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TVI to Sue Over MS Autoplay Feature

scubacuda links to this Infoworld article, which reads in part "TVI charges Microsoft's autoplay feature infringes on four of its U.S. patents. TV Interactive Data Corp. (TVI) of Los Gatos, California, claims that Microsoft infringes on four of its U.S. patents, three entitled 'host device equipped with means for starting a process in response to detecting insertion of a storage media' and one entitled 'method for starting up a process automatically on insertion of a storage media into a host device.", writing "I hope no one has a patent on the shift key, because that's what I hit when I insert a CD. (That is, when I haven't already edited the registry)" Wouldn't automount / autofs fall under the same shadow?

30 of 408 comments (clear)

  1. Why stop with M$? by Matey-O · · Score: 5, Informative

    The Mac has a 'detect on auto insert' for as long as it's had a floppy drive! (IIRC, the Amiga did too.)

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    1. Re:Why stop with M$? by cbreaker · · Score: 4, Informative

      That's what I was thinking.

      I really hope lawsuits like this don't get upheld... but sometimes they are and sometimes they aren't.

      Auto-insert notification is such a simple thing, it's been in computers forever (and in microsoft land since '95) and just now the lawsuit?

      The worst part is that these patents keep being passed, over and over.. we need some technical people in the patent offices, not temps making $7 an hour.

      Whatever. It's just another case of "let people use it until it becomes vital and you can make a bundle of money, then sue."

      --
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    2. Re:Why stop with M$? by R.Caley · · Score: 5, Informative
      They are claiming a specific way of aranging auto-run, so it may be that (one of) Windows methods infringes, but Apple's doesn't.

      5,597,307
      6,418,532

      Of course, it fails the obviousness test, but since the USPO has aparently interpereted this test to be `obvious to somoene who doesn't know what a computer is and has no problem solving ability at all'...

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    3. Re:Why stop with M$? by Pikhq · · Score: 2, Informative

      Yes, you can patent business processes. Even though it is dubious, it has happened before.

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    4. Re:Why stop with M$? by Blackknight · · Score: 3, Informative

      It's Mac, not MAC.

  2. the patents are.... by bpland · · Score: 5, Informative

    The patent numbers are 5,597,307; 5,795,156; 6,249,863 and 6,418,532.

  3. Priot art (Amiga) by FattMattP · · Score: 4, Informative

    My Amiga would detect when a floppy was inserted and start automaticaly and this was back in 1988.

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    1. Re:Priot art (Amiga) by teeker · · Score: 2, Informative

      I don't think it did actually - the floppy drives were periodically polled, rather than the drives notifying of a disk insertion.

      I'm not so sure about this. I think I remember there was a special switch in the drive that was used to support this feature...there were only a few manufacturers that made the particular mechanism with it...Canon, Chinon maybe...other mechanisms (Matsushita I think made one like this) could be used but then you needed a to run a CLI command when you inserted the floppy so it would mount (ie wouldn't autodetect with certain hardware...this part I DO remember clearly). I'm pretty sure there was something in the hardware that supported this.

      But on the other hand, I definitely know those things clicked contstantly, so maybe I'm not remembering it right. Ahhh the good old days of weird incompatibilities....

      And I think the A1000 was doing in in 85, so that's almost as long as the Mac.

      --
      teeker
  4. Amiga 500 by MullerMn · · Score: 3, Informative

    The Commodore Amiga had this from atleast the Amiga 500, possibly earlier and that was in 1986.

  5. newspaper by Anonymous Coward · · Score: 1, Informative

    Well, as soon as someone hands me a newspaper, or a book, i start reading it, without thinking about it.
    then im sometimes attracted to a particular thing, typically on the frontpage, and it draws my attention to the point where my consciousness reads it too.

    prior art, i guess cave paintings would be about the same.

    Xiph

  6. Re:Prior Art by supersam · · Score: 3, Informative

    I'm afraid that isn't a valid comparison and won't count as prior art in this case. Bootable floppies do not autostart when inserted into the floppy drive. It is only during the boot-up process that these floppies would be accessed and read without human interaction.

  7. autofs etc. by tubabeat · · Score: 3, Informative

    Wouldn't automount / autofs fall under the same shadow?

    No, autofs/ automount automatically mount media (be that an NFS share or whatever) when they detect it is needed (so the process is demand driven rather than media driven).

    Perhaps you're thinking of supermount

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  8. Re:No kidding by bhtooefr · · Score: 5, Informative

    Actually, Windows (and DOS) always assumes that a disk is inserted whenever the drive is mounted. It does check to be sure that it's the SAME disk, and it only does this on an access attempt. The only hardware that can autodetect mounting of a floppy disk is the Mac, and it's done it since 1984.

    Here are the dates on the patents:
    5,597,307: January 28, 1997 (filed May 11, 1995)
    5,795,156: August 18, 1998 (filed November 1, 1995)
    6,249,863: June 19, 2001 (filed May 3, 1999)
    6,418,532: July 9, 2002 (filed March 22, 2001)

    Also, here's the date on the Microsoft Autorun patent:
    6,366,966: April 2, 2002 (filed December 13, 1994)

    So, while three of the TVI patents are OLDER than the Autorun patent, the Autorun patent was filed six months earlier than the first TVI patent.

  9. More prior art by Anonymous Coward · · Score: 2, Informative

    So does my first (1982?) VCR. If the record tab is removed, then the VCR goes to play. This is a standard feature with almost all VCRs today....

  10. This would be the light entertainment story, yes? by ectoraige · · Score: 2, Informative

    Additionally, TVI charges that Microsoft patent 6,366,966, entitled "method and system for automatically running a program" interferes with the TVI patents as it covers a TVI invention.

    Funny, that patent was filed on December 13, 1994.
    The earliest of the TVI patents was filed on May 11, 1995. Now maybe their "invention" was developed prior to MS's patent application.

    I just find it funny that, on one hand, they'll be trying to use their products as prior art, while at the same time hoping nobody else's products are used against them...

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  11. Much Prior Art by digime · · Score: 2, Informative

    The patents and dates are:

    • 5,597,307 : January 28, 1997
    • 5,795,156 : August 18, 1998
    • 6,249,863 : June 19, 2001
    • 6,418,532 : July 9, 2002

    LaserDiscs were the first optical disc storage media, invented in the late 1960's by Philips. The compact disc was developed from this technology in 1980. The LD players were first available on the market in 1978, and first demonstrated in 1972. These players automatically played the video on the storage media, so this has been around for at least 30 years. It's also in CD players mentioned in earlier posts, which came just a little later. I often wonder if the employees of the US Patent Office came here, very recently, from another planet. That might explain why they have no clue about prior inventions.

  12. No autorun by Mr_Silver · · Score: 2, Informative
    I hope no one has a patent on the shift key, because that's what I hit when I insert a CD. (That is, when I haven't already edited the registry)

    You don't always have to edit the registry. Sometimes its a simple point and click job. Details are here.

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  13. Re:No kidding by Archfeld · · Score: 4, Informative

    still think unix automounting FS's predates all of this. When a NFS system is initialized my system detects the mounted media and mounts it for me without any user interference or action. But I do remember the MAC chunking away on the floppy upon insertion as well. IBM Mainframe machines required the controller to let the machine know new media or devices had been attached as far back as 3081's, based on my admittedly flawed memory...

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  14. detecting insertion of a storage media by frovingslosh · · Score: 2, Informative
    Wouldn't automount / autofs fall under the same shadow?

    Heck, wouldn't starting to play the pre-recorded tape when I insert it into my old VHS VCR also fit the discription? I've had VCRs that do that for 20 years.

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  15. Re:Patently absurd? by sulli · · Score: 3, Informative

    I remember using that very feature of the Win95 beta. Also, Mac OS 7.x supported autoplay - here's a model from 1992 that had a built-in CD-ROM drive and used this OS.

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    sulli
    RTFJ.
  16. Re:One good thing about patent ridiculousness.... by ZoneGray · · Score: 3, Informative

    When the big gorillas have patent fights, they just sign cross-licensing agreements, effectively forming a cartel. This is actually a case of the little guy suing the big guy, which seems to be more the norm for ridiculous patents like this one.

    What strikes me on this one is that it was filed in 1995, and the filing specifically mentions CD-ROMs and Wintel PC's. How could this have escaped notice until now? It's not as if it was hiding in some dusty filing cabinet for years, it was filed by the same company that currently holds it, while Windows 95 was in beta!

    I dunno, maybe the USPTO is right, maybe this stuff isn't so obvious. Even the people who filed the damned patent couldn't figure it out.

  17. Re:Patently absurd? by John+Hasler · · Score: 2, Informative

    What counts is the date the invention was reduced to practice, not the date of application.

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  18. what about HR 1561 by ProfBooty · · Score: 2, Informative

    Slashdot posters aren't exactly on top of USPTO related news.

    Congress is already reviewing the patent process via HR 1561 being voted on today?
    United States Patent and Trademark Fee Modernization Act of 2003 is important as it allows for inventors to submit their own searches from an outside source, such as the european patent office or a private search firm.

    On a side note, tax payers don't pay patent examiners. The USPTO is a fully fee funded agency.

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    Bring back the old version of slashdot.
  19. Thinking like Microsoft by Tassach · · Score: 3, Informative
    Microsoft has a proven track record of rolling roughshod over everyone else's IP rights. Just look at what happened to Stac. They patented a technique for doing transparent real-time compression on a mounted filesystem. Microsoft blatantly and fragrantly violated the patent when they build filesystem compression into thier products. Basically, they said "so sue us" to Stac, and used their legal muscle to keep the case tied up in court until Stac went bankrupt.

    If microsoft wouldn't pay licensing fees for a patent which was clearly legitimate, why would they pay out for one as dubious as this one?

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    1. Re:Thinking like Microsoft by caspper69 · · Score: 4, Informative

      Actually, Microsoft didn't *violate* a patent, they *stole* Stac's code. That was why DOS 6.2 went on to become DOS 6.22 so quickly. You could even scan the executables for DriveSpace (I believe that's what it was called) and see Stac's name all over it. And actually, Stac got quite a hefty settlement out of it ($50M+). What really killed Stac was that drive space became so cheap, no one really needed to use realtime compression anymore (at least not at the filesystem level).

  20. I think its refering to XP's autoplay by sgarringer · · Score: 2, Informative

    I dont think they're refering to the autoplay in Win9x that runs a specified exe file on insert of a CD-Rom. What I think they're refering to is the new autoplay in Windows XP that does different things depending on the type of media inserted... a disc full of photos and it starts a slideshow, a disc full of MP3s and it adds them to a playlist. If you read some of the patents that are linked here, you'll see that that is the basic premise they patented, the idea of autoplay depending of the type of files contained in the media. Just my two cents.

  21. Really, really prior art by leonbrooks · · Score: 4, Informative

    In... let me see... 1982? I dealt with a PDP-11/23 running RSX-11-M-PLUS which autostarted backups and things when you inserted media (e.g. 1600BPI magtape into a Cypher F880(?) tape drive). We also had monstrous great two megabyte removable hard disks the size of a sombrero, and the system would auto-start things when the correct one of those was inserted. It had been doing these things for many years before I arrived on the scene.

    A local Fight'o'net BBS operator I know, back in the same era, had a process auto-start when you inserted a tape cartridge (snail-mailed from the 'states) full of downloadables in your '286.

    So they're just being SCOlets, pump-n-dump barratrous assholes. It seems to be trendy these days.

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    1. Re:Really, really prior art by tiger99 · · Score: 2, Informative
      Yes, that would be prior art!

      I seem to remember that in the early days of MessyDOS, small TSR programs could be loaded which would do that when a floppy was inserted. Don't know the exact year they would have been first used, but it was pre-286 IIRC.

      What about other computers? The microprocessor dates from about 1972, realistically about 1975 before they were much used, but computers with removable storage date from (very approximately) 1950. Maybe some of the early ones started a process on inserting a punched tape?

      There is got to be vast amounts of prior art, again it seems that patents are handed out willy-nilly without any proper checks. That should be illegal, and the relevant patent office ought to be responsible for the results of their negligence, after all they have charged a fee for issuing something worthless.

      I still say that all patent applications (except in a very few special cases) should be initially published worldwide on the internet, as the most reliable and efficient way of finding any claims to prior art. Then this sort of thing could not happen. Because technology is sold worldwide, the patent system needs to operate on a worldwide basis, and if it was done that way, there might be sufficient patent examiners to do the job properly. Instead of the limited resources in each country being used, duplicating effort, a patent would only need to be examined once (or better, twice, in two countries as an independent check).

      But it would need politicians in the leading economies to agree to make it work, and first you need a politician with sufficient intelligence to comprehend the issue. The leading (non-elected, at least legally!) politician in the leading economy certainly does not fall into that category.

  22. Patent Filing Dates by Zenmonkeycat · · Score: 2, Informative
    November 1 1995 - 5,795,156
    May 3 1999 - 6,249,863
    March 22 2001 - 6,418,532

    June 30 1995 - 5,711,672

    The top three are "Host device equipped with means for starting a process in response to detecting insertion of a storage media," and the bottom is "Method for automatically starting execution and ending execution of a process in a host device based on insertion and removal of a storage media into the host device."

    Considering that the preview version of Windows 95, which included autoplay features, shipped before June 30 1995, it's safe to say Microsoft has prior art in this case. (Not that Microsoft has the only prior art; Amiga and Apple have both been pointed out.) This case is like myself patenting the idea of a typewriter, then beginning litigation against Underwood and Royal.

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  23. Saddam virus aka disk-validator virus by whaley · · Score: 2, Informative

    It was called the Saddam virus (and now we finally 'got him' ;-)

    See:
    http://agn-www.informatik.uni-hamburg.de/c atalog/a miga/html/saddamor.htm

    It would slightly corrupt the disk, in order to trick the AmigaOS into starting the disk-validator, which itself was infected. Very clever trick, as it didn't require running a program or booting from a disk.