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Microsoft Receives XML Patent

gsfprez writes "Well, i'm no patent lawyer, but if I'm reading this right, it seems that the basics of XML are being patented by Microsoft. If not the files themselves - at least what most of us would do with XML files. From the abstract: 'Systems, methods and data structures for encompassing scripts written in one or more scripting languages in a single file.' That smacks of what my config files do on my G5 for my G5, if you read it with a biased eye." We noted this was happening earlier, and now it's finally come to pass. While the patent does sound a bit dubious, a Microsoft spokesman was quick to deny that they'd be so bold as to patent XML itself.

113 of 441 comments (clear)

  1. Quick... by shrykk · · Score: 5, Funny

    Someone go patent .txt files!

    --
    #define struct union /* Reduce memory usage */
    1. Re:Quick... by AKAImBatman · · Score: 3, Interesting

      For all I care, IBM can HAVE EBCDIC.

      Other mainframes such as Unisys use EBCDIC too. I hate to say it, but a good portion of the world's data is still on Mainframes and still in EBCDIC.

      When a-z are non contiguous... shudder. /me misses it not.

      You have to admit that the idea to control lowercase and uppercase with a single bit has it's advantages. In one operation you can test both 'a' and 'A'. ASCII makes you use test on both and use addition and subtraction instead of the more computer friendly bit flips.

    2. Re:Quick... by anakuran · · Score: 4, Interesting
      ASCII makes you use test on both and use addition and subtraction instead of the more computer friendly bit flips.

      Really? What's this then?
      01100001
      01000001

    3. Re:Quick... by eggnet · · Score: 5, Informative

      You have to admit that the idea to control lowercase and uppercase with a single bit has it's advantages. In one operation you can test both 'a' and 'A'. ASCII makes you use test on both and use addition and subtraction instead of the more computer friendly bit flips.

      What makes you think that isn't true for ASCII? In ASCII a-z and A-Z are continuous and in-order with "A" starting at 65 and "a" at 97. That's a separation of 32, which makes them differ by a single bit.

    4. Re:Quick... by rixstep · · Score: 2, Informative
      ASCII makes you use test on both and use addition and subtraction instead of the more computer friendly bit flips.

      Eh? It does?

      if (c & 0xdf == 'A')

    5. Re:Quick... by ScrewMaster · · Score: 4, Funny

      Better yet ... someone go patent the idea of a .DLL file. THAT'll throw 'em. Maybe we can cross-license .XML for .DLL, and avoid .XML hell.

      --
      The higher the technology, the sharper that two-edged sword.
  2. Microsoft has never used a patent offensively by ObviousGuy · · Score: 5, Interesting

    They are typically the target of dubious patent lawsuits, actually.

    If anything, I'd imagine that this was more defensive than anything else.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:Microsoft has never used a patent offensively by Anonymous Coward · · Score: 5, Funny

      But...but... its MICROSOFT. And this... this is SLASHDOT.

    2. Re:Microsoft has never used a patent offensively by gcaseye6677 · · Score: 5, Insightful

      What will they do with all of those patents years from now when they have lost, or are about to lose, their monopoly on the desktop after some powerful new competitor emerges? Introducing Microsoft's newest division, MSSource!

    3. Re:Microsoft has never used a patent offensively by MrRTFM · · Score: 5, Interesting

      That's not the point. All the big companies are safe from each others patent suits because each of them use technology from the others patents portfolio's.

      The problem is that if they wanted to, they really could crush all new and small companies like a bug.

      I can only really see 3 outcomes:
      1. Software Patents become irrelevant and therefore useless (HA!)
      2. The big companies keep newcomers out with lawsuits
      3. They keep collecting patents but never use them, and small companies live in fear that at any stage they can be crushed.

      Its so ridiculous its almost funny.

      --
      You can't expect to wield supreme executive power, just because some watery tart threw a sword at you
    4. Re:Microsoft has never used a patent offensively by Col.+Klink+(retired) · · Score: 4, Insightful

      Oh, what's this?

      --

      -- Don't Tase me, bro!

    5. Re:Microsoft has never used a patent offensively by Kirth · · Score: 2, Funny

      Yes, terribly funny.

      50 years of bollocks, frivolous lawsuits, waste of taxpayers money, strengthening of monopolies. When will they finally ditch that piece of trash of a law? Oh, wait? Its patents, not war on drugs?
      --

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    6. Re:Microsoft has never used a patent offensively by CrackHappy · · Score: 4, Interesting

      I know the parent is a joke, but at the same time it points out something rather sad about this community. It is rather regrettable that justified or not, anything related to certain companies, ideas or processes is mostly automatically shunned and villified just at the mention of it. Don't get me wrong, I disagree with and sometimes outright dislike Microsoft, but I also try to keep an open mind regarding them. They have proved time and time again that they can and will maliciously perform acts to disrupt competitor's business and livelihood.

      That said, I just want to say that these kinds of patents are absolutely ridiculous. I am really wondering if there is prior art regarding this sort of thing (XML specifically) that can refute Microsoft's patent claim from 2000.

      Anyone have information on that?

      I'm waiting for Groklaw to jump in on this one.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d Capitalization really works: i helped my uncle jack off a horse
    7. Re:Microsoft has never used a patent offensively by mr_infiniti · · Score: 5, Informative

      XML, which is a subset of SGML, was conceived about 1996 and became a W3C standard on Feb. 10, 1998. No one owns the exclusive rights to XML. It is licence-free and platform independant (doesn't sound like M$, does it?) For reasons too off-topic to get into here, suffice to say, there are different schema dialects of XML. The W3C XML Schema Working Group received a dialect submission from M$ in January, 1998, even before XML 1.0 was complete: XML-Data schema language and XDR (the XML Data-Reduced Schema), a subset of the W3C's final recommendation. Needless to say, M$ (and some others) products offer full support for XDR. There are other dialects and schemas of XML as well, such as the well known DTD, XSD, XPath, XLink, XPointer, XSL, SAX, XSLT, etc. and surely others I will offend someone by failing to mention. So to answer your question, M$ cannot patent XML - no way - but they certainly do have prior art to XML-data and XDR. This isn't a big deal because there is no neccessity in using these schema; XML is a great, open-ended language with lots of alternatives - heck, invent your own! Some references: http://www.w3.org/XML/ http://www.w3.org/TR/1998/NOTE-XML-data-0105/

    8. Re:Microsoft has never used a patent offensively by Tim+C · · Score: 2, Informative

      It's a press release. Please supply a list of companies that MS has sued, threatened or otherwise been offensive towards because of their patent on the FAT filesystem.

    9. Re:Microsoft has never used a patent offensively by CrackHappy · · Score: 2, Insightful

      You have a good point. Microsoft is as a whole quite evil. Is everything they do, by default then evil? Do we just always automatically assume that and not look at the facts first? Sure, it can make us quite suspicious of their motives, but my point was more about the people who need to RTFA and the second they see the "Microsoft" in the title they immediately start slinging cliche after cliche and using Microsoft as a way to bolster their own ego.

      Don't get me wrong, I truly believe that Microsoft IS the evil empire. However, that doesn't mean that every time they do something I automatically assume that it must be evil as well. Microsoft is made up of people, and I'm certain that the majority of them are not bad people. As such, it is entirely possible that some things the company does may actually be good.

      Just something to consider.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d Capitalization really works: i helped my uncle jack off a horse
  3. My eyes must be old.. by Anonymous Coward · · Score: 5, Funny

    I first read the headline as "Microsoft Receives XML Patent".... oh shit that was the headline.

    1. Re:My eyes must be old.. by denks · · Score: 2, Funny
      Imagine a Beowulf cluster of XML patents I would like to be the first to welcome our

      patenting Microsoft overlords.

      XML is dying.

      Imagine what would happen if SCO found some of their IP in XML.

      IANAL but I cant see how they can do this.

      click here [goatse] to view the patent.

      --

      I am Monkey, the Great Sage, equal of heaven!
  4. bait and switch by conteXXt · · Score: 5, Funny

    and they sneak a patent though while we all look for the source code.

    --
    The truth about Led Zep should never be told on /. (Karma suicide ensues)
  5. What next? by Carnildo · · Score: 3, Funny

    Gee. Next thing you know, someone'll patent the "A method for gas exchange by alternate inductions of overpressure and underpressure", aka "breathing".

    --
    "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
  6. Sue this by Anonymous Coward · · Score: 3, Funny

    <FRUIT>
    <ITEM>
    <FRUIT NAME>Banana</FRUIT NAME>
    <FRUIT DESCRIPTION>Bananas are yellow, and research
    has indicated that they are the favorite food of
    monkeys.</FRUIT DESCRIPTION>
    <FRUIT IMGSRC>012199-banana.jpg</FRUIT IMGSRC>
    </ITEM>
    <ITEM>
    <FRUIT NAME>Orange</FRUIT NAME>
    <FRUIT DESCRIPTION>Oranges grow on trees, and are the
    main constituent of orange juice.</FRUIT DESCRIPTION>
    <FRUIT IMGSRC>012199-orange.jpg</FRUIT IMGSRC>
    </ITEM>
    <ITEM>
    <FRUIT NAME>Strawberry</FRUIT NAME>
    <FRUIT DESCRIPTION>Strawberries are a popular fruit
    in the Summer months.</FRUIT DESCRIPTION>
    <FRUIT IMGSRC>012199-strawberry.JPG</FRUIT IMGSRC>
    </ITEM>
    <ITEM>
    <FRUIT NAME>Tomato</FRUIT NAME>
    <FRUIT DESCRIPTION>Tomatoes are a vital constituent
    of pizzas and other convenience foods.</FRUIT DESCRIPTION>
    <FRUIT IMGSRC>012199-tomato.jpg</FRUIT IMGSRC>
    </ITEM>
    </FRUIT>

  7. Language by cujo_1111 · · Score: 2, Interesting

    Damn, I wish patents had 2 sections to them, one for patent lawyers and the other for the rest of us to understand what the hell they are going on about.

    I don't believe I am an idiot (open to discussion though :) ) but I find that the language used on the patents makes getting the idea in a logical way nearly impossible.

    --
    If I point out that you are incorrect, making me a foe does not make you any more correct.
    1. Re:Language by jumpingfred · · Score: 3, Insightful

      But the claims are what matter. You have to read the claims to see what is being patented. The abstract is just there to give the claims some framework for understanding what new and novel things are being claimed.

  8. Microsoft to Patent 1s, 0s by Anonymous Coward · · Score: 3, Funny

    In what CEO Bill Gates called "an unfortunate but necessary step to protect our intellectual property from theft and exploitation by competitors," the Microsoft Corporation patented the numbers one and zero Monday.

    With the patent, Microsoft's rivals are prohibited from manufacturing or selling products containing zeroes and ones--the mathematical building blocks of all computer languages and programs--unless a royalty fee of 10 cents per digit used is paid to the software giant.

    "Microsoft has been using the binary system of ones and zeroes ever since its inception in 1975," Gates told reporters. "For years, in the interest of the overall health of the computer industry, we permitted the free and unfettered use of our proprietary numeric systems. However, changing marketplace conditions and the increasingly predatory practices of certain competitors now leave us with no choice but to seek compensation for the use of our numerals."

    http://www.rfcafe.com/miscellany/humor/1n0_paten t. htm

    1. Re:Microsoft to Patent 1s, 0s by rsborg · · Score: 5, Informative
      In what CEO Bill Gates called "an unfortunate but necessary step to protect our intellectual property from theft and exploitation by competitors," the Microsoft Corporation patented the numbers one and zero Monday.

      Give credit where credit is due, coward!

      --
      Make sure everyone's vote counts: Verified Voting
  9. And look how modest they are by vicparedes · · Score: 5, Funny
    a Microsoft spokesman was quick to deny that they'd be so bold as to patent XML itself
    I feel much better now.
  10. not a patent of XML by Pr0xY · · Score: 5, Informative

    this seems more like a patent for embedding a script within XML, which is IMHO fair enough. Read the patent carefully, it is describing using XML in a specific way, not XML itself..

    the text of the /. headline is a bit misleading.

    proxy

    1. Re:not a patent of XML by dekashizl · · Score: 4, Insightful

      Agreed. The patent seems to be about embedding multiple scripts in a single XML file and ways for extracting and executing them appropriately. MS has done this for a while in WSH (Windows Script Host). This is a far cry from "patenting XML".

      That being said, the patent is a bit over the line, as compared to say, the light bulb or the washing machine. I mean, come on... You're putting generic stuff (code of different types) into a generic file type (XML) and then executing it. This isn't especially novel or unique, and I'm sure plenty of people (myself included) have been doing this for quite some time.

    2. Re:not a patent of XML by morelife · · Score: 4, Funny

      the text of the /. headline is a bit misleading.

      W H A T W A S T H A T ? ? ?

    3. Re:not a patent of XML by DA_MAN_DA_MYTH · · Score: 2, Insightful

      Oh you mean ASP, JSP, Possibly PHP, CFM, Miva...

      Interesting...

      --
      "It takes many nails to build a crib, but one screw to fill it."
    4. Re:not a patent of XML by UNFAIRMAN · · Score: 5, Insightful

      You are right to compare their XML claims to what we all do with HTML.

      Let's pick their abstract apart:

      "Systems, methods and data structures" - yadda yadda yadda
      "for encompassing scripts" - a way of storing a script program
      "written in one or more scripting languages" - let's say JavaScript and VBScript
      "in a single file." - Such as within an html file

      "The scripts of a computer system" - as we said, JavaScript and VBScript
      "are organized into a single file " - as we said, an html file
      "using Extensible Language Markup (XML)." - Ok, xml instead of html - but don't forget xml and html are both specific subsets of sml. We'll continue with the html analogy

      "Each script is delimited by a file element" - Give each script a unique internal name
      "and the script's instructions" - The JavaScript or VBScript code
      "are delimited by a code element within each file element." - The code tag goes inside the script name tag. This is similar to a <param> tag inside an <object> in html. This is a case where xml is cleaner than html, and one of many reasons the world is moving to xml. But we'll continue with the html analogy for now anyway.

      "Other information" - attributes
      "such as a name of the script" - in html this might be implemented as <script type="text/javascript" name="somename">. In reality, each JavaScript function has its own name, and a programmer refers to the code by the functions.
      "and a functional description of the script may also be included in the file" - same as the last snipit, where you might have script type="text/javascript" description="This is a description">. Typically html programmers just put this into comments and documentation.
      "using other XML elements to delimit that information." - As stated above, xml is better because of its ability to create tags. But I'm going to continue dragging the html example along.

      "The language in which a particular script is written is also included within the XML format." - Similar to the type attribute in <script type="text/javascript"> or the old language attribute in <script language="javascript">

      "When a particular script is executed," - When a user browses to a page with JavaScript, or runs in some other shell
      "the file is parsed" - yeah, I hope so
      "to create a list of the script names" - similar to function names, albeit with some encapsulation
      "or of the functional descriptions of the scripts." - Its always nice to have a more human-readable version, especially if users are going to see program names.

      "One or more scripts are selected" - On an html page, some JavaScript scripts may run when the page is loaded, others when a form is validated
      "and the code for those scripts is extracted from the file" - read the script into memory into some blob text object
      "and executed" - interpreted and run the script
      "by the appropriate scripting process." JavaScript is done by a JavaScript interpreter, VBScript by a VBScript interpreter, etc.

      "The scripting process that executes a particular script" - The JavaScript or VBScript interpreter
      "is identified from the scripting extension attribute" - Is identified by the "type" attribute as seen in <script type="text/javascript">"
      "that is included in the XML format of the file." - Yeah, this analogy uses html, and we're all slowly moving to an xml world.

      In summary: We're all moving to xml for many obvious reasons, and Microsoft has patented one of them. We've all been adding multiple scripts to our html files for years, and there have been pain points. One promise of xml is to have more easily parsed data and meta-data due to the ability to define tags and the use of hierarchical tags instead of a fixed list of attributes. Every html file I've ever written falls into this classification where xml is desired, and this includes my javascript code. We've all been doing this for years within html.

      What Microsoft has patented is an obvious extension of current industry practices to anyone skilled in the art, and the patent should not have been granted.

    5. Re:not a patent of XML by Artifakt · · Score: 4, Interesting

      It's patentable in part because XML's not like HTML. HT means hypertext, and since HTML is allegedly object oriented, effectively, the claim is that the objects all have the properties of being parts of (hyper)text. X means Extensible. so if you accept that XML is object oriented, the objects can be almost anything you can shoehorn in there. (I know that OOP is mostly a buzzword when it comes to markup languages, but tell that to the Patent Office). The patent Office's view may well be: Since X can be a lot of things the originators never expected, Microsoft's method can make some of those possible objects in XML actual. That meets the tests for novelty and non-obviousness that are part of Patent claims. Since we don't know just what objects can now be better constructed in XML by using this Microsoft patented method, we can't argue that anyone would easily see the obviousness of an application. Trying to say the same about HTML would be (roughly) like claiming that someone had implemented capitalzation and bold face text, but italics or underlining were not obvious steps from there.
      (With that said, I am not a Lawyer).

      --
      Who is John Cabal?
    6. Re:not a patent of XML by servoled · · Score: 3, Informative

      Wow, you wasted a lot of time analyzing one of the least important parts of a patent. Please remember that abstracts, titles and descriptions from the specification don't carry any legal weight, and are just there to satisfy requirements for the filing of patents. The only part of a patent which matters is the claims.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    7. Re:not a patent of XML by meatpopcicle · · Score: 2, Insightful

      What this is really about is so that they can run a program from outside the browser, by using a configuration file.

      Since they lost out on that other patent and are fighting it, by circumventing it.

      This way they can store the data necessary to launch an application externally from the browser by having a xml file parsed and scripts run from it. This way the browser is not using a plugin.

      think about it.

      --
      "You're on my side and the dark side, like Lando Calrissian?" --Gimpy, Undergrads
  11. Piano Teachers Unite! by joelparker · · Score: 5, Funny

    Can piano teachers please patent C# asap?

  12. Standards by DarkHelmet · · Score: 2, Interesting

    While the patent does sound a bit dubious, a Microsoft spokesman was quick to deny that they'd be so bold as to patent XML itself.

    Why bother patenting when you have 90% dominance, add your own proprietary standards, and shut everyone else out?

    Yes, I realize that it's a file format, or even considered to be a database of sorts. But what good is a standard when most people use something that breaks standards? Does that majority make Microsoft a standard in itself?

    --
    /^[A-Z0-9._%+-]+@[A-Z0-9.-]+\.[A-Z]{2,4}$/i
    1. Re:Standards by bmajik · · Score: 2, Insightful

      because if you dont than no-name companies with no technololgy but super vague patents will sue you over totally obvious ideas with plenty of prior art.

      And win, because our patent system and judges are both ridiculous.

      --
      My opinions are my own, and do not necessarily represent those of my employer.
  13. VIM config files by polin8 · · Score: 3, Informative

    Wouldn't VIM config files constitute prior art?

    They can be written in VIM script, perl, python, and ruby al lin one file.

    What about html and php?

  14. Did they really even read the patent? by OverlordQ · · Score: 4, Insightful

    XML based script automation

    What part of that says they're patenting XML?

    Systems, methods and data structures for encompassing scripts written in one or more scripting languages in a single file. The scripts of a computer system are organized into a single file using Extensible Language Markup (XML).

    To me, yes I know I'm not a patent lawyer, basically makes it look like they're patenting the process of combining n scripts into a single XML file, whereupon each individual script can still be called/ran/whatever.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:Did they really even read the patent? by Twylite · · Score: 2, Interesting

      I don't think they are patenting XML, but they've patented every possibly way of combining multiple scripts into a single file and allowing one or more to be extracted and executed. One of the file formats specifically described is XML.

      In other words they've patented using any form of electronic data storage and retrieval mechanism (file, database, etc) for storing scripts. This is complete bullshit. You would be violating this patent by using a loopback mount for /etc/rc.d .

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
  15. Quick.... by Anonymous Coward · · Score: 4, Funny

    someone patent the < symbol. Then Microsoft's patent will be useless.

  16. How big was the bribe? by brett_sinclair · · Score: 2, Insightful

    Even if the USPTO doesn't employ the brightest of minds, their employees can't be this stupid. There must be some kind of bribe involved (a big one, one would hope).

    Basically, this patent covers combining "scripts" (as in perl, javascript et.al) that are usually stored in separate files into a single XML file. It doesn't even have to be kosher XML: the patent
    says XML "or the like".

    This is the kind of patent that you could easily violate without knowing it existed: all you have to do is (1) lump together scripting code in one file that vaguely resembles XML and (2) let a user decide which script to run. That's all

    1. Re:How big was the bribe? by Raptor-DP · · Score: 2, Interesting

      XSL. It is pretty much a patent on XSL. I've begun working with it, and it pretty much is a script put into XML format. Quite a nice little technology too.

    2. Re:How big was the bribe? by Rick+the+Red · · Score: 2, Insightful
      their employees can't be this stupid
      Oh, yes, they can.
      --
      If all this should have a reason, we would be the last to know.
  17. unimaginable consequences by Anonymous Coward · · Score: 5, Funny
    Next thing you know, someone'll patent the "A method for gas exchange by alternate inductions of overpressure and underpressure", aka "breathing".

    By your definition, it sounds as though the development and innovations that would make farting possible would be impeded, since there would be prior art.

  18. Re:Prior Art..? by cujo_1111 · · Score: 5, Informative

    If you read the patent text, you will find it is not a patent on XML itself. It is a patent on the method of encompassing multiple scripts inside an XML file. The scripts can be all written in the same language or different languages.

    I think this may be used to change the way ASP works. It will allow you to use C# and javascript in one file and depending on the system configuration, it selects the correct script to run.

    --
    If I point out that you are incorrect, making me a foe does not make you any more correct.
  19. Re:What the Patent Is by Anonymous Coward · · Score: 2, Funny

    so that patent is putting something inside of xml and making use of it.

    wow *puts hands on face in suprise)

  20. Uh... No? by Temporal · · Score: 4, Insightful

    I am reading the patent, and I really don't understand how this could even be interpreted as being a patent on the concept of XML. It is a patent on a system that uses XML, as is pretty explicitly stated in the abstract.

    Whether the patent itself is overly broad is up for debate. However, you can't just quote one line from the abstract and claim that the patent applies to everything in the universe that fits that one line. There is a reason for the body of the patent: to describe the specifics of the invention they are patenting.

  21. Okay is this just me by CrypticSpawn · · Score: 2, Insightful

    Sounds something like WDDX, but with executable code segments. This patent stuff is getting crazy.

    1. Re:Okay is this just me by Elwood+P+Dowd · · Score: 2

      "Sounds something like , but with " is a valid patent, even where or are items of dubious patentability.

      Not that it should be a valid patent, but... Microsoft isn't exactly stretching the rules here. The rules are clear. And fucked.

      --

      There are no trails. There are no trees out here.
  22. next please? by dakan · · Score: 2, Funny

    I'm wondering what microsoft is going to patent next? I've got a few ideas though:
    * Waking up in the morning
    * Brushing my teeth (or has someone already got that one?)
    * The way I eat my cereal in the morning
    (I've got more but I think I've got my idea across)

    --
    -This sig has been discontinued after a sudden realization.
  23. U.S. Law Encouraging Software Offshore by joshuaobrien · · Score: 2, Interesting

    U.S. patents aren't as often recognised or enforced outside the United States, so wouldn't it make sense to develop your software somewhere else, for example, India?

  24. Re:Isn't this called HTML?????? by bersl2 · · Score: 3, Informative

    HTML is a direct subset of SGML (Standard Generalized Markup Language). XML is derived from SGML.

  25. Prior Art? by robbyjo · · Score: 5, Informative

    this seems more like a patent for embedding a script within XML, which is IMHO fair enough.

    Can we say Ant anyone? In a way, Ant is also a script, albeit it's geared towards installation. Or did I miss something?

    --

    --
    Error 500: Internal sig error
    1. Re:Prior Art? by osi · · Score: 3, Informative

      or jelly!

  26. In USSR... by Aardpig · · Score: 4, Funny

    <?xml version="1.0" encoding="UTF-8"?>
    <!DOCTYPE html PUBLIC "-//Soviet//Russia" "Very-Strict.dtd">
    <patent owner="Microsoft">
    You
    </patent >

    --
    Tubal-Cain smokes the white owl.
  27. Re:Prior Art..? by gcaseye6677 · · Score: 5, Insightful

    Microsoft knows better than to try to patent XML itself. That would not stand up even with the U.S. patent office in its current state. Instead, they will patent many aspects and possible uses of XML so there will be no practical method to use XML in a meaningful way without infringing a Microsoft patent.

  28. From The Onion by Osty · · Score: 5, Informative

    Please properly credit your source. That article is from The Onion, circa 1998. The site you reference says it got the article from www.cars.com, which may be true, but it doesn't say exactly where on cars.com so the link could be followed to eventually find the real author.

  29. So so tedious. by ProtonMotiveForce · · Score: 2, Insightful

    Come on. If they don't patent pretty much everything they can they'll get sued by some pissant company looking to make a quick buck. They got sued over browser plugins for Christ's sake.

    It's idiotic to complain about them patenting something like this. Complain about it if they sue someone using the patent. Complain about the patent system. Complain about patent system abusers. But don't use this as yet another sad excuse for jumping on the anti-MS bandwagon.

  30. You want a job? by w3svc_animal · · Score: 2, Informative
    >>Even if the USPTO doesn't employ the brightest of minds, their employees can't be this stupid.

    Looks like there is a vacancy in the Patent Office... Are you qualified?

    Link HERE

    --

    Error encountered in IAWebSig.clsSig.Create: Last Procedure: sPrc_Ins_tblSig

  31. Re:Prior Art..? by cujo_1111 · · Score: 3, Interesting

    You don't trust Microsoft do you? :)

    I think you are being a little too hasty in your outlook for the future. The W3C set the standard of XML, Microsoft cannot patent XML itself, it may patent some specific uses for it but there should be enough prior art to stop them from going too far.

    Alternately you could get Bill G, George W and a mad Palestinian in a room to have some fun.

    --
    If I point out that you are incorrect, making me a foe does not make you any more correct.
  32. XYZ... "Using XML" to replace "using the Internet" by Anonymous Coward · · Score: 2, Informative
    The technique being patented is an old one. The technique is used when you an application that you want to script in some way, but want the script called and and it's parameters to be based on some context provided at run time. The script can be in any language and stored in a variety of forms, it just has has to provide an interface or have an adapter provide that interface. Some game mods are actually handled in this way with the scripts stored in a DLL or shared object.

    What MS has been granted a patent on is a specific implementation technique using XML to describe the scripting, language, style, and selection criteria.

    Claims 1 and 2 have been done hundreds of times by different programs, most of the time with a flat file or configuration database. The remaining claims are probably specific enough that they may stand up to prior art claims, although Telecordia licenses an application that uses at least some of those claims. Cisco has a variety of applications that provide this sort of scripting interface, and although they used a raima db in the past they have promised xml configuration soon.

  33. Nifty Idea Nonetheless by Tarwn · · Score: 2, Interesting

    Ignoring the people that clearly didn't RTFA (MS is not trying to patent XML), whether or not MS gets this patent I think I like the idea that they are looking at. Hadn't seen anyone else wander around with it yet, so I will.

    Here's what I see happening. You will have an XML file that will have 4 scripts in it that do the same thing, each ina differant language. At this point whatever actually is configured to run these files will look at a setting to decide which scripting language you prefer these things to run with, then it will perform the task at hand based on that language.
    I can definately see MS's interest in this, it is along the lines of their .Net components that operate client-side or server-side based on the capabilities of the client browser. I think this would take that farther by allowing for multiple scripting engines and the same type of functionality with applications rather than just web components.

    If nothing else it would be nifty, especially if implemented on *nix and other OS's as well. You could write a single script file to make an executable that would run any one of several internal scripts depending on which language was supported.

    Anyways, could be way off with my guess, but I still think it could have some nifty uses...

    --
    Whee signature.
  34. someone should reconsider what a patent means... by cyborch · · Score: 2, Interesting

    Patents are meant to be used for companies for ensure that technology they invent does not get stolen by other companies. MS didn't invent XML. If your legal system let's them patent it then it is flawed very badly.

    I for one are going to ignore this patent outright. Firstly, I'm sitting in europe, safe from the madness that is US law. Secondly, I have prior art. Thirdly, in Denmark buying the most expensive lawyers doesn't make you win cases.

  35. What's actually being patented by vruba · · Score: 5, Interesting

    From skimming the patent, it looks like they're patenting something vaguely like this:

    <versions>
    <version language='perl' interpreter='/usr/bin/perl'>
    print("I am a banana!\n");
    </version>
    <version language='python' interpreter='/usr/bin/python'>
    print 'I am a banana!'
    </version>
    </versions>

    ... in other words, using XML to keep several languages' versions of one script.

    I don't really see the point. There are plenty of extremely portable languages, and what happens if the versions in the XML file fall out of synch? If someone edits the perl version but not the python version, you could be in trouble. Writing a non-trivial algorithm that works exactly the same in two completely different languages (if they weren't completely different, you wouldn't need to drag them both around) seems like more work than just using a portable language in the first place. I suppose it could be useful for keeping scripts across incompatible language versions -- you could have one script for $language v1 though v2.5, and one for all later versions.

    Still, if I were using XML to make my code portable, I'd use Flare or something very much like it. Maybe I'm missing the point, but I think this patent is pretty weird.

    1. Re:What's actually being patented by javabsp · · Score: 2

      If this is the case, then clearly HTML predates it.
      <script language="javascript">
      </script>

  36. Re:Maybe so, still trivial... by Jester99 · · Score: 5, Interesting

    Any competent programmer could come up with a method for doing the same thing in a few hours.

    I already do it! HTML is XML compliant, no? Well, in my HTML documents, I have this tendency to put these little tags, like, <SCRIPT LANGUAGE="JAVASCRIPT"> (some code in *gasp* the JavaScript scripting language...) </SCRIPT>

    And though I don't personally use it, I have seen
    <SCRIPT LANGUAGE="VBSCRIPT"> (some code in *gasp* the VBScript scripting language...) </SCRIPT>

    Isn't that what they just described in this patent? *scratches head*

  37. ... Like Javascript? by peatbakke · · Score: 4, Informative
    If I'm reading this correctly, the patent isn't about XML itself, but rather using XML as a container for various types of high level scripts.

    From the summary of the patent:

    The present invention incorporates the scripts of a computer system into a single file using Extensible Markup Language (XML) or another suitable format.


    I'm seeing a conflict of interest with client-side web scripting, particularly Javascript and VBScript. Strangely enough, later on they even reference Javascript:

    Within the <file> element, the "extension" attribute is used to indicate the language in which the script was written. For example, if the script was written in JavaScript, then the extension attribute in the file element would read "<file extension="js">".


    Looks suspiciously like <script language="Javascript"> to me.

    On the other hand, there's a lot of talk about "CDATA" in the patent. From what I grok, the patent is specific about using CDATA elements to encapsulate scripting languages. The listed example makes sure to encapsulate all the executable code within <!CDATA> tags .. can anyone clarify whether or not this means that a document must use the CDATA convention in order to be covered by this patent?
  38. Re:You mean Db by kfg · · Score: 5, Informative

    You are incorrect. E# exists, as does B#, and any singer or violinist can produce them.

    You are violating the intellectual property of J.S.Bach. His lawyers shall contact you anon.

    How is your temper?

    KFG

  39. A Quick Cluestick for the Clueless. by plastik55 · · Score: 2, Informative
    Many people seem to be confused over the nature of the patent system. Here's what you need to know in order not to be misled by the willfully ignorant:
    • Patents are composed of an abstract, a list of "claims," and supporting information.
    • The abstract is not an adequate or reliable description the patent. The first sign of willful ignorance is when a person such as the submitter of this story quotes from the abstract as though it means something.
    • The list of claims and supporting information defines the coverage of the patent precisely.
    • Every one of the claims must be implemented for a system to be covered by the patent.
    • READ THE LAST POINT AGAIN.
    • Thus, every additional claim limits, rather than expands, the scope of the patent.
    • If a competitor constructs a system that implements all but one of the claims, it is not an infringement.
    • READ THE LAST POINT AGAIN.
    What can you conclude? A patent which mentions XML in passing while describing a complicated system, is not patenting any aspect of XML. Rather, it is patenting the system as a whole, which is an application of XML along with other mechanisms.

    A competitor could build an equivalent system which does not use XML, or a slightly different system which does use XML, and it would not be an infringement.

    Either this is a non-story, or it is woefully misdirected. I'd be more concerned that Microsoft is trying to patent the idea of "choosing a script from a menu" than that their implementation uses XML.

    --

    I have a positive modifier on Troll. When I mod someone Troll their karma should go UP!

    1. Re:A Quick Cluestick for the Clueless. by thebatlab · · Score: 2, Funny

      "Either this is a non-story, or it is woefully misdirected."

      This is slashdot so I'll go with the woefully misdirected one.

    2. Re:A Quick Cluestick for the Clueless. by SWPadnos · · Score: 4, Informative

      Actually, that's only partially true.

      Usually, claims are made like so:
      1) A device to clean shit.
      2) A device of claim 1, which further Disinfects;
      3) A device of claim 1, which further Deodorizes;
      4) A device of claim 1, which both Disinfects and Deodorizes;
      5) A device of claim 4, which further Polishes to a high gloss
      6) A device to clean piss.
      7) A device of claim 6, which further cleans vomit. ...
      (usually limited to 20 or so claims)

      So, if you make a shit cleaner, you infringe under claim 1.

      If you make a disinfecting shit cleaner, you infringe under claim 2 - claim 1 wouldn't cover it alone, since it's an improvement to claim 1.

      etc.

      IANAL, but I have helped to write a patent application (which was accepted). I also have had the distinct displeasure of reading patents to try to find infringement.

      --
      - The Sigless Wonder
    3. Re:A Quick Cluestick for the Clueless. by the+eric+conspiracy · · Score: 4, Informative

      Every one of the claims must be implemented for a system to be covered by the patent.

      Well, no. Claims may be independent, or they may be dependent. Implementation of a single independent claim is enough. Dependent claims include other claims by reference, and are more narrow in scope. The purpose of dependent claims is to give (more narrow) coverage in the broader independent claim is found to be unsustainable by the examiner or in court.

      If a competitor constructs a system that implements all but one of the claims, it is not an infringement.


      In this patent implementation of any of 1, 9, 19 OR 22 would be enough to trigger infringement.

      Additonal claims do NOT narrow a patent's coverage. What does narrow coverage is the inclusion of various requirements in the claims themselves.

      The list of claims and supporting information defines the coverage of the patent precisely.

      Ever hear of the 'doctrine of equivalents'???

  40. Re:tomato==vegatable, by law by log2.0 · · Score: 2, Insightful

    There are other countries in the world.

    --
    Can your karma go above being Excellent?
  41. Re:Maybe so, still trivial... by kfg · · Score: 3, Funny

    No, no, no. You don't get it at all, do you?

    This patent only covers putting both of your examples in the same document.

    Totally different and nonobvious dude.

    KFG

  42. Patent everything! by Anonymous Coward · · Score: 3, Informative
    I read much of the patent. They seemed to be patenting something that's been around for years. Word Perfect had scripting for its documents circa 1987. All this does is apply the same idea to XML documents. It should have been dismissed for both prior art and obviousness. It this can be patented, then virtually everything new can be patented.

    The best analogy I can think of appeared when carbon fiber became popular back in the 1990s and began to be used in all sorts of things. By this reasoning, someone could have patented carbon fiber for all sorts of uses: golf clubs, shovel, axe and hoe handles... the list is long. In each of those cases, no one could market such a product without paying royalties.

    Whether Microsoft uses this patent for good or ill, it seems to be yet another illustration that the examiners at the USPTO are blittering idiots.

    --Mike Perry, Inkling Books http://www.inklingbooks.com/

  43. What it really is. by Jason+Pollock · · Score: 4, Informative

    It's an extension of WinFS (or I assume that's what it's for?). Basically, it's a way to associate meta data with a script without having filesystem support for it.

    So, you want to run a script, you do tabbed completion, it gives you a list of scripts and a description of each one. You select it and it is pulled out of the XML repository and run.

    Useful? I would think that metadata in the FS would be a better way to go about it, but I would love an easy way to browse the scripts on my system. New? I've never seen it before. Obvious? Probably?

    On a local system, this is like being able to use winzip to execute scripts inside of the .zip file, complete with descriptions.

    Patenting XML? Nope, not even close.

    The example should make it pretty obvious... Can't include it here, cause slashdot removes the tags. :)

    Jason Pollock

    1. Re:What it really is. by bergeron76 · · Score: 2, Interesting

      Can someone please post some prior art here (or mod this up?)?

      Believe it or not, what you might think is a "trivial" example, could be a landmark issue in the coming years (considering the current state of affairs), so please post any info that you have...

      Kudos to the author for making this subtle yet EXTREMELY valuable "talking point" public!

      We need to stay on our toes, guys - even the smallest details are going to count significantly in the Intellectual Property realm that is the future (and the present).

      Please note: I gave up the opportunity to use moderator points so I could post this. It's of paramount importance kids - NEVER give up your rights!!!

      --
      Don't think that a small group of dedicated individuals can't change the world. It's the only thing that ever has.
  44. Open Office? by bach37 · · Score: 3, Interesting

    What does this mean for Openoffice.org?

    Scott
    (An ignorant clueless person when it comes to what the heck XML is.)

  45. Re:Source code by dekashizl · · Score: 3, Informative

    Here's one that runs in: ANSI COBOL, ISO Pascal, ANSI Fortran, ANSI C (lint free), Postscript, Shell script, 8086 machine language.

  46. Re:Uh... No? by HiThere · · Score: 2, Informative

    But if I understand correctly, they are patenting the idea of storing a collection of code in an XML file.

    Given XML, that's so obvious that it's already been done by several different groups, independantly. And MS is the only one that didn't think the idea was too obvious to patent.

    It was also common practice. (Not best practice, as good supporting tools aren't yet widely available, but not uncommon, either.)

    It also has as prior art:
    1) Stored procedures in a database
    2) Some FORTH dialects which don't compile ahead of time.
    3) Is there a Smalltalk that's like this? I think so.
    4) A wide variety of code libraries, including web pages that allow one to access code via html lookups. (HTML being very close to XML)
    5) Hasn't anyone ever done something like this with SMTP or Docbook? Or Tex? Doesn't SMTP includes XML as a subset?
    6) It's an awful lot like the way an Apple II BASIC Interpreter calls a subroutine.

    I suppose it depends on exactly what they are claiming, and I guess the only way to find that out is to wait for them to sue someone.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  47. Right!!!! by Esion+Modnar · · Score: 2, Insightful
    Microsoft spokesman was quick to deny...

    Not saying they're lying, but SCO at one time denied any plans to attack Linux... You can't trust anything these corporate weasels say unless they're under oath, and probably not even then. (growl)

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  48. hmmmm.......Re:not a patent of XML by Kruid · · Score: 3, Funny
    embedding multiple scripts in a single XML file and ways for extracting and executing them

    Doesn't everyone else call this a virus?

    -k

    --
    Your mind moves quicker than a nun's first curry. - A. Rimmer
  49. Trivial, prior art back to the 60's by jehicks · · Score: 3, Insightful

    I agree. Way trivial.

    Lisp, python, perl scripts programs would be covered by claims 1 and 2, which do not refer to XML at all. Here's a lisp script for example:

    (defun foo()
    "description of foo here"
    (do something))

    Hence Lisp seems to be prior art for claims 1 and 2. The Lisp 1 manual is dated 1963. I don't know if Lisp 1 included the documentation string, but by the 80's when I encountered Lisp the documentation string option was part of the language.

    OK, claim 3: encode such a script in XML. woohoo. XML is obviously isomorphic to S-expressions, hence also copious prior art back to 1961 (S-expression paper).

  50. Re:Prior Art..? by AhBeeDoi · · Score: 2, Informative

    Last year the the Patent Office granted a patent for ecommerce over the Internet. The patent holder, an attorney, I believe, then proceeded with a systematic campaign to sue small businesses that hawk their wares over the Internet. He would "settle" with these businesses for a $5,000 licensing fee, which is substantially lower than the legal fees to chanllenge his patent. He didn't try to sue Amazon.com, who would surely have challenged and invalidated his patent claim. Pretty slimey business, but unfortunately, very legal. The problem is that the Patent Office is so clueless about the patent applications put before them and seems to put little thought about the implications of the patents.

  51. Oh great, a whole new way to create viruses by GrahamCox · · Score: 3, Insightful

    ..just what we all need.

  52. Patent renewals in the United States by tepples · · Score: 5, Informative

    I think that a patent can be "renewed" once

    "Renewal" on patents is different from "renewal" on pre-1978 copyrights. In the United States, patents last 3.5 years after they are granted; patents whose owners pay periodic maintenance fees are renewed to 7.5 years after grant, then 11.5 years after grant, then a maximum of 20 years after filing. Foreign patents may last up to a year longer because a U.S. inventor has one year to file for a foreign patent after having filed in the United States, and other countries' 20-year terms are counted from that.

  53. Re:You mean Db by MrRTFM · · Score: 2, Interesting

    C# is Db - D flat.
    Interesting - DrDobbs made a DOS based DFlat windows framework in the early 90's . IIRC he wanted to call it something else (may have even been C Sharp) but the owner of the then C sharp complained, so he changed it to DFlat.

    Maybe they should take on Microsoft :)

    --
    You can't expect to wield supreme executive power, just because some watery tart threw a sword at you
  54. Sheeple are the same wherever you go by spun · · Score: 4, Insightful

    I have been all over this big wide world and lived in a lot of different places, and majority of people everywhere do, think and say what eveyone else is doing, thinking and saying. This is not to be construed as a bad thing: it puts food on the table. It gives the species the solid base to support the innovators, who do oftentimes get it wrong after all.

    We geeks like to think we are different, and for the most part we are more intelligent than the average. We just aren't all as individualistic as we might like to believe. Geeks may be more selective in the herds they choose to follow, but most geeks still choose to follow one herd or another.

    Not you, of course, dear Moderator person. You're a true individual. It's those other geeks over there. Sheep, I tell you!

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:Sheeple are the same wherever you go by Tim+C · · Score: 2, Insightful

      We geeks like to think we are different, and for the most part we are more intelligent than the average.

      A perfect example - *most* people think that they're of above average intelligence.

      I don't think that we, as a group, are any more intelligent (on average) than any other group of skilled professionals, be they lawyers, artists, businessmen, or what have you. We're just very good at things that we consider require a high degree of intelligence. That's not necessarily always the case, and certainly doesn't preclude other professions also requiring intelligence.

  55. Pretty generic by jkabbe · · Score: 2, Interesting

    The first claim reads:

    1. In a computer system that includes one or more scripts that can be selected for execution by a user, a method for facilitating the identification and selection of the one or more scripts for execution, the method comprising the acts of:

    incorporating the one or more scripts into a file, wherein the file is formatted in such a manner as to enable the one or more scripts to be associated with different scripting languages;

    presenting a list of scripts to a user for selection, wherein the list includes an identifier for each of the one or more scripts, the identifier comprising a descriptive name and functional description of each corresponding script; and

    upon receiving a user selection of a particular identifier that is associated with a script from the list, executing the script that is associated with the particular identifier.


    How many of us here haven't written HTML pages that perform that function? Claims are supposed to be read with the broadest possible interpretation and if *any* of prior art applies anywhere within that range the claim should be rejected.

    I think the problem is that examiners seem to be listed to publications whereas much of what goes on in the computer world is not published - just used. And you would have to literally be an expert in the field to understand the ramifications of claims.

  56. This patent is not JUST for XML... by fireman+sam · · Score: 3, Insightful

    From the patent:

    "While the schema or format of the file used to encompass the scripts of a computer system is described herein in terms of XML, it is understood that other file schemas or formats, such as HyperText Markup Language (HTML), Standard Generalized Markup Language (SGML) or the like or any combination thereof may be used as described herein. "

    PS. How the fsck is this considered an "invention"

    Sounds to me that this patent covers scripting in ANY markup language. I wonder if that little thing called the world wide web with all its scripting in a markup language format (javascript in a html document) would be considered prior art.

    --
    it is only after a long journey that you know the strength of the horse.
    1. Re:This patent is not JUST for XML... by smccto · · Score: 2, Interesting

      You need to understand how patents work. It's not the embodiment of the patent that's important; it's the claims. The claims are very specific that this patent covers scripts, marked with the CDATA keyword, within XML files. The XML in the case is merely a container. They're patenting the use of CDATA scripts within XML - not XML (or any other container) itself.

  57. Re:Maybe so, still trivial... by kjd · · Score: 2, Funny

    No, no, this is entirely different. Microsoft is using <code> tags.

  58. Business as Usual by ca1v1n · · Score: 3, Insightful

    This is typical software industry fare. Every major software company has hundreds of lame software patents, with the purpose of using them only if someone else brings a stupid suit. IBM dropped four patent infringement claims on SCO when SCO started that mess. They could probably find four patents in their database for any company in the industry.

    This isn't a failure of the system. The system is working fine. It's the system itself that's the problem. Software patents are like nuclear weapons. Nobody likes their existence. Everyone has to have them.

  59. Get Real! by Aneurysm9 · · Score: 2, Insightful

    Will you people buy a fucking clue?!? There is no way that this patent could be thought to read on "the basics of XML" or even an exceptionally broad application of XML. The only thing this patent reads on is a method and system for using XML as a database to store scripts in a language agnositc manner with various metadata attached. Read the patent very carefully, not the Abstract, not the Specification, but read the Claims, the only parts that mean anything when it comes to infringement analysis. Particularly, read the first two independent claims, one and nine. There's nothing there other than a method for using XML to store scripts, give a user data about stored scripts, and allow the user to run stored scripts. I dislike the monster in Redmond as much as the next guy, but there's no reason to get bent out of shape over this patent. There's really not much to it.

    --
    There was Cowboy Neal at the wheel of a bus to never-ever land.
  60. ARGHH by Mr.+Troll · · Score: 2

    Sorry if this is offtopic, but I just have to say it. I realllly hate it when people whip out "In the long run we're all dead". That phrase is like, the end all of cop outs.

    Why bother going to school? Why save money for the future? Why read /.? Why bother doing ANYTHING that isnt just instantly gratifiying? After all, IN THE LONG RUN, WE'RE ALL DEAD.

    Sorry, I just had to get that off my chest.

    --
    Kiss my shiny metal ass
  61. Claims, dependent by Anonymous Coward · · Score: 2, Insightful

    former examiner here...
    well, you are close, but not quite;
    Generally, the purpose of dependent claims is to keep additional limitations out of the independent claims, thus enhancing the breadth of the independent claim. Simultaneously, this allows more specific subject matter and limitations to also be claimed. If an independent claim is not allowable, all claims depending on it are rejected as well; however, it is best to additionally reject each dependent claims on some other grounds tied specifically to the matter of said dependent claims.

    1. Re:Claims, dependent by the+eric+conspiracy · · Score: 2, Informative

      former examiner here...

      Eh, inventor here. The fellow that makes his employers rich.

      If an independent claim is not allowable, all claims depending on it are rejected as well; however, it is best to additionally reject each dependent claims on some other grounds tied specifically to the matter of said dependent claims.

      The list of claims in the original application is basically a wish list, and when the examiner rejects you in the first go-around you just narrow the claims to get around his objections. If your first application is approved you didn't ask for enough.

      What is the old saying? A patent is the residual of the fraud by the inventor and his attorney that went undetected by the examiner.?

      What happens afterwards is that the dependent claims provide you with backup in case the broader independent claim(s) are knocked out in court.

  62. There seems to be prior art by Anonymous Coward · · Score: 2, Interesting

    If I read the patent correctly, M$ is patenting scripts in XML.

    I think 'ant' qualifies as prior art. According to this web site, work on ant started in early 1999: http://www.codepedia.com/1/ANT

  63. I am wrong, after all by nonameisgood · · Score: 2, Informative

    Sorry for replying to my own post...
    From the DMCA - rebuts my premise directly.

    "2. Reverse engineering (section 1201(f)).
    This exception permits circumvention, and the development of technological means for such circumvention, by a person who has lawfully obtained a right to use a copy of a computer program for the sole purpose of identifying and
    analyzing elements of the program necessary to achieve interoperability with other programs, to the extent that such acts are permitted under
    copyright law."

    --
    Faith is the very antithesis of reason, injudiciousness a critical component of spiritual devotion. Jon Krakauer
  64. Re:The reason by forlornhope · · Score: 2, Insightful

    Two things:

    First, as long as MS has the patent on the Office 2004 format, they dont need the DMCA. The patent itself precludes others from making use ot the file format.

    Second, and most important, MS has been deemed a monopoly. That means that certain actions that most companies can take, it cannot. So, basically if MS descides to sue an OO.o developer, or company selling the product, all that individual has to do is counter-sue for monopoly violations and say they were only providing compatibility as a way to conduct buisness and offer compitition to MS. MS probably sees that and most likely wont touch OO.o until Office's market share drops below 50%. This is when MS will be come dangerous because then it will not be a monopoly anymore and I garauntee MS will be looking for anyway to regain its market share.

    --
    "We Don't Need No Truthless Heros!" - Project 86
  65. form/function by Doc+Ruby · · Score: 2, Insightful

    How did patents come to cover the "use" of an invention, and not the invented device? With the post-Reagan PTO, the patent protects the title of the patent, and the rest of the work is just a prop. How is anyone supposed to build a better mousetrap, when "device to trap mice" is patented?

    --

    --
    make install -not war

  66. Re:why by TomV · · Score: 5, Informative
    It looks at first sight like it's about WSF files (Windows Script Files, for the Windows Script Host). Early versions of WSH didn't use XML, just raw script in a text file (.vbs, .js), but from WSH2, WSF files look like the following example from the MSDN Library:
    [quote]
    Since one scripting language may not have all the functionality you need, Windows Script Host allows you to combine multiple languages in a single .wsf file. The following example shows a .wsf file that includes both VBScript and PerlScript code:

    <job id="PERLandVBS">
    <script language="PerlScript">
    sub PerlHello {
    my $str = @_[0];
    $WScript->Echo($str);
    }
    </script>

    <script language="VBScript">
    WScript.Echo "Hello from VBScript"
    PerlHello "Hello from PERLScript"
    </script>
    </job>
    [/quote]
    Using XML to delimit script fragments in a variety of languages may or may not be particularly original; it seems to me that this is what the patent's about, rather than (shock, horror, page impressions, revenue) the whole of XML per se.
  67. Re:This is a unix directory by pgrdsl · · Score: 2, Interesting
    I have to say, having read the core of the patent, this is exactly what I thought. More to the point, you can pretty much violate the patent by doing:

    tar cvf etc-rc-d.tar /etc/rc.d

    I'm glad we have Microsoft to innovate such things for us. Nobody has ever thought of this type of thing before.

  68. Why this is too obvious for patenting by Flyboy+Connor · · Score: 2, Insightful
    Microsoft Lawyer #1: "The programmers have something new. It is called XML."

    Microsoft Lawyer #2: "Can we patent it?"

    MSL1: "No, it's in the public domain, or something."

    MSL2: "Why does that mean we can't patent it?"

    MSL1: "Really, we can't. It would backfire. Even the patent office wouldn't accept it."

    MSL2: "So what does it do?"

    MSL1: "I don't understand it completely, but I gather you can use it to define your own extensible file format."

    MSL2: "Come again?"

    MSL1: "You can put anything you want in a file and you distinguish between file items with something called 'tags'. And you can define your own tags."

    MSL2: "Anything you want?"

    MSL1: "Yes."

    MSL2: "Even program code?"

    MSL1: "Yes, anything."

    MSL2: "Then we'll patent that!"

    MSL1: "What?"

    MSL2: "Don't you see? We are not going to patent using those 'tags' thingies for anything, we patent using them for program code!"

    MSL1: "That's so ridiculous it might just work!"

  69. I didn't submit story with that headline... by gsfprez · · Score: 2, Informative

    for what its worth - i submitted the headline as

    "Microsoft Patents 'XML Scripting'"

    which is 100% factually correct.

    why the fsck Cowboy neal changed it to something which was NOT correct is beyond fscking me.

    i specifically DIDN"T call it "Microsoft Recieves Patent on XML" or anything else that might resemble that because that is not what happened and i would look like a dumbass.

    i just got home from an interview - over beers - so it took a while. And this is what i get home to?

    remember this, the next time you read a dumb-ass subject line. It may not have been the fault of the submitter.

    in any case - i shouldn't bitch too much... i'm batting better than .500 on my /. submissions.. (11 of 19)

    --
    guns kill people like spoons make Rosie O'Donnell fat.
  70. Re:There's at least one other possible outcome by Halo1 · · Score: 2, Informative

    You're not alone.

    --
    Donate free food here
  71. Re:The reason by transops.net · · Score: 3, Informative

    "OpenOffice would then presumeably be unable (from the legal perspective) to read and write "Microsoft" XML files."

    I think the reverse engineering clause in the DMCA would protect this sort of behavior. Mind you, I'm not trying to portray the DMCA in anything resembling a rose-colored light, but I don't *think* the example you cited would be problematic.

    I've actually had the opportunity to discuss this sort of thing (or something very similar) with an attorney who's a client of my company. Basically, his verdict on the matter was in concurrence with my interpretation of the law. This is (at best) third-hand legal advice however, and should probably be taken with a larger amount of salt than even ordinary Slashdot posts ;).

    Sig: Seeking partnerships with web design firms.

  72. Prior Art Ubiquitously. Makes my living. by duplicatedAccount · · Score: 4, Informative

    There is no chance that this patent can stand. I make my tax euros exactly that way. I published first implementations of that mechanism around '93 (using SGML of course, there was no XML; LaTeX, Lout, roff and other scripts where mixed). I'm even doing this to implement distributed operating system. I'm using that to proof intrusion resistance, incorruptibility and non-deniability.

    Some looser has wasted some $ for patent fees.

  73. Executable XML... Dangerous? by Zacchaeus · · Score: 2, Interesting

    The patent sounds like an XML file that will contain data as well as the logic to process that data. It is an executable XML file... a set of programs and related data stored in a very portable format.

    Could it be dangerous? Only if Outlook Express or Internet Explorer automatically run the XML as soon as they open it up.

    But no one would do that! Would they?

  74. Re:why by zurab · · Score: 2, Interesting

    You mean like:

    <html>
    <head>
    <script type="text/javascript"> // my javascript here
    </script>

    <script type="text/vbscript">
    ' my vbscript here
    </script>
    </head>

    </html>

    This has been an HTML standard for how long? USPTO scares me.

  75. Slashdot should be funded by the government. by ninejaguar · · Score: 2
    One of the main goals of the Patent Office is not to issue patents for things unpatentable. This is done by research and discovery of prior art or conflicting patents. They are clearly no longer able to provide this function.

    The Patent office is obviously overwhelmed, underfunded, and in danger of becoming obsolete due to excessive rubber-stamping.

    If you think about it, Slashdot is the most efficient and lowcost patent buster. It's an aggregator of ridiculous and clearly unenforceable patents where the issue is analyzed from every conceivable angle. The government should consider funding Slashdot for this service, as they are throwing our tax-money away by using the Patent Office who fail to provide it.

    = 9J =