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EFF To Fight Dubious Patents

theodp writes "The Electronic Frontier Foundation launched a campaign on Monday to overturn patents that it says are having a chilling effect on public and consumer interests. The ten patents initially cited as problematic by the EFF Patent Busting Project are: one-click online shopping, online shopping carts, hyperlinking, video streaming, internationalizing domain names, pop-up windows, targeted banner ads, paying with a credit card online, framed browsing, and affiliate linking. Maybe this will prompt former EFF Board Member Tim O'Reilly to share that killer piece of 1-click prior art that's sitting on his bookshelf!"

24 of 140 comments (clear)

  1. Scary by pjt33 · · Score: 4, Insightful

    The scariest thing about that list of patents is that I'd only heard of the one-click one.

    1. Re:Scary by salvorHardin · · Score: 4, Interesting

      I was thinking 'yay, go ahead and patent pop-up ads, I hate them and want them all to die a horrible death, the less people that can use them, the better'.
      And then I re-read it and noticed it said 'pop-up windows'. Which doesn't limit itself to adverts.

    2. Re:Scary by Liselle · · Score: 5, Interesting
      Same here. Who knows what else is out there that the EFF hasn't found yet? It's an unsettling thought. But in digging around looking for info on these patents I haven't heard of, I found a nice little quote from Tim O'Reilly that he made back when the one-click idiocy was going on a few years ago:
      I also want to say that a patent on something like "1-Click ordering" is a slap in the face of Tim Berners-Lee and all of the other pioneers who created the opportunity that Amazon has done such a good job of exploiting. Amazon wouldn't have existed without the generosity of people like Tim, who made legitimate, far-reaching inventions, and put them out into the public domain for all to build upon. Anyone who puts a small gloss on this fundamental technology, calls it proprietary, and then tries to keep others from building further on it, is a thief. The gift was given to all of us, and anyone who tries to make it their own is stealing our patrimony.
      If that's not the damned honest truth, then I don't know what is.
      --
      Auto-reply to ACs: "Truly, you have a dizzying intellect."
    3. Re:Scary by spellraiser · · Score: 5, Interesting

      Indeed. Strange that these ludicrous patents are not discussed more. I'm especially 'fond' of this one (taken from here):

      Method and system for internationalizing domain names

      Abstract

      A method and system for internationalizing domain names is provided which allows domain names to be entered in any language without having to modify the existing Internet domain name servers. When an [sic] user enters a domain name including non-English characters into an internet program, a domain name transformer intercepts the domain name prior to reaching the resolver. The domain name is converted to a standard format which can represent all language character sets, such as UNICODE. The UNICODE string is then transformed to be in RFC1035 compliant format. Redirector information is then appended to the compliant string which identifies the delegation of authoritative root servers and/or domain name servers responsible for the domain name. The compliant domain string is then resolved by the authoritative domain name server just as any English domain name.

      If I understand this correctly (but hey - who can be sure), this is basically a patent for, um, a method for converting strings between different formats and then doing a DNS lookup or some such thing. Excuse me, but isn't that usually called a 'standard', not a 'patent' ?? This boggles the mind.

      Oh, and by the way, the spelling and grammar generally sucks in these patent desciptions. Check it out for yourselves if you don't believe me ...

      --
      I hear there's rumors on the Slashdots
    4. Re:Scary by Sc00ter · · Score: 4, Interesting

      Depends on how the popup is created. Look at patents on stuff made outside of the computer world. There's patents on popcorn boxes and paper bags. The patent isn't always on what is created but also in the process of creating the end product.

    5. Re:Scary by redhog · · Score: 4, Informative

      You might be partly right, but at least, you are not correct about all of his books:

      http://www.oreilly.com/openbook

      --
      --The knowledge that you are an idiot, is what distinguishes you from one.
  2. It's funny when the patent website... by Anonymous Coward · · Score: 4, Funny

    Uses a 'shopping cart' too. I wonder if they've been sued.

  3. one is missing by nickname_unique · · Score: 4, Informative

    i'm missing the patent on a "progress bar" which is pending in europe.

  4. Shorter patents by tindur · · Score: 4, Insightful

    In information technology the time you can have a patent should be extremly short.

  5. Re:Here's my chance! by eclectro · · Score: 4, Funny


    Congratulations on your first post.

    You are hereby granted patent no. 7,152,654; "Expression for totally useless posting at the top of a comment thread."

    While some of your slashdot friends may complain that there was prior art for this, you do not have to worry. It's our word against theirs.

    We don't bother to research this stuff out anyway, and quite frankly we don't care.

    Sincerely,

    The US patent office.

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  6. FFII by Elektroschock · · Score: 4, Insightful

    Good, very good!

    FFII did similar action against a Amazon patent earlier this year in Europe. Unfortunately I believe that the patent system must be fixed on a policy basis. Let's fix the patent system rather than playing theior games. I think it should not be our job to help to hunt down patents that shouldn't be granted and pay the fees of the patent industry. Software patents shall rather be stopped before they are issued by proper laws.

    http://swpat.ffii.org

    1. Re:FFII by peragrin · · Score: 4, Interesting

      I have said it before. There is nothing wrong with the patent policies. The officers granting the patent simply don't follow the rules. it goes something like this

      1) rich company applies for patent
      2) officer reads patent, thinks if he has ever seen it before.
      3) if he has he might look it up
      4) rubber stamp Patent granted move to next one.

      the new system should be.

      1) rich company applies for patent
      2) if it is based on software should be denied and told to copyrigh the software.
      3) if it is based on physical system then it most be carefuly looked over.

      My way a huge section of patents get thrown out, work in the patent office declines.

      --
      i thought once I was found, but it was only a dream.
  7. I'd patent uninformed discussion by Anonymous Coward · · Score: 5, Insightful

    on patents but there's already too much prior art. Yeah, I know this is a troll and too much prior art on that too. But did it ever occur to you that Slashdot's 400 posts in the first 2 minutes pretty much precludes any thoughtful replies that take more than 2 minutes to think out and compose. How about a 2 hour delay before posting is allowed?

  8. Its a good start..... by AlistairGroves · · Score: 4, Insightful

    But what is needed is a way of preventing them from occurring in the first place...

  9. OK, fine, but... by RupertJ · · Score: 4, Insightful

    While it is relatively easy to understand the need for patents to encourage commercial development and investment, it is rude and obnoxious for companies to attempt to patent some of the most basic of computing principles.

    I'm all for coroporate cash funding new hardware and software, but think where we might be today had IBM really clamped down on their PC systems.

    No Slashdot for starters.... =)

  10. Re:Too late? by Anonymous Coward · · Score: 5, Informative

    Pretty much everything that can be invented has been either invented or patented already

    I was going to post that the commissioner of the USA Patent Office said that too. In 1899.

    However, a quick Googling later, I have found that this quote is a myth.

  11. Software patents: not all bad? by Aim+Here · · Score: 5, Funny

    "... pop-up windows, targeted banner ads, ... "

    You mean the fuckheads who design websites full of this sort of garbage could be forced to cough up swingeing royalties for the privilege of polluting the internet? Almost makes me want to support software patents....

  12. I'm surprised that nobody's mentioned.. by the_rajah · · Score: 5, Informative

    http://www.pubpat.org/ Public Patent Foundation and their work against the same sort of thing.

    --


    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
  13. Maybe it would help ... by maxwell+demon · · Score: 4, Insightful

    ... if the patent office would be liable for missing obvious prior art for granted patents.

    --
    The Tao of math: The numbers you can count are not the real numbers.
  14. Real World Counterparts by Anonymous Coward · · Score: 5, Interesting

    One of the biggest problems I see with these patents is that they are not innovations, they just happen to be used on a computer. You shouldn't be able to simply take a random, common concept and slap a "...by computer." on it and get away with a new patent.

    One-click online shopping: How about picking up the phone, calling the grocer, and having them deliver. If they already know you, you probably only need to give them your name. Not "one-click" but pretty damn close. Just slap the "online" part to it, and you have a new patent?

    Online Shopping Carts: Oh for Christ's sake... shopping carts have been around forever. Again, they slapped the "online" part, and now it's a patent.

    Hyperlinking: Hyperlinking may be a computer-specific item, but how about touch-tone phone systems, for example? "If you would like to make a claim, press 4..." You have a selection of items, and just press a button to get to it.

    Video Streaming: TV. 'Nuff said.

    Internationalizing Domain Names: Zip codes and country names, anyone?

    Pop-up Windows: How about those annoying "Subscribe now! 80% off news stand prices!" cards in magazines? They seem to be the same thing.

    Targetted Banner Ads: Targetted advertising of any sort. The crap you get in your physical mail box.

    Paying with a Credit Card online: And you couldn't do this over the phone, prior to this patent?

    Someone on /. also mentioned the "progress bar" patent attempt in Europe. I'm not familiar with this one, so it may be a bunch of hot-air, but I'm too lazy to check on it. So I offer you the same thing in the real world: Sand clocks, air compressor pressure guages, the pop-up thermometer stuck in the turkey, what not.

    I think we could all come up with a bunch of ridiculous patents based on their real-world counterparts... such as "method to transfer electricity over computer networks". Ethernet (minus the fiber optic variety) does just this (however small the current) and the real world counterpart is the freakin' power grid. And so on so forth. What's scary is that half of them probably already to, or will soon, exist.

  15. Patentablillity by Tatarize · · Score: 5, Interesting

    To be fair most of those things really shouldn't be patented on the obvious claim for patents. I was working on a shopping system for a php script I was writing. I didn't really think about it until it was about finished but the final code was pretty much a cart.

    Problem:
    1) People need to buy things.
    2) Buying one thing at a time is slow/silly.

    Solution.
    Allow people to make a list of things to buy and buy them.

    I can't think of another solution to that. And that solution is pretty much a shopping cart. If somebody was giving a question and came up with a truely original idea that no one else had thought of having had the same question given to them. That idea should be patentable. But, if there's only about one solution which isn't hard to find. The idea of even spending any time thinking about issuing a patent is a waste.

    --

    It is no longer uncommon to be uncommon.
    1. Re:Patentablillity by Wolfbone · · Score: 4, Insightful

      "If somebody was giving a question and came up with a truely original idea that no one else had thought of having had the same question given to them. That idea should be patentable."

      Well that would be just marvellous wouldn't it?

      1) Lawyer/amateur coder A has good idea for e-commerce software: Widget X, patents it, Returns to lawyering, hoping to cash in if anyone actually writes the Widget X software.

      2) Student/amateur coder B thinks of clever way around Lawyer A's patent. Patents it.

      3) Porn baron/amateur coder C discovers method of avoiding both A and B patents. Patents it.

      4) Web designer/amateur coder D....

      5) Large software company E hires one software patent expert per programmer to ensure nothing is missed and nothing is not patented.

      6) Database designer F informs government that patent database is too large to be contained in any Earth based installation.

      7) Professional coder G, with the assistance of his company's lawyer horde, searches the Lunar patent database in vain - looking for something, anything that isn't already patented. Gives up. Joins the Army. Company folds.

      8) Free software coder H releases version 2.2 of his widely used package X-Tribble which contains an implementation of Widget X - and has done since before Lawyer A was born.

      9) PanIP buys up all Widget X related patents, threatens X-Tribble, X-Tribble project is shut down.

      Patents are for protecting innovators be they individuals or companies who put a great deal of time, money and effort into designing, testing and building material objects that they hope the consumer will want to buy. They're for protecting those who've already spent a lot of money on getting a prototype working and because they or someone else will need to spend yet more on the manufacturing of it. Patents are designed to ensure that the patentee can expect reasonable recompense for his efforts and contributions to society.

      Patents were not designed so that people could cash in on abstract ideas that others can and will have independently and need never actually do anything with anyway.

      Patents are not supposed to be granted in order that idle patentees can exact a tax from those that actually do put in the work of building a complete, working product.

      They are not supposed to work so that transient monopolies can be transformed into permanent monopolies by deploying yet more patents designed to block interoperability.

      Historically at least, the patent system did not exist in order that the patent-wealthy could bully the patent-poor into handing over what little they may already have had.

      It did not exist to ensure that only the largest companies could afford the licensing of the myriad patents necessary to produce products of any size or sophistication and at the same time destroy the rights of everyone else to engage in the arts,sciences and free communication of ideas.

      The fully fledged software application that actually does require all the time, expense and effort to create is and always has been, protected by copyright. Software patents are insane, in concept aswell as in practice.

  16. Re:MOD PARENT UP! by darnok · · Score: 4, Insightful

    Agreed - but I'd make IT patents 2-3 years only. The rate of change and innovation in IT is such that locking up obvious or near-obvious patents for extended periods is a big drain on society.

    When was the last time a *software* patent was granted for something that is truly innovative? More than just about any industry, we take what already exists, extend it, then extend it again - each step has relatively little change, but cumulatively the rate of enhancement is huge. On that basis alone, I'd say software patents are a stupid idea - very little software development is truly innovative, and patenting it simply breaks the cycle of constant improvement.

  17. Counter productive? by superskippy · · Score: 5, Insightful

    Does anyone else think all of this patent-busting might be counter productive? The real goal is surely that no one can own patents on this rubbish (software, websites etc.)- prior art or no prior art. If these rather ridiculous patents are thrown out, doesn't that strengthen the argument of those who say- "Software patents do work! Here are some bad patents and, look, they were thrown out! The system heals itself. Lets have lots more patents"