, they should trade baseball cards, not patents.

    18. Re:History of "talk" by crucini · · Score: 1

      Someone should alert you that you can read the damn patent before commenting. The patent specifically cites talk as prior art. It then claims a specific improvement over the method uses in talk, and justifies that improvement.

    19. Re:History of "talk" by pardonne · · Score: 1

      > He did nontrivial outside research in the
      > field, much of it directed by the reference
      > materials ... ...

      > If patents are being given out like candy,
      > why should I have to fight for mine?

      That's why good patent lawyers never include any references in the filed patents.

      Pardonne

    20. Re:History of "talk" by rifter · · Score: 1

      In my limited experience, that's not entirely true. I had to fight like crazy with a patent examiner over a patent I obtained.

      He did nontrivial outside research in the field, much of it directed by the reference materials I included in the patent. At one point he stated that a particular claim was "obvious" after you've read five different sources in different domains which he only knew about because we referenced all five in the application. None of them were patented.

      From the Slashdot "IP is bad" standpoint you'd have to give him credit for the effort. He worked very hard to ensure that my patent was in fact non-obvious and not prior art. You really want a patent examiner that hard.

      Except I don't. If patents are being given out like candy, why should I have to fight for mine?

      Because you are an individual inventor and not a Big Nasty Multinational Corporation with a Bond Villain for a CEO, that is why!

      IP law was created to help inventors. But now it is all twisted around so that the people who do not create new things are rewarded and the real inventors are punished, much as the real content creators are not rewarded but the people who steal their work are. It is about Money and Power and Lawyers now. Had you been able to afford a herd of Lawyers, YOU would not have had to fight for your patent. That is THEIR job.

      Of course this means that if an individual dares to invent something and cannot afford a Pack of Ravenous Evil WereLawyers they must do ten times the work the Ravenous Evil WereLawyers do without the benefit of being themselves a Ravenous Evil WereLawyer. This is in partbecause a Ravenous Evil WereLawyer can Look Menacing and get away with a lot, but the individual must work very hard to get noticed.

      You bet your ass when a patent comes from Microsoft the PTO pays some pretty good notice and hurries that one through, but if it is Joe Nobody, who cares if they shove him aside?

    21. Re:History of "talk" by statusbar · · Score: 1

      From http://www.xcf.berkeley.edu/~wei/viola/aboutEolasM icrosoft.html:

      Firstly, I was not allowed to demonstrate Viola to the jury. It was explained to me that the judge had decided that my demonstration, of the Viola browser from May 1993 showing interactive objects embedded in a web page, would have been too "prejudicial" against Eolas. I was also not allowed to tell the jury that Doyle knew about Viola. This I suppose is understandable but still puzzles me a little and leads to unfortunate effects, as I imagine the Jury ought to know these things. Lets not kid ourselves, everything said in court by both sides were certainly aimed at swaying the jury. But facts are facts, especially relevant ones.
      --
      ipv6 is my vpn
    22. Re:History of "talk" by Deusy · · Score: 1

      In my limited experience, that's not entirely true. I had to fight like crazy with a patent examiner over a patent I obtained.

      Yeah, but that's because you were obtaining a patent. Microsoft bought theirs.

      --

      Free Gamer - Free games list and commentary

    23. Re:History of "talk" by sql*kitten · · Score: 1

      Someone should alert them to the existence of google.

      You - and almost every other Slashbot posting here - have failed to understand what a patent is.

      A patent is not granted on an idea but on the implementation of an idea

      A patent is not its title, its title is its title.

      If you have patented a specific process for producing mangled widgets, does that mean that no-one else can mangle widgets without infringing? No, it only means they cannot use your specific technique. If someone invents their own unique widget-mangling technique, the fact that you have a patent entitled "A Method for Mangling Widgets" is neither here nor there.

      I also find it amusing that Slashbots get upset with Microsoft patents something, but cheer when someone else uses a patent against Microsoft. Double standard, anyone?

    24. Re:History of "talk" by crmartin · · Score: 1

      A little quibble, but this should be written as "no one could get patents." It took AT&T years to get the "setuid bit" patent granted.

  64. Old DECnet "phone" utility worked like that by Anonymous Coward · · Score: 0

    ...in that it could be started and showed everyone's typing in realtime, back in the early 1980s. It also alerted you when someone else was trying to reach you or connected.

    Some of the instant message antecedants go back quite a way and are very clearly ahead of anything Microsoft did.

  65. Is there a way by sgups · · Score: 1

    Is there a way for the common public (err I mean slashdotter type people) who are aware of prior art where they can tell the patent office
    'listen you dimwits, here is prior art to the feature you just granted patent for. The company who applied for a patent would obviously not point it out to you. So we are doing it. Now revoke the f*&^&%n patent'

    Lets not get into the story how the whole notion of patents is absurd.

    --
    Democratic USA - Government of the corporations, by the Corporations, for the corporations.
  66. uh dude... this is older than windows by netsavior · · Score: 1

    old school BBS chat programs showed ALL text as it was written, now we are talking 1981 technology from before MS even heard of networking...

  67. Citation of Prior Art by Anonymous Coward · · Score: 0

    35 U.S.C. sec. 301: Sec. 301. - Citation of prior art Any person at any time may cite to the Office in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent. If the person explains in writing the pertinency and manner of applying such prior art to at least one claim of the patent, the citation of such prior art and the explanation thereof will become a part of the official file of the patent. At the written request of the person citing the prior art, his or her identity will be excluded from the patent file and kept confidential. http://www4.law.cornell.edu/uscode/35/301.html

  68. Can you blame them? by Hellasboy · · Score: 1

    I might get flamed for this, but can you blame Microsoft? I hate MS and all that but if they don't file for junk patents like this then some other company will and end up with it and suing Moneybags (errr, Microsoft). So now instead of being sued by companies who could have had this obvious bad patent, they get to avoid court and avoid paying millions of dollars (ie. Eolas). The real question is whether they will try to go after other companies.

    It's been said before but the real problem is the patent system that grants patents like these in the first place.

    --

    "Tread softly because you tread on my dreams"
    1. Re:Can you blame them? by cens0r · · Score: 1

      I have to agree. When was the last time microsoft sued someone using their patent portfolio? When was the last time Microsoft was hit with a frivolous patent lawsuit? I think their motivation in this case is clear.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  69. Re:Microsoft Patent by Astrorunner · · Score: 1

    because it protects their "innovations." If you amass enough of these little stupid ideas, you can really lock other companies out. Spell check is a gay little feture that retard end users want -- imagine if you had a patent on that? You'd be one rich feller.

  70. public comment by Anonymous Coward · · Score: 1, Interesting


    Why the hell doesn't the Patent Office
    publish pending patents and allow a 90-day
    public comment period? They would issue a
    lot fewer embarassing patents that way.

    1. Re:public comment by Anonymous Coward · · Score: 0

      Because that would mean less profit. What an asinine question. The patent office does not care about 'embarassing patents.'

    2. Re:public comment by stanmann · · Score: 1

      What are you talking about, they get paid either way. You pay to file the patent, not to have it approved.

      Granted there are "maintenance fees" but they don't come due until 3.5,7.5 and 11 years after approval.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
  71. So? by Sir+Haxalot · · Score: 2, Interesting
    'an instant messaging feature that notifies users when the person they are communicating with is typing a message.'
    I really couldn't care less. This has to be one of the most annoying features put in an IM program, ever. The reasons for this are as follows:
    • Sometimes I might spend a while thinking out something I'm typing, if I do this it'll say '* is typing a messege', sometimes making the other user wait for me to finish what I'm typing, which I don't like.
    • Alot of humour in instant messeging is to do with timing, which is ruined if this is put into place.
    • It's pointless. I've yet to think of one reason to have it in any IM program, all it does is (slightly) bloat it.

    • Anyone on Slashdot actually like it?
    --
    I have over 70 freaks, do you?
    1. Re:So? by jamesangel · · Score: 1

      Yes; I know whether whoever I'm chatting to is actually going to respond, or has just nipped off to smoke a cigarette, drink some coffee, chat to someone else or whatever. I like to know whether I'm going to get a response soon or not, especially if there are several sessions open.

    2. Re:So? by Sir+Haxalot · · Score: 1

      Yes; I know whether whoever I'm chatting to is actually going to respond, or has just nipped off to smoke a cigarette, drink some coffee, chat to someone else or whatever. I like to know whether I'm going to get a response soon or not, especially if there are several sessions open.
      Could they not just have typed something and fergotten about it? That would be more confusing than anything.

      --
      I have over 70 freaks, do you?
    3. Re:So? by aredubya74 · · Score: 1

      Trillian recently added this aspect of AOL's client feature to their Trillian Pro 2.0 client. Since most of the folks I chat with use AIM, I've definitely noticed the difference in chat sessions. I catch when the person I'm chatting to is replying to my message, and hold back. I tend to type pretty quickly (all those years on MUDs did help :) ), considerably faster than most folks I chat with. Thanks to the feature, I can avoid spamming them with further chats while they reply to mine. It makes for better conversation.

      --

      RW

    4. Re:So? by cK-Gunslinger · · Score: 1

      1) I'm sure it could be enabled/disabled easily in an IM client.

      2) It helps with the "short attention span" of some IM'ers - like my brother who will ask me a question, then IM me at least 2-3 more times while I'm typing my response. (usually consisting of "helo?" and "r u still there?"

      3) IM is being used more in businesses. While some miscommunications can be humourous due to timing, they can also cause problems. That argument is like lobbying against Intel fixing their Pentium bug "because it's funny to see calculator producing wrong results, tehe."

      4) Why is eveyone against features? Yes, I can appreciate a small, efficient app that does only 1 task, and does it well. But I can also appreciate apps that are robust and include features that a lot of people find useful and can improve the user experience.

    5. Re:So? by autechre · · Score: 2, Insightful

      I like it for some of the reasons listed above, but if you're using a client such as GAIM, you can always disable it (so people can't see when you're typing and vice-versa). I also type/respond more quickly than most people with whom I converse, and this helps me know whether they're composing a reply to something I just said (so I don't waste time trying to clarify, only to have my answer be half complete when their reply happens, or worse, appear right after their reply. Race conditions suck :)

      --
      WMBC freeform/independent online radio.
    6. Re:So? by Zalminen · · Score: 1

      Me. This is quite useful when i'm chatting with someone who is a much slower typist than i am (such as my gf). Without this feature we often end up having multiple conversations going on at once when she is still writing a reply when i change the subject. Of course this feature has it's downsides as well (for example when i first type something and then decide i don't want to send that message after all). So... i can live without it, but it can still come in handy.

    7. Re:So? by Blimey85 · · Score: 1
      Anyone on Slashdot actually like it?

      I actually like this feature a lot. I'm not a fan of Messenger overall but I have to use it on a daily basis to communicate with some of my clients because it's the only IM client they use. When I type a message and then they start to reply, I can instantly see that they are typing. That lets me know that they a) got my message, b) are replying, and c) I need to wait until they finish before writing again. When I'm communicating with other peopel who type quickly, it's not needed but most of my clients type with one or two fingers and they take quite a while.

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    8. Re:So? by vacuum_tuber · · Score: 1

      Sir Haxalot wrote:

      Anyone on Slashdot actually like it?

      Yes. It lets me know that the other person hasn't died. Jeez, I really hate it when that happens, especially after typing for minutes only to learn that it will never be read.

      --
      Look at the bright side: there's always seppuku.
  72. Amazing by EmagGeek · · Score: 1

    What's even more amazing is that MS can get a patent from filing to grant in only 10 months...

    It takes the rest of us 4 years...

  73. ichat has this too by Anonymous Coward · · Score: 0

    Apple's iChat program using the AIM protocol pops up a text box with ... when someone is typing a message.

  74. This is not as good as the prior art by iabervon · · Score: 1

    The patent specifies an implementation where the client sends out a message on a regular basis if the user has typed anything since the last message. The prior art I know of either sends out the characters as they're typed (not based on an interval, and including the typed characters), or sends a message when the user starts typing something that hasn't been sent.

    To avoid infringing on this patent, you just have to do something more useful than MS has patented. Off the top of my head, I'd suggest sending a message when the user starts typing a line and sending another message if the user cancels it or doesn't type anything for a certain interval. Less traffic, more accurate, and it's not patented.

    1. Re:This is not as good as the prior art by Anonymous Coward · · Score: 0

      It is now! :)

      Feel free to offer any other ideas

  75. Re:Don't forget (actually) by vasqzr · · Score: 5, Funny


    I remember it distinctly because my girlfriend's Yahoo wasn't working

    Don't worry, it happens to everyone.

  76. Patent dates back to at least 1999... by Xentax · · Score: 2, Insightful

    As shown in the PTO hyperlink in the article, "This is a continuation of U.S. patent application Ser. No. 09/359,337, entitled "System and Method for Activity Monitoring and Reporting in a Computer Network," filed on Jul. 21, 1999 now, U.S. Pat. No. 6,519,639."

    On a personal note, there is CLEARLY prior art --as others have said talk/ytalk had this. Heck, a direct modem connection with a friend and seeing each other type exhibits this behavior even though that's hard to lump under the context of "An IM session".

    This really feels like a defensive patent, not something they could turn around and sue AOL or Yahoo (or even Trillian or Jabber) over.

    Xentax

    --
    You shouldn't verb words.
  77. Prior art doesn't count anymore. by crovira · · Score: 1

    Unles something has a USPO ID# after it, its fair game to get a patent.

    The USPO doesn't do any research anymore. That takes time and costs money. Prior art is no longer a meaningful concept. The USPO doesn't get money for refusing patents, it get money for granting them.

    It grants them so shoddily that they aren't actually worth the paper they're written on. I bet you could patent "One Click" again.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  78. Another Troll by Anonymous Coward · · Score: 0

    YAMSBT--

    Yet another MS bashing troll. Get over it. Patents are only awarded after going through a very rigorous process, and can be revoked under the same process.

  79. don't count out icq by thexdane · · Score: 1

    i remember when icq first came out you could see what the other person was typing. hell even going back i remember being able to see what a person was typing when chatting on a bbs, i think even talk on our favorite family of os's allows you to see text being typed.

  80. Thousands of Minitel services did it by chrysalis · · Score: 3, Informative

    About 10 years ago, thousands of free and non-free Minitel (french bbs-like) servers did it.

    Including real-time chat that let you see every key stroke of other users.

    --
    {{.sig}}
    1. Re:Thousands of Minitel services did it by Anonymous Coward · · Score: 0


      (for those who don't know, minitel was infamous for being used as a gay singles bar during the early 90's. Nico Claux even used it to meet his victims before killing and eating them.)

  81. Push won't come to shove. by JMZero · · Score: 1

    And that's the whole point of this.

    Both companies (MS and AOL) like to have a stock of wacky patents. It protects them from each other, and from other real software companies (pretty much all of which have patents on something). They all know that a patent war would be Mutually-Assured-Destruction-by-1000-Year-Litigati on, so they lay off bludgeoning each other with stupid patents like this one.

    The only time software patents have really been problems is when they are held by a company that doesn't produce a lot of software. These companies (like Eolas) can extort money without fear because they can't be extorted in return (they can't violate patents because they don't create anything).

    My solution? 3 year limit on software/"business method" type patents.

    --
    Let's not stir that bag of worms...
  82. WTF Mod Parent Down !!! by Grummet · · Score: 1, Flamebait

    what the hell?
    this is informative?

    ok, so now everyone who just says things like
    "This sucks. You all knew that. Just thought I'd say it too. My boring comment." ...is informative?

    ridiculous.

    1. Re:WTF Mod Parent Down !!! by Tyreth · · Score: 0, Offtopic

      I was not at all expecting to get modded up for what I said. There was nothing at all useful in my post. So, I agree with you! Amusing though.

    2. Re:WTF Mod Parent Down !!! by D'Sphitz · · Score: 0

      yeah and everyone loves reading your gripes about moderation. does it really ruin your day because slashdot points arent handed out according to strict guidelines? who fucking cares stfu.

  83. PowWow by malachid69 · · Score: 1

    Don't forget that it supported text-to-voice. That was my favorite feature. I could be off doing something else and hear the whole message before I had to switch windows to respond.

    But, I thought PowWow let us see the other person type, not just tell us they are typing?

    It's really too bad Tribal Voice is no more. It was definitely my favorite chat program.

    Malachi

    --
    http://www.google.com/profiles/malachid
  84. That's okay by pridkett · · Score: 1

    This is essentialy a patent that MS can't really enforce, at least not to take out AIM or ICQ. The reason? AOL owns the patent on instant messaging. I don't see what good an instant messaging typing indicator is if you can't do instant messaging in the first place.

    Ah yes, the patent system sucks.

    --
    My Slashdot account is old enough to drink...
  85. Re:LISTEN YOU NINNIES by nate1138 · · Score: 1

    OK Troll, I'll bite.

    It isn't the "information age" that is causing the problem. It is GROSS incompetence on the part of the patent office. They are not doing their prior art searches thoroughly enough. Government stupidity is a universal constant, and has nothing to do with information having value. If you recall, patents have existed for far longer than the "information age". The problem isn't the system, it's how it is being applied.

    --
    Where's my lobbyist? Right here.
  86. MS likes patents... by mraymer · · Score: 1
    Perhaps this is one of the reasons they are so quick to actually obey the law regarding patents; it won't make them look as bad when they decide enforce their own patents if they can shown that they, too, obey patents.

    It's kind of interesting, in a morbid sort of way, that due to patents, copyright, DMCA, etcetera, innovations made in the past wouldn't be possible with the laws we have today. For example, others here have often pointed out how under current laws, no one could have reversed engineered the IBM-PC to build clones.

    It's beginning to look like innovation in the computer industry will be replaced by stagnation. At least, that's how I see it, and I hope I am mistaken.

    --

    "To confine our attention to terrestrial matters would be to limit the human spirit." -Stephen Hawking

  87. BBS by Deemus · · Score: 1

    The first thing I can think of is old dial up BBS software from the 80s. A SysOp would be able to start a chat session with a user online and depending on the BBS software, see what the person was typeing as they typed it. WWIV, Celerity BBS, LSD BBS, PCBoard BBS, Vision-X, and a million others ALL had this feature. Worldgroup BBS from the late 80s had the ability to have up to 32 users online at the same time and ALL see what everyone was typeing if you joined the appropriate chat room. These pieces of software were ALL DOS based, existing before windows and internet instant messageing was even a glimer in someone's eye.

  88. Criminal at this point by kenp2002 · · Score: 3, Interesting

    It is obvious that the patent office is ignoring the prior art clause. Why not just file a criminal charge against the staff of the patent office and use the law to stop this kind of behavior. If the office is failing to perform it's job why not confront it in a court of law? Hell you could push as far as treason if need be (only takes two witnesses last I checked) as a conscious act to undermine the Constitution, federal law, and confront it as an act of economic sabotage. There are plenty of ways to confront the problem. I find it odd that the EFF and ACLU have not touched the Patent Office in earnest. What is protecting the Patent Office such that even basic avenues are not used? At the point that the Patent Office has ignored it's purpose I would most likely pursue legal action first based on ignoring the law and establishment of the "Prior Art" rules and if there is still no change after that, move to the treason avenue. Sad to say that treason is becoming more and more reasonable when looking at the larger picture of the Patent Office problems.

    --
    -=[ Who Is John Galt? ]=-
    1. Re:Criminal at this point by Peyna · · Score: 1

      You can't just go over the head of an organization like that, you have to exhaust all your options within it first. If they tried to go to the courts outside of the Patent Office, then they would just be referred back to the Patent Office.

      It's like the IRS, you deal with all of their people and climb your way up before you can get to anyone outside of the IRS to work with your problems.

      --
      What?
    2. Re:Criminal at this point by Anonymous Coward · · Score: 0

      so why has nobody done this against Bush and his cronies then? or did they myteriously slash their wrists while shaving?

    3. Re:Criminal at this point by kenp2002 · · Score: 2, Interesting

      Good point but couldn't you circumvent the organization and directly address the staff? Law states that regardless of wether it is policy or not an employee is not "protected" from criminal liability if they commit criminal activities as part of their job. The only group I know that has some level of protection from that is the military and intelligence community. Not even the president is protected from that (Nixion as an example.)

      --
      -=[ Who Is John Galt? ]=-
    4. Re:Criminal at this point by vacuum_tuber · · Score: 1

      kenp2002 wrote:

      It is obvious that the patent office is ignoring the prior art clause.

      No shit, Sherlock!

      Why not just file a criminal charge against the staff of the patent office and use the law to stop this kind of behavior.

      Ordinary citizens can't file criminal charges. You'd have to speak with the office of the U.S. Attorney for that. Or the Justice Dept.

      If the office is failing to perform it's job why not confront it in a court of law?

      I'm all for it, but it's not that easily done.

      Hell you could push as far as treason if need be (only takes two witnesses last I checked) as a conscious act to undermine the Constitution, federal law, and confront it as an act of economic sabotage.

      I'd favor the "enemy combatant" approach, myself. Ship the damned patent examiners off to Guantanamo Bay for dentention and interrogation.

      There are plenty of ways to confront the problem.

      There are? Name a few that have a legal basis, a chance of working, and are affordable.

      I find it odd that the EFF and ACLU have not touched the Patent Office in earnest.

      The EFF has its hands full. The ACLU isn't about defending the Constitution -- it's about tearing American culture and society apart using the Constitution and willing courts as tools.

      What is protecting the Patent Office such that even basic avenues are not used?

      Obscurity? Someone else posted (in another topic) enlightening comments about the mentality that is bred and perpetuated within the Patent Office. It's very ugly. It's one of the few good justifications for capital punishment I've ever heard.

      At the point that the Patent Office has ignored it's purpose I would most likely pursue legal action first based on ignoring the law and establishment of the "Prior Art" rules and if there is still no change after that, move to the treason avenue.

      I'm sure I speak for everyone when I say that we are in full agreement and urge you to proceed. Please post progress reports here on slashdot.

      Sad to say that treason is becoming more and more reasonable when looking at the larger picture of the Patent Office problems.

      Indeed. Veritably gnawing away at the foundations of the Republic, they are. Not to mention aggravated cluelessness, which also seems to abound.

      --
      Look at the bright side: there's always seppuku.
    5. Re:Criminal at this point by cyril3 · · Score: 1
      Do you feel stupid yet? Look at the bright side: there's always seppuku

      Its a bit unfair to compare him to some Japanese chick he probably doesn't even know.

    6. Re:Criminal at this point by vacuum_tuber · · Score: 1

      cyril3 wrote:

      Its a bit unfair to compare him to some Japanese chick he probably doesn't even know.

      Good one! I liked that!

      In any case it's just a sig, not directed at any particular poster. It's a shame I can't make the word into a link. It doesn't seem to be allowed in sigs.
      --
      Look at the bright side: there's always seppuku.
  89. Ah-HAH by Xentax · · Score: 4, Informative
    Wonders never cease, I decided to continue Reading The Frickin' Article, and found some useful tidbits.

    "Unlike telephonic communication, when participants know that a person is speaking, participants in an instant messaging session do not know that somebody is preparing a message for transmission. Without a cue that the other person is transmitting information, it is difficult to have a smooth conversational flow. One mechanism that addresses this problem is employed by a UNIX "talk" program, which performs a character-by-character transmission of an instant message. That is, each time individual types of a single character on the computer keyboard, that character is transmitted to all other participants in the instant messaging session. Because other participants are essentially watching the person type, there are clear cues that a user is "talking."

    However, this approach has several limitations. First, character-by-character transmission greatly increases the flow of network traffic because each character requires one or more data packets to be sent to each participant in the instant messaging session. In addition, many users do not like to be "watched" as they type, as their typing errors and incomplete thoughts are transmitted before they can be corrected. Finally, message recipients are often distracted by watching the flickering screen in which characters appear one time as a complete message is formed. Therefore, it can be appreciated that there is a significant need for a system and method that will provide the desired notification of user activity in a computer network. The present invention provides this, and other advantages, as will be apparent from the following detailed description and accompanying figures."


    So the claimed innovation here is simplifying real-time, continuous updates by just sending activity updates. Hmm. I'm not sure that really passes the tests for either "obvious" or actually "innovative", but at least they address talk.

    Xentax
    --
    You shouldn't verb words.
    1. Re:Ah-HAH by oo_waratah · · Score: 1

      What about the nagle algorythm for Telnet then?

    2. Re:Ah-HAH by Xentax · · Score: 1

      That certainly addresses the technical aspects of it, but there's still the bit about "many users do not like to be "watched" as they type, as their typing errors and incomplete thoughts are transmitted before they can be corrected."

      Xentax

      --
      You shouldn't verb words.
  90. What about terminal mode? by nexusone · · Score: 1

    On my first computer(1984)I a 300 buad modem, I would connect with friends to chat over the modem and we would see what each other typed in real time. Later I started a BBS and could break in and chat in real time with who ever was on it and then let them go back to their BBS session.

    --
    Wise men speak because they have something to say, Fools because they have to say something!!!!
    1. Re:What about terminal mode? by lullabud · · Score: 1

      that's the first thing i thought of. i'm not as old-school as 1984, but when i was a teen playing around with old 8086's in the early 1990's (poor kid) i had a 2400 baud modem that let me chat and see as others were typing in real time. man, if i'd only known that I could've patented that behavior! so... i wonder how i can make my million patenting other present day accomplishments...

  91. AX.25 Prior Art by opusbuddy · · Score: 1

    Assuming that TCP/IP over AX.25 (e.g. "ham" packet radio), then TNOS has had this feature since the mid to early 90's...

    72 de Mike, KO4WX

    --
    If this were easy, they wouldn't need us to do it!
  92. MOD PARENT UP. by lord_nightrose · · Score: 0

    Because everybody here knows it's true.

    --
    This is not part of my post. It's my signature. I bet you're disappointed.
  93. Re:LISTEN YOU NINNIES by Anonymous Coward · · Score: 0

    Could it be that information *is* what's valuable now and that patents *are* worth their wait in gold, but that people are complaining when companies are given *bad* patents? Wouldn't this sort of be like a company counterfeiting money and have absolutely nothing to do with the value of the thing being amorally obtained?

    I apologize for not including any curses in the above post. If you're feeling low, I'll include a few below:

    Bullshit dumbass motherfucker.

    Welcome to reality where information is valuable and ethics are dying.

  94. Still more prior art: 1987 or so. by sommerfeld · · Score: 1

    MIT's Project Athena developed the "Zephyr" notification system (which is also used for what was later called instant messaging) in 1987 (see Feb. 1988 USENIX conference proceedings for paper). It also gives the recipient warning that a message was being composed.

  95. Even OLDER older prior art by cheesedog · · Score: 2, Informative

    It didn't appear in BSD until 4.2, but it appeared as early as 1962 on Dartmouth BASIC (GE 635).

  96. Talk by joelwest · · Score: 0, Redundant

    Have we forgotten talk? Ytalk? Xtalk?

    Jeezus!

  97. Re:Microsoft ..(correct reference to US code) by Anonymous Coward · · Score: 0
    Wrong. You forgot the bold part:

    the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States

    The inventor has one year from the time of offering for sale (or describing in a printed publication) to apply for a patent.
  98. Another obvious patent by GreenCrackBaby · · Score: 5, Insightful

    I'm not so much bothered by the prior art issue -- I have a much bigger issue with this patent. I'm willing to bet that if you were to take an average programmer and ask them "how can I modify this IM program so that the person you are talking to knows that you are currently typing without actually sending each character as you type it?", they'd come up with the exact same solution as described by this patent.

    Unlike many on slashdot, I actually believe there are some scenarios where software/algorithm patents are applicable. However, the standard questions still need to be asked: does this do something useful, and is the implementation non-obvious? Why (aside from purely financial reasons) are patents like this being granted?

    --

    "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
    1. Re:Another obvious patent by MosesJones · · Score: 1

      Easy...

      Just make the two people sit REAL close together so they can look at each others keyboards.

      --
      An Eye for an Eye will make the whole world blind - Gandhi
    2. Re:Another obvious patent by ChaoticPup · · Score: 1
      I'm willing to bet that if you were to take an average programmer and ask them "how can I modify this IM program so that the person you are talking to knows that you are currently typing without actually sending each character as you type it?", they'd come up with the exact same solution as described by this patent.

      Yeah, if you ask them that question... But part of the invention process involves coming up with the question in the first place (ie, realizing the utility of such a feature).

      Having dealt with quite a few technology patents myself, I feel the novelty/utility on this one isn't unreasonable (considered in a prior art free vacuum). I haven't done (and don't plan to do) a thorough analysis of the patent vs. prior art -- but I suspect it may well fail that test.

      Nothing that we really need to worry about though, let AOL's lawyers or Yahoo's take that one on. If there's really sufficient prior art, they'll use it to render the patent useless.

      I, too, feel there is a place for software patents -- and I'm amazed at the uproar this kind of thing generates in here. Instead of whining, why don't y'all do something about it? Come up with a Free Technology Foundation that publicly discloses "inventions". Come up with the ideas first, describe them thoroughly, disclose them publicly, and no one will be able to patent them. End of problem. Assuming, of course, that you can come up with the ideas first rather than saying "I could of thought of that" AFTER the fact...

      --CP

    3. Re:Another obvious patent by GreenCrackBaby · · Score: 1

      "But part of the invention process involves coming up with the question in the first place (ie, realizing the utility of such a feature)"

      You are blurring the line between inventing and patenting, I believe. Yes, the invention process generally starts with a question along the lines of "How can I...", but the patent process covers the answer to that question, not question itself.

      --

      "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
    4. Re:Another obvious patent by Mr.+McGibby · · Score: 1

      does this do something useful, and is the implementation non-obvious?

      I'm as anti-software-patent as anyone on slashdot, but the implementation has never needed to be non-obvious. The problem might be non-obvious. Take PCR for example. Looking at it, most biologists would say, "well of course, I could've thought of that". The answer of course is, "Well then, why didn't you?"

      --
      Mad Software: Rantings on Developing So
    5. Re:Another obvious patent by ChaoticPup · · Score: 1
      You are blurring the line between inventing and patenting, I believe. Yes, the invention process generally starts with a question along the lines of "How can I...", but the patent process covers the answer to that question, not question itself.

      Although we may be speaking in sematics here, I respectfully disagree.

      First, the line between inventing and patenting is already sufficiently blurry: A patent document is really nothing more than a legal description of an invention. An issued patent, of course, carries with it certain privileges, but I'm talking about the text and drawings of the document itself.

      Secondly, while the patent application is generally focused on "the answer" as you say, it must also establish utility - which invariably means that the question(s) being answered must also be well defined in the document.

      Many technology inventions (and resulting patents) come about because someone comes up with the question as well as the answer. Not necessarily in that order, of course - sometimes the question is reverse engineered from a cool answer that "must be good for something." You can invent the coolest device in the world - but until you can describe what it's useful for (the question), you will not [should not] be issued a patent.

      I'm gone through hundreds of technology patents in agonizing detail, and it's been my observation that the original question is often less obvious than the answer (once the question is raised) - which was the main point I was trying to make.

      --CP

    6. Re:Another obvious patent by the+bluebrain · · Score: 2, Interesting
      • "how can I modify this IM program so that the person you are talking to knows that you are currently typing without actually sending each character as you type it?"
      I agree, in principle. But I would formulate the question more broadly in this case:
      "When I'm using IM it find it annoying that I always get interrupted when I'm typing a long post and the other guy puts stuff in between. It makes the conversation disjointed. Same if the other guys writing a long post: I can't tell if he's typing or just gone to the toilet.
      Any ideas?
      "

      Now *that* makes the solution obvious. Any /.er could probably come up with half a dozen on the spot, and this "innovation" would feature among them in 90% of the cases.

      Feh! I say, feh!
      --
      yes, we have no bananas
    7. Re:Another obvious patent by NoOneInParticular · · Score: 1
      Yes, but the fact that the question might be the hardest part, does not mean it is actually protected by patents, nor that it should be. If you scan patent databases you will find tons of patents of the good old engineering kind that each solve exactly the same problem in different innovative ways. No one is/was for instance able to patent the general device for recording television programs, though you will find tons of patents on how to do this with ever increasing effectiveness, using newer and better technology. Imagine the question on how to wash clothes without doing manual labor being patentable, the question how to talk of large distances, the question of letting a machine do automatic calculations, the question how to send data fast over a cable. Imagine that coming up with the idea of a beowulf cluster and a single implementation would mean that anyone with competing implementations would have to pay the one that came up with the idea.

      So, yes, coming up with the right question is the hard part, yet it is not a good idea to be able to protect utility in itself. This would make progress impossible. Unfortunately it seems the USPO thinks differently.

    8. Re:Another obvious patent by Trejkaz · · Score: 1

      Easy enough test, I haven't had time to read the patent yet, and I'll figure out how to do it.
      (1) When the length of text in the text field changes from 0 characters to 1 or more characters, send a "user is typing message".
      (2) When the length of the text if the text field changes from 1 or more characters to 0 characters, send a "user is not typing message". Or just use the message itself as that signal. Either way.

      Or you could use an appropriate timeout to send 'user is not typing' message after 30 seconds to cope with the user walking away during the message. (shrug)

      Was it close?

      --
      Karma: It's all a bunch of tree-huggin' hippy crap!
  99. Are there no Pentaties? by StillNeedMoreCoffee · · Score: 1

    I think it is clear from comments here and general knowledge that this patent was probably issued in error as there seems to be substantial prior art here.

    Are there no penaties for requesting a patent on something that has prior art? Or is this an effective strategy to claim jump IP because of the cost for overturning someone elses patent. In the case of POWWOW, there may not be anyone with enough interest to persue it.

    It may only come down to those effected, that would have to pay a licence fee . Then the econonimics might be that to pay the licence fee might be cheaper than the legal costs to fight the patent claim. It that is the case and people don't fight it on principle then the claim stands and the claim has been Jumped. I hope this is not the thinking here behind appying for the patent. But certainly they can't reasonably think that it was their original idea, can they?

  100. ICQ by Anonymous Coward · · Score: 0

    i remember back in the original ICQ days.. i have a 6 digit ICQ number still.. you could watch what they wehre typing... that was way before '96.

    so microshaft can take their ram rod and shove it up their ass.

  101. Re:morons release pateNTdead eyecon0meter to publi by Anonymous Coward · · Score: 0

    link? plz kthx

  102. Re:Phone on VMS? [Off-Topic] by Lifewolf · · Score: 1
    Sounds like the VMS phone utility from about 1979.

    What my friends and I found most amusing about "phone"--way back in the days of vaxen--was that it was not an "application". No, nor was it a "utility". Instead, Digital called it a "facility".

    Right there in the computer lab, on our first day of college, my new found friends and I vowed to only write facilities from that day forward. It's worked out about as well as you might expect.

    --
    "Be Happy or Die." -- AoN
  103. looking forward to the demise of corepirate nazi, by Anonymous Coward · · Score: 0

    payper liesense stock markup FraUD execrable.

    that's right. the momeNTdumb caused buy the decades of deception that has proceeded US, will be replaced by a GENUINE momentum such as has never been seen before.

    you won't need any vehicles/model rocket cams to see the light.

    for each of the creator's innocents harmed, there is a badtoll that must/will be repaid by you/US, as the perpetrators of the corepirate nazi life0cide against humankind will not be available to make reparations after the big flash occurs.

    consult with/trust in yOUR creator... more breathing. that's the spirit (literally) moving you.

    morons recommend warning labels for computers, (Score:-1, Troll)
    by Anonymous Coward on Wednesday October 08, @08:14AM (#7161705)
    voting systems, stock markup FraUDs, etc....

    computers:

    the fcc has warned that this device may contain softwar nazi kode stolen buy phonIE corepirate nazi felons. use may cause immeasurable embarrassmeNT, & likely bankruptcIE.

    polling booth:

    please be advised that most of the fauxking 'candidates' either have outstanding felonIE/grand larcenIE charges, or are associated with/sponsored buy, those who do.

    stock markup:

    contributions to this pyramid scheme have been proven to be used as a method to reduce/eliminate yOUR choices, &/or to hold yOUR hardearned capitoll hostage, prior to robbing you/US bullined.

    the lights are coming up now. you know where to look. see you there.

  104. powwow was great... by arock99 · · Score: 0

    first program i ever used (before ICQ) to chat with....I think the patent law for computer software in general is a joke and really needs to be dealt with in a different manner. Obviously the law need to catch up with the times. I mean for all i know this could be my last message to slashdot for all i know if someone out there says they own pattents to forms (I wouldnt be surprised if someone somehow did). Although a form could be described as a bunch of data generated automatically along with some from user input sent to a server and a respond with new data is given back to the user....which would cover BBSes....

  105. Patent law? by abertoll · · Score: 1

    ICQ allowed this at some point (but I don't remember if it was before or after msnMessenger), and obviously AOL allows this now on AIM after you "directly connect" to someone.

    But besides all that, do patent laws require that the *thing* not have existed before? I thought it was whoever was the first one to register a patent that got it.

    And of course, as it seems happens too often these days: this patent is WAY too general and basic to not cause future trouble.

    --
    "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    1. Re:Patent law? by vacuum_tuber · · Score: 1

      abertoll wrote

      But besides all that, do patent laws require that the *thing* not have existed before?

      Yes. It's an intrinsic part of the concept of patent.

      I thought it was whoever was the first one to register a patent that got it.

      You must be from latin America. That's the way property registration works there when the same piece of property is sold to more than one buyer.

      I thought it was just a turn of phrase to ask if someone had lived in a cave all his life. I had no idea...

      --
      Look at the bright side: there's always seppuku.
  106. This feature started in the 60s at least by Pedrito · · Score: 1

    Isn't this what a teletype and all those other typewriter/printer communication devices did? I mean come on.

    1. Re:This feature started in the 60s at least by Pedrito · · Score: 1

      I take it back. It's been around since the 1907. Who's going to patent the automobile because the design has changed so much since Ford build his cars.

  107. Even earlier by Roadkills-R-Us · · Score: 1

    Before unix's talk there was a VMS command (phone?) that was similar. There were all sorts of similar things at universities - (one was started by a pysch prof, of all folks, at GA Tech).

  108. RTFP by Godeke · · Score: 5, Informative

    If you read the patent, you will see that TALK and other prior chat systems are mentioned in the references and body of the patent. The specific "innovation" here is that the system polls for activity on a timer, and turns on and off the "user typing" message based on activity during the timer period.

    While I think that it is absurd that this was granted, it is not any of the things being thrown around on /. as prior art. Even Yahoo's "user is typing" simply toggles on and never turns off if you abandon typing. Is polling periodically obvious? Surely. Remember, the USPO is a profit center, and granting obvious patents brings profit to both them and patent attorneys, so there is no motivation not to allow such simple changes to be patented.

    --
    Sig under construction since 1998.
    1. Re:RTFP by Peyna · · Score: 1

      AIM does this as well, it will say "JoeBob is typing a message." and if he pauses it will say "JoeBob has entered text."

      I think it's BS anyway though, but it's not like its a feature that other services would die without.

      --
      What?
    2. Re:RTFP by Anonymous Coward · · Score: 0

      IIRC, dont you pay PTO fees even if the patent gets rejected?

    3. Re:RTFP by Anonymous Coward · · Score: 0

      I think it's hillarious that they are trying to patent the mechanism using polling. Maybe I should write up a patent which uses alarms instead of polling.

    4. Re:RTFP by geekoid · · Score: 1

      first, its USPTO
      second, they get the filing fee regardless of approval.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:RTFP by Keeper · · Score: 1

      Does the AIM client send a second message "JoeBob has entered text", or does the receiving client have a timeout used to update the display? If it's the former, it's a different implementation.

    6. Re:RTFP by vacuum_tuber · · Score: 1

      Godeke wrote:

      Even Yahoo's "user is typing" simply toggles on and never turns off if you abandon typing.

      Not any Yahoo Instant Messenger I've ever used. The indicator goes on and off periodically depending on whether the other person is typing or not.

      --
      Look at the bright side: there's always seppuku.
    7. Re:RTFP by PMuse · · Score: 1

      If you read the patent, you will see that TALK and other prior chat systems are mentioned in the references and body of the patent. The specific "innovation" here is that the system polls for activity on a timer, and turns on and off the "user typing" message based on activity during the timer period.

      While I think that it is absurd that this was granted,...


      So now, some one remind me again why we care? Does this "indication" feature seriously have enough importance that anyone will suffer without it? There are at least two good prior art ways to do IM. First, the TALK method of sending every character typed. Second, sending the whole message at once after typing is complete.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    8. Re:RTFP by Anonymous Coward · · Score: 0

      Well, Lotus Sametime (for one) had exactly the feature described in version 2.5 which was released well before December 2002. One suspects that MS would not be foolish enough to try to enforce this on IBM/Lotus.

    9. Re:RTFP by Tokerat · · Score: 1


      So they patented a timer in a computer which corresponds to keystrokes to make something happen if the user doesnt' press a key for a certain ammount of time?

      Gee, good luck finding prior art to THAT!

      Oh, wait, it triggers a packet to be send over a network! Oh, so this is a totally new and different thing then, completely devoid of any connection to past occurances of such functionality. That, and it's not obvious. Not at all. Go USPTO, pretty soon I'll have to pay royalties on my fucking LUNGS.

      --
      CAn'T CompreHend SARcaSm?
    10. Re:RTFP by Keeper · · Score: 1

      ...it make something happen on someone else's computer in conjunction with IM software in a manner that displays the status of the first user. They key point to this "invention" is that it is supposed to reduce network traffic ($$) over alternative methods. Now, if it's useful or interesting or obvious to you, it doesn't really matter -- the USPO granted it.

  109. Excuse me by mabu · · Score: 2, Funny

    There's a problem here. I have a patent on hypocrisy. It's obvious that no. 6,631,412 is a derivative work and therefore infringing upon my IP.

  110. From the RTFA Department (Date included) by Inhibit · · Score: 1

    For instance, if you so much as glanced at the article you'd notice that "Filed: December 20, 2002" appears rather promenantly. Then you wouldn't even have to wonder! Foreign concept, I know...

    --
    You're reading Slashdot. Of course you like Linux and pc hardware
  111. Quake 3 is prior art... by un4given · · Score: 4, Informative

    With those blue 'bubbles' that appear over the player's head when he starts typing, and disappear when complete.

    1. Re:Quake 3 is prior art... by Anonymous Coward · · Score: 0

      Exactly! Mod parent up!

    2. Re:Quake 3 is prior art... by Kashif+Shaikh · · Score: 1

      Technically, MSN messenger is different. If you stop typing for a while, the message at bottom saying you're typing, disappears.

    3. Re:Quake 3 is prior art... by Nucleon500 · · Score: 1

      Well, it's obvious to us that the delay could be implemented on the talker (who waits 5 seconds after the typing stops and says "never mind"), or the typee (who waits 10 seconds after the typing message, which is sent once per five seconds, stops, and turns off the icon). It's a tradeoff which involves network bandwidth, flexibility, and whether the protocol is reliable or not, but it's still an obvious implementation detail.

    4. Re:Quake 3 is prior art... by freeze128 · · Score: 1

      ...And it seems to me that Quake 3 is quite a bit more "innovative". Id could have simply added a message to the console saying "User xxx typing", but it's not very original. The bubble gets the point across, and is INTUITIVE, as well as innovative.

  112. Re:Gar by Zack · · Score: 1
    communism: in theory it is a good thing

    Totally off topic, but don't think that Communism is even good in theory! It totally ignores human nature, and as such will never ever ever ever work. If I had a theory about how I could jump and fly to the moon (if I ignore gravity) it's a crappy theory and....

    ... ooh, shiny thing... /wanders off

  113. What about Ddial? by Anonymous Coward · · Score: 1, Informative

    Do not forget Ddial - 1978!

    An Apple II loaded with AppleCat 300 Baud modems.

    I spent much of my afterschool time "chatting" online with friends (yes Slahsdotters - I had friends back then!)

    More info:
    www.ddial.com

  114. In latest news... by skebe · · Score: 1, Funny

    Microsoft patents living, breathing, and dying. Trillions expected in back revenue.

  115. Priority Date, not Filing Date by Anonymous Coward · · Score: 1, Informative

    Technically it is the priority date that matters, not the filing date. The filing date for this patent is December of 2002, while the patent has priority going back to July of 1999.

    This is the date to beat for prior art.

  116. Re:Don't forget (actually) by byolinux · · Score: 1

    Wanted: Someone to get the juice out of my keyboard and off my screen after reading this comment.

  117. Who should hear about it? by StillNeedMoreCoffee · · Score: 1

    I am wondering if there is any party that should recieve an email or a call reguarding this issue. I don't know if the company, the patent office or some legistative person should be made aware that there is some feeling and opinion that this maybe be examined by the patent office as to its validity, and to whether the patent office is doing due diligence in this area. I know I plan on sending my Congressman a note.

  118. Don't forget BBSes or ICQ by shadowxtc · · Score: 1

    Those both are prior art as well. ICQ has had a see-as-the-other-person-types (an indicator message and/or actual text). BBSes have had chat where you see the other person actually type for decades. See: Renegade or Wildcat (internal sysop chat), most sysop-chat doors

    1. Re:Don't forget BBSes or ICQ by cens0r · · Score: 1

      Read the fucking patent. Both of those are addressed in the patent.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    2. Re:Don't forget BBSes or ICQ by shadowxtc · · Score: 1

      Bleh, you don't have to get all pissed. I usually DO read the patents. It's just annoying to dig through legalese for an hour.

  119. Blame game by Anonymous Coward · · Score: 0

    i blame this on american law as opposed to the companies in question who are abusing this.

    Those in charge of a company have a duty to their shareholders to maximise income - and they will do it however possible. even if it may be done by exploiting stupid laws.

    this is a prime example of "what's good for business is good for america", and characterises the selfishness and self-rightousness exhibited by America in the modern age.

  120. All aimed at Linux by SQLz · · Score: 2, Insightful

    This big flurry of patents by MS is aimed totally at Linux. Just wait and see. They are going to pull a SCO on us big time and claim Linux contains their IP and start demending fees from companies who use Linux.

    1. Re:All aimed at Linux by Anonymous Coward · · Score: 0

      Right... so where does Linux contain anything remotely like this?

      Remembe, Linux is a kernel. I've not aware of ANYTHING in there that could be remotely considered to infringe on this patent.

      So no... I don't think it's got a damn thing to do with Linux.

  121. US movement by Anonymous Coward · · Score: 0

    It is now time for the USA to organise a strong movement similar to Eurolinux and FFII. We can provide you with assistence.

    The World Summit on the Information Society may be used as a plattform as well.

    Get organized and put pressure on politicians and administration.

  122. Relax, MS is still ... by WindBourne · · Score: 1

    trying to prove that they invent things
    They just need one thing, that's all.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  123. FP by Angram · · Score: 0, Offtopic

    First Patent!

    --

    GL
  124. Re:First post by byolinux · · Score: 1

    Him and everyone else in the world. (might take forever to execute)

  125. Obligatory by Anonymous Coward · · Score: 0

    I feel there is an obligatory Schwarzenegger joke in there, but I don't have the necessary enthusiasm to exract it.

  126. It's your fault by Anonymous Coward · · Score: 0

    Software patents are your fault. Your elected representatives voted in this measure. You didn't recall them, protest, make it politically untenable to support.

    Hell, most of you don't even vote.

    Democracy is a participatory form of government. You don't participate, other people speak for you.

  127. A request for reexamination by geekoid · · Score: 2, Informative

    an excerpt from here

    A request for reexamination is commenced by filing a reexamination request along with a modest filing fee. In the request, the requestor cites the patents and other printed publications which purport to establish that the patented inven- tion is not new or unobvious as of the date of its invention. The Patent Office will then decide if the requestor has made out a prima facie case of invalidity. If so, the patent will be subjected to reexamination. Reexamination is between the patentee and the Patent Office. The requestor has no involvement after filing the request for reexamination.

    if you have any interest at all on the workings of the us patent system, go here, read up.

    The fee for "requesting an reexamination was 2520.00 in 1999.

    Perhaps we should start a fund to have this patent reexamined?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:A request for reexamination by avdp · · Score: 1

      Why start a fund? AOL, Yahoo, etc should (and probably will) take care of this for us. You're making it sound it MS versus Open Source. There are lots and lots of proprietary IM systems out there and they all have that feature it seems.

    2. Re:A request for reexamination by pongo000 · · Score: 1

      The fee for "requesting an reexamination was 2520.00 in 1999.

      A fee obviously set to discourage patent reexaminations...

    3. Re:A request for reexamination by IPMinder · · Score: 1

      >>A fee obviously set to discourage patent reexaminations...

      Ummm, apparently, you haven't heard about the costs involved in litigating patents. Last survey I read, the average costs associated with bringing an infringement suit to trial was between 1-5 million dollars.

      Compared to that, the thousands of dollars involved in reexamining a patent is a bargain.

  128. It's the weight game. by supun · · Score: 2, Funny

    Very simple, Microsoft gets patents on existing functionality or technology. If you use them, they go after you. Even if there is prior art, Microsoft can tie it up in court. Since Microsoft has a huge advantage in the money department, they can last longer, causing the victim to surrender or agree to some crazy license from Microsoft. It's basically being a bully.

    It's smart business, however if we depended on "smart business" we'd probable be still living in caves after someone patented "shelters."

    --
    :w!
    1. Re:It's the weight game. by cens0r · · Score: 1

      When was the last time Microsoft or IBM did this? Both of those companies have tons of patents. I don't remember either of them suing many people for patent infringement, unless of course they were sued first. These companies aren't getting these patents to attack other companies. They're getting the patents to keep from being attacked. Microsoft just lost a case over a frivolous patent. This saves them from the possibility of loosing another.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    2. Re:It's the weight game. by Nucleon500 · · Score: 1
      This sounds exactly like the nuclear arms race - no, we don't nuke each other anymore, but that doesn't mean nuclear weapons aren't bad things. They're bad primarily because although "civilized" countries don't launch nukes, they could.

      Mutually Assured Destruction may be necessary in the real world, because it's impossible to destroy all knowledge of nuclear weapons. In contrast, in the legal world, we can destroy software patents for once and for all.

    3. Re:It's the weight game. by cens0r · · Score: 1

      That's all well and good. We should do away with nuclear weapons. And we should stop software and buisness practice patents. But while they are still legal companies like IBM and Microsoft have to do this kind of thing to defend themselves.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  129. Why this obsession with prior art? by pacc · · Score: 1

    The fact that Microsoft gets themselves worthless patents doesn't mean we have to treat it as something that will have dire consequences for us, or any at all for that matter.

    "Fact -- Prior art is not needed to bust any patent.

    All you really have to do is show that the claims would have been reasonably obvious to any "practitioner in the field." That's all it takes."

    Don Lancaster's Patent Avoicance Library

    1. Re:Why this obsession with prior art? by Locutus · · Score: 1

      yes, and you have to got to court to show that. How many OSS projects will be doing THAT?

      IMO, these patents Microsoft are filing for are all about going after GNU/Linux and it's OSS model. What I see happening is that as a OSS project grows and becomes popular, Microsoft will kill it in the courts. Effectively killing the competition. THAT is how they work.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    2. Re:Why this obsession with prior art? by jez9999 · · Score: 1

      How about OSS developers move to Europe. Over here, most countries require the plaintiff to pay the defendents costs (not to mention reperations) if the plaintiff loses, in ALL court cases, unlike the retarded US system.

    3. Re:Why this obsession with prior art? by Anonymous Coward · · Score: 0

      We would be no further ahead if we obsessed over reasonable obviousness instead, right?

      Software developers like to use "prior art" because deep down we don't want to be known as engineers but artists, just like at Subway.

  130. Zephyr? by vitroth · · Score: 1

    Yet another IM feature patent for something that MIT's Zephyr implemented long before. I started using Zephyr at CMU in 1992, and it could (and still can) notify you of a user beginning to type a message. It could even do that in the "public" chat areas. And I'm pretty sure those features date back to even earlier versions. Possibly as early as 1987, but someone would have to do some RCS digging to verify that.

  131. Work around by r0ckflite · · Score: 1

    No big deal. Yahoo and Aol will just have their browser display a little pop-up showing the typing status rather than showing it on the bottom status line of their dialog. :)

    --

    Push the button Max!!!!

  132. This exact feature was in wide use at MIT in '89 by vacaboca · · Score: 4, Informative

    This exact feature was in wide use at MIT in '89 if not earlier - the zephyr instant messaging system used by nearly all students at MIT when I was there ('89 to '94) had this feature, along with essentially every other feature currently use in IM clients. This is BS. I'm not sure if zephyr is still in use at MIT, but this is certainly NOT something new.

  133. What is "prior art"? by Arjuna+Theban · · Score: 2, Insightful

    IANAL, but I thought "prior art" meant publicly explained methodology to do something prior to the filing of the patent at hand. It doesn't matter if ICQ or whatever else program had this capability, the fact that they didn't make their methodology public (which is usually done through an RFC-like document or by filing a patent) makes them unfit to be prior art.

    But then again, I may be pulling this out of my ass.

    -bm

    1. Re:What is "prior art"? by FightThePatent · · Score: 1

      Prior art to invalidate the M$ patent needs to have documentable proof before July 21, 1998 (have to go back one year before the patent application date).

      Use this date as the first test of potential prior art.. if what you found existed after this date, then it won't help to count as prior art.

      Fight The Patent website

  134. Please E-Mail the UPTO by Anonymous Coward · · Score: 1, Insightful

    If you feel that the US Patent Office should stop honoring bogus patents like these, do something about it!

    Write to:

    usptoinfo@uspto.gov?subject=Patents Patent Number 6,631,412

    You may also want to refer to this slashdot article in your post:

    http://yro.slashdot.org/article.pl?sid=03/10/08/ 13 5237&mode=thread&tid=109&tid=155&tid=187&tid=189&t id=99

    Thank you.

  135. MIT Zephyr project by Anonymous Coward · · Score: 1, Insightful
    Many people have mentioned the similarity between Unix talk and this patent, but I think there are enough differences (i.e. character-by-character real-time transmission versus IM-style, message-at-a-time stuff) that one might reasonably argue the two things are fundamentally different.

    But the MIT Zephyr project, which has been around at least since I was an undergrad there, has been providing precisely this kind of advance notification (i.e. you get a popup saying "so-and-so is about to send you a message" when so-and-so types "zwrite your_username" on the screen) since at least 1990.

    -FP

  136. Re:Don't forget (actually) by Anonymous Coward · · Score: 0

    That's what you get for $0.99/minute.

  137. prolly redundant but... by windex82 · · Score: 1

    ICQ also had such a feature way back in the day, with this you could also see what they typed as they typed, it made responding kinda funny cause you could shoot out a yes or no before they even finished.

  138. iChat anyone? by Anonymous Coward · · Score: 0

    iChat in OS X does that since the very first implementation.

    Same old Micros**t *innovation*

  139. Fight The Patent . com by FightThePatent · · Score: 1

    I share everyone's sentiment about possible prior art existing before M$ patent.... and what is needed is to document the prior art (much like what many have posted on here), and to be used/given to any defendants that M$ sues. Also, petitions to USPTO can ask for re-examination of the patent. I am currently focused on finding prior art against Acacia, SightSound, and USA Video. All three companies have some kind of claims over the streaming/downloading of audio/video files from a (web) server. If you heard digital audio or saw digital video prior to 1990, check out http://www.FightThePatent.com/v2/Searching.html for prior art searches i am currently working on. I provide my assistance to defendants for free.. being a tech head, these patent abuse cases pissed me off enough to get involved. Patents have their place, but patents that have prior art is bad. Patent holders who are wield patent infringement claims (which do not appear to be valid given prior art) and licensing agreements to companies who don't have the financial backing to fight a patent claim is Patent Abuse! I will be expanding my activism to other areas like the IM patents, PanIP, etc..... (bringing my post back to the thread topic *grin*). Fight The Patent!

  140. patents by rnd() · · Score: 1

    It doesn't matter whether it existed before... patents are what you do when you want to protect your right to make money from an invention. If the original inventor didn't patent it, then the rights are up for grabs.

    --

    Amazing magic tricks

    1. Re:patents by too_bad · · Score: 1

      Thats not true. Every patent application is checked for "prior art". If the idea
      was already demonstrably in use in a form very similiar to the patent application,
      then the patent is supposed to be rejected.

      Thats, of course if the patent lawyers do know how to use google.

      --
      DO NOT PANIC
    2. Re:patents by rnd() · · Score: 1

      Patented prior art.

      The logic being that if an idea (or part of it) existed before, was otherwise patentable but had gone unpatented, that it was simply not of sufficient value to its creator to warrant patenting it. This happens all the time when amateur inventors fail to realize the value of their inventions.

      --

      Amazing magic tricks

  141. I have patented modding down of /. comments by Texas+Rose+on+Lava+L · · Score: 0, Funny

    I have just been awarded US Patent 6,234,234, "Method of suppressing off-topic, inflammatory, or uninteresting comments in a Slashdot discussion by using moderator points to reduce the score of the comment."

    Mod me down and I will sue you. I can subpoena /. for your user info under the DMCA.

    GNAA and Goatse posts may be modded down royalty-free. I don't want to see that picture either.

    1. Re:I have patented modding down of /. comments by Texas+Rose+on+Lava+L · · Score: 1


      40% Funny
      60% Overrated

      You three can hide from m2, but you can't hide from my lawyers. Prepare to be sued.

  142. Trillian... by Anonymous Coward · · Score: 0

    has had this feature for a long time, it works in exactly the manner described.

  143. Zephyr by bperkins · · Score: 1

    Zepher made it trivial to do this by modifying a config file. I implemented it myself after hearing about a friend who did the same thing.

    1. Re:zephyr by LionMage · · Score: 1

      Yep, I used Zephyr too. I don't recall it having notification capabilities for when the user was typing a message, because I always used the command-line tools to send zephyrgrams, and the program to send messages was a simple command line app (which supported redirection as well). However, zephyr did support notification of when certain users logged on and off of the network (or at least, it supported notification of when a given user had zephyr turned on and listening).

      Incidentally, I used zephyr as far back as 1988, so it definitely predates most "modern" IM clients.

    2. Re:zephyr by Synonymous+Coward · · Score: 1

      If I remember correctly, when you type "zwrite user", it sends a "ping" message into the system. If this ping is not acked, you get a message saying something to the affect that the user is not logged on or has messaging disabled. The default zwgc.desc file normally ignores (doesn't display) these messages. If you hack with your zwgc.desc file, you can get a message to pop up indicating someone is writing to you and you can even send a message back.

      Hacking zephyr was an excellent way to avoid studying.

  144. ICQ Chat by Andrea_from_Arg · · Score: 1

    I remember that ICQ chat had the "XXX is away from the screen" feature when the user changed the focus of the chat window... will they patent that too?... :)

    --
    :: Andrea ::
    Anime Wallpapers
    1. Re:ICQ Chat by Anonymous Coward · · Score: 0

      Shhh... don't give them any ideas.

  145. PLATO circa mid-70's by handy_vandal · · Score: 1

    I remember using CDC's PLATO system in the mid-seventies. It didn't succeed in the marketplace, but in it's day Plato blazed trails: global networking, real-time multiplayer games, email ... and instant messaging where both parties see both lines of text in real time.

    --
    -kgj
  146. talk by too_bad · · Score: 1, Redundant

    Does anyone use the good old 'talk' program anymore? I know it was around for a long long time. Definitely before 1990. It used to give real-time indication of the other person typing, heck it used to show what the other person was typing, which most IMs couldnt for years (sigh)

    --
    DO NOT PANIC
  147. read the patent properly by mydigitalself · · Score: 1

    talk is not relevant, neither is any messenging client that shows the text as it is being typed. the patent discusses an indicator to show activity, but not showing the actual text. if no other MESSAGING client does this then their patent is valid as there wouldn't be prior art. you've got the remember, the exact wording and context of a patent is incredibly important (not to mention strategically important!).

    also - the indicator in something like quake 3, which was also mentioned in a post, is not relevant either as quake 3 is not a messaging client, but rather a game.

    essentially this patent is very clever because i think the "person is typing" is a great feature as it allows the recipient to see that they aren't just sitting around waiting for nothing and it is favourable for the sender of the message as they can correct things without the recipient seeing their mistakes. so this patent is essentially preventing all of the other messaging clients from providing an indicator as such. of course the other guys could show the text as it was typed - but this is not as useful and would not violate the patent.

  148. Slay the beast.... by lotus87 · · Score: 1


    IBM may have something to say about this. Their Sametime corporate IM and collaboration system has had this functionality for at least 3 years.

    While talk and other small scale packages may have a case against the patent, but no money to file suit, IBM has a case, money, and the IP lawyers to shred this patent up.

  149. Prior art - BITNet et al. by Phreakiture · · Score: 1

    At the State University of New York (SUNY) at Alfred, on the VAX cluster there, running VMS, connected to BITNet and SUNYnet and a small, multiuniversity network running the DECnet protocol, there was a SEND command which would send what would accurately be called an instant message to any participant currently logged in on any system on one of these three networks. We even had some 'bots that could answer back and take messages. This was in 1989. Sorry Microsoft, you are at least 14 years late.

    --
    www.wavefront-av.com
    1. Re:Prior art - BITNet et al. by FightThePatent · · Score: 1

      from M$ patent:

      A system for monitoring user activity in an instant messaging session on a computer network periodically sends an activity message to other participants in the instant messaging session if the user has actively entered data during a first predetermined time interval. The system periodically sends a new activity message at intervals corresponding to the first predetermined time interval so long as the user is actively entering data during each time interval. If the user has not entered data during the first predetermined time interval, the system will not send an activity message. Other participants in the instant messaging session receive the activity message and generate an activity indicator on their respective displays. The computer receiving the activity message displays an activity indicator on the computer display in response to receipt of an activity message and starts a timer to measure a second predetermined time interval. If another activity message is not received within the second predetermined time interval, the activity indicator is deleted from the display.

      So the sending of the text message, or being able to view someone type the letters as you type, is not what they patented.

      As soon as you start typing in a chat box, a signal is sent to the recipient to let them know the other person is typing.... ICQ had this feature early on, but M$ may have them beat on the date.

    2. Re:Prior art - BITNet et al. by cens0r · · Score: 1

      Did you read anything? Microsoft isn't patenting IM , I think AOL already has the patent on that... they're just patenting a feature.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  150. zephyr by doug · · Score: 1

    Am I the only old fart who used to use zephyr?

    It was part of MIT's Project Athena and was basically a sessionless IM tool. It batched up everything and sent the entire message as a zephyrgram. I know it had some sort of notification process because one of my friends you to reply "yes?" before I could finish typing. That was back in 1993, well before Microsoft even learned about the Internet, so I imagine that it qualifies as prior art.

    - doug

  151. In Mirabilis' Defense... by http101 · · Score: 1

    In defense of Mirabilis, NOT AOL, Mirabilis, ICQ was a superior IM client before AOL screwed it all up. There comes a point in which every program becomes a suite and a suite becomes an OS. ICQ had an integrated P2P chat interface that would allow users to see, in real-time, the text they were typing to each other. It also featured a status message that would tell when the other person was typing. Long live the original Mirabilis! Die, AOL Die! Monopoly!

    --
    -- Game Developers: Stop porting badly-textured games from crappy console systems!
  152. Isn't this already in the latest versions of AIM? by Anonymous Coward · · Score: 0

    I'm confused. How is this different than the little "person is typing" on AIM or "..." in the world ballons in iChat?

    In AIM it only shows when you're typing to that specific person, It sounds like this implementation would display a similar message when you were talking to anyone, but still...

  153. Re:Microsoft ..(correct reference to US code) by FuzzyGuru · · Score: 1

    mmm.. lets see.. (all dates are based on file dates)

    • Version 1: July 1999
    • Version 2: April 2000
    • Version 3: August 2000

    Is that long enough?

    however you cannot test them, as MS has shut down the protocols that they used.

    --
    OK - who stole my duct tape?
  154. Re:Even AOL offers this. by dogugotw · · Score: 1

    Geez, I use AOL's IM and it has the feature as well (I am not an AOL customer, just use the IM client since everyone I need to chat with uses it, forgive me...).

    The AOL client puts control of this feature in the hands of the sender - some people use it, some don't but clearly the function has existed for a while.

    Dogu

  155. Compare to non computer world by nolife · · Score: 1

    Imagine GM having a patent for an oil light for your car. What about a tachometer to monitor engine speed. How about movable windows in a car. What about a bumper?
    Add computer or internet into it and you can get a patent.

    --
    Bad boys rape our young girls but Violet gives willingly.
  156. more patents by picardsb · · Score: 2, Funny

    Pending patents from MS:

    (10) numerals on keyboard 0...9, letters q...m
    (9) a = a+1; (does not mean 1 = 1+1)
    (8) mouse has more than one button
    (7) when you type 'a', the 'a' shows up on screen
    (6) pressing 'enter' crashes the program, there are new advanced keys too 'crtl'+'alt'+'del'
    (5) pc speaker sings RIP along with blue screen event
    (4) only one website can do it all 'i can't believe it's not butterfly.com'
    (3) you send an email, and it goes to the addressee - dodging the mail filter
    (2) right to pick up the outlook icon on the screen - and safely save in the recycle bin
    (1) computer needs to run a program - not just the os (and bios)

  157. OT: moderation by Anonymous Coward · · Score: 0

    I think slashdot should add "Innovative" to the list of possible post moderations.

  158. An organized effort to contest patents? by selan · · Score: 1

    How long before the EFF or someone else sets up a non-profit dedicated to contesting bad patents? Why not organize the community to research questionable patents and find prior art, then have lawyers submit the challenges for review? One by one, the bad patents would be overturned and a message would be sent: that patents need to be accountable. I think this would be a way to actually make a difference with the patent office, by working within the system.

    1. Re:An organized effort to contest patents? by NoOneInParticular · · Score: 1
      It might be more worthwhile that an effort is made to figure out which parts of OSS are likely infringing on particular patents and subsequently use significantly different, nonpatented alternatives. Think about the issues with LZW (GIF) and this causing OSS to use gzip instead. This would greatly reduce the risk of Microsoft suddenly attacking OSS with thousands of patent violation which would immobilize it for possibly a few years. If well-documented changes are made to circumvent patents, such a scenario would be moot.

      Given enough eyes, all patents can be read, understood, and circumvented.

  159. Hardly by Anonymous Coward · · Score: 0

    You forget that the talents of M$ lawyers far exceed their ability to innovate software.

  160. recent and popular? by ONU+CS+Geek · · Score: 1
    First, if my memory serves me correctly it was Yahoo's (then called) Pager that had the " is typing a message." Then MSN started having it, then, AOL finally implemented it in their IM client. Yes, PowWow was first, but out of the mainstream clients, this was what I can remember.

    Also, if you look at the patent text itself, I like this part:
    As shown in a recent popular movie, "You've Got Mail,"...
    Since when was you got mail a recent popular movie? 1999?

    --

    I disable sigs...do you?
  161. Re:Don't forget (actually) by SirGeek · · Score: 2, Funny
    I remember it distinctly because my girlfriend's Yahoo wasn't working

    Don't worry, it happens to everyone.

    He said Yahoo.. Not her HooHa

  162. Trillian by Natchswing · · Score: 1
    With trillian I get a notice at the bottom that says "USERNAME is typing a message" when I'm chatting with people on AIM or Yahoo. Since I don't know anyone who uses MSN I can't check that, but I am notified on the other networks that a message is being typed.

    So, why is this suddenly a Microsoft patent?

  163. Zephyr and IRC by oohp · · Score: 1

    Well, excuse me but MIT Zepyr and IRC have been around long before 1996. Somewhere around 1990.

    1. Re:Zephyr and IRC by LionMage · · Score: 1

      Zephyr is much older. Zephyr dates back to at least 1988, when I was an incoming freshman at MIT. We had Zephyr back then.

  164. SAMETIME chat by eggoeater · · Score: 2, Informative

    has this feature NOW! It is used by companies for internal chat. Sametime, which is part of the Notes suite, is owned by IBM, which I imagine has barrels of lawyers to throw around. I can't imagine IBM tucking tail and removing this feature.
    -Steve

  165. VMS talk or phone programs by amigabill · · Score: 1

    >Or, alternately, it allowed you to SEE the other
    >people typing in real time.

    Heh, I used talk or phone (or both, don't remember now) on the VMS cluster at college back in '93 that did this realtime watch them type stuff. It was almost annoying to watch people back up half a sentence to fix a single character typo... :) Repeatedly and often... This was my freshman year, certainly these talk/phone programs existed a few years before I used them...

  166. talkd by trelanexiph · · Score: 1

    does this feature work anything like talkd which has been around since time began? you know like when people type, you SEE THEM TYPE.

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

      I agree, that was my first reaction, too. Any idea, how old it really is?

  167. Lotus Sametime by zibadun · · Score: 1

    FTW? Lotus Sametime has this feature for a while. The client says something like "So and so is responding..." in the status line when your opponent is typing.

  168. Re:Don't forget (actually) by royalblue_tom · · Score: 1

    So when was that released. This Patent was filed 10 months ago. December 2002. This isn't a we filed 5 years ago and just got the patent, but a patent filed less than a year ago.

    This is a "would be obvious to an expert in the field" feature, so it's a BS patent. Pure and simple.

  169. incorrect it is July 21,1999 by ProfBooty · · Score: 3, Informative

    this is a continuation of a previous application with a 1999 filing date. the effective date of the application, the begining of its patent protection, and the date of which prior art must be earlier than is July 21,1999.

    --
    Bring back the old version of slashdot.
    1. Re:incorrect it is July 21,1999 by PMuse · · Score: 1

      If you have mod points, mod parent up and ultimate parent down.

      July 21, 1999 is when the original application was filed. (Read a little further down in the patent header to find that.) That determines the prior art date. They're not allowed to add new matter to the application after that; they may only change how they're claiming the things they've already described.

      Nowadays, the original filing date also determines the expiration date: July 21, 2019 (i.e., 20 years from when they first filed).

      The date (December 20, 2002) when they filed this latest set of claims to go with their old 1999 description has little importance any more. No matter how many child applications they spawn, they can't increase the length of their coverage.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  170. ICQ by g_braad · · Score: 1

    ICQ has a similar feature, which exists longer then 1996, real time chat. you could see what the other was typing...

    --
    F/OSS & IT Consultant
  171. Was in Windows since Win95 and NT 4.0 by drfreak · · Score: 1

    It was in Windows even before 1996. It's called "MS Chat". And if you didn't need to see the person type, you could always "/net send". But there has always been talk and write. The whole USPTO must be on crack.

  172. so what? by p4r4d0x · · Score: 1

    yeah, it's a shitty patent and all, but just because it's been done doesn't mean that you can't patent it...just that the original people didn't.

    1. Re:so what? by Junta · · Score: 1

      Prior art means it isn't patentable. For something to be qualified for a patent, it must be a new and orignal thing. Showing prior art invalidates a patent, whether or not the prior art had bothered with a patent.

      --
      XML is like violence. If it doesn't solve the problem, use more.
  173. Way older than '96 by dtfinch · · Score: 1

    The simplest telnet based chat server you can make allows you to see what everyone else is typing before they hit enter. Usually the first successful compile and run. Then you fix it in the second build because it looks really ugly in telnet.

  174. By definition ... by smoyer · · Score: 1

    you are your girlfriend's Yahoo :)

  175. I have a patent by 00RUSS · · Score: 0

    I wanna get a patent to beat the crap out of Microsoft's managment. No really, why....why... microsoft is like that annoying kid in high school that always steal people stuff and hides it. you know the kid that got jumped by the entire english class. why do we even tolerate microsoft. its gone beyond the useing only non-microsoft software something needs to be done!

    --
    +-+-+-The folowing statement is true. The previous statement is false.-+-+-+
  176. prior art: Apple iChat by Polarweasel · · Score: 1

    Maybe the most obvious candidate to challenge this patent is Apple, since AOL recently got cozy with Microsoft again.

    iChat does exactly what the patent application talks about by putting up a "thought bubble" with an ellipsis in it next to your name as you type, and replaces it with your text when you're done typing.

  177. Primary Examiner: Meky; Moustafa M. by Anonymous Coward · · Score: 0

    Is he liable in any way? Does he have any repsonsibility for poor job he is doing?

  178. One Way to Have a Positive Attitude About This by serutan · · Score: 4, Interesting

    Is to look at it as a necessary evolutionary step. The patent system is broken, in fact the whole IP system is broken. It isn't going to be fixed smoothly and painlessly. It's going to be ripped out by the roots and replaced. But to make that process happen the system has to reach a breaking point in the public's tolerance.

    The public is historically slow to act, and is never good at acting on obscure issues, as is the IP world for the most part. Some good things the file-sharing debacle has done are to educate a lot of ordinary people about intellectual property, to demonstrate their willingness to ignore IP laws they don't agree with, and to give people some actual experience breaking those laws and getting away with it. This is surprising and encouraging behavior for an American public that has successfully been dumbed down and convenience-addicted to the point of virtual sheephood.

    But it's going to take a lot more pain to get people's butts off their comfy couches in the IP arena, to the point where politicians find their constituents threatening enough to start representing them again. That point is years away, and I want to live through it and into the next Golden Age. So for me, anything that pushes this process along is a good thing, in its own way.

    1. Re:One Way to Have a Positive Attitude About This by Mryll · · Score: 1

      Good points. Things ought to eventually change with enough noise made about enough absurd situations supported by current law. There's enough money on the line in the status quo that changes will be painful. Needs fixing before it gets much worse...

  179. Jedi Wisdom by BitwizeGHC · · Score: 1

    "If it isn't in our records, it doesn't exist."

    --Jocasta Nu, Jedi Librarian

    --
    N4st0r, trixx0r h0bb1tz0rz! Th3y st0l3 0ur pr3c10uzz!
  180. Public Domain? by Tired_Blood · · Score: 1

    First of all, this is probably the slashdot interview you mentioned.

    the PTO has gone on record (including in an interview here at slashdot a couple of years ago) to say that the only source they have or use for Prior Art investigations is their own database. If a patent application has been filed on it, there's prior art. If it hasn't, then there isn't any prior art and it never existed before.
    ...
    If a patent's been filed, there's prior art. If not, then it passes the "new" test.


    Sounds bad. Going by that logic, nothing can be legally released directly into the "public domain" since it has to pass through the PTO in order to receive acknowledgement of its legal status as a novel concept/product. This would include publications of research papers and the like.

    --
    This is not my sig.
    1. Re:Public Domain? by acroyear · · Score: 1

      No, the public domain still exists, such as copyright regs recognize it. The issue is that the PTO doesn't acknowledge it. The Law still does, but it'll cost you an arm and leg (or the equiv of 24 gallons of gas at current california prices) to prove it.

      There's the PTO and the Law. The Law overrules the PTO at all times, provided you're willing to pay for it.

      --
      "But remember, most lynch mobs aren't this nice." (H.Simpson)
      -- Joe
  181. Nexus did this in the 80's. by DrZiplok · · Score: 1

    The Nexus BBS developed by the South Australian Department of Education featured a multiuser chatroom that did this back in the mid-late 1980s.

    Nice to see MIcrosoft continue to "innovate".

  182. IM clients by jskline · · Score: 1

    You are acting surprised???

    We all know Micro$ofts tactics of buy up the small companies and technologies, and turn round and claim it their own and claim they invented it... Thats been around since the Windows 95 and Netscape debacles...

    Besides, this is just more proof in the puddin' about the tangible mangling of US laws, and our constitution. Eventually, it will all be discovered, and nullified.

    Cheers

    --
    All content in this message is copyright (c) 2008. All rights reserved. RIAA is prohibited here.
  183. How to strike back... by burnin1965 · · Score: 1

    From:
    Title 37 - Code of Federal Regulations Patents, Trademarks, and Copyrights

    Section 1.501

    " (a) At any time during the period of enforceability of a patent, any person may cite, to the Office in writing, prior art consisting of patents or printed publications which that person states to be pertinent and applicable to the patent and believes to have a bearing on the patentability of any claim of the patent. "

    Section 1.510

    " (a) Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under 1.501. The request must be accompanied by the fee for requesting reexamination set in 1.20(c)(1). "

    The kicker is this, if you want to file a patent the cost will start at between $385 and $770 (Section 1.16). However, if you want to force a reexamination the costs start at between $2,520 and $8,800 (Section 1.20).

    Its seems they want to make it more expensive to request a reexamination becuase then the real work begins.

    Now get this:

    Section 1.520

    " The Director, at any time during the period of enforceability of a patent, may determine whether or not a substantial new question of patentability is raised by patents or printed publications which have been discovered by the Director or which have been brought to the Director's attention, even though no request for reexamination has been filed in accordance with 1.510 or 1.913. The Director may initiate ex parte reexamination without a request for reexamination pursuant to 1.510 or 1.913. Normally requests from outside the Office that the Director undertake reexamination on his own initiative will not be considered. Any determination to initiate exparte reexamination under this section will become a part of the official file of the patent and will be mailed to the patent owner at the address as provided for in 1.33(c). "

    Now I'm thinking that the director may not have any incentive on his own to ensure proper examination is performed in the first place so the director is not likley to do a reexamination either.

    However, if someone up the chain of command were convinced by the people to put a fire under the director its possible we could get some action.

    And, assuming we can find nobody who is interested in correcting these gross errors, I suggest a non-profit organization is started to hire the appropriate lawyers and begin filing reexamination requests. There will be significant costs involved, but get this, the owner of the patent is required to respond to every request for reexamination and citation of prior art. If we can get the purveyors of these bogus patents tied up in paying to backup their stupid claims then we could slow down the flow or pull back the tide.

    I can only hope.

    burnin

  184. Anyway this is just US Patent. by La+Gris · · Score: 1

    Not everybody around the world lives under the stupid US patent office and law.

    Maybe OSS developpers and project managers should export their work outside the US ?

    --
    Léa Gris
  185. Re:Don't forget (actually) by SillySlashdotName · · Score: 1

    This is a continuation of U.S. patent application Ser. No. 09/359,337, entitled "System and Method for Activity Monitoring and Reporting in a Computer Network," filed on Jul. 21, 1999 (emphasis added.)

    From the patent (link 1 in posting).

    Also from the patent --

    United States Patent 6,631,412
    Glasser , et al. October 7, 2003
    (again, emphasis added).

    So this was issued yesterday, the 7th? (a date that will live in infamy...)

    --
    Acts of massive stupidity are almost never covered by warranty. --me.
  186. Not everybody around the world lives under the stu by La+Gris · · Score: 1

    Not everybody around the world lives under the stupid US patent office and law. Maybe OSS developpers and project managers should export their work outside the US ?

    --
    Léa Gris
  187. Other article links, and prior art information by LionMage · · Score: 1

    CNet ran an article about this development, and they were quick to note that other IM software from Yahoo! and AOL already implemented this feature. The article doesn't say when the patent was filed.

    A related article points out that ICQ filed a patent in 1997 (granted in 2002) which covers pretty much any kind of instant messaging application on any network. Of course, there is prior art...

    I was a student at MIT from 1988 to 1992. During that time, I used an instant messaging system called Zephyr, which could work either with X11 or with a text console (if run in console mode). Zephyr didn't support notification of other users when you were typing a message (since the application to compose messages and send them was command-line, and therefore run from the shell rather than as part of a monolithic IM app), but it did support notifying you when certain other users logged on, and Zephyr by default popped up separate message windows on the target user's X11 display when messages arrived. Kind of like how classic ICQ operates -- each incoming message is displayed in a separate window which has to be dismissed by the user.

    I'm sure there are more prior art examples for IM and general, and this feature in specific. The big players are trying to carve up the IM landscape by making turf claims with patents. If ever there was a time to support alternative IM technologies like Jabber, now is the time, folks.

    1. Re:Other article links, and prior art information by Anonymous Coward · · Score: 0

      Actually, Zephyr did allow a short notice message to be sent as soon as you typed the "zwrite" command, but before you hit ^D or a . on a line by itself to send the message. Even in 1992 there were graphical versions that looked like the standard chat clients of today, if I recall correctly.

      A lot people ran their own zephyr servers after leaving MIT (I did), and but as far as I know none of them had the critical mass to keep on going, or zephyr could have been the jabber of today.

  188. Invalid Claims by drcln · · Score: 1

    It appears that claim 1 is invalid for being indefinite. See, 35 USC 112, second paragraph. Claim 1 says "determining, based on receipt of said content message, that said user has stopped typing" but said user never starts typing, said user operates an input device, which is not necessarily the same thing. See claim 2, where the device is called a keyboard, which means under the law that the input device in claim 1 must include non-keyboard devices. But if it is not a keyboard input device in claim 1, how will one start typing so that it can be determined that said user has stopped typing.

    The rest is left as an excercise.

    Important note, IANAL, this is not legal advice!

    --
    your gravity fails and negativity don't pull you through
  189. riiiiight.... by Down8 · · Score: 1

    Wasn't there a chat command in SunOS? It allowed you to see, in real time, what your partner was typing.

    -bZj

    --
    .sig
  190. Its called... by Kashif+Shaikh · · Score: 1

    whenever talk is greater than content, it called:

    Bullshit. Which is what the patent is of course.

  191. The Patent Office Just Can't Do Software patents by pcause · · Score: 1

    There is just too much stuff that was done for decades by companies that don't exist anymore that is probably prior art that the PTO can never find unless people in the industry come forward. The stuff isn't running any more, the brochures aren't available and the like. Look at the stuff Ozzie did with Notes to show prior art in the browser patent suit.

    It seems to me the patent system is based on a presumption that it is relatively straightforward to determine prior art. This may work in most disciplines, but it is a bad assumption in software. The system needs to be changed to allow a way to invalidate these patents without the huge legal expenses involved. otherwise, someone like IBM or Oracle or MS with very deep pockets can use a patent and the cost of litigation to stifle legitimate competition using undeserved patents.

    However, since large companies make lots of donations to control the writing of the patent law, the needed changes are not going to happen.

  192. Re:What is "prior art"? - matchsticks? by Mryll · · Score: 1

    Does this mean that I can patent matchsticks if nobody ever bothered and then run the existing producers out of business? Seems an indication that the system is broken...

  193. Absurdity of Patents by ThosLives · · Score: 1
    Everyone needs to write the patent office. Yapping on Slashdot doesn't do us any good. Also remember to start contacting your congressmen... Here are some methods of communication from The USPTO:

    e-mail
    Telephone: 800-786-9199 (IN USA OR CANADA)
    snail mail:

    U.S. Patent and Trademark Office
    USPTO Contact Center (UCC)
    Crystal Plaza 3, Room 2C02
    P.O. Box 1450
    Alexandria, VA 22313-1450
    --
    "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
  194. Never Mind Powow by boffy_b · · Score: 1

    Yahoo has this functionality right now, I thought all good IMs did...

    --
    Windows is only $500 if your time is worthless.
  195. ? Lame by greymond · · Score: 1

    Trilian, AIM, and iChat ALL have options to "let others see your message as your typing"

    So MSN patented this? How is that possible since it's so commonly used?

    Can I patent the chord order "C-G-E" so when played in that order I get $$$ from the RIAA?

  196. Non-obviousness is a criterion as well by yerricde · · Score: 1

    If you can find a bunch of different pieces of software that fill parts of the claim so that they, in sum, cover the claim, it is NOT prior art.

    If I can find a bunch of different widely-used pieces of software that fill parts of the claim so that they, in sum, cover the claim, then though it may not be prior art, it may count as evidence that the invention was obvious to one skilled in the art.

    --
    Will I retire or break 10K?
    1. Re:Non-obviousness is a criterion as well by Keeper · · Score: 1

      "Obvious" is difficult to prove. Mainly because if something is so obvious, the question "well, why didn't anyone do it before now?" arises.

      But I would agree that a collection of applications would function as part of the evidence required to show obviousness.

      Though most of the applications being referenced here aren't so much different pieces, rather they show the evolution of IM/chat products so I don't think they'd be very useful in demonstrating the "obviousness" (if that is such a word) of this patent.

  197. you know... by ShadowRage · · Score: 1

    how important is that feature? it's nice to know that someone isnt ignoring you, but just typing al ong message, I say if it takes them 20 minutes to type a message, you know they're ignoring you.
    I'm pissed due to the fact that microsoft claims something else as their invention (just like how IE is their "invention")
    but really, is it that important?
    let them wallow in their own shit.
    we still have IRC and other ways to communicate.

  198. Prior Art -- ZWrite? by offpath3 · · Score: 1

    Unless I'm mistaken ZWrite has a feature where you can tell when someone is zwriting you.

  199. MOD PARENT UP by Anonymous Coward · · Score: 0

    And moreover, email this to the USPTO people.

  200. Did we forget about Eolas already?? by Anonymous Coward · · Score: 0

    I commend Microsoft for taking an intiative and patenting something so that some bastard from Eolas can't come around claim IP right to something as trivial as this.

    All patents have two purposes, one is to actually make revenue and the second is to protect yourself. I hope (and I really doubt Microsoft would actually try to make revenue from this patent) that their real reason is to protect this feature being patented by another Eolas and getting slapped with half a billion dollar fine and a stupid 'OK' button!

  201. Teletype's SOH and AYT symbols by ishmalius · · Score: 1
    Old mechanical teletypes would often be left on idle for less wear and tear, and to reduce noise.

    When a machine started a session with another, it would send an SOH character, to 'wake up' the receiver and start its motor. The sender would wait a moment for the receiver to get warmed up before typing.

    The Are You There (AYT) symbol was used a lot for this, too.

    (I think this is accurate. It's been a -long- time!)

  202. powwow alive at powwow.jazy.net by jazy94611 · · Score: 1

    at powwow.jazy.net they've revived the good ol' powwow chat application as a 'dynamic virtual on-hands museum'. granted it's not 100% running, as the registration servers at tribal voice's HQ are no mas, but with a local server (PULS set to powwow.jazy.net) hack, it does function just fine.. the live chat feature which was referenced in this thread can be clearly seen working in this code from the mid to late 1990s.. read more at powwow.jazy.net

  203. forum to debunk patents? by crucini · · Score: 1
    The OSS community needs a forum for debunking these patent applications. One where the USPTO trusts it for prior art inspections.

    Why would the USPTO trust it when it would be flooded with ignorant comments from people who haven't read the patent application and don't understand the first thing about patent law? Not you; I realize from your post that you read the application. But almost all the comments I've seen are ignorant.

    Maybe a forum like that could provide some laughs for the PTO examiners. OSS zealots "debunking" patents are like Darl McBride "debunking" the GPL. Totally out of their depth.
    1. Re:forum to debunk patents? by greenrd · · Score: 1
      One shouldn't bow down to patent lawyers, or indeed any kind of lawyers, as if they were some kind of deities who must be consulted to even understand one claim of a patent. That's not the case.

      Moreover, it's important to read the last paragraph of the patent, and realise that the claims are what really matters. And it's quite traditional to put a ridiculously overbroad claim in as Claim #1 - because it's safer to do so and because they just know the PTO will let it sail through, just as they have for so many patents in the past.

      The claims are in fact possible to decipher. Check out Claim #1. It's bullshit to say that's innovation. Now, just for laughs, read claim #2. It's pathetic.

      It doesn't take a patent lawyer to tell that this patent is not an "invention".

      And before you dispute that, I'd like to remind you that patents are supposed to be a mechanism to serve the public interest. They are not supposed to be a mechanism to force the public to serve the interests of inventors.

  204. Pressing control-G? No. by crucini · · Score: 1

    But that has nothing to do with the patent we're discussing. It claims a specific technique, completely different from yours, for notifying the recipient when the sender is typing. Do you understand that? If someone patents a new method for achieving a certain result, and you previously achieved that result via an old method, that does not constitute prior art.

  205. C'mon people... by The+Master+Control+P · · Score: 1

    Whining to the choir on /. won't do anything. Most of the mindless USPTO drones who did this probably don't know you can type in that address bar thingy, let alone what a slashdot is.

    Write them, in the widely used and open-source Dead Tree Format, about the prior art to this bullshit patent.
    Contact them, and tell them about the prior art to this bullshit patent.
    Send them a CD with a working copy of the prior art to this bullshit patent.

    Don't preach to the choir. Go out and spread the word about the kind of insanity that reigns in our government.

  206. Don't Delay... by ThisIsFred · · Score: 1
    ...Get your in-home correspondence course for the Patent Office Worker certification! It's simple, it's easy, and it requires a simple 25 cent investment! Just about anyone can't be trained at home, and in only weeks!

    Have you ever seen a computer before in your life? No? You're a shoo-in!

    Have you used that intar-web thingy? No? Welcome aboard!

    Have you failed miserably any questions on standard intelligence tests that measure your cognitive power to associate things that aren't exactly similar? Yes? You're as good as hired!

    And all you need to provide, my friends, is a special hi-tech Patent Validator Device, a simple quarter dollar! Heads? Grant that patent! Tails? Ooh, better luck next time fella!

    --
    Fred

    "A fool and his freedom are soon parted"
    -RMS
  207. iChat prior art by edeloso · · Score: 1

    ...when using Rendezvous messaging with another iChat AV client, and if i've turned on the proper option, not only does the '...' pop up, but i can also see what is being typed by the person with whom i am chatting as they type it... i think this behavior is specific to the AV beta.

  208. Nonsense! No amendment required by werdna · · Score: 1

    As I've posted time and again on every "patent on prior art" Slashdot post since 2000 at least: the PTO has gone on record (including in an interview here at slashdot a couple of years ago) to say that the only source they have or use for Prior Art investigations is their own database. If a patent application has been filed on it, there's prior art. If it hasn't, then there isn't any prior art and it never existed before.

    Wrongo-bongo, you're making this up as you go -- or at least misplacing your reliance on what you read on Slashdot.

    As anybody who has actually bothered to check would know, the PTO routinely cites to non-patent prior art these days in its office actions.

    1. Re:Nonsense! No amendment required by Anonymous Coward · · Score: 0

      Wrong, it doesn't. How do we knoe this? Because an examineer at the USPTO told us so. End of story.

    2. Re:Nonsense! No amendment required by werdna · · Score: 1

      if you say so... it may be "end of story," but it isn't the truth. I see non-patent art cited all the time. Indeed, in a recent article in Intellectual Property Today, a lawyer was griping that examiners have been citing all sorts of art to him in a recent rexamination.

      But you go right ahead believing your unnamed examiner. Whatever you would like to believe.

  209. I don't think so. . . by werdna · · Score: 1

    Zephyr didn't turn off a "typing" indicator based on a timer, as claimed in the patent.

  210. Europe - Sorry, US patents not trusted by Anonymous Coward · · Score: 0

    When Europe buckles its knees to to TRIP's and US patents, all this legacy, golddigging opportunistic patent crap is going to put its economic community at a distinct disadvantage, as designed.

    EEC should adjust dispute resolutions that in cases like this, there is prima facie evidence that it has failed, or been found wanting, by public peer review, failure to state prior are in references etc, patents like this one are invalidated, and a please explain letter posted.

    Recriprication - no. There remains the problem, of say MS waltzing up to powwow, buying their IP - or silence, then applying for the patent . The concept of legal discovery has just been anulled by the courts, when they said just because a cigarette company lied, cheated, and burnt evidence during discovery, they are still entitled to put forward a defence.

    Europe had better consider putting a duty or tax on patent cross licencing, or 'silence' agreements having to be 'registered'.
    Making people put these declarations in patents, will at nill cost improve the respectability of the patent process .

    The quality and information in previous posts, speaks volumes about the merit of this claimed patent, and the responsibility and 'due care' MS or its agents took when applying for this 'patent'.

  211. Um, can I have the royalty checks please? by cafuego · · Score: 1

    I have a CVS entry from December 18, 1998 applying to just this feature in a YAWC style (telnet) BBS. Does that count as prior art? In addition, can I get more royalties because it also warns you if someone is messaging you when you're logging off?
    Can I get free money and retire? Please?

  212. Jabber... by Trejkaz · · Score: 1
    --
    Karma: It's all a bunch of tree-huggin' hippy crap!
  213. No prior art by c0d3h4x0r · · Score: 1

    I can't think of a single IM or chat application that was out before MSN/Windows Messenger that lets you know that someone is typing a message to you without actually showing them typing in real-time. The patent may be for a seemingly small details, but for the reasons enumerated in the patent, it is a surprisingly important distinction from a usability perspective.

    Yahoo Messenger implements this same functionality now, but Microsoft's Messenger had it first. If anything, the motivation behind this patent is probably to squash Yahoo and any other would-be copycats from using the technique.

    Surprisingly, this seems like a pretty good example of the way the patent system *should* be working. There's a real-life implementation, the patent covers an explicit idea (nothing too vague or NYI), and the people who thought up and implemented the idea first now have the right to use it exclusively, for a while.

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    Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
    1. Re:No prior art by Tokerat · · Score: 1


      AIM has had this for years.

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      CAn'T CompreHend SARcaSm?
  214. More court by deathmolor · · Score: 1

    Just because a patent was issues does not mean someone ownes it. The patent office obviously makes a lot of mistakes and it is up to us to take the offending patent up in court.

  215. I remember a multiuser BBS in the 80's... by mark-t · · Score: 1

    If the user you were trying to talk to was in the middle of typing something for the entire time that it would take to transmit the message to the receiver at the recipient's modem rate, you would receive a message on your end that was something to the effect of " is already typing something", which was supposed to be a cue to just be patient. Because you didn't get any incoming messages until you were finished and pressed enter, at which point any inbound messages would come at you before you got an input prompt again, this was a sort of social engineering attempt at preventing the text queues from filling up on machines that had very little memory to spare.

  216. Times are changing, Patents Obsolete? by Business+King · · Score: 1

    Software patents are a major topic of debate. They are brought up in my ethics class it seems every week. I personally don't agree with software patents. I do agree we need a ways for software makers to make money off of their products and hard sweet, heck, I am one of them. We don't need software patents, software has been doing fine for the last thrity years, that is why we have been able to come this far so fast, because anyone can improve upon an idea.

    If software patents were allowed, then we are in essence patenting any particular combination of 1s and 0s that represent a process in real life. If we do not allow for software patents, then we are in essence setting a precidence for all other patents to be revoked, because they are to representing a process, just in real life and not virtually.

    The next quetsion we have to ask is, do we really need a patent system? We base our economy on free enterprise. The problem is that free enterprise is all about protection from competition (duh), so they are going to be looking for ways to protect their product. Therefore they will want a patent system. We have all noticed that products that are no longer protected by patents still get along great without protection. The next argument is that patents provide protection for startups so that tehy may recoup R&D costs. I say that let the best person to make a product make it. It benifits society faster. We are still going to have people who are going to invent stuff since these people are ones that enjoy making stuff better, but instead of all the R&D costs being concentrate within one company, the costs will be spread out across numerous companies and individuals that want a share of the action.

    In conclusion, I ask all Slashdoters what is a software patent, what does it represent, and by saying no to them, don't we really say no to the entire patent system? It is my thought for the day, not sure it if compelty right or wrong, but it is what seems to becoming around the corner.

    Night all, I am off to bed here in Aggieland! WHOOP! If there are any spelling mistakes, I really don't care, it is 12:48 am in the morning.

    Night :)

    -Adam S.

  217. Named prior art by mark-t · · Score: 1

    OpenRPG does this, and it's been around for a lot longer than a year. I know for a fact that it had this feature at least 18 months ago. I notice the patent was filed December 2002.

  218. Re:Don't forget (actually) by macshune · · Score: 1

    >>>I remember it distinctly because my girlfriend's Yahoo wasn't working

    >>Don't worry, it happens to everyone.

    >He said Yahoo.. Not her HooHa

    C'mon, what you really mean is her Cho-Cha.

  219. Reuters Dealing or CSMA/CD or Multidrop lines.... by Anonymous Coward · · Score: 0

    Reuters Dealing system pre-dates IM by many years as a "chat" system between traders. It handles conversations by running as a 1/2 duplex system whereby each end could take over the conversation. You knew who was talking and could send an interupt message to reverse who could talk. What was typed was also buffered and either was sent every so many characters or after a timeout.

    The incremental benefit of IM over RMDS is presence - on Reuters Dealing its assumed that who you talked to was at their desk. With Reuters we're talking green-screen technology here on 1200 bps lines and patents for this are filed with PTO (Reuters Monitor Dealing System).

    Getting a patent on indicating who's talking and using timeouts to poll who's talking isn't really a serious innovation. Whats been described is simply a multi-dropped multiplexor system. Remember multidrops ? What about token ring systems ? these have timeouts and whatever has a token can "talk" and after a timeout loses the token or passes it on. What about Ethernet or rather CSMA/CD - Carrier Sense Multiple Access with Collision Detection. Hell change the CSMA/CD abstracts to say "IM data" and you have Microsoft's innovation.

  220. Hey, PTO examiners by Rogerborg · · Score: 1

    Looking for prior art? Why do it the hard way? Post pending patents here, and believe me, we'll help.

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    If you were blocking sigs, you wouldn't have to read this.
  221. And also used "in a fashion" at Digital by Anonymous Coward · · Score: 0

    Those using DEC's email applications in the early 80's, often used email for chatting short messages with each other. This was back when everyone using a computer was somewhat a geek, so we all used the "active links" feature in the operating system. DEC's email architecture was based on P2P approach rather than client server, so you could see the link (host name and user name) when someone was sending you email. So, 20 years ago, we were aware that someone was responding to your last message, and wait for it to arrive before sending something else. As rewritten in MS/IM, its better integrated into the OS, but it is NOT new. It pisses me off that this 20 year old innovation has been ripped from AOL/IM!

  222. What about IRC? by sglines · · Score: 1

    I remember using a macro to tell me who was on IRC. I think that predates anything Microsoft ever had. In fact the first MS Chat program was just an IRC front end.

  223. So what about IE Pluggins... by Anonymous Coward · · Score: 0

    Whats the problem - they are bieng sued for infringing a patent that was used 3 years before the patent was granted (IE Pluggins) - but the judge decided not to hear the evidence.

    Anyway you will find that MS often then submits these things to standards bodies as royalty free. e.g. RSS. Point out to me where MS has actualy made use of a patent on someone when they were not using it in response to someone elses patent claim where they were supposed to have infiringed something stupid.

    Frankly the US patent office blows goats and would hand out a patent for a business process such as "making a profit", if someone applied for the damn thing.

  224. Still have an archived copy of PowWow 4.22... by macraig · · Score: 1

    I still have four archived versions of PowWow, including the 4.22 final version. Perhaps I should send copies to MS and the USPTO just to shake things up?

  225. Re:Pressing control-G? No. by Yohahn · · Score: 1

    This is describing a packet being sent.

    My ctrl-g caused a packet to be sent notifying the other readers that I had finished typing and there was new information from me.

    What is NEW about their system?