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Kodak Sues Sony Over Digital Camera Patents

KenC writes "Kodak has filed a lawsuit against Sony alleging that 10 of its patents have been used without permission. Included among the patents as reported via Reuters is electronic camera utilizing image compression and digital storage . Kodak claim the patents involved were issued between 1987 and 2003. More from Bloomberg." As reader Nekura2025 asks "Um, doesn't that apply to all digital cameras?"

364 comments

  1. Not another one by mod_critical · · Score: 5, Insightful

    I was unable to find any more sources for this information, as something like Kodak sueing for a patent on "electronic camera utilizing image compression and digital storage" seems like one of those typical press exaggerations.

    However, if this really is a patent held by Kodak this is just another example of the failure of the patent system to issue appopriate tecchnology patents. This is just like the "One Click Order" patent that Amazon was trying to enforce a while ago.

    I don't understand how a patent could be issued for "electronic camera utilizing image compression and digital storage" when it is simply the assembly of dozens of really patent worth technologies: CCD image sensor, electronicaly programmable non-volitile memory, compression algorithims, and the like

    I sincerely hope that this is either a press exaggeration, otherwise it is clear that technology patent problems are still persisting.

    1. Re:Not another one by torokun · · Score: 5, Insightful

      Don't always jump to conclusions based on the title or summary description of a patent.

      This is probably better read as "a certain type of electronic camera utilizing a certain type of image compression together with a certain type of digital storage"...

      There is absolutely nothing here that could lead you to criticize the entire patent system... aggh...

    2. Re:Not another one by Anonymous Coward · · Score: 2, Informative

      I acknowledged that this might be deceptivly stated. But if it is indeed as it sounds, it would not be the first time.

      See this article.

      See this article.

      See this article.

      See this article.

      There are countless other articles on similar incidents and concerns as well. I wasn't blindly criticizing the entire system. Knob.

    3. Re:Not another one by itbwtcl · · Score: 5, Insightful

      One thing you have to keep in mind is, all patented devices seem obvious when you have the
      benefit of hindsight. The first automobiles were nothing more than an "assembly of dozens of really
      patent worth[y] technologies..." If you have the foresight, the skill, and the facilities to glom
      them together and make something new then go for it.

      The proper use of a patent system is the best way to encourage innovation. Unfortunately recent
      sloppy (and possibly corrupt) patent processing is giving the system a poor reputation. We need to
      be encouraging our govenments to fund, train, and staff the patent offices properly.

      We also need to be encouraging our representatives to enforce a clear and sane patent policy.
      Patents on natural processes, language, and software constructs are purely destructive. Such
      patents are the real threat.

      I don't know if Eastman Kodak's patents are legit, but if they are not it will be because someone
      else thought of the specific device/implementation first. If they legitimately had a "eureka" moment
      then they deserve to hold and enforce the patent.

    4. Re:Not another one by harlows_monkeys · · Score: 3, Funny
      This is just like the "One Click Order" patent that Amazon was trying to enforce a while ago

      I'm amazed at your psychic powers that allow you to discern the contents of a patent entirely from the title. Were you born with this ability, or was it acquired?

    5. Re:Not another one by Anonymous Coward · · Score: 3, Informative
      The patent is 5,016,107, and issued May of 1991.

      The patent doesn't cover compressing images on a digital camera. It covers one (rather broad, it was filed in 1989) compression algorithm (sounded like JPEG) when used in the entire system.

      I can't say definitively, but it sounds as though if the image is compressed before being saved to the media, the patent wouldn't be violated.

      Don't read too much into titles of patents. They need to be descriptive, not specific. For instance, patent 6,703,724 (filed in Nov. 2000) is simply titled "Electric Machine". It is an electric machine, but it is a specific one for grinding minerals.

    6. Re:Not another one by Anonymous Coward · · Score: 5, Insightful

      The difference between this and "one-click shopping" or retroactively patenting browser plugins is that Kodak really did pioneer most of this stuff back in the 1980s and early 90s, and there was a lot of serious R&D and technology advances involved.

      Think back to 1995 ... pretty much every digital camera was made by Kodak.

      Sure, you could get a digital SLR from Nikon or Canon, but it was branded as a Kodak and had a Kodak digital back the size of a coffee grinder mounted onto what was basically a stock 6006 or EOS1.

      And those pro MF and LF backs? And that first 320x200 consumer digicam that cost $1,500?

      All Kodaks.

      Too bad for Kodak they haven't made a competitive digital camera in like 5 years.

    7. Re:Not another one by scdeimos · · Score: 1

      Somebody's probably answered this already, but...

      Kodak does have: Patent number 5,412,427 "Electronic camera utilizing image compression feedback for improved color processing" issued May 2, 1995:
      Patent 5,412,427

    8. Re:Not another one by scdeimos · · Score: 1

      Oh, and: Patent number 5,016,107 "Electronic still camera utilizing image compression and digital storage" May 14, 1991:
      Patent 5,016,107

      oops

    9. Re:Not another one by iminplaya · · Score: 1

      There is absolutely nothing here that could lead you to criticize the entire patent system...

      Especially if you're in the litigation business. That's the only business that benefits from the copyright/patent system. Yes, the system promotes innovation, as in innovative lawsuits. There are a lot of people that benefit from this system, but that doesn't make it good. The businesses that would die without it would be replaced by other, probably more beneficial businesses. Then we could get on with innovating and creating things that we actually need. However, this continuing clash of the titans is very entertaining, and probably should be made into a movie, if "Wall Street" didn't already cover the issue.

      --
      What?
    10. Re:Not another one by Ohreally_factor · · Score: 1

      Damn, you said it way better than I did in a post down below.

      Anyway, does anyone know the numbers of the patents in question? It'd be nice to review them myself, rather than guess at what they are.

      --
      It's not offtopic, dumbass. It's orthogonal.
    11. Re:Not another one by harlows_monkeys · · Score: 0, Offtopic

      Idiot moderator--learn the difference between sarcasm and trolling.

    12. Re:Not another one by kfg · · Score: 2, Informative

      One thing you have to keep in mind is, all patented devices seem obvious when you have the
      benefit of hindsight. The first automobiles were nothing more than an "assembly of dozens of really
      patent worth[y] technologies..." If you have the foresight, the skill, and the facilities to glom
      them together and make something new then go for it.


      See the Selden patent, where a patent attorney claimed patent on the automobile for doing nothing more than assembling "off the shelf" technologies into a single patent, without ever so much as putting together a working prototype.

      The patent was eventually broken, but not until one year before it was due to expire.

      In the meantime Selden made a good deal of money selling ideas which were not his to begin with. In effect, the patent held even though it was broken, the legal process for challanging a patent taking so long that it often becomes a legally moot issue even though the patent is invalid.

      KFG

    13. Re:Not another one by Anonymous Coward · · Score: 0

      Read the patent. Ask older engineers. This was standard practice through the late 80's.

    14. Re:Not another one by iminplaya · · Score: 1

      The proper use of a patent system is the best way to encourage innovation.

      Like communism,(or democracy for that matter) the patent system has never been used "properly". It can't be, considering the kind of people that are, and always have been in charge.

      Unfortunately recent sloppy (and possibly corrupt) patent processing is giving the system a poor reputation.

      There's nothing recent about it. Robert Fulton, the Wright Bros., Edison, etc were all doing this quite a long time ago.

      Don't expect any sane policy when the beneficiaries of the insane policy we're under now are the main contributers to our elected officials.

      --
      What?
    15. Re:Not another one by Dahamma · · Score: 1

      Why not? Apparently that's what the patent examiner did.

    16. Re:Not another one by Anonymous Coward · · Score: 0

      There's a difference?

    17. Re:Not another one by slipstick · · Score: 1

      Actually I'd hazard to guess that there are very few "eureka" moments compared to just pure, plodding research. Science in general is a constant progression with only a few "eureka" ideas that at best have shown a different way at looking at something rather than a complete break with the past.

      Alot of "innovation" is simply being the first one to make an idea actually work rather than a completely different idea that noone would have thought of trying. Than there's the "innovation" of just throwing shit together and see what happens. That is no more "innovative" than discovering gold. I'm sure both were hard work but hardly truely innovative.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    18. Re:Not another one by itbwtcl · · Score: 1

      I am not unaware of the failings of our current system. Nor am I
      unaware of the historical abuses. This is why I advocate reform.

      Totalitarian communism proved nationalization of industry crushes innovation.
      The Soviet Union had some of the most brilliant individuals in the world.
      They also had a gigantic portion of the world's natural resources at their
      disposal. They pissed it away.

      Although historical abuses of the patent system under democracy/capitalism
      have been numerous, this is no reason to give up. We have the opportunity
      to try and strike a balance between individual innovation and the application
      of vast corporate resources.

      You say I should not "expect any sane policy when the beneficiaries of the
      insane policy we're under now are the main contributers to our
      elected officials."

      I say bullshit. I do, and will continue to, expect sane policy. I
      refuse to participate in the group apathy that has become endemic in our community.
      I also refuse to give in to any anarchistic urges. Burning it all down would be
      stupid and wasteful. We have a chance to do things right here.

      Every day we hear about the idiotic results of current patent and copyright
      practices. Every day we get to read defeatist, and frankly trite,
      posts about how we are mere pawns in a game played by "them." The participants
      here at Slashdot could accomplish something if half the time spent on
      such posts was to be used for actually thinking and acting

    19. Re:Not another one by Mycroft_VIII · · Score: 1

      The last two paragraphs. +2 insightfull, but I haven't any modpoints today.
      "I/we can't win!"
      "No, not with an attidute like that you can't"

      "I don't believe it!"
      "THAT is why you failed"

      think about it.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    20. Re:Not another one by Shanep · · Score: 1

      One thing you have to keep in mind is, all patented devices seem obvious when you have the
      benefit of hindsight.


      Not all and I don't think it applies here (I can't say for certain though until I see the actual patents).

      CCD's are designed to capture images to digital data. Digital memory technologies are designed to store digital data. Compression algorithms can be used to reduce the size of digital data.

      It is obvious. More than 10 years ago, I "personally invented" music stored on digital memory cards, while standing in the street thinking about DAC's and "FRAMS".

      Anyone who knew what a CCD was back in 1991 and put some thought into it, would see that some day, digital still cameras could exist utilising them with the OBVIOUS obligatory digital memory and compression.

      --
      War crimes, torture, lies, illegal spying... Would someone give Bush a blowjob, already, so he can be impeached?
    21. Re:Not another one by Ohreally_factor · · Score: 1

      Yeah, I went to ustpo.gov already, and I am too stupid to use their search engine to find kodak's digital imaging patents. Thanks for noticing.

      There are so many ACs, and so few of them are helpful.

      Anyway, it's really not out of laziness that I haven't been able to find anything at uspto.gov. It someone would take pity on poor stupid me and provide some numbers or, even better, links, I'd really appreciate it.

      --
      It's not offtopic, dumbass. It's orthogonal.
    22. Re:Not another one by Johnny+Fusion · · Score: 1

      I actually used one of those Nikons with the Kodak digital back. Darn thing had a hard drive in it.

      Just glad that the Intel Verification Lab payed for it, and I didn't have to.

      We also had a color printer that was considered quite the thing in 1993. Would go through 34 inches of color film (8.5 inches of four colors) for every page printed.

      My dad had this crappy Kodak webcam that took really decent stills in low light. When it came time to buy a 'real' digital camera, I came -> - this close to buying a Kodak.
      That being said, it was a great camera, and it was great to have images in our database.

      --
      There are two kinds of fool. One says, This is old, and therefore good. And one says, This is new, and therefore better.
    23. Re:Not another one by jovlinger · · Score: 4, Insightful

      no!

      there are so many patents out there that have patented the "desire" not the "implementation".

      * I'd like to make shopping on the web easy enough to require only one click!

      * I'd like to compress my images on a camera!

      * I'd like to have richly marked up pages stored on a server and allow remote clients to access and display them.

      These are NOT patent worthy, any more than

      * I'd like a non-fire-based, perpetual source of light.

      However, the invention of

      * carbon filament in a noble gas through which electricity is passed to cause incandesence

      IS a patentable invention, because it is a novel IMPLEMENTATION, not a novel desire. ... or rather, above I should have said "... SHOULD not be patent worthy." I'm sure the system has progressed far beyond its original intentions.

      While I'm on the subject, I'd like to question whether any patents today actually function to foster innovation. It seems that the strategic patent is a very potent weapon AGAINST innovation (on the part of your competitors) by locking others out of a business endeavor you have no intention to persue--yet--but want to keep others from. See the drug industry for rampant examples: They patent the drug, and just when that's about to expire, they patent the messenger whatsit, and when that expires, they patent the resulting whosit... some of which are produced naturally by your body. Hell, they've even started patenting DNA, which they don't even know what it DOES!

      At some point, you have to stop swallowing the propaganda and question these things.

    24. Re:Not another one by che.kai-jei · · Score: 2, Insightful

      lets look at kodak shall we?
      they were the ones who believed that digital photography would never take off and decided that 35mm film needed replacing witha more proprietary inferior and more expensive format the so-called APS.

      as a result their influence on the world of consumer photography has declined and they are showing the worst financial results in the history of the company. and now they sue the people making moeny from their loss? sounds like a certain utah exec has been consulting for them on development/exit strategy.

      kodak is really in your face. they dominate even where they shouldnt be [ie aps], pleaze dont be suckered by their advertising.

      sure they made some great film stocks in the past for still and motion picture photography [and continue to supply them today although they are delcining industries] but if their financial standing is lessened from a genuine lack of vision [no pun intended] and they hope to recoup it by ridiculous patents and wasteful litigation then they deserve to fold. i will miss using some of those great films but hey, their competitors are cheaper and better in most cases.

    25. Re:Not another one by TerminalInsanity · · Score: 0, Flamebait

      I just wish people would stop bitching and put the companys that pull this shit off out of buisness. Dont like them? dont buy ANY of their products, they will fade away and their 'Ideas' will be free once again

    26. Re:Not another one by Caol · · Score: 1

      I will try to pull the complaint and the patents and post them to my site later--I will post the link then. As for how you could get a patent on something that involves so many different technologies, the answer is easy--you don't have to invent every single component or element of a device or method to get a patent on it--you can get patents on improvements to what is known in the art, so long as the improvement is new, useful, and non-obvious to one of ordinary skill in the art. The proverbial better mousetrap. It seems like every newly filed hi-tech patent case brings complaints that the patent system does not work--I do patent litigation and, trust me, without studying the claims or specification of the suit patents, their prosecution histories, or the prior art, it is almost impossible to know what the patents actually cover or whether they should not have issued. I am quite sure that Sony's patent litigation team will be all over these patents with a fine toothed-comb, and will exploit any and every prior art reference to the fullest. Speaking of, a good week to be on Sony's U.S. patent litigation squad--Sony (and many others) were sued (last Thursday or Friday, I think) in a series of suits by Magnaquench involving patents on neodymium-iron-boron magnets which, according to the complaint, are crucial to today's CD/DVD drives. I don't see anyone ranting that these Nd-Fe-B patents or this suit.

    27. Re:Not another one by default+luser · · Score: 1

      I did a paper on this back in college. Such a terrible misuse of the law, but even then it was hardly a new idea.

      Ford's defense was two-pronged - it attempted to show that there was prior art for most aspects of the Selden patent, and it also sought to prove that almost no aspect of the originally patented invention (1879) was in use in a modern automobile.

      Prior art included numerous examples of self-propelled steam vehicles. To refute the claim that Selden's modified Brayton engine was the first internal combustion engine design capable of propelling itself and a vehicle, Ford concentrated on the older 2-cycle engine developed by Lenoir in the early 1860s. The engine was hydrogen powered, and had even been used to drive a crude vehicle well before Selden filed his patent.

      Since Selden's entire defense depended on the vehicle actually working and propelling itself, an engineering team was tasked to build working models of the Selden vehicle (both with modern components, and to the original specs). As a counterpoint, Ford engineers developed a working vehicle based on Lenior's engine.

      Selden's "to spec" design crawled perhaps 10 feet in it's entire lifetime, whereas the Ford Lenior design was almost as capable as modern autos, thus putting another dent in Selden's case.

      As for comparing the Selden vehicle to the modern automobile, there were a couple major differences. The engine used in modern autos was the Otto 4-cycle engine, a completely different animal compared to the Brayton. The ignition system in modern autos was also electrical, as opposed to the open flame ignition of Selden's engine.

      Even with such a shakey patent to ride on, Selden managed to get almost an entire industry under his belt. But he didn't make it without help - the original members of the Association of Licensed Automobile Manufacturers joined in despite questions as to the patent's validity because they saw it as a tool to control the industry. Once they joined together and the group gained credibility, they could refuse entry to their biggest competitors (Ford, specifically). Selden was an opportunist, but had the industry banded together against the obviously unfounded patent, he never would have gotten so far.

      Thus, you can see why I hate patents so fiercely: they're so immensely corruptable, yet there's really no better realistic solution.

      --

      Man is the animal that laughs.
      And occasionally whores for Karma.

    28. Re:Not another one by kfg · · Score: 1

      And why Jefferson hated them so fiercely, and yet essentially founded the PTO. Would we still followed his precepts though. Then the whole Selden affair never would have happened, nevermind "One Click Shopping."

      KFG

    29. Re:Not another one by Anonymous Coward · · Score: 0

      You don't have any information, you don't understand how a patent could be issued, but you think it shows us how problems are persisting. How the heck does that get mod'd to "insightful"?

  2. Pulling a Darl... by hendridm · · Score: 2, Insightful

    Looks like SCO's business model is catching on. If you can't innovate, litigate! Maybe we could make the Kodak icon the EPCOT Center too? It will be a symbol for all companies whose business model revolves around suing those who were successful where they were not.

    1. Re:Pulling a Darl... by smittyoneeach · · Score: 4, Insightful

      True enough, assuming a spurious lawsuit.
      However, if you had tremendous amounts of R&D money invested, and someone else was turning your effort into market share and killing you, you might fail to detect humor in the situation.

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    2. Re:Pulling a Darl... by Stalke · · Score: 3, Insightful

      I was about to say the same thing along the lines of "Doesn't it sound a bit familar that when a company discovers that its business model is based upon an obsolete technology that is leading them them to bankrupcy, they decide to sue the biggest of the companies that are using the new technology."

      Although unlike sco I think that Kodak is probably looking for a buyout. Good idea really. Kodak's brand is still the largest consumer brand. I can easily see us all buying sony camera's in the future that include "Kodak Colormatch technology" or whatever new tech they want to associates with Kodak's old film brand image (no pun intended).

      --
      -?-
    3. Re:Pulling a Darl... by Anonymous Coward · · Score: 0

      I'd sell your Kodak stock now. Patents are only ever used by rich companies to get richer. They only serve to hurt consumers and limit choices. I would be disappointed if Sony wasn't allowed to use their chip anymore (or be charged a huge license fee in retribution that it would disallow them from being competitive). I love my DSC-P10!

    4. Re:Pulling a Darl... by GlassHeart · · Score: 4, Insightful
      if you had tremendous amounts of R&D money invested, and someone else was turning your effort into market share and killing you, you might fail to detect humor in the situation.

      That situation is never funny, but not all bad situations should lead to litigation. You may have spent millions in R&D, but were you working on something non-obvious?

    5. Re:Pulling a Darl... by fatray · · Score: 1

      If Kodak wants to be like Darl, they need to send a bill for $699 to everybody that uses a Sony camera. This *sounds* pretty legit; they have already licenced a couple of companies and they've been working on Sony for 3 years. That's only an idication--sometimes companies will go ahead and pay for patents that are probably bogus, just because it is quicker, easier, and sometimes cheaper.

    6. Re:Pulling a Darl... by peu · · Score: 2, Insightful

      I'm sorry to tell you this but I'm not sure that the comparision between Kodak and SCO is a good one.
      Kodak really innovates in many fields, you like it or not.

      Next you would say, close the (C) office and void all the patents...

      Try not to generalize

    7. Re:Pulling a Darl... by sonpal · · Score: 3, Insightful
      if you had tremendous amounts of R&D money invested, and someone else was turning your effort into market share and killing you,

      If this were the case, then the blame would fall squarely on your shoulders for poor execution. Kodak had products based on outdated technology, and did the research for new technologoy but did not bring it to market fast enough (perhaps to milk the film products for all they are worth). If Sony managed to bring newer technology to the market faster, Kodak deserves to lose market share because of this.

      This is just competition. When businesses compete, they compete in technology, marketing, price, time to market and other aspects. Kodak should have been out their making products using their R&D, not sitting on their butts working on licensing agreements. They had a better idea of the market because they had several products out there, and we know now that they had the technology for the next generation of products as well, but when Sony beat them to it and made better products because Kodak weren't competitive enough, they want to litigate?

      That's why patents are stupid. If you do the R&D, keep it a trade secret until you are ready to release the product and then use the revenue from that product to innovate the next one. That how you beat your competitors, not by sitting on your laurels. If you aren't willing to replace your own products with better ones, other people will do it for you.

      Perhaps for individual inventors, patents might make sense, because individual inventors have to overcome the barriers of entry in markets. But the current patent system itself creates a huge barrier of entry... 10K for a patent? Gimme a break.

      Perhaps the best thing to do to the patent system is to "open source" it. Basically, anyone can apply for a patent. The docs are posted online. The patent is valid until someone demonstrates why it is obvious, or has been done before (exactly or in another medium). No patent examiners and no lawyers are needed in the application process. If there is a dispute, a judge looks over the body of comments and decides whether the patent is legit. (The judge's involvement invariably happens with current patents anyway, except that right now the judge does not have any peer-review comments to look over, just those submitted by the disputers).

    8. Re:Pulling a Darl... by Anonymous Coward · · Score: 0

      Why would you spend millions on R&D if what you're researching and developing is already obvious?

    9. Re:Pulling a Darl... by SillyNickName4me · · Score: 2, Insightful

      I think that back when Kodak was working on those things, they were not too obvious, no.

      There must be a reason why it took others then Kodak several ears to come up with digital cameras that were actually usable and portable, and at the time Kodak filed this patent, the first webcam had still to be made.

      Having said that, the concept of a digicam itself is obvious, the way they managed to make it practical with the memory limits back then most likely was not that obvious, and that technology would very well scale to today still allowing better resolution... Yeah, it is compression, but how do you do compression when in fact you have less memory available then needed for the initial uncompressed picture so you can compress it?
      (yeah all solvable, just pointing at some non obviousness in this invention)

    10. Re:Pulling a Darl... by SillyNickName4me · · Score: 1

      I know a much better business model for your world, wait for someone to invent something, take their idea, and produce it yourself and sell it.

      Seriously, keeping something a trade secret when lookign for a partner who can do your marketing for example is pretty easy when you succeed with the first partner, but can become very difficult if you have to try with lots of partners...

      Also, there are a zilion other conditions in which the company or person that doesn't have to do the research simply has an unfair advantage.

      No matter how strongly I dislike things like software patents, in and by itself the patent system is usefull. Does it need review? yes I think it does.

    11. Re:Pulling a Darl... by crucini · · Score: 1

      Yours would be a world of excellent execution but minimal innovation. The prize would go to the fastest, cheapest, most efficient manufacturer. R&D would be a weekend hobby for manufacturing engineers - nobody would pay to develop new technology.

      It has its upside and downside. I think China is becoming your world.

    12. Re:Pulling a Darl... by 13Echo · · Score: 1

      This is actually no joke. Mod parent up. Kodak has been bleeding money for some time as the traditional camera market has been depreciated in favor of digital technologies. This is another good example of a company that was too late to change, unable to adapt, and now has resorted to tactics like SCO's.

      It's sad to see Kodak take this route, actually. After their layoffs of many employees (I heard >12,000), it was unclear what might happen to the company. I guess we know now.

    13. Re:Pulling a Darl... by sonpal · · Score: 1
      Yours would be a world of excellent execution but minimal innovation. The prize would go to the fastest, cheapest, most efficient manufacturer.

      All industries should be dominated by the fastest, cheapest, most efficient businesses. If everyone is ging to make the fastest and cheapest product, then it is easy to differentiate on other axes, but that requires R&D.

      If you are an innovator, you know your competitors are going to acquire your innovations at some point. But the important point is that your innovations were in your product first. If you do innovate on a continual basis, you will be acknowledged as the market leader, have brand loyalty and can charge more. And you know you have to make your investment back before the cheapest manufacturers can catch up, but this only enforces fiscal discipline.

      If you're the cheapest manufacturer, then you have the difference between your price point and the next guy up as a potential revenue stream for your R&D. You can increase your prices and use the extra money for R&D, or invest in R&D assured that your innovations will transfer into greater volume (yours, plus at least the next guy up) and you can take advantage of economies of scale to keep the price point the same while making the same profit.

      (Of course, all of this is f***ed up if there is a monopoly around).

      It has its upside and downside. I think China is becoming your world.

      Are you claiming that the Chinese don't innovate? The first DVD player that played MP3 CDs and VCDs was Tiawanese, not Japanese, and it was cheaper. In that particular case, not only did the Tiawanese have cheaper manufacturing, but they also innovated.

      Now I returned that DVD player back, because the UI was not good enough for me and the product didn't seem polished and I later purchase a better quality one. So again, for a particular innovation (DVD players playing MP3s), I was not content with the cheapest / most innovative. I was willing to pay for quality.

      R&D is just one axis of businesses competing. Patents only give businesses that innovate first an bigger advantage than the natural benefits of innovation, allowing them to be inefficient and causing the consumer to pay more.

      Finally, even copying your competition's features requires development if not research, especially if how something was done is kept a trade secret.

    14. Re:Pulling a Darl... by crucini · · Score: 1

      So you propose that businesses pay for innovation in order to get a brief leg up on the competition, which will last until the competition can clone the innovation. That works for some things, not others. You mentioned the problem of monopoly, but there is often a degree of economic coercion. If you come up with an improved can opener, and show it to WalMart, they will call their preferred maker of can openers and tell them to start making it. A patent would give you the leverage to break into that cozy relationship. And no, WalMart probably wouldn't sign an NDA to see your can opener.

      It's nice to know there's innovation coming from Taiwan, but I was thinking of mainland China. And no, I don't associate that country with innovation. And don't drag gunpowder and spaghetti into it.

      It is kind of appealling to think of a more aggressive marketplace, with less cloud of fear from patents. If everyone were reverse-engineering the competitiors and cloning them three weeks later we might get a rapid stream of tiny improvements. But I'm afraid the big improvements wouldn't happen at all. And many times the valuable invention is in the brain of someone who has nothing to do with the industry. Greed is a good motivator to make him write it down and get it into production.

  3. Who could have thought of that? by Nea+Ciupala · · Score: 5, Funny

    Using image compression in a digital camera... I think that idea must be worth... (apply pinky to lip) ONE MILLION DOLLARS!

  4. Doh! by John+Miles · · Score: 5, Interesting

    These patent claims bring a (somewhat) amusing anecdote to mind. Around 1990, I was working at Dell Computer as a wet-behind-the-ears engineer, when the company announced a "patent bounty" of $1,000 per filed application. "Cool!", thought I, as I hastened to write up patent disclosures on every personal project I'd worked on for the past couple of years. (Hey, it seemed like a lot of money at the time.)

    One of the disclosures I submitted was for an ungainly contraption that predated most manufacturers' earliest portable digital cameras. "PicturePerfect" was inspired by the Canon Xapshot, but, unlike the Xapshot, it had the ability to store images independently of a host computer and transmit them as data rather than raw video. It worked a lot more like a modern digital camera than anything on the market at that time.

    The patent committee at Dell was unimpressed. They didn't file the patent(s) I submitted, didn't pay me $1,000... and possibly missed a chance to own a big chunk of the whole digital-photography industry.

    --
    Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    1. Re:Doh! by Anonymous Coward · · Score: 0

      Dude. Why didn't you file it yourself?

    2. Re:Doh! by John+Miles · · Score: 2, Funny

      I'd just spent $2,000 building the damned thing, and being a wet-behind-the-ear engineer with no stock options, was broke. :-P

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    3. Re:Doh! by timeOday · · Score: 1

      More importantly, did you get any 1990 Dell stock options?

    4. Re:Doh! by Anonymous Coward · · Score: 0

      roll on down to Sony .... I'm sure they're interested in prior art ....

    5. Re:Doh! by Anonymous Coward · · Score: 0

      you should have scrapped the whole video project and just applied for a

      "Graduated Voltage Level Indication with a Dual Display Element"

    6. Re:Doh! by John+Miles · · Score: 1

      Those links were separate disclosures. I was trying for $4,000.00, so I ran all four of them up the flagpole.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    7. Re:Doh! by Moofie · · Score: 1

      Dell had ENGINEERS? Ah, the good old days...

      --
      Why yes, I AM a rocket scientist!
  5. You pick the nice fat targets first... by StandardCell · · Score: 4, Insightful

    As reader Nekura2025 asks "Um, doesn't that apply to all digital cameras?" Sure it does...but you need to pick the target with the most money first.

    1. Re:You pick the nice fat targets first... by HFKIRSpyderMonkey · · Score: 2, Funny

      Or, if the RIAA has taught us anything... the targets who are too young to afford defense lawyers with a good track record.

    2. Re:You pick the nice fat targets first... by putaro · · Score: 1

      According to the Bloomberg article, Olympus and Sanyo are both licensees of the patents in question.

    3. Re:You pick the nice fat targets first... by mattdm · · Score: 1

      Sure it does...but you need to pick the target with the most money first.

      I'm no Evil Patent Lawyer, but wouldn't it make even more sense to pick a smaller target first? Big enough to mean something, but not with super-deep legal pockets. That way, you can maybe convince them to give in and establish a precedent -- wasn't that the idea with BT suing Prodigy over hyperlinking?

  6. If we don't destroy ourselves. by readpunk · · Score: 1, Flamebait

    If all the money used to fight these constant, "corporate wars" with there never-ending lawsuits and industrial espionage, we could take that money and prevent any real wars from happening. I'm so tired of this pointless crap.

    --

    ./revolution
    1. Re:If we don't destroy ourselves. by Anonymous Coward · · Score: 0

      Everyone feeds from and draws from the same Font of Universal Knowledge Source, (FUKS) so it really doesn't matter if one hog steps on the other and sues them, the FUK'r never dries up. What's NEXT!? Holographic light-fiber cammies?

    2. Re:If we don't destroy ourselves. by torokun · · Score: 2, Interesting

      sure, if there were a big benevolent dictator in the sky that could decide what "should" be done with the money...

      Paraphrasing Socrates, you had better figure out that you don't know much. None of us does. Thus, the only way that we figure out is through competition. In the marketplace, in ideas, in biological evolution, in almost every area.

      This is just part of that market competition. It may seem wasteful because the amounts are high. But what you aren't seeing is that they are fighting to determine the efficient outcome at a larger scale...

    3. Re:If we don't destroy ourselves. by Ohreally_factor · · Score: 1

      Be careful not to make a fetish of the market. Ascribing all knowledge to market forces such as competition is foolish. I don't want to put words into your mouth, so if you aren't saying this, please explain further what you mean.

      I will admit that the structure of the marketplace has enabled a huge amount of knowledge. I just don't think it's the only factor, or the only way (or even the best way in all cases) that this knowledge gets created/discovered.

      --
      It's not offtopic, dumbass. It's orthogonal.
  7. Shoot the big fish first by powerpuffgirls · · Score: 1, Redundant

    The patents *might* be in all digital cameras, however it's always more profitable to target the biggest corporation first.

    1. Re:Shoot the big fish first by kindbud · · Score: 5, Insightful

      Besides that, Nikon, Canon, Minolta, Olympus and many others use Kodak CCD chips in their cameras. Sony uses Sony chips in their cameras.

      Say what you want about obvious patents, but Kodak is no SCO - they aren't desperate or stupid enough to sue their own customers.

      --
      Edith Keeler Must Die
    2. Re:Shoot the big fish first by Anonymous Coward · · Score: 0

      Good point, *and*, there is no telling which camera companies already pay royalties to Kodak in order to make use of the patents in question.

    3. Re:Shoot the big fish first by gilesjuk · · Score: 1

      It's the ratio between legal costs and potential settlement rewards (not just money but access to each others technology).

    4. Re:Shoot the big fish first by Ohreally_factor · · Score: 2, Informative

      Maybe they'd be doing sony a favor by forcing them to use Kodak CCDs. I have a friend who bought a Sony. He's getting weird purple fringing in backlit areas of his images.

      --
      It's not offtopic, dumbass. It's orthogonal.
    5. Re:Shoot the big fish first by Slashdot+Insider · · Score: 1

      Although Nikon, Canon, Minolta, and Olympus all use Sony CCD chips as well, e.g. the Sony 8MP chip going into each of their flagship consumer machines.

    6. Re:Shoot the big fish first by Speare · · Score: 3, Interesting

      Purple fringing (one kind of chromatic aberration) is almost always due to poor optics, not poor electronics. Lens materials refract light differently based on the wavelength; bad optics don't take this into account as much as good optics. Bad optics let the wavelengths fall on the sensor in different places, and good optics judiciously use coatings and additional elements to re-form the multiple waveforms into a coherent image.

      --
      [ .sig file not found ]
  8. Sounds like an over broad claim by femto · · Score: 1

    Don't the voyager space craft have digital cameras onboard?

    1. Re:Sounds like an over broad claim by Anonymous Coward · · Score: 0

      According to the movie Armaghedon (sp?), patents don't apply in space.

      Which is why I'm hosting my DeCSS and MP3 codecs in an old Soviet satellite that I purchased through eBay. :)

    2. Re:Sounds like an over broad claim by Anonymous Coward · · Score: 0
      Don't the voyager space craft have digital cameras onboard?

      No actually, I believe they carried film cameras, a film processing unit, and television cameras for scanning.

      Paul

    3. Re:Sounds like an over broad claim by femto · · Score: 2, Interesting
      Just did some more probing and found a description of voyager's cameras at NASA.

      Under the Instrument Description section, it says the cameras are 'vidcons' (also user by mariner). That is, they use television cameras, as you said, but the cameras collect photons directly, without an intermediate film stage.

      It sounds like an "electronic camera" to me! Also, the space craft have on board digital storage (presumably magnetic core?) and used compression for the Uranus flyby in 1986. An electronic camera and digital storage were paired well before the craft's launch in 1977. Compression, was used for the 1986 fly by of Uranus, so a combination of 'electronic camera, digital storage and compression' had no doubt been designed and tested well before 1986.

      I'll bet similar systems were also in place on earth bound telescopes.

  9. Kodak is ran by idiots... by DAldredge · · Score: 1

    This is the same Kodak that is laying off a few thousand Americans because they are moving film production offshore so they can compete with Fuji Film.

    Fuji makes its film in the US...

    1. Re:Kodak is ran by idiots... by Anonymous Coward · · Score: 1, Funny

      That's "runned" by idiots

    2. Re:Kodak is ran by idiots... by Anonymous Coward · · Score: 0

      run

    3. Re:Kodak is ran by idiots... by Anonymous Coward · · Score: 0

      is run
      Check your verbs.
      Many of the people who have been laid off have *zero* to do with film production. Film is still made in Rochester. Does Fuji make all of its film in the US? Uh, I don't think so. Kodak still makes film in the USA, though some is made outside of the USA.

    4. Re:Kodak is ran by idiots... by DAldredge · · Score: 1

      Kodak has announced that all film producting will leave the USA in the next 12 months.

  10. This is simple... by oldosadmin · · Score: 1, Insightful

    Patents only exist if it would not be OBVIOUS.

    Lets go through this. I'm a digital camera maker. Technology is that space is limited, and at the beginning, so is picture resolution.

    The obvious combination of the facts is this: We would COMPRESS the images and store them on a medium.

    Technology patents are stupid. People should stop being so damn greedy.

    --
    Jay | http://oldos.org
    1. Re:This is simple... by Anonymous Coward · · Score: 0

      You are living in a bizarre dreamworld, friend.

    2. Re:This is simple... by thogard · · Score: 2, Informative

      You can patent something that would be obvious if the reason behind it isn't. So did they compress the images so they didn't use so much memory or did they compress them because they wanted to export them as jpeg to be standard or some other reason? A 3rd reason could make the patent valid even if the other two are obvious.

    3. Re:This is simple... by Anonymous Coward · · Score: 0

      You made a typo. You mean: "You are living in a bizarre dreamworld, fucktard."

    4. Re:This is simple... by Ohreally_factor · · Score: 1

      Technology is always obvious in retrospect.

      --
      It's not offtopic, dumbass. It's orthogonal.
  11. Last refuge of a scoundrel by amarodeeps · · Score: 4, Informative

    In Rochester, where my parents live, everyone they know who works for Kodak prefaces their statements in meetings with "If I'm still here..."

    That company is going downhill so fast, it's no real surprise they're turning to other sources for revenue. But it is depressing that such a former juggernaut couldn't keep their innovation once their old technology started becoming obsolete...sad they couldn't leverage their older skills and technology. Uh...by sad, I mean, not sad at all, sorry, take another number.

    Or maybe leveraging their older technology is what they're trying to do with these patent suits, I guess...

    1. Re:Last refuge of a scoundrel by cinderful · · Score: 5, Funny

      Locals say you can develop film in the ole Geneseo River in Rocheser because Kodak and Xerox dumped so many chemicals into it.

    2. Re:Last refuge of a scoundrel by sroddy · · Score: 1
      That company is going downhill so fast, it's no real surprise they're turning to other sources for revenue.


      Sounds to me a bit like SCO... and eventually maybe Microsoft. I wish companies would just take their medicine for not getting on the bandwagon in time instead of becoming litigious pieces of &*^%.
    3. Re:Last refuge of a scoundrel by BiggerIsBetter · · Score: 1

      That's a pretty serious worry to me. I imagine MS has a shitload of patents that could be used against Linux/GNU/Gnome/KDE/etc when the need arises. In fact, I'm wondering why they haven't already... unless IBM has had a quite word with them...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    4. Re:Last refuge of a scoundrel by gregorio · · Score: 2, Informative
      That company is going downhill so fast, it's no real surprise they're turning to other sources for revenue.
      Hum. No, it is not: Kodak profits $122 million a year. It's not much (at least for such a well known company) but it's definitely not a sign of a company going downhill. In fact, both profits and icome grow each year.

      How to I know that? Got it from http://finance.yahoo.com/q/is?s=EK.
    5. Re:Last refuge of a scoundrel by Petronius · · Score: 1

      George Eastman used the patent system from day one (1888) to acquire market dominance. This is no "new" source of revenue. Kodak's IP/patent dept. is huge.
      However, this shows that the patent system doesn't guarantee shit for you in the long run unless you keep innovating.

      --
      there's no place like ~
    6. Re:Last refuge of a scoundrel by downix · · Score: 1

      Kodak has also failed to grasp the resurgence of film-based motion picture production either. Do you realize that Super8 film sales are up for the past 2 years? Kodak finally realized this, and are releasing Super8 forms of their higher-end film, the Vision-series. But, there are no new cameras, so this groundswell of Super8 support will be lost to Kodak when some genius company goes "hey, look at the sales growth of Super8 film, let's make a new camera!" and takes away Kodak's market. Already you can get Foma Super8 film, but Kodak still pretty much controls this market. If Kodak released a modern, high-end and high-quality Super8 camera, new revenue stream.

      It's called "retro." There is a growing resistance to newer technology. Look at the growth in the sale of Vinyl records. Look at cars that resemble those of 50 years ago. People are buying into the older technology. Kodak needs a sales stream to compliment their CCD business (which is, in fact, doing well) so why not this?

      --
      Karma Whoring for Fun and Profit.
    7. Re:Last refuge of a scoundrel by amarodeeps · · Score: 1

      The most fucked up thing about that is that I think it is where they get water to make Genesee beer from. But that could just be some sort of urban legend. I don't really need to know that not to drink the stuff though...eeeewwww....

    8. Re:Last refuge of a scoundrel by beerits · · Score: 1

      Locals say you can develop film in the ole Geneseo River in Rocheser because Kodak and Xerox dumped so many chemicals into it.

      Must be why Genny Cream Ale tastes so good.

    9. Re:Last refuge of a scoundrel by iminplaya · · Score: 1

      Linux isn't a big enough "problem" for them yet. Give them time.
      (flame)
      The only reason I would like to see that happen is to make all of you realize just how evil patents and copyrights are. Maybe when you find yourselves on the wrong end of the "big stick", you might find enlightenment and actually try to put a stop to this madness.
      (/flame)

      --
      What?
    10. Re:Last refuge of a scoundrel by Anonymous Coward · · Score: 0
      Kodak has also failed to grasp the resurgence of film-based motion picture production either. Do you realize that Super8 film sales are up for the past 2 years?

      Kodak is a huge company, they can't play to tiny niche markets. Sure Super8 is up. Up from almost zero. That's a huge percent gain, but nothing in the real world.

      BTW, I buy used Super8 stuff (cheap) for my artist friends. Cameras are $5 to $10 at estate and garage sales. I don't know how you think Kodak can undercut that. Super8 also sucks for quality, but that's what cool. It's never going to be mainstream again.

    11. Re:Last refuge of a scoundrel by BiggerIsBetter · · Score: 1

      Woah dude, back off. What's this "make all of you realize" crap? I think most people here on /. generally think software and process patents are crap. Certainly I do, although I can grudgingly accept a specific implementation as being patentable - not that it's even necessary to do so, given existing copyright laws...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    12. Re:Last refuge of a scoundrel by Anonymous Coward · · Score: 0

      It's not a matter of the company going downhill quick, it's a matter of the company outsourcing HUGE chunks of their business because it makes more sense to make larger profit. Why run several tiny in-efficient call centers when you can outsource all of the tiny call centers to one medium call center for a fraction of the price? (Just an example).

    13. Re:Last refuge of a scoundrel by barzok · · Score: 1

      Kodak has been laying off IT staff by the hundreds. The company is sliding really fast. How do I know that? I'm trying to find a job there. I'm competing against over 300 people who just got laid off with more industry experience and no relocation needs (I am relocating to the city). Finding a job is real hard when you're up against that.

    14. Re:Last refuge of a scoundrel by TheWhaleShark · · Score: 1

      I go to college in Rochester (yay RIT), and I can verify that sentiment. Kodak recently had a huge bout of layoffs, and has been showing signs of trouble for quite some time now.

      One of the unfortunate side effects has been in RIT's budget; since Kodak is one of our biggest contributors, their financial trouble has begun to impact us.

      It is unfortunate, especially because the demise of Kodak will really deal a heavy blow to the already shitty Rochester economy.

      --
      "It never got weird enough for me." - HST (RIP)
    15. Re:Last refuge of a scoundrel by ce25254 · · Score: 2, Informative

      Kodak recognizes itself as a leaking ship, but is trying very hard to fix things by cutting out its non-core businesses (for instance, it just got rid of its government business) and at the same time diversify into core-related businesses. They seem to be focusing more on the output of images now than the capture of images. They just bought the other half of the digital color press NexPress in its entirety (it was already a Kodak joint venture).

    16. Re:Last refuge of a scoundrel by WeblionX · · Score: 1

      But then where would you get flowing water from to wash the pictures?!

      --
      (\(\
      (=_=) Bani!
      (")")
    17. Re:Last refuge of a scoundrel by Gojira+Shipi-Taro · · Score: 1

      Indeed. They were shortsighted enough to cling to the "sell film" model for far too long. If they had Digital tech long enough ago to have patents on it, it's their own damned fault they didn't have the intelligance to profit from it. or more to the point they were too fucking greedy. They wanted to milk the public for film/development costs. Now the barn door is open and the cow is gone.

      Too fucking bad, Kodak. Suffer.

      --
      "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
    18. Re:Last refuge of a scoundrel by SethJohnson · · Score: 1


      I'm glad you mentioned Kodak's Super 8 offerings. Sadly, that format is entirely dependent on Kodak's continued existence for its own existence. There are no other Super 8 film vendors.

      I agree with the AC post below. There's no reason for Kodak to market super 8 film cameras now. Their business model is basically, "There's a bunch of free razors laying around on the ground, we'll sell the blades." Not to mention, there are several very high end Super 8 cameras in production today- Beaulieu is the king. There are also cameras being made in Russia. Kodak has already decided to pull out of the camera business anyway, so jumping into the movie camera business would contradict that strategy.

      What would be damn cool for Kodak to innovate, though, would be a cheap AVID-like system for scanning Super-8 film and editing non-linear. Or maybe even a means of transferring digital video to film cheaply. I guess either of these two developments would have to compete with the free plugins available for iMovie that make DV look like old super 8 film.
    19. Re:Last refuge of a scoundrel by whereiswaldo · · Score: 1

      Kodak's oldest patent in the matter was granted in 1991. The most recent, awarded in 2003, was for a device and method for capturing and selecting digital images to be printed.

      When I first saw this story I thought "jeez, another idiotic patent was issued" but then I saw Kodak's patent (in the quote). WTF kind of patent is that? Sounds like they're having a "stupid patent" war, and the industry sure as hell won't win no matter what their settlement.

  12. patents by Rodrin · · Score: 0, Redundant

    I'm tired of all these patent disputes. Bleh. It's getting to be a real pain in the ass.

  13. Kodak is behind by Traa · · Score: 4, Interesting

    This wouldn't have anything to do with the fact that Kodak is way behind in the digital camera market now would it?

    If you can't join em, sue em?

    1. Re:Kodak is behind by garcia · · Score: 1

      I guess but I am quite pleased w/my inexpensive DX4350 5 megapixel camera ($289 from Walmart.com the last time I looked).

      It takes great pictures/movies w/sound and it was really affordable.

      I guess them "going downhill" has its advantages...

    2. Re:Kodak is behind by SeinJunkie · · Score: 1

      This wouldn't have anything to do with the fact that Kodak is way behind in the digital camera market now would it? If you can't join em, sue em?


      The method of suing a company once your technology has become obsolete is a patented process owned by The SCO Group.
      You may expect a notice soon.
      -Darl
    3. Re:Kodak is behind by Tablizer · · Score: 1

      The method of suing a company once your technology has become obsolete is a patented process owned by The SCO Group.

      Maybe Kodak will merge with SCO hoping Darl can find a legal trick for them too. If I was evil and desparate and big that's what I would do. Darl is the Johny Cochrin of Technology OJ's.

    4. Re:Kodak is behind by rgmoore · · Score: 1

      Funny that you should use that article as evidence that Kodak is behind. Take a look at the last paragraph:

      Kodak has taken some significant strides forward. The company was the number one brand in digital cameras in America over the Christmas period and in the top three in Europe and China.

      Kodak's problem doesn't seem to be that they're having trouble getting into the digital camera business; they're actually doing pretty well. Their problem seems to be that they have a large film business that's dragging the company's overall profitability down. Any company would have problems if their main business suddenly became technolgically obsolete. It's a measure of Kodak's good management that they've remained profitable.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

  14. If you can't beat em, sue the hell out of them. by cinderful · · Score: 1

    Kodak totally dropped the ball on digital photography. They were really bad losers in that deal. Their digital sector just turned a profit for the first time last year and are cutting 15,000 jobs. My guess is since they couldn't compete . . . they're just stamping their feet and sending their lawyers into their patent library to look up something to sue with. "Oh, wow. Turns out we own the patent for cameras using digital storage devices?"

  15. I'm getting tired by burbs · · Score: 0, Redundant

    I'm getting tired of companies that are on their last legs reaching like this. But if there is a chance, no matter how remote, I guess they should go for it. But I'd rather put my energy elsewhere.

  16. Prior art: Ansel Adams by Anonymous Coward · · Score: 2, Informative
    Ansel Adams, who died in 1983, knew that digital cameras would be the future of photography long before Kodak filed any of these patents.

    Source: A documentary on Ansel Adams from 1983 or so, which I saw in the late 1980s in high school photography class.

    I can't find anything online about this; too many weblogs about whether Ansel would have actually used digital cameras get in the way of a meaningful search.

    1. Re:Prior art: Ansel Adams by Anonymous Coward · · Score: 0

      It isn't prior art just because you had an idea. You need a working implementation.

      I mean... I knew way back in the day that www would replace gopher. Doesn't mean I can turn around and invalidate patents that were claimed by Mosaic and Netscape.

    2. Re:Prior art: Ansel Adams by Xeger · · Score: 2, Interesting

      An obvious idea cannot be patented. 'Obvious' means that a person of average skill in the art could have independently formulated the idea without knowledge of the "invention" on which the patent is being filed. "The art," in this case, means the art of camera design.

      It doesn't strike me as a great leap that an experienced photographer or optics guy living in the year 1991 with even a reasonable degree of computer knowledge would have been able to foresee the digital camera. Sure, he might not have known about JPEG compression or Secure Digital cards, but CCD arrays were around long before 1991, as were flash memory and good image compression.

      So, with your prior art and with much like it, this patent may well be unenforcable. At least the patent is old enough that we can't shake our heads at this patent as yet another side-effect of the recent patent frenzy. It's a simple case of a patent examiner sleeping on the job, or not being creative or imaginative enough to realize what's obvious and what isn't.

    3. Re:Prior art: Ansel Adams by Anonymous Coward · · Score: 0

      > 'Obvious' means that a person of average skill in the art could have independently formulated the idea without knowledge of the "invention" on which the patent is being filed.

      Hmm, sort of like those new-fangled technologies like "image compression" and "digital storage". What will Kodak think of next!

    4. Re:Prior art: Ansel Adams by the+eric+conspiracy · · Score: 1

      Ansel Adams, who died in 1983, knew that digital cameras would be the future of photography long before Kodak filed any of these patents.

      Kodak isn't claiming a patent on digital cameras.

  17. Some Patents Suck by Eberlin · · Score: 2, Funny

    Can I patent the idea of when a button is pressed, something happens? Then I can sue oodles of companies for infringement. If I make it vague enough, a foot-pedal could count as a button press in which case I can go after the automotive industry as well as the makers of old fashioned sewing machines! Heck, unless you can take pictures with a camera telepathically, this can even be used against Kodak. Mwahahahahaha!!!

    World domination awaits!

    1. Re:Some Patents Suck by eliza_effect · · Score: 1

      Not if I get to my "everything ever" patent first!

    2. Re:Some Patents Suck by Anonymous Coward · · Score: 0

      Excuse me, but your mechanisim is an infringement on my pattent for causality.

    3. Re:Some Patents Suck by DashEvil · · Score: 1

      It is not so far fetched to believe that when telepathic technology comes out that in order to be 'user' friendly it will mimic existing interfaces.

      In other words: Telepathic buttons, your patent is still good.

      --
      -If God wanted people to be better than me, he would have made them that way.
  18. Shades of the Polaroid lawsuits by Flexagon · · Score: 2, Interesting

    What a turnabout. While many here have condemned any possible patents that might be involved in this, it's worth noting that Kodak lost its instant camera business some years ago as a result of infringing Polaroid's patents. Interestingly, neither company is close to its peak anymore.

  19. Kodak probably has those patents too by ObviousGuy · · Score: 5, Interesting

    Kodak, for the past several years, has been pouring money and effort into churning out digital camera IP because they have been having their ass handed to them in the film market. Their film cameras have gone nowhere fast, mostly squashed by Polaroid. Even their digital cameras are being crushed by camera giants Canon and Nikon.

    Kodak may still have the lead in medium format and larger digital photography, but this market is much smaller than the DSLR and consumer digicam markets. But with dwindling numbers of customers for their primary product, mostly lured away by the better quality product of FujiFilm, Kodak has pledged to focus on their digital lineup from here on out.

    So they've got these patents in hand, and it is indicative of actual patent violation on Sony's part that Sony is the only defendant here. Sony is hardly the largest digicam maker. If Kodak really wanted to go after a company that was making these digital photography and storage devices, they would go after Canon. However, they are not, going after Sony instead. This leads me to believe that Sony is either in violation of Kodak's patents or Sony has some IP that Kodak wants to cross license. Perhaps the 4 color CCD?

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:Kodak probably has those patents too by Anonymous Coward · · Score: 0

      Ummmmm, Polaroid is all but dead. The only area that Polaroid had any advantage over Kodak was the Instant developing arean. There was a case of Polaroid having the patents and winning a patent lawsuit in court. Unfortunate thing was Kodak's instamatic and instant developing film was far superior to Polaroid. Polaroid expected Kodak to licence it's tech and Kodak refused and dropped it's instamatic line on "principal". Polaroid lost a major competitor and now can't sell anything but film for it's older cameras as it goes to bankruptcy.

    2. Re:Kodak probably has those patents too by mblase · · Score: 1

      Kodak may still have the lead in medium format and larger digital photography, but this market is much smaller than the DSLR and consumer digicam markets.

      As Apple learned long ago, you don't need to appeal to the lowest common denominator to earn a profit. In fact, the reverse is often true.

    3. Re:Kodak probably has those patents too by Anonymous Coward · · Score: 0
      Ummmmm, Polaroid is all but dead. The only area that Polaroid had any advantage over Kodak was the Instant developing arean. There was a case of Polaroid having the patents and winning a patent lawsuit in court. Unfortunate thing was Kodak's instamatic and instant developing film was far superior to Polaroid. Polaroid expected Kodak to licence it's tech and Kodak refused and dropped it's instamatic line on "principal". Polaroid lost a major competitor and now can't sell anything but film for it's older cameras as it goes to bankruptcy.

      area
      Polaroid's
      its
      its
      principle
      customer
      its

    4. Re:Kodak probably has those patents too by Anonymous Coward · · Score: 0

      Gee, did it ever occur to you that maybe Sony is the only company that doesn't have an appropriate license for the technology? Or perhaps (not likely) they're the only ones without a license that actually infringe?

      For example, one of the patents I read contained claims about a CCD writing raw data to a DRAM buffer, to be processed (demosaiced, compressed, etc) at another DSPs leisure, and written out to a memory card. If the raw bits go right to the DSP, with the processed data buffered before being written to the card, I don't think it would infringe.

      aQazaQa

    5. Re:Kodak probably has those patents too by nero4wolfe · · Score: 1
      It wasn't Polaroid; if you're thinking of film it was probably somebody like Fuji. The old Polaroid is completely gone; it went into bankruptcy and was liquidated. A different company bought the rights to make film, another bought it's id badge technology, and a few other people bought rights to use the Polaroid name.

      I saw a story a while ago about somebody who bought the name Polaroid; did a spec for a flat panel television; getting it manufactured in China, and is trying to get them into stores. I think somebody else bought the name for other electronics (mp3 player, dvd drives, etc.)

  20. Yes, this applies to all digital cameras by Thagg · · Score: 5, Informative

    While this applies to all digital cameras, almost all digital camera manufacturers pay royalties to Kodak for a license to a number of digital imaging patents. Kodak's labs in Rochester were way out in front of everybody on this, back in the late 80's and early 90's. Unlike Xerox PARC, though, with Xerox's mouse/window based PC's, Kodak filed patents on their innovations, and make a good sum of money licensing them.

    --
    I love Mondays. On a Monday, anything is possible.
    1. Re:Yes, this applies to all digital cameras by foldedspace · · Score: 1

      Mod parent up. This is the way I remember it, so it must be correct. ;)

      Kodak still makes some of the nicest DSLRs you can buy. Go check out their website. The 14n and the SLR/n are some of the only DSLRs with full size CCDs.

      They've had lots of consumer grade digital cameras too. I remember lots of people drooling over 2 MP DC290.

      OTOH Sony is far from my favorite company, so I guess I'm biased.

    2. Re:Yes, this applies to all digital cameras by Anonymous Coward · · Score: 0

      "This is the way I remember it, so it must be correct. ;)"

      In your case, I wouldn't be so sure: When you fold space, you warp time as well... So how do you know that what you remember is actually something that happened in the past? Maybe it's actually happening right now, but at a different location? If that's so, then the patents are too late (prior art)...

    3. Re:Yes, this applies to all digital cameras by Technician · · Score: 1

      That must explain why the Kodak image technology logo is on the front of my HP printer. Maybe that is why HP didn't get sued. They must be a Kodak license holder.

      --
      The truth shall set you free!
  21. In other news... by rtilghman · · Score: 1


    Ford sued the Daimler-Chrysler Group on Tuesday for infringement of their patent for using hydrocarbon powered combustion machines to power vehicular transports.

    "This is indeed a strange universe Kodos..."

    -rt

    1. Re:In other news... by kfg · · Score: 1

      You have it all backwards. Selden (of Rochester, NY. Go figure) sued Ford, even though Daimler was the orginal inventor.

      Ford broke the Seldon patents, by the way, as in some repects they were too broad and obvious, and in some respects too narrow (no one actually used the specific engine technology in the Selden patents to make a car).

      At the time Selden filed his suit against Ford he had never so much as made a prototype of his car. Selden was a patent attorney who saw the obvious writing on the wall and filed a patent for what was obviously coming "down the pike," as it were, in an attempt to corner the IP market on the entire coming auto industry without actually inventing anything.

      The tactic is clearly not of modern invention.

      In the case of Kodak they really are the "inventor" of digital camera technology, and thus more analogous to Daimler, and not only built prototypes but sell their technology widely. Of course much of the "invention" is trivial and obvious, but at least they really did develop it.

      KFG

  22. At least... by 222 · · Score: 5, Interesting

    At least they attempted to negotiate with Sony for 3 years before filing suit, and from what i read it sounds like they actually have a couple of solid patents that might hold up.
    Just thought id throw that out there before someone started complaining about how rampant patent lawsuits can be ;)

    1. Re:At least... by WNight · · Score: 1

      How can compressing an image in a digital camera be inventive enough to warrant a patent? Hello!? Image compression has been an idea since the 60s, and the JPEG standard popularized it long ago. Simply the fact that the compression goes on in a camera isn't an invention. The compression, by necessity, happens on the device that creates the image.

      Why is it that in every patent discussion some apologist comes along and tells everyone that tying shoelaces now deserves a patent, BECAUSE OF THE INNER_WEB TH1NGY!!!1! that is somehow remotely involved, or some other retarded change to an old and well-known procedure.

      If this is such a valid patent, why don't you prove it? Tell us some non-obvious claim. (No, the fact that the patent was granted means nothing. The PTO is useless and corrupt, they'll rubber-stamp anything.)

    2. Re:At least... by puppet10 · · Score: 1

      Read the patent, the compression of the digital stream is only a part of the entire device described.

      --
      -------- This space intentionally left blank --------
  23. Does it seem like... by HFKIRSpyderMonkey · · Score: 1

    ...with all the lawsuits in the headlines, companies are just hiring lawyers to see if they can sue anyone for anything? SCO v Linux, RIAA v Pre-teens, M$ v Lindows... Kodak has held these patents for over a decade now, and they're just now getting around to suing?

    1. Re:Does it seem like... by Ohreally_factor · · Score: 1

      Are you actually complaining about the creation of U.S. jobs? Think of all the lawyers Kodak and other companies will have to hire! I'm thinking of going to law school, so I can have a career that won't be outsourced.

      --
      It's not offtopic, dumbass. It's orthogonal.
  24. Fair Use by acd294 · · Score: 3, Interesting

    It is really too bad in my opinion that there is no fair use clause in the patent law like there is for copyrights. The 4th fair use clause in the copyright law is "the effect of the use upon the potential market for or value of the copyrighted work" Cite Here

    What this means for those who dont know, is that in general, if the company being sued for copyright infringement were to stop being able to use the copyrighted work, then the suing company would have a monopoly on the market. There was case using this clause where Sega was suing a company for including copyrighted code in their third party releases for segas console so that even though they werent licensed by sega, they could still be played on the console. Cite Here

    In my opinion there should be something similar in patent to protect against these silly patent lawsuits.

    --
    main(){char *c;while(1){c=(char*)malloc(1);*c='a';fork();}
    1. Re:Fair Use by the+eric+conspiracy · · Score: 1

      IANAL, but my reading of this is that clause 4 had nothing to do with the Sega case. This was a reverse engineering case in which copies of Sega microcode was made during the reverse engineering process. This was ruled legal under copyright law of 1995, but probably illegal under the DCMA. Clause 4 has nothing to do with this case.

      In my opinion there should be something similar in patent to protect against these silly patent lawsuits.

      If such a clause were to exist patents would be worthless. Everybody would use trade secrets instead.

      And as far as this being a silly lawsuit, I doubt it. This is not a software or business process case.

    2. Re:Fair Use by drinkypoo · · Score: 1
      Patents exist to grant monopolies on very specific devices. Your example of the Sega vs. Accolade case is especially not applicable here because the ruling was overturned in Accolade's specifically because Sega did not hold a patent on the console in question; Kodak does hold patents on this technology. Accolade's use of Sega's code was arguably fair use because it did not devalue the Genesis itself, in fact it increased its value, although it could be said that since they collected licensing fees from people who did not reverse engineer the system, it was devalued. Frankly I think a console manufacturer should have the right to prevent non-licensees from releasing games for their system; If people are upset enough about it to buy something that has no such restriction, someone will build a system that suits their needs.

      If we want to protect against silly patent lawsuits we really ought to examine the process for granting patents in the first place. It should, quite simply, be a lot harder to get a patent in the first place - the review process needs to actually be processed.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  25. Nikon, Sharp? by xot · · Score: 1

    I can almost see Mr. Nikon saying "ohh shittt...!" That means anyone who manufacters a device that clicks,compresses n stoes has to pay Sony ??
    Thats the height of Nonsense Patentism.
    As long as it doesnt use a patented algorithm , how can anyone patent a way or method of storage?

    --
    Lord of the Binges.
    1. Re:Nikon, Sharp? by kfg · · Score: 1

      Ummmmm, no. Has to pay Kodak. Which, as it happens, Nikon already does. Hence the absence of a Kodak suit against them.

      KFG

    2. Re:Nikon, Sharp? by Ohreally_factor · · Score: 1

      Nonsense Patentism

      You should patent that phrase.

      --
      It's not offtopic, dumbass. It's orthogonal.
  26. Cleek by illuminata · · Score: 0

    Kodak claimed to have a case, but we'll have to wait for it to develop. But with Sony's digital technology, they were able to have instant results!

    Sony wants to send their case around to all of their friends in the form of an email attachment.

    Whoops, there's a blemish. Hey, no problem! All Sony had to do was whip up an editor and remove it with a few clicks of the mouse!

    Now that case is ready for primetime. All they had to do was open up their favorite email program, attach the case, and send it! That's it!

    Let's go back to Kodak. It looks like Kodak spilt the beans a little bit too soon, huh? They're case is still developing! Not to mention all the work that it'll take to get it ready to send out. What a hassle!

    That's why the clear choice is Sony. Their case comes out looking great, and is ready for quick editing and distribution. Instant and quality! That's what Sony is all about.

    --


    Until Slashdot fixes the funny modifier, use insightful or interesting. The poster knows your intentions.
  27. My Patent by Anonymous Coward · · Score: 0

    I'm gonna get a patent on anything computerized that is embedded/used in eye glasses or sunglasses.

  28. Yep by tuxlove · · Score: 1

    "Um, doesn't that apply to all digital cameras?"

    Why, yes, it does. Fully expect Kodak to start trying to take apart the digital photography industry for profit. It couldn't innovate fast enough to survive as digital photography developed around it, and has to keep itself from collapsing completely somehow. It's time for desperation measures at Kodak.

    Let's hope their patents can be invalidated, or the digital photography industry may get owned.

  29. It's nice to know by No.+24601 · · Score: 1

    Mayor Bloomberg is keeping busy with all that free time :)

  30. That's it, I've had it! by GoMMiX · · Score: 3, Funny

    I've got to get into this new broad-patent thing! It seems to be all the craze.

    Anyone know if someone has patented "a substance used to create stuff?"

    Or how about; 'a method or process of converting oxygen to carbon-dioxide?'

    1. Re:That's it, I've had it! by Frigid+Monkey · · Score: 1

      Perhaps "a method of conveying thoughts in a trasportable form"
      or better yet

      "A method of determining ownership of ideas"

      That's right patent the patent!!!!

      --
      "It's all just meme meme around here"
    2. Re:That's it, I've had it! by marshall_j · · Score: 1

      Prior art tho.

      If someone did it before you then that's a no-go. IANAL but it sounds like Kodak might have done this before anyone else.

    3. Re:That's it, I've had it! by Herkum01 · · Score: 1

      How about an efficient method of converting organic material into fertilizer in 24 hours? SCO has been working on this one non-stop for a while now, I wonder when they are going to sue everyone for it.

  31. Uh, Kodak, ever heard of the space program? by Hamster+Lover · · Score: 1

    NASA has been using digital image storage, compression and transmission since at least the 70's.

    Then again, patents can be really specific so maybe this would not count as prior art and Kodak may have even developed these systems for NASA.

    The article is short on specifics, but I wonder why Sony in particular is targeted and not Nikon, Fuji, Canon or any of the other dozen digital camera manufacturers.

    1. Re:Uh, Kodak, ever heard of the space program? by Suburbanpride · · Score: 1

      My uncle worked at AT&T Bell Labs (now Lucent Technologies) for over 30 years, and I remember him telling me about an argument he had with a co-worker in the early 1970's. they couldn't decide if digital imaging was going to become standard in 1985 or 1990. Kodak could very well have done lots of R&D on digital cameras in the 80's but not have anything with it.

      Right now he is working with AMD to develop a new process for silicon lithography using x-rays. It is projected to reach market around 2015. Of course, he will probably still be working then, since his lucent stock based retirement is worth nothing now.

      --
      sorry 'bout the mess...
    2. Re:Uh, Kodak, ever heard of the space program? by MadHungarian1917 · · Score: 1

      Considering that Kodak provides the CCD's and support electronics for the majority of Space and Military applications and has done so since long before there was a market for digital cameras. This is where Kodak developed the technology and the patents that protect it.

      Remember Kodak has the lead in professional digital imaging systems.

  32. On click patent... by digitalamish · · Score: 5, Funny
    This is just like the "One Click Order" patent that Amazon was trying to enforce a while ago.

    Actually Kodak patented "You push the button we'll do the rest" a hundred years ago. I think Amazon has some 'splaining to do....

    1. Re:On click patent... by Grelli · · Score: 3, Funny
      Actually Kodak patented "You push the button we'll do the rest" a hundred years ago. I think Amazon has some 'splaining to do....

      What about Smith and Wesson?

    2. Re:On click patent... by goatan · · Score: 0

      the match and flint lock are prior art sorry

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

  33. Selective Enforcement by John+Hasler · · Score: 1

    > As reader Nekura2025 asks "Um, doesn't that apply
    > to all digital cameras?"

    Yes. So what? They can enforce it or not as they choose.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  34. Whoops, DX4530. by garcia · · Score: 1

    Make that a DX4530

  35. Kodak pretty bitter over Digital by doomy · · Score: 3, Interesting

    I was watching discovery channel the other day, and there was the Kodak guy very bitter about not having taken a lead on the Digital market. He kept on saying that the film market is still the thing to do and then moving onto movie film formats pointed out that every single acadamy nomintated movie was done on Kodak film.

    --
    ...free your source and the rest would follow...
    1. Re:Kodak pretty bitter over Digital by ce25254 · · Score: 1

      Return of the King was shot on Fuji. I pay attention when I watch movies, and I noticed this (I just saw the film yesterday). Maybe Kodak doesn't have good film distribution in New Zealand?

    2. Re:Kodak pretty bitter over Digital by cruel_elevator · · Score: 1

      Movies are shot in films for real reasons. Look here for details. Scroll down to "Recommendations" for the explanation. If you have time, read the entire article... pretty interesting.

    3. Re:Kodak pretty bitter over Digital by che.kai-jei · · Score: 1

      erm the choice of film depends on the DoP its his personal perefrence but since stock is so expensive it places like kodak who can put in the leverage on the movie company to get them a better deal. also many american studios or production companies are compelled to 'buy american'

    4. Re:Kodak pretty bitter over Digital by doomy · · Score: 1

      No you're wrong they used Kodak stock to shoot all three LOTR. Source

      Sorry about the delay in replying :)

      --
      ...free your source and the rest would follow...
  36. Applies to all? by winkydink · · Score: 1

    You sue one, win, and then hit up all the others for royalties. If you lose, your costs are not as high as suing everybody.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  37. I bet the dispute isn't about the patent per se by ptomblin · · Score: 4, Informative

    Kodak has a lot of patents that relate to digital photography, some of which date back to the 1960s regarding technology they developed for film cameras or film processing. But all the big camera and digital camera manufacturers cross license each other's patent portfolios, usually on an entire portfolio to entire portfolio basis, with no money being exchanged - it's all very convenient for them, but I bet it's hell if a new company wanted to get into the business.

    What is probably happening here is that Kodak wants access to some Sony patents, and needs to leverage the patents they have to get access to it. This is probably just a legal ploy to get Sony back to the bargaining table.

    Disclaimer:
    Even though I'm currently on contract at Kodak, I don't have any inside information on this case and I'm not involved in digital still cameras. I just know what they told us in the "why you need to apply for patents on your work" lecture.

    --
    The next Cmdr Taco duplicate will be ready soon, but subscribers can beat the rush and see it early!
    1. Re:I bet the dispute isn't about the patent per se by Tablizer · · Score: 1

      But all the big camera and digital camera manufacturers cross license each other's patent portfolios, usually on an entire portfolio to entire portfolio basis, with no money being exchanged - it's all very convenient for them, but I bet it's hell if a new company wanted to get into the business.

      That is what inkjet printing companies do: cross-license patents because no single patent does the printing job well enough. Cross-licensing is very convient for complex but promising technologies because no single company has the research power alone to bring stuff to market fast. It is said that TV would have come sooner if researchers cooperated. Instead some of them wanted the whole enchilada, and got scraps in the end instead.

  38. Maybe Sony is the only holdout by WreckDiver · · Score: 5, Insightful

    Before raking Kodak over the coals, has anybody bothered to check and see if maybe all the other digital camera manufdacturers are already licensing Kodak's patents?

    1. Re:Maybe Sony is the only holdout by Anonymous Coward · · Score: 0
      has anybody bothered to check and see if maybe all the other digital camera manufdacturers are already licensing Kodak's patents?

      Did you check? No? Guess you're not different.

      Do you have any idea how to check? Thought not.

      Bye.

  39. Like Polaroid ? by MajorDick · · Score: 4, Interesting

    Anyone here remeber when Polaroid sued Kodak for patent infringment on their instant cameras ? Polaroid made sure to wait nice and long unil Kodak instant cameras were everwhere,then ZAP, Actually If I remeber right it wasnt on the camera but rather on the film, Kodak had to buy back all those cameras at like 25 a pop. I wonder if this was Kodaks tactic in suing Sony ?

    1. Re:Like Polaroid ? by angle_slam · · Score: 3, Informative

      That was one of the largest patent verdicts ever. According to this article, not only did Kodak have to pay over $900M to Polaroid, they had to buy back all their product. In total, it cost them over $3B.

    2. Re:Like Polaroid ? by Dun+Malg · · Score: 1
      That was one of the largest patent verdicts ever. According to this article, not only did Kodak have to pay over $900M to Polaroid, they had to buy back all their product. In total, it cost them over $3B.

      Funny thing is, you can still occasionally find those Kodak instant cameras in pawn shops and thrift stores. I wonder how many people buy them and only later find out that the film has been unavailable for 15 years. I've tried pointing out to those who run those stores that the cameras are worthless, but they don't care. Hey, if a sucker is willing to pay $5...

      --
      If a job's not worth doing, it's not worth doing right.
    3. Re:Like Polaroid ? by Anonymous Coward · · Score: 0

      Yeah, I still see these things all the time - the last time I went to the flea market, I saw way more Kodak Instants than I did Poloroid cameras. Maybe thats because people actually buy old Poloroids (as they are nearly identical to new Poloroids).

      Back in the 80s I used to buy the Kodak cameras at garage sales for a dollar or two because Kodak would buy you a pack of Polaroid film for each one.

    4. Re:Like Polaroid ? by nero4wolfe · · Score: 1
      You can make a very good case that the games played with the patent system by the old Polaroid company directly led to its bankruptcy and liquidation. Their goal was to file as many patents as possible, making the narrowest possible claim, spread apart as much as possible, with the goal of keeping a permanent monopoly on instant photography.

      That led them down the path of changing film formats as often as possible, in incompatible ways, forcing consumers to buy new cameras as often as possible. To do that, cameras had to be cheap; a consequence was that they broke easily.

      If they had given anybody who asked a cheap license; to Kodak, Minolta, whatever, they might have sold enough film to stay around long enough to make a real digital effort.

  40. Only the CLAIMS of patents matter by RyanAXP · · Score: 3, Informative

    Well, more correctly, the claims of the patent are what matter, in light of the disclosure, prosecution history and other tools of claim construal.

    It seems that every time a patent-related story is posted here, a million Chicken Littles come out of the woodwork to proclaim that we'll all be sued out of house and home, based on the TITLE of the patent. Please understand that the titles of patents are very general in nature, and in no way does the title of a patent define its scope (unless a really good litigator can convince the judge otherwise!).

    Thus, a patent styled "Circular Object For Rolling Motion" almost certainly does not entitle its owner to sue someone who makes wheels--rather, you must look to the *claims* of the patent and construe them in light of the specification and what was said during the procuring of the patent, etc., to determine exactly what (if anything) would actually read on (and ostensibly infringe) the claims of the patent.

    The more "crowded" a technology area is with prior art, the narrower the claims of a patent must be. So while almost anything is patentable, in a mature art such as automobile mechanicals, you would have to throw so many limitations into your claims during prosecution that often, someone would actually have to try pretty hard to manufacture a product that infringes your patent.

    In this case, I was unable to find the numbers of the patents being asserted by Kodak, so I cannot construe the claims. Until we see the actual patents and claims, any rumination on this subject is silly.

    Cliff Notes: regardless the name of a patent, it's the CLAIMS that matter.

  41. Kodak started killing itself in the early 1990s... by Dr.+Zowie · · Score: 5, Interesting
    That's when they got rid of C. Al Dewan.

    Who's he? One of the unsung geniuses of the photographic era, he designed many of their scientific film processes -- including the film that was used on Skylab.

    He also made some custom extreme-ultraviolet 70mm film for our sounding rocket flight in the early 1990s. The film was called "649 experimental", and it was fabulous. Very sensitive to extreme-ultraviolet, but practically dead in visible light -- I think its effective ASA rating was about 0.05. Yes, that's 2,000 times less sensitive than normal film. And the resolution was fabulous -- about 2,000 line pairs per millimeter -- that's like 0.25 micron pixels. For our application (a telescope platform that was like a prototype of the solar coronal imager on SOHO), it was the bee's knees. Much higher resolution than any electronic detector, and sensitive and reproducible as all get-out.

    Thing was -- Kodak told Al not to make us the film. So he (I'm paraphrasing here) gave them the finger, made our film, and retired.

    I figured that was the beginning of the end for them -- it was a symptom that they were beginning to restrict and ultimately ditch the very people who were continuing to make them great. A company that big has a lot of momentum -- but, sure enough, they're spiraling down. Not enough innovation.

  42. Yes, still in business by k4_pacific · · Score: 1

    It seems like Kodak is one of those formerly huge or historically significant companies that you just never hear about anymore. Then when you do hear about them, you are kind of surprised that they are still in business.

    Kind of like the way NCR, The Hudson Bay Company, and the Westinghouse Air Brake Company all still exist as active corporations.

    --
    Unknown host pong.
    1. Re:Yes, still in business by calidoscope · · Score: 1
      Westinghouse Air Brake Company all still exist as active corporations.

      I was about to flame you wrt WABCO, but then realized you were a Pennsy fan...

      --
      A Shadeless room is a brighter room.
  43. Hell yes! by BiggerIsBetter · · Score: 1

    Yup, do it - if your patent mentioned compression as well. Your internal submission will be documented at Dell, and hopefully you have your own copies of the information as well. I suspect Sony would happily pay something for the information too.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
    1. Re:Hell yes! by John+Miles · · Score: 1

      No compression, unfortunately. There's no intelligence in the camera interface -- just some dual-port VRAM with a bunch of TTL counters to address it.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
  44. Japan's approach to lawsuits by Anonymous Coward · · Score: 1, Insightful

    I've heard that Japanese companies tend to be risk averse and prone to settle, regardless of the merits of the case.

    I've also heard that because of the above, companies with US patents will often sue Japanese companies using the US patent as the basis.

    The hope is that the Japanese company will settle, which strengthens the patent holder's hand in the next lawsuit.

  45. The copyright and patent systems are archaic by syousef · · Score: 2, Insightful

    I don't know what the solution to this one is but as it stands the current system of compensating inventors, innovators and artists is straining and about ready to burst. There needs to be widescale reform.

    Looking at individual people and companies suing each other is like trying to tell the history of a world war by looking at a single hand to hand fight battle.

    I think we need to scrap the system and start again but realistically I couldn't even tell you with what. This is the best I can come up with off the top of my head for patents and I'm sure there are plenty of holes in this idea:

    a) A percentage (say 20% or 30%) of the profits made in selling a product is set aside to be payed to those who contributed ideas to its development.

    b) This is then distributed among all inventors contributing to the product by a central body. Submissions from the manufacturer and the parties contributing technology could be addressed.

    c) No inventor would have the right to disallow anyone from using their invention. The information would be free, and in order to be paid for it the inventor would still have to lodge a document similar to the patent with the central body.

    This would mean that:
    1) A company producing a product would no longer have to worry about whether it was using patented technology. They already know what percentage of profit they are paying and there will be no surprises or lawsuits.
    2) No company could lock another company out of using a good idea.

    Copyright could operate similarly. Middle men who haven't directly contributed technology or ideas should be cut out. They should be paid for distribution as a service and not "own" the art.

    Immediate problems I can see with this scheme are:
    i) The massive costs of administration of a central body and deciding the spilt as given to the different inventors (likely to eclipse current court costs).

    ii) Problems with shifting from the existing system.

    I'm sure I'll have other problems pointed out. All I do know for sure is that the current system is BADLY broken, and is wasting human effort and stiffling innovation and creativity.

    --
    These posts express my own personal views, not those of my employer
  46. The sky isn't falling by mark-t · · Score: 2, Informative
    This is a *GOOD* use of patents... Kodak had patents on the hardware, not the algorithms.

    This is what a patent is supposed to do... to stop people from stealing your invention and making money off of it.

    If Kodak is the only company that can manufacture digital cameras right now, so be it... it certainly sucks to be the other manufacturers if that's the case, but if they own the patent, then that's pretty much the bottom line right there. Eventually the patent will expire and the idea will become public domain.

    1. Re:The sky isn't falling by Frennzy · · Score: 1

      The problem with this is that Kodak did not invent, nor make any particular good strides with, digital photography.

      In fact, Polaroid (IIRC)in its previous incarnation invented the first megapixel digital camera back in 1990 or so. At the time, the marketing geniuses working there told management that there would never be a market for it.

      It was about that same time that Polaroid won a huge patent violation lawsuit against Kodak surrounding 'instant photography'.

      Come to think of it, Polaroid (if the new version of it still holds the original patents) could probably sue every digital camera maker world wide. Hey! It's SCOlaroid!

      okay...the last part was a joke...but?

    2. Re:The sky isn't falling by mark-t · · Score: 2, Insightful
      Again... too bad for Polaroid. If they had the forsight to patent the technology, then indeed they *COULD* sue... Kodak, as it happens, was first up to bat with the patent application and the fact that the technology had been previously used in very closed circles is irrellevant to the part of applying for and obtaining a patent.

      Alexander Graham Bell didn't invent the telephone either, by your meaning... he was just ahead of everyone else in applying for the patent. There's nothing wrong with this because the technology at the time the patent was applied for was still obscure. (Any such patent that you tried to apply for now, however, even if no patents had ever yet been awarded in this area, would be rejected because they would be considered too obvious).

    3. Re:The sky isn't falling by Alomex · · Score: 1

      In fact, Polaroid (IIRC)in its previous incarnation invented the first megapixel digital camera back in 1990 or so.

      Actually Kodak was hard at work on digital photograpy before that. When they realized there was a good chance they would lose the Polaroid lawsuit, Kodak went full force ahead trying to develop a passable quality digital camera that would produce instant or near instant pictures. The failed result of those efforts was marketed as the Kodak disk.

    4. Re:The sky isn't falling by Makarakalax · · Score: 1
      This is what a patent is supposed to do... to stop people from stealing your invention and making money off of it.


      No, patents are supposed to encourage people to innovate by giving companies or individuals a small amount of time where they can be anti-capitalist and produce a situation that is worse for the consumer, ie a monopoly.

      Generally it seems to me though that companies are extremely willing to innovate, that's how they make money afterall, producing new products. They seem to only use patents to make extra bucks or as a diplomatic "we could stop your business" message to other companies.

      Patents are practically needless in most industries. Industries with major research costs should be granted the rights to patents in certain situations, not willy-nilly. Even then i reckon that they would be huge amounts of innovation without the damn things. People want to make money, they'll innovate like mad patents or not.

      I don't where that rant came from. Apologies. As must be apparent, it is not aimed at you.
    5. Re:The sky isn't falling by /dev/trash · · Score: 1

      Can't you break everything down to an algorithm though?

    6. Re:The sky isn't falling by TiggsPanther · · Score: 1

      The key is that eventually though.

      Things are still taking massive bounds forward. Another reply said Patents protect something for 20 years? Hell, in 10 years most inventions as they stand in that form have gone obsolete. What keeps them going is newer features and functionality (OK, and advertising).
      But these, in turn, require multiple companies working at them. If it's locked into one company, it increases the chance of the idea dying on its ass.

      Besides, aren't Patents supposed to "encourage innovation"? Problem is they dno't seem to. Innovation might be to do with creating something new, but surely it also covers improving upon existing technologies? Or finding new ways of using them?
      Also Patents protect the right of the first people to come up with an idea, not those who could do it best. I could probably come up with a really cool idea, patent it, and maybe even make a woprking implementation. Does that mean I'd be able to make best use of my idea? I'd say not. True, i'd love if I could some up with an idea that could make money. But, personally, I'd rather come up with a useful idea that others could improve up. Money might be useful now (and rather important...), but having your name down as the first person to come up with a working implementation of something will go down in history.

      Plus, from a consumer standpoint, Patents are a PItA. Someone creates something, and are allowed exclusive rights to make it. Fair enough. But it's often rather pricey. Other companies might be able to make something better and/or cheaper. But Red-Tape prevents them from doing so.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  47. Patently (ha!) untrue! by toonrmeusa · · Score: 5, Informative
    Kodak is not far behind in the digital camera market. In fact, they sold 20% of all digital cameras in the U.S. last year, behind Sony (22%).

    --
    Toon toon! Black and white army!
    1. Re:Patently (ha!) untrue! by ceeam · · Score: 1

      I wonder how much of all digital cameras sold worldwide are sold in US? How much of those sold outside US are Kodaks? Also - who really makes Kodak digicams?

    2. Re:Patently (ha!) untrue! by LionMage · · Score: 1

      Interesting... that same article also puts Canon behind Kodak, with only 16% of the U.S. market. Quite an unexpected result -- I'd thought that Canon was on top of the digital photography game!

      Good link!

  48. Here's the patent by mabinogi · · Score: 4, Informative
    --
    Advanced users are users too!
    1. Re:Here's the patent by Anonymous Coward · · Score: 0

      From 1983 to 1994 I built digital imaging systems for a living. What they are describing is pretty much the standard practice for anyone in the field during that period (once the DCT started being used in about 1988). The following claim might be a little unusual

      15. The apparatus as claimed in claim 14 in which said diagnostic means includes means for providing a defective card signal whenever the removable digital memory fails the check provided by said diagnostic means.

      since most of the systems that I (for instance) built stored the image in "non-removeable" RAM or on a hard disc... But does the application of standard practice to a specific context (portable / removeable) really qualify as a patentable invention? (Well, yes, clearly, but is that right?)

      I hope JPL paid Kodak royalties for the cameras they built for the Mars Rovers.

    2. Re:Here's the patent by Tablizer · · Score: 2, Interesting

      Here is an interested tidbit from parent link:

      SUMMARY OF THE INVENTION

      The problem with the available techniques is their focus on real-time throughput. The present invention departs from this focus by distinguishing the input function of the camera from the processing function so that, on the one hand, image signals from a plurality of still images accumulate at a rate commensurate with normal operation of the camera while, on the other hand, the accumulated image signals are digitally processed at a throughput rate different than the accumulating rate. The prior techniques tend, by nature of their focus upon speed, not only to direct compression choices to those capable of handling a data stream at an extremely fast rate, such as differential pulse code modulation (DPCM), but also tend to focus processing upon one image at a time. By providing a multi-image input buffer and separating digital processing from input requirements, the digital processor not only has more time to operate on blocks of image signals, in particular transform encoding the blocks of signals, but also obtains such processing advantages without disturbing the "stacking up" of images in the input buffer. The invention further utilizes a removable digital storage means, such as a SRAM memory card, to store the compressed image signals. With 10:1 compression, for example, the byte requirement for a picture can be reduced by a factor of ten and many more images can be stored in the memory card.


      If Sony does not want to pay royalties, then simply use the older approach and make up for the difference in other ways.

  49. New revenue stream by Black+Jack+Hyde · · Score: 0, Troll

    Looks like the folks at Kodak are taking a page out of Utah Darl's playbook. Fuji's kicking Kodak's ass on a few levels, and Kodak looks like they'd rather litigate than innovate.

    1. Re:New revenue stream by Black+Jack+Hyde · · Score: 1

      To the asshat moderator: try reading a Wall Street Journal from time to time. Kodak was the single worst one-year performer in the whole stock market. Fuji is getting more of its film devloping kiosks into stores and supplanting Kodak.

  50. Uh, if one was filed in '87 by Trogre · · Score: 1

    ...wouldn't it have long since expired by now?

    The whole point of patents was to give a leg up to the people who invent something before for a few years before making the methods available for all to implement.

    So how long to patents in the US live for now?

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    1. Re:Uh, if one was filed in '87 by AvengerXP · · Score: 1

      If i'm not mistaken 20 years.

      --
      Trolls dont like to be Flamebait, because they burn so well. Protect our Troll heritage!
  51. Not even comparable by Ohreally_factor · · Score: 4, Insightful

    First of all, SCO probably was hoping IBM would buy them out.

    Secondly, Kodak has been at the forefront of digital imaging technology research from the outset. Kodak has been making the transition from film to digital over the past 15 years. Since film is still used in many industries and in many parts of the world, they are correct not to completely abandon the film business. That doesn't mean they haven't been developing and using cutting edge technology.

    Thirdly, SCO didn't invent IP lawsuits. SCO's innovation is in substituting a media circus for solid evidence and good lawyering. There are many IP lawsuits you never hear about because the parties DON'T call press conferences.

    --
    It's not offtopic, dumbass. It's orthogonal.
    1. Re:Not even comparable by Speare · · Score: 3, Insightful

      Kodak has long dabbled in digital photography, but I would call their efforts to date as being seldom "at the forefront." They glued some chips to a Nikon 8008 body for a few photojournalist concept bodies, then they basically stopped everything but a few mediocre digicam instamatics for ten years. Now they're catching the consumer bug again, but sorry, it's too late. They won't invent the Digital Brownie. Canon wipes the floor with Kodak's marketshare, and Nikon and Sony are both dancing on their grave. Kodak woke up from their film-chemical-induced stupor way too late to save themselves.

      --
      [ .sig file not found ]
    2. Re:Not even comparable by Ohreally_factor · · Score: 1

      I pretty much agree that Kodak really pissed away their early advantage in the consumer market, but I have to assert that they developed much of the technology that Canon and Nikon use today. Canon and Nikon both use chips developed by Kodak.

      --
      It's not offtopic, dumbass. It's orthogonal.
    3. Re:Not even comparable by Anonymous Coward · · Score: 0

      Actually they don't. And it wasen't Kodak that developed things like CDD imaging and CMOS imaging. It was shops like Photobit.

    4. Re:Not even comparable by Anonymous Coward · · Score: 0

      I call bullshit. Link to proof if you expect anyone to believe you.

  52. Sony's New Product Line by Snoopy77 · · Score: 3, Funny

    Not wanting to pay up for the use of patented technology Sony has released a new line of digitcal cameras. These cameras do not use any image compression techniques, limiting the user to only one photo. 'But that's perfect', says one Sony engineer, 'cause we don't store any images either. They just come up on the view finder for 10 seconds and then disappear.'

    --
    "She's a West Texas girl, just like me" - G.W Bush Iraqis
  53. My Patent Office... by hedgehog2097 · · Score: 1

    In my Patent Office, people would have to bring in what they had invented and show it actually working.

    Leonardo *drew* a helicopter, he didn't make it.

    1. Re:My Patent Office... by Anonymous Coward · · Score: 0

      I have a patent on a new virus I'd like to show you, when should I stop by?

    2. Re:My Patent Office... by Anonymous Coward · · Score: 0

      The Patent Act of 1790 required applicants to submit working models of their inventions along with the patent application. Despite a couple of fires that destroyed many of the working models, the USPO ran out of storage space for the models. The USPO dropped the working model requirement in 1880.

    3. Re:My Patent Office... by hedgehog2097 · · Score: 1

      Excellent idea! We'd burn the models after testing..

  54. Quick reactions here by angle_slam · · Score: 1

    There are so many responses here comparing Kodak with SCO. But here's a novel idea--wait until you actually read the patents before making a judgment as to their obviousness. Since the patent numbers weren't even listed in the articles, I think everyone here is jumping the gun.

  55. Re:Doh! Metamoderators by Nom+du+Keyboard · · Score: 1
    Who metametamoderates the metamoderators?

    We all do, with MOD Parent Up/Down Posts!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  56. Re:Hi by Anonymous Coward · · Score: 1, Insightful
    Dr. Evil jokes stopped being funny about five years ago. Thank you, that is all.
    Two posts... One is modded +5 Funny, the other is at -1 Offtopic. The facts seem to indicate: 1. Dr. Evil Jokes are still funny, at least on /. 2. You are wrong.
  57. Xerox could not patent that stuff by Anonymous Coward · · Score: 1, Insightful


    Software patents were not allowed until 1981 with Diamond v. Diehr, and did not take off until the mid-eighties. For instance, the company I worked for in 1986 got the patent for template matching in computer vision (which I nope none of you are violating.) We thought it was absurd that the government would accept a patent on such an obvious thing -- but it was what the managers and lawyers wanted to do...

    Xerox did the Star development through the mid and late 70s. Nobody thought of patenting algorithmic or "soft" inventions at that time.

    http://xeroxstar.tripod.com/

    The principle patentable item was probably the mouse, but Xerox did not invent that.

    http://inventors.about.com/library/weekly/aa0818 98 .htm

    At that time you probably could not have patented ALL mice anyway (like you could now) but just a certain implementation of a mouse. For an analog look at Xerox vs Palm -- unistrokes vs graffiti. If graffiti had been hardware (??) and it had been 1975 instead of 2000, the differences between the two would have probably been enough to let palm patent graffiti. But Xerox somehow got a patent on ALL single-stroke (or gesture) based alphabets, when used in a computer context, in a limited input area.

    Similarly if Douglas Engelbart had discovered the mouse in 2000, he could have patented ALL mouses plus the algorithms used to associate the mouse with the cursor and everything else involved in a GUI (window frames, etc.)

    Xerox's situation is not their fault. They were most productive at a time in history when their work was not yet considered protectable property by the government.

  58. Sort of interesting history by Anonymous Coward · · Score: 1, Interesting

    This link has some interesting apropos historyQ: The history of photography was really the history of patents?

    Given that context, I think this patent sounds plausable. Esp. if it goes back to 1987. I don't see what the problem is. Or, if it is a problem, its been a problem for 100s of years.

    For some reason, it sounds perfectly reasonable to me that they could have such a broad patent, or at least just as reasonable as the fact that the polymerase chain reaction (PCR), a biology laboratory protocol for making lots of copies from small samples of DNA, is patented.

  59. The real terrorists by Anonymous Coward · · Score: 0

    are the US Patent office.

  60. The Road to Hell... by dokebi · · Score: 0, Flamebait

    begins by turning to your library of intellectual property as your source of revenue instead of products. By firing engineers and hiring lawyers, you make enemies with your founders, your partners, your customers, and everyone else. Only friends you make are your lawyers who have no loyalty, no responsibility, and who are definately *not* your friend.

    Kodak died and another SCO is born. Welcome to IP hell.

    --
    In Soviet Russia, articles before post read *you*!
  61. unnatural monopoly by Doc+Ruby · · Score: 1

    Patenting the "purpose" of an invention is an unsustainable practice. Protecting the way of doing it, not merely what is accomplished by doing it that way, used to be enforced by requiring a model - the model was patented, with flexibility to protect against "trivial change" bootlegging. Not the "purpose" of the model. Since the PTO dropped the requirement for a model apparatus, they have been protecting the title of the patent document, or the purpose of the invention, or the market demand it fills. Very quickly another inventor comes up with another, often better, way to do the same thing, but is blocked by a patent. I'd invent a better mousetrap, but someone beat me to it, patenting "a method to trap mice" with just a brick, stick and twine. They'll be able to put out v2.0, closer to my device, and extend their patent indefinitely. Their patent is an absolute, indefinite monopoly of a market niche.

    --

    --
    make install -not war

  62. digital photography wasn't obvious in the 80s! by ObiWonKanblomi · · Score: 5, Insightful

    I see a lot of people saying how digital photography was supposedly "totally obvious" in the 1980s. Totally wrong.

    I was watching this Japanese documentary (thank goodness it was subtitled!) about canon's development of the digital camera. Some things to keep in mind of the time:

    - the processing power to display the image on a computer was so great, it wasn't perceivable to make such an affordable device. Did anyone have 32 bit graphics on their PC in 1983?

    - even if the device could be made it would weigh a lot!

    According to these canon engineers that developed the digital photo camera, digital photogaphy wasn't perceived as a reality in the early 80s. In fact, the only real r&d (way more r than d) was being put into digital video cams, and that was considered bleeding edge, since a lot of the effort was being put into having a more portable tape-recording video camera.

    When Canon finally made a successful prototype, they took it out to a park in Tokyo, where they took a picture of a young lady with a dog. The device was the size of large pizza box! This box weight a lot and took up a lot of power. Sure, it was a prototype, but this was the result of almost 6 years of development.

    What we may see as obvious from our 21st century standpoint definitely wasn't so in the early 80s.

    1. Re:digital photography wasn't obvious in the 80s! by BillyBlaze · · Score: 1
      The idea was obvious in the 80's too.

      Your argument seems to be that the idea was non-obvious because, in the 80s, Cannon was making prototype digital cameras, but they were large and heavy and computer technology was less advanced, so people lacking in forsight (like Kodak) didn't think they were the wave of the future.

      That doesn't make the idea non-obvious. Why was Cannon making the prototypes if they didn't think they would be useful or popular? That it took them six years to develop it is irrelevant, because the patent doesn't mention how any of the components it requires works. And to top it off, if your argument is true, shouldn't the patent be Cannon's?

      Suppose I say that as soon as we discover unobtanium, which is repelled by gravity, that we should put a blob of it in the center of a saucer-shaped aircraft and annoy Martians with it. Now fast forward to a time when that already happened. By your argument, my idea was highly original, because after all, look at the abysmal state of antigravity in the Stupid Ages. But the idea was in fact obvious, and I certainly wouldn't deserve a reward, because I did none of the work of obtaining unobtanium, or even of designing the saucer-shaped airframe.

    2. Re:digital photography wasn't obvious in the 80s! by tsangc · · Score: 1


      I was watching this Japanese documentary (thank goodness it was subtitled!) about canon's development of the digital camera. Some things to keep in mind of the time:

      What was the name of this documentary? Sounds interesting...

    3. Re:digital photography wasn't obvious in the 80s! by ObiWonKanblomi · · Score: 1

      I wish I could tell you. What I can tell you is that one of the local channels out here in the Los Angeles, California area plays international programming sorta like the International Channel. If you live out in the LA area, it's channel 56 KDOC, and they were on Sunday nights.

      I saw another good documentary in the series about Nissan/Datsun's early development of the Z-series back in the 60s/70s. Again, they interviewed the engineers and designeers behind the project. Great stuff!

      If anyone knows the name of the series, please let me know!

  63. Once Microsoft turns Windows into a glorified Xbox by tepples · · Score: 1

    Frankly I think a console manufacturer should have the right to prevent non-licensees from releasing games for their system

    Do you believe that Microsoft should control who develops for the Windows platform?

    If people are upset enough about it to buy something that has no such restriction, someone will build a system that suits their needs.

    Who is this "someone" you mention who sells an unrestricted console?

  64. Some would say.... by Anonymous Coward · · Score: 0

    They were most productive at that time in history *because* their work was not yet considered protectable property by the government.

  65. All your CCDs are belong to us... by MMHere · · Score: 1

    ...we set them up the patent

  66. Re:MODS, CHECK LINKS BEFORE MODDING! by Anonymous Coward · · Score: 0

    You need to close your browser and go outside. While you're out there, try and get laid. You need it. Badly.

  67. Prior art: NASA by carlalex · · Score: 3, Interesting

    Digital storage and compression of electronicly taken pictures? Voyager? Viking? Etc... they weren't sending back cans of film from Mars or the outer solar system or developing the pictures in little onboard photo labs in the 70s. And compression was quite important given that your average deep space comm link isn't exactly high bandwidth.

    Guess that Aerospace degree came in handy after all.

    1. Re:Prior art: NASA by ObiWonKanblomi · · Score: 2, Insightful

      I'm just curious, because I just remembered that earlier probes such as the ones you mention made great use of digital photography.

      Was it actually NASA that implemented the digital photography, or was it contracted out to a company, like say...Kodak?

    2. Re:Prior art: NASA by eclectro · · Score: 3, Interesting

      Actually those missions did not use CCD devices, but a technology called a vidicon (vacuum tube) that was used in television cameras.

      Needles to say Nasa has always been on the forefront of imaging technology, and the ones used in space imaging are quite different than the ones you find in your every day digital camera.

      When you send a billion dollar probe somewhere, you can't afford not to have the very best in imaging technology.

      Some amateur astromers have adapted the CCD technology found in digital cameras for their telescopes, but they pale in comparison to ones specifically made for this purpose. Decent ones are still quite expensive, and you can check the latest astronomy magazines for mor information on them.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    3. Re:Prior art: NASA by LightJockey · · Score: 1

      Its like a previous article posted about the Spirit rover's cameras, in the fact that the CCDs are fairly low resolution (maybe just over 1 megapixel) and monochrome to boot, but the lenses that are in front of them cost about a million bucks each (IIRC)

      --
      Mouse, Mice. Goose, Geese. Moose... Moose?
    4. Re:Prior art: NASA by BillyBlaze · · Score: 1

      Actually, the patent doesn't specifically say it has to be a CCD, it only has to be a "an area image sensor having a two-dimensional array of photosites corresponding to picture elements of the image." IANAL, but this could probably apply to vidicons - the actual screen is as close as possible to two-dimensional.

  68. In Other News... by Naked+Chef · · Score: 2, Funny

    SCO sues Kodak for stealing their business model... Sigh. The only thing that stifles innovation is friviolous lawsuits over "intellectual property" and moronic patents.

  69. to be precisely correct... by MMHere · · Score: 1

    ...I should have said:

    All your CCD are belong to us
    We set them up the patent

    1. Re:to be precisely correct... by Anonymous Coward · · Score: 0

      Please God, (if there is one) send this guy to an English refresher course!

    2. Re:to be precisely correct... by CriX · · Score: 1

      mod above post up as informative and parent as interesting to make my 'funny' work. then mod this post down so people reading at 3 don't know this was a group effort, and laughter will be brought into the world. :)

      --
      Moderation: +1 pwnage
  70. Sony had digital storage in 1981. by dbirchall · · Score: 4, Informative
    See the description and photo of the original MAVICA (MAgnetic VIdeo CAmera) on digicamhistory.com.

    I'm not sure when image compression entered the picture, but unless Kodak came up with it before 1981 and it took them until 1987 or longer to get the patent, it would appear that this constitutes prior art - by Sony themselves.

    1. Re:Sony had digital storage in 1981. by SpudB0y · · Score: 1

      Read your link again, it specifically states that the original MAVICA was not a digital camera. It was a still video camera.

    2. Re:Sony had digital storage in 1981. by SillyNickName4me · · Score: 1

      From what I can tell, the mavica doesn't really use compression (alltho I'd expect it to use some yuv format which of course is a step on the way to jpeg compression already) I dont have the details, but somehow I feel that this compression part plays a bit of a role in the Kodak s Sony case... at least, using a ccd + storage + lens to make a camera is well, pretty obvious once you have the ccd, it is sortof the point of a ccd...

    3. Re:Sony had digital storage in 1981. by dbirchall · · Score: 1
      It used a digital image sensor, and digital storage media, and took still pictures (single frames of digital video). If that doesn't qualify it as a digital camera, I'm not sure what would.

    4. Re:Sony had digital storage in 1981. by SillyNickName4me · · Score: 1

      Well, where is the line between a digital still video camera and a digital camera...

      In this case, the specific reason for calling it a still video cam seems to have to do with that what came before it was simply a videocam, and this was the same thing, but with storage that would hold a few frames. Sounds like it has more to do with where it comes from then from it beoing actually a functionally different device from what we clal a digicam today.

      Tho, I'd expect it to use some yuv format for storage, which would point at its relation to video hardware (eventho it is used for jpeg compression as well)

    5. Re:Sony had digital storage in 1981. by Anonymous Coward · · Score: 0

      Sorry, but the original MAVICA actually just stored a regular analog frame of video to a track on a floppy disk. This was just like a frame on a Beta videotape, only the media was round instead of linear.

      aQazaQa

    6. Re:Sony had digital storage in 1981. by SpudB0y · · Score: 1

      Wrong. It uses three 1/2 inch CCD's and records video stills to a small magnetic analog diskette which must be played in an appropriate device. Otherwise, the camera produces a conventional video image output which can be cabled to a conventional video recorder, monitor, or video printer. It recorded analog video, not digital.

  71. Does this one have merit? by ThisIsFred · · Score: 1

    How obvious were these ideas in 1987?

    --
    Fred

    "A fool and his freedom are soon parted"
    -RMS
  72. Riiiiight by amarodeeps · · Score: 1

    I dunno, but this strikes me as the acts of a desperate company: http://afr.com/articles/2004/01/23/1074732570036.h tml

    1. Re:Riiiiight by gregorio · · Score: 1
      I dunno, but this strikes me as the acts of a desperate company: http://afr.com/articles/2004/01/23/1074732570036.h tml
      From the same article:

      Excluding restructuring and other one-time items, however, earnings were $US199 million ($258 million), or US70 a share. That beat the consensus forecast of US52 a share among analysts surveyed by Thomson First Call.

      Sales rose 10 per cent to $US3.78 billion ($4.9 billion) from $US3.44 billion ($4.46 billion).
  73. Shouldnt have come to anything... by Phil+John · · Score: 1

    ...I'm sure there are patents of Sony's that Kodak infringe upon, why didn't they just cross-license like the rest of the big boys do?

    --
    I am NaN
  74. Not really by purduephotog · · Score: 1

    I work for Kodak. At least for the next few weeks until my division is 'divested'.

    And it's pretty sad when you see all sorts of "HEY! We made that first" crap happen and the company lawyers don't go after the infringers. Thats *your* ideas, *your* work, and damnit if the courts didn't award *your* company the patent for it.

    I won't speak to the Sony thing because I don't know the specifics, but I have heard many, many, many instances where Kodak should have, but didn't.

    And you might remember a few years back a certain Polaroid case that ruled that even the *idea* was infringed, even if there were 600 people, 300 file cabinets, and an army of engineers waiting to patiently explain that the two systems were completely different. We lost that one- Pretty much everyone outside of the company that's spoke about that declares it a landmark case... that went the wrong way.

    1. Re:Not really by Anonymous Coward · · Score: 0

      Yes, but Sony makes cool stuff. Nobody cares about Polaroid.

    2. Re:Not really by BillyBlaze · · Score: 3, Insightful

      That tired joke got modded up not because it's almost chuckle-inducing, but because it's social commentary. The funny part is that the idea is blindingly obvious and shouldn't be worth (puts pinky to lips) one million dollars. The sad part is that, yes, it is.

    3. Re:Not really by crucini · · Score: 1

      No, the funny part is that what you think is the idea isn't, you haven't even skimmed the patent and you feel free to join a chorus of blind sheep bleating in meaningless complaint.

      The sad part is that you don't realize that even if the patent were as simple as you think, there had to be a time when it was non-obvious.

      I realize one of the crack-mods may get a hold of this, but I'm really sick of the ignorant commentary on patents on slashdot. The average slashdotter has as much qualification for such discussions as the average AOL user has to debate the differences between ksh and bash.

    4. Re:Not really by Anonymous Coward · · Score: 0

      i do

    5. Re:Not really by BillyBlaze · · Score: 2, Informative

      I did too read the patent (look elsewhere in the comments for a link to it), and I stand by my opinion that it's stupid. The patent seems to be the result of someone thinking of a digital camera, and a group of engineers brainstorming ways it could be made. "It'll have, like, a CCD, and an ADC, and removable media. Or maybe it'll have an indicator saying how much space is left on the removable media." All this is converted into legalese. They don't describe how the parts will be combined, or how the parts work. And if you had asked me, in 1991, to describe how to make a digital camera, I could have brainstormed those things. In short, they didn't do anything, certainly not something worth a million bucks. And see my other post for why it was obvious even when it was patented.

    6. Re:Not really by crucini · · Score: 1
      Let's make sure we're talking about the same patent. I skimmed patent 5,016,107, which I believe is the one being discussed.
      The patent seems to be the result of someone thinking of a digital camera,...
      The patent clearly recognizes that digital cameras already exist. It points out a drawback in the existing art, and proposes a solution.
      Problem: Photographers want to fit a lot of pictures on limited storage, but good compression algorithms are slow. If the camera compresses an image after taking a picture, it will seem to freeze up. Fast compression algorithms don't compress well.

      Solution: Compress the images asynchronously from the image-capture process.
      It'll have, like, a CCD, and an ADC, and removable media. Or maybe it'll have an indicator saying how much space is left on the removable media.
      This is called enablement. The PTO requires that patent applications contain a detailed enough description to let someone skilled in the art build the invention. It is natural that part of this description will appear obvious to one skilled in the art.
      All this is converted into legalese. They don't describe how the parts will be combined, or how the parts work.
      The specification is not written in legalese. Maybe you are not used to reading formal, carefully written English. Remember that this document must be understandable not only for the 20-year life of the patent, but a thousand years from now when it will be part of the prior art.
      The claims are written in legalese. They have to be. Patent claims
      become, in effect, a patch to our national law. They have to unambiguously describe the exact limits of what is claimed as novel here. Nobody on slashdot can understand them, but every judge can understand them. If you call the patent "stupid" because its claims are legalese, then you must call every patent "stupid" on the same grounds.
      They don't describe how the parts will be combined, or how the parts work.
      The patent doesn't need to re-describe the existing prior art. It refers to existing known cameras and proposes an improvement. Are you saying that the patent doesn't contain enough information for one skilled
      in the art to create such a camera?
      And if you had asked me, in 1991, to describe how to make a digital camera, I could have brainstormed those things.
      Ah, but you would not be granted a patent on "those things" because they were prior art.

      The point is: every patent attorney and patent examiner, the people slashdot likes to bash as ignorant, could probably read this patent and accurately summarize it in ten minutes. It's a patent on asynchronous image compression in a digital still camera. I didn't see a single slashdot poster get it right - the closest was a guy who thought it was a patent on a particular kind of compression algorithm. I think people with such a ludicrously poor understanding of a field should refrain from criticizing decisions in that field until they learn a bit more.
  75. a potential loophole by CAIMLAS · · Score: 1

    Kodak is claiming patentship on "electronic cameras that use compression and digital storage"?

    Last I checked, most "electronic" cameras used film. I've only seen digital cameras use compression and digital storage. Might this be a potential loophole?

    Seriously, though. Kodak needs ot have their asses thrown out of court for this: they're falling behind because they're not innovating, just like the music industry.

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    1. Re:a potential loophole by Anonymous Coward · · Score: 0

      This might be a potential loop hole if the title of the patent had any effect on what the patent covers. However, titles don't mean shit, it is only the claims that matter.

      I highly suggest you learn something about patent law before commenting on any further patent stories.

  76. Re:Once Microsoft turns Windows into a glorified X by drinkypoo · · Score: 1

    Why shouldn't Microsoft control who develops for Windows? It would just drive people to alternatives. And enough people aren't upset about console licensing to make it worth it to make an unrestricted console, which would cost more (because you couldn't recoup enough of your investment through licensing) so my point still stands.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  77. I hate to tell you this... by purduephotog · · Score: 1

    ... but I saw a digital camera that was dated circa 1976, the year I was born. So you only missed the boat by being about 14 years too late....

    1. Re:I hate to tell you this... by John+Miles · · Score: 1

      Could very well be. Someone posted a link to one of the Kodak patents below; its filing date was at least a year before I built mine, and it appears to cover the same basic ground with the addition of data compression.

      But it sure seemed like a good idea at the time!

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
  78. thats called chromatic aberration by rebelcool · · Score: 1

    and its caused by the lens, not the CCD.

    second one down

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    -

  79. Not really by Anonymous Coward · · Score: 0

    I think it would be a clear example of groupthink moderation. Did anyone actually laugh at that, or was it more of an automatic "ah, there's the Dr. Evil joke" thing?

  80. Bad IR filter by purduephotog · · Score: 1

    IR/Red penetrates deeper into the chip and 'spreads' out. A good IR filter would take care of that purple haze.

    It could also be the wells filling and spilling over to the surrounding areas, or even a slow clock on some of the colour arrays.

    1. Re:Bad IR filter by Ohreally_factor · · Score: 1

      I think you got it. The images I saw didn't display what I would recognize as normal chromatic aberration. It was a weird kind of bloom on the edges of some bright red chinese lanterns. I'll tell my buddy, but I think he already got rid of the camera ( the sony 828, if I remember correctly).

      --
      It's not offtopic, dumbass. It's orthogonal.
  81. ROFL!!!! by Vthornheart · · Score: 1
    Mod this man up... I don't care if I get modded down to post it... I haven't *literally* rolled on the floor laughing from a post in a long time. =)

    (I type as I get up from the floor)

    --
    -Vendal Thornheart
    1. Re:ROFL!!!! by Anonymous Coward · · Score: 0
      Mod this man up...I haven't *literally* rolled on the floor laughing from a post in a long time.

      Man I hope you're being sarcastic.

  82. Why shouldn't we? by www.sorehands.com · · Score: 2, Informative

    Why shouldn't we jump to a conclusion by just reading the summary description? That is the first thing that ise used in the threat for a lawsuit. That is what the idiots that we sent to Washington did when they voted the I-CAN-SPAM act. I spoke with a few aides who said that the bill was not printed when they were rushed to vote for it, so they voted on the short title. Of course, they all should be shot for that. Did they learn this from /. or did we learn that from them?

    1. Re:Why shouldn't we? by JuggleGeek · · Score: 1
      I spoke with a few aides who said that the bill was not printed when they were rushed to vote for it, so they voted on the short title.

      And you believed them? Shame on you. The can-spam act was widely discussed before the vote.

  83. what is obvious today... by rebelcool · · Score: 1

    rarely was in the past. Especially if millions are spent figuring out what is 'obvious'.

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    -

    1. Re:what is obvious today... by Anonymous Coward · · Score: 0

      I mean, consider the stone-cold shittiness of Socialist Security. Who knew that, rather than bring forth new generations to perpetuate the ponzi scheme, modern men would increasingly prefer to plant their seed in each other's asses, where the likelihood of species propogation is slim, indeed.
      How many trillions more shall be spent before we say 'Oh, yeah: Socialism--bad idea'.

  84. Grin. I don't even think the one I saw was patent by purduephotog · · Score: 1

    ... ed. But I Could be wrong, too. But damnit if that thing wasn't ancient looking- but it functiond and had 100K pixels? It was a pretty large number for the timeperiod.

    Hell, I didn't think they knew what a transistor was when that thing was dated....

  85. To the contrary by melted · · Score: 1

    Of all manufacturers you've listed only Olympus uses Kodak CCD, and only in their E-1 camera. All consumer digicams use Sony CCDs (even Canon I believe), Nikon digital SLRs use Sony CCD, the word is, Minolta is going to use Sony CCD in their digital SLR, too. So the choice of the target is correct - Sony makes the majority of CCDs used in digital cameras today.

  86. This is yet another example ... by Hohlraum · · Score: 1

    Of a failing company suing other people in the face of change. :(

  87. Patents themselves are not bad by HermesHuang · · Score: 4, Insightful

    Without the possibility of a patent to let a company make some money off of a new invention for a bit, very few companies would be willing to spend money on research and development. Yes, patents can be misused. But without patents you'd have a "free-rider" problem where everyone wants everyone else to put up the time, money, and resources to develop new things, so that they could then simply copy it. In such an environment, almost nobody will be willing to innovate.

    The businesses that will die will be the ones who put money into R&D. That includes those who fund university research. I sincerely doubt in the environment you seem to want we would be able to innovate or create anything. However, since our forefathers got along fine with whale oil and candles, I guess we don't actually need too many of the innovations since then.

    1. Re:Patents themselves are not bad by slipstick · · Score: 5, Insightful

      Well this is totally unsubstantiated.

      I could equally say that without "protection" companies would be forced to innovate faster in order to stay ahead. It's as equally plausible because it's as equally untestable.

      Hey, this is fun. I can make up a future that doesn't exist as well. Consider that without protection. Innovation may actually occur not only faster but in a more logical and less disruptive manner. Each change may be small compared to previous ideas but they would occur at an ever faster pace. As well small companies would be able to make up ground faster and add their own innovations that a "bigger" less agile company either refuses to try to market or doesn't see a return large enough for their coffers.

      By the way, somebody had to "innovate" the candle too at some point. I'm pretty sure they didn't have patent protection.

      Companies, large or small, will always innovate because that's what they have to do to stay competitive. If all it took were a few patents to keep a company on top innovation would actually grind to a halt.

      Lastly, in my brave new world, companies would not only innovate with technology but maybe they would actually spend time innovating in customer service because that's what would really count.

      Gee that was fun. Thanks for playing.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    2. Re:Patents themselves are not bad by iminplaya · · Score: 1

      Well, I can't add to slipstick's reply without being redundant. He might be making fun of both of us, but I happen to think that his scenario is the more correct one. But we'll never know until we try.

      Abolition is the only way. "you just have to trust me"

      --
      What?
    3. Re:Patents themselves are not bad by iminplaya · · Score: 1

      I'm sorry you got modded down for that. I found your comment to be rather articulate and forthcoming (even if you were joking). Even here, on the site of the "enlightened", you'll get slammed if you desecrate their favorite business model. Many people are comfortable with the status quo and don't want any disruptive changes.

      --
      What?
    4. Re:Patents themselves are not bad by slipstick · · Score: 2, Interesting

      The only thing I was "making fun of" was that people automatically assume that their statements are true without evidence. There is absolutely no evidence that patent protection encourages innovation. You can't point to the status quo because there's nothing to compare against.

      We could as easily be at the same place,better off or worse off without patent protection but unless things change drastically we will never know.

      I personally have an affinity to the "future" I wrote about but I'm not stupid enough to try to just thrust that situation on the world. First patents and copyrights need to be severely restricted. Put things back to where they were in the 1700's. Once people realize that the sky isn't falling than you start reducing it further.

      Lastly, I want to note that even if not having patent protection reduced innovation that this would not aprior be a bad thing. We assume it is because we have all this stuff, we're geeks, we love this sort of thing. But would the world itself be worse off? Innovation may be reduced but it would never quit, humans simply can't help themselves. Some generation would have all this "stuff" but maybe they would be more prepared for it. Maybe we'd have more cooperation rather than so much antagonism. As well with designer babies right around the corner I'm not sure that humans are ready for it.

      I have no answers to my last suppositions, just pointing out that many people automatically label something that is completely different as "bad" without contemplating the idea that it would simply be different.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    5. Re:Patents themselves are not bad by John+Courtland · · Score: 1

      Flamebait my ass, he has a great point! Obviously, the rich are trying to hang onto their obselete methods to keep themselves rich while performing the least amount of work possible. This form of invention would keep the money flowing freely instead of stockpiling it to the guy who came up with the best patent first.

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    6. Re:Patents themselves are not bad by Ohreally_factor · · Score: 1

      There is such a thing as logic and reason, by which we can determine courses of action and policy. So, while you can say, "companies would be forced to innovate faster in order to stay ahead", it's not equally plausible, unless you can somehow demonstrate that this is how businesses operate.

      The grandparent poster used both logic and an understanding of how businesses operate to explain why patents are good policy. You've failed to refute his argument.

      --
      It's not offtopic, dumbass. It's orthogonal.
    7. Re:Patents themselves are not bad by Ohreally_factor · · Score: 2, Informative

      Sorry if it seems like I'm picking on you.

      Patents go back over 500 years in English law, upon which the US legal system is based. So, if you think that there were no patent laws prior to the formation of this country, you would be wrong.

      If you wish to learn more about patents, there are a variety of sites that can help you. Here is one that has a brief historical summary.

      --
      It's not offtopic, dumbass. It's orthogonal.
    8. Re:Patents themselves are not bad by HermesHuang · · Score: 5, Insightful

      *sigh* here we go again.

      Perhaps I was a bit general. I will be specific in that I will say what I personally deal with:

      I do R&D in microelectronics. Most of the projects I work in involve an investment of hundreds of thousands of dollars, if not millions of dollars, of equipment and manpower. When the final product comes out our profits are figured not only on production costs, but those development costs. If we did not have a patent for our devices, a week after we come out with a new product, another company would be able to sell the same product at a lower cost because they did not have to spend the money to do the development work. Hence anything they make over production costs will already be profit.

      Thus at least in my own specific experience (and yes, in my self interest, since I'd be out of a job) cutting edge technology would not be able to exist as it is today. There is no way we can just make small changes, because every little change we make means we have to retool at least some of the fab line. So when we turn out a new product, it has to be a significant step above what we previously had, to justify the expense of the changeover.

      I respect your idealism, but as someone who is in the middle of it, I don't see it as a matter of being agile or innovative enough. From my standpoint, developmental costs are simply too great to be ignored, and so the first person to make something would always lose out.

      This is not to say that all research and development is necessarily expensive. But If you want to look at it abstractly, The person who makes a product first has to set their price according to production costs and development costs. The second person to make that same product can set their price based solely on production costs (and perhaps the cost of buying 10 or so items from the person who first made it to take apart). Thus the second person will be able to out-compete the first person. If the development costs are fairly neglegible (like with a candle) then the market is still competitive between the two sellers. But if development costs are high like in microelectronics, even selling at a loss the person who developed the device would still be selling for a higher price then the person who copies them.

      This is not to say patents cannot be abused. One example I can think of is patenting gene sequences and the like. The purpose of a patent is to give whoever develops something a grace period within which to recoup the costs of doing the development.

      I am not playing. This is my livihood we're talking about here. If we were not able to patent our products, I would not be able to go to my boss and say "I have a new idea, but we'll need to order this $300,000 PECVD to fabricated it in our lab to work out all the details." I suppose I could try to make a new device within the constraints of what we already have the capability of making. But in the competitive world that I live in, if we already have the capability to make it, chances are someone else has already done it.

    9. Re:Patents themselves are not bad by HermesHuang · · Score: 2, Insightful

      Thanks for the support. Not that I particularly mind people disagreeing with me. I'd never learn new things if people always agreed with me. I do, however, take any disagreements on slashdot with a huge spoonful of salt. I know I post spontaneously, and so my arguments are seldom as thought out as they could be.

    10. Re:Patents themselves are not bad by JuggleGeek · · Score: 4, Insightful
      In such an environment, almost nobody will be willing to innovate.

      As things are going, the patent system makes it darn near impossible to innovate.

      I think email programs have been stuck for a long time. I can think of a number of things I'd like them to do that they don't do currently. So lets say I write my own, with plans to sell it. I'd want it to have some protections to help get rid of spam, to help avoid the common viruses, etc, in addition to some things that would simply make email more useful. I'd also probably want it to be able to do essentially the same thing with usenet messages - usenet isn't that different from email, so go for the gusto, right?

      How long before I get hit with a ton of "You used our patent here" stuff? Not long after it went public, I suspect.

      Companies have filed suits claiming they own patents to HTML links, for god sakes. And to websites that use a menu system which stays the same as you go from page to page. And all kinds of other things. More than one company using Challlenge/Response as a solution to spam (nothing more than a hand-shake, IMO) have claimed that they own the patent to that.

      If patents had been available for software back then, Visicalc would probably still be the best spreadsheet program around, as nobody else would be allowed to design a spreadsheet. Lord knows what we would be limited to when it comes to word processors and databases.

      I can understand a reasonable amount of protection for non-obvious ideas that take a lot of time and effort to make work, but the way the patent system is going is *not* going to increase the number of people/companies who develop technology, it's going to limit the number who can do it.

      Only companies with lots of money and good lawyers are going to even have a shot. How does that help anyone except a select few?

    11. Re:Patents themselves are not bad by Anonymous Coward · · Score: 0

      I'm afraid you are mistaken about a great many things. The parent was right and the grandparent was wrong. The gp used neither logic, reasoning or any understanding of any kind.

    12. Re:Patents themselves are not bad by slipstick · · Score: 1

      Hey, if you don't have a thick skin around here then a person shouldn't post. Besides, I did "attack" first.

      Thanks for the pointers and while I didn't have a clear grasp of the history of patents I didn't believe they just started in America.

      By the way here's an interesting link that seems apropo to our current times if not this particular discussion,

      http://www.myoutbox.net/posa69n.htm

      Extreme paraphrasing but it comes down to "the lawyers screwed it up".

      As well in browsing the history of patents it seems that they are destined to be the province of the privileged. They started as grants by the privileged and are continually corrupted for the benefit of the privileged as they had in 1893 in Britain and as they are now.

      As I said in a different post, I'm not stupid enough to just dump the patent system right out but there is little evidence that any system will not be corrupted by those in power for their benefit.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    13. Re:Patents themselves are not bad by Anonymous Coward · · Score: 0

      I think email programs have been stuck for a long time. I can think of a number of things I'd like them to do that they don't do currently. So lets say I write my own, with plans to sell it. I'd want it to have some protections to help get rid of spam, to help avoid the common viruses, etc, in addition to some things that would simply make email more useful. I'd also probably want it to be able to do essentially the same thing with usenet messages - usenet isn't that different from email, so go for the gusto, right?

      How long before I get hit with a ton of "You used our patent here" stuff? Not long after it went public, I suspect.


      WTF are you talking about? There are thousands of email programs out there, most of which try to do just that (and if they don't it's certainly not because they are afraid of infringing on patents). The patent system is screwed up in a number of ways, yes, but the current state of email clients is absolutely unrelated to it in every way possible. Sheesh.

    14. Re:Patents themselves are not bad by Anonymous Coward · · Score: 0

      So what you're saying is you can't design stuff any better than the next guy, so you'd be out of a job. Ahh, the American way ;-)

    15. Re:Patents themselves are not bad by JuggleGeek · · Score: 1
      There are a large number of email programs out there, yes. Most just try to do what all the others already do.

      But try to do something that isn't already common, and I'll lay you odds you would have patent issues. I mentioned using challenge/response as a tool against spam. Try sticking "challenge response patent" into Google and you get 285,000 hits, for instance.

      That's one example. For all I know, there are patents to keep you from auto-white-listing addresses you've talked to, patents on how the user-interface looks/feels/works, etc.

      Sure, you could write an email program that just does the basics, like every other email program. But try to do any inovation, and I bet you get stuck. It wouldn't surprise me if that is why there has been such little progress in email programs in the last 5 years - if you do more than that, you get sued.

      My email program example is just an example. My main point is that patents, as currently used, are a hinderance to innovation.

    16. Re:Patents themselves are not bad by ckaminski · · Score: 1

      What patents do, and this is a bit forgotten in this day and age of patent corruption, is protect the "small guy". The guy who's got a great invention, but no capital to finance it's sale/construction en mass. As a child of an inventor who had zero money to dominate a market quickly, I saw first hand how the patent system allowed said inventor to generate earning potential.

      To all of you complaining that we need to do away with patents, I don't see how that'd work, unless you want a world RULED by Evil-Mega-Corps. Reform, yes. Abolition, no!

    17. Re:Patents themselves are not bad by ChrisMaple · · Score: 1

      "No patents" would not end R&D, but it would hurt. Not all ideas can be free-ridden easily, if the product involved requires heavy new capital investment. What would increase would be innovation that involved techniques that could be kept secret. This would result in huge amounts of duplicated effort and a substantial slowdown of technological advancement. Not nice.

      --
      Contribute to civilization: ari.aynrand.org/donate
  88. -1 Kodak astroturfer by Anonymous Coward · · Score: 0

    Jesus, dude, do you work for Kodak? Are you some sort of Kodak hired astroturfer? I've seen several of your replies in here apologizing for Kodak, and proclaiming all things Kodak to be the greatest thing ever. Give it a rest.

    This is another bullshit patent -- put some memory on a camera: FUCKING BRILLIANT. It doesn't only appear obvious in retrospect, it IS fucking obvious. In essence it is "shrink the computer side down so it fits on the camera", and that is precisely what they've done, and it's an obvious progression that Kodak is trying to cash in on.

    1. Re:-1 Kodak astroturfer by Ohreally_factor · · Score: 1

      Please don't call me Jesus, although dude is fine, especially if you're into that whole brevity thing.

      I'm not an astroturfer for Kodak. I think your problem with my posts is that you have the typical knee jerk reaction that patents are bad. Patents are a good thing, despite the fact that they have been severely abused lately. Copyrights are a good thing, despite their abuse, and the criminal extension of them into infinity by corrupt congressmen.

      It's obvious that the patent system needs an overhaul, but I suspect you are one of those that wants to do away with all patents and all copyrights. My guess is that you've never had an original idea, and thus have never felt the need for any protection.

      Go ahead and mod me down for not conforming to anti-IP attitude that abounds here.

      --
      It's not offtopic, dumbass. It's orthogonal.
  89. Prior art? by Tablizer · · Score: 1

    These patent claims bring a (somewhat) amusing anecdote to mind. Around 1990, I was working at Dell Computer as a wet-behind-the-ears engineer, when the company announced a "patent bounty" of $1,000 per filed application. "Cool!", thought I, as I hastened to write up patent disclosures on.....The patent committee at Dell was unimpressed. They didn't file the patent(s) I submitted

    It may still be submissable as prior art if there are enough records and witnesses.

    BTW, Didn't many of the space probes of the 70's and 80's have digital cameras?

  90. I Wouldn't Say There's *Nothing* by SeinJunkie · · Score: 1

    The patent office has filed its share of awful patents.

  91. Sony is the #1 digital camera maker by Anonymous Coward · · Score: 0

    I'm sure that's why. Start at the top.

    1. Re:Sony is the #1 digital camera maker by ajna · · Score: 2, Informative

      I can't find a concrete reference, but I believe that Canon ships more units and grosses more than Sony.

  92. Actually - locals know the name of the river by telly333 · · Score: 1

    is the Genesee

  93. umm hello? Kodak Makes the chips by Anonymous Coward · · Score: 0

    All of you posting about how kodaks camera's suck, note that that's equivalent to saying Intel is getting its ass handed to it in the OEM PC market, they ain't in it, they don't care. Although Kodak does make cameras, they make their money from the tech that drives everybody else's. Sony rolls their own, so they get sued.

  94. prior art? by presearch · · Score: 1

    I was working at Truevision in 1986 and I remember Sony bringing in a new Mavicam digital camera for us to play with.
    It stored pictures on a little baby floppy. They were, as I remember, compressed RLE images that were 640x480 or maybe 512x486.

  95. New category by Kris_J · · Score: 1

    Can we just have a "companies in their death throws" category so I can check the little box that takes it off my frontpage?

  96. I believe you are incorrect. by Anonymous Coward · · Score: 0

    Sony has been #1 since 1999 in digital cameras.

    US market:
    http://biz.yahoo.com/djus/040217/01320000 76_2.html

    World market: Canon says they are #3.
    http://www.usa.canon.com/templatedata/CanonIn News/ 20040217_strongsales.html

  97. Kodak Linux Distro? by Anonymous Coward · · Score: 0

    I think it could be coming any day now.

  98. Um, who cares by Anonymous Coward · · Score: 0

    "Um, doesn't that apply to all digital cameras?"

    Um, yes. Um, they can choose who they, um, want to sue. Um, you see, it's called, um, "plaintiff chooses his remedy." Um, you're an idiot. Um. They don't have to sue everybody, um. They can, um, like sue just the person they, um, want to. Um, perhaps, like, um, they think like, um, Sony is, um, more like, likely to, um settle and stuff. And that, um, gives them, um, a chance to like, um, test out the, like, um, merits of their, um suit. Moron.

  99. No solution possible... by SCHATTIE · · Score: 1

    ...while you continue to support terrorism. Full condemnation of Bob Thompson, along with a call to law enforcement authorities. Act in good faith, I meet you halfway. You have not even begun the process. I have nothing to talk about with a manipulative liar who encourages and supports terrorism. Just another sick game played by another sick terrorist.

  100. not corrupt just understuffed by TekGoNos · · Score: 1

    The patent system cannot be corrupt,
    because it has no real power.

    The patent offices do not decide on patents, they just file them and offer a preliminary filtering.

    Refusing a patent needs considerably more efford than accepting it. You have to find a duplicate or you have to understand why it's obvious. For that you have to understand the patent and have a good knowledge of it's domain.

    But patent offices are understaffed with too many applications coming in, so unless the guys who reads your patent treated a similar one just the day before, he will be unable to judge on prior art. Looking it up takes to much time and would delay the process even more. (I think it's at least 2 years today from filing a patent to getting it approuved) Therefor your patent is examinated out of context based only on the merrit of the textual application and when in doubt, it is accepted.

    But this basicly just gives you the timestamp on the filing. Whenever there is a dispute, the validity of the patent must be resolved in court. That means that in addition to the money you pay for the patent, you must have enough money left to pay a lawyer to get it validated.

    As patents have become the nukes[1] of the corporated world, there is a arms race between the big players. So whenever they have an idea, when in doubt, they file it. This just makes the already understaffed patent offices handle even more requests. And together with the "when in doubt, accept it", it creates even more questionable patents.

    [1] - just like nukes, they can destroy your opponent. And just like nukes, their primary objective is not to be used, but to intimidate.

    --
    I have discovered a truly remarkable proof for my post which this sig is too small to contain.
  101. The Selden patent!! Excellent! by Ohreally_factor · · Score: 1

    The reason that it was eventually broken was because it had been misapplied. Selden's patent was for a machine that used a specific type of engine, and since Ford used a different engine (as did all other auto manufacturers), the patent really didn't apply. However, for many years Selden was able to convince every manufacturer (except for Ford) that he did own the patent for all automobiles.

    I haven't read about the Selden Patent in quite some time. There are some obvious parallels with SCO and Linux (including the threats to sue end users!).

    --
    It's not offtopic, dumbass. It's orthogonal.
    1. Re:The Selden patent!! Excellent! by goatan · · Score: 0
      However, for many years Selden was able to convince every manufacturer (except for Ford) that he did own the patent for all automobiles

      Slight correction that's every american company, he probably got laughed at when he tried to bully importers. Also if Seldan convinced that many companies he was right with such a bad patent then SCO's must look very very stupid. Excellent link might spend all afternoon there.

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    2. Re:The Selden patent!! Excellent! by goatan · · Score: 0
      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    3. Re:The Selden patent!! Excellent! by Ohreally_factor · · Score: 1

      I still want to find out exactly what is in the Kodak patents before damning them as dodgy, but I find the irony extremely rich.

      Thanks for the corrections as well.

      --
      It's not offtopic, dumbass. It's orthogonal.
  102. Imagine by Ohreally_factor · · Score: 3, Insightful

    Imagine that a slashdotter wrote one e-mail to a representative or a government body for every 20 posts he or she wrote here. Even better if a physical letter were sent through the mail.

    --
    It's not offtopic, dumbass. It's orthogonal.
    1. Re:Imagine by goatan · · Score: 0
      imagine that a slashdotter wrote one e-mail to a representative or a government body for every 20 posts he or she wrote here. Even better if a physical letter were sent through the mail.

      it would be filled in that round receptacle known as a bin and/or you would receive a generic reply that urges you to vote for your government representative. Damn that was a cynical post even for me.

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    2. Re:Imagine by Ohreally_factor · · Score: 1

      I understand your cynicism, but congress people actually hire people (usually lowly interns) to open, classify and organize all the mail, and take notes about issues raised. This is one way they have of understanding what their constituents are thinking.

      I had a girlfriend in college who interned in a senator's office, and her job was performing "triage" on the mail. (She sent me copies of some of the letters in the crazy file.) If I remember correctly, the formula they used was something like 1 letter represented the views of 1,000 (or maybe 10,000) constituents. I don't know what the formula is for e-mail, but I am sure it's not anywhere near as high a ratio.

      Now I fully understand that some representatives are too deep into the pockets of industry. I consider Berman, the rep of the next district over, to be a lost cause. His nose is too far up the Mouse's ass. Furthermore, many of his constituents are employees of the Mouse.

      --
      It's not offtopic, dumbass. It's orthogonal.
  103. Another dying star, ... by Dr.+Mu · · Score: 3, Funny

    ... its fuel of innovation and market share spent, and its core collapsing under its own weight, explodes as a SUPERNOVA. Expelling enormous gas clouds of lawsuits and IP claims with the brilliance of a trillion suns, Supernova EK2004 is dazzling observers the world over. Dr. Roland Smythe of the National Observatory commented, "This star was much larger than SCSO2003, which went supernova last year. But both are following the same progression and will soon be naught but a memory. Nonetheless, the data we've obtained from these two events will be studied for years to come." Indeed.

    1. Re:Another dying star, ... by Dr.+Mu · · Score: 1

      Oh blast! I misquoted Dr. Smythe. He had referred to SCOX2003, not SCSO2003. My apologies to the good doctor.

  104. Here's the real issue... by Chordonblue · · Score: 1

    Okay, let's assume it's true: 'All your digital camera are belong to Kodak.' One question: Why wait so fscking long to enforce this?

    Look, it's not as if Sony just started making digital cameras last week. I'm sorry but this just smacks of desperation here. First Kodak gets rid of their film camera biz, then they move to litigation. What this suggests is that they DO have more in common with SCO, the penultimate authors of books like 'Litigation, Profit, and YOU' and 'Sue Your Way to Financial Freedom'.

    Kodak most certainly has a right to assert any reasonable claims but it's the TIMING I'm questioning here. I mean, didn't NASA have a hand in 'prior art?' After all, they've been sending compressed digital pics back from probes for a LONG time!

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
  105. Another Company Going Out Of Business... by Master+of+Transhuman · · Score: 1

    resorts to lawsuits.

    Can you code:

    if $Kodak = 'SCO'
    let $out_of_business = $Kodak
    end-if

    I knew you could.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  106. More info on Digital Photography World by very · · Score: 1

    I lreally like www.dpreview.com

    They have many technical information regarding Digital Cameras.

    They also have a little articel regarding KODAK vs. SONY here

    ASDF ASDF ASDF ASDF ASDF ASDF

  107. Kodak LS443 - Good Quality by ElliotLee · · Score: 1

    I'm very happy with my Kodak LS443 digital camera. Not only is the image quality excellent, but it also has a very nice LCD screen and awesome optical zoom. And at the time, it was a 4.0 megapixel camera selling for about the same price as most 3 MPs.

  108. There is a statutory bar to a patent. by pwarf · · Score: 1

    35 USC 102(b) establishes a statutory bar to obtaining a patent if 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.

    He's out of luck by more than 10 years. Also, 35 USC 102 (g) [same link as above] establishes that if two people invent the same thing, the later to file must show reasonable diligence from a time just prior to conception by another.

  109. Kodak Does Not Deserve... by LuYu · · Score: 1

    Kodak has filed a lawsuit against Sony alleging that 10 of its patents have been used without permission.
    If I recall correctly, Kodak worked the court system in a premeditated move to profit at the expense of Polaroid a few years back. This page has some information about the case (I do not have time to read it now, though). This page gives the year of the lawsuit, 1978, but incorrectly calls the suit a "copyright infringment" lawsuit. However, what I remember from the time was that Kodak started producing its Instamatic cameras after calculating the maximum penalty for a patent infringement lawsuit and then calculating that even with the settlement, they would still make a massive profit. Therefore, if memory serves, they deliberately sidestepped the legal system to obtain illicit profits.

    Again, I can find no information on this on the Net, but I remember that even with the huge settlement that they paid out, they still came out on top. Their customers, of course, were screwed as Kodak was prohibited from selling film for the cameras after the trial.

    Does a company that so blatantly disregards other peoples rights deserve any itself? If they are willing to make illicit profits from someone else's patents, why should the government enforce theirs?

    --
    All data is speech. All speech is Free.
  110. Obviously following in SCOs footprints... by dankdirk77 · · Score: 1

    When your business model fails, and your product becomes obsolete, claim ownership of the competitions product and then get really nasty lawyers to "prove" it.

    --


    SCO: 800-726-8649
    Verisign: 800-361-8319, 888-642-9675
    Diebold: 800-433-VOTE (8683)
  111. Obvious in foresight too by Per+Abrahamsen · · Score: 1

    A lot of these patents sound like what we cs nerds discussed at evening in the terminal rooms in the 80'ties. "If the trend of smaller disks continue, then one day you can put them everywhere, like in cameras. Compresses, there could be thousands of images. I don't want to carry around a hard-disc, we could do it today with static ram. In a few year it will be compact enough to store at least as many pictures as film." There was a lot of dicussion about what the net would mean, if everyone had access.

    We did not think of ourselves as visionaries, we just average geeks who listed the obvious applications of the improved technology as idle speculation. Applications that was certain to come given the technology. The kind of application that should not be patentable, but has been because the patent system has failed on its purpose, namely to encourage people to disclose inventions that would otherwise be lost to society as a whole.

    I believe the "hindsight" argument is overdone. If something is obvious in hindsight, in 99.81% of the cases it is also something many people would come up with once the technology was ready, and thus something that should not be patentable.

  112. Anyone Else Notice? by Solokron · · Score: 1

    So often it seems when a company is getting near their last breath in their respective genre they spring to sue their competition in a desperate attempt.

    --
    30% off web hosting. Coupon code "SLASHDOT".
    1. Re:Anyone Else Notice? by goatan · · Score: 0

      Also anyone else notice how it's American based company's that are claiming dubious patent's and trying to sue can anyone they can find example and here and here and finally are there any examples of non American company's doing this I couldn't find any but there must at least one somewhere. How often is suing someone used as a revenue generator why is it seen as legitimate business practice to gamble on the courts making a mistake and upholding stupid patents

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    2. Re:Anyone Else Notice? by Anita+Coney · · Score: 1

      That's because the US has the most f#cked up intellectual property system in the world. But the real bad news is that it's only a matter of time before EVERY country adopts it!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    3. Re:Anyone Else Notice? by goatan · · Score: 0

      There is hope

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

  113. Plain and Simple by Anonymous Coward · · Score: 0

    Plain and simple. That billionaire sold his stock, and now they need to drum up some real dough before the fiscal year is out. Snakes.

  114. nonsense by ajagci · · Score: 2, Insightful

    I do R&D in microelectronics. Most of the projects I work in involve an investment of hundreds of thousands of dollars, if not millions of dollars, of equipment and manpower.

    I think you are a bit naive, here. Hundreds of thousands of dollars barely pays for the costs of a patent, let alone any kind of significant R&D project.

    When the final product comes out our profits are figured not only on production costs, but those development costs. If we did not have a patent for our devices, a week after we come out with a new product, another company would be able to sell the same product at a lower cost because they did not have to spend the money to do the development work. Hence anything they make over production costs will already be profit.

    That's a completely naive analysis of cost structure. Even if the other company were completely copying your product, in addition to production, they would have to spend a lot of money on development and marketing, and reverse engineering is often more costly than just doing the research themselves.

    Thus at least in my own specific experience (and yes, in my self interest, since I'd be out of a job) cutting edge technology would not be able to exist as it is today. There is no way we can just make small changes, because every little change we make means we have to retool at least some of the fab line. So when we turn out a new product, it has to be a significant step above what we previously had, to justify the expense of the changeover.

    See, here you contradict yourself. On the one hand, you claim that your competitors can crank out copies of your products with no more than production costs, and on the other hand, you say that even small changes require you to "retool your fab".

    The logial conclusion? Your company is uncompetitive and you are using patents to try to make up for the fact that your company doesn't know how to run its business and engineering operations. And what does that tell us? That your company should go out of business and be replaced by something more efficient. Too bad that, as you are telling us, your inefficient company has gotten 20 year monopolies that will let them continue to extort money from other, more efficient manufacturers until long after any of your company's R&D operations have shut down.

    I suppose I could try to make a new device within the constraints of what we already have the capability of making. But in the competitive world that I live in, if we already have the capability to make it, chances are someone else has already done it.

    Again, you are admitting that the patent system, for you, is not a way of encouraging innovation. Because if "someone else has already done it", it means that "it" is easy to do for lots of people and the patent system essentially becomes a lottery for who will win a monopoly for the next 20 years (only large companies with big legal staffs can enter that lottery, however).

    I am not playing. This is my livihood we're talking about here. If we were not able to patent our products, I would not be able to go to my boss

    You are just looking for the government to give your company a nice, guaranteed handout for the next 20 years because you have already told us that (1) your company is uncompetitive when it comes to manufacturing and (2) the things you "invent" are so simple that there are lots of other companies who could already be manufacturing them.

    If we are going to give government handouts to research, let's do it more efficiently than the patent system: invest the money directly in research. That way, at least the technological advances that are made will be manufactured by efficient companies, not by companies like yours, which obviously seem to invest more in their legal staff than in their engineering staff.

    And if we are going to give companies temporary monopolies, let's make them a more meaningful lifespan: to protect the kind of research that goes into your products (you yourself told us that your lifecycle is very short), 3-5 years ought to be sufficient.

    1. Re:nonsense by molarmass192 · · Score: 1

      Hundreds of thousands of dollars barely pays for the costs of a patent

      Nah, it costs ~$10K to prepare and file for a patent and 95% of that money goes to the lawyers preparing your application. The expensive part you're thinking of is enforcing / defending a patent.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    2. Re:nonsense by ckaminski · · Score: 1
      Insightful my ass.

      I think you are a bit naive, here. Hundreds of thousands of dollars barely pays for the costs of a patent, let alone any kind of significant R&D project.

      I can tell you affirmatively that it takes less than $1000 and a good idea for a patent. If what you say is true, you are only buttressing his argument. A company can still be nimble, yet have to spend significant amounts of money on R&D.

      That's a completely naive analysis of cost structure. Even if the other company were completely copying your product, in addition to production, they would have to spend a lot of money on development and marketing, and reverse engineering is often more costly than just doing the research themselves.

      Not necessarily true. They can steal employees away, litigate, and *STILL* dominate your market. Figuring out how to make silicon-on-insulator work was a lot harder than building the equipment to make it work. Look at drug research. Figuring out that enzyme X does such and such when combined with chemical Z is a lot harder than simply synthesizing said concoction.

      See, here you contradict yourself. On the one hand, you claim that your competitors can crank out copies of your products with no more than production costs, and on the other hand, you say that even small changes require you to "retool your fab".

      Silicon on insulator isn't a cheap thing to implement. Going from UV to xray photolithography isn't cheap. Going from galium arsenide to copper substrate isn't either. Just because a change is "simple" doesn't mean that it doesn't require massive infrastructure alterations. Such as assumption is at best naive.

      (only large companies with big legal staffs can enter that lottery, however).

      This shows how ignorant you really are, and how little time you spend in the real world. I know more than one inventor who's made his livelihood for less than $1000 in patent attorney and appliation fees and a little blood sweat and tears. That, and that reason alone, is the entire reason the patent system is WORTH the crap we have to put up with, so that nimble young (old) minds with an itch to scratch and a solution can create and innovate, without fear some faceless corporation is going to stomp them before they can even get their feet under them.

      You are just looking for the government to give your company a nice, guaranteed handout for the next 20 years

      No, he's not. He's asking the government to grant his device protections against competition for 20 years so that he can attempt to let market forces give him money. He might get that money by selling(licensing) that invention to other "Evil Mega Corps", he might not. At no time is the government giving him a handout or free money.

      What if this guy works in a 4 person electronics shop? Are you going to tell him that he should just close up shop and go work for Texas Instruments or Intel and just give up? Great, destroy the American Dream while you're at it.

      HAND.

      -Chris

    3. Re:nonsense by Anonymous Coward · · Score: 1, Interesting

      The argument as to whether Patents hinder or encourage innovation is difficult to prove. All one can say is that the industrial revolution Watt Stevenson etc innovated enormously in the nineteenth century without the benefit of our current IP infrastructure. And the swiss managed to build their entire nineteenth century pharma industry while resisting patent law until 1906(?)

      But essentially it keeps lawyers off the street and that may be a worthwhile social goal.

    4. Re:nonsense by kansas1051 · · Score: 1

      I think you are a bit naive, here. Hundreds of thousands of dollars barely pays for the costs of a patent, let alone any kind of significant R&D project.

      Most patents cost between 10k and 30k in attorney and office fees to prosecute, that includes filing a provisional and nonprovisional application, two amendments, and an appeal brief. I believe the "hundreds of thousands" you speak of are incurred in patent litigation, which is a seperate issue.

    5. Re:nonsense by ckaminski · · Score: 1

      If by innovation you mean: I slave over a hot soldering iron building the "next-big-thing", and then go and sell it on the market, and finally IBM comes along and builds a duplicate of said item for 1/10th the price I can (due to economies of scale, say)

      Then you are right. No patent system invented in the history of the world will prevent human innovation. The question is, do *I* deserve a certain period of time with which to earn money on my invention?

      I'm torn. I'm a direct beneficiary of the patent system, but I'm also disturbed by the inept patent examination process...

      As to the industrial revolution: during the 19th century, more than a few patents were granted to inventors. Our infrastructure today may be a perverted vision of what the "Framers" set forth, but it has existed and functioned for the history of our country.

      There's a few questions that need to be asked:
      1. Do we care about innovation for us all, costs
      be damned
      Result: individual inventors will get discouraged everytime some big corp steals their idea and undercuts them.
      We (the royal we) win, inventor loses
      2. Do we care that the inventor receive his just reward? Some of which includes building a company, hiring people, providing jobs, etc. This provides both society and inventor reward, and is the lynchpin of the American Dream.
      We win, inventor wins.

      I'm for option 2, myself, as much as I wish option 1 could work.

      -Chris

    6. Re:nonsense by ajagci · · Score: 1

      Nah, it costs ~$10K to prepare and file for a patent and 95% of that money goes to the lawyers preparing your application.

      You have typical corporate blinders on: you think the only costs associated with a patent are those that show up under the heading "patent expenses".

      You are forgetting about all the other costs that writing a patent involves, foremost the work that goes into it on the part of the researchers and engineers, clerical work, patent incentive programs, etc. You see, that doesn't come for free either: those people want to get paid, too, and they aren't writing patents out of charity. Every day a researcher spends working on a patent is a day not spent doing research.

      If your patent process works well, you pay about $50k/patent just to file it; if not, the costs are probably much higher (or your patent ends up being worthless). To enforce it and perhaps even defend it, the costs easily go into the millions.

  115. Mod Parent Up by tanveer1979 · · Score: 1
    Well said.
    Being in VLSI i agree with you. And I *do not* buy the arguments of Businesses will innovate faster. Hey guys. People who work are humans. What do you mean innovate faster. In the Semiconductor industry companies are innovating fast. Companies can spend upto 18% of their Revenue on R&D.

    If you want a concrete example, here it is. TI came out with DLP(Digital Light Processing) tech. It cost a huge lot. And took years of development work . But it has started selling only now when the price of the chips has come down. Suppose there were no patents. Company X could have just taken that design, and would be able to sell the same at a much lower cost(No development costs).

    In software things are a little different. In VLSI the costs needed are simply too huge. Just because there are a lot of stupid patents, it does not mean all patents are stupid
    --
    My Aurora : http://www.youtube.com/watch?v=o91ZsGwJYyg
    FB : https://www.facebook.com/TanveersPhotography
  116. Hilton and Motel 6 by Anonymous Coward · · Score: 1, Insightful

    somehow they both still make money without one holding a patent on the "temporary storage space intended to be utilized by humans in an overnight capacity." and alot of patents are getting that broad nowadays.

  117. +1 Insightful, that parent by leonbrooks · · Score: 1

    Dang, I had mod points yesterday, and another batch about 3 days ago, where are they when I actually need them?

    --
    Got time? Spend some of it coding or testing
  118. Patents last too long. by guidryp · · Score: 1

    Let's face it, the patent system is quite broken. I would start with limiting patent life to 5 years. Plenty of time for a company to earn back their research. But short enough that they can't sit around and wait for the market to use the innovation and then pounce. Also a 5 year life will force more innovation, rather than stagnation. Obviously broad vague ideas or wishes shouldn't be patenable. Solutions should.

  119. Just a test ... please do not mod by Anonymous Coward · · Score: 0

    Just testing a long word .... wrap is virtual
    asdkasdflkjaasdfjkahsfkjahsdfjkhasdfjhasd fkjhaskdj fhajksdfhkajhfkajsdhfkjasdhfkajsdhfkjasdhfkjasdhfa jksdfhaskdjfhaskdjfhaskjdfhkajdsfhakjsdfhakjsdfasd fasdf

  120. Kodak patent claim legit... by Phoenix+Rising · · Score: 2, Insightful
    Wow - what a bunch of IP nazis we have here... /.'s been accumulating cruft recently.

    If you really bother to read the patent, they're claiming a patent on image buffering and asynchronous processing (specifically, compression) in digital cameras. They spend the time to properly acknowledge prior art, and then clearly explain their additions.

    This isn't a claim on all digital cameras (just a reminder for those who can't be bothered to process information outside of soundbites...). The patent application states many problems surrounding the issues of the time; among them are the availability of memory cards of any size (the biggest one they could find was 512K - not even big enough for a single 640x480x24 image).

    Their negotiations with Sony probably revolve around either the buffering claim, the compression claim, or the removable memory card claim. Or mix-and-match. After three years of negotiations, they apparently decided a lawsuit was more profitable.

    And as for Kodak being way behind the digital imaging game - ask yourself which camera has the highest current resolution. For 35mm, it's the Kodak DC14n at 13.7MP. For medium-format cameras, it's the Kodak DCS Pro Back at 16.6MP. I've been told they aren't the most reliable units on the market, but they are at the cutting edge of technology. Kodak realized it was losing the non-speciality film market (excepting one-shot cameras) many years ago. They've been thinking digital ever since.

    --
    Let us live so that when we come to die, even the undertaker will be sorry -- Mark Twain
  121. Fade away by ChrisMaple · · Score: 1

    I don't know about now, but 40 years and more ago if you shot movies in color and wanted them to last, you didn't use Eastman (Kodak) products. The dyes faded. The semi-archival product was Technicolor.

    --
    Contribute to civilization: ari.aynrand.org/donate
  122. Desire? by Anonymous Coward · · Score: 0

    I agree. What is the patent office coming to? In the end, even though we don't like it, it is up to us Technocrats to start rallying to change things. We have the ability to ban together but do we have the desire?

  123. kodak stock price has been sliding for 6 years now by spamspam · · Score: 0

    looks like kodak is going to get others to pay for their lack of vision and execution.

  124. List of Kodak Patents Asserted by Caol · · Score: 2, Informative

    For those who want to actually read the Kodak patents asserted against Sony, they are 5016107; 5164831; 5493335; 6292218; 4642678; 5373322; 5382976; 4660101; 6542192; and 6573927. Go to the PTO and search for each.

  125. ARgh! end bogus patents. by guidryp · · Score: 1

    This makes is pretty clear to me that Kodaks patent should be invalidated. It is only common sense to use compression as file size grows. This is not a case of valuable research dollars being defended. Did they invent the compression that Sony is using? I don't think so. So where is the Kodak research in this area. What "work" did they do that Sony "stole".

    It is a ridiculous farce that rewards people for putting the obvious in writing and filing it. Not true innovation.

  126. Sony first mavica in 1981 by guidryp · · Score: 1

    http://www.digicamhistory.com/1980_1983.html Runs on batteries stores images on floppies.

    1. Re:Sony first mavica in 1981 by Anonymous Coward · · Score: 0

      Yeah, so did the Xapshot. But it didn't transfer images directly to a host computer, with or without compression.

  127. Kodak competes in the consumer space by LionMage · · Score: 1
    Too bad for Kodak they haven't made a competitive digital camera in like 5 years.

    I would have to disagree with you on this. At least in the consumer space, Kodak's digital cameras are very competitive on features and price, and are still quite popular. The latest Kodak innovations (picture dock, including a compact photo printer that has the printer dock on its top side) help reinforce that position.

    I recently purchased a Kodak DX6490 (a 10x optical zoom camera with an SLR-style body and a 4 megapixel sensor), mainly based on my preference of its feature set, its preferred media (SD/MMC, which is also usable in Palm-branded PDAs), and reviews which compared the camera favorably against the Fuji Finepix S5000. And, oh yeah, good Mac OS X integration out of the box. So far, I've had no disappointments; even the movie clips the thing takes are excellent, for what they are.

    Better quality camera and better quality pictures from a camera that's at a price point at-or-below the nearest competition? Yeah, I'd call that competitive.
  128. Any real evidence besides anecdotes? by LionMage · · Score: 1

    Is there any real analysis (financial or otherwise) which would bear up your assertion that Kodak is "going downhill fast"? Or is this a blind assertion based purely on anecdotal "evidence"? Kodak and other companies of its ilk periodically go through phases where they trim the dead wood.

    I suspect this "Kodak is going downhill fast" meme is much like the predictions of Apple's demise, which have been going steady for what, over a decade now?

  129. Kodak the New SCO by Anonymous Coward · · Score: 0

    They did report loses recently. Maybe they are just pursuing the SCO model of self preservation.

  130. Kodak patent history by tcgroat · · Score: 2, Insightful

    Kodak suffered a huge patent loss to Polaroid about 15 years ago. Kodak had to pay a large settlement to Polaroid, had to discontinue sale and production of their "instant camera" film, and gave significant discounts as compensation to the owners of suddenly obsolete Kodak cameras. Perhaps the pain of those events has encouraged Kodak to be more aggressive defending their own patents.

  131. *sigh* here we go again....indeed.... by jotaeleemeese · · Score: 1

    If your product was worth that much investment, there is no chance that a competitor would have a similar thing ready in one week. No way. If they did, that would mean your product was not worth that much investment anyway since it would be relatively evident to implement it.

    The problem is that you are assuming that in a word without patents companies would develop products on the same way.

    There are many things that would happen: one would be that innovation stalls compltely (unlikely, patents are a recent "innovation" and humanity innovated fine without them), in which case, we can always put them back in place.

    Or companies would shift the risk of D&R to institutions with no interest in directly profit from discoveries or innovative implementations, like Universities or non profits financed by goverments and interested individuals and companies. Once they would find the cure for big feet, any interested company could commercialize the solution (lets say big shoes) and compete based on quality of service and costumer satisfaction. No wonder most companies find this freaking scary.

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    IANAL but write like a drunk one.
  132. Look to Japan . . . by vortexau · · Score: 1

    My feeling is that we must look to Japan when examining the Earliest History of the Digital Still Video Camera. I had recalled the Canon Ion from the late '80s.

    "History and background of digital cameras
    1. The first step was to improve the transmission from moon to earth antenna, researchers at NASA developed the methods that convert analog signals into digital information.
    2. The second step was when Sony first demonstrated an electronic still camera using CCD in 1984. The name of the first digital still camera was 'Mavica.' This small toy uses 1.4 MB floppy diskette, and one-diskette stores twenty-five pictures."

    FIRST INTERNET MENTION OF ELECTRONIC CAMERAS - 1984.
    "In July, 1984, Canon conducted a trial of the RC-701 and an analog transmitter at the Los Angeles Olympics.
    The Copal CV-1 electronic camera prototype - 1984.
    HITACHI STILL VIDEO CAMERA PROTOTYPE - 1984.
    PANASONIC PROTOTYPE ELECTRONIC CAMERA - 1984.
    FUJI ES-1 - 1985. STill video camera.
    KONICA SVC-20 - 1985. Prototype still video camera.
    CANON RC-701 STILL VIDEO CAMERA - 1986. Canon was the first to market a still video camera, the professional model RC-701.
    Canon's "RC-701" was the world's first commercial magnetic recording still camera."

    SV Cameras Accessible to the General User
    "In order to provide an affordable SV camera for general users, Canon set the price target that would not exceed 100,000 yen. The target was met by the release of the "RC-250 (Q-PIC)" in September 1989, whose price was 99,800 yen. The "RC-250 (Q-PIC)" had a built-in playback function. Connecting the camera to a television set with a video terminal, the user could easily view the pictures that had been taken. The camera with both "shooting" and "viewing" functions received much attention widely. The "RC-250" was a particular hit on the European market under the name of "ION."

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    (David Bowman, EVA near HUGE Monolithic Win-PC in orbit around Jupiter) "My God - its full of Malware!"
  133. " Kodak in 1995 " but " Canon in 1986-89 " by vortexau · · Score: 1

    > Think back to 1995 ... pretty much every digital camera was made by Kodak.

    Yet if we go FURTHER BACK to 1986-1989 we find Canon's "RC-701" was the world's first commercial magnetic recording still camera; and that Canon's "RC-250 (Q-PIC)" ("ION" in Europe), released in September 1989, was the FIRST consumer-priced DSC.
    .

    --
    (David Bowman, EVA near HUGE Monolithic Win-PC in orbit around Jupiter) "My God - its full of Malware!"