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Apple Files Patent for Translucent Windows

jpkunst writes "John Kheit at Mac Observer reports on US Patent Application No. 20040090467, published on May 13, 2004, in which Apple filed a patent application for 'Graduated visual and manipulative translucency for windows.'" Begin the hunt for prior art! It's a challenge to find a non-Apple translucent window that isn't just a snippet of desktop wallpaper pasted in the background.

845 comments

  1. Software patents are evil by Cyberllama · · Score: 5, Insightful

    Or are we all going to change our stance because its Apple?

    It'll be interesting to see how the opinions on Slashdot differ from if any other company tried this sort of garbage.

    1. Re:Software patents are evil by Anonymous Coward · · Score: 5, Insightful

      It's sad that the world's coming to all these patents but if Apple doesn't patent this some other company might. Given Apple's involment in the open source community with Darwin, http://www.opensource.apple.com/ , I would rather see them with a patent for this than some company based on patents only.

    2. Re:Software patents are evil by segfault_0 · · Score: 4, Insightful

      Nope its still bad.

      I can understand why though, without their GUI to set them apart what do they really have to offer? With Linux making some slight headway into the desktop market, and appearing to be ready to take up Microsoft slack if and when it appears, Apple will be hard pressed over the next few years to solidify their stance on such issues as much as possible.

      Not to mention that Microsoft will patent everything if Apple doesn't. Are they competeing with software or patent portfolios... or is there a difference these days?

      --

      I was crazy back when being crazy really meant something. (Charles Manson)
    3. Re:Software patents are evil by NiTr|c · · Score: 1

      No, I still think software patents are evil AND stupid. It doesn't matter who's filing them.

      --
      Try actually thinking for yourself. It's quite refreshing.
    4. Re:Software patents are evil by Anonymous Coward · · Score: 4, Insightful

      It's sad that the world's coming to all these patents but if Apple doesn't patent this some other company might.

      No, that's a mistake a lot of people make. If Apple really did do it first then no one else can patent it anyway (prior art).

      The whole idea of patenting software (especially "look and feel" shit) is retarded.

    5. Re:Software patents are evil by Anonymous Coward · · Score: 1, Funny

      "Or are we all going to change our stance because its Apple?"

      I don't really like Apple... so... 'No'.

    6. Re:Software patents are evil by Raven42rac · · Score: 4, Insightful

      I love Apple. But come the hell on, a patent on transparency? Why not a patent on the one-button mouse? Or little jewel looking buttons. Isn't imitation the sincerest form of flattery? I, for one, would think I was doing something right if someone emulated a design I made. This is not a fundamental part of the OS or anything, so I think it is a waste of time. If all these companies would stop worrying about patenting buttons or hyperlinks or transparent windows, the computing world would be a better place. This post was written on a 12" PB G4 1GHZ, so I am no Apple basher.

      --
      I hate sigs.
    7. Re:Software patents are evil by onlyOOD · · Score: 1

      Software patents in and of themselves are not evil. It is the malicious use of them and blatent disregard of prior art that makes them evil.

    8. Re:Software patents are evil by Xhad · · Score: 2, Insightful

      Isn't imitation the sincerest form of flattery? Isn't the purpose of a business to make money, not compliments?

    9. Re:Software patents are evil by roady · · Score: 5, Interesting
      If Apple really did do it first then no one else can patent it anyway (prior art).

      This is not true.

      The proof being that it it was, we wouldn't be looking for prior art in the first place. Don't expect the guys at the patent office to do it correctly.

      That said, it is far easier to get a patent than trying to fight somebody suing you for patent infringement and trying to prove you have prior art.

    10. Re:Software patents are evil by Xhad · · Score: 5, Interesting
      No, that's a mistake a lot of people make. If Apple really did do it first then no one else can patent it anyway (prior art).

      Ideally, that's what's supposed to happen. In the real world, someone might get a patent passed even if they're not legally entitled to it, then force Apple into a litigation battle to prove prior art that will cost them money whether they win or lose...whereas if they get the "defensive" patent, they can simply say, "We patented this too, and we patented it first," which is simpler.

    11. Re:Software patents are evil by Raven42rac · · Score: 1

      Yes, it is, but useless patents just waste the time of everyone involved. The lawyers could be working on bringing the iTMS to Europe, or some other project that is more likely to make money.

      --
      I hate sigs.
    12. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Look at this screenshot, and this video. He is only playing with shaped windows but you can see through them.

    13. Re:Software patents are evil by eclectic4 · · Score: 0, Flamebait

      No kidding. The beleaguered Apple Inc. is nearly completing it's 30 year death plan.

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    14. Re:Software patents are evil by chthon · · Score: 1

      Yeah, next step : M$ patents glass!

    15. Re:Software patents are evil by Hungus · · Score: 2, Insightful

      I can garauntee you that where lawyers are concerned the lawyers that could work on iTMS Europe are completely different from the ones that would file US Patents. Your's is a very common mistake for people to make when looking at things from the outside. A similar example would be along the lines of this:
      A trade show structure company has a stainless steel 100 ft tall load bearing structure it needs to weld. This project will take 300 man hours and the company is behind schedule. Since one man hour == one man hour and the IT department has finished their projects for the week lets move 8 of them to the stailess steel project for Thursday and Friday and they can do 128 Man hours of work on it right? Wrong, of course stainless steel welding takes special training and the mistakes the IT team would most likely make would put the project further behind. In the same way European Business and IP lawyers have very different training, experience and practices than US IP/Patent lawyers.

      --
      Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    16. Re:Software patents are evil by segfault_0 · · Score: 1

      As far as im concerned it isnt that Linux isnt making the right moves towards the desktop, Microsoft just isnt giving up market share. The incumbant, just like in politics, is often difficult to dethrone.

      IBM's new office package releases, Suns investments in Java Desktop (gnome based), and the rate at which linux desktops are improving i think reinforces the idea of linux picking up the slack.

      I cant find it after much searching but there was an slashdot story on how Microsoft has dropped to 92% market share and how surprisingly linux was taking up the slack and not MacOS - the article i believe blamed this on a late release date for Longhorn.

      --

      I was crazy back when being crazy really meant something. (Charles Manson)
    17. Re:Software patents are evil by glenalec · · Score: 1

      I dislike Apple more than I dislike Microsoft. Possibly because I have never had a strong attachment to MS, but used to love Apple to bits and there is no fury like a zealot betrayed.

      Many Apple products are still very good. But I wouldn't trust the company, and particularly Jobs, any further than I could kick them up a chimney.

      Personal opinion of course.

      --
      The man with no surname and a silly hat

      On the universe: It's bunk.
    18. Re:Software patents are evil by BasilBrush · · Score: 4, Insightful
      But come the hell on, a patent on transparency?

      RTFP, it's only one click away. The patent isn't on transparency per se, but on a new for of GUI interaction which uses transparency. It does look original. I've certainly never seen any prior art for it.

    19. Re:Software patents are evil by Erore · · Score: 5, Insightful

      I'll preface this by saying I really know nothing much about patents or patent litigation.

      But, if company X really wanted to get a patent for defensive reasons, then why not get the patent through a shell company whose sole purpose is to hold patents neutrally.

      I mean, we could have a company called Openpatents. Apple, IBM, Sun, Microsoft, and so on could file for patents through this organization and the organization would be patent holders. The charter of the organization would be to make sure that the ideas of these patents remain open and freely available to everyone. They will "fight" against other companies that try to create infringing patents, but they don't care if anyone else uses the actuall techonology.

      So, a company like Apple, in the case of this translucent window thing could file for the patent through Openpatents. By doing so we would all know that they don't intend to be evil b*stards with th e patent, instead they just want to make sure they don't get screwed when Microsoft files the patent next year.

      If Apple files the patent through the regular process, then we know that they are reserving the right to sue people latter on who try to impinge upon the patent.

    20. Re:Software patents are evil by gumbi+west · · Score: 1
      without their GUI to set them apart what do they really have to offer?
      What ever they put in their GUI since everybody copied what they last put in their last GUI. No, really, that's the pattern.
    21. Re:Software patents are evil by Zeinfeld · · Score: 1, Informative
      It's sad that the world's coming to all these patents but if Apple doesn't patent this some other company might

      Some history here - Apple spent years suing anyone who copied the same GUI interface they stole from Xerox. If you are upset that there is no alternative to Windows blame apple. They killed GEM with a malicious and totaly unwarranted lawsuit.

      Early on the FSF used to picket Apple over this.

      Apple gets a free ride in the open source community despite being by far the most aggressive enforcer of bogus patents amongst the major computer companies.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    22. Re:Software patents are evil by onlyOOD · · Score: 1

      Since WHEN has prior art stopped any company from patenting something?!?!?! Although it is *supposed* to, it does not.

    23. Re:Software patents are evil by AndyElf · · Score: 4, Informative

      Get it straight -- Xerox interface was not stolen. I'd suspect that if it were, Xerox would have long-long time ago sued anyone trying to implement WIMP.

      --

      --AP
    24. Re:Software patents are evil by MasTRE · · Score: 1

      > Or are we all going to change our stance because its Apple?

      There you go again, making assumptions. There are those of us who despise Apple, you know.

      --
      Must-not-watch TV!
    25. Re:Software patents are evil by Baki · · Score: 1

      In fact Apple is the company "we" have always had problems with. The FSF, for a long time, has Apple because of their "look & feel" lawsuits.

      One might say Apple has invented the concept of software patents, and thus has been one of the few companies to have been boycotted by the free software community; this in contrast to MSFT, of which one may say many bad things but not (yet) that they have been using patents in evil ways.

      Even though the boycott ended in 1995, I have always remained very suspicious w.r.t. Apple, and once more they affirm their "culture".

    26. Re:Software patents are evil by Baki · · Score: 0, Redundant

      In fact Apple is the company "we" have always had problems with. The FSF, for a long time, has boycotted Apple because of their "look & feel" lawsuits.

      One might say Apple has invented the concept of software patents, and thus has been one of the few companies to have been boycotted by the free software community; this in contrast to MSFT, of which one may say many bad things but not (yet) that they have been using patents in evil ways.

      Even though the boycott ended in 1995, I have always remained very suspicious w.r.t. Apple, and once more they affirm their "culture".

    27. Re:Software patents are evil by the_Bionic_lemming · · Score: 0, Troll

      RTFP, it's only one click away. The patent isn't on transparency per se, but on a new for of GUI interaction which uses transparency. It does look original. I've certainly never seen any prior art for it.



      I've had the ability to make trqanslucent window forms ever since VB.Net rolled out. I wrote a "hello World" app that was a calculator that you could see thru just to check out the "whistles and bells".

      So - if all else fails - I'll send them the source and show them prior art. ;)

      --
      _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    28. Re:Software patents are evil by BasilBrush · · Score: 1

      How many more times? RTFP! This patent IS NOT ON TRANSLUCENT WINDOWS. I just said as much in the post you are replying to.

    29. Re:Software patents are evil by tomstdenis · · Score: 1

      It may be specifically different lawyers but the money comes from the same place.

      Instead of spending that million or two on suing people over aqua like desktops [etc] they could spend that million or two giving more resources to research and development or the iTMS lawyers...

      Tom

      --
      Someday, I'll have a real sig.
    30. Re:Software patents are evil by Theatetus · · Score: 1
      Software patents in and of themselves are not evil.

      Yes, they are. Software is no more the appropriate subject of a patent than a novel or painting is.

      OK, maybe not "evil", but stupid and contrary to the point of patents. Patents are for widgets and doohickii, not ideas.

      Look: ultimately, you can reduce (programatically, without any human creativity involved) any software program to a lambda calculus expression. A lambda calculus expression is just math. You can't patent math.

      --
      All's true that is mistrusted
    31. Re:Software patents are evil by Breakfast+Pants · · Score: 1

      If someone sues you and you don't lose, they pay your legal fees. If they offer you a reasonable settlement and you instead go to court and you lose, you pay their legal fees. So it doesn't exactly "cost them money whether they win or lose." If they win it doesn't cost them anything.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    32. Re:Software patents are evil by AmericanInKiev · · Score: 4, Informative

      What is stupid is failing to realize that computers are just another medium, and that "fading one image into aother image" has been a common practice since the first slide projector was built.

      Having experimented with every imaginable transition, I would suggest that none is so natural as the gentle fade. Perhaps because it mimics to some extent the sliding of the sun behind a cloud - thus "fading one scene into another" naturally.

      From this shared experience we project "fading" into amorphic examples "Summer fading into fall".
      "Love fading", fading youth etc.

      But the quintessential fade - I believe is caused by the sun passing behind a cloud - that noticible relief - or some times chill and the effect it has on the emotions as a result of frequency of the change relative to the bodies ability to accomodiate change without notice has this marked effect which we cary into our language and seek to replicate in the virtuality of the computer.

      AIK

    33. Re:Software patents are evil by kalidasa · · Score: 5, Insightful

      Because Openpatents wouldn't have done the work. Sure, you could file for the patents on your own behalf and then *transfer* them to such an organization, but Openpatents wouldn't have standing to file the patent itself.

    34. Re:Software patents are evil by Anne+Thwacks · · Score: 2, Interesting
      If Apple really did do it first then no one else can patent it anyway

      Well, NO if they did, they would have had to do it before 1990, when I saw it done by people working at Cambridge University Maths Lab, and whoever did do it first, the patent would have run out by now.

      --
      Sent from my ASR33 using ASCII
    35. Re:Software patents are evil by blkmagic · · Score: 1

      I'm not sure that Apple did it first. Isn't AfterStep prior art? I believe they had translucent windows, but they weren't dynamic as Apple's are.

    36. Re:Software patents are evil by Anonymous Coward · · Score: 0

      And where would they get that million or two if everybody and his brother were grabbing their ideas and floating half-baked versions on Windows?

    37. Re:Software patents are evil by doctorfaustus · · Score: 5, Informative

      If someone sues you and you don't lose, they pay your legal fees. If they offer you a reasonable settlement and you instead go to court and you lose, you pay their legal fees. So it doesn't exactly "cost them money whether they win or lose." If they win it doesn't cost them anything.

      This is just incorrect in the United States. Absent some special statutory rule, each party pays its own fees, win or lose. This is called the American Rule.

    38. Re:Software patents are evil by MyDixieWrecked · · Score: 3, Informative
      I believe you can request a patent anonymously, which is precisely that.

      I remember there being an article about a pharmecudical (yeah, I can't spell) company that got one for some treatment so that no one else would be able to patent it and it would be openly available and published.

      --



      ...spike
      Ewwwwww, coconut...
    39. Re:Software patents are evil by tomstdenis · · Score: 1

      By selling a better product and gaining peoples respect and trust. What a fucking idea.

      For instance, when I first got into the PC scene with my own computer [around 98'] I bought random socket 7 boards, socket A boards, etc... I learned that ECS and such companies make shit products and ASUS boards are always of high quality [never had to take one back and never had any serious trouble upgrading cpu/ram].

      I just recently bought a P4 system and specifically asked for an Asus motherboard.

      I didn't buy the ASUS board because they have easily copyable features like built-in flash, stepless overclocking, good thermal protection. I'm sure Abit, GB and ECS have similar functionality and are probably cheaper [though this board P4P800S only cost me 110$ CDN]. I bought the ASUS board because I'm a loyal and happy ASUS mobo user.

      I'll buy an apple when they offer something I need and can't get from an x86/Linux. I wouldn't buy an apple just because it has an aqua desktop theme or crappy puck-mice or etc...

      And I'm sure many others think similar to me [or reasonably close]. So if Apple is wondering why sales are slow [though I doubt they're hurting] it's because they [for all intents and purposes] sell over priced PCs.

      Generally the "quality" argument I'd say is true but you just have to be smart about it. Avoid companies that make total trash hardware [ECS for instance]. x86 boxes are not that "unreliable" as to make the cost difference that meaningful. For instance, all in all my current box [512MB DDR400, P4 2.8Ghz, MSI ti200 128MB, 80GB maxtor IDE, LG CDRW/DVD, case, 450W PSU, sound card, tv tuner, 17" monitor] would cost retail about 1300$ CDN.

      A PowerMac G4 costs 1299$ USD from the apple store. I doubt a 1.25Ghz G4 is as fast as a 2.8Ghz P4 [even given the shorter pipeline]. The next step up G5 costs 1700$ USD [roughly 2400$ CDN].

      So is it worth spending 1100$ CDN more "just because" it's a mac? No, not really. And that's the most likely reason why Apple sales suck. Not because somebody made an Aqua theme for KDE.

      Tom

      --
      Someday, I'll have a real sig.
    40. Re:Software patents are evil by Afrosheen · · Score: 1

      -1 Uninformed. When it comes to lawsuits in the US, when one entity files a claim (case) against another entity, they can request in their claim that the other party, upon losing the case, is responsible for any and all attorney fees, misc. costs associated with the filing, etc. Both parties do this. Therefore, both attorneys fight hard to get their money for themselves and their clients.

      Some attorneys don't charge their clients any money at all. Their money comes solely from winning the case.

    41. Re:Software patents are evil by doctorfaustus · · Score: 5, Informative

      Just to state the above cited rule with a ittle more precision, thanks to http://www.tms.org/pubs/journals/JOM/matters/matte rs-9201.html ...

      "Under the U.S. legal system, each side pays their own attorney's fees, win or lose, unless there is a specific statutory provision for the recovery of such fees. The patent law includes such a provision, but it only authorizes the award at the discretion of the court or arbitrator in exceptional circumstances of the type which justify an increase in damages.

      "On the other hand, the patent law also provides that the accused infringer may be entitled to attorney's fees under exceptional circumstances, such as when the patent was procured by fraud or the infringement suit was brought or prosecuted in bad faith."

    42. Re:Software patents are evil by jkabbe · · Score: 4, Informative

      1. It wasn't stolen. How many times does this have to be corrected before people actually pay attention?

      2. It was a look-and-feel issue (basically, trademark). No patents were involved.

    43. Re:Software patents are evil by Anonymous Coward · · Score: 0

      umm no - outside unusual circumstances, in the US loser does not pay. Many times even in frivolous lawsuits. As my liberal law professors all taught me, that would keep poor people from being able to sue. And as all my trial lawyer friends tell me, that would keep them from being able to cook up lawsuits as well.

      They make money on a cut of the award, not on the fees themselves. It is a great system - like a lottery. And in certain parts of the country like Southeast Texas and Mississippi, that's exactly what it is. Find a person, file a lawsuit, get a bunch of local rednecks and tell them they are "sticking it" to big business. It's really quite brilliant, until, like Mississippi, you start to run out of doctors to sue because they all leave your godforsaken state.

      That's the beauty of class action suits as well. For example, I got a 10 dollar coupon from Westin hotels. Someone (probably a relative of the lawyers) in California sued because there was a 1 dollar fee on their hotel bill for a power surcharge. They paid the bill, then filed a class action suit. Result - lawyers get several million in fees, I get a 10 dollar coupon, and Westin increases the charge for a hotel room to make up for it.

    44. Re:Software patents are evil by Anonymous Coward · · Score: 0

      The whole idea of patenting software (especially "look and feel" shit) is retarded.

      This obviously is coming from someone who has never, ever designed a complex look and feel.

    45. Re:Software patents are evil by Jeremiah+Cornelius · · Score: 1
      C'mon! Mod the Parent +1 FUNNY.

      Anybody who thought this was really FLAMEBAIT is impaired.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    46. Re:Software patents are evil by IdleTime · · Score: 1

      I hope Apple get this patent since it means I, as a non-Apple user, will never have to use this totally useless feature again

      Apple is just as evil as MS, but for some reasons, your average geek drinks all Apple pours out without any questioning.

      And I have karma to burn, so let my burning at the stakes begin for my heresay!

      --
      If you mod me down, I *will* introduce you to my sister!
    47. Re:Software patents are evil by bhtooefr · · Score: 1

      Well, a GPL project could file it (although I don't think it would quite work, so it would be Microsoft to file it):

      http://home.insightbb.com/~ryanvm/tinyutilities/ vi trite/shot1.png

    48. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Mods, you mistook trolling for insight.

    49. Re:Software patents are evil by Anonymous Coward · · Score: 5, Interesting
      But, if company X really wanted to get a patent for defensive reasons, then why not get the patent through a shell company whose sole purpose is to hold patents neutrally.

      I mean, we could have a company called Openpatents.

      What you do instead is to publish your invention. That way, you don't have to pay the fees to the patent office or to the specialists who typically write the acual prose of the application; but nobody else can patent it.

      (Yes, I have invented things and had US patents issued for them. I have also published some inventions.)

    50. Re:Software patents are evil by dead+sun · · Score: 2, Insightful
      Like the virtual desktops right? Oh wait, you have to add those in to Mac OS and to Windows if you want them. Yet I'd wager they're the thing I love the absolute most about using X. They're just there, I can make as many as I want, and I don't have to run some crippled power toy version or some third party app to get them.

      Don't forget the awesome multiple mouse button support that everybody keeps stealing from Mac OS too. Why, without Mac OS we'd never have context menus so easily accessible by just a right mouse click. Oh, you can't just click a single button without holding it down for a second or two to get those in Mac OS? Crap, another feature that's up on my most used list that didn't come from Apple. Actually, you should be able to now, finally. Just buy a new mouse. And you might have to configure things. But with Job's fantasy that two buttons are too difficult to grasp (though I've provided support for people who fit that categorization) it certainly didn't originate at Apple.

      Wait, another great idea that came out of Apple, lets drag disks to the trash to eject them. I'm so happy that other GUIs have copied that too. Wait, they haven't because it's rediculously insane.

      See the trend here? Not all good ideas have come from Apple and not all of Apple's ideas are good. Sure, there's some stuff that's been moved from Mac OS into other GUIs, but Apple is by no means the pinnacle of GUI goodness. So no, it isn't really the trend and good ideas can come from anywhere, just like bad ideas. It's an evolution of systems where the best parts eventually end up everywhere, even if it's through some third party app.

      And who the hell cares about window transparency besides the cool factor it adds? Yes, I make my terminals transparent, but for the look. Has anybody ever implemented a transparent window that actually did something useful? Is this something that really needs to be covered by patent? If it's "stolen" will it devalue Mac OS so much? Seriously, please let me know what makes window transparency so useful apart from gratuitous glitter to sucker people in as a selling point.

      It's also an assinine point to argue that it isn't an intuitive idea to make a window transparent if you really think about it. Do you have opaque windows in your home? Where does the term originate?

      --
      If not now, when?
    51. Re:Software patents are evil by the_Bionic_lemming · · Score: 0, Troll

      Graphic Users Interface that incorporates translucency.

      Gosh the Mac zealots are out in force - A "Troll" for speaking about .Net? Who'd of thunk it? ;)

      --
      _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    52. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Interesting point, because the whole PC Clone "ecosystem" is held together by patent licencing. It would be impossible for ASUS to exist without Intel/AMD offering their patents and technology to third parties. Hell, even IBM probably still gets their cut from basic 1980s PC tech.

    53. Re:Software patents are evil by TheLink · · Score: 1

      Patent shouldn't have been awarded anyway. And prior art is not necessary. It falls under obvious.

      Any person skilled in fields related to windows would know that translucent or even transparent windows are an obvious or even necessary improvement.

      Doh.

      --
    54. Re:Software patents are evil by Anonymous Coward · · Score: 0

      ASUS could exist just fine if it didn't have to license the patents in the first places. One of the developments of the 20th century was the science of reverse engineering. Any argument that patents are to "encourage disclosure" is worthless, because we don't need disclosure anymore, since we know how to reverse engineer nowadays - patents were conceived at a time when inventors were releasing things without documenting how they worked, and reverse engineering came down to "hit it with a wrench".

    55. Re:Software patents are evil by vontrotsky · · Score: 1

      Defensive patents on foo are not used exclusively stop another company from claiming ownership of foo. Rather they defend against trivial infringment claims on bar and baz. I won't sue you over the trivial pattents I hold, to prevent you from suing me over the trival pattents you hold. It's kina like MAD. Jeff

    56. Re:Software patents are evil by Anonymous Coward · · Score: 0

      It wasn't exactly stolen, but it was definitely "inspired" by Xerox. Most open information people don't object to that, they're in favour of a right-to-copy instead of copyright - what they object to is the hypocrisy of Apple copying then saying "no one else can copy us". It's like a chimp seeing another chimp get termites from an ant nest, doing it himself, but then beating up any other chimps who dare to. Copyright and patents are about CONTROL OVER OTHER PEOPLE. They're dressed up in pretty words, but they are basically anti-freedom. Why the hell should you have a right to stop me applying some knowledge I have gained (patent), or telling my friends something (copyright)?

    57. Re:Software patents are evil by Anonymous Coward · · Score: 0

      spoken as a true nerd. would you say the same for an automobile? don't be a dickhead

    58. Re:Software patents are evil by Locutus · · Score: 1

      I don't get the feeling this is really THAT far away from applications which used color or numbers to display status of a particular event. Kinda like the old SmartMoney MarketMap applet(defunct:http://www.smartmoney.com/marketmap /marketmap.html).There, the stock market data/status was displayed as colored and sized boxes where the color would change based on the sectors changing value and the size of the box represented the changing market cap of the sector. Apple is just changing the visual representation from color/size to window transparency. Interesting but not new.

      IMO, this isn't something really new since many many applications displayed changing data and it's properties visually years and years ago. Using fading windows is interesting but should not be patentable IMO.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    59. Re:Software patents are evil by Locutus · · Score: 1

      it's about transucent windows which change translucency based on the window contents age/status. Not just translucent windows.

      People need to learn to read patent applications for their UNIQUE( or perceived unique ) features. After all, this is why the patent is typically being filed.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    60. Re:Software patents are evil by cpt+kangarooski · · Score: 1

      But with Job's fantasy that two buttons are too difficult to grasp

      That was Jef Raskin. And given the way that people had struggled with the three button mice of the Alto, he wasn't far off. Certainly the idea of contextual menus hadn't arisen at that time AFAIK. So what would you have wanted him to do with the extra button? It didn't even have any real purpose in Windows until 1995, IIRC.

      Wait, another great idea that came out of Apple, lets drag disks to the trash to eject them. I'm so happy that other GUIs have copied that too. Wait, they haven't because it's rediculously insane.

      What's insane about it?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    61. Re:Software patents are evil by jkabbe · · Score: 4, Informative

      Well, NO if they did, they would have had to do it before 1990, when I saw it done by people working at Cambridge University Maths Lab, and whoever did do it first, the patent would have run out by now.

      If you invent something and keep it secret but do not follow through on the invention by publishing it or selling it (or otherwise making it public) or file for a patent you have abandoned your invention. Someone who comes along later and invents the same thing is entitled to a patent on that invention.

      The lesson is, if you invent something and don't want a patent you have to publish.

    62. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Repeat after me -- RI diculous.

    63. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Beautiful man, just beautiful. Hey! Stop hogging the spliff, spread the love around man!!

    64. Re:Software patents are evil by Anonymous Coward · · Score: 1, Funny
      ....ago sued anyone trying to implement WIMP.

      Then most of the slashdot crowd would have been served papers.

    65. Re:Software patents are evil by NEOtaku17 · · Score: 1

      So who exactly would pay this "Openpatents" company?

    66. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Like the virtual desktops right? Oh wait, you have to add those in to Mac OS and to Windows if you want them. Yet I'd wager they're the thing I love the absolute most about using X. They're just there, I can make as many as I want, and I don't have to run some crippled power toy version or some third party app to get them.

      So you like virtual desktops - fine. Apple doesn't. I don't either for that matter. Honestly, I know people coming from Linux want virtual desktops in OS X to begin with, but once you've used it for a while you realise they won't really fit in.

      Don't forget the awesome multiple mouse button support that everybody keeps stealing from Mac OS too. Why, without Mac OS we'd never have context menus so easily accessible by just a right mouse click. Oh, you can't just click a single button without holding it down for a second or two to get those in Mac OS? Crap, another feature that's up on my most used list that didn't come from Apple. Actually, you should be able to now, finally. Just buy a new mouse. And you might have to configure things. But with Job's fantasy that two buttons are too difficult to grasp (though I've provided support for people who fit that categorization) it certainly didn't originate at Apple.

      You're making stuff up now. If I want to do right click without using a modifier key (ctrl) I just need to plug in a mouse with >1 button. No configuration is necessary. It's pretty obvious to me you haven't used a Mac for a while.

      Wait, another great idea that came out of Apple, lets drag disks to the trash to eject them. I'm so happy that other GUIs have copied that too. Wait, they haven't because it's rediculously insane.

      Again, you're citing design issues that were abandoned in 2001. Shall I start picking holes in Gnome & KDE circa 2001?

      See the trend here? Not all good ideas have come from Apple and not all of Apple's ideas are good. Sure, there's some stuff that's been moved from Mac OS into other GUIs, but Apple is by no means the pinnacle of GUI goodness. So no, it isn't really the trend and good ideas can come from anywhere, just like bad ideas. It's an evolution of systems where the best parts eventually end up everywhere, even if it's through some third party app.

      You're quite right, not all good ideas have come from Apple. However, many of us feel that they are the one company that tends to get it right more often than not when it comes to UI. Entirely subjective, of course.

      And who the hell cares about window transparency besides the cool factor it adds? Yes, I make my terminals transparent, but for the look. Has anybody ever implemented a transparent window that actually did something useful? Is this something that really needs to be covered by patent? If it's "stolen" will it devalue Mac OS so much? Seriously, please let me know what makes window transparency so useful apart from gratuitous glitter to sucker people in as a selling point.

      Transparency can be useful when it's used for something other than the gee whiz effect. My terminal here on my iBook is translucent. Since it has a small screen, if I have a browser open the terminal often overlaps. In that situation it's useful to be able to read the web page below my terminal if I'm following instructions, for example.

    67. Re:Software patents are evil by Pembers · · Score: 2, Insightful

      An interesting idea, but how would you make sure that $evil_mega_corp couldn't buy Openpatents and then start suing the world and his dog for infringing on those patents that they'd donated in good faith?

      Another reply says you should just publish what you would otherwise patent defensively, because it still counts as prior art, and then no-one can patent it. But that assumes that the Patent Office actually searches for prior art before granting a patent. If they did that, or did it properly, Openpatents would be unnecessary.

    68. Re:Software patents are evil by weileong · · Score: 1

      But with Job's fantasy that two buttons are too difficult to grasp (though I've provided support for people who fit that categorization) it certainly didn't originate at Apple.

      Personally, I always look at it the way I look at the Windows key on keyboards. How hard is it, really, to use Ctrl-Esc to get the Start menu to pop up? Why is the windows key necessary at all? I mean, IBM ThinkPads *don't* have the Windows key, and they do fine(*) - I personally think they are the finest x86 laptops out in the market, and it'd be a very very strange person who goes "What?! No Windows key on the keyboard?! I'm not buying it".

      (*) Does anyone know if any of the ThinkPad design team people, say, used to be, I dunno, on the OS/2 team or otherwise have a major grudge against Microsoft? :-)

    69. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Apple doing gay shit like this is the reason why Richard (god) Stallman hates apple.

    70. Re:Software patents are evil by danielsfca2 · · Score: 1

      Oh, you can't just click a single button without holding it down for a second or two to get those in Mac OS [X]?

      *sigh*

      Step one: Plug in any fucking two-button USB mouse on the market.
      Step two: Press the right mouse button.

      If you were trying to be accurate instead of disingenuous, you would have specified "you can't...with the OEM Apple mouse" since context menu support is built into Mac OS X, the product you seemed to be referring to. Instead you blamed the hardware shortcoming (in your opinion) on the software. Which is what this thread is about. Software.

      Oh, and "click-and-hold" never really caught on and it's only implemented in a few places--Dock icons being the only one I can think of at the moment. Normally Mac users with OEM mice use the Ctrl-click method to bring up the context menu.

      What's funny, though, is that since I switched (I'm using my same Logitech from my PC) I rarely find the need to "right-click." Mac OS X just doesn't require you to use that. Ever. For most things, keyboard shortcuts are just better. Most Windows users use right-click to rename files (F2 on Windows or "Return" on Mac), change the desktop background (which there are a million ways to do), and delete files (Del on Windows, Cmd+Delete on Mac). Just as an amusing sidenote, my father (on Windows) uses the right button for everything. Even opening a file or program. Right-click, Open. Right-click, Open. Drives me insane.

      What I do miss about the multi-button mouse when I'm using an OEM Apple mouse is just the wheel*.
      :-D

      *...support for which is also built into Mac OS X.

    71. Re:Software patents are evil by Tony+Hoyle · · Score: 1

      Dragging the drive to the trashcan implies throwing it away. To a new user scared of losing their files it's an insane way to tell them to eject a disk.

    72. Re:Software patents are evil by dead+sun · · Score: 1
      I was really making a point (which I think you agreed on) that there were good ideas from outside of Apple as well as from Apple, and also bad ideas from Apple as well. I was mainly trying to point out that there isn't this big bad conspiracy to steal everything Apple ever did as the person I was originally replying to seemed to be implying.

      But for your points:

      I don't care if Apple doesn't like virtual desktops, the seperation of context they provide pretty much makes them the best thing ever for a GUI as far as I'm concerned. I can keep multiple different portions of a project I'm working on open and seperate with ease. In a single mode of thought like writing a paper they may not be necessary, but I've found them useful time and time again.

      The mouse comment is more to the point that the right click context menu which many love and cherish didn't come from Apple and they seem to maintain that a click-hold or option-click is good enough, despite adding multi-button support to the OS not all that long ago. Again, not really trying to say it's a problem now, but was in the past to go along with the point of not all good came from Apple.

      And the cd or disk to trash still existed in OS X last I checked, and I googled up this which seems to be dated 8/02 and gives dragging things to the trash as a valid eject mechanism. So 2001 wasn't the abandonment of that bad idea. But at least it changes to an eject sign now, so if you have the idea to put something in the trash you'll know it'll eject. So you don't have to resort to 2001 era Gnome or KDE, not that current generations are without problems. The biggest gripe I have is the lack of consistant context menus, especially cut/copy/paste not showing up in some applications even when text is selected.

      To get back to the real topic, the transparency, I've always found it difficult to either read the transparent window when the opacity is high or the underlying window when the opacity is low. It may be just my experience or preference, but switching back and forth or cutting and pasting has always yielded better results than transparent windows. This has been especially true for me when text collides. between the two windows. Regardless of whether it's found useful, I still have trouble thinking that it's patentable material.

      --
      If not now, when?
    73. Re:Software patents are evil by dead+sun · · Score: 1
      I think the Windows key was a pretty ill conceived idea, along with the context menu key. I never use them. The reason? I can't come up with an idea of where it'd take me less time to hit the windows key and navigate to the program I'd want to open on just the keyboard than it'd take to have my hand leave the keyboard, swing to the corner, hit the start button and find the program and move my hand back as the app starts.

      For the second button on a mouse arguement, it means some amount of trouble. Just surfing the web I can have a can of soda in my left hand and lean back and surf with the mouse in the right. This includes cutting and pasting as well as opening new windows or tabs with a single hand. Firefox under Linux (and maybe elsewhere) takes it up another notch by opening a background tab from a link with the middle button.

      At least with a Mac one can click and hold to get a context menu, but if I want to open a link for later perusal without interrupting what I'm reading now, that middle button hit is a lot nicer than doing a click, hold for a second, find open in new tab from the list, and going back to the page I was on.

      Besides, you can get a multi-button mouse that'll work fine with a Mac. My point was that the very useful idea of multi-button mice and thus right click context menus didn't come from Apple. I point this out as a means to explain that not all good design is "stolen" from Apple.

      As for IBM having a grudge against MS, that's certainly plausable, but I'd think that the laptop keyboard is already cluttered enough without having a pair of useless keys added in and that it was a design reason rather than a grudge.

      --
      If not now, when?
    74. Re:Software patents are evil by dead+sun · · Score: 1
      *sigh*

      I wasn't attempting to say you can't use a multi-button mouse in Mac OS. Hell, Maya requires 3 buttons and runs on Mac OS. It'd be pretty dumb to support that if you couldn't use a 3 button mouse, wouldn't it?

      For being accurate, I'm merely pointing out that the right click context menus, a good GUI bit, weren't generated out of Apple, as Apple was long resistant to multi-button mice. My point was that not everything that's good in a GUI is taken from Apple. Instead of latching onto "you can do this now!" focus on the point behind my post, not everything good in a GUI came from Apple. I'm not making a statement about hardware, it's about software, about GUI magic in particular, about the context menu.

      And the biggest reason I love multiple mouse buttons is ease in surfing. Look, I'm free to not touch the keyboard and can keep a beverage in my left hand, while opening new background tabs and the like with the middle mouse button.

      And just because most Windows users use context menus in inane ways doesn't mean they're without good use. If I have a hand on the mouse it's often faster to use the mouse driven context menu. If I'm renaming a file I'll use the shortcut since I'll have to type immediately afterwards anyway. They're there for efficiency for me.

      Still, all of that wasn't my point. I was just pointing to things that weren't "stolen" from Mac OS.

      --
      If not now, when?
    75. Re:Software patents are evil by shaitand · · Score: 1

      I wouldn't. Apple may have some darwin code out there but that is about the extent of it. Based on their past and continued behavior if Apple had been in a position to ride the x86 as Microsoft was we would have a far far wore dictator at the helm.

      I wouldn't trust apple for a second with this patent.

    76. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Prior art doesn't matter for this. It too obvious and that alone is a big legal basis to dismiss the patent.

    77. Re:Software patents are evil by Anonymous Coward · · Score: 0

      Who the fuck cares. Apple have stolen everything from unix for free. They are not the company to give something back. It's pretty fucking clear they want to compete in the leagal system rather tahn on features in the OS. Unix have given about 95% of what is MAC today. They are evil. Fuck you.

    78. Re:Software patents are evil by King_TJ · · Score: 1

      Nope.... as someone who rather likes my Apple systems, I still think this is total B.S. Apple is just as guilty as the rest of the corporations that want to throw everything at the patent office until some of it sticks.

      Unfortunately, it's utter insanity to suggest boycotting a product over this behavior - because doing so would mean you'd be a luddite, with practically nothing electronic in the household.

    79. Re:Software patents are evil by cpt+kangarooski · · Score: 1

      Well, that's why it was never designed to be the primary method of ejecting a disk. If you go back and look at the original System, dragging a disk to the trash doesn't even eject it. You have to use the Eject command in the File menu or O/S dialogs.

      Dragging a disk to the Trash to eject it didn't appear until System 2, and even then, it was not intended to be the primary method of doing so. The proper method was still to use the Eject command.

      However, it turned out to be such an amazingly convenient shortcut that it became commonplace. And frankly, I never saw one person that found it confusing when someone told them that they could do it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    80. Re:Software patents are evil by KrazzeeKooter · · Score: 1
      - a giant and ridiculous treatise and philosophical debate

      "In place of a Dark Lord, you would have a queen! Not dark, but beautiful and terrible as the dawn! Treacherous as the sea! Stronger than the foundations of the earth! All shall love me, and despair!"

      A fitting quote, from a fitting source, the Lord of the Rings, Two Towers movie. Not as good as that of the original words written by Tolkien, but good none the less.

      Tolkien was speaking of the ability of power to corrupt absolutely. Many have theorize that the ring represented the misplaced faith of man in the "wheels of industry" and the evils of industry. An observation by Tolkien during the industrial revolution? Truly the only thing greater than men's ability to create or seize power is our ability to abuse that power. The only thing that has changed is now we seek power not from industrial technology but information technology, and through the mechanisms of our great capitalist economy.

      I've been an avid apple / mac user since since the Apple IIc and yet I know the score. If Apple had as much power as Microsoft they'd be twice as evil. For the only thing more certain than the fact that corporations (and humans) seek out power is their willingness to abuse it.

      Make no mistake about it anti-competitive practices are anti-competitive practices. The real reason why no one gave a crap in the past is because Apple seemed irrelevant and small, but thank god the general population realizes even a relatively small company can be damage the public good and abuse law to enforce anti-competitive copyrights, patents, and trademarks.

      Not only does our government and law need to strike down monopolies like M$, but it needs to better scrutinize patents, trademarks and copyrights that create these monopolies and are used by them to stifle competition and innovation.

      --
      I am a monkey. This is slashdot.
    81. Re:Software patents are evil by Hungus · · Score: 1

      Ever hear of salaries? They are getting paid so they should work.

      --
      Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    82. Re:Software patents are evil by gumbi+west · · Score: 2, Informative
      I don't care if Apple doesn't like virtual desktops, the seperation of context they provide pretty much makes them the best thing ever for a GUI as far as I'm concerned. I can keep multiple different portions of a project I'm working on open and seperate with ease. In a single mode of thought like writing a paper they may not be necessary, but I've found them useful time and time again.
      You know what is suprising, when I used GNOME (RH 6.0 through 7.0) I loved multiple desktops to no end, it was why I moved from Win2k to linux. When OS X came out, I installed a multiple desktop utility very quickly and used it for a while. But as I became more familiar with the dock and OS X's brilliant maxamize that doesn't fill the whole frigging screen. The dock doesn't mix metaphors, when I close the last open window, the application stays loaded and in the dock--this is HUGE for ease of use. I stopped using the virtual desktop system extension entirely. Now I would say that both are very nice GUI tools, but I have a moderate preference for the OS X components.

      Oh, and about the mouse, here is what I like about Apple's OS design over windows: my 5 button trackball (plus 2 scroll clicks) just works, the driver is already in the OS. I don't see the problem with that. But I have to tell you that once a tech support person came to my office and couldn't figure out why it was working as she moved the trackball as if it was a mouse...

    83. Re:Software patents are evil by DWIM · · Score: 1
      2. It was a look-and-feel issue (basically, trademark). No patents were involved.
      You mean like the trashcan?
    84. Re:Software patents are evil by Grant_Watson · · Score: 1

      But, if company X really wanted to get a patent for defensive reasons, then why not get the patent through a shell company whose sole purpose is to hold patents neutrally.

      IANAL either.

      A defensive patent is meant to defend you from other claims. Let's say I come to you and say, "You're violating my patent on screw placement in widgets; now I will sue you." If you have a defensive patent on -- say -- breathing air, you can turn around and countersue me for breathing, even though you wouldn't have normally done so.

      It's not clear (to me, anyway) how this could work through a separate company or organization.

    85. Re:Software patents are evil by gumbi+west · · Score: 1
      Actually, your only points are that
      1. Not all good GUI ideas came from Apple
      2. Not all GUI ideas from Apple are good
      Hardly a contentious argument.
    86. Re:Software patents are evil by gui_tarzan2000 · · Score: 1
      This is all so silly. Those types of things are cute, but are time and performance wasters. Who cares if your windows gradually fade out? I turn all that crap off in every system I have that has anything like it because I don't need or want the bells and whistles in my operating systems to slow it down. Glitz and glamour is for people who don't like performance... :)

      Not to mention that things like this should never be patented. Software and/or parts of software similar to things like this can be developed by anyone who knows how to code and has an imagination. There are no "discoveries" to be made in existing code that won't be "discovered" by multiple people. I don't understand why people can't figure this out. There's nothing in code that one person can do that lots of others can't. The only factor is who did it first. And don't try to tell me that not allowing patents would stifle creativity - that's bunk. Creative people will create no matter what. They don't do it for the money, they do it because they can.

      Mod me down for being negative if you like, but you know I'm just stating the facts. If you don't agree, that's ok, but prove to me where I'm wrong, don't just flame me like an idiot.

      Sorry, I'm in a pissy mood today after dealing with idiots all week.

      --
      Have you hugged your penguin today?
    87. Re:Software patents are evil by Assembler · · Score: 1

      Problem is that patents cost $. If you are patenting something just so that everyone can use it, just create the prior art and you're done. No need to file for a patent unless you want to block specific entities from using the technology covered by your patent.

    88. Re:Software patents are evil by tomstdenis · · Score: 2, Interesting

      You missed my point though. As a customer I don't care if my cpu has NetBurst or that my ram has "pipeline burst" or that my sound card has a 96-bit DAC [well some would care about that... but...].

      I just care that it enables me todo what I do. In my case that's www+email+music+tv+games+develop+write.

      w.r.t. Apple's sales and technology I bought an x86 box because it's reliable enough for me to accomplish my goals, cheap enough to work in my budget and earned my respect through past observations.

      For me to buy a Mac there would have to be either something really compelling [e.g. x86 vendors dried up].

      Let's not forget that for the most part Apple doesn't make specific pieces of hardware. They buy their ram, cpus, mobos, etc from third parties just like Dell, Gateway and the other brands.

      Again, Apple didn't lose a sale because I can put the Aqua theme on my desktop, or that I can watch QT movies without buying QT but because their overpriced desktops are not worth the purchase.

      Put it another way, it's like if Pepsi doubled their price then blamed low sales on the fact that Coke copied their recipe.

      Tom

      --
      Someday, I'll have a real sig.
    89. Re:Software patents are evil by prash_n_rao · · Score: 1

      "defenive patents" is an oxymoron. Patents are never defensive. They give you an exclusive "right" to something.

      A well meaning company does defensive diclosures, not "defensive patents".

      --
      This is not my sig.
    90. Re:Software patents are evil by BasilBrush · · Score: 1
      You didn't get modded down because you spoke about .Net. You got modded down because you are an idiot who STILL hasn't read the patent. You think that the patent is on a "Graphic User Interface that incorporates translucecy. It isn't. Indeed the patent specifically recognises the pre-existance of those. This is for something new. You'll only find out what that is by actually reading the patent.

      The reason you got modded down specifically as a troll is that you are responding to a post that told you to go and read the patent, and you so obviously haven't.

    91. Re:Software patents are evil by BasilBrush · · Score: 1

      The patent isn't representing anything by the level of translucency apart from elaspsed time. The main novel part is the focus switching to the window below once a certain level of translucency has passed.

    92. Re:Software patents are evil by BasilBrush · · Score: 1

      OS X hasn't stolen anything from UNIX. OS X *is* UNIX. Not give anything back? Did you miss the fact that they made Darwin open source? Now grow up and learn how to communicate civilly.

    93. Re:Software patents are evil by Foolhardy · · Score: 1

      No, it's not hard to press CTRL+ESC to open the start menu. Also, that key gets in the way sometimes when I'm playing games; I accidentally press it, minimize the game and curse at the 'convenience' of the Windows key.
      Still, some of the Windows key + other keys (like WK+E to open an explorer window) are nice. Here are some more. How to disable.

    94. Re:Software patents are evil by Starrider · · Score: 1

      Not true. Trade secrets, while affording significantly less protection than patents, have indefinite length and you do not have to claim anything publicly.

      Someone else can patent it later if they develop a similar idea independently of you (for example, if one person invents the wheel but keeps it secret it is only a matter of time before someone else does) but other items are not so easily repeatable.

      IANAL, but IIRC trade secrets are protected as long as you keep the secret.

    95. Re:Software patents are evil by zo219 · · Score: 1


      > without their GUI to set them apart what do they really have to offer?

      Dream on, fair geek. . .

      >With Linux making some slight headway into the desktop

      Dream on.

    96. Re:Software patents are evil by iamplasma · · Score: 1

      Not completely true. Unless Anne Thwacks was actually one of the people designing the transparent windows, then it's not probably not secret once they show him. There have even been cases where simply handing out a few sample pens implementing a new technology to a few government employees were considered enough to make the invention public. Well, at least that's what I learnt in my Australian IP law class.

    97. Re:Software patents are evil by coldguy · · Score: 1

      That's a heck of an amazing chimp, that can get termites out of ant nests. Do termites usually hang out with ants? Are they buddies? Maybe the ants got annoyed cuz the termites wouldn't go back home and called the chimp to come get rid of them.

    98. Re:Software patents are evil by steeviant · · Score: 1

      Actually Apple swapped a chunk of stock to Xerox in return for the GUI, that's precisely why they were so annoyed at other companies (Microsoft in particular) for getting what they saw as a free ride, while Apple had to pay.

      Google for 'Apple Xerox Stock' if you want confirmation.

    99. Re:Software patents are evil by jkabbe · · Score: 1

      Not true. Trade secrets, while affording significantly less protection than patents, have indefinite length and you do not have to claim anything publicly.

      Someone else can patent it later if they develop a similar idea independently of you (for example, if one person invents the wheel but keeps it secret it is only a matter of time before someone else does) but other items are not so easily repeatable.

      IANAL, but IIRC trade secrets are protected as long as you keep the secret.


      Ok, reading my post I realize I shoud clarify.

      In the scenario I described the later inventor would not be entitled to a patent if:
      1) it was the exact same invention
      2) the prior inventor could prove that they invented it first (a fairly high standards as I understand it)

      Whether this is likely to be solved during the application proceeding for the later inventor or during court after a patent has been granted I can't say for sure (but I was assuming the latter).

      Once the trade secret becomes public, however (and it would during any patent dispute), it is no longer protected and the prior inventor would not have any rights to a patent for it.

    100. Re:Software patents are evil by eclectic4 · · Score: 1

      Holy shitballs. I just saw my mod. wtf

      I suppose the sarcasm was a little too subtle for "some" to decipher.

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    101. Re:Software patents are evil by AstroSurf · · Score: 1
      If Apple really did do it first then no one else can patent it anyway (prior art).

      Two words: Xerox Star.

      --
      Astro
    102. Re:Software patents are evil by Jesselovesscripts · · Score: 1
      Maybe it's just me, but i find slashdot reporting on compaines patents,... actually let's face it, reporting on microsoft and apple patents, to be sickening.
      The whole idea of patenting software (especially "look and feel" shit) is retarded.
      what do you do for a living? i think your paycheck is retarted to. fool.
    103. Re:Software patents are evil by TALlama · · Score: 1

      Yeah, Apple's patent on transparency is here, and we talked about it before.

      --

      - The Amazina Llama

    104. Re:Software patents are evil by bigbadbob0 · · Score: 1

      This doesn't make any sense. Say for instance I patent some widgets. If some other company starts making some widgets, and I don't sue them, the patent becomes invalid. How would filing a patent anonymously make any sense. The anonymous company needs to go out and sue everyone (or at least threaten to sue) or the patent will go away.

    105. Re:Software patents are evil by Anonymous Coward · · Score: 0

      I think this is evil. But if this gives Microsoft a sour face (thinking of the proud new features of longhorn), I'm all for it. I'd be just as happy if Ashcroft went after Microsoft to help fund the war in Iraq. Totally wrong, but oh so sweet.

    106. Re:Software patents are evil by doodlelogic · · Score: 1

      The quote is accurate in the United Kingdom, Canada and other common-law countries.

    107. Re:Software patents are evil by Doc+Squidly · · Score: 1

      Apple's involment in the open source

      But...the Apple Public Source License (APSL) isn't Open Source like the GPL.

      The 2 big prolbems I see with the APSL is that:

      1. Changes must be reported back to Apple.

      2. That Apple may revoke the APSL at any time. Meaning that even if the community contributes to a project Apple can take it away at any time.

      Until changes are made, Apple is just pretending to support Open Source.

      --
      I think I think, therefore I think I am.
    108. Re:Software patents are evil by Arcane_Rhino · · Score: 1

      "Why not a patent on the one-button mouse?"

      Same reason it would be pointless to patent a 'punch in the nose,' nobody wants one. LOL. (Seriously though, not to go too far off topic, why did Apple make the 'considered' decision to stick with the one button mouse? It really gripes me that I have to buy a multi-button mouse every time I acquire a new Apple computer.

      "If all these companies would stop worrying about patenting buttons or hyperlinks or transparent windows, the computing world would be a better place."

      Very true.
      However, there is a corporate reality out there that must be dealt with and the big boys play rough. Let me cite an example that I know a lot about. A few years back a certain golf company trademarked the single chevron on their golf club heads.

      (Yes, I realize trademark and patent are separate legal constructs but the principle is the same, bear with me.)

      In truth, trade marking of the chevron was inadvertent and simply part of several head design submissions. Regardless, overnight it became illegal for anyone other than this company to have a single chevron on their golf club head. Customs, under legal requirement to the trademark owner, seized millions of dollars worth of their competitors' shipments. Competitors, by the way, who had had single chevrons on their own golf club heads for years.

      Immoral use of trademark for competition advantage? Absolutely. But legal =! moral, and while legislative change in intellectual property rights law has my vote, Apple would be foolish not to place a patent on transparency given how integral it is to their current windowing system. Whether they are evil or good will depend upon their subsequent behavior. What I would hope is that, once they own the patent and are safe from having it used against them, they would allow others to freely use it.

      Ex Customs Inspector

    109. Re:Software patents are evil by GeckoX · · Score: 1

      The quote is NOT accurate in Canada.
      I've been sued, and won, and had to pay my own fees.
      Fees can be reclaimed in some cases, but it is not automatic by any means and involves a rudimentary counter-suite being filed.

      --
      No Comment.
  2. Prior art? Easy... by Black+Parrot · · Score: 1, Informative


    E-term, several years ago.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:Prior art? Easy... by Peterius · · Score: 1

      Yeah Is there a reason why E-term isn't prior art? It doesn't update while the window is dragged, but...

    2. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      True... And we can also consider all those software mp3 players, too. For example Sonique uses transparency to create the illusion of an artistically-shaped window instead of your average I-am-a-rectangle window. And I started to use Sonique in 1999...

    3. Re:Prior art? Easy... by whovian · · Score: 5, Interesting

      Translucency has been around for a while, but Apple is filing for time dependent translucency. E-term had that?

      --
      To-do List: Receive telemarketing call during a tornado warning. Check.
    4. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      There's a difference between transparency though, and translucency. Sonique used transparency, i.e. having some pixels as part of the foreground, others showing through to the background entirely. Translucency is when background pixels show through at some percentage (25% or 50%, for example), and are "blended" into the foreground window. (For example, a background pixel of blue and a foreground pixel of red, at 50% translucency, would produce a shade of purple.)

    5. Re:Prior art? Easy... by Anonymous Coward · · Score: 0
      It's a challenge to find a non-Apple translucent window that isn't just a snippet of desktop wallpaper pasted in the background.


      I actually thought the way Eterm accomplished (quasi-)translucency could be classified as "snippet of desktop wallpaper pasted in the background". Am I wrong?
    6. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      Eterm fakes it by grabbing the background.

    7. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      But how the hell is "time dependant translucency" even a patentable "thing"?

      That's like patenting breathing and then patenting "breathing really fast".

    8. Re:Prior art? Easy... by AndroidCat · · Score: 2, Insightful

      Time dependent translucency?? Wow, hook a timer to ramp the window translucency up or down. That took about 10 seconds of work. If I control it by the phase of the Moon, can I patent that?

      --
      One line blog. I hear that they're called Twitters now.
    9. Re:Prior art? Easy... by KingOfBLASH · · Score: 1

      nVidia cards come with the nVidia desktop, which allows (among other things) you to use hardware acceleration to turn windows translucent.

    10. Re:Prior art? Easy... by Anonymous Coward · · Score: 5, Funny

      "Translucency has been around for a while, but Apple is filing for time dependent translucency."

      Translucent windows?

      (looks outdoors)

      How are they new again?

    11. Re:Prior art? Easy... by boaworm · · Score: 4, Informative

      Well atleast it updates when completely moved.

      Perhaps (just guessing) Eterm doesnt qualify because of the way the "transparancy" was accieved. Afaik, every Eterm had in memory a copy of the background image, and just painted the approperiate part as it's (Eterms) backgroud. So it did NOT "read" the actual background imaging, it just painted the background picture.

      As a result, if you had multiple windows on top of each other, all showed the background, while on "Terminal.app" (OS X), the transparancy shows underlying windows, apps, graphics et al.

      --
      Probable impossibilities are to be preferred to improbable possibilities.
      Aristotele
    12. Re:Prior art? Easy... by adapt · · Score: 1

      my E-term that crashed a lot in 1998 never gave me the chance of noticing it :)

      anyway, one coder had for sure implemented a desktop with translucent windows. it would not take him too long to put some timer or activity trigger to make them dim or bright. clocks and triggers are even older than computers!

      is the trivial application of these two known ideas patentable? like one poster said, "breathing" and "doing things fast" are public domain, but "breathing really fast" is new :))))))))) and could get him filthy rich.

      i will now flagellate myself for missing the demonstration against software patents yesterday in The Hague.

    13. Re:Prior art? Easy... by kryptkpr · · Score: 1

      Not JUST time dependent, but content-dependent too... so if a window's contents change, it's transparency and user-interactivity can also change.

      Imagine if you sold something online and had an application that monitored purchases on your site and would give you an indiciation of "hey! get off your ass and ship this product". What Apple is trying to patent here is the ability to have this window's opacity degrade with time as long as you have no new orders. The opacity can degrade so much that after a while, the window no longer accepts user input, but passes it down to windows that are below it. However, when an order comes in (the window's contents change), the window again becomes visible (grabbing your attention) and resumes accepting user input.

      It's actually a really neat idea.. but I still think it's too broad to deserve a patent.

      --
      DJ kRYPT's Free MP3s!
    14. Re:Prior art? Easy... by sweet+cunny+muffin · · Score: 5, Insightful

      READ THE FUCKING PATENT. It's not enough just to be translucent. It has to allow stuff like becoming transparent to user input over time as well.

    15. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      Yes you can, if you think it's worthwhile and don't mind the hefty patent application fee.

    16. Re:Prior art? Easy... by MSZ · · Score: 1

      There are many others with "real" transparency. For starters, nvidia drivers for windoze had multidesktop+transparency as an option for some time - at least for 6 months (first time I saw it). There was also some small freeware utility to set window transparency that I tried about a year ago. Not to mention, that supposedly Win2K has API calls to set transparency, just that almost no one uses them; but that would mean MS had the idea about 5 years ago.

      Seems Apple is just wasting money on that one.

      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    17. Re:Prior art? Easy... by cperciva · · Score: 1

      Time dependent translucency?? ... If I control it by the phase of the Moon, can I patent that?

      Yes, provided that you can:
      1. Explain how this can be implemented (mostly trivial), and
      2. Explain why this is useful (rather harder).

    18. Re:Prior art? Easy... by polyp2000 · · Score: 1

      "snippet of desktop wallpaper pasted in the background"

      Just how else are you supposed to do it then? Somehow you have to take a copy of whats underneath the window before you apply the translucency to it, thats the obvious way you do it! Its a small change to grab not just the wallpaper thats underneath but the icons and stuff too. The concept and methods are the same.

      nick ..

      --
      Electronic Music Made Using Linux http://soundcloud.com/polyp
    19. Re:Prior art? Easy... by AndyBusch · · Score: 2, Insightful

      They even defend against that in the blurb. Eterm just pastes a relative bit of the desktop background in it. Move your "transparent" Eterm over another window, and what do you see? Your desktop background. Move a transparent OS X window over your browser window, and what do you see? Your browser.

    20. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      Of course. How come then I have seen so far NOT a single X window manager do that properly (and with a reasonable speed, like Aqua does)?

    21. Re:Prior art? Easy... by Anonymous Coward · · Score: 0
      That's actually quite irrelevant. While Eterm and similar pseudo transparency may not be prior art of proper transparency in and of themselves, a patent is also required to not be obvious to a trained practitioner in the field. Any documentation that full transparency was considered and rejected based on performance evaluations on the hardware at the time will be sufficient to prove that full transparency is not sufficiently novel to be patentable IN ITSELF. Combine it with other claims, such as time dependent translucency, and it may be.

      However, it was pretty obvious at the time that the "transparency" of Eterm was a hack that was done that way only because doing it the "right" way was too expensive in terms of memory and performance, and I think that would be trivial to document - there must be e-mails and mailing list archives around from the time that documents that proper transparency was obvious to trained practioner in the field of software development.

    22. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      No they are not. The change requires you to provide of screen drawing for each window, and composit them together. It is trivial, but memory and processing intensive, but unless you provide off screen drawing there are no "icons and stuff" underneath the window - after all the z ordering is just an illusion achieved by clipping.

    23. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      I don't know what you're smoking, but that is not translucency. Up until very recently X11 simply hasn't allowed that sort of thing.

      What you're seeing is simulated translucecy using the background.

    24. Re:Prior art? Easy... by LoadStar · · Score: 4, Insightful
      READ THE FUCKING PATENT. It's not enough just to be translucent. It has to allow stuff like becoming transparent to user input over time as well.

      Nice. Someone who READ the patent instead of just commenting on the stupid summary. This is a VERY SPECIFIC method of USING translucent windows. Not just "a patent on translucent windows."

      This is essentially a patent on a context-sensitive user interface, where windows become more or less opaque based on how many windows are open and how many are layered, and whether or not the user interfaces with them. I imagine this would look very cool and be fairly usable.

    25. Re:Prior art? Easy... by Laser+Lou · · Score: 1
      time dependent translucency


      What's great about this patent is not the time dependent transparance. Heck, I wrote a little command shell that fades with time. Its that the window becomes opaque when the underlying information changes. That seems quite useful, and I don't remember seeing that used anywhere.

      --
      No data, no cry
    26. Re:Prior art? Easy... by AndroidCat · · Score: 1
      1. Calculation of current phase of Moon. Brightness of phase as a value in range of transparancy/alpha blend. Timer to refresh value now and then.

      2. I play nethack.

      3. Further patents will involve windows which are only viewable/clickable on certain days of the year like Durin's Day. Possible addition of voice recognition of words like "Friend" for security systems.

      4. Avoid lawsuit by Tolkien estate lawyers.

      5. Profit!

      --
      One line blog. I hear that they're called Twitters now.
    27. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      When Windows 2000 shipped, my Matrox G400 could do hardware transparency -- but this was limited to the Start Menu fade-in and a couple other places. Not what the patent covers anyway.

    28. Re:Prior art? Easy... by BasilBrush · · Score: 1

      No, OS X doesn't need to copy anything that's under the window. The screen that you see with desktop and all it's windows doesn't ever exist as a single frame buffer in memory. Each window actually exists as a seperate OpenGL texture, which are composited in hardware on the graphics card. That means transparency comes virtually for free, and there's no possibility of flickery redraws as you move a window around the screen. Windows only ever need to be redrawn when their contents change.

    29. Re:Prior art? Easy... by mt+v2.7 · · Score: 0

      You have been able to set winamp to become translucent on idle for a while.

    30. Re:Prior art? Easy... by kasperd · · Score: 2, Interesting

      This is a VERY SPECIFIC method of USING translucent windows. Not just "a patent on translucent windows."

      Just to sumarize, the idea of translucent windows certainly isn't new. People have tried doing something that would resemble translucent windows. But because of performance considerations and limitations in the graphics system used, the result wasn't perfect. But I think even a nonperfect implementation would qualify as prior art as far as the idea is concerned. Had the patent been about a specific algorithm to implement translucent windows more efficiently, it would certainly have made sense. Actually I think what it takes to make efficient translucent windows is hardware, not software. So I have mentioned two things the patent could have been about: The idea of using translucent windows or an efficient way to implement them. But it turns out there is really a third option, the patent is actually about an application of translucent windows. AFAIK there are some minimum requirements to patents, you shouldn't be able to patent something obvious. And personally I think the efficient translucence is a better invention than some application of it.

      --

      Do you care about the security of your wireless mouse?
    31. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      which are composited in hardware on the graphics card.

      So, just what processes are going on in the graphics card in order to achieve this???? Just because its done on a graphics card using hardware it does not mean that the actual process is any different. The graphics card just makes it easier, by providing custom chips, in exactly the same way the Amiga had a blitter chip pass the chip a few parameters and it could copy huge chunks of memory around, it was still copying data around really fast.

    32. Re:Prior art? Easy... by Snafoo · · Score: 1

      Translucent windows?

      (looks outdoors)

      How are they new again?


      Well, this is 'translucent windows.... on the Internet'. It's totally different.

      --
      - undoware.ca
    33. Re:Prior art? Easy... by BasilBrush · · Score: 2, Informative

      It doesn't matter. The graphics card is a black box. The implementation of it's compositing is irrelevant to OS X. Compositing in the graphics card may mean producing a final frame buffer, or it may mean doing it on the fly. Just because the Amiga was blitting chucks of memory about 15 years ago doesn't mean that it is necessarily the way it must be done now. Nor does it mean that was the way it was always done before the Amiga. The Atari 400/800 predated the Amiga, and it's "player missile graphics" were never incorporated into the frame buffer. Nor did many games systems with sprites - GameBoy for example. Go back even further and Pong didn't even have a frame buffer.

    34. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      but they're patenting the idea, not the implementation right?

    35. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      There was also some small freeware utility to set window transparency

      You mean Vitrite

    36. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      It doesn't matter. The graphics card is a black box. The implementation of it's compositing is irrelevant to OS X

      Exactly, we've come full circle now. It Doest matter what technique is used to acheive the effect. If you are copying chunks of display graphics and compositing them in memory or doing it in a graphics card. The point is the effect is translucent however you acheive it.

      the point is that you have texture 1 and texture 2 perform said operation and out comes texture 3. I dont see how else the effect can be acheived in silicon its still zero's and one's at the end of the day.

      Not sure what tangent you are going off on with the blitter chip thing. That was just an example of a device that performs a specific operation. e.g. copying a chunk of data about very quickly its just a piece of silicon that is hardwired to do something specific very quickly that the processor might find hard work.

    37. Re:Prior art? Easy... by Doctor+Crumb · · Score: 1

      Your windows are dirty. Wash them and they will be transparent.

    38. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      Hasn't Berlin/Fresco http://www.fresco.org/ had translucent windows for several years?
      Or TransluXent :
      http://www.stud.uni-karlsruhe.de/~unk6/translux ent /

    39. Re:Prior art? Easy... by drfrog · · Score: 1

      hell yah

      i think afterstep had transparencies way back when too.. and the next o/s?

      it s kinda funny how they waited until after they started using unix/bsd as their base o/s

      who do they think they are and how dumb do they think the unix community is?

      i guess this is just another thing for the fsf anti-patent group to suss out

      --
      back in the day we didnt have no old school
    40. Re:Prior art? Easy... by Geoffreyerffoeg · · Score: 1

      Actually, this is pretty novel. Most of how Windows works isn't that clear...

    41. Re:Prior art? Easy... by Anonymous Coward · · Score: 0

      1. Doesn't matter how trivial it is.
      2. It doesn't have to be useful.

      This is the _US_ patent system... you new here or something?

    42. Re:Prior art? Easy... by Methuseus · · Score: 1

      I used the Win2K API for transparency through a version of Winamp. It worked beautifully. Got sorta bored with it though as the transparent winamp didn't really do anything for me.

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    43. Re:Prior art? Easy... by aristotle-dude · · Score: 1
      Ok, what company did Apple buy out before MS brought out Windows 2000? It started with and "N". Apple owns the company that developed:

      -Translucent windows

      -The Dock

      and a compositing engine based on postscript.

      NeXT was that company.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    44. Re:Prior art? Easy... by aristotle-dude · · Score: 1

      Ok, who bought NeXT again? It was Apple. Afterstep is based on what GUI? NeXTStep perhaps? Come on /. reader where is your long term memory?

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    45. Re:Prior art? Easy... by drfrog · · Score: 1

      oh?
      I didnt know !!!
      thanks for the info...

      and the attitude ;)

      --
      back in the day we didnt have no old school
  3. Well Virt-Demension had it in Febuary 2003 by Y! · · Score: 3, Informative

    https://sourceforge.net/project/shownotes.php?rele ase_id=142811

    Trillian also has it, but I don't know when they added it. I thought win2k also had it built in when it came out.

    1. Re:Well Virt-Demension had it in Febuary 2003 by nacturation · · Score: 4, Informative

      This isn't just regular transparency. I know people don't read the freaking article, but this is it in a nutshell:

      *** WINDOW GETS MORE AND MORE TRANSLUCENT AS IT'S USED LESS ***

      It's the time dependency which is the invention they're patenting here.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    2. Re:Well Virt-Demension had it in Febuary 2003 by Epistax · · Score: 1

      Oh, so it deserves a patent because no one would have ever though to make unused things less visible. No wait... Where did all my desktop icons go? Where did all my system tray icons go? There's youre time dependency. hmm So the argument must then bee specifically for translucence. No wait, apple didn't invent the alpha channel. Ok so what are they trying to patent? Two ideas from other people put together. That might be valid in many things, however you owe me $2 every time you make a peanut butter and jelly sandwich.

    3. Re:Well Virt-Demension had it in Febuary 2003 by nacturation · · Score: 1

      Put down the tinfoil hat, sir. Now, step slowly... away... from... the computer.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    4. Re:Well Virt-Demension had it in Febuary 2003 by BillyBlaze · · Score: 1

      So what? Specific or general, it's still an idea they're patenting, and patents law specifically forbids that. If they were patenting the method to do it, they would be patenting source code. But couldn't they just copyright it then?

    5. Re:Well Virt-Demension had it in Febuary 2003 by nacturation · · Score: 1

      You're incorrectly assuming that because *I* happened to call it an idea, it *must be* an idea. It doesn't matter what I call it... perhaps it's a device, an invention, or a method. Whatever the case, the USPTO thought it was worthy enough to grant a patent. If you disagree, you can always ask them to review the patent again.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    6. Re:Well Virt-Demension had it in Febuary 2003 by Anonymous Coward · · Score: 0

      translucent
      adj.
      Transmitting light but causing sufficient diffusion to prevent perception of distinct images.

      A thing is translucent when it merely admits the passage of light, without enabling us to distinguish the outline of objects through it.A thing is transparent when we can clearly discern objects placed on the other side of it. Glass, water, etc., are transparent; ground glass is translucent.

  4. Prior art found!! by aardvarko · · Score: 5, Funny

    Yeah, I've got some windows with graduated transparency that can be manipulated. They're in my FREAKIN' CAR.

    1. Re:Prior art found!! by Raven42rac · · Score: 1

      If anyone should be applying for this patent, it should be the tinting industry. They will be ruined!

      --
      I hate sigs.
  5. Uh... by Anonymous Coward · · Score: 2, Informative

    Enlightenment?

    1. Re:Uh... by Anonymous Coward · · Score: 0

      It's a challenge to find a non-Apple translucent window that isn't just a snippet of desktop wallpaper pasted in the background.

  6. Apple? by NeoChaosX · · Score: 1

    We don't need to worry too much. It's not as if Linux utilizes that technology.

    --
    One man's selflessness is another man's annoyance.
    1. Re:Apple? by kunudo · · Score: 1

      Riiiight, irrelevant.

      Apple shouldn't have an exclusive right to it, though. This sets precedence, so that next, someone can patent other generic things, like start menus, multiple desktops, clocks, directories etc. Or it may be thrown out. I hope so.

    2. Re:Apple? by Performaman · · Score: 0

      Ever used Konsole?

      --

      I have gas, but my car uses petrol.
    3. Re:Apple? by BasilBrush · · Score: 1

      WILL YOU READ THE FUCKING PATENT. Or at least some of the previous posts. There is nothing generic about this patent. It is novel. It hasn't been done before. And it is non-obvious.

  7. I believe... by slasher999 · · Score: 2, Insightful

    OS/2 Warp 4 Betas offered translucent windows. The feature was removed from the final release for performance reasons. Hardware just wasn't quite there in '95 to support that feature. As least that's my recollection of it.

    1. Re:I believe... by Anonymous Coward · · Score: 0

      I have to admit I don't RTFA sometimes, so I don't complain when someone tells me:

      RTFA it's not enough that its transparent, it must be transparent with regards to time and the status of the appliation!

    2. Re:I believe... by Anonymous Coward · · Score: 0

      Warp 4 has this feature, but it is not time dependent. It was turned off by default,but was activated by a checkbox in system setup.

    3. Re:I believe... by Amiga+Lover · · Score: 1

      AmigaDOS 1.3 had the ability to do them too before 1988. That's before macs could do any more than black & white (not greyscale. Pixels were either black or white) imagery, so it was physically impossible at the time for Apple.

    4. Re:I believe... by Anonymous Coward · · Score: 0

      Just because one of APPLE's products (MACINTOSH) only did black and white does not mean that any of APPLE's other products at the time could not do it.

      Don't confuse APPLE the manufacturer with MACINTOSH the platform.

    5. Re:I believe... by Anonymous Coward · · Score: 0

      Wrong. Macintosh II was released in March 1987. It was available with color graphics cards.

    6. Re:I believe... by Ben+Hutchings · · Score: 1
      AmigaDOS 1.3 had the ability to do them too before 1988.

      What are you talking about? AmigaOS didn't support anything but rectangular opaque windows, which couldn't even be moved off-screen.

    7. Re:I believe... by Anonymous Coward · · Score: 0

      Somehow, I doubt the Apple II (Apple's other relatively successful product line) had any form of tansparent windows.

    8. Re:I believe... by Anonymous Coward · · Score: 0

      Yes it did. There were 2 separate utilities I recall which did window transparency under AmigaDOS

      I'm sure it went back as far as 1.2, but the OP may be correct stating 1.3

  8. Listen and learn Apple fans by Anonymous Coward · · Score: 0, Interesting

    Apple is every bit as bad as Microsoft -- worse even because they control both the hardware and software. Apple is not your friend. It's not your pal. It's not your bestest buddy who really supports you when things aren't going well. It's a vicious company who uses bullshit lawsuits, pitiful IP abuses and supports DRM.

    Shun them.

    1. Re:Listen and learn Apple fans by iethree · · Score: 1

      but we have to root for apple because they're the underdog, that's how it works; you shun the big bad monopoly and love the underdog, it's just the way of things. In 10 years or so when apple has the monopoly on the PC market, we'll all be micrsoft (or whoever happens to be the underdog) sypathizers and we'll all be bashing apple on the slashdot message boards

    2. Re:Listen and learn Apple fans by fmorgan · · Score: 5, Insightful

      Apple is a company owned by their shareholders; the same with Microsoft, IBM, etc. And their behavior isn't all that different, except one little detail: one of them is a monopoly.
      If some kind of behavior is legal (even if someone don't like it too much) for a smaller company, one that owns 90%+ of the market can't behave the same way.

      now for the "control both the hw and sw" myth... Apple just uses an older business model, where they assemble a machine and it's OS (hw is basically a PC's, with the difference of an IBM/Motorola RISC chip).

      But this is true, that Apple "is not your friend". The same with MS, and IBM and HP, Dell, Sun, etc. Companies are not "friends", they are businesses and they will choose one course of action over another to make $$ or, at most, sometimes to win some goodwill (and probably someone is measuring this in $$ terms).

    3. Re:Listen and learn Apple fans by polyp2000 · · Score: 5, Insightful

      worse even because they control both the hardware and software

      And you think that Microsoft dont control both the hardware and the software? (and that's not all else they control either!) Im amazed you are that shortsighted.

      --
      Electronic Music Made Using Linux http://soundcloud.com/polyp
    4. Re:Listen and learn Apple fans by Anonymous Coward · · Score: 0

      Root for the multi-million dollar underdog? The underdog that has only themselves to blame for their current predicament?

      Oh, wait, I'm a Cubs fan.

      Personally, I root for the bootlegged copies of M$ products.

    5. Re:Listen and learn Apple fans by mindfucker · · Score: 1
      But this is true, that Apple "is not your friend". The same with MS, and IBM and HP, Dell, Sun, etc. Companies are not "friends", they are businesses and they will choose one course of action over another to make $$ or, at most, sometimes to win some goodwill (and probably someone is measuring this in $$ terms).
      Apple is less our enemy than Microsoft at the moment. IBM is more our friend than either at the moment. Redhat is mostly our friend at the moment.

      While it's true that you need to take companies with a heavy grain of salt (because they have priority obligations to their shareholders), you shouldn't discount them much more than you should a human friend -- who after all, can be your friend while at the same time having an obligation first and foremost to their own self preservation -- just because they are a company.

  9. Current Slashdot Groupthink? by Anonymous Coward · · Score: 0
    Wait - do we love Apple today, or hate them?

    It's so hard to keep up with the current Slashdot groupthink.

    Somebody please let me know ASAP so I can post highly moderated comments. Thanks!

  10. Um NVIDIA drivers have had this... by Anonymous Coward · · Score: 1, Interesting

    when moving windows around. Would having a window always transparent be a natural extension from that?

  11. I thought all windows were at least translucent by mocm · · Score: 1

    if not transparent.

    --
    ***Quis custodiet ipsos custodes***
    1. Re:I thought all windows were at least translucent by gellenburg · · Score: 1

      I don't know about all windows being translucent, but certainly at least with all the Windows I've seen, the security has been transparent.

  12. Enlightenment by canolecaptain · · Score: 4, Insightful

    I know that the enlightenment window manager had translucent windows in the late 90's. Anyone have a time stamped picture from way back then? Perhaps in the internet way back archives...

    1. Re:Enlightenment by Anonymous Coward · · Score: 0

      It had screen door transparency for when you drag windows around, yes.

    2. Re:Enlightenment by .com+b4+.storm · · Score: 3, Informative

      I know that the enlightenment window manager had translucent windows in the late 90's

      To the best of my recollection, those translucent windows only showed the desktop background, not other windows that were behind the translucent ones. I'm not sure if that counts in this case - I haven't looked at what Apple is patenting here. But none of the translucent windows I saw on Linux showed anything but the background. Contrast this to Apple's Terminal app, which shows windows underneath. And this translucency is real-time: if the window is playing video or something, it shows through.

      --
      "Wow, you're like some kind of superhero able to ward off happiness and success at every turn."
      -- Ryan Stiles
  13. video games by CrazyJim0 · · Score: 1

    Lineage 2
    I think Dark Age of Camelot
    Maybe Starwars Galaxies

    1. Re:video games by TGK · · Score: 1

      Starcraft's menu structure did this too, but I'm not sure if it was faked or not.

      Also, you couldn't drag them, but they held transparency while moving.

      At least, that's what I seem to recall.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    2. Re:video games by Anonymous Coward · · Score: 0

      I believe the first Comanche attack chopper and a Star Trek game, both released around the same time, were the first games to offer transparent windows with some degree of transparency. Comanche's windows could be controlled by the user.

  14. Here's some past art. by boref · · Score: 1, Interesting

    Its not that difficult to find past art...I can goto work and just use the job tracking application I've been writing off and on for the past year. Its setup to allow users to choose transparency levels in 10% increments from 100%-10%.

    --
    --- If you can't beat them, use a heavier blunt object.
    1. Re:Here's some past art. by sin1man · · Score: 1

      Trillian has had this option long before November 2003.

  15. Hell... by dark404 · · Score: 2, Informative

    even EverQuest uses those in their current UI.

  16. Prior Art, part 423423423423 by Cytlid · · Score: 2, Informative

    http://home.insightbb.com/~ryanvm/tinyutilities/vi trite/

    Vitrite allows you to do this with any Win32 Window (on 2k, XP, etc).

    --
    FLR
    1. Re:Prior Art, part 423423423423 by Dr.+Evil · · Score: 3, Insightful

      Those programs actually manipluate a data structure in the Win32 API which was designed for transparency. The prior art for those apps could go back to the creation of that aspect of the API.

    2. Re:Prior Art, part 423423423423 by lukewarmfusion · · Score: 1

      That's the first thing I thought of when I saw this story. I use Vitrite on my desktop at work. It's great for watching the Cubs game through my coding window. When we win, that is...

    3. Re:Prior Art, part 423423423423 by drinkypoo · · Score: 1

      I wish that worked for me. For some reason, none of my applications seem to want to draw video when they are occluded, probably because they are using overlays for said purpose. When I had my Amiga 2000 (and my Centris 660AV) I could put full screen video in the background, which was kind of useful, but what I really want to be doing is watching something in a window through another window, mostly my Xterms. What video player are you using, or is this some TV card app?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Prior Art, part 423423423423 by Patik · · Score: 1

      Also DeadAIM is an AIM add-on that lets you make any AIM windows or your buddy list translucent. Even has a sliding scale to give the windows any level of opacity you want.

    5. Re:Prior Art, part 423423423423 by lukewarmfusion · · Score: 1

      Unfortunately, I don't get to watch the Cubs games as video. I'm stuck with the MLB.com or Sportsline web coverage. I seem to recall watching a Quicktime video (redvsblue!) behind another window. I'll take a look at it on Monday and see what happens.

  17. Hell, even _WINDOWS_ ha translucent windows by Cyberax · · Score: 1, Informative

    Look, for example at MSDN: Layered windows

    Well, this patent clearly has LOTS of prior art.

    1. Re:Hell, even _WINDOWS_ ha translucent windows by Anonymous Coward · · Score: 0

      The patent is NOT for translucent windows.

      The patent is for the idea of making windows more translucent the longer their contents are unchanged.

      Eventually, a window that is showing static data would show through almost entirely to what is underneath (such as your desktop), and when you clicked in that area, you'd be manipulating your desktop rather than the window.

      Granted, the slashdot summary doesn't explain this, but hasn't anyone RTFA? Sheesh. :-)

    2. Re:Hell, even _WINDOWS_ ha translucent windows by BasilBrush · · Score: 1

      Clearly LOTS of people didn't actually read the patent, or even understand all of the Slashdot post. This isn't a patent on transparent windows.

  18. Win2k/Enlightenment by Moderator · · Score: 0

    I've been able to make windows transparent when dragged thanks to NVIDIA's nView software for years. Window transparency has been possible since Windows 2000, and I'm sure I remember dragging transparent windows around on Enlightenment maybe four years ago. Is Apple referring to transparent windows in general, or would the ability to make a window transparent while moving fall under this patent?

    I'm also curious as to how Win2k's fade in menu effect is effected.

    --
    The World is Yours.
  19. DirectFB? by Anonymous Coward · · Score: 0

    How about DirectFB? Didn't those guys have real transparency going before OSX was even released?

  20. They applied for lots of such patents recently by Anonymous Coward · · Score: 3, Informative

    See MacSlash for more of them

  21. (FTA) Patent Filed Originally in 1999 by Anonymous Coward · · Score: 0

    So excluding the past 5 years, was Apple really the first company to use translucent windows?

    In the future you won't be able to write a decent operating system without infringing on 30 parents, since those patents will cover every possible detail. /waiting for the patent on double-clicking

  22. Like this? by civman2 · · Score: 1
    1. Re:Like this? by Loki_1929 · · Score: 1

      It might have been nice if you'd also taken the time to blot out the person to whom you were speaking.

      ZolaOnAOL is about to get 12 million instant messages from total strangers. :)

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    2. Re:Like this? by civman2 · · Score: 1

      ZolaonAOL is also a bot ;)

  23. PowerWindows. (duh.) by Anonymous Coward · · Score: 0
  24. Transparent windows by Anonymous Coward · · Score: 1, Funny

    I have one on my desktop right now, i even took a screenshot and was going to post it untill i realized you cant see it, ITS TRANSPARENT!!!

    1. Re:Transparent windows by Anonymous Coward · · Score: 0

      Seriously, are you that retarded? Where does it mention anywhere "transparent" windows. Idiot.

  25. fvwm by Dan+Ost · · Score: 1

    how does fvwm do it?

    --

    *sigh* back to work...
  26. Could this be a preemptive move against MS... by ErnstKompressor · · Score: 4, Interesting

    and the announcement that Longhorn will feature a heavily translucent interface -- Aero Glass?

    --
    We apologise for the fault in this post. Those responsible have been sacked. -- Signed RICHARD M. NIXON
  27. NVIDIA by AmigaAvenger · · Score: 1

    Nvidia desktop manager has added this for many versions, well before that date at least.

  28. A general question about patents by davidescott · · Score: 1

    What constitutes prior art? Certainly there had been talk about making fully and truly translucent windows before OSX but for technical reasons not many people had attempted to implement such a thing. So the idea certainly isn't novel, although perhaps the implementation is.

    1. Re:A general question about patents by polyp2000 · · Score: 1

      Translucent windows have been around for ages, blimey, 4or5 yrs ago i was playing around with translucent terminals in enlightenment window manager. Although I'm sure it goes back further than that.

      Jesus though when is all this patent crap going to be stopped?

      --
      Electronic Music Made Using Linux http://soundcloud.com/polyp
    2. Re:A general question about patents by Anonymous Coward · · Score: 0

      How about you read the motherfucking article instead of talking out of your fucking ass? This isn't JUST translucent windows, you stupid fucking dumbass! Even the summary clues you in to this, but you probably just read the title and almost had an orgasm while rushing to post your FUD.

    3. Re:A general question about patents by servoled · · Score: 2, Insightful
      What Consitututes prior art?
      Prior art is any product, publication, of piece of information which has a provable existance date prior to the effective filing date of a patent application. This covers previous patents, journal aricles, magazine and newspaper articles, dated websites, movies, video games, comics, recorded speeches, commercial products, etc... Basically any bit of public knowledge that you can prove existed prior to the effective filing date of the application can be used as prior art. However, if you can't prove the date that it existed, it can not be used as prior art. This means that you talking to a bunch of coworkers about some idea Chili's happy hour doesn't count as prior art unless you can prove that what you talked about and when.
      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
  29. READ THEN POST by ipl+me+asap · · Score: 1

    They aren't trying for a patent on translucent windows, Mr. MacQuicktotype.

  30. This isnt about apple by Anonymous Coward · · Score: 0

    So, if you like apple or not is irrelevant. This simply is a further example of how dumb, useless and dangerouse software patens are. As if any more examples were needed to prove this point.

    I just hope that this madness can still be prevented in Europe.

  31. XP... by Anonymous Coward · · Score: 0

    XP has it, of course.

    Winamp 5 comes to mind as a possible example of something that gets more translucent over time.

  32. Is prior art needed? by ScarletEmerald · · Score: 1

    Does prior art even need to be found to invalidate this? I thought blatantly obvious things couldn't be patented in the first place. This certainly seems like a pretty simple and obvious extension to me, especially if the other type of transparancy (a static snapshot of the background) already existed.

    1. Re:Is prior art needed? by tonythepony · · Score: 1

      The typical way (in the legal system) of establishing that a patent is for something obvious is by showing that prior art exists - and that it is obvious in light of the prior art. So yes, it is needed.

  33. Not quite as obvious as it seems? by LaserLyte · · Score: 5, Informative

    I only briefly skimmed the article, but it seems to me that this isn't as broad as it initially seems.

    The translucency can be graduated so that, over time, if the window's contents remain unchanged, the window becomes more translucent. In addition to visual translucency, windows according to the present invention also have a manipulative translucent quality. Upon reaching a certain level of visual translucency, user input in the region of the window is interpreted as an operation on the underlying objects rather than the contents of the overlaying window.

    So, the windows fade with time (if they are not used much), and the windows below are phased above the fading window... Rather than just plain old tinted windows.

    I personally have never experienced anything like this, it sounds like it could be useful... or maybe I'm just behind the times :)

    1. Re:Not quite as obvious as it seems? by CdBee · · Score: 2, Interesting

      So we go from click-through EULAs to click-through windows

      What they seem to be suggesting would make windows that shouldnt be in the foreground move to the background by sinking through any more active windows behind them, but which would be stopped by clicking the window before it reached a lower transparency than the window behind it

      It'd be a bitch to get used to but immensely useful once you understood it.. think mail.app coming up nearer the top level as an email arrives while a safari window of porn sinks to the hidden background if the user dashes away from the screen for some reason :-|

      --
      I have been a user for about 10 years. This ends Feb 2014. The site's been ruined. I'm off. Dice, FU
    2. Re:Not quite as obvious as it seems? by Too+Much+Noise · · Score: 1

      hmm ... wouldn't whatever window is behind the unused one be even less used? so it would be even more transparent and keep on passing the input along the z-buffer? or was this for some sort of focus-follows-mouse?

    3. Re:Not quite as obvious as it seems? by mindfucker · · Score: 1

      Yeah your windows disappearing when you've haven't used them in a recent enough timeframe, that sounds real useful... Awesome job Apple, as usual.

    4. Re:Not quite as obvious as it seems? by Anonymous Coward · · Score: 0

      The "Upon reaching a certain level of visual translucency, user input in the region of the window is interpreted as an operation on the underlying objects rather than the contents of the overlaying window" can be found here as a standard behaviour in the window manager: http://www.bluebottle.ethz.ch/wm/gallery.html. But the automatic fade-out over time is not really in the system. (Although i remember an experimental info dialog that faded if the OK button was not clicked)

    5. Re:Not quite as obvious as it seems? by MoneyT · · Score: 1

      Think of it like a ticket queue. Where I do support work, we use remedy to line up service calls. Problem is, we have to actively check the service calls, there's no good notification system other than an email. Imagine a program where the last 3 tickets sit in a translucent window in the corner of your screen and floats above all windows. If you haven't used the program for X amount of time it becomes 80% translucent and you can click through it to items below it. When a new call comes in, it goes back to say 10% translucent and not only has it caught your attention, but you can immediately work in the window.

      --
      T Money
      World Domination with a plastic spoon since 1984
    6. Re:Not quite as obvious as it seems? by Twirlip+of+the+Mists · · Score: 4, Interesting

      So, the windows fade with time (if they are not used much), and the windows below are phased above the fading window...

      More importantly, once the window fades "enough" (for some arbitrary and time-dependent value of "enough") it becomes transparent not only visually, but also to user input. You can click "through" it, in other words, once it's faded to a certain point.

      I'm having a hard time figuring out exactly how such a feature should be used, but it's not hard to imagine how it could be used.

      --

      I write in my journal
    7. Re:Not quite as obvious as it seems? by Too+Much+Noise · · Score: 1

      you misunderstood me. Say I have 3 identical size windows stacked. If the top one is at 80%-click-through, then the others are at least at the same transparency level. So does only the top one pass clicks along? - then what it I need to reach the 3rd? otherwise, if all are click-through, how do I tell the system which of the windows in the z-buffer to activate when there are more than 2?

    8. Re:Not quite as obvious as it seems? by no_demons · · Score: 1

      So - does this mean that we would be able to click _through_ windows?

      Will be interesting to see how that fits into the rest of Tiger in June.

    9. Re:Not quite as obvious as it seems? by BasilBrush · · Score: 1

      It doesn't sound like it's to be in general use for all windows. In fact it doesn't sound like it's to be used for top level windows at all. It's to be used for floating status windows - the example in the patent refers to a floating window used by the speech recognition applet. I could see it being applied to virtual keyboards too.

    10. Re:Not quite as obvious as it seems? by Osty · · Score: 1

      I'm having a hard time figuring out exactly how such a feature should be used, but it's not hard to imagine how it could be used.

      I've got your prior art right here. Check out the changelist. I'm missing dates on the changelist, but from the age of the files on my server, I can prove that version 2.5 (added focus-based fade) was built on August 9, 2001. Version 3.1 added mouse-click pass-through when the window is non-focused. From the front page, that version was June 13, 2003.


      It's not exactly what's described in the patent (I don't believe it fits all 40 claims, but it fits a good majority of them), mostly because it's focus-based and not time-based, but it also shows a good example of where this type of functionality could be useful.

    11. Re:Not quite as obvious as it seems? by ameoba · · Score: 1

      Crap.

      I was actually thinking about this 6mo ago.

      A friend of mine & I were trying to think of some use of transparancy on the desktop that was actually useful rather than simply being eye-candy. Considering that reading the text from two overlapping windows is nearly impossible, this gradual fading of unused windows was about the only thing I could come up with that didn't boil down to "D00d!! look at my screenshots!! You can see my desktop through my xterm!".

      --
      my sig's at the bottom of the page.
    12. Re:Not quite as obvious as it seems? by Anonymous Coward · · Score: 0

      You are unlikely to find an anticipation, but the individual bits of technology were known. So, the best way to attack this is to find different references that combine to make this obvious. Maybe some things that say "here's how to implement transparency", "transparency can used to for unimportant windows" and "unused windows are unimportant". Then, no more patent.

    13. Re:Not quite as obvious as it seems? by Twirlip+of+the+Mists · · Score: 1

      It's not exactly what's described in the patent

      Then may I humbly suggest that you stop spouting off about how it's "prior art?"

      --

      I write in my journal
    14. Re:Not quite as obvious as it seems? by Anonymous Coward · · Score: 0
      Please die, thanks.

      Seriously, did you even read his whole fucking post? He explains that it doesn't match all 40(!) claims, but comes really close, meaning it's probably CLOSE ENOUGH TO BE CONSIDERED PRIOR ART.

      Ok, you can continue dying now.

    15. Re:Not quite as obvious as it seems? by sonamchauhan · · Score: 1

      > may I humbly suggest that you stop spouting ...
      You were neither humble, nor correct.

      Please work on both issues.

  34. How about trillian? by neosake · · Score: 1

    You can make trillian transparent to different degrees when it does or does not have focus
    trillian

    winamp 5 does transparent windows too.

    --
    "When a ball dreams, it dreams it's a frisbee"
  35. Prior art by Anonymous Coward · · Score: 0
    1. Enlightenment. Released and in production since 1997.
    2. MacOS X. To be valid, you have to patent it before you start selling it. It's a bit late to be applying for this patent.
    1. Re:prior art by 2nd+Post! · · Score: 1

      Everything is a bad idea until someone implements it in a particularly brilliant way.

      Imagine throwing oxygen and gasoline inside a steel box and using the explosive reaction to move.

      Imagine powering a state with a nuclear reaction.

      It takes real work to make raw unfinished ideas and make them usable.

    2. Re:prior art by hak1du · · Score: 1

      Everything is a bad idea until someone implements it in a particularly brilliant way.

      So why should Apple get this patent, then? Their patent describes the bad idea itself, not the brilliant implementation of it.

      Imagine throwing oxygen and gasoline inside a steel box and using the explosive reaction to move. Imagine powering a state with a nuclear reaction. It takes real work to make raw unfinished ideas and make them usable.

      Yup, and it is that kind of "real work" that was patented when it came to the gasoline engine.

    3. Re:prior art by drinkypoo · · Score: 2, Interesting

      Personally, I would like a windowing system whose windows sank or rose to different levels, reordering themselves based on which applications had the most interesting content. Applications steal focus all the time so that wouldn't change anything; Perhaps in a system like this you could more easily enforce a rule about applications not stealing focus. The focussed application would always be pulled immediately to the top, with a title bar button provided to send it back to its rightful place in the hierarchy so you can get back to what you were doing. Windows could be scaled, dimmed, and made translucent to varying degrees to convey the impression of depth, up until the point when the retinal scanning interface becomes the norm, making it easy to project quality stereo images. (I hereby abdicate all copyright on this idea and place the concept in the public domain. That ought to take care of any of those pesky patents. Will someone please implement this now?) :)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  36. Not quite by davidescott · · Score: 1

    "Upon reaching a certain level of visual translucency, user input in the region of the window is interpreted as an operation on the underlying objects rather than the contents of the overlaying window." ie not eterm/aterm/any term since these always grabbed the input even if they were very translucent.

  37. ATI had it at least 2 years ago by braintartare · · Score: 1

    The ATI MMC allows you to manipulate the translucency of its TV window.

  38. 1998 by ink · · Score: 2, Informative

    Here's a screen shot I have from 1998: http://inconnu.isu.edu/~ink/new/linux/handogod_med .jpg

    --
    The wheel is turning, but the hamster is dead.
    1. Re:1998 by ink · · Score: 2, Informative

      Of course, Slashdot had to put a space in the URL; here's an actual link: Hand of God Shot. This was old-hat by 1998 as well; people had been running translucent windows for years prior to then.

      --
      The wheel is turning, but the hamster is dead.
    2. Re:1998 by c0d39uru · · Score: 1

      Where exactly do you see translucent windows ?

      --
      --#!
  39. Thorn in M$ Side by eroyce · · Score: 1
    Seeing as Microsoft has discussed adding this feature to Longhorn when it comes out in 2018, I'm guessing that they will help the patent office "wow, look what we found" find something to keep Apple from getting this patent. One of the few features still being included in Longhorn is their Aero/Aero Glass (sure sounds like a rip off of Quartz/Quartz Extreme) functionality.

    Ok, all sarcasim aside, we shouldn't be allowing patents like this, however I would sure love to see M$ have to license part of Longhorn from Apple :)

  40. A picture is worth a thousand words... by Chief+Typist · · Score: 1

    That's a lot of lawyer-ese for describing a translucent window -- something that you understand immediately when you see it.

    Can you imagine the description for the Exposé patent application? :-)

    It will be interesting to see if/how this affects the work Microsoft is doing on Aero in Longhorn (assuming the patent is even granted.)

    -ch

  41. This is sounding more like SCO and Linux by subzerorz · · Score: 1

    Sounds like SCO started a trend.

    --
    Subzerorz
    More Articles
  42. ATI by toasted_calamari · · Score: 1

    the ATI windows drivers allow you to do real transparency on your windows.

  43. RTFA !!! by emmavl · · Score: 2, Informative

    It's not a patent for visual translucency, but 'manipulative' translucency :

    If the contents of a window don't change for a preset amount of time the window becomes visualy translucent, but also all user input goes to the underlying (and now visible !) window ...

  44. Why Prior Art may be more difficult then you think by Anonymous Coward · · Score: 2, Interesting

    (take from MacSlash.com comments)

    "it's my understanding that apple has a powerful patent on the use of "alpha" channels. the claim is that alpha-channels were invented by the NeXT team back in 1988.

    apple of course now owns NeXT, which may explain why they think they can beat the prior art.

    K."

  45. Is this a joke? by Ben+Escoto · · Score: 1
    The very concept may be a joke, but I'm referring to this line from the application:
    [0043] Moreover, although the foregoing exemplary embodiments relate to the provision of graduated translucency in the direction of from opaque to translucent, those skilled in the art will appreciate that the graduated change in visual output can also be applied from translucent to opaque.
    Or does someone at Apple really think that only someone "skilled in the art" would realize that if opaque->transparent is possible then so is transparent->opaque.

    I guess before that insight all the windows gradually faded away and disappeared.
  46. Did CowboyNeal RTFA???? by Monx · · Score: 5, Informative

    Hey everybody, this is NOT a patent on translucent windows. It is a patent on fading windows. That's right, it covers windows that fade over time as their content remains static. Once their translucency reaches a certain point, they no longer receive focus from user input, instead it passes to the underlying UI elements.

    Imagine if your console log was set to full screen, but behaved in this manner. As long as nothing is logged the window gradually fades out and you can use your other windows. As soon as something is logged it becomes more opaque and accepts user input again.

    I suppose more people click on patent articles if they sound ridiculously easy to find prior art for or otherwise abusive, but this one actually sounds innovative.

    1. Re:Did CowboyNeal RTFA???? by Jeff+DeMaagd · · Score: 4, Funny

      Heh, this is Slashdot.

      I'm not sure Slashdot editors ever RTFA, if they do, those that do never apply critical thinking about the subject at hand. Slashdot editors don't really even edit much either, it seems. The best most of them do is pick of which stories to post a dupe.

    2. Re:Did CowboyNeal RTFA???? by js3 · · Score: 2, Insightful

      it's as dumb as patenting the fading of music as the next song is about to be played. In the process of setting the translucency of a window you will still move the translucency over a certain amount of time no matter how small that time is. Whether it is done automatically or by scrollbars THIS IS NOT SOMETHING THAT A COMPANY SHOULD BE ALLOWED TO PATENT.

      --
      did you forget to take your meds?
  47. here's what you're searching for by pohl · · Score: 5, Informative
    Everybody RTFP so that you know what you're actually hunting for. Finding a translucent window isn't quite enough...

    Methods and systems for providing graphical user interfaces are described. overlaid, Information-bearing windows whose contents remain unchanged for a predetermined period of time become translucent. The translucency can be graduated so that, over time, if the window's contents remain unchanged, the window becomes more translucent. In addition to visual translucency, windows according to the present invention also have a manipulative translucent quality. Upon reaching a certain level of visual translucency, user input in the region of the window is interpreted as an operation on the underlying objects rather than the contents of the overlaying window.

    Yes, software patents are evil...so lets do the right thing and not claim that every transparent xterm hack qualifies as 'prior art'.

    --

    The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

    1. Re:here's what you're searching for by SquareOfS · · Score: 1
      I'm not really sure what your final point is, but on the "software patents are evil" bandwagon, the badness here is that once we have the transparent xterm, I think making transparency a function of time and user input counts as "obvious" to a practicioner of the art, hence un-patentable.

      I could possibly see a defense for patents related to alpha-transparency implementations, either in firmware or at the OS level -- possibly.

      But the use of an extant feature in designing UIs I think should generally count as obvious.

      And that's the real problem with SW patents -- we don't have a currently useful standard for the obviousness of software innovation, which leads to abominations like the 1-click patents. SW patents, with a correct obviousness standard, might not necessarily be evil -- though they would of course be a hell of a lot more rare.

    2. Re:here's what you're searching for by binarybum · · Score: 1

      ughh.. this sounds even more annoying than a screensaver coming up during a DVD.

      --
      ôó
    3. Re:here's what you're searching for by mindstormpt · · Score: 2, Informative

      fma uses time-dependent translucent windows. Enough?

    4. Re:here's what you're searching for by Fulkkari · · Score: 3, Interesting

      Sounds like a new feature to be included in the next Mac OS X, 10.4 Tiger. Interesting to see what Apple has come up with this time.

      --
      I demand the Cone of Silence!
    5. Re:here's what you're searching for by pohl · · Score: 1
      I don't think my point is any different from yours. It's just that the standard for invalidating the patent requires

      two or more references that when combined show all of the features of the claimed invention and indicate that one of ordinary skill would make that combination. *

      So we need a bit more than references to transparent terms and rounded MP3 player winows in order to meet that standard.

      --

      The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

    6. Re:here's what you're searching for by drinkypoo · · Score: 1

      Is that an Apple "feature"? Never happens on my windows systems (though in recent months I've just disabled screensavers and I turn my power-sapping 19" monitor off when I'm not using it for any length of time.) And, I've been playing DVDs on PCs since before they had enough horsepower to decode them in software and scale them at the same time, as I had a decent job back then and I threw some cash at a Creative DXR2 kit.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:here's what you're searching for by pohl · · Score: 1
      Enough?

      Obviously not, if you read the quoted text:

      In addition to visual translucency, windows according to the present invention also have a manipulative translucent quality. Upon reaching a certain level of visual translucency, user input in the region of the window is interpreted as an operation on the underlying objects rather than the contents of the overlaying window.

      There's more to the text of the patent application than mere time-dependent translucency. I know, I know...not much more, but enough to strike impotent any prior art claims.

      --

      The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

    8. Re:here's what you're searching for by SquareOfS · · Score: 1
      Depends on how you define a feature, I suppose.

      There's a way of looking at the evidence that says that Turing machine has all the "features" that could ever be patented in software.

  48. Glass2k by Perdo · · Score: 0, Offtopic

    http://www.chime.tv/products/glass2k.shtml

    Prior art, cut-n-paste

    Featured in a slashdot article

    http://slashdot.org/articles/01/11/25/233238.sht ml

    Novemer 26 2001

    3 years Prior art.

    --

    If voting were effective, it would be illegal by now.

  49. Semi-Transparent by pipingguy · · Score: 1


    Some nVidia software does this and some guy here wrote a program to create the effect.

  50. MOD PARENT UP by Anonymous Coward · · Score: 0

    Finally, after 60 posts, someone RTFA....!

  51. Winamp by John.P.Jones · · Score: 2, Insightful
    Winamp has had this for years.

    Applying more and more sophistocated graphical rendering techniques to graphical user interfaces should not be patentable. The reason they weren't used twenty years ago isn't that NO ONE thought of it, its because of performance advances since then.

    How unique is software in being incumbered by BOTH patents and copyright?

  52. IANAL by Neophytus · · Score: 1

    But isn't all that matters how early Apple had translucent windows? Rather than digging up every app under the sun from the last two/three years could someone find the first Apple produced piece of software capable of handling this.

    1. Re:IANAL by akeru · · Score: 3, Interesting

      Nope, even if Apple had translucent windows before anyone else, they would have had to apply for a patent on the technique within 1 year of public release or even that is valid prior art for the current patent. Of course, as another poster said, they aren't simply patenting translucent windows (well, not entirely clause 26 is), but fading out windows over time. One of the comments on that page also pointed out that this is out virtually every On Screen Display menu works. And even that is bloody obvious to someone mildly skilled in the art.
      And "spring loaded folders" I don't know how many times the topic has come up on the nautilus devel list by non-coders who have no idea that such a feature is implemented on the Mac. So not only is that particular patent obvious to a practitioner of the art, but to a complete novice in the art. Stupid USPTO.

      --

      Let's hope that there's intelligent life somewhere out in space 'Cause there's bugger-all down here on Earth.

    2. Re:IANAL by tonythepony · · Score: 1

      Its not a matter of when Apple first had the "invention" - but you're right that its not the application date either. In the United States there is typically a grace period that Apple gets - meaning that prior art would have to be from a year before Apple's application in order to invalidate the patent. In some instances the grace period is less (or none at all) depending on the form of the prior art - but if you can go back a year you've definitely gone back far enough for prior art.

    3. Re:IANAL by Anonymous Coward · · Score: 0

      iAnal? Is that the new teledildonics peripheral from Apple? I couldn't find the relevant patent information...

  53. Uh, well by Anonymous Coward · · Score: 5, Insightful

    Last I checked the anger around here doesn't seem to be outrage at companies holding patents. It's outrage at companies using patents.

    Apple patents practically everything they work with but very, very, very rarely uses any of these patents. In fact if you look at their intellectual property actions, some of them are kind of morally dubious but they almost never involve patents. Even when they're making legal threats against things which actually violate patents they hold-- for example, Aqua skins for other OSes-- they tend to choose to base their legal complaints on means other than patents, other forms of intellectual property.

    Since history shows that Apple tends not to use patents they hold, I don't see any problem with them holding a bad patent. This is probably just the old "defensive patent" technique, where someone patents something just to make sure no one else can claim it was stolen, or to build up a "patent shield".

    Of course, it's very easy that someday all the big software companies could choose to start using their defensive patents offensively, and the patent shields would become a shieldwall blocking any small companies from entering the business. But at the moment that's just a hypothetical, and Apple has no more or fewer frivolous patents than any other large software company, pretty much. We don't get pissy at those other such companies, for example IBM. Therefore not getting pissy at Apple would appear to be the consistent thing to do?

    But the prior art search is still a good idea! It's good to have these things as clearly documented as possible in case spurious claims ever did wind up happening.

    1. Re:Uh, well by mdwh2 · · Score: 1

      I'd say it's a lot more dangerous if a company doesn't actively defend there patents, as a result everyone uses them, and then later on there's the very real possibility of them trying to sue everyone in ten or twenty years. GIFs and hyperlinks, anyone?

    2. Re:Uh, well by Anonymous Coward · · Score: 3, Interesting

      Well the general idea is that Apple isn't abusing their patents from ten to twenty years ago either, despite almost certainly having the capability to do so.

    3. Re:Uh, well by dhovis · · Score: 5, Interesting

      for example, Aqua skins for other OSes-- they tend to choose to base their legal complaints on means other than patents, other forms of intellectual property.

      Actually, in the case of the Aqua skins, I believe Apple's complaints had to do with copyright and trademark, not patent. In fact, I think the Aqua skins that they C&D'd were ones that actually copied the bitmaps of the elements directly from the files in MacOS X, which is pretty clear copyright infringement. I believe that Apple doesn't care if people try to recreate the Aqua look on their own, they just don't want people copying their files.

      --

      --
      The internet is the greatest source of biased information in the history of mankind.

    4. Re:Uh, well by Anonymous Coward · · Score: 0

      Actually, in the case of the Aqua skins, I believe Apple's complaints had to do with copyright and trademark, not patent.

      Yes, that was what I was trying to say. Maybe I was unclear. That was meant to be a trivial example of something which Apple could have persued on a patent basis, but instead chose to persue on a different (trademark/copyright) basis. Apple actually patents their themes. All of them. Seriously. I can't think of a good reason for this, but they do.

    5. Re:Uh, well by SilentChris · · Score: 1

      They may not file lawsuits regarding patents very often, but Apple has a very active (and frightening) legal team. Think of all the times Apple's *fansites* (for crying out loud) were sent Cease and Desist letters for publishing new Mac photos one day early. This was also the same legal team that managed to get pPod off the map before the interface patent even came out. That's pretty powerful.

      Personally, I don't think Apple would stand a chance getting this patent (I posted prior art in another comment). But in this world, they probably will. I'm patenting "the process of holding down one mouse button and clicking another" next.

    6. Re:Uh, well by ad0gg · · Score: 2, Interesting
      Last I checked the anger around here doesn't seem to be outrage at companies holding patents. It's outrage at companies using patents.

      WTF website your been reading? Any time there's article about microsoft filing a patent, people go on a rampage. When was last the time you saw MS use their patents? Most of the large companies file defensive patents, IBM, Microsoft, Sun etc. Yet slashdot gets all stir crazy whenever its microsoft.

      --

      Have you ever been to a turkish prison?

    7. Re:Uh, well by Anonymous Coward · · Score: 0

      Apple launched a huge patent suit against Microsoft in the 1990s. Of course if it is MS, it's probably not "abuse" around here.

    8. Re:Uh, well by Anonymous Coward · · Score: 0
      Last I checked the anger around here doesn't seem to be outrage at companies holding patents. It's outrage at companies using patents.

      Then you haven't been checking very hard. Plenty of anger around here for companies just holding patents. Especially if the name is Microsoft.

      Since history shows that Apple tends not to use patents they hold, I don't see any problem with them holding a bad patent. This is probably just the old "defensive patent" technique, where someone patents something just to make sure no one else can claim it was stolen, or to build up a "patent shield".

      This point has been brought up practically every time MS applies for a new patent on something and it still doesn't stop the Linux weenies from going crazy about MS using them to take down competitors. Given that I haven't seen the same level outrage at Apple on this I would say that the parent poster is right.

    9. Re:Uh, well by njcoder · · Score: 1
      "But at the moment that's just a hypothetical, and Apple has no more or fewer frivolous patents than any other large software company, pretty much. We don't get pissy at those other such companies, for example IBM. "

      Maybe we should. IBM makes about $1 billion dollars a year in licensing fees from it's patents. In addition to using it's patents to strong arm smaller companies into cross licensing deals.

    10. Re:Uh, well by Cpyder · · Score: 1
      When was last the time you saw MS use their patents?

      "December 3, 2003" (Their patent on licensing the FAT file system)

      I recently had the pleasant opportunity to debate with the local technical manager of Microsoft, about legislation mandating open standards use by governements. Their argument was that they now publish their xml specs for office documents.

      While this is true, often-used features (by companies) like macro's aren't 'open', and they have applied for patents on xml documents. This makes it legally dangerous to implement import and export filters.
      Luckily software is not yet patentable in Europe, but Microsoft and the BSA are lobbying very hard to make this possible.

      Two of his arguments made me laugh in his face (while he was a nice guy, it's hard to stay friendly and serious when he blatantly lies in your face):

      * 'We are not litigious'. My response: Lindows will be glad to hear this. His response: silence
      * 'We are only patenting this things out of self defense, to avoid Eolas-like situations.' My response: then why don't you define a patent policy like Redhat, then why do you state you want to get more revenue from your patents?. Without a patent policy like Redhat's, I think it's irresponsible for governements to rely on proprietary formats as long as this software patents are hanging like a cloud above our heads.

      (just my 0,02 off course)

    11. Re:Uh, well by Anonymous Coward · · Score: 0

      If that were true, people wouldn't complain about Microsoft's patents. I don't know of a single instance where Microsoft used one in the marketplace for anything other than cross licensing.

    12. Re:Uh, well by theshowmecanuck · · Score: 1
      What if another company down the road buys Apple. Then, in an SCO-ish way, starts law suits as a money making venture. The point is, even if Apple doesn't attack eveyone with patent lawsuites now, it doens't mean in the future they won't.

      It would be better if Apple just started using the technology without patenting it. Then if in a few years from now a company were to try patenting it, there would definately be prior art.

      So if there is no monetary motive involved, then there is no need to patent it. However, I would guess there is likely a monetary motive involved.

      --
      -- I ignore anonymous replies to my comments and postings.
    13. Re:Uh, well by Halfbaked+Plan · · Score: 1

      I believe that Apple doesn't care if people try to recreate the Aqua look on their own,

      I believe that Apple cares deeply when people copy their look and feel. However, they had that particular tentacle chopped off in the Look-n-feel suits, which they lost.

      --
      resigned
    14. Re:Uh, well by mdwh2 · · Score: 1

      You miss the point - that one is totally reliant on trusting a faceless corporation. I'd rather not risk that at all, thanks. Personally I don't have much faith in a company that thinks you can "own" the look of a user interface.

      BT waited 24 years before making their patent claim, so your 10-20 year claim of Apple doesn't show anything.

    15. Re:Uh, well by senahj · · Score: 1

      = When was last the time you saw MS use their patents?

      Yust yu vate.

      --
      Wait a minute. Didn't I say that on the other side of the record? I'd better check ...
    16. Re:Uh, well by drunkenbatman · · Score: 1

      I believe that Apple cares deeply when people copy their look and feel. However, they had that particular tentacle chopped off in the Look-n-feel suits, which they lost.

      Specifically to the look-n-feel suits, which mostly involved a specific company that starts with an M, these suits were lost not because of grounds but because of legal blunders where they essentially gave away the usage to a specific company that starts with an M. For awhile it was sort of standard example in some schools on what can happen if your lawyers aren't careful.

  54. Windows support for transparent windows by zero-one · · Score: 1

    Any window on Windows 2000 or later can be transparent; see the documentation for SetLayeredWindowAttributes. It is a nice feature and some programs use it but it can be very slow.

    1. Re:Windows support for transparent windows by Anonymous Coward · · Score: 0

      So let me see what happens if i change the transparancy with a variable in a loop.

    2. Re:Windows support for transparent windows by zero-one · · Score: 1

      Apple sue you.

  55. Weird X by james+b · · Score: 1, Offtopic

    Weird X could do translucent windows back in 2000 - and this is real translucency, where 'covered' windows keep updating visibly, even through multiple layers of cover.

    I actually ran this for a while, until it drove me crazy :).

  56. Been using it since about 1997 or so. by Jammet · · Score: 1

    Atern as well. Even some hacked version of rxvt.

    --
    Leopard cub
    1. Re:Been using it since about 1997 or so. by Anonymous Coward · · Score: 0

      And those windows would get more and more translucent, the longer the contents remained unchanged, until eventually if you clicked in them you'd be working in the background, rather than the foreground window?

      Because that is what Apple patented, not the idea of translucent windows...

  57. Prior Art: Stardock Apps by Prototerm · · Score: 1

    Stardock's GUI interface makeover applications (for Windows 98, 2000, and XP) have allowed various translucent window effects (like making a window translucent while dragging) for quite a while now, certainly before Apple filed the patent.

    --
    "My country, right or wrong; if right, to be kept right; and if wrong, to be set right." --Senator Carl Schurz (1872)
  58. Didn't Amiga have this? by Anonymous Coward · · Score: 0, Troll

    But it has to be on a gay computer to count. Right? Amiga wasn't a gay computer.

    1. Re:Didn't Amiga have this? by Anonymous Coward · · Score: 0

      well, when you consider that its old name was Amigay... who knows..

  59. Novelty not there. by eddy · · Score: 1

    Who cares? It's not NOVEL!

    The only reason most implementations of 'transparency' isn't 'real' (only one layer and/or non-realistic blending and/or not affecting certain surfaces (such as video) is because the CPU/GPUs haven't been fast enought to implement it, not because no-one thought of it.

    I assume they're trying to patent some particular implementation, and not the idea tough. If it's the idea this shit should be fucking ripped apart and pain administered.

    If it's a particular implementation it's just software patent (aka 'math') stupidity. Hmm.. thinking about it.. Yeah, that deserves the same treatment.

    --
    Belief is the currency of delusion.
    1. Re:Novelty not there. by Wavicle · · Score: 2, Interesting

      The only reason most implementations of 'transparency' isn't 'real' (only one layer and/or non-realistic blending and/or not affecting certain surfaces (such as video) is because the CPU/GPUs haven't been fast enought to implement it, not because no-one thought of it.

      Very true. In 1999 (.com boom heydey) the company I was working for hired a graphic design company to come up with a new "look" to our product. The designs that came back looked kind of average, but notably included windows with alpha blended backgrounds. Since I was the lead Human Interface / User Interface guy, it fell on me to prototype the design.

      IIRC I just extended JInternalFrame and used Graphics2D's alpha-blended drawing capabilities. It took me maybe two hours from when I started thinking about it until I had a working demo.

      It didn't seem that novel at the time. I don't know of anybody else who did it. But it didn't make it out of the prototype phase because, well, Java - at least back then - was dog slow at doing this sort of image processing.

      This isn't exactly what apple patented, but I know at least 5 years ago I was toying around with the idea but stopped for exactly what you said: The CPU just wasn't fast enough.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
  60. Prior art on Sourceforge... by Anonymous Coward · · Score: 0

    At least for Windows, there's prior art. The project dates at least one year ago, I'm not sure it supported translucency from the beginning, but it's there at least since 0.92 (for Win2k/XP, all the windows can be forced to have a configurable level of transparency). Disclaimer: not affiliated with the project, just a happy user... :)

  61. Read the application. by Phanatic1a · · Score: 4, Insightful

    This isn't simply "translucent windows." Hell, you can do that in WinXP and 2000 with third-party software. This is different:

    "Information-bearing windows whose contents remain unchanged for a predetermined period of time become translucent. The translucency can be graduated so that, over time, if the window's contents remain unchanged, the window becomes more translucent. In addition to visual translucency, windows according to the present invention also have a manipulative translucent quality. Upon reaching a certain level of visual translucency, user input in the region of the window is interpreted as an operation on the underlying objects rather than the contents of the overlaying window."

    If you're going to go looking for prior art, that's what you need to find: windows that become more translucent as more time passes where you're not doing anything to them, and that eventually become so translucent that when you go to click on them, you're instead able to click on desktop objects behind the window.

    While I don't think that this is particularly deserving of a patent, it is neat, and so far as I can tell, novel. It's not just "translucent windows."

    1. Re:Read the application. by Frambooz · · Score: 5, Informative
      I've used an application (Jeskola Buzz) that had an extention that determined the translucency of windows based on their history.

      Jeskola Buzz is a program that allows you to create music, so usually you have 5+ sub-windows open with all the controls for your synths, samplers and effects. The most recent window was fully opaque, whereas the window that had been open for the longest grew more translucent every time a new subwindow was opened. Time was not taken into account, and when clicking any subwindow (even the almost fully translucent ones) put them on top of the stack, making them fully opaque again.

      Closest thing I've seen to this.

      --
      No encryption can withstand the power of the Lucky Guess.
    2. Re:Read the application. by advance512 · · Score: 3, Informative

      Microsoft Outlook 2003 has time-dependant translucent windows which notify you of new incoming mail messages. You can move your mouse over the window, causing it to be opaque - or you can move the window out and allow it to slowly become more and more transparent, eventually disappearing. This window also contains delete, open and flag message (IIRC) option buttons.

      Not sure if this completely corresponds with the "Upon reaching a certain level of visual translucency, user input in the region of the window is interpreted as an operation on the underlying objects rather than the contents of the overlaying window." part of the patent request. More over, I am not even sure if this is prior-art - whether Apple had this before Microsoft or not.

    3. Re:Read the application. by mrpull · · Score: 2, Informative

      Trillian has an option to "Fade alert windows out (uses transparency)". The Trillian popup notifications fit that description very well.

      mr.

  62. MOD PARENT UP by Anonymous Coward · · Score: 5, Insightful

    Yes, someone who RTFA!

    For crying out loud, they are attempting to patent a very particular behavior of a window. One that I have NEVER seen used in an OS or app before, so I doubt you will find prior art specific enough to invalidate the patent.

    This does do something interesting though... give people a peek into what is coming up in MacOS X 10.4

  63. Win 2K by milsim · · Score: 2, Informative

    That's right, Win2K had it at least since 1999, and I'm absolutely sure there are much earlier examples.

    1. Re:Win 2K by Anonymous Coward · · Score: 0

      ROFLMFAO! Windows 2000 had it since 1999... LOL - this one should be modded funny, not score 1!

    2. Re:Win 2K by Anonymous Coward · · Score: 0

      Ever heard of the concept of beta testing?

      Or do you think Windows 2000 just wrote and released itself on Jan 1, 2000?

  64. Stardock / Window Blinds by Courageous · · Score: 1


    Brad Wardell of Galactic Civilizations fame has another product called Window Blinds. Window blinds has been doing this for years and years.

    C//

  65. HOW-TO: Deal with patents: by Anonymous Coward · · Score: 0

    1. Ignore them. Don't look for patents, or prior art or whatever
    2. Release your code under GPL. Since you don't know of any patents, you are OK to release it
    3. When and if anyone complains:
    3a) You as an individual has made exactly 0 profit of it, and had in good faith not believed it to be patented. It's likely to be a slap on the wrist at most.
    3b) Anyone else has gotten it in good faith from you. It'll be like a book publisher getting sued bcause an author infringed on another work. They'll have to stop infringing, but otherwise it'll probably be a slap on the wrist.
    4) Just keep going as if software patents never existed.

    Companies build patent portfolios to protect against patent lawsuits. The OSS community can't do that, what we need to do is to not give them any target worth pursuing. That Redhat distributed package X with code Y taken from project Z origianlly written by person A modified by person B shouldn't be much of a liability to Red Hat.

    Kjella

  66. Windows 2000+ by 0x20 · · Score: 1

    All versions of Windows since 2000 have supported them. They're known as Layered Windows and are manipulated through the SetLayeredWindowAttributes API.

    For example, see this article.

  67. The feature they are patenting is not.... by voss · · Score: 3, Insightful

    translucent windows. Its a system where windows become more translucent as time goes on, and you can actually work with the window underneath.

    This is not obvious, and simply having windows that are translucent probably not violate this patent.

    Translucency is simply a color modification is not patentable. What they are talking about is a process for adaptive translucent windows that alter not just appearance but condition as well.

    That being said...most software patents suck.

  68. Everquest by blunte · · Score: 3, Interesting

    I hate to offer this as prior art, but Everquest has had time-dependent transparency for over a year. I personally think it's a pain in the ass, but it works.

    You mouse over a window and it becomes however opaque you want (based on your settings). Then if you move your mouse off the window, after a user-defined period the window becomes as much more transparent as the user has defined. Defaults were something like 100% opaque, then after 5 seconds, 50% transparent.

    There's probably prior prior art, but I don't know based on time.

    There was a tool for Windows called Vitrix or something that would allow the user to easily set transparency, but now I can't find it. And it wasn't time-dependent.

    --
    .sigs are for post^Hers.
    1. Re:Everquest by Marc2k · · Score: 1

      easily set transparency?

      Goddamn, that was hard.

      Also, the time-dependency is key to their patent, transparency is nothing new, they're adding the time-dependent part as a "feature", making it novel and unique, or at least that's what they're claiming.

      --
      --- What
    2. Re:Everquest by emilng · · Score: 2, Informative

      The difference is that in Everquest you can't click through the window to whatever is behind the window say if the window becomes less than 50% transparent whereas that's what the Apple patent covers. It's a small but significant difference.

    3. Re:Everquest by blunte · · Score: 2, Interesting

      Ahh you're right, I missed that detail.

      Of course, with my pretty extensive experience dealing with "typical users", I can tell you it's a disaster waiting to happen. I think Apple is totally going the wrong direction in terms of usability if they plan to make that a common feature. Many users still can't understand resizing and above/below placement.

      Now, if they make that patent THAT specific, great. Really it should be "you can click thru windows that are X% transparent" and that be it.

      --
      .sigs are for post^Hers.
    4. Re:Everquest by oproot · · Score: 0

      man.. ive coded this same style of trancparency myself in vb.net within the past year.. apple REALLY should NOT be allowed to patent this.. lame!

      -oproot

    5. Re:Everquest by heliosnorf · · Score: 2, Insightful

      "I hate to offer this as prior art, but Everquest has had time-dependent transparency for over a year. I personally think it's a pain in the ass, but it works."

      However, Mac OS X has been out (with transparency) since the public beta in Sept. of 2000, which is more than four years ago (nearly five now).

      I do remember an extension for Mac OS 9 which made transparent windows however, and this was way back in 1995 or 1996 - something like that... Don't remember what it was called.

      --

      "A good traveller has no fixed plans and is not intent on arriving." -Lao Tzu
    6. Re:Everquest by emilng · · Score: 1

      As far as usability goes - They'll either have usability testing and figure out a way to make it useful if they haven't already, bring it to market regardless of how bad it is for usability or they're just going to sit on it and possibly make a case with it if anybody else tries it.

      I wonder if they have a patent on those awful puck mice?

    7. Re:Everquest by angle_slam · · Score: 2, Informative

      If they've been using it for 4 years, that means that patent is invalid (you have to patent within one year of public use).

    8. Re:Everquest by ratsnapple+tea · · Score: 1

      You have to file within one year of public use. The Apple patent was just granted--far from the same thing.

    9. Re:Everquest by blunte · · Score: 1

      Windows API has provided a way to set transparency since Windows 2000, if I remember correctly.

      The issue was having something automatically change transparency based on some factor like time. OSX didn't do it, and Windows didn't do it.

      But Everquest did do it. However, as someone else pointed out, EQ did not allow you to click thru the less-than-50% windows to the ones below them. Neither OSX nor Windows currently allow that either.

      --
      .sigs are for post^Hers.
    10. Re:Everquest by Anonymous Coward · · Score: 0

      From the blurb, "on May 13, 2004, in which Apple filed a patent application". Where does it say that they were granted the patent?

    11. Re:Everquest by ratsnapple+tea · · Score: 1

      How about quoting the whole phrase instead of picking out specific words to completely change the meaning? "... US Patent Application No. 20040090467, published on May 13, 2004, in which Apple filed a patent application..."

      Besides, since when could you ever trust the blurb?

      A patent, once filed, is kept secret until it is granted, upon which it is published. If it is not granted, it is not published. That's just the way it works.

    12. Re:Everquest by deanj · · Score: 1

      But they only filed in in October of 2003; they had to file within one year of it being shown in public.

      This patent shouldn't have been granted just based on that.

    13. Re:Everquest by angle_slam · · Score: 1
      Why don't you just read the publication? It was filed on November 5, 2003 and published on May 13, 2004.

      Due to recent changes in the patent laws, patent applications are published before they are granted (usually 18 months after being filed, though various circumstance may result in an earlier publication, or no publication at all. But the default is 18 months after initial filing.)

    14. Re:Everquest by ratsnapple+tea · · Score: 1

      Oops, I didn't know that. Thanks for the correction.

  69. prior arts by Anonymous Coward · · Score: 0
    PyUT Changelog:

    The 0.8 release includes many improvements including keyboard navigation, cleaner drawing, a re-designed default theme, text wrapping, GUI callback events and the re-introduction of transparency . The stability and maturity of PyUI have advanced greatly since the 0.7x releases thanks mainly to the code contributions from Peter Freese.

    cvs date of 0.7: 2001-09-18 17:26
    PyUI - Home Page

  70. This story is pure FUD by drinkypoo · · Score: 5, Informative
    Mod parent up, and mod submitter of the story and approving editor (Hi, CN!) down. This is not about translucent windows, it's about translucent windows used in a certain specific way. It's going to be a lot harder to find prior art for this one.

    jpkunst, I know you were in a hurry to get a story submitted to and accepted by slashdot. I can imagine the scene now; Palms moist, you rush to type a compelling, FUD-spreading (same thing, around these parts) story which will be sure to get your story accepted! And in your mad rush, you don't even bother to read the patent application. If you're going to link something, you should really read it in its entirety to find out if it contradicts your story.

    If you want to complain about Apple patenting translucent windows, perhaps you should examine U.S. Pat. No. 5,949,432, entitled "Method and Apparatus for Providing Translucent Images on a Computer Display", which is referred in Patent application 20040090467 (your link.) This patent was granted September 7, 1999 (filed April 11, 1997.) That appears to be a patent on software transparency by blending layers done by the CPU, which is to say it does not compete with hardware transparency.

    True laziness is a virtue. Your brand, however, leaves something to be desired.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    1. Re:This story is pure FUD by KingJoshi · · Score: 3, Interesting

      To focus on whether they're patenting translucent windows, or time-dependent translucent windows misses the point!

      It's almost like someone saying, "They're not patenting priority-queues, they're only patenting priority-queues that are sorted by integer value which holds when the job started." Oh great, that just makes it so much better. Yeah, I know there is a big difference between data-structures and specific implementation of some idea that uses multiple algorithms and data-structures. But you should still get the point.

      Copyright already covers specific implementations. The patents are unnecessary.

      I mean, you have DirectX and OpenGL as competing APIs and one of them gets vertex shaders, but then the other isn't allowed to. That'd just be retarded (again, even if my analogy is inaccurate, the point remains).

      As a computer scientist, I read papers regarding many ideas and algorithms on how people attempted to and did solve problems. I use their knowledge and I try to work off of it. The idea that some company or person can patent such a trivial difference is absurd.

      --
      In times like these, it is helpful to remember that there have always been times like these. - Paul Harvey
    2. Re:This story is pure FUD by SilentChris · · Score: 1

      Here's some examples. Should I post more?

    3. Re:This story is pure FUD by FlynnMP3 · · Score: 2, Interesting

      Totally agreed. When /. first started out, they seem to have a self impuned edict to be at least correct in the stories that were posted - regardless of the viewpoint.

      Now all it is push something onto the voracious readers to satiate their needling desire to comment about shit.

      The moderation system is a joke, people who feel the need to fill an empty desire to impress equally dipshitty people know how to abuse it. These things need to be tracked on a user by user basis and those users banned. But even worse is the god damn story editors. I read at +4 and the amount of garbage on this site has sky rocketed. The same jokes are recycled and only funny to the small community (such as it is) that is /. And the self deprecating 'humor' to favor mod points is equally annoying.

      Who in the hell in their right mind would pay to read this site is beyond me.

    4. Re:This story is pure FUD by servoled · · Score: 1

      I have anything that gets moderated as "Funny" automatically given a -4 modifier. It really helps to cut down on at the "I patent patents!" shit that for some reason gets modereated up every single damn time it is posted. I strongly suggest trying it.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    5. Re:This story is pure FUD by drinkypoo · · Score: 1
      You're right, copyright covers specific implementations - NOT methods of implementation. That's why Apple applied for a Patent - because it DOES cover the method.

      DirectX and OpenGL both have vertex shaders because if anyone had a patent on that it would be the company which came up with it. However, vertex shaders have been around since time immemorial, basically every 3d system has vertex shading because it's relatively easy and cheap in terms of what has to be done. Pixel shaders are the more current example, but they too are not patented, except for specific implementations thereof.

      I don't agree that it's absurd that you can patent a software technique. I think it's absurd that you can keep a patent on it for so damned long, though. Software patents should last a maximum of five years (I'm inclined to say three.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:This story is pure FUD by drinkypoo · · Score: 1

      I see one example, and that's Trillian. However, Apple's creation is probably specific enough (WRT being able to click right through the faded window) to where the USPTO will not consider it valid art - however, if that is the case, then it should also be sufficiently different to where their patent won't affect Trillian, for what that's worth.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:This story is pure FUD by Sarth · · Score: 1
      I mean, you have DirectX and OpenGL as competing APIs and one of them gets vertex shaders, but then the other isn't allowed to. That'd just be retarded (again, even if my analogy is inaccurate, the point remains).

      I like it.. "This is how it is, and even if its not, I'm still right."

      --

      ... and, so began, the legend of the Five-point Atkins Exploding Heart Technique!

  71. Neal: by Anonymous Coward · · Score: 0

    Thank you for posting a link to the b.s. MacObserver story text. In the future, don't you think that a link to the patent in question should be the primary focus of the story, with MacObserver or any other sites covering the story supplied as additional materials.

    Because if you do it this way, most of these idiots won't look past whatever MacObserver posts, which might not be true.

    Which is why you have a bunch of jack-asses trolling about different windows programs that made windows 'transparent'. Which isn't really what the patent is about.

  72. Mods, don't waste your points by 0x20 · · Score: 1

    I didn't read the article thoroughly enough. This is not the same thing.

  73. Stained glass! by SamSim · · Score: 0

    Try fifteen hundred years: Stained glass windows are translucent, are they not?

  74. RTFP? by Anonymous Coward · · Score: 0

    Read The First Post? ;-)

  75. transparent and loses focus by emilng · · Score: 1

    The novel part is the fact that the window doesn't just become more transparent, but also loses focus once it is past a certain point of transparency.

    1. Re:transparent and loses focus by eddy · · Score: 1

      So losing focus when fading out at (0..1) is novel.. when there are lots of applications which lose focus at [0,1]?

      I have a new idea for a patent, what about a patent on windows that close after a user-defined delay of X ms after having their close-button clicked, where X > 0. That's gotta be novel. After all, todays windows close immediately (. Adding user defined timing.. well, that changes EVERYTHING! .) ..oh! I know! How about fading out/replacing other GUI elements (input-boxes for instance) after a possibly user-defined idle time? (possibly accepting the input in the process).

      This is great. Now I can just enter my URL in the browser, wait two seconds (idle) and the field will fade out, leaving more room to display the contents I requested! Novel! Patent! Wohooo!

      --
      Belief is the currency of delusion.
    2. Re:transparent and loses focus by emilng · · Score: 2, Interesting

      There are applications that can turn transparent over time.
      There are applications that you can click through if they are transparent.
      If you can find an application that does both then go ahead and submit it as prior art otherwise as far as the patent office is concerned, it's a "novel" idea.

      BTW those ideas of yours are GREAT!

      *runs to go patent them*

  76. Apple deserves our support for this by chrism238 · · Score: 0

    Personally, I think it would be great if Apple develops technology to make Windows fade away.

  77. xterm and Trillian by Major+Bytes · · Score: 1
    Whatever version of xfree86 that came with Red Hat Linux 7.2 had transparency in the xterm it came with. It was very cool to have green characters floating over the black and white picture of astronauts exploring the moon.

    Unfortunately the transparency was either 0% or 100%, not "graduated", so the Apple patent is indeed different. Also the xterm transparency was fixed: Visual changes in windows under the focus window did not change. In effect a fixed image of what was under the focus window when the window was moved/opened was used for the background image of the xterm session window.


    Mentioned elsewhere in this discussion is Trillian. What makes this prior art IMHO is that it supports setting transparency in steps, so 100% is totally visible, 10% is a ghost-like near invisibility, with something like 90% being a cool effect that you'd actually want to try. (Transparency settings in Trillian 2.012 are under "advanced options" for some reason.)

  78. Simple solution to the patent problem by Anonymous Coward · · Score: 1, Interesting

    I see a simple solution to the patent problem:
    * license it or your patent will expire
    * if you allow a patent to be used for a public standard then your patent will expire

    Seriously. It would get rid of submarine patents like GIF and JPG and people who patent things defensively won't mind their patent expiring since it will be "prior art". It would also get rid of the patent portfolio trading that has allowed big players to lock out small inventors. Also, since you the "submarine" aspect is gone, there will be fewer patents and the ones that are filed will be contentested close to the time of filing.

  79. Taking bets on when the war begins by gsfprez · · Score: 2, Insightful

    Microsoft, IBM, and others have been stockpiling their software patents for years.. and now of late, it seems, that Apple has decided to join the fray.

    I just want to know when we're finally going to go nuclear (nuculer?) with the back and forth patent infringment suits - because that's when the shits really gonna hit the fan.

    And i wonder - has is not already begun? IBM, while clearly in the right wrt SCO and Linux begs the question... they "launched" a few tactical nukes in that little debate with their 8 or so patent infringment suits... while we cheer them on... should we not do so with a bit of trepidation?

    Software patents are screwy and stupid... and its not going to take much pushing and shoving for all hell to break loose...

    or is that for all lawyers to start raking in the dough as the cost of the judicial branch makes the US military budget look like a blip on the radar. We'll have to start cloning humans just to make enough lawyers.

    Do you think that it will be "Global Thermonuclear War", where one side who's far less defenseless as SCO will actually shoot back - and then everyone starts shooting at everyone with patent infringment suits? Or will it be more gradual?

    Either way... i think i should ditch this communications and networking gig, and go become a lawyer.... it soon may be the only actual viable non-outsourced job left in America by 2010.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
    1. Re:Taking bets on when the war begins by Famatra · · Score: 1

      "I just want to know when we're finally going to go nuclear (nuculer?) with the back and forth patent infringment suits "

      You musn't have hard of MAD. It would not be in these companies' best interests to sue each other into dustruction, so they won't.

      The problem is the open source community does not have many, if any, patents so all of the companies can sue them since they've no patents to use as deterrence.

  80. The patent isn't just the translucent windows by Anonymous Coward · · Score: 0

    Apple's patent involves the windows fading as they age, so your idle applications would be almost completely transparent, while the program you worked with 5 minutes ago would be easily visible.

  81. Mucho sux0rs by Anonymous Coward · · Score: 1

    That's an idea, not an implementation. Why can this shit be patented?

    Does this mean that they also 'own' the concept of a GUI element hiding after not having recieed any attention/events after some time? After all, that's just a special case (full opacity->full transparency) of fading out.

    In reverse, shouldn't this mean that any such prior implementation is prior art, since this is a special case of GUI element disappearing immediately.

    "Oooh.. let's make it fade out like those title screens in movies! ... or like those fading-to-black glenz-vectors in 90s amiga demos! This is such a fucking novel concept!"

  82. SUMMARY OF THE THREAD by Anonymous Coward · · Score: 0
    1. Slashdotters are not upset about or interested in IBM's massive portfolio of unused and potentially anticompetitive patents. Therefore, it is massive hypocrisy that they fail to immediately denounce Apple for doing the same thing! GROUPTHINK! FANBOYS!
    2. This patent has something to do with translucency. The enlightenment window manager, also, has something to do with translucency. That makes them the same thing, right? Open and shut case? I only read the article headline before replying.
    3. Goto 1
  83. Approval maintenance is a harsh mistress. by HedonismBot · · Score: 2, Insightful

    are we all going to change our stance because its Apple?

    Well, yeah. It's called reputation and it doesn't appear out of thin air; a company needs a good PR team and competitive products to earn it.

    Don't worry though, the system is self-fixing - if they annoy their customers beyond a certain point or start behaving like really bad kids, you'll get more Apple-bashing than you can handle. After all, and IIRC that was what happened in the pre-Jobs-comeback era, when the Apple is dying trolls ran rampant.

    --
    Sailors. Oh man!
  84. Translucent Windows! by Anonymous Coward · · Score: 0

    Sears now offers the opaque window, to avoid patent infringement on Apple Computers, Inc.

  85. RTFPA by Frogg · · Score: 1
    It's a challenge to find a non-Apple translucent window that isn't just a snippet of desktop wallpaper pasted in the background.

    ...indeed -- let alone a translucent window that fades with time, as described in the patent application.

    Sounds like quite a nice idea.

  86. A (not very) random sample of patents by zero-one · · Score: 1
    It is interesting to look at some of the other patents that are being filed. Here are a few from immediately before and after the Apple one:

    Pseudo-interactive input processing in wireless environments
    This appears to describe a hand held PC that can talk to a server now and then.

    Method and system for providing a secure multimedia presentation
    Seems to describe a secure file transfer system.

    System and method for automated creation of personalized poster
    This would appear to be an online poster ordering system.

    There seem to be a lot of IT related patents being filed. I wonder if there is an easy way of challenging them before they are granted (perhaps some open source enthusiasts who are not so much into writing code could start a project to challenge as many patents as possible before they are granted.

  87. So? That is not what patents are for. by CarrionBird · · Score: 4, Insightful
    It's a small (but useful) addition to an existing concept. The code itself is protected by copyright, so the only use for getting a patent for this is to prevent anyone else from advancing thier UI.

    Patents are supposed to be for specific implementations, not conecpts. In software specific implementations (the code) are already covered by copyright and trade secrets. Here it is being used to say that noone but Patentholder may make something that does X. Only in computing do we allow such control of concepts.

    What if everything was done this way? "Sorry FooCo has a patent on cars with three doors, you can't put that rear door on your truck." "Sorry BarCorp has a patent on methods of displaying text on a screen, you'll have to stick with the teletype or license from them."

    This is why software patents just don't make sense.

    --
    Free Mac Mini Yeah, it's
    1. Re:So? That is not what patents are for. by Monx · · Score: 5, Interesting

      I'm not a huge fan of software patents myself. I'm not 100% against them either, though. I just think they need to be better controlled. I don't think that its fair for someone to plunk down the cash (and effort) to do R&D and come up with a great idea only to have some one else rip it off. That's unfair.

      Imagine if you spent a year of your life developing a new task scheduling algorithm. You incurred expenses, etc because you were inventing and developing rather than working a 9-5 job. You donate this to Linux and the community loves you. Then Microsoft says "Hey, that's a neat idea" and implements it in Windows. They didn't copy it, obviously since the apis are different. Copyright offers no protection here.

      Another example: Apple pays some of its developers to solve a UI problem, namely how to display speech recognition confirmations without reducing the usable focus-space of the screen. These developers work hard and come up with the idea that was so poorly summarized by the editor who posted this article. Microsoft steals the idea and uses it to compete with Apple. What motivation does Apple have to continue innovating? If they think of something neat (spending money to do so) then their competition will just re-implement it but with out the burden of paying for R&D.

      Copyright is broken. It lasts too long and only protects against duplication of content, not of methods.
      Patents are the only other option. They need to be fixed too, but they are currently the only reason that companies can justify R&D spending. They are also the only way for inventors to reap a reward for their work. The patent system needs to be updated to fit better in a world in which implementing an invention can be done in digital form rather than the slower manual way, but some protection for inventors must be retained.

    2. Re:So? That is not what patents are for. by /dev/trash · · Score: 3, Insightful

      The horse is already out of the barn. Closing the door now, just looks silly.

    3. Re:So? That is not what patents are for. by Znork · · Score: 1

      Imagine if you spent a year of your life developing a new task scheduling algorithm. You incurred expenses, etc because you were inventing and developing rather than working a 9-5 job. You donate this to Linux and the community loves you.

      Then Microsoft says "Hey, that's our idea". They didn't develop it. They just patented the concept.

      Nothing offers any protection here.

      If you think of something neat, chances are someone will come after you and drag you through court for the rest of your money and your life, claiming they own what you invented.

      What motivation does that give anyone to invent anything or develop anything?

    4. Re:So? That is not what patents are for. by CarrionBird · · Score: 1
      Your first example doesn't seem likely or to apply here. If you are giving the process away for the good of everyone, what use is patent protection? (you are not getting paid either way) And what difference does it make if someone you don't like figures out how to implement your process, when you are giving it away anyway. (also I think linux distros would be hesitant to incorporate patented code, even if it is OSS licnesed. You may be nice with the patent, but who knows about your heirs? That kind of thing.)

      The second example, yes they spent resources to come up with this new idea. But MS also has to spend the resources to figure out how to do it (unless they do something otherwise illegial, like stealing the source) on thier system. It has always been the case that competeing companies try to develop thier own versions of thier competitors (successful) features. The company that does it first (Apple) usually ends up with some short term advantage regardless.

      The PC end of the industry was founded in cloning (not outright copying) what someone else first designed. Yet, this has not stopped innovation in the PC industry. It lead to a continual raising of the standards of what the PC should do. Companies have to keep innvoating because the advantage from thier past innvoations will only last for so long.

      The same thing has worked for Apple too. They have benefited from being the first to fully implement several technolgies, while the PC end plays catch-up. (USB, firewire, non-boring case design, we could go on...)

      Look at AMD vs Intel. Everything one of them does is one-upped in short order. Yet they still work at it.

      What motivation does a company have to try to produce something better when the whole industry is a minefield of concepts that you can't touch because someone else thought of them first? Perhaps software patents could be useful, but not in their present form.

      Perhaps a very short lifespan, give the inventing comapny a year or so of monopoly, then open it up. I can't help thinking we may be laying a legal minefield for others to inherit.

      --
      Free Mac Mini Yeah, it's
    5. Re:So? That is not what patents are for. by gargan · · Score: 1

      So shoot the horse, drag his carcass back into the barn, bolt the door shut, and burn down the barn.

      --
      Emory: Uh..we're still..beta testing that.
      Oglethorpe: What you're testing is me and my patience!
    6. Re:So? That is not what patents are for. by /dev/trash · · Score: 1

      Isn't that like saying "We had to destroy teh vollage to save it?"

    7. Re:So? That is not what patents are for. by gargan · · Score: 1

      well it was kind of a loose analogy but the idea was that this particular horse should never have even been born in this crazy barn turning out insane animals.

      the horse is software patents, and the barn is the uspto.

      --
      Emory: Uh..we're still..beta testing that.
      Oglethorpe: What you're testing is me and my patience!
  88. Existence alone is bad enough by Sanity · · Score: 5, Insightful

    The existence of a patent can have a chilling effect on innovation, even if you don't use it (would you build your house on a remote-control landmine - even if the person that planted it promised they wouldn't press the button?).

    1. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 5, Insightful

      The existence of a patent can have a chilling effect on innovation

      That is the most specious argument I've ever heard.

      The possibility of acquiring a patent, and thereby a guaranteed source of revenue, is what spurs innovation.

      I know that this is going to piss a lot of people off, but I'm gonna say it anyway because I believe it's true: the people doing the innovating, software-wise, are the people who are doing it for profit. Yes, there are exceptions; there are amazing and wonderful innovations that have arisen from people who were doing it just for fun. We even have a name for this kind of thing: "serendipity."

      But for the most part, the profit motive is what drives innovation. Patents are essential to that process.

      This whole "Send out the dogs! Begin the search for prior art! Kill the pigs! Fly, my pretties, fly!" thing is sickening. It's disgustingly hostile to people who work for a living to make new things, and it arises from nothing more than a misguided meme that ownership is immoral and must be stopped. It really bugs me, ya know?

      --

      I write in my journal
    2. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      I think Apple mainly wants it to have a chilling effect on Microsoft (and anyone else) copying Apple innovation. Because you know that in the years between now and Longhorn shipping, Microsoft will be stuffing as much shit as they can steal from OS X into it and attempting to pass it off as their own ideas.

      Apple's idea here is to cock-block Microsoft from "appropriating" things from OS X and exposing MS for what they are, a bunch of people with no original ideas. Ideally they'd like Microsoft's customers to take one look at Longhorn in 2007 or 2008, say, "We waited x years for THIS???" and actually investigate alternatives.

    3. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      The possibility of acquiring a patent, and thereby a guaranteed source of revenue, is what spurs innovation.

      We can point to specific and real evidence for the claim, "patents are used as a chilling effect against innovation".

      Can you provide the same for your argument? Remember, it has to be innovation from a source that would not have or would not have been able to do it without patent protection.

      Beyond this, there is a strangely missing huge step in your argument. You begin with the idea "a patent system is a moral and necessary function of a modern government", an idea you argue quite well. But then you jump immediately from there to "the current United States implementation of the patent-system concept is moral and necessary" without doing anything whatsoever to give your readers a good reason to believe this. Do you really believe these concepts equivilent?

    4. Re:Existence alone is bad enough by sydb · · Score: 5, Insightful

      ownership is immoral and must be stopped

      Ownership of ideas relating to software is immoral and must be stopped.

      The major barrier to entry in the field of software development is inherently intellectual, not financial. I don't need to spend money on scarce resources like raw materials and factories to produce software; I need time, a computer, and a brain. Therefore the natural initial outlay for software development is much lower than for the production of tangible goods.

      This means that the development of software is not inherently restricted to those with money - rich people, and companies.

      This is good for society - a wealth of intellectual commons is created, because it can be done by just about anyone with the motivation, time and know-how.

      Patents in software place an artifical barrier on software development, raising the bar to those with the money to license patents - rich people, and companies. This restricts growth of the intellectual commons, and restricts how people with the motivation can spend their time.

      --
      Yours Sincerely, Michael.
    5. Re:Existence alone is bad enough by Jerf · · Score: 4, Insightful

      The possibility of acquiring a patent, and thereby a guaranteed source of revenue, is what spurs innovation.

      This is the theory.

      It is shockingly short of evidence that it actually motivates anyone in the software industry, if you discount mere assertion like your post.

      The software industry was thriving before patents were allowed, and there's no particular evidence they help any actual innovaters now, either, except again, mere assertion.

      And you still don't answer the possibility that it both spurs and retards innovation... and given the lack of evidence that patents have helped anyone in the software domain (where by the time you have the patent it's old news anyhow), whereas the evidence of patents being used to quench innovation lies in nearly every lawsuit ever filed w.r.t. software patents (the majority of the large cases have been submarine patents, or patents for which the justification for the lawsuit boggles the mind), the bulk of the evidence would seem to be on the "quench" side.

      (Like the one-click patent, when Amazon sued B&N: Did B&N still Amazon's code in the night? The systems are more likely night-and-day different, to the point that experience on one would only be marginally useful in understanding the other, yet since Amazon apparently patented an entire concept, B&N had to stop using their one-click implementation. Note, in passing, this is another failing of the patent system in the software domain: Patents are supposed to encourage alternate implementations of similar things, but that's not possible in patents. See here for expansion on that point.)

    6. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      Apple has a history of using it's patents to threaten Microsoft into not cancelling MS Office for Mac. That's what the whole That was the crux of the whole 1997 MS-Apple 'alliance'.

      Of course, now Microsoft is playing the same patent game, where they weren't in the 90s.

    7. Re:Existence alone is bad enough by LMCBoy · · Score: 2, Insightful

      I for one have no objection to patents in general, but I do object to overly broad patent claims on software algorithms. Patent law is clear: you can't own an idea, only a specific implementation. Before the information age, this was a clear distinction. But with software, the difference is not clear at all. After all, any software implementation ultimately comes down to a series of ideas, expressed as computer code.

      For this reason, I believe it is inappropriate to allow patent claims on software; we should rely on Copyright law alone to protect those who innovate with software. These laws are sufficient to the task, and do not pose the risks of abuse that patent laws do.

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    8. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      Actually the 1997 "alliance" was not really about patents. There were several lawsuits settled at that time but what it mostly was about was a lawsuit in which several tens of thousands of lines of code were literally stolen from Quicktime by an independent contractor with access to the source code and mysteriously showed up in Video for Windows. I think most people would agree that in this case Apple had a much stronger claim, from a moral standpoint, than they would have with a software patent case.

    9. Re:Existence alone is bad enough by micheas · · Score: 1
      But for the most part, the profit motive is what drives innovation. Patents are essential to that process.


      Wrong, Most invention is not primarily driven by a desire to make money. Most invention is because there is a need to fill. Spreadsheets, were invented not so that the inventor could make money from a spreadsheet, but so that they could analyze business plans and do what if senarios and make money doing something besides the mental masturbation that is so common it tech companies. (The failure to grasp this is a possible explanation of why software companies are the least likely companies to last five years.)


      The existence of a patent can have a chilling effect on innovation


      That is the most specious argument I've ever heard.


      The existence of patents (owned by HP and Panatone) is why Photoshop is better than GIMP, for print work. Most CGI studios use Cinepaint, which is a fork of GIMP. So the argument is true in at least one case. Claiming that ILM and Dreamworks have devoted resources to Cinepaint because they are a bunch of hippies that don't care about money. Is a comment that is so nonsensical that I don't know where to start rebutting it.


      We live country that tries to use free markets as much as possible, and patents are the state granting monopolies, with the long term outlook being foreshadowed by the stellar success that this idea had in Communist Russia.

    10. Re:Existence alone is bad enough by roard · · Score: 4, Interesting
      The possibility of acquiring a patent, and thereby a guaranteed source of revenue, is what spurs innovation.

      Wrong. It's the idea, but it's not what actually happend. In fact, patents were NOT created to incite inventors to invent, because, face it, inventor invented things well before patents. Patents were created as a tradeoff with inventors, because at the time (industrial revolution), there was a big problem : inventors invented things, but kept the recipe secret, to have an edge over the competition. Thus, patents was a deal with governments : "give us the secret (the patent) and you'll have a state monopoly for a certain period". Patents were created so inventors explained their invention. Patents were NOT necessary as an incentive to innovate, but as an incentive to SHARE the discovery with the society.

      Now, in our modern world, you should perhaps understand that it's quite rare to have people looking for patents in order to understand a discovery. Nineteen century patents were wonderfully done, for most of them. Now patents are legal giberrish totally encrypted for a normal engieneer. In fact, in most companies, the motto is to NOT look at patents, for fear of legals battels. Explain to me then what's the goal of patents !

      Plus, in the case that interests us, it's not "normal" patents, but Software patents. With software patents we're in a totally different realm, the one of pure thought. Instead of describing a method of doing something, people now describe the idea of doing something. This shift is absolutely scary. Add that the fact that the application process is incredibly bad (many patents are accepted dispite prior art, or dispite an innovative part), and the fact that the software "industry" innovations works at the scale of months or a few year, not the twenty-something years awarded by a patent... And you have a BIG problem as a software engineer. Frankly, look at the actual history of software engineering and show me how many cases where a patent actually profited to the whole industry ? (and even if it could happend, is it worth the price ?) And, will you argue that the software industry perfectly innovated before software patents ?

      In fact, if software patents were 1) awarded by real experts 2) limited to say, 4-5 years 3) and submarine patents were illegal 4) and describe actually a method and not an idea, then, yes, perhaps software patents would be a good incentive to innovation (even if we innovate perfectly without them). But face it, it won't happend, and with their current state, they actually do more harm than good. I also fear something, if SP pass in EU, big companies will have a clear field, and I think that's when the situation will run amok.

      But for the most part, the profit motive is what drives innovation. Patents are essential to that process.

      Sure, but protifs rarelly involves patents.

    11. Re:Existence alone is bad enough by IamTheRealMike · · Score: 1

      Exactly - let's not forget the various different UI ideas Gnome and KDE have played with them abandoned because Apple specifically held patents on them. Simply the presence of the patent alone is enough to make it impossible to use a technique simply because Apple could at any point turn around and start charging money from it (oh, and they are quite happy to charge free software companies license fees btw)

    12. Re:Existence alone is bad enough by RichiP · · Score: 1

      What bugs me is your apparent lack of good judgment at picking a scenario to defend. First of all, do you think without patenting, these ideas that people create won't come up? That the guarantee of protection somehow inspires people to invent and innovate? While it certainly guards people's rights, I highly doubt people think about patents then get inspired to be creative.

      As for my reaction towards your choice of cases to defend: I'm sure you'll agree that you can't patent anything and any process under the sun (ie. 1,001 ways to make hors d'ouvres, best way to plant a tree, etc.) The reason a lot of people find patents a liability more than a boon is the fact that it's more often applied to spurious claims. In this case, we're talking about translucent windows! OMG! If this could be applied to the other definition of a window, companies could get sued for making stained glass windows, or tinted ones. Possibly even sunglasses.

      The only person who benefits from patents are the patent holders, not the consumers. There are people who invent things because they want to help humanity. If two people were to come up with the same idea around near the same time but with one wanting to patent and one wanting to contribute to the commons, I'd wish to God it was the humanitarian one.

    13. Re:Existence alone is bad enough by serviscope_minor · · Score: 2, Insightful

      This whole "Send out the dogs! Begin the search for prior art! Kill the pigs! Fly, my pretties, fly!" thing is sickening.

      No, it really isn't sickening, it's perfectly fair. If there is prior art, then they in NO WAY deserve the patent. If there is not, none will be found and they do deserve to get it. Really, what is the problem with that?

      --
      SJW n. One who posts facts.
    14. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      I'd agree, but most of the information about the QuickTime thing is hearsay and macinista rumors. What is known is that Apple & Microsoft signed a major Patent Cross-Licencing agreement.

      Furthermore, it estabilishes that Apple does use its patents for competitive objectives (such as MS Office support).

      Summary of the Apple-Microsoft alliance, because it was a while ago:
      + Patent Cross-Licence
      + Microsoft would support Office and IE for 5 years, port them to the next gen OS
      + Undisclosed payment to Apple
      + $150M in non-voting stock purchased by Microsoft

    15. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1, Interesting

      The major barrier to entry in the field of software development is inherently intellectual, not financial. I don't need to spend money on scarce resources like raw materials and factories to produce software; I need time, a computer, and a brain.

      Time costs money, either directly or through opportunity costs. Who's going to pay your rent while you sit around all day and gaze at your navel? Your computer and related resources obviously cost money: at the lowest level, even electricity is not free. And your "brain," i.e. your education, certainly cost you money. Have you paid off your student loans yet? If so, who gave you the money to do so? If not, where do you plan to get it?

      The barrier to entry in software, as in everything else, is financial. This will be true as long as time and effort have a dollar value associated with them.

      Therefore the natural initial outlay for software development is much lower than for the production of tangible goods.

      Perhaps, but it's definitely not zero.

      This means that the development of software is not inherently restricted to those with money - rich people, and companies.

      We can test this hypothesis. Look at the world around you. Where does most useful software come from? Companies. Yes, a good deal of software, some of it quite useful, comes from hobbyists, for lack of a better term. But most of it comes from commercial development.

      So no, the development of software isn't inherently restricted to those with money, but it is practically restricted to those with money.

      The good news is that there's nothing stopping you, for sake of argument assumed to be a person of little means, from getting the money you need. All you have to do is find a rich person and convince him that you've got a good idea. Because the world is chock full of stupid rich people, you don't even have to necessarily have a good idea in order to pull this little trick.

      All your talk about "intellectual commons" is summarily ignored. The idea is morally bankrupt, as has been discussed at exhaustive length elsewhere.

      --

      I write in my journal
    16. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1, Troll

      Most invention is not primarily driven by a desire to make money.

      Whatever, man.

      The failure to grasp this is a possible explanation of why software companies are the least likely companies to last five years.

      You might be interested to know that virtually no company lasts for five years, statistically speaking. Depending on which market segment you look at, between 80% and 95% of all new businesses fail to last through their first year, and the rate of attrition remains high after that.

      The existence of patents (owned by HP and Panatone) is why Photoshop is better than GIMP, for print work.

      It's not just Pantone's color technology. There are other reasons, too. RGB-to-CMYK color space conversion, for example, is not a patented technique, but Gimp still lacks that basic requirement. (It may have gotten it just recently; if so, the point still stands that it only got it just recently.)

      Most CGI studios use Cinepaint, which is a fork of GIMP.

      Not really. Most CGI studios use in-house tools. ILM, for example, uses a paint package called Sabre that has been under active development for years. Disney has DAPS. And so on.

      What this has to do with software patents, I don't know.

      --

      I write in my journal
    17. Re:Existence alone is bad enough by Fnkmaster · · Score: 3, Insightful
      Hmm, scarcity of resources is part of the equation, but it's not all of it. Computers are tools, like a machine shop or CAD design tool, and brains and skill are human resources.


      I should point out that the development of designs for many kinds of real-world products is not restricted inherently to those with lots of money either. If you have skills in mechanical engineering, designing a real-world patentable product is no harder than it is for a good software developer to code up any variety of software products - and they use the same tools you mention, brains and computers. A lot of people on Slashdot seem to think software development is inherently easier because they understand the process, and they don't understand other engineering processes. You don't need to actually manufacture anything to obtain a patent on a design for a physical product either (and yes, perhaps that should be a point up for debate too, but I'm talking about the way the system was designed from the outset).


      The real difference seems to be that other types of patents are usually subjected to greater scrutiny, AND critically that product development and release cycles outside of the software world are much, much longer (you can design products till the cows come home, but getting it to market and seeing if people want it takes much more time - getting software to market involves putting it up on your website, buying some ads, etc.). Software gets dumped on the market so fast due to the lack of need for machining, tooling, production line setup, and so on, that the industry is 10 steps ahead by the time a patent gets issued, and the ideas behind the patent were so broadly disseminated and used it's quite difficult to figure out who's ideas they even were in the first place. And if you could attribute ownership to them, what damage does it to the market to force lots of products already on the market off because Joe Schmoe happened to get his application to the patent office first (often seemingly patenting something he saw in some other software product or paper first).


      So instead of rewarding true innovation, software patents seem to reward patent squatters who track market trends, find a popular product that seems to be doing well, and then patent the innovations that product brought to bear whether or not they actually created that product. The creators, often as not, don't patent it themselves first because they don't perceive what they did as patentable. Then you get things like e-commerce or hyperlinks being issued patents that nobody knows about or takes seriously for years, such that an entire economy has been built around it which is put at risk, and many people's jobs and livelihoods can be ruined.


      Incidentally, I don't know if the solution is to get rid of them entirely. But clearly software patents are broken as they exist right now.

    18. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      In fact, patents were NOT created to incite inventors to invent, because, face it, inventor invented things well before patents.

      The Constitution of the United States gives Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Other legislative documents have similar ideas embodied in them.

      So yeah, patents were created to "incite" (what the living hell made you choose that word?) inventors to invent.

      Patents were created as a tradeoff with inventors, because at the time (industrial revolution)...

      Did you know that the steam engine, the invention that basically sparked the industrial revolution, was patented? It's true. James Watt improved on existing designs to create the first modern reciprocating steam engine in 1763, and was granted a patent for it. That patent didn't expire until 1800, by which time Watt and his business partner, Michael Boulton, had manufactured some 500 engines.

      So yeah, patents predated the industrial revolution by quite a ways. The tradition is usually traced back to the English Statute of Monopolies of 1623.

      Patents were created so inventors explained their invention.

      True. That's the beauty of the system. The system of which so many posters here call vehemently for the abolition.

      Now patents are legal giberrish totally encrypted for a normal engieneer.

      Oh, please. The fact that you struggle with basic literacy is not an indictment of the system, my dear friend.

      With software patents we're in a totally different realm, the one of pure thought.

      This is obviously not true; please remember that the creation of software requires education, time, a place to work, and equipment. None of these things is free. That cheese sandwich you had for lunch today? Not free. "Realm of pure thought" my ass.

      --

      I write in my journal
    19. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 2, Informative

      The only person who benefits from patents are the patent holders, not the consumers.

      Right! That's exactly the point! The purpose of a patent is to give a person or group the exclusive benefit of their labor for a time, thereby allowing them to recoup the investment that went into producing whatever it was they invented.

      A lot of people here have said that they think it's easy to create original software inventions. I would ask them if they've ever done it.

      What was it Douglas Adams said about invention?

      "It is a rare mind indeed that can render the hitherto non-existent blindingly obvious. The cry 'I could have thought of that' is a very popular and misleading one, for the fact is that they didn't, and a very significant and revealing fact it is too."

      --

      I write in my journal
    20. Re:Existence alone is bad enough by AstroDrabb · · Score: 1
      Your kidding right? I think the reply form sydb sums up my feelings nicely. However, tons of innovation is coming out of the Unversities. Certainly for-profit companies help drive innovation since they have money to fund it, however it is silly to think that is where most/all of innovation comes from.
      This whole "Send out the dogs! Begin the search for prior art! Kill the pigs!
      This is a good thing. Why in the world should some corporation be allowed to have a patent where there is prior art? They are not the original innovators of that patent and do not deserve to use it for their own financial gain. Also, the patent system is very, very broken and you cannot have _fair_ patent system with the current state of the US patent office. Basically large entities have the money to get bogus patents and defend them in court where the small companies generally do not. The only winner from the current state of the patent system is "big business".
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    21. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      you ignorant fool -- you really bug me, ya know?

      you can make a lot more $$$ if you work for something worthwhile and stop chasing the cash

      the people who do this know it's true and are LAUGHING AT YOU

    22. Re:Existence alone is bad enough by Mieckowski · · Score: 1

      Innovation doesn't neccessarily have to be technological.

      The cost for Apple is probably not the development of this software, but the risk that a new GUI system might not do well in the marketplace. There would be significantly less reason to "innovate" in this way if a competitor could copy them exactly if it was successful. Why take risks if there is nothing to gain?
      <br><br>
      Microsoft could make an <I>alternate</I> implementation of the same idea. Rather than using transparency, they could make windows shrink or collapse after inactivity, and have another visual indicator (window turning blue, title bar flashes, sound, etc.) warn of this happening. That would involve them doing thier own research and taking thier own risks.

    23. Re:Existence alone is bad enough by GigsVT · · Score: 1

      Under your definition, nothing is pure thought. Even the philosopher needs his pen and paper, or a venue to discuss philosophy with others.

      The mathematician needs his ruler or compass, pencil and paper, and education.

      I guess those things should be patentable too, since they aren't in your "realm of pure thought".

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    24. Re:Existence alone is bad enough by PeterPumpkin · · Score: 2, Interesting

      It is shockingly short of evidence that it actually motivates anyone in the software industry, if you discount mere assertion like your post

      That is so much bull!

      I'll give you a (shamelessly plugging ;) ) example. I work for a small company, Sector Medical, and we've been developing an innovative, economical way to diagnose sleep apnea (unhealthy holding breath during sleep).

      Do you thing we'd spend the extreme amount of cash to develop all the fancy analysis algorithms, the computer program, database, the firmware for the device, and get that thing FDA approved without some assurance that other people can't jack our work and sell it as their own? No way!

      The good idea that is now a product would have remained just an idea without the existance of patents.

    25. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      No, someone less risk-averse than you would have developed it. Patents allow the cowards to compete with the brave, and as such are socialistic claptrap.

    26. Re:Existence alone is bad enough by mlyle · · Score: 1

      There are other reasons, too. RGB-to-CMYK color space conversion, for example, is not a patented technique, but Gimp still lacks that basic requirement. (It may have gotten it just recently; if so, the point still stands that it only got it just recently.)

      To convert color space accurately, you need color space profiles, gamut matching, etc. GIMP can decompose RGB images to CMYK, but poorly. If you want to do better, the field is littered with many patents.

      Color space management is a hard problem, and even the existing methods in Photoshop and other professional tools are relatively weak, but can be massaged into getting good results. Ironically, this is one area where patents may be particularly well justified; there is literally hundreds of millions of dollars of research into human perceptivity and colorspace matching that arguably would not have occurred if the investment could not be recouped.

    27. Re:Existence alone is bad enough by guhknew · · Score: 1

      Incite

      Etymology: Middle French inciter, from Latin incitare, from in- + citare to put in motion -- more at CITE

      : to move to action : stir up : spur on : urge on

    28. Re:Existence alone is bad enough by cosmo7 · · Score: 3, Funny

      Patent 4058738294:
      Prevention of sleep apnea by means of a large sign affixed above the patient's bed bearing the message "REMEMBER TO BREATHE"

    29. Re:Existence alone is bad enough by divide+overflow · · Score: 1
      • People innovate for a wide variety of reasons, profit being only one of them. Truly talented people innovate because it comes easily to them and they enjoy it.
      • In my mind the main problems with software patents are 1) they are not particularly well suited to software innovations, 2) the people reviewing the patent applications seem to have little ability to identify or find "prior art", and 3) patents are supposed to be granted to non-obvious inventions, but the reviewers seem to have difficulty differentiating obvious inventions from the truly innovative ones. Asking anyone in government to make such a discernment may be asking too much of them.
      • Software was covered primarily by copyright through the early 1980s before anyone tried to apply for a software patent, but that didn't prevent anyone from innovating. I think using patents for software actually causes more problems then it solves. The number of lawsuits has increased, but I don't see innovation as being a significant beneficiary.
    30. Re:Existence alone is bad enough by BillyBlaze · · Score: 1
      So yeah, patents were created to "incite" (what the living hell made you choose that word?) inventors to invent.

      No, the inventors invented anyway. "To invent" and "to explain your invention" are two very different ideas; please don't equate them.

      Patents were created so inventors explained their invention.
      True. That's the beauty of the system. The system of which so many posters here call vehemently for the abolition.

      As I understand it, one should be able to replicate the invention with the information in the patent. Mechanical patents include technical drawings. Bioengineering patents include molecular structures and synthesis methods. Shouldn't software patents therefore include source code?

    31. Re:Existence alone is bad enough by Nimey · · Score: 1
      would you build your house on a remote-control landmine - even if the person that planted it promised they wouldn't press the button?
      (-1, Strawman)
      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    32. Re:Existence alone is bad enough by BillyBlaze · · Score: 4, Insightful
      All your talk about "intellectual commons" is summarily ignored. The idea is morally bankrupt, as has been discussed at exhaustive length elsewhere.

      So you're saying science, an intellectual commons if there ever was one, is wrong?

    33. Re:Existence alone is bad enough by sydb · · Score: 5, Insightful

      Time costs money, either directly or through opportunity costs.

      Quite, but we all have some spare time, whereas many of us have no money.

      Who's going to pay your rent while you sit around all day and gaze at your navel?

      Make sensible comments, or don't comment.

      Your computer and related resources obviously cost money: at the lowest level, even electricity is not free.

      That's fine, I'm not arguing that software development has zero cost.

      And your "brain," i.e. your education, certainly cost you money. Have you paid off your student loans yet? If so, who gave you the money to do so? If not, where do you plan to get it?

      Yes, but nearly all inudstrial activities require some education, but software development is among the few that doesn't have significant recurring expenses (raw materials, etc).

      The barrier to entry in software, as in everything else, is financial. This will be true as long as time and effort have a dollar value associated with them.

      No, the financial barrier to entry in software is significantly lower than other industries. Why do you think countries like India are able to outcompete western programmers? They aren't rich countries, quite on the contrary, poverty is quite rife.

      Where does most useful software come from? Companies. Yes, a good deal of software, some of it quite useful, comes from hobbyists, for lack of a better term. But most of it comes from commercial development.

      In terms of quantity you may be correct, but tell me, so what? And how does this observation affect the extant restrictions? It does not.

      By the way, things that make software, that are not companies, are called "individuals" or "people". Not necessarily "hobbyists". You use deliberately prejudiced terms to create a derogatory tone, and pretend you don't know it.

      Troll of the mists.

      --
      Yours Sincerely, Michael.
    34. Re:Existence alone is bad enough by theshowmecanuck · · Score: 2, Funny
      We can test this hypothesis. Look at the world around you. Where does most useful software come from? Companies. Yes, a good deal of software, some of it quite useful, comes from hobbyists, for lack of a better term. But most of it comes from commercial development. So no, the development of software isn't inherently restricted to those with money, but it is practically restricted to those with money.

      I picture a college dropout Bill Gates in a hotel room working on the foundations of a business empire... before there was a Microsoft. Before there was a company. Hmmmmmmm... if you have a company you have more money to spend, but if you don't have anyone putting legal roadblocks in front of you, you have time to spend. In the overall picture of business, investing a few thousand dollars in a computer, and spending your evenings and weekends working on project is nothing. Of course if you are blocked from even starting by stupid patents paid for by companies with money... So maybe it is better said that the reason companies with money produce much of the software now-a-days is that they are starting to use a big patent stick to beat down the little guys.

      I would like to patent the concept of lining up at a cash register in order to pay for goods in a store. Or maybe the concept of my customers using a shopping cart to carry their goods in, instead of buying items one at a time. What a load of crap.

      --
      -- I ignore anonymous replies to my comments and postings.
    35. Re:Existence alone is bad enough by PeterPumpkin · · Score: 1

      I haven't checked the patent number, but I believe you are referring to CPAP ;)

    36. Re:Existence alone is bad enough by cpt+kangarooski · · Score: 1

      The purpose of a patent is to give a person or group the exclusive benefit of their labor for a time, thereby allowing them to recoup the investment that went into producing whatever it was they invented.

      No. Because if it were the case that we gave a rat's ass about inventors, we'd just dole out money to them. We certainly wouldn't require disclosure and timely filing and such.

      No, the purpose of the patent system is made quite clear in the Constitution, in patent systems dating back to Venice, and it is to benefit the public. The public benefits when inventions are not only created, but are free for everyone to do what they like with. Paying inventors is, in fact, harmful. And the only way that it's good to pay inventors is if the harm caused by paying them is offset by the greater good of their invention entering the public domain.

      You need to watch it; you're being shortsighted.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    37. Re:Existence alone is bad enough by I(rispee_I(reme · · Score: 1

      I actually started preparing a counter-argument to your comment, here it is...

      There are numerous examples of evidence for his argument, but look at the SegWay. If there were no patents, then as soon as it was release, it would be bought and reverse engineered, and the SegWay would become a commodity, with manufacturers competing on price alone. This will happen anyway after the patent expires, but the limited exclusive rights were what inspired the SegWay's creation to begin with...

      Now, here is where it occurred to me that the SegWay was actually made because of its owners dislike for the current state of transportation. Certainly, the quality of inventions made for their own sake exceeds that of those created to fill an articial niche. Perhaps innovation is actually mostly from people trying to change the world, in which case commoditizing the product swiftly would be the most efficient method.

      However, the ideal solution in my opinion, would be to allow the inventor to choose (patents or public domain) for himself on a case-by-case basis. Perhaps we should have an Office of Public Domain Ideas to streamline the process of establishing prior art so that Free ideas don't get patented? The best of them could be culled and added to textbooks, and passed on to the children! Won't someone think of the children?

    38. Re:Existence alone is bad enough by jkabbe · · Score: 1

      The Constitution of the United States gives Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Other legislative documents have similar ideas embodied in them.

      So yeah, patents were created to "incite" (what the living hell made you choose that word?) inventors to invent.


      Wrong. The "Progress" mentioned here is achieved by getting inventors to publicize their inventions.

    39. Re:Existence alone is bad enough by jkabbe · · Score: 1

      Patents were created so inventors explained their invention. Patents were NOT necessary as an incentive to innovate, but as an incentive to SHARE the discovery with the society.

      And, thus, we have the flaw with software patents. What really needed to be explained about one-click after using Amazon a single time? Was there anything truly innovative in the invention of one-click?

      Most software "inventions" that we are discussing are immediately obvious upon using them a single time.

      So the real question with regard to software patents is, are there any software patents that benefit the public from disclosure of the invention? And, if so, what kind of inventions would they be?

    40. Re:Existence alone is bad enough by PeterPumpkin · · Score: 1

      Patents allow the cowards to compete with the brave, and as such are socialistic claptrap.

      Tell that to the wealthy investor about to seed you $2M for your idea.

      Which brings up another point. Investors want to see return. "Our business plan dictates that we not patent our product. Patents are for cowards....hey where are you going??"

      Now what were you saying something about socialistic claptrap? :-)

    41. Re:Existence alone is bad enough by TheGreek · · Score: 1

      However, the ideal solution in my opinion, would be to allow the inventor to choose (patents or public domain) for himself on a case-by-case basis. Perhaps we should have an Office of Public Domain Ideas to streamline the process of establishing prior art so that Free ideas don't get patented?

      Steps for the altrustic inventor:

      1) Create something.
      2) Patent it.
      3) License it to anybody at all for free. At the very least, don't sue people for infringing upon your patent.

      You see, Mr. Doughnut, when you hold the patent, you get to license it to anybody you want under whatever terms the two parties negotiate. It's not an all-or-nothing proposition.

    42. Re:Existence alone is bad enough by zephyr1256 · · Score: 2, Informative

      Not a strawman at all. It is clearly an analogy, and not all that bad of one, IMHO. A strawman is a logical fallacy where you make up some kind of weak argument and portray it as the argument for the other side.

    43. Re:Existence alone is bad enough by zephyr1256 · · Score: 1

      "Our business plan dictates that we not patent our product. Patents are for cowards....hey where are you going??"
      This wouldn't be a problem if the patent system were reasonable and you couldn't patent things like software, algorithms, or business methods. We can argue about whether a well implemented patent system is just or whether such a patent system is even possible, but it is clear we do not have such a system now. Examples of valid patents(ones awarded for truly innovative, and non-obvious inventions with no prior art) that maybe help innovation do not prove that the system is not horribly broken, or even that we are not better off without such a system altogether.

    44. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 0, Troll

      To convert color space accurately, you need color space profiles, gamut matching, etc.

      Nonsense. These are helpful tools, yes, but they're not necessary. How do you think we did RGB->CMYK in the days before ICC? Using simple algorithms like UCR and GCR.

      Gimp either lacks or until very recently lacked even that kind of basic--and perfectly usable--CMYK support. It just wasn't there. And you can't blame that on patents.

      Ironically, this is one area where patents may be particularly well justified

      Except for the fact that I don't think it's ironic in the slightest, I agree with you completely. :-)

      --

      I write in my journal
    45. Re:Existence alone is bad enough by TheGreek · · Score: 1

      Yes, but nearly all inudstrial activities require some education, but software development is among the few that doesn't have significant recurring expenses (raw materials, etc).

      Bugfixes and version upgrades do not appear out of thin air.

      No, the financial barrier to entry in software is significantly lower than other industries. Why do you think countries like India are able to outcompete western programmers? They aren't rich countries, quite on the contrary, poverty is quite rife.

      You just proved his point. Programmers in India cost less than programmers in the United States. Therefore, companies that use Indian programmers are winning more contracts. If software was software not profit-driven, this would not be the case.

      In terms of quantity you may be correct, but tell me, so what? And how does this observation affect the extant restrictions? It does not.

      Not just in terms of quantity. While there are some very good open-source/free software packages, most of the professional ones are commercial. Almost all software innovation happens on the commercial level, and is done by companies.

      Most open-source/free software is reactive. The Gimp is reactive to Photoshop. It isn't doing anything innovative. KDE is reactive to Windows and Mac OS. Linux was started because Linus didn't want to pay for Minix. Little innovation there.

      Open Source is demonstrating that you can perform the same tasks slightly differently, and for less money. However, for the most part, it is not showing us any radically different ways to perform the same tasks. This is what defines innovation.

      Visicalc was innovative. Mac OS was innovative. Unix was innovative. These (and other!) innovations cost money to develop. Their creators should, if they desire, be able to enjoy the fruits of their labors for a certain amount of time.

    46. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      Truly talented people innovate because it comes easily to them and they enjoy it.

      What do those people do for money? Work the bar at their neighborhood Starbucks?

      You, like most of the other respondents in this thread, seem to be losing sight of the whole "economy" thing. The idea that you can't do anything without money, and you don't get money unless you can convince somebody to give it to you, and you don't convince anybody unless you can promise them value in return.

      Personally, I don't want to rely on Jimbo inventing the next great advance in software (like, possibly, fading windows as described in this instance) whenever he gets around to it. I have no great faith in the hobbyist sector. They tend to work on whatever it is they want, rather than what I (i.e., the public at large) wants.

      --

      I write in my journal
    47. Re:Existence alone is bad enough by TheGreek · · Score: 1

      Ironically, this is one area where patents may be particularly well justified; there is literally hundreds of millions of dollars of research into human perceptivity and colorspace matching that arguably would not have occurred if the investment could not be recouped

      I'm not sure why that's ironic. That's why the USPTO was set up in the first place.

    48. Re:Existence alone is bad enough by Moridineas · · Score: 1

      >>Who's going to pay your rent while you sit around all day and gaze at your navel?

      Make sensible comments, or don't comment.

      In case you weren't able to understand the english, to contemplate/gaze at one's navel is a common English expression basically meaning to think / do nothing--it comes from stereotypical interpretation of Indian gurus and holy men meditating and looking as if they were contemplating their navels.

      Hope that helps.

    49. Re:Existence alone is bad enough by Wolfbone · · Score: 2, Insightful
      "Time costs money, either directly or through opportunity costs. Who's going to pay your rent while you sit around all day and gaze at your navel? Your computer and related resources obviously cost money: at the lowest level, even electricity is not free. And your "brain," i.e. your education, certainly cost you money. Have you paid off your student loans yet? If so, who gave you the money to do so? If not, where do you plan to get it?"

      Ever heard of childhood? When I was a child my parents usually "paid the rent" and let me play on the computer instead of sending me up the chimneys or down the mines. Ever heard of leisure time - why can't I work in a bar _and_ write software whan I get home? Or temporary unemployment or disability or any number of reasons why you cannot blithely and naively equate time and money? Your flawed logic implies that everything worthwhile ever accomplished by any human being should be measured in dollars alone and that all intellectual works should be patentable too.

      "We can test this hypothesis. Look at the world around you. Where does most useful software come from? Companies"

      We can indeed - I for one have no non-free, commercial software and the fact that most people do is hardly a proof that it is necessarily so. Nor anyway does it support the argument for software patentability since most SMEs and independent software developers in Europe are themselves against it.

      "So no, the development of software isn't inherently restricted to those with money, but it is practically restricted to those with money."

      Nonsense. How is it that there are 1000 or more packages in the larger GNU/Linux distros? How many projects are there at savannah and sourceforge and in the wider free software community? Perhaps they should all be informed that they cannot hope to survive in your naive f: Omega -> $$ world.

      "All your talk about "intellectual commons" is summarily ignored. The idea is morally bankrupt, as has been discussed at exhaustive length elsewhere."

      Ignorance is a good summary of your position. To say that the idea of an intellectual commons is morally bankrupt would set every great thinker that has ever lived spinning in their grave. In fact it is your ideas that are morally bankrupt, and bankruptcy is an appropriate word since you seem unable to see the world in anything other than grossly distorted economic terms and in a way so naively simplistic it would embarass any true economist. These maybe your ideas but you share them only with a handful of corrupt, wilfully ignorant and intellectually crooked and evasive worms - those with vested interests in maintaining and promulgating the laughable mess that is the US patent system.

      You can "summarily ignore" the opposition to your benighted views all you like but to imply that the argument has been resolved in your favour after 'discussion at exhaustive length elsewhere' is risible. Perhaps you are one of those easily exhausted by the inconvenient truths and irreducible complexity and richness of the real world. Perhaps you cannot face any facts which do not suit the false simplicity of your blinkered dollar determinism.

    50. Re:Existence alone is bad enough by varith · · Score: 1

      Eh, he's just summarily throwing out the whole idea of the intellectual commons because it is inconvenient to his philosophy. He backs it up by invoking an unknown "elsewhere" (I'd guess his living room with his three IP laywer friends) to try to dismiss an idea he can't successfully attack. Typical, and, as has been decided at exhaustive discussions elsewhere, people like him should simply be ignored.

    51. Re:Existence alone is bad enough by civilizedINTENSITY · · Score: 1

      Wrong, the purpose was to promote the Progress of the Sciences and the Arts. It was recoginized that a limited monopoly was better, with disclosure, than secrets. The purpose was *not* to protect the secrets, but rather to eliminate the secrets and promote Progress. The essential aspect is growth via secret dilution. All uses of patents to dilute the secrets of inventors is appropriate use. Any use of patents that isn't, isn't.

    52. Re:Existence alone is bad enough by Tony+Hoyle · · Score: 2, Informative

      Did you know that the steam engine, the invention that basically sparked the industrial revolution, was patented? It's true. James Watt improved on existing designs to create the first modern reciprocating steam engine in 1763, and was granted a patent for it. That patent didn't expire until 1800, by which time Watt and his business partner, Michael Boulton, had manufactured some 500 engines.

      Actually that's only half the truth.

      Watts' patents held back the development of the steam engine by many years. Richard Trevithick had designed a vast improvement on the watt engines by using high pressure steam. The patents were so worded that he was unable to begin development until the patents expired in 1800 - some 20 years after he thought of the improvement. Without high pressure steam engines we would never have had the steam train.

    53. Re:Existence alone is bad enough by civilizedINTENSITY · · Score: 1

      First, agreed with grandparent that "invention is not primarily driven by a desire to make money".

      But really, I take issue with "software companies are the least likely companies to last five years" being responded to with "virtually no company lasts for five years". The fact that a subset is "least" is meaningful, even if the superset is "most" of a population. Obviously there are factors to look for in the singular subset that differentiates its operational enviornment form the others.

    54. Re:Existence alone is bad enough by civilizedINTENSITY · · Score: 1

      I think its really an interesting question, whether most CGI shops use an enhanced GIMP. Your answer that two large shops have their own in-house solution doesn't really address the size of the CGI shop population, nor what percentage is done by the few 800 lb. gorillas. I'd suspect that only the fattest of the fat would have the cash to burn for 100% proprietary development. The utility of opensource is apparent in the collarboration of development of those who find that advancement of tools is economicly most feasable in "share" mood. Probably this is the majority, but what are the numbers? And what percentage of the total amount of CGI work annually produced to they participate in?

      One of thing to consider, how innovative is the work? What has Disney done lately? Involving innovation, I mean? How innovative are the smaller shops? Hmmm...

    55. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      He backs it up by invoking an unknown "elsewhere"

      I've written more words about the fallacy of the commons that I know what to do with. Read, oh, any one of fully A THIRD of the items in my journal.

      Long story short: the convenient fiction of a "commons" is just a euphemism for state seizure of private property. In the year-and-a-half or so since I last wrote on the subject there have been some developments that lead me to concede that exceptions exist: the idea of "creative commons," whereby property owners voluntarily cede their property to the state, is far more morally sound than what the other poster was talking about.

      The sanctity of private property is, to me, right up there with life and liberty. It's inviolable. The idea that the state would seize property after a period of time (as in copyrights) disgusts me.

      Brief elaboration: if you apply for a patent, you have to disclose your innovation to the state. But you don't have to apply for a patent, so this isn't seizure as much as it is a trade: you give up ownership of your property later for legal protection by the state today. But copyrights are different. You don't have to apply for copyright protection; every written work gets it automatically. This is the good part. But that copyright protection expires (!!) after a time, at which point the author's property rights are revoked and his property is seized by the state. How would you feel if your house only belonged to you for 20 years, after which time you'd have to give it to the state? Property doesn't work like that in our culture. The idea of "the commons" is almost always invoked to refer to the idea that somehow property isn't really property, and that everything really belongs to the state, or "the commons." It's used to justify seizure of property by invoking a high-minded notion of greater good.

      It's bullshit, and it's wrong.

      Now, let me address one other thing: your ignorance of a point of view does not mean that point of view doesn't exist or isn't valid or, heaven forbid, is actually more valid than your own. Be a little more humble next time.

      --

      I write in my journal
    56. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1, Interesting

      Ever heard of leisure time - why can't I work in a bar _and_ write software whan I get home?

      You can. You just aren't going to be very successful at it.

      Or temporary unemployment or disability or any number of reasons why you cannot blithely and naively equate time and money?

      If you're unemployed, you need to spend your time finding a source of income, not on counting angels on the head of a pin. And if you're disabled, I'm sure you're going to have enough trouble finding a way to pay for your medical needs.

      Your flawed logic implies that everything worthwhile ever accomplished by any human being should be measured in dollars alone and that all intellectual works should be patentable too.

      Oh, please. "It's not about dollars, man! That's just your greed talking!" Whatever. The point is that time, tools, and intellect do not grow on trees. They are not free. There is an opportunity cost, and almost always a direct dollar cost, associated with each. Who's going to pay your mortgage while you take a year off to write the Next Big Thing in software?

      I for one have no non-free, commercial software and the fact that most people do is hardly a proof that it is necessarily so.

      I submit to you that you're not doing anything particularly interesting with computers then.

      How is it that there are 1000 or more packages in the larger GNU/Linux distros?

      How many of them are novelties like "fortune" or redundant like the endless stream of window managers or command shells or email clients? Quantity alone is not a virtue, my friend.

      To say that the idea of an intellectual commons is morally bankrupt would set every great thinker that has ever lived spinning in their grave.

      Got a monopoly on the insights of great thinkers, huh? I humbly suggest that you might want to read a little more before making such sweeping statements.

      Let's start with a little thought-provoking dialogue. Question one: Would you agree with the statement that property rights are a fundamental aspect of our culture? Question two: Would you agree with the position that the seizure of property by the state as a matter of course is neither morally nor ethically justified?

      Discuss, Colossus. Exercise that great big brain of yours and see if you can't squeeze a thought or two out of it.

      --

      I write in my journal
    57. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      Quite, but we all have some spare time

      Wow, I want to live in your world. I certainly don't have this spare time you seem to enjoy.

    58. Re:Existence alone is bad enough by sydb · · Score: 1

      I know what it means. It was a stupid hyperbolic comment without any contextual relevance.

      --
      Yours Sincerely, Michael.
    59. Re:Existence alone is bad enough by Moridineas · · Score: 1

      Oh, forgive me--I thought he was making the point that, forgive the expression, time is money.

    60. Re:Existence alone is bad enough by tygr007 · · Score: 1

      Twirlip of the Mists> Noone here is impugning property rights. However to claim ownership and exclusivnes of *ideas* is certainly NOT part of our culture, on the contrary - the whole protestant (and then the humanist, development of natural sciences, ..) movement was based on the idea, that all should have the access to the *knowledge* (so translating the Bible into local languages etc). Dont forget that the whole success of Euro-Atlantic civilisation is founded on kowledge (=> technology) which is most efficiently achieved if people can freely share, exchange and iprove their ideas. BTW, The regulation on freedom of information increased dramatically over ast 3 decades compared to the past. You could pattent some particular design, but never the idea (take semiconductors for example). So the ownership of ideas is the issue, so please dont change the topic into the freedom of ownership, that DIFFERENT concept and was never intended to protect IDEAS.

    61. Re:Existence alone is bad enough by sydb · · Score: 1

      Bugfixes and version upgrades do not appear out of thin air.

      Bug fixes and "version upgrades" (do you mean "new features"?) are development and therefore can't be called expenses of development.

      If software was ... not profit-driven, this would not be the case

      Software is not profit driven. Business is profit driven. ...most of the professional ones are commercial.

      Of course. There are more commercial packages, so there are more commercial "professional" (whatever that means) software packages. But there exist in free software packages of equal professionalism. I'm not going to enumerate them, you should know them if you feel up to making such claims.

      Most open-source/free software is reactive.

      And you think Photoshop was not a reaction to what came before it? You think Photoshop was the first photo editing tool?

      All software is reactive. There is little innovation, ideas are built on older ideas. WIMP goes back to the 60s, as does hypertext; remember the furore about the BT patents dating back decades? Yes there are plenty good ideas but they are incremental steps. You can't point at a vast collection of ideas, most of which are old and some of which are new, and say the whole is either innovative or not. The innovation is in the details, and this holds for Visicalc too.

      The way you talk about Visicalc you would think no-one ever used spreadsheets before the late 70s.

      --
      Yours Sincerely, Michael.
    62. Re:Existence alone is bad enough by jeremyp · · Score: 2, Insightful

      Ownership of ideas relating to software is immoral and must be stopped.

      I think that depends on what you mean by "ideas". If you mean patenting translucent windows is immoral, then I agree with you. If you mean patenting this algorithm that took me two man years of effort and allows you to do translucent windows efficiently is immoral, then I disagree with you. Of course, I think it not unreasonable that any software patent shoud require the submission of the source code for publication in much the same way that if you patent a new fuel injection method, you'd be expected to submit engineering drawings (wouldn't you???)

      The major barrier to entry in the field of software development is inherently intellectual, not financial. I don't need to spend money on scarce resources like raw materials and factories to produce software; I need time, a computer, and a brain. Therefore the natural initial outlay for software development is much lower than for the production of tangible goods.

      Unfortunately, the said brains normally reside inside human bodies that require the usual food, drink, sex, computer games, pizza etc. These can usually only be obtained for money. To bring anything original to market in the software business today requires far more than one brain. Do not underestimate the cost of putting a packaged software product on the shelves.

      Software patents as currently implemented are restrictive which is ironic because the original point of patents was to prevent people from secretly hoarding their ideas. I think the patent law could be tweaked to make patents beneficial to the industry as a whole simply by making people publish their source code on successful application and having a shorter time limit of, say, three years.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    63. Re:Existence alone is bad enough by sydb · · Score: 1

      Stop wasting your money posting on Slashdot then.

      --
      Yours Sincerely, Michael.
    64. Re:Existence alone is bad enough by bullitB · · Score: 2, Interesting

      The software industry was thriving before patents were allowed, and there's no particular evidence they help any actual innovaters now, either, except again, mere assertion.

      Patents have been allowed since the 1700s. Software, let alone a software industry, has existed since perhaps the 1940s. So, I'm going assume you're referring to Diamond v. Diehr, making the first "allowed" software patents begin in 1981.

      Well, let's look at the industry. For the 30 years before 1981, not a lot happened. The industry was relatively small. Since then, there's been the desktop computing revolution, the rise of the internet as a publicly usable medium, and the software industry has gotten perhaps an orders of magnitude larger in two decades. It's seems to me, anyway, that this is pretty good evidence for patents encouraging innovation.

      Now, would this explosion have happened even if software patents were strictly banned? Impossible to tell, but there is certainly some evidence it wouldn't have been as big as it was. One major effect of patents is that once a patent becomes extant, its holder has an interest in the technology being used as much as possible. So, when it became in the MP3 patent people's interest to get every machine in the world to have an MP3 decoder, well...you know...

    65. Re:Existence alone is bad enough by Moridineas · · Score: 1

      I'm a student, therefore I've already paid for my time :) or at least my parents have--in the form of tuition!

      Sorry if I angered you, didn't realize the fact that things cost money would make you irritable.

    66. Re:Existence alone is bad enough by sydb · · Score: 1

      sex ... can usually only be obtained for money.

      Nuff said.

      --
      Yours Sincerely, Michael.
    67. Re:Existence alone is bad enough by DunbarTheInept · · Score: 1

      The key problem is that apple didn't invent the transparent window UI. It's existed in other systems before (Heck, even video games. I'm playing Deus Ex again, and it uses transparent windows all the time). If apple wants to say, "nobody else can do transparent windows using this precise technique we used", then that's okay. But that's not how software patents get used. It's always, "because we came up with this one particular way of doing it, nobody else is allowed to do anything that has a similar effect, even if they use a different method to pull it off." That's why software patents are evil. They break the way patents are supposed to be used - a patent is supposed to merely be a ban on ONE SPECIFIC METHOD of doing something, not a ban on all other similar things that use any vaguely similar methods. The problem with software patents is that they are being granted for things that are way too high-level and generic. As an example, think of the Amazon.com one-click patent.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    68. Re:Existence alone is bad enough by David+Rolfe · · Score: 1

      "Intellectual property" isn't property. I won't challenge you to change my mind, but regardless of your dismissal of the point, it is still valid.

      The very term itself is an example of its bias.

      A painting is property, its subject is not.

      A list of instructions is property, but the algorithm is not.

      Paintings and lists are copyrightable. Ideas are not.

      Finally, I thought this thread was about patents, not copyright. Ha.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    69. Re:Existence alone is bad enough by sydb · · Score: 1

      No, you didn't anger me! Sorry if I gave that impression! My reply was intended in good humour - but to make a point, that time is not really the same as money.

      When examining time in relation to a single goal (for example, a businesses profit), yes, they are the same. But when examining time in relation to the myriad goals of people - actual or possible - then they are not.

      Personally I have been supporting myself in employment for around 10 years. I have always had spare time. My need for money ("greed") has never meant that I must spend all my time making money! I don't count my hours spent in other ways as "lost" - in fact, those are the hours when I am really alive.

      We are human, after all, not money-making machines.

      --
      Yours Sincerely, Michael.
    70. Re:Existence alone is bad enough by sydb · · Score: 1

      the convenient fiction of a "commons" is just a euphemism for state seizure of private property.

      This is absolute pish and twaddle. If I share knowledge with my neighbour, what does the state have to do with it?

      --
      Yours Sincerely, Michael.
    71. Re:Existence alone is bad enough by Wolfbone · · Score: 3, Insightful
      "Well, let's look at the industry. For the 30 years before 1981, not a lot happened."

      By what measure? Are you trying to imply that there was little academic research? Is it instead the case that as you said - the industry was simply smaller then? Is it really likely that the I.T. industry would not have exploded anyway?

      "It's seems to me, anyway, that this is pretty good evidence for patents encouraging innovation."

      Of course it is not. It is mere correlation.

      "Impossible to tell, but there is certainly some evidence it wouldn't have been as big as it was."

      Where? - There is plenty of evidence to the contrary here

      If you are right then perhaps you can explain why other creative industries have flourished without the need for patentability of their techniques, methods and ideas? The movie industry for example...

    72. Re:Existence alone is bad enough by PhiRatE · · Score: 1

      Brief elaboration: if you apply for a patent, you have to disclose your innovation to the state. But you don't have to apply for a patent, so this isn't seizure as much as it is a trade: you give up ownership of your property later for legal protection by the state today. But copyrights are different. You don't have to apply for copyright protection; every written work gets it automatically. This is the good part. But that copyright protection expires (!!) after a time, at which point the author's property rights are revoked and his property is seized by the state. How would you feel if your house only belonged to you for 20 years, after which time you'd have to give it to the state? Property doesn't work like that in our culture. The idea of "the commons" is almost always invoked to refer to the idea that somehow property isn't really property, and that everything really belongs to the state, or "the commons." It's used to justify seizure of property by invoking a high-minded notion of greater good.

      Nono, Copyright is a trade too. In return for the right to sue via the courts for breach of copyright, you have to eventually give it up. This is not seizure, because you don't have to give it up at all, you can not tell anyone and it will be yours forever.

      That is the equivalent to a house. You do not own ideas or works, you own your brain and your house and your computer. While your ideas are in there, they are yours. When they are released, by general agreement you recieve the right to determine how they are distributed for 20 years, because it was seen at the time as impetus to release ideas. But you don't own the idea.

      Nothing is taken from you that was not given to you in the first place when copyright expires.

      --
      You can't win a fight.
    73. Re:Existence alone is bad enough by PeterPumpkin · · Score: 1

      "This wouldn't be a problem if the patent system were reasonable and you couldn't patent things like software, algorithms, or business methods."

      Yeah! Lets make all software/algorithms open game so that the big companies can take all the small companies ideas, and crunch them with mega advertising dollars. Good idea, Mr. Gates!

      "Examples of valid patents(ones awarded for truly innovative, and non-obvious inventions with no prior art)"

      Truly innovative? Non-obvious?

      Suppose I put a couple of strings together? Its been done before...but these strings can stop bullets. But they're just strings put together, thats not innovative.

      Suppose I invent a wheel? Its been done before...but this wheel sticks to the road like racing tires, lasts 20 times as long, and can be produced cheaply. But its just another obvious old wheel right?

      "Do not prove that the system is not horribly broken"

      Maybe it could use improvement, but it isn't broken.

      "or even that we are not better off without such a system altogether."

      If patents were removed from law today, capitalism as we know it would disintegrate. Start-up technology business, the ones where their value only lays on their development, would instantly become worthless. Development in every field, due to fleeing investors, would cease except university labs...many of these would contract or disintegrate due to the cessation of corporate sponsorship. The medical sector would collapse into generic manufacturers who would take the brand name technology/drugs, and put the brands out of business due to low prices due to not developing new technologies or drugs. The only relatively stable sector would be manufacturing, and even that would fall to its knees after some delay.

      Untold millions of jobs would be gone in a day. Given the structure of our economy, a downturn would ensue that would make the Great Depression look like a festival.

      The only thing that would save the world's economic structure would be government intervention on a massive scale. In other words, communism. But thats what you anti-patent types are shooting for, right?

    74. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      If I share knowledge with my neighbour, what does the state have to do with it?

      Nothing. It's the part where the state nullifies your property rights over your own creations that I have a problem with, as in copyright law.

      When an anti-property activist, say your average Slashdotter for instance, says "public commons," he's talking about state seizure of private property. If you're not talking about that, great, but don't refer to it as a "public commons." Refer to it as what it is: collaboration.

      Nothing wrong with collaboration. But there's something very wrong with being forced into it by the government under which we live.

      --

      I write in my journal
    75. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      In return for the right to sue via the courts for breach of copyright, you have to eventually give it up.

      "In return for the right to sue via the courts for breaking and entering, you have to eventually give up your house."

      What a crock. Property rights are just that: rights. They exist in and of themselves. Government doesn't grant them or take them away; it merely deigns to enforce them. Or, unfortunately, sometimes opts to ignore them.

      Copyright law, to continue using the example I brought up above, is a compromise. On the one hand, we as a society recognize and hold dear the absolute, unalienable right to property. But on the other hand, we know that society is better off if creative works become freely available to all after a time. So we strike a compromise that says: Fine. Take my works from me. But not for a good, long time. And until then, guard them zealously for me!

      Patents are a similar compromise. Fine, we say. Take my ideas. But not for a good, long time, and until then, guard them zealously.

      The fundamental flaw of both conventions, in my opinion, is that they're too often described falsely as a "granting" of rights. The government "grants" you an exclusive copyright. The government "grants" you a monopoly on your invention.

      That's bullshit. The government does not grant rights. The state does not grant rights. Our rights were invested in us by our Creator, to invoke the old-fashioned expression. They exist. Government exists by the consent of the governed for the purpose of protecting those rights which we already have.

      If you want to express it in less metaphysical terms, think of rights as something that we claim for ourselves. In the end, it works out the same. Government exists to protect that which we have already given ourselves.

      Either way you look at it, the government protects our rights. It does not grant them, and it does not have the power to take them away.

      Wrenching this little digression back to the topic, there are a lot of people here who think that some patents simply should not be granted. Certain areas of human endeavor should not be eligible for patent protection. That's like saying certain neighborhoods aren't eligible for police protection. It's arbitrary and it's wrong.

      If it's an original idea, then it's yours, man. You thunk it up; it belongs to you. If somebody else thinks they thought of it first, the burden must be on them to demonstrate that they did.

      You do not own ideas or works, you own your brain and your house and your computer.

      That is a point on which we cannot agree.

      --

      I write in my journal
    76. Re:Existence alone is bad enough by pdabbadabba · · Score: 0

      If it were an MS LandmineXP I would. :)

    77. Re:Existence alone is bad enough by metamatic · · Score: 1

      A lot of people here have said that they think it's easy to create original software inventions. I would ask them if they've ever done it.

      Well, the XOR graphics cursor is a patented "software invention", and I independently invented that when I was 12 years old.

      I also independently invented downloadable software delivered by following links on a hypertext page, a couple of years after that, around 1983. Another patented "software invention".

      I'm not joking about this. Of course, at the time software patents didn't exist; if I'd thought to file for patents on "my" inventions, I could have raked in a fortune.

      So no, my perspective is that creating original software inventions is something a teenage kid can do. Ideas are easy, and creating a "software invention" is pretty much a matter of having an idea and writing it down in special notation.

      I do believe there are a few algorithms which are sufficiently devious and clever that they might be deserving of patent protection. RSA is one example, but ironically it's also a great example of horrific abuse of the patent system.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    78. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      I watched this post start at 1, rocket up to 5, then back down all the way to 0 on the strength of some "overrated" mods, then back up to 3 again.

      Where's it gonna go from here?

      Twirlip must have really touched a nerve here. There must be a lot of unemployed computer hobbyists out there (great one, Twirlip) with free time, delusions of grandeur, and mod points.

    79. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1
      Well, the XOR graphics cursor is a patented "software invention", and I independently invented that when I was 12 years old.

      No kidding? Wow.
      A computer graphics display system including random access raster memory for storing data to be displayed, a raster memory control unit for writing data into the raster memory, a video control unit for causing such information to be displayed on a CRT display screen, a micro control unit for controlling the function and timing of the raster memory control unit and the video control unit, and a computer adapted for facilitating data exchange between the micro control unit and a host computer. The displayed image can have extremely high complexity with essentially no problem of display flicker. Zoom and pan features allow the use of a very complex stored image in a flexible manner, and a split-screen technique enables an operator to work on a very complex picture at a detail level while still having an overview of the total picture, or any portion thereof, simultaneously presented before him. The split-screen feature also allows the simultaneous display of alphanumeric messages such as prompts, menus, or X-Y readouts added to the graphics display and a small area of the raster memory is usually reserved for this purpose. An XOR feature allows a selective erase that restores lines crossing or concurrent with erased lines. The XOR feature permits part of the drawing to be moved or "dragged" into place without erasing other parts of the drawing.
      And that's just the abstract. You did all that? Amazing.

      I also independently invented downloadable software delivered by following links on a hypertext page, a couple of years after that, around 1983.

      Yeah, I'm similarly going to call bullshit on this one.

      See, right here what you're doing is this: you're demonstrating a lack of understanding of what a patent actually is. It describes an entire invention, in great detail. It can't be summed up into a phrase like "XOR graphics cursor." When you try, you end up throwing away significant detail.

      Let me put it this way. Let's say, for sake of argument, that my checking account balance is $1,000,012. Let's say I have a million and twelve bucks. "That's no big deal!" you say. "I have $12 right here!" See, you disregarded a lot of very significant digits there, and ended up drawing the wrong conclusion.

      (It's the same basic phenomenon that leads to people thinking that $19.99 is closer to $19 than it is to $20. It's approximation through truncation.)

      Ideas are easy, and creating a "software invention" is pretty much a matter of having an idea and writing it down in special notation.

      "I could have thought of that." But the fact is that you didn't, and a very significant and revealing fact it is too. (Apologies to Douglas Adams.)
      --

      I write in my journal
    80. Re:Existence alone is bad enough by NeMon'ess · · Score: 1

      If you invent a bookshelf, I see it, and make my own, you still have yours. You say our Creator invested us with the right to own what is ours. I'll assume you own the idea of a bookshelf. People claim other people stole their idea, but in truth, wasn't the idea only copied? There are now two of the same idea. The first person still has it.

      I'll assume the ownership is as long as the owner desires. The government protects that right, and currently after so many years it stops protecting. You say it takes the ownership away, and has no right to, but in practicality, most of the time there is no way to enforce ownership when copies have been made and the knowledge distributed.

      What about the idea of using a chunk of wood as a club? If two people think of the idea separated by thousands of miles and neither knows the other thought of it, shouldn't it belong to both of them regardless of who had the thought first? I'd say because some ideas are thought by children the world as they grow up, that's reason why ideas can't be owned. The more complex the idea, the fewer people who will think of it, but certainly each person may have thought it independantly and it was original to them.

      You have many journal entries. Its difficult to find the ones you said to look for.

    81. Re:Existence alone is bad enough by divide+overflow · · Score: 1

      >What do those people do for money? Work the bar at their neighborhood Starbucks?

      Stop trolling me with your snotty elitist arrogance. Your earlier comment implied that without the promise of profit talented people wouldn't ever produce anything. That's pure bullshit. It usually works the exact opposite way. Talented people demonstrate talent, and people who recognize their talent will soon find ways to make use of their talents to their profit. The talented person will usually find a way to make a buck from their own talent, and if they have the ability to learn a bit about how to manage their finances may eventually become the main beneficiary of their talent.

      >You, like most of the other respondents in this thread, seem to be losing sight of the whole "economy" thing. The idea that you can't do anything without money, and you don't get money unless you can convince somebody to give it to you, and you don't convince anybody unless you can promise them value in return.

      You, like most of the other respondents in this thread, are totally full of crap. Nothing I said goes against the notion of free market capitalism. Re-read my post and figure out who you are arguing with. It isn't me. I'm an IS consultant, run an international import business, and a significant real estate rental business. I've got plenty of training in economics, both though education and real-world experience. How about YOU?

      Personally, I don't want to rely on Jimbo inventing the next great advance in software (like, possibly, fading windows as described in this instance) whenever he gets around to it. I have no great faith in the hobbyist sector. They tend to work on whatever it is they want, rather than what I (i.e., the public at large) wants.

      Again, your ignorance of how great inventions are developed is staggering. The personal computer market was a direct result of the "hobbyist [sic] sector" you so blithly denigrate. Your tone is as if these hobbyists were all "Jimbos," some sort of gnomish freak living in a subterranean Hobbit world that is beneath you. The reality isn't so cartoon-like. Go ask Steve Wozniak, who was just such a hobbyist-inventor, or read about the Wright brothers, who took up aeronautics as a sport. Your arrogance about hobbyists and their innovations is pathetic. You seem to think that nobody else wants what these people create. That's just stupid. Hobbyists frequently produce things that they simply cannot get anywhere else...like personal computers back before Apple and IBM saw the potential and finally got into the market.

      And conversely, keep in mind that businesses frequently produce stuff nobody needs or wants. I can tell you from my experience of having worked for some of them. The '90s are an object lesson about a zillion companies and investors who went broke producing crap that nobody would pay real money for. Yeah, you can promise people value in return for their money, but Las Vegas and the stock market are living proof that most won't get it. P.T. Barnum was a definitive authority on that subject.

    82. Re:Existence alone is bad enough by zephyr1256 · · Score: 3, Insightful

      Lets make all software/algorithms open game

      Patents aren't needed for software, period. Software is already covered by copyrights. As for algorithms, they should be open game. It is stifling to innovation if I cannot use that algorithm to create new programs or properly build on it if I have to be beholden to some patent holder.

      Suppose I put...Suppose I invent

      You are using hyperbole here. Maybe 'truly innovative' was a little strong though(I didn't mean to imply that you were in no way building on the work of others), so I will say 'innovative and non-obvious'. Without these requirements patents would be valid merely for being first to do something and filing the application.

      If patents were removed from law today, capitalism as we know it would disintegrate.

      I think your doomsday scenarios are pure speculation. Sure there would be some significant changes due to the removal of the patent system. I don't think its clear what would happen. Companies would have to adjust to remain competitive in a freer market since they wouldn't have the crutch of patents to maintain profitability, but OTOH, we would lose the inefficiencies(such as patent related litigation) associated with a government mandated monopoly. It's an open question whether such inefficiencies are worthwhile. I actually do think they are worthwhile in some cases, if, as I said above they are applying only to traditional patent scope(ie, no patents on software/algorithms/business processes/or anything that could qualify as Free Speech), and only to innovative and non-obvious inventions with NO prior art.

      The only thing that would save the world's economic structure would be government intervention on a massive scale.

      More speculation...

      In other words, communism. But thats what you anti-patent types are shooting for, right?

      which I presume was used to setup your communism/anti-patent strawman.

    83. Re:Existence alone is bad enough by locarecords.com · · Score: 1
      The major barrier to entry in the field of software development is inherently intellectual, not financial. I don't need to spend money on scarce resources like raw materials and factories to produce software; I need time, a computer, and a brain.

      This is nonsense. Computers and education cost money - a lot of money. Intellectual work *is* expensive, have you every looked at the cost of R&D in corporations?

      This means that the development of software is not inherently restricted to those with money - rich people, and companies.

      I wish this were true. But the outlay to get a computer, train yourself - and perhaps most importantly - be able to have the time to learn is extremely limiting to the poor.

      --
      ---- The Open Source Record Label : : LOCARECORDS.COM
    84. Re:Existence alone is bad enough by Libraryman · · Score: 1
      This is some crazy shit, it's like Ayn Rand and Pat Robertson were first cousins, and they mated:
      What a crock. Property rights are just that: rights. They exist in and of themselves.

      Government doesn't grant them or take them away; it merely deigns to enforce them.

      Our rights were invested in us by our Creator, to invoke the old-fashioned expression. They exist.

      Either way you look at it, the government protects our rights. It does not grant them, and it does not have the power to take them away.

      This is nuts! I won't even start on the idea of crediting the mass hallucination of a "creator" with granting you ANYTHING. I'll just leave that alone on the grounds that you MIGHT not have actually meant it since you did call it an "old-fashined expression."

      If you think you have any right outside the framework of government and society you have lived MUCH too sheltered a life. You do not have ANY rights without a government to grant them to you. Without someone much, much, more powerful than yourself (the state, in case you are confused) protecting you you only have rights inside you own mind, and those will only last until you come into contact with someone stronger, smarter, or just carrying a bigger club than you.

      Everything you consider to be a god-given right granted to humans by their ever-lovin' creator can be taken away at the point of a gun. You don't have the right to draw breath, let alone enjoy the fruits of your back-breaking creative labor, unless you have the backing of a society, a state or some sort of government. Only the existence of a police force prevents the strong from doing as they see fit with the weak. (Note: geeks are weak)

      You may think that you SHOULD have some particular right. You may believe that something should belong to you, or that beacuse you created it you should be able to control it, but the fact is you are not strong enough to force this view on everyone else, and there is no all-powerful creator to do it for you.

      The only force that exists with enough power to grant or protect a right is the state. Nothing else is big enough. No one else has a vested interest in doing so. Don't sell the state short, it is the reason you work for someone, instead of belonging to someone. (I you don't believe me, just ask someone who lives in a state too weak to grant and enforce rights)

    85. Re:Existence alone is bad enough by sydb · · Score: 1

      That's the whole point though. Patents and copyright are an artifice. They are the state overriding the natural order.

      Secrets are the only "natural" intellectual property. I don't mind people keeping secrets, though, just as I don't mind them keeping tangible property.

      If you believe that it's wrong to be forced into sharing knowledge, then perhaps you also feel it's wrong to be coerced into it. Patents coerce you into sharing knowledge (through the bribery of a cash reward).

      Most anti-software-patent Slashdotters don't mind "normal" patents. I'm not sure if I like them either (the patents, not the Slashdotters!)

      --
      Yours Sincerely, Michael.
    86. Re:Existence alone is bad enough by sydb · · Score: 1

      Computers and education cost money

      I grant that the very poorest people may not have access to computers or an education. But they won't be opening a factory or becoming a surgeon any time soon either. My point is that, of industrial activities that can benefit man, there is a significantly lower cost of entry to the field of software development. Significant enough that the doors are open to vast hordes of the less wealthy.

      Intellectual work *is* expensive, have you every looked at the cost of R&D in corporations?

      Intellectual work is expensive because the best intellects can hold out for the highest offer.

      The doesn't mean that a clever person can't apply themselves to their own ends in their own time!

      --
      Yours Sincerely, Michael.
    87. Re:Existence alone is bad enough by tricorn · · Score: 1

      But they aren't patenting translucent windows. They are patenting using translucent windows in a very specific way.

      Now, I happen to think that patents like this are still too broad (although this one is close), but at least get it straight what it is they are trying to patent!

    88. Re:Existence alone is bad enough by Wolfbone · · Score: 1

      "And that's just the abstract. You did all that? Amazing."

      No - and neither did the patent applicant, as you damn well know. The substance of the patent, as with all patents, is in it's independent claim(s). In this case ,claim 15 would appear to be the relevant one and it is indeed as simple and trivial as the parent poster originally suggested. The entire remainder of the text of the patent is the conventional and deliberate obfuscation designed to get it past the patent examiners in such a way that it has as broad an applicability as possible without it being so broad as to risk rejection.

      "See, right here what you're doing is this: you're demonstrating a lack of understanding of what a patent actually is. It describes an entire invention, in great detail."

      Sensing that the parent poster is naive in the arcane ways of the patent procedure, you present the jargonised abstract, which mostly contains a description of the already existing technology upon which the patent is based, as though it were in it's entirety, a summary of the pertinent part of the patent claim itself. You know full well that the apparent complexity of the patent text belies it's actual triviality and you know as well as I do the purpose of this complexity.

      You use this serendipitous advantage to bamboozle the innocent reader into a false belief of the sophistication of the invention itself, no doubt in order to further your contested assertions of the merits of software patentability. You are adept in your dissimulative practices, "my friend" but I cannot see the long term advantage in maintaining such a dishonest stance. Your cronies have already failed to successfully pull the wool over the eyes of the members of the European Parliament. Perhaps not everyone can be bought or lied to.

    89. Re:Existence alone is bad enough by Wolfbone · · Score: 1

      "I do believe there are a few algorithms which are sufficiently devious and clever that they might be deserving of patent protection. RSA is one example,.."

      Well it's ironic that you chose the RSA algorithm as your example. Have you read the patent? If you were familiar with the trivial lttle lemma in elementary number theory on which it's based, you would be shocked and scandalised - as I was when I first came across it. It is no more devious and clever than Pythagoras's theorem, possibly less so.

    90. Re:Existence alone is bad enough by PeterPumpkin · · Score: 1

      You don't know what you are asking for guy. This is another one of those things that looks good on paper, but can't be applied as intended.

      But I am certain it is clear. The regular old 9-5 insulation makes the world look a little simpler. But please try working for or starting a new tech based business, and I think you'll have a new perspective. There are people out there whose sole purpose is to enter your business and screw you over for whatever they can screw you over for. And they come after you full steam. You'd be suprised how aggressive these people are. Businesses need as much protection as they can get from people like this.

      There is more than one way to skin a cat, and patents don't take them all. Limiting or eliminating proprietary innovation, the kind that creates jobs and increased quality of life, is not an acceptable loss.

      Forgive me for sounding facist, but if you had your way my company and my job would be gone. That is not my opinion, that is not speculation, that is what I know.

    91. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      If you invent a bookshelf

      Bad example. A bookshelf, being a horizontal platform on which books are stacked, is not an invention. It lacks the property of being non-obvious. In its simplest form, a bookshelf is just a table, which is just a plank.

      A better example might be if I thought of some new and unique and non-obvious improvement to the bookshelf. Maybe a self-alphabetizing bookshelf for libraries. That's an invention, and worthy of a patent.

      If you then see it and build your own, yeah, you've stolen my idea. Bad boy.

      There are now two of the same idea. The first person still has it.

      Right, but what you've deprived me of, as the inventor, is exclusivity. That's not okay.

      You say it takes the ownership away, and has no right to, but in practicality, most of the time there is no way to enforce ownership when copies have been made and the knowledge distributed.

      Bull. It's very easy to enforce property rights. It happens on two levels. One: when I find out that you've stolen my idea, I send you a letter asking you nicely please to stop. You do, because you're a decent human being who has respect for my rights. If you refuse, then we go to level two: I sue you for a truly vast sum of money.

      It's not necessary that the ideas in question remain secret. They can, and should, be common knowledge. It's just that you're not allowed to do anything with those ideas until I give you my permission, because those ideas don't belong to you.

      What about the idea of using a chunk of wood as a club?

      It's not an invention. It's obvious. Why do you keep hauling out these really bad examples? Are you trying to derail the discussion?

      --

      I write in my journal
    92. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      Your earlier comment implied that without the promise of profit talented people wouldn't ever produce anything. That's pure bullshit.

      Jeez. Clue check on aisle one. Let me see if I can give you a basic lesson in how economics works.

      I have an idea. I'm a talented person, and I have an idea. Problem is, because I spent the last year sitting in my mom's basement trying to think, I have no money at all. I have to convince somebody to give me money to act on my idea.

      So I go to somebody with money and try to convince him to fund me. "What's in it for me?" he says.

      So yeah, for the most part, without the profit motive, talented people won't accomplish much. To the extent that they do, they're just following their whims, and not producing anything that really helps anybody else unless it's purely by coincidence. And even if they do happen to strike upon that coincidence, they're not going to be able to go anywhere without funding, and they're not going to get funding without the promise of profit for their backers.

      I really don't know how to say it any more simply. Your stuff about "the talented person will realize" is crap, plain and simple.

      I've got plenty of training in economics, both though education and real-world experience.

      Then why do the most basic concepts about economic motivators elude you?

      The personal computer market was a direct result of the "hobbyist [sic] sector" you so blithly denigrate.

      Actually, the personal computer was a direct result of IBM's realization that they could sell desktop computers just like they sold typewriters. Yes, a bunch of kids working out of their garages had demonstrated the possibility of a personal computer, but it took businesses to demonstrate the practicality. In some cases, Apple's for instance, the kids who built the do-it-yourself kits and sold them at club meetings concocted a business plan, found investors, and started a company. How do you think they secured investment? Through the promise of sweet profits for their backers.

      Go ask Steve Wozniak, who was just such a hobbyist-inventor, or read about the Wright brothers, who took up aeronautics as a sport.

      For every Woz or Orville there are ten thousand weekenders who never produce anything of note. If you throw spaghetti at the wall long enough, eventually a piece is going to stick.

      And conversely, keep in mind that businesses frequently produce stuff nobody needs or wants.

      Fortunately, the market is a classically Darwinian interaction space. Companies that produce stuff nobody needs or wants start producing things people need and want, or they cease to be companies.

      --

      I write in my journal
    93. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 0, Offtopic

      This is nuts! I won't even start on the idea of crediting the mass hallucination of a "creator" with granting you ANYTHING.

      We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights.

      I'm glad to know that your opinion of the fundamental concept underlying modern society is so high.

      If you think you have any right outside the framework of government and society you have lived MUCH too sheltered a life.

      Government exists to embody and protect those rights which we already have.

      Why is this an important idea? Because if you start with the premise that government grants rights, then you end up with the conclusion that government can revoke rights. And that's not true at all. In fact, that idea, in a nutshell, is one of the great fallacies of history.

      Everything you consider to be a god-given right granted to humans by their ever-lovin' creator can be taken away at the point of a gun.

      Sure. But just because I'm denied my rights at the point of a gun doesn't mean they cease to be my rights. Just because I'm deprived of (let's say) liberty doesn't mean I'm no longer deserving of liberty.

      If you break the law, we put you in jail. We, as a society, deprive you of your liberty, or in some occasions even your life. That doesn't mean we revoke your rights. It just means that you're being denied the free exercise of them because of what you've done. If, for instance, you are able to convince a judge or a governor that you are innocent of the charges of which you were convicted, you'll have your liberty restored. Because it was yours all along.

      Didn't you take a political theory or a government or a civics class in junior high? I swear, your teacher covered all this. Weren't you paying attention?

      You may think that you SHOULD have some particular right. You may believe that something should belong to you, or that beacuse you created it you should be able to control it, but the fact is you are not strong enough to force this view on everyone else, and there is no all-powerful creator to do it for you.

      Ah, now we're into a completely different discussion. We've gone from "people have inherent rights" to "people disagree about what those rights are." That's certainly true. But underlying all of it is the fundamental agreement that we, as human beings, are possessors of certain rights simply by virtue of our living existence.

      The only force that exists with enough power to grant or protect a right is the state.

      I'm sorry that you feel that way. I'm sorry that you think your rights are given to you and taken from you by the state. Your life must be very sad.

      (Those who are astute will notice that my position on this subject has evolved pretty dramatically over the past couple of years. The more you live, the more you learn.)

      --

      I write in my journal
    94. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      Patents and copyright are an artifice. They are the state overriding the natural order.

      No. The natural order is that the product of my labors belongs to me. I cannot rightfully be forced to work for another man without my consent; neither can I rightfully be forced to turn over my property without my consent. That's the natural order.

      The natural order also includes an element of perversity. You might have the power, through virtue of your size or your strength or your arsenal, to force me, against my will, to give up my property to you. Or you might be cunning enough to sneak in and steal my property from me when I'm not looking. These acts, however, are not right. They are possible, but unacceptable. They are wrong.

      Patents coerce you into sharing knowledge (through the bribery of a cash reward).

      Nonsense. Coercion means convincing somebody to do something that's contrary to their own best interest through intimidation, distortion, or deceit. Patents aren't a bait-and-switch proposition. There's no coercion there.

      --

      I write in my journal
    95. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      The substance of the patent, as with all patents, is in it's independent claim(s).

      No, that's not how patents work. In order for an invention to be protected by a patent, it must embody all of the claims in the patent. Similarly, in order for a work to infringe on a patent, it must infringe significantly on the claims in the patent. It's not enough to pull out three words and yell "Gotcha!"

      The entire remainder of the text of the patent is the conventional and deliberate obfuscation

      Yes, that's it. It's all a big frame-up. They're trying to cheat you out of what's rightfully yours.

      Have you taken your medication today? Are you sure you're on the proper dosing?

      You know full well that the apparent complexity of the patent text belies it's actual triviality and you know as well as I do the purpose of this complexity.

      I'd recommend thorazine. It does wonders to stop the voices in your head.

      You use this serendipitous advantage to bamboozle the innocent reader into a false belief of the sophistication of the invention itself, no doubt in order to further your contested assertions of the merits of software patentability.

      Maybe zoloft, paxil, or another SSRI-form antidepressant might help you with the generalized feelings of anxiety and paranoia.

      Your cronies have already failed to successfully pull the wool over the eyes of the members of the European Parliament.

      Then again, maybe the best alternative is hospitalization. It's gonna be okay, man. There are people who can help you. You don't have to live like this. Seek medical advice immediately.

      --

      I write in my journal
    96. Re:Existence alone is bad enough by sydb · · Score: 1

      So you're saying that patents are not the result of state intervention? God runs the patent office?

      Nonsense. Coercion means convincing somebody to do something....

      Yeah your right, that was a bad choice of word. But the rest of my sentence makes it clear: the bribery of a cash reward

      --
      Yours Sincerely, Michael.
    97. Re:Existence alone is bad enough by sydb · · Score: 1

      I'm sorry that you feel that way. I'm sorry that you think your rights are given to you and taken from you by the state. Your life must be very sad.

      Twirlip, this is exactly what happens in real life. Feel free to live in theory all you want but the problem is that the theory does not reflect reality.

      --
      Yours Sincerely, Michael.
    98. Re:Existence alone is bad enough by mcc · · Score: 1

      Hmm. Except the SegWay isn't software...

    99. Re:Existence alone is bad enough by mcc · · Score: 1

      I agree with you but I must differ on one point.

      A lot of people on Slashdot seem to think software development is inherently easier because they understand the process, and they don't understand other engineering processes.

      I cannot speak for anyone else, but I think that software development is easier than other forms of invention because of the degree to which it can be mechanized. For other sorts of engineering certain sorts of CAD tools exist, but nothing to the degree and flexibility one has with machines.

      In particular, with a computer program, going from your schematics to a functioning prototype is a matter of hitting the "compile and run" button. This seems to be a big deal to me in terms of the possibilities it offers to the hobbyist. I have an very, very basic grasp of mechanical and electrical engineering, and I can imagine that if I was willing to put an absolutely huge amount of work into it, I would be able to learn enough more that I would be able to sit down at a table and over time from scratch design an airplane. But what I can't seriously consider likely is that I would be able to design from scratch an even remotely working or quality airplane without ever being able to test it. Were I to sit down and create an operating system from scratch, I could have the computer test it flawlessly for me at every step of the process just by using that compile and run button. But if I were designing that hypothetical airplane, testing would have to be done by me, and would require materials...

      I guess the upshot of what I am trying to say is that while, as Mr. "There Is Nothing Which Naturally Occurs Without An Owner" Tulip higher up in this thread muses, there is indeed a financial cost associated with software development, it's a financial cost which stems wholly from programmer time (and, I suppose, the necessity for every single programmer to have a computer, by no means onerous). However every other field of engineering has costs associated with the act of engineering itself, the cost of testing, prototypes, materials for testing and experimentation. It seems to me that simulation can only provide so much and I think the chances in which a human mind could perform quality engineering without some level of direct experimentation are minimal.

      *shrug*

    100. Re:Existence alone is bad enough by mcc · · Score: 1

      There would be significantly less reason to "innovate" in this way if a competitor could copy them exactly if it was successful.

      But Apple's competitors do copy them exactly when they are successful, and yet Apple does continue to innovate.

      How do you explain this?

    101. Re:Existence alone is bad enough by mcc · · Score: 1

      Well, let's look at the industry. For the 30 years before 1981, not a lot happened. The industry was relatively small. Since then, there's been the desktop computing revolution, the rise of the internet as a publicly usable medium, and the software industry has gotten perhaps an orders of magnitude larger in two decades.

      What on earth are you talking about?

      The Internet existed before 1981. The IPv4 switchover occured in 1983 but had been gradually coming long before anyone knew you could patent software. The packet switching concept predates 1981, for example.

      Though its consequences were still in the process of being explored, the desktop GUI as a concept was invented before 1981 and was on active work at the time. Xerox PARC in particular did the bulk of its truly important work before 1981. Smalltalk had been finalized into its modern state. Object Oriented Programming had reached a level of conceptual sophistication rarely seen actually put into practice today, and was available in some very mature implementations. The deep fit between OO and GUI programming was well understood.

      UNIX and VMS had pretty much reached their final forms from an architectural standpoint by 1981, and every major non-RTS operating system on the market today is effectively running on either a UNIX architecture (Linux, Mac OS X) or a VMS architecture (Windows NT).

      The software industry has gotten an order of magnitude larger since 1981, but one cannot realistically point at patents as a cause for this; that is mere correlation. If you are looking for actual causation, an alternate theory for which you would likely be able to find far better and stronger evidence would be that the software industry has bloomed in the way it has since 1981 because and solely because of improvements in the field of hardware. I would say that the explosion in the size of the software industry has simply been because the fact hardware reached the point the PC was feasible meant computers became more accessible and thus the number of people available to sell software to increased dramatically.

      Saying "not a lot happened" before 1981 shows either a deep ignorance of of that period or that you are trying to ignore it.

    102. Re:Existence alone is bad enough by Libraryman · · Score: 1
      [Note to moderators: this whole thread is offtopic]

      I will not try to deny the inherent emotional appeal of belief in a creator, or in creator-granted rights. This belief is a great comfort to many delusional people, and it is even possible that it is the fundamental concept underlying modern society.

      Let me further grant that I make no effort to "convert" to a logical school of thought those who have chosen, in the complete absence of any evidence, to believe in such things.

      But allow me to restate my thesis. If you think you have any right outside the framework of government and society you have lived MUCH too sheltered a life. When I say "much to sheltered" I mean you obviously live in a country where people have a great number of rights, and have had them for so long that they have forgotten what it costs to get them.

      This planet is populated by billions of people who do not have that advantage. The theoretical rights that a creator has granted them mean nothing to them because they do not have the good fortune to live under a GOVERNMENT that honors those rights.

      You (or god) may assure them that they do indeed possess inalienable rights, they are just being prevented from exercising them, but I do not think that will be much consolation. Try to tell a young woman in a fundamentalist Islamic state that she has the right to an education, or to marry for love, or to go outside into the sunlight without covering from head to toe. Watch the comfort that it gives her when her father and brothers set her on fire to clean the stain that her speaking to you placed on their honor.

      The only force that exists with enough power to grant or protect a right is the state.

      I'm sorry that you feel that way. I'm sorry that you think your rights are given to you and taken from you by the state. Your life must be very sad.

      It's not. Believing that my rights are precious and must be protected makes my life happier. I am grateful every day for every right I retain. I do not take them for granted, and I do not forget or disdain the multitudes that died fighting the tyranny of religion and unenlightened mysticism to give them to me. If they had been given to me free of charge and could not be taken away what value would I place on them?
      Didn't you take a political theory or a government or a civics class in junior high? I swear, your teacher covered all this. Weren't you paying attention?
      Please, don't try to use the propaganda fed to you before your brain was developed enough to reason as an explanation for not applying reason to things now.
    103. Re:Existence alone is bad enough by Wolfbone · · Score: 1
      No, that's not how patents work. In order for an invention to be protected by a patent, it must embody all of the claims in the patent. Similarly, in order for a work to infringe on a patent, it must infringe significantly on the claims in the patent.

      That is an irrelevance, None of the other claims establish anything new. As is well known, I can infringe on this patent with a few lines of code. The fact that the code needs to be intended to run on the ubiquitous graphics display hardware described in the other claims of the patent is of no significance. Are you trying to imply that I need to design and build the hardware in order to infringe on it? Are you just ignorant or are you trying to deceive others into thinking that each and every claim in a patent is a claim to something new?

    104. Re:Existence alone is bad enough by BillyBlaze · · Score: 1

      All your arguments are based on your conjecture that copyrights and patents are fundamental, perpetual, and exclusive rights on the same level as the rights to life, liberty, and physical property. How do you justify that?

    105. Re:Existence alone is bad enough by naoursla · · Score: 1

      You should put this post in your journal. I think it addresses the core belief differences between you and those who disagree with you.

    106. Re:Existence alone is bad enough by NeMon'ess · · Score: 1

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

      In the Declaration it does not say property. It states there are others, unmentioned. If property is among them, and property is passed though wills to others upon death, do you therefore think ownership of inventions should be passed on indefinitely if willed by its owner? Once the block and tackle, gears, and hydraulics are invented, is it fair to expect all future inventors to pay for using those in their designs? Using leverage appears so simple it obvious. Should all inventors who don't want to pay have to use levers, such as the inventor of the crane?

      If property is not among them, and government exists to serve the people, I say the people are better served by the accumulation of knowledge, invention, and art for all to enjoy. You keep saying a life cannot be lived without a way to pay for it, and I agree. Creators should get compensation if others desire their work.

      You keep talking about the State granting and revoking rights. The people created the State, run it, and shape it. So the people had the State grant rights and remove others. Why should property be inalienable? It may help pay for the cost of living. Couldn't society decide we all work on kibbutzim growing and machining things to pay for living, but all invention and art are free for all?

      If you remember an applicable Journal(s), I'd read that.

    107. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      How do you not?

      How do you justify drawing an utterly arbitrary line and saying that this kind of property is subject to ownership and the natural rights of property, while this kind of property isn't?

      --

      I write in my journal
    108. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1
      In the Declaration it does not say property.

      It did originally. The phrase was inspired by the writings of John Locke. It wasn't until one of the later drafts that Jefferson changed it from property to "the pursuit of happiness." Most scholars with whom I'm familiar interpret the difference as meaning that Jefferson wanted to speak in more far-reaching terms. The right to property, as described by Locke--and, unbelievably, debated here, as if the question hadn't been settled once and for all centuries ago--is essential to the pursuit of happiness. The pursuit of happiness requires not only the right to property, but all sorts of other rights our society takes as a given: the right to freedom of speech, the right to freedom of association, the right to freedom of religion, and so on.

      The fact that Jefferson didn't use the word "property" doesn't mean that the Declaration of Independence doesn't declare an unalienable right to property.

      If property is among them, and property is passed though wills to others upon death, do you therefore think ownership of inventions should be passed on indefinitely if willed by its owner?

      I think that's the natural state, yes. As with copyrights, there are compromises to be made. But we must never forget that the rights belong to the inventor, and that seizure of property to advance the greater good is just that: seizure. There is a level of state intervention we're willing to tolerate for the good of society, but we mustn't forget that the rights belong to us and are being taken from us with our consent.

      Once the block and tackle, gears, and hydraulics are invented, is it fair to expect all future inventors to pay for using those in their designs?

      Yes. It's fair. There's an argument that it's not optimal for society, which is why we tolerate limited protection for intellectual property rights at all. But it's the fair thing.

      You are making a "what's best for society" argument. While that's a valid argument, it's not directly related to a "what's morally sound" argument. I'm making a "what's morally sound" argument.

      The categorical imperative is for the state to protect the natural rights of property owners. Anything else is a compromise. Possibly a worthwhile compromise, but a compromise nonetheless.

      Why should property be inalienable?
      The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it, that excludes the common right of other men: for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good, left in common for others.
      John Locke had a lot of wonderful things to say about natural rights. I'd suggest you check them out. His Second Treatise is the best place to start.

      Couldn't society decide we all work on kibbutzim growing and machining things to pay for living, but all invention and art are free for all?

      That's called collectivism, which itself is a euphemism for mass theft and forced labor. It's one of the great evils of the 20th century.

      Voluntarily sharing the fruits of one's labor is virtuous. Being forced to by an oppressive state is horribly, horribly wrong.
      --

      I write in my journal
    109. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      None of the other claims establish anything new.

      Okay, look. You're not getting this. I'm gonna try one more time to explain this.

      A patent describes an invention. It consists of several claims, all of which together describe the invention. You can't point at one of the claims and say, "This is nothing new." Hell, you can't even point at all of the claims and say "These are nothing new." Because the point is that the patent covers the combination of all of those things together.

      You cannot infringe upon the described patent with "a few lines of code." That's just silly.

      Are you trying to imply that I need to design and build the hardware in order to infringe on it?

      No, I'm not trying to imply that. I'm saying it.

      --

      I write in my journal
    110. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0
      Where's it gonna go from here?


      Back up to 5, apparently.
    111. Re:Existence alone is bad enough by Wolfbone · · Score: 1

      Your complete ignorance of what a patent is and especially what constitutes the actual invention contained therein is getting very tiresome.

      "You cannot infringe upon the described patent with "a few lines of code." That's just silly."

      Yes it is silly but it is true:

      http://lpf.ai.mit.edu/Patents/patents.html

      "No, I'm not trying to imply that. I'm saying it."

      Perhaps you can explain that to Autodesk - maybe with your expert legal assistance they can get their money back.

    112. Re:Existence alone is bad enough by DunbarTheInept · · Score: 1

      You're not supposed to be able to patent how you USE something, only how you ACCOPLLISH it.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    113. Re:Existence alone is bad enough by BillyBlaze · · Score: 1
      You only rephrased your assumption as a rhetorical question, but I'll still try to answer it. The "natural rights" of property are dependant on the conservation of mass and energy, a law we cannot change. That simply is not the case with any form of intellectual "property," so the line is drawn there. Any scarcity associated with existing creative works is artificial and mutable, and we apparently disagree as to how scarce our governments should make them.

      On one extreme, we could eliminate scarcity, for example by abolishing copyright law. This would clearly lower the cost of existing creative works, but it would remove the profit motive for creators. On the other extreme, we could make complete scarcity, for example by making patents perpetual and very strong. The profit motive would then be strong, but it would be more difficult to create, fewer people could afford the works, and their market would suffer. I think the ideal level is somewhere in the middle, and it varies between industries and with different types of creative works.

      In meatspace, we cannot change the scarcity, so we have no choice but to adapt our laws to it. We do this with "property" - limited, revocable, and transferable but otherwise exclusive and perputal control of the object owned. But those aspects of the right symbolized by the word "property" are seperable, and we are not required to choose between applying either none or all of them to creative works. Creative works and physical property are different, so the rights of creators and property owners need not be identical.

    114. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      The "natural rights" of property are dependant on the conservation of mass and energy, a law we cannot change.

      No, they're not. People much smarter than you or me have figured this out a long time ago. Go read some Locke, specifically his Second Treatise.

      In short: natural property rights spring from the notion of "the fruits of labor." A thing, a physical object, becomes your property when you have taken it out of its natural state and applied labor to it. Intangible things become your property when you expend intellectual or creative labor to create them.

      Given that your basic assumptions about the philosophy of natural rights are so far from the "state of the art," if you'll pardon the expression, we're going to have a hard time continuing.

      Any scarcity associated with existing creative works is artificial

      No, it's not. I have it, you lack it. That's scarcity in a nutshell. The intangible nature of good ideas, whether creative ones or useful ones, doesn't change the fact that they're not just lying around in the fields for anybody to pick up. Creating them requires labor, and the result of labor is property.

      On one extreme, we could eliminate scarcity, for example by abolishing copyright law.

      We could also make it legal for you to steal my furniture by abolishing laws that prohibit burglary. This would not "eliminate scarcity," nor would it be morally just.

      On the other extreme, we could make complete scarcity, for example by making patents perpetual and very strong. The profit motive would then be strong, but it would be more difficult to create, fewer people could afford the works, and their market would suffer.

      Right at the end, wrong at the beginning. I'm repeating myself here, but it's got nothing to do with scarcity. Property rights are natural in nature; they just happen, whether there's a government there to acknowledge them or another person there to violate them.

      But your conclusion in this graf is correct: we, as a society, recognize that limiting property rights in some situations is important. For example, it's not legal for a private citizen to own weapons-grade nuclear material. It doesn't matter if you buy it or if you mine and purify the uranium yourself from unclaimed deposits, it's just not legal for you to own it. The government doesn't recognize your property rights in that instance, and will seize your property in the name of a greater good.

      Similarly, we acknowledge that a greater good benefits when authors and inventors are stripped of their property rights after a time, so we do. Authors and other creators of creative works are stripped of their property rights after their copyright expires. Patent holders are stripped of their rights when the patent expires, if they chose to apply for a patent at all. If they didn't, their innovations are treated as "trade secrets" under the law and protected indefinitely.

      This is well and good. But we must never, ever slip into the error of believing that the government somehow "grants" or "creates" property rights. We must remember that things like expiring copyrights and patents are a legalized seizure of property.

      We accept this state of affairs only because it is pragmatic to do so. It is a small wrong in the service of a greater good.

      Creative works and physical property are different, so the rights of creators and property owners need not be identical.

      You still haven't answered my question. We begin at the beginning so as to avoid circular reasoning: property rights exist. Period, end of sentence. They exist. Given this fact, which can hardly be argued given that it underlies all modern cultures, how do you justify drawing a line and saying that this kind of property should be respected and this kind should not? How do you justify arbitrarily depriving property owners of their rights, based solely on the premise that some kinds of property exist as atoms and other kinds exist as ideas?

      --

      I write in my journal
    115. Re:Existence alone is bad enough by cft_128 · · Score: 1
      If you are right then perhaps you can explain why other creative industries have flourished without the need for patentability of their techniques, methods and ideas? The movie industry for example...

      Makes you wonder if they could patent movies and TV shows we would get more innovative entertainment and less rehashes of the same old crap. Might really reduce the number of reality TV shows. "I'm sorry, I have a patent on guy/girl matchmaker TV shows, you'll have to pay me a licensing fee to make another Bachelor."

      --

      Underloved Movies and Pub Quiz: donotquestionme.org

    116. Re:Existence alone is bad enough by BillyBlaze · · Score: 1
      I'm beginning to see where you're coming from. With the definition of property as fruits of labor, original works are property. I was thinking more in terms of property rights as the set of legal powers the government grants, and saying they needn't be the same for physical and intellectual property. So I can accept that creative works are natural property, as long as it doesn't follow that the government's protection of them should be limitless and perpetual.

      Your weapons-grade plutonium example is quite apt - that's how software patents are often used in the computer industry today, and why I think they should be limited.

    117. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      I'm beginning to see where you're coming from.

      I'm glad to hear it. Understanding my position is the first step toward bending to my will. :-)

      I was thinking more in terms of property rights as the set of legal powers the government grants

      I'm probably repeating myself here, but I just want to be very explicit: government exists to secure and protect those rights which we already have. Government does not grant anything, nor can it revoke anything.

      Your weapons-grade plutonium example is quite apt - that's how software patents are often used in the computer industry today, and why I think they should be limited.

      You're kidding, right?

      --

      I write in my journal
    118. Re:Existence alone is bad enough by Marxist+Hacker+42 · · Score: 1

      However, this whole line of thought from Locke depends on LABOR ITSELF being scarce- which world economic patterns over the last three years have shown beyond any shadow of doubt that labor in a world of 6 billion at our technology level is downright common.

      This throws the whole equation of how property is created and what its value is out the window-because after all, you can create exactly the same intellectual property with any one of a thousand human brains around the planet- and thanks to the Internet, there's almost no cost to using it. Thus the country with the cheapest labor is where the IP will come from- and the cost of labor going into it will be equivalent to that cheapest labor, which in China or the Sudan is practically free. Thus- where's the private ownership when the value is nothing?

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    119. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      However, this whole line of thought from Locke depends on LABOR ITSELF being scarce

      Um. No. I'm afraid you're misinterpreting Locke here.

      Let me see if I can make it perfectly clear: Property rights are not related, in any way, to economic conditions. They are natural rights, arising as an inevitable consequence from the state of nature.

      thanks to the Internet, there's almost no cost to using it

      That's both a misinterpretation of the basic philosophy and wrong.

      --

      I write in my journal
    120. Re:Existence alone is bad enough by Marxist+Hacker+42 · · Score: 1

      Um. No. I'm afraid you're misinterpreting Locke here. Let me see if I can make it perfectly clear: Property rights are not related, in any way, to economic conditions. They are natural rights, arising as an inevitable consequence from the state of nature.

      However- the "state of nature" Locke was talking about was the COST OF LABOR- and given enough technology, labor has no cost.

      thanks to the Internet, there's almost no cost to using it That's both a misinterpretation of the basic philosophy and wrong.

      Fine- show how. Don't just make statements- prove them. Show me why more than half the world has to live on less than $1/day if labor is so scarce that it actually has value. Show me that high-skilled information jobs aren't moving offshore so fast that we have a shrinking IT market in the United States. Show me that I'm wrong that Locke is basically outdated by recent events and trade agreements. Don't just say that I'm wrong- show it.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    121. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      However- the "state of nature" Locke was talking about was the COST OF LABOR- and given enough technology, labor has no cost.

      That's wrong two ways. First, because no, you idiot, that's not what Locke was saying; why don't you go read and learn?

      Second, it's wrong because it's impossible for the cost of any human endeavor to ever be zero. There's always opportunity cost. Hell, even the cost of food to sustain the participants for the duration must be taken into account. The cost of an endeavor can never be zero, no matter how many technological terrors you construct.

      Don't just make statements- prove them.

      Oh, please. "It's all free!" "No, it isn't." "Don't just make statement- prove them!"

      You've gotta be kidding.

      Show me that I'm wrong that Locke is basically outdated by recent events and trade agreements.

      That's the point where I have to hang it up. You're arguing that the philosophy on which all of Western liberal society is based is out of date because you have a modem. Or something.

      You're so far out in space right now we can barely maintain radio contact with you.

      --

      I write in my journal
    122. Re:Existence alone is bad enough by Marxist+Hacker+42 · · Score: 1

      You're arguing that the philosophy on which all of Western liberal society is based is out of date because you have a modem.

      Not what I was arguing- I was arguing that recent events have proved costs to be so incredibly relative that the entire concept of linking labor with cost is essentially meaningless. Do try to step outside of your philosophical box once in a while- at least enough to realize that economics is a human invention, and therefore completely outside of anything related to NATURE.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    123. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      I was arguing that recent events have proved costs to be so incredibly relative that the entire concept of linking labor with cost is essentially meaningless.

      That's untrue, though. Obviously.

      Do try to step outside of your philosophical box once in a while- at least enough to realize that economics is a human invention, and therefore completely outside of anything related to NATURE.

      Holy fuck, man. Can't you for just two seconds wrap your floppy ol' head around the fact that we are not talking about economics here? You are trying to apply an economic argument (the fixed cost of labor) to a philosophical question (the natural rights of property owners).

      And you're telling me to step out of my box?

      Pretty uppity, if you ask me.

      --

      I write in my journal
    124. Re:Existence alone is bad enough by Marxist+Hacker+42 · · Score: 1

      That's untrue, though. Obviously.

      Then why do we have Americans being laid off to move jobs overseas- if not to take advantage of the fact that costs are relative?

      Can't you for just two seconds wrap your floppy ol' head around the fact that we are not talking about economics here? You are trying to apply an economic argument (the fixed cost of labor) to a philosophical question (the natural rights of property owners).

      Ecconomics is a form of philosophy- in fact, it's little more than philosophy. The so-called "natural" rights of property owners aren't natural at all- they're an artifact of the economic system. For instance- the economic system of the Native Americans held that land can't be owned- it was outside of the bounds of their concept of ownership. It didn't matter if you cut down all the trees and put up a parking lot- in the end, the land was still not yours. This was the basic conflict between western civilization and the Native Americans.

      The whole concept of ownership itself is just a philosophical construct- there's nothing in nature that would insist upon us having a concept of ownership.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    125. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      Then why do we have Americans being laid off to move jobs overseas- if not to take advantage of the fact that costs are relative?

      That's not what you said. You said that the cost of labor is zero. You said that linking value to labor is meaningless. These things are untrue.

      Ecconomics is a form of philosophy

      Obviously false.

      The so-called "natural" rights of property owners aren't natural at all

      You haven't been reading your Locke. Why do you bother coming to class if you're not going to do the homework?

      For instance- the economic system of the Native Americans held that land can't be owned

      Heh. That's an oft-repeated myth. Property rights, including the rights of landowners, were vitally important to many native American tribes. Particularly the relatively advanced tribes of the Pacific Northwest like the Tlingit and the Haida.

      In fact, those tribes also had intellectual property traditions. It was considered a crime to sing another clan's songs without permission, for example.

      The whole concept of ownership itself is just a philosophical construct

      Sure. You just seem to be unaware of its philosophical basis, that's all.

      Also, you keep confusing philosophy with economics. You really should get over that. It's gonna keep tripping you up.

      there's nothing in nature that would insist upon us having a concept of ownership.

      Better rethink that. Consider, for example, the fact that all animals are, to a greater or lesser extent, territorial. Animals "understand" the concept of ownership very well, particularly the concept of the ownership of land. The idea of ownership is very much rooted in nature.

      --

      I write in my journal
    126. Re:Existence alone is bad enough by BillyBlaze · · Score: 1
      Right, but what you've deprived me of, as the inventor, is exclusivity.

      Accepting that the invention, being the fruit of your labor, is yours, how is its exclusivity yours? Someone else, unaware of your invention, could invent the same thing; it would then be theirs. Why should you be able to violate their right to it, as you can under the current patent system?

    127. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      how is its exclusivity yours?

      You mean how is it exclusively mine? Simple: I thought of it first. The one who gets there first gets to plant his flag and claim the land, so to speak.

      --

      I write in my journal
    128. Re:Existence alone is bad enough by BillyBlaze · · Score: 1
      But now you're using physical analogies, which doesn't cut it. The other guy took the same base of knowledge, added labor, and came up with a similar invention. But he's not only robbed of exclusivity (not that he had it), he also can't even use his own invention without paying. How is that not wrong?

    129. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      But now you're using physical analogies, which doesn't cut it.

      Sure it does. See, what you need to do here is to come up with an argument for why these customs and traditions should no longer apply to all kinds of property, but rather only to some kinds.

      How is that not wrong?

      The greater wrong is to declare that an entire class of property rights no longer exists.

      You can cry "it isn't fair!" as long and as loudly as you want. It's not relevant, and it's hardly persuasive.

      You're the one advocating change, so make an argument!

      Oh, I don't know why I bother. Slashdotters wouldn't know the reasoned debate of ideas if it crawled up their legs and bit them on their butts.

      --

      I write in my journal
    130. Re:Existence alone is bad enough by BillyBlaze · · Score: 1
      Sure it does. See, what you need to do here is to come up with an argument for why these customs and traditions should no longer apply to all kinds of property, but rather only to some kinds.

      IP rights, or if you prefer, governments' recognition of them, have become strong only recently, so don't argue from tradition (and lay off the ad hominem, while you're at it.). But to answer your question simply, the tragedy of the commons is not applicable to intangible things. The greater wrong is to declare that an entire class of property rights no longer exists.

      There can be a middle ground. Specifically, you can limit the scope, duration, and applicability to non-commercial, fair, or private use of protection of IP rights. Compromise, and not either extreme, will minimize the total harm.

    131. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      IP rights, or if you prefer, governments' recognition of them, have become strong only recently

      Australian aborigines recognized property rights over songs and stories fifty thousand years ago. Native Americans recognized then ten thousand years ago or more; their histories don't go back quite as far. The examples of cultural tradition of property rights over intangibles are legion. Google for your own enlightenment.

      and lay off the ad hominem, while you're at it

      First, grab yourself a dictionary and look up what "ad hominem" means, because you're obviously confused about it. Second, this is not a high-school forensics team. If you can't take the heat, stay out of the kitchen.

      But to answer your question simply, the tragedy of the commons is not applicable to intangible things.

      Of course it is. I have an idea or a creative work: you lack it. That's scarcity. "I could have thought of that!" is trumped by the fact that you didn't.

      (Might want to find another metaphor, by the way. Hardin's work in "The Tragedy of the Commons" [1968] was pretty much invalidated by Borlaug's work with dwarf wheat [1970]. Same with Ehrlich's work in '68. In other words, the assumption that scarcity is absolute is not a valid one. Not all games are zero-sum.)

      Specifically, you can limit the scope, duration, and applicability to non-commercial, fair, or private use of protection of IP rights.

      Yes! Yes! A thousand times yes! It's possible, and even proper under the right circumstances, for society to limit rights in order to advance a greater good.

      But we must never cross the line into believing that those rights are somehow the state's to grant or revoke. We must never forget that those rights are ours, and that we voluntarily give them up for our own purposes.

      Crossing the line into "this kind of property is protected by property rights; this kind is not" is a mistake, both in terms of being incorrect and in terms of being wrong.

      --

      I write in my journal
    132. Re:Existence alone is bad enough by BillyBlaze · · Score: 1
      Of course it is. I have an idea or a creative work: you lack it. That's scarcity. "I could have thought of that!" is trumped by the fact that you didn't.

      You're missing the distinction between an idea in your head and an idea "out in the open." What I'm saying is, one person's use of an idea does not interfere with another's use of it, which is not true when you substitute "land" or "widget" for "idea." It may interfere with your incentive to share the idea, or your ability to sell legal rights to use the idea, or the market for objects which embody or are produced using the idea, but it doesn't affect the utility of the idea itself.

      On the whole I think I accept the theoretical framework being built here, but I don't see it's utility. Whether the government grants rights or simply recognizes them, it's still up to the government to decide to what extent it should do this. That decision should be the most beneficial one given the prevailing conditions, not one biased by any academic theory.

    133. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      What I'm saying is, one person's use of an idea does not interfere with another's use of it, which is not true when you substitute "land" or "widget" for "idea."

      That (1) untrue and (2) irrelevant. Let's say I have an idea, and I intend to profit from it. If you then copy my idea without my permission, you are interfering with my ability to profit from my invention.

      But the larger point is this: so what? We're not talking about economics here. We're talking about property rights. You're saying that we should just arbitrarily revoke an entire class of property rights on the basis of economics. How does that work, exactly? What's your moral justification for that?

      Whether the government grants rights or simply recognizes them, it's still up to the government to decide to what extent it should do this.

      No, no, no. Government exists only as long as it enjoys the collective consent of those subject to it. To say "it's up to government to decide" is completely backward, and dare I say dangerous to boot! Because once you start thinking about "government" as this abstract thing that has some existence of its own, above and beyond merely being an object of the collective will of the people, then you've opened the door to all sorts of tyrannies.

      We have our rights. They belong to us. We are endowed by our creator. (That phrase should ring a bell.) Government exists only to protect our rights and facilitate the expression and enjoyment thereof.

      That decision should be the most beneficial one given the prevailing conditions, not one biased by any academic theory.

      No. When we're talking about the potential for tyranny, it's principle over pragmatism every time.

      --

      I write in my journal
    134. Re:Existence alone is bad enough by BillyBlaze · · Score: 1
      What I'm saying is, one person's use of an idea does not interfere with another's use of it, which is not true when you substitute "land" or "widget" for "idea."
      Let's say I have an idea, and I intend to profit from it. If you then copy my idea without my permission, you are interfering with my ability to profit from my invention.

      ... It may interfere with your incentive to share the idea, or your ability to sell legal rights to use the idea, or the market for objects which embody or are produced using the idea, but it doesn't affect the utility of the idea itself.
      (Would it kill you to read the whole paragraph?) In other words, if you invent and share a way to turn water into gasoline, my using it to turn my water into gasoline doesn't affect your using it to turn your water into gasoline.

      Because once you start thinking about "government" as this abstract thing that has some existence of its own, above and beyond merely being an object of the collective will of the people, then you've opened the door to all sorts of tyrannies.

      OK, fine, it's up to the collective will of the people to decide.

    135. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      (Would it kill you to read the whole paragraph?)

      Would it kill you to see the big picture for a change? ;-)

      In other words, if you invent and share a way to turn water into gasoline, my using it to turn my water into gasoline doesn't affect your using it to turn your water into gasoline.

      Both true and completely irrelevant for reasons I described above.

      OK, fine, it's up to the collective will of the people to decide.

      No-ooo... not exactly. If the people decided, collectively, that rape is okay, would that be just or moral? No, of course not. The fact that a group of people living as a society decide to deprive a whole swath of their peers of their rights is not justified by the fact that the majority voted for it.

      Remember what I said above: the purpose of government is, in part, to protect our rights. And that includes protecting them from one another.

      --

      I write in my journal
    136. Re:Existence alone is bad enough by Sloppy · · Score: 1
      What a crock. Property rights are just that: rights. They exist in and of themselves. Government doesn't grant them or take them away; it merely deigns to enforce them. Or, unfortunately, sometimes opts to ignore them.

      Copyright law, to continue using the example I brought up above, is a compromise. On the one hand, we as a society recognize and hold dear the absolute, unalienable right to property. But on the other hand, we know that society is better off if creative works become freely available to all after a time.

      (10 days later, so I don't know if you'll see this, but...)

      You were so close to right, and then stumbled at the end. The compromise isn't that we decide that society is better off, if someone's property is siezed. The compromise is that we decide society is better off, if we pretend that ideas are similar to property.

      (Read Article 1 Section 8 again. Notice what power it gives to congress. It doesn't give congress the power to sieze property; it gives congress the power to establish monopoly.)

      You are right that government doesn't grant rights. We already had them before government existed. We already had property before government existed. But we didn't have "intellectual property." That is a social construction.

      You can see this in nature. Invade a dog's turf or try to take the bone he is chewing on, and he will growl at you and perhaps bite. Those things are his property. Now suppose the dog thinks up some clever idea. Does he get growl if someone else sees what he does and copies the idea?

      The only "intellectual property right" I have ever heard of, is the [trade] secret. If you can keep a secret, it's yours and mechically works just like conventional property in most senses. Patents and copyrights, on the other hand, only exist as an artificial creation backed by government.

      Without government, you can still own physical objects. But there are no patents. So if you insist that "government does not grant rights" (which I happen to agree with) then monopoly must not be a right. It must be something else, because without government, it doesn't exist at all.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    137. Re:Existence alone is bad enough by Twirlip+of+the+Mists · · Score: 1

      The compromise is that we decide society is better off, if we pretend that ideas are similar to property.

      This is bullshit, and I'm fucking tired of hearing it.

      Property is property. If you want to arbitrarily decide that some kinds of property aren't really property and therefore can't be privately owned, then you're no better than the fucking collectivists.

      We already had property before government existed. But we didn't have "intellectual property."

      Ownership of songs and stories is a tradition that goes back 50,000 years or more. The aboriginal people of Australia had taboos against singing another person's song 50,000 years ago. Similar traditions can be found in all known cultures.

      Even today, there are primitive peoples living in Papua New Guinea and other remote places who believe that to even say another person's name without permission is theft.

      Don't give me that "intellectual property is just a social construct" crap. It's a fucking lie, and you know it.

      I'm so fucking sick of you idiots thinking you're so smart then demonstrating a fundamental ignorance of basic human history or philosophy!

      --

      I write in my journal
    138. Re:Existence alone is bad enough by Anonymous Coward · · Score: 0

      I'm so fucking sick of you idiots thinking you're so smart then demonstrating a fundamental ignorance of basic human history or philosophy!

      God, what a pathetic troll you are. Everyone who studies history or philosophy agrees with Twirlie on this, right? Wait a minute - they *don't*. So much for that "argument".

      That entire post is simply more evidence in support of the Greater Internet Fuckwad Theory.

    139. Re:Existence alone is bad enough by Sloppy · · Score: 2, Informative

      It's a fucking lie, and you know it.

      No. You're wrong if you think I'm being insincere or trolling.

      Perhaps you have some good sources, but your position is contrary to common opinion of property and American history. People have damned good reasons for not buying into the relatively new invention of "intellectual property." And I have to say, you're awefully cynical. Do you think this topic has been so hotly contested for the last 200-300 years just because everyone wants to steal?

      Property is property. If you want to arbitrarily decide that some kinds of property aren't really property and therefore can't be privately owned, then you're no better than the fucking collectivists.

      Nice tautology. If one accepts that publically disclosed ideas are property, then yes, it's very dishonest to make weird exceptions to "property is property." But if one doesn't accept that publically disclosed ideas are property to begin with, then no such dishonesty or contradiction has occurred.

      So quit calling me a fucking collectivist.

      Now onto the issue..

      Even today, there are primitive peoples living in Papua New Guinea and other remote places who believe that to even say another person's name without permission is theft.

      Such a ridiculous extreme example just discredits Papua New Guineans. I can't believe you actually agree with that position, unless you actually went to the trouble of licensing your Slashdot handle from Vernor Vinge. If that culture thinks that speaking someone's name is theft, then that culture's concept of property is utterly alien.

      I'll have to take your word on the Australian aboriginal song anomaly. But when you get to European (and today's American) culture, everything points to this stuff emerging with the medieval guilds, which definitely got their power from the state rather than the most people's concepts of right and wrong. (Contrast this to what a typical medieval person might think about someone stealing a cow.) In Britain, there weren't even modern-like laws about this stuff until the 17th century (patents) and 18th century (copyrights). (Again, compare this to laws about physical property.) And even those laws were primarily intended to attack the guilds (e.g. the Stationer's Company). And it was America that really led the way. And even that 1789 wording doesn't talk about property or as though the purpose was to protect a right, but rather, talks about the pragmatic utility. (Though I do concede that Madison does talk that way in the Federalist papers (#43) -- but I guess his views on this particular topic weren't too popular, because look what we ended up with in the Constitution).

      If this idea is so deeply rooted, then why are all the laws so new? Laws about physical property sure aren't new.

      Similar traditions can be found in all known cultures.

      Fine, trot out some more obscure cultures. But it's a new idea in Europe and America. The ancient Greeks, Chinese Confucians, Islamic states, Jews, and early Christians all had pretty much the same idea: knowledge came from the gods (or God) (or "the ancients") and "today's" people couldn't own it. As late as the Rennaissance, artists were thought of as "divinely inspired."

      Get to the Enlightenment and finally people starting giving humanity some credit, and this idea started to pop up. Now, I don't belittle 1700s thought at all; just because it's new, doesn't mean it's wrong. Heck, most of what I believe in seems to come from that era. ;-) But even then, the idea that ideas could be owned, was controversial: which is why the constitution says what it says, and that copyrights and patents still have expiration dates. Maybe it really is a collective argument, but the opposition's summary is that there's prior art and inspiration behind just about everything. And many inventions are rooted in ob

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  89. "Amiga isn't gay" by Anonymous Coward · · Score: 0

    Oh really? That's not what it said when I fucked it up the ass last night.

    Sincerely,
    BeOS

  90. Prior Art: Floats Mobile Agent by Anonymous Coward · · Score: 0
    FMA Soureforge.

    FMA has time dependant translucency. When you link it up to your mobile, each time you recieve a message a window pops up with inital translucency showing the message, if you ignore it, it becomes gradually more transparent until it dissapears.

    I've been using one release or another for over a year now.

    Software patents only help to destroy innovation.

  91. Parent hasn't tried KDE 3.2. by Anonymous Coward · · Score: 0

    He woudn't of made that totaly ignorant comment if he did. He'd know that the KDE designers sweated for a YEAR to get KDE absolutey perfect.

    I guess he dosen't want a free copy of Mandrake 10 to see for himself either.

    Stop with the Linux is hard FUD. All the major distributors are bending over backwords to make Linux easy to use!

    1. Re:Parent hasn't tried KDE 3.2. by Peter+Cooper · · Score: 1

      I've used Mandrake 10 and KDE 3.2 for a while, and sorry.. it's not a patch on OS X. I mean, come on.. no proper window translucency, no magnifying dock, and it's a lot slower. Of course, it's better than Windows.

    2. Re:Parent hasn't tried KDE 3.2. by Killall+-9+Bash · · Score: 1

      sound is broken (sound processing delay punctuated with random bursts of noise at max volume) under KDE 3.2 for me.

      maybe i installed it wrong, but that's kind of hard to do using Gentoo.

      Gnome comes alot closer to what i want from a desktop environment, but i can't quite bring myself to work at getting double-click and right click behavior working right in..... damn, which one of those apps was Gnome's 'official' file browser? Nautalus? Hell, couldn't even get it to "view as" in any way that was asthetically and ergonomically acceptable to me. Installing Gnome themes is also semi-broken. (i managed to to it once, a long long time ago)

      --
      "Prediction: within 10 years, Windows will be a Linux distribution." Me, 7-6-2016
    3. Re:Parent hasn't tried KDE 3.2. by Anonymous Coward · · Score: 0

      Window translucency I grant you (that is being fixed - it requires the "Cairo" X compositing extensions Keith Packard is working on), but KDE has had a "magnifying dock" for ages - you just need to turn it on.

  92. How about this? by ManyLostPackets · · Score: 1

    Gradual highlighting in action, though written in javascript and geared more towards web usage...Though I'm going out on a limb here as I havn't RTFPA
    http://www.dynamicdrive.com/dynamicindex17/stickyn ote.htm

  93. -1 Didn't RTFA by Sanity · · Score: 1
    It isn't just any kind of translucent windows, it is specifically using them in a time-based manner.

    That isn't to say that the patent isn't bullsh1t, most software patents are.

  94. That's not fair! by Anonymous Coward · · Score: 2, Funny

    "I can understand why though, without their GUI to set them apart what do they really have to offer?"

    Well, they've got this thing where the power button is on the keyboard.

    And you get to Think Different

    Oh, and the iPod. Don't forget the iPod. Which is eardelicious!

    Apple is wonderful. Sigh.

    1. Re:That's not fair! by beerits · · Score: 1

      Well, they've got this thing where the power button is on the keyboard.
      The power button is no longer on the keyboard.

      Well, they've got this thing where the power button is on the keyboard.
      Think Different has not been part of their marketing for several years.

    2. Re:That's not fair! by Anonymous Coward · · Score: 0

      +5 party pooper

  95. Patent is not about "translucency" but about OSD by Markus+Peter · · Score: 5, Informative

    Disclaimer: I'm equally opposed to software patents as everyone else here is, I just want to corrent some misinformation here.

    I do not want to spoil the fun here, but this patent is in fact not about translucent windows, so anyone here posting about prior art in the respect is basically Off Topic.

    Instead, the patent basically describes the overlays Apple has been using for certain system functions like increasing/decreasing brightness (whenever you press the corressponding buttons on the keyboard an overlay shows up, displaying the current volume, and then slowly fades away again unless you press the key again). The patent exactly describes the Apple OSDs, even if maybe in a bit of general way, so it could probably be applied to similarly behaving ordinary windows.

    A comparable programm would e.g. be "xosd" and prior art would probably be best searched for in TVs and other appliances using on-screen-displays.

  96. Don't you think??? by Anonymous Coward · · Score: 0

    I am pretty sure that Apples lawyers would have looked at prior art issues before going for the patent.

  97. Innovative? How? by Anonymous Coward · · Score: 1, Interesting

    The concept of fading by decrease or increase in alpha-channel, but based on a timeout value? Genious!

    Fight the Patent

    The law is at fault, not the blood-sucking corporations, who go unpunished for way too many things because of, you guessed it, the law. Who makes the law? Hmm.. I wonder..

  98. Miranda by eddy · · Score: 1

    In Miranda you can set "Hide contact bar after it's been idle for X seconds". You can also set the transparency of the contact bar when active and when inactive (I run 0%/25% -- very practical being able to read through the window when it isn't in focus). In addition, you can set it to FADE OUT on going from active to inactive.

    Result: The window fades out after having been inactive after X seconds (user defined). Activate Miranda again, and it fades back in.

    I guess the question is "how far" is the leap from timed fading out to what Apple describes -- which includes a threshold of fading where the overlaying windows stops recieving events.

    In my mind, that's not a great leap, but rather a necessity if/when you set the fade-out to be very slow. The main difference is that current apps fade quickly, while Apple seems to describe a situation where it's very gradual. Is manipulating 't' -- thereby being forced into chosing when to stop accepting events, novel? I'd say, not very.

    I'm not sure when miranda got this, but I guess it's been there since 2001-2002, possibly earlier.

    --
    Belief is the currency of delusion.
    1. Re:Miranda by nacturation · · Score: 4, Informative
      The Apple patent was filed in December 1999. The abstract is fairly clear as to how it differs (emphasis mine):
      Methods and systems for providing graphical user interfaces are described. overlaid, Information-bearing windows whose contents remain unchanged for a predetermined period of time become translucent. The translucency can be graduated so that, over time, if the window's contents remain unchanged, the window becomes more translucent. In addition to visual translucency, windows according to the present invention also have a manipulative translucent quality. <b>Upon reaching a certain level of visual translucency, user input in the region of the window is interpreted as an operation on the underlying objects rather than the contents of the overlaying window</b>.
      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    2. Re:Miranda by eddy · · Score: 1

      I still don't think it's novel. If you fade out very slowly, you're forced to consider the question of when the element is to be concidered 'dead'. It's just a natural consequence of fading slowly -- not something non-intuitive which should require any special inventive skills to come up with.

      Fading out (not novel) * doint it slowly (not novel) * reacting to problem posed due to doing it slowly (not novel) = not novel.

      Feel free to disagree, but Apple -- and everyone else -- should focus on creating a good implementation instead of abusing the idiocy of software patents.

      --
      Belief is the currency of delusion.
    3. Re:Miranda by k_187 · · Score: 1

      Its not that it fades out that the grandparent is asserting as the difference. Its when the window gets %X faded out, you interactions go through the faded window, and onto stuff behind it.

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
  99. Re:Software patents are GOOD by Anonymous Coward · · Score: 0


    They help keep people employed

  100. X2 - The Threat - Egosoft. by Anonymous Coward · · Score: 0

    Depending on when Apple filed for this...
    X2 - The Threat - egosoft.com
    Has translucent menus - released Fall 2003.

    A shameless plug for my favorite game too

  101. Obvious! by salesgeek · · Score: 0

    There is nothing novel whatsoever about using a native capability of a display adapter or graphics library to render something to the screen. This is like allowing someone to patent green or blue dye for white paint.

    Apple should be ashamed. There's a reason corporate America doesn't like them: they have been shifty on products, terms and technologies. If you are going to patent something, then make sure it's novel. That doesn't mean patenting a method to display a freaking window.

    I feel better now.

    --
    -- $G
  102. evil software patent or evil software empire? by Roskolnikov · · Score: 2, Insightful

    A long time ago in a galaxy far far away.................

    Apple had a relatively new look and feel in the personal
    computer arena.
    Microsoft said hey, we should license this.

    Apple said OK, license it for Windows 286 and/or 2.0 and
    continued to develop the interface.

    Apple continued to develop the interface while Microsoft
    continued to develop the interface to DOS.

    Apple made great strides in the gui department while Microsoft
    continued to develop a new version of Windows with these
    unlicensed enhancements.

    Apple cried foul, Microsoft released Windows 3.

    Apple sued.

    Why are the patenting this? its new and they would like to implement it in their products without concern or loss in R&D
    as it is quite clear that Microsoft has no problems rolling innovation into their products, problem is it isn't their innovation.

    JMHO and some will take this as flame bait but as long as the software model is 'we charge you to use this';
    for profit businesses need some form of remedy to protect themselves from the Microsofts of this planet.

    --
    Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
  103. Vitrite by blunte · · Score: 3, Insightful

    Here it is - Vitrite

    This isn't time-dependent, but it is very handy.

    --
    .sigs are for post^Hers.
  104. drag and minimize? by emilng · · Score: 1


    Hmm..

    Maybe I should patent draggable and minimizable stained glass windows then.

  105. new feature for Expose' ? by johnpaul191 · · Score: 1

    It almost sounds like this may be an added feature for Expose' if it works out. Then again Apple had a ton of software patents that don't seem to make it into software releases.

    it almost sounds like you can somewhat read a window while adding text to another.... like copying text or taking notes to another window (application?) while reading from one. i guess it would be nice in cases where Copy&Paste is not useful. adding info to a database/addressbook comes to mind quickly. because of the fields being broken up you can't just copy and paste the whole thing.

  106. No, you're being stupid by Anonymous Coward · · Score: 1, Interesting

    You're saying when Apple patents something obvious, its okay because they're not a monopoly?

    So its okay when Amazon patented one-click because they're not a monopoly? Probably not.

    Lets face it. You're talking like an idiot because its apple. If something is "bad", its simply bad. In this case, there is no moral relativism. This is just bad.

    Its okay to criticize apple. The magic juju won't go away.

    1. Re:No, you're being stupid by fmorgan · · Score: 1

      this isn't any issue of "moral relativism". First, is actually the law. Some of MS behavior is illegal just because it was considered a monopoly.
      Second, you are comparing the impact of a small "corner shop" to a "WalMart".
      Third, patents and copyrights were actually created to protect small and independent inventors. they are not "inherently" evil. The GPL relies heavily on copyright protection. Now it's true that both patents and copyrights have been been really abused lately, but no system is perfect.

      Also don't forget that some things described as "obvious" weren't so initially. For example, the Amazon "one-click".. According to the "legend", when Bezos saw the first "implementation", it had a "Are you sure?" question after you used the one-click. How many of the developers out there won't do the same thing, adding a confirmation button? But that would have made the "one-click" actually a two-click.

      Also, in these litigation-happy times, companies are using patents also as 'self-protection' (or 'retribution'). Maybe it's some kind of new version of the MAD doctrine (Mutual Assured Destruction)...

  107. Another game with with translucent windows by MrKevvy · · Score: 1

    The Elder Scrolls III: Morrowind. Released in 2002. Screenshot

    --
    -- Insert witty one-liner here. --
  108. Re:1998 - Not good enough by terminal.dk · · Score: 1

    The Windows are not translucent. They just have a background picture in them.

  109. nVidia's nView Desktop Manager by Bagels · · Score: 0, Redundant

    Computers with nVidia cards can have transparent windows when the windows are dragged - as well as transparent drop-down menus, etc. Definitely prior art on this one, and I wouldn't be surprised if nVidia themselves challenged Apple over this one.

    --
    --- Bwah?
  110. Prior art in KDE by Baloo+Ursidae · · Score: 0, Redundant

    For the record, I'm looking through a transluscent konsole at a photograph of a brown bear that makes up my desktop background.

    --
    Help us build a better map!
  111. Glass2k by Anonymous Coward · · Score: 0

    My copy of Glass2K which does this in W2K
    dates from 26 Nov. 2001. That is my exe
    so the source is certainly older and was
    published by that time.

  112. Winamp ver 2.80 translucency plugin by sprior · · Score: 1

    I've been using a plugin with Winamp for more than a year which makes it translucent. Desktop icons are visible through the playlist so it's not just the background pasted.

  113. Non-Transparent by Anonymous Coward · · Score: 0

    Has anyone patented Non-Transparent windows, that remain the same over time?

  114. Grr by starseeker · · Score: 1

    Isn't there any chance this could be defeated based on obviousness? There have been desktop features which change as a function of time, and there have been transparent windows (Fresco, if nothing else, has demonstrated true transparency. Although without the time related aspects.) So doing things with transparency as a function of time is now innovative?

    This is getting silly. I can suggest possible uses of transparency including a translucent news feeder running as a desktop background, a file manager where larger files are less translucent than smaller ones, or where translucency is used to indicate permissions (opaque files are read and write, translucent ones are read but not write, and more translucent ones are neither read nor write.) These are off the top of my head - perhaps with more thought I could arrive at others, maybe even something useful. The point is if you have the technical possibility of transparency, a lot of things are going to occur to any desktop designer worth their salt. But I'm not sure how you would indicate that this is "obvious" to the patent office, since there is not likely to be any papers out there on the use of transparency in desktops. It's just not something people have thought about at all yet, since no one but Apple has actually had them to consider as practical concerns.

    Maybe the place to look is games - those GUIs are probably the most relevant to this issue. But please, for the love of $DEITY someone convince the patent office that computer specific patents shouldn't last 20 years! As far as the market cycle of computers is concerned, you might as well have granted them an eternal monopoly, particularly where free software is concerned. Look at freetype - they are still waiting out an Apple patent on how to optimally handle fonts and will be for years.

    I've suggested it before, but here is another good indicator of why it would be useful. Let's get a new type of filing at the patent office - Documentation of Prior Art. This type could be filed at no cost to the filer, since its only purpose is to describe an idea and not to profit off of it. We could put down all the obvious ideas these companies want to patent, and without having to pay the huge $$$ for a patent filing get things on record. THEN, have the patent office be finanically liable if they grant a patent which is overturned later using something in the Documentation of Prior Art database, which they will HAVE to go through as part of their own knowledge database.

    Most of the problem is the patent office just doesn't know what is and isn't obvious in computers. So their approach is grant the patent and let the courts figure it out. Which is deadly to open source. The system needs to change, or eventually someone will pull a patent trigger the way SCO pulled the IP/derivative works trigger. Only with patents the chamber might not be empty.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  115. You can do transparency with this JavaScript ... by Anonymous Coward · · Score: 0
  116. Prior Art by Anonymous Coward · · Score: 0

    johnytech.com
    the program on this site called transparent windows allows you to make windows completely transparent or semi-transparent (which is the definition of tranlucent isn't it?)

  117. Windows 2000 by Anonymous Coward · · Score: 1, Informative

    Windows 2000 had translucent windows built into it called layered windows. Very easy to do, only involves two API calls, one to set the window to layered and one to set an opacity level of 0 to 255.

    Prior versions of Windows could do translucency, but it required more work and wasn't directly supported by the OS.

    Sorry Apple, MS beat you to this one. (Not saying MS invented it, I'm sure other systems had it before MS, but MS did have it before 2004.)

  118. Yeah! by Anonymous Coward · · Score: 0

    "they are attempting to patent a very particular behavior of a window. One that I have NEVER seen used in an OS or app before"

    Well if YOU have NEVER seen this behavior before, I guess it deserves a patent!

  119. Patent Office Revamp by Anonymous+Custard · · Score: 1

    I think the patent process should be revamped...

    Instead of relying on a single patent officer's research, they should accept comments on patents. Just like all the ones we post here about prior art or hidden loopholes that grant the patent too much power.

    Call it distributed research... there are thousands and thousands of untapped geek-hours available to help the USPTO focus their research, and it would help to prevent patent disputes in the future.

    The EFF has already set up a program to challenge existing patents, so why not set up a program to help stop these patents before they are ever granted?

    During the process of establishing prior art, we could also make a list of "public domain patents" granted to the American people for things that have widespread prior art, to make it easier to stop patents in the future (just refer to the list, and if a new patent application overlaps at all with a "public domain patent", the entire appliaction is rejected and must be resubmitted).

    What do we think?

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

      Yes , what is needed is a patent researchers "resource", but the problem is fostering a community around it and getting patent researchers to actually use it. The must have an arsenal of tools at their disposal, or do they just limit their research to existing patents, If no-one has patented before then it must be okay...

    2. Re:Patent Office Revamp by nsxdavid · · Score: 1

      Oh great... we allow comments on patents like we have here. Almost all the comments here are based on what the story blurb said and not the actual patent text. Which is typical. Now you want the examiner has to get through all this garbage too? :)

      --
      David Whatley
    3. Re:Patent Office Revamp by Anonymous Coward · · Score: 0

      As a patent examiner I am continually amazed at the incredible low quality of prior art that slashdot produces with every patent article posted. Buying a loaf of bread = the amazon one-click shopping patent? Fucking hilarious stuff, but otherwise incredibly useless. Unless you plan to take this "community prior art" search thing more seriously than you do when looking for prior art in the course of posting your comments, this will just waste the examiners already unecessarily short amount of time to examine applications.

  120. Why would I want this? by tomhath · · Score: 1

    So the invention is: I put one window on top of another. After a while the window on top fades and the one under it becomes active. I don't understand why I would want that to happen.

  121. Is that really a good idea? by Anonymous Coward · · Score: 0

    (Software)patents are always bad and should of course be fought on that ground. But I have a hard time see the point with this particular function. Transparent windows are a bad idea from the beginning. The text in those windows are harder to read. why would anyone want that? And when it's fading you get changing graphics that may draw your attention away from what you're really doing (depending on how fast it fades of course).

    So what you will end up with is text that's harder to read in applications that will be harder and harder to find if you don't use them. ;-)

  122. I have a screenshot... by aled · · Score: 1

    This would change everything if you look at it, but it is, like, transparent. Can I patent invisible screens?

    --

    "I think this line is mostly filler"
  123. In other news... by eyepeepackets · · Score: 1

    Jay Smiley from Los Angeles, California applied for and received a U.S. patent on the phrase, "really sucks" and henceforth anyone or any thing using this phrase will be required to pay royalties to Mr. Smiley.

    When asked about the potentialities of this type of patent, a spokesperson for the U.S. Patent Office replied off the record, "Hey, it's business and business is in the business of making a profit. As Teddie Roosevelt once said, the business of America is business. So, you don't like it move to commie China ya little faggot -- this country is all about our freedom to make a profit and nothing else matters, at all, ever."

    Hmmmm.

    --
    Everything in the Universe sucks: It's the law!
    1. Re:In other news... by Anonymous Coward · · Score: 0

      You REALLY SUCK.

      And notice I didn't actually use that exact phrase, so you're shit out of luck, sorry.

    2. Re:In other news... by Anonymous Coward · · Score: 0

      (AC because I already modded this discussion)

      Calvin Coolidge said the business of America is business.

      Teddy Roosevelt did, however, say 'You don't like it move to commie China ya little faggot.'

  124. slashdot comment by AeiwiMaster · · Score: 1

    I know that i have post this idea on slashdot some
    years ago. Now I can only view my last 24 comments in my profil.

    Is there a way to see some of my older comments ?

  125. Enlightenment by CaptainFrito · · Score: 1, Insightful
    My version of Enlightenment has been doing this for years and years. The fact that Apple may apply this technique to specific items or exaggerate the time is not a "non-obvious teaching" and therefore is not patentable.

    To anyone with ordinary skill in the art, making a translucent window gradually opaque is obvious. Patents are not (well, at least, should not be) granted to the first person to say or do a thing, but to teach others something truly novel and useful, advancing the art in some profound way. This application does no such thing and should be severly narrowed to precisely what they are doing or rejected outright for obviousness (or even silliness).

  126. Problem by Tablizer · · Score: 1

    Will this make it more expensive for women to buy translucent and fading swimsuits? Damn!

  127. narrow, irrelevant patent by hak1du · · Score: 2, Informative

    Apple isn't patenting "translucent windows", they are patenting a specific method for choosing to make windows translucent. The method seems pretty hokey to me (windows automatically become more translucent over time and eventually let events pass through), and probably has horrible usability problems. I can just see the support calls: "but my Microsoft Word window was there a few minutes ago, and after I came back from getting a cup of coffee it was just gone".

    In this wonderful world of software patents, the patent may be valid, but it is not relevant to anything real.

    If you want to read about good uses of translucency in user interfaces, see this survey from 1994 (long before OS X).

    1. Re:narrow, irrelevant patent by h0tblack · · Score: 1

      Maybe on it's own it's narrow and irrelevant... but this seems like part of a large push by Apple to get patents for the whole 'look and feel' of OS X and it's related iApps. With a complex 'look and feel' patent portfolio, Apple are either looking to protecting themselves from lawsuits from others, or perhaps preparing to go after Microsoft again, when Longhorn comes out.

    2. Re:narrow, irrelevant patent by hak1du · · Score: 1

      With a complex 'look and feel' patent portfolio, Apple are either looking to protecting themselves from lawsuits from others,

      They don't need these kinds of patents to "protect themselves from others".

      or perhaps preparing to go after Microsoft again, when Longhorn comes out.

      I doubt it--Microsoft isn't looking to imitate Apple, and don't they have patent cross-licensing agreements anyway?

      More likely, this is an attempt to fight open source because open source is the real threat to Apple. Apple already has moved to a UNIX-compatible environment--they only thing that distinguishes their brand is their GUI. And technologically, they don't have much either: an aging toolkit and a sluggish DisplayPDF server.

      Not only can Gnome and KDE easily imitate the entire OS X desktop perfectly, they can do so while remaining fully compatible with "normal" Linux desktops--an ideal way for users to migrate off of OS X to Linux. The only thing that keeps Gnome and KDE from perfectly imitating Apple is the fear of LAF lawsuits from Apple. That's, for example, why Aqua themes aren't being distributed anymore.

  128. Parent typical Apple appologist by swb · · Score: 4, Insightful

    ...so typical, it almost seems like a troll. I believe this is what the grandparent poster was looking for.

    but if Apple doesn't patent this some other company might. Given Apple's involment in the open source community with Darwin, http://www.opensource.apple.com/ , I would rather see them with a patent for this than some company based on patents only.

    This is the usual Apple apology. Apple is the "good" company, and otherwise "bad" behavior is OK for them to pursue, since an evil company might patent it first, and we all know that Apple never does anything evil. Oh, and they're involved in open source, too, which makes them even more of a "good" company, unlike some other evil companies who aren't involved in supporting open source at all.

    It's all fairly typical of the excuse making by Apple followers who otherwise masquerade as FOSS zealots in other threads.

    1. Re:Parent typical Apple appologist by Anonymous Coward · · Score: 0

      Sooo... what's so strange about "morality" consisting of varying shades of gray, exactly?

    2. Re:Parent typical Apple appologist by Anonymous Coward · · Score: 0

      You are listing IBM as a company who doesn't support open source ???

      wow... do your homeworks

    3. Re:Parent typical Apple appologist by Anonymous Coward · · Score: 0

      Little one, then it's not "morality". Being moral is about not having double standards, it's about not being a bigot.

      If you're not being coherent and act according to one standard towards similar things/situations in life - then you are not behaving morally, but are being two-faced, a turn-coat, a hypocrite, etc.

      Essentially, you are then being immoral .

    4. Re:Parent typical Apple appologist by Anonymous Coward · · Score: 0

      Not strange, but I think it's patented.

    5. Re:Parent typical Apple appologist by Anonymous Coward · · Score: 0

      I don't know what your parent was trying to prove, but I think he meant that contrary to popular belief, both companies are actually contributing.

    6. Re:Parent typical Apple appologist by merdark · · Score: 1, Interesting

      How about this. Apple implemented this feature, and has patented it. If you think they don't derserve it then find prior art.

      Apple does not have to prove anything to you, and people who admire apple don't have to apologise for anything.

      I can't stand people like you, always whining that company X is evil and then claiming that people who admire company X are *apologising* for the company. People who admire Apple do so because the company produces impressive and usefull products.

      Honestly, if you FOSS people would take your head out of the ground for just one second you might realize that this is a sound business decision. If I ran a company I too would patent everything I could. It costs little compared to the protection and potential revenues patents can give.

      Apple is not out to be your friend, they are out to make money. No company is out to be your friend. If you don't like patents take it up with the government and stop whining and bitching on slashdot. You'll soon realize that the rest of the world could care less about your holier than thou attitude.

    7. Re:Parent typical Apple appologist by NEOtaku17 · · Score: 1

      IBM doesn't support Open Source huh? http://www.wired.com/news/infostructure/0,1377,628 85,00.html

    8. Re:Parent typical Apple appologist by rawg · · Score: 0, Troll

      OK, I'm getting tired of this.

      Good company or bad company does not matter. The reason that people don't mind that Apple does something that Microsoft does isn't because they are a "Good Company". It's because Apple makes good software, and that software works. Microsoft makes crap software that does not work.

      If Microsoft made good software, people wouldn't hate them so much.

      --
      The above is not worth reading.
    9. Re:Parent typical Apple appologist by Anonymous Coward · · Score: 0

      What was the resolution to the lawsuit Apple brought against the Freetype group? I saw a posting on Slashdot about it but haven't heard anything more.

    10. Re:Parent typical Apple appologist by bob670 · · Score: 1

      "Microsoft makes crap software that does not work."

      Typical OSS/Apple zealot who won't concede that many of MS products are actually pretty good.

    11. Re:Parent typical Apple appologist by dustmite · · Score: 4, Insightful

      This is the usual Apple apology. Apple is the "good" company, and otherwise "bad" behavior is OK for them to pursue, since an evil company might patent it first, and we all know that Apple never does anything evil. Oh, and they're involved in open source, too, which makes them even more of a "good" company, unlike some other evil companies who aren't involved in supporting open source at all.

      I'm afraid I don't see the problem in this.

      Like people, companies are neither "good" nor "evil", but have bits of both. However some people have lots of good and a little evil, others have lots of evil and not so much good. Microsoft have done gazillions of "evil" things and very few good things. Apple however are mostly good. We accept companies that are mostly good, and even forgive them the occasional transgression.

      Is that so hard to understand?

      It's the same with people. If your girlfriend mostly pleases you, then you don't mind so much if she pisses you off once in a while - in fact you see it as normal in a relationship. But if she pisses you off very often, and is hardly ever nice, then you start to dislike her and after a while show her the door, and at this point every little annoying thing she does makes you angry, because she has no "goodwill capital" left to burn, and she doesn't deserve forgiveness because she hasn't tried to be nice.

      Sorry, but I don't see the problem with that, nor with that something similar should apply to how we perceive and tolerate companies in our lives.

    12. Re:Parent typical Apple appologist by dustmite · · Score: 1

      If you're not being coherent and act according to one standard towards similar things/situations in life - then you are not behaving morally

      Sheesh - maybe so, but I'd call it "being human". I've never met a single person, ever, who always behaved 100% consistently according to a single specific well-laid-down set of moral standards. Everyone I know has 'bad days and good days', 'bad incidents and good incidents'. I've never met anyone who was completely good or completely bad, and I rather doubt that I ever will.

      Our idea of whether people we know are "moral" or not usually depend on a perceived kind of average of their behaviours, and whether or not the total good outweighs the total bad by a large enough ratio.

      The same applies to companies. We judge a company based on the perceived "averages" of their behaviours. No company is "morally perfect", but then we can't sit around waiting for only morally perfect companies, because we'd never find any. This is especially true as companies just consist of people. Possibly hundreds or thousands of people, all with their own motivations and goals and internal inconsistencies.

      So we rather form a general overall opinion of companies, based on how much good (and bad) they do, how good their products are, etc. Thus a company we perceive as being generally a "good" company can still get away (in our minds) with doing "bad" things, provided they don't do too much of it. Likewise, we let the people in our lives get away with "bad things" sometimes, so long as it's the exception and not the norm (if you don't, and you only let 'perfect' people into your life, well, good luck finding a girlfriend/wife/boyfriend/whatever).

      Microsoft's average ratio of "bad behaviours" to "good behaviours" is (IMO) tipped way too much towards "bad". But then I guess you'd only know that if you have studied the companies actions for a long time, as I have. I admit, I have not studied Apple's actions nearly as closely. Nonetheless their products are very good.

    13. Re:Parent typical Apple appologist by Anonymous Coward · · Score: 0

      I believe you might benefit from looking at this link

    14. Re:Parent typical Apple appologist by Crazy+Eight · · Score: 1

      He was being facetious.

    15. Re:Parent typical Apple appologist by Zhe+Mappel · · Score: 1
      It's all fairly typical of the excuse making by Apple followers who otherwise masquerade as FOSS zealots in other threads.

      Were Apple miraculously able to beat Microsoft and assume its monopoly control of the market, you can be sure that we'd be singing a different, er, iTune.

      That's because the chicken-and-egg problem would become clear to people: it's MS's illegally-achieved market dominance that allows it to make bad products and treat consumers terribly with relative impunity. Market forces bounce off the teflon of a monopolist. Market forces are for the monopolist's victims, and hence why they have to make better products. Everyone else still has to compete for scraps when capitalism produces, as it naturally does in the absence of civilizing regulation, its overfed hogs.

      Apple could easily become just as "evil" as MS. Give it bullying freedom to dictate standards; wipe the slate free of competitive pressures; allow it to jeopardize data safety the world round; forge cozy relationships between it and whichever political party controls the White House; and soon enough, the taste of Apple would sour as it ceased trying to please customers and adopted an ethos of perpetual shakedown. Steve Jobs would morph into Bill Gates rather quickly.

      For the time being, though, we have to deal with the evildoers we have, and it's no sin to back the underdog that tries harder and achieves better. Nor is it a stretch, ethically or intellectually, to wish short and long-term advantages for the underdog for as long as it is up against a rotten goliath.

    16. Re:Parent typical Apple appologist by merdark · · Score: 1, Insightful

      Typical of the slashdot crowd, moderating down comments that bring a little reality to fantasy land.

      What a bunch of children.

    17. Re:Parent typical Apple appologist by rawg · · Score: 1

      What? Like Office? nope. MS Windows? nope. XBox? nope. What products are good? I guess their keyboard and mouse is good.... sorta. Mostly I think of MS Windows. It's awful.

      FYI, I'm on the Apple band wagon. Mostly because my wife and I have not had a single problem in two years, but Grandma down the street couldn't figure out how to use the print queue.

      I just use what works.

      --
      The above is not worth reading.
    18. Re:Parent typical Apple appologist by Anonymous Coward · · Score: 0

      (Sorry to post so bloody late in the game - I'm the gp ac "morality" nitpicker - been offline.)

      True, but then... The important thing - I believe - is one's intentions, more so than one's after-the-fact 'score'. If my intent is shady (immoral), any good outcome will be purely incidental. Obviously though, acting with moral intent can still wreak all kinds of havoc. So I agree with you, to an extent. But, one's accomplishments/outcomes are seldom solely a very good measure of moral fibre.

      There're problems with this view of course. It's rare to be privy to others' reasons for their behaviour. Often, rationalizations are produced in hindsight, or no justifications are given/available at all.

      Your Microsoft example is a good one. With time passed, their intentions for some of their actions have surfaced, and we've identified them as immoral. Benefit of doubt is slowly eroded until, ...well, the "shared source initiative", et al., are suspiciously received. And rightly so.

      That said, I'm not sure whether we can use the same semantics for both individuals and corporations (and I find the personal perspective a more interesting one). Although, I'm inclined to perceive corporations functioning in a fierce marketplace, to have a 'strained' relationship with morality - at the best of times. Apple might be - relative to Microsoft - a more 'moral' entity. But that might not mean very much.

  129. Memo to all lawyers: GET A REAL JOB! by billcopc · · Score: 1

    Why is the tech world spending more time doing legal work than tech work ? The guys filing these bullsh!t documents are making more money than the guys whose work is being protected.

    --
    -Billco, Fnarg.com
  130. Shadowbane by bakeman · · Score: 1

    The game is very buggy, but one thing that does work is it's transparent windows.

    The transparency can be set from 0-100%, and when the mouse pointer is hovered over, the window gets gradually opaque. There is also the option to lock the transparency which give the ability to "click-through" to the item behind.

    This is game is for windows pcs and macs

  131. Prior art examples by SilentChris · · Score: 1

    Trillian: news and new buddies appear in small windows that fade over time. If you place your mouse over them, you can interact with them. Otherwise, the windows eventually fade after little use.

    Outlook 2003: New message notification window fades in, stays faded in while the mouse is over it, then fades out (if the mouse goes over it while fading out, it fades back in again).

    Just about every warez "proggie" from 1999 on (when they introduced alpha rendering in Windows).

    Apple really doesn't have a case here, but they'll probably get the patent anyway.

  132. prior art by hak1du · · Score: 3, Interesting

    It's going to be a lot harder to find prior art for this one.

    Yes: that's because it's probably a bad idea. People have looked at use/time-dependent changes of window state or appearance before, but they have never become popular. You can probably still dig up some prior art from the HCI literature if you really care. Many bad patents are just not worth fighting, however.

  133. Prior art? Hard? by LocalH · · Score: 1

    http://ssonicnet.com/localhmc/translucent.png

    Proof enough? I know some skins under Winamp 5 allow you to have it fade out a bit when the windows doesn't have focus (or when you're not hovering over it, if you like always on top). As you can see, that translucent window crosses over three different windows and the desktop, and acts properly.

    And bah, I realise I wrote 'granted' in that IM window to myself - ignore that, I hadn't read closely enough and I don't feel like re-grabbing it. Still, shouldn't this be enough to deny them a patent for this?

    --
    FC Closer
  134. Waste of Time by Saeed+al-Sahaf · · Score: 1

    Until the patent system is overhauled, this is the sort of thing that will happen. It's a waste of time fret over each individual ridiculous patent. Focus on pushing for a system revision rather than nit-picking at things which are legal within the current flawed system.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  135. Prior Art = Trillan by Bruha · · Score: 1

    And not to mention the hacks over at freedesktop.org.

    You can tell if it's truely translucent if you move the window and watch the background. If psuedo translucent then it'll jerk around but if smooth most times it's a true translucent.

    Asheron's Call 2 has Translucent windows for chat.
    Horizons has translucent windows.

    This is silly that they would patent something like this. Who owns the patent on glass?

  136. OpenGL is prior art by rnbc · · Score: 1

    OpenGL supports the concept of translucent entities.

    Many OpenGL games, as well as DirectX, have used translucent windows (for configuration settings, etc) in the past.

    The alpha channel tecnique is exactly the same. I doubt this patent is enforcable. Perhaps SGI could patent this one?

    --
    You cannot proceed from the informal to formal by formal means
  137. prior art? by acidvoid · · Score: 1

    I believe that Stardock's Windowblinds may have similar functionality. I may be wrong, but I have this memory.
    also don't several, or all, twindow managers do this?

  138. Duh! Berlin! by Morthaur · · Score: 1, Interesting

    Why has no one mentioned the Berlin project?!?!

    Doesn't this look like a transparency?
    http://www.fresco.org/data/screensh ots/xggi-xchat. png

    The project had full window transparency at least as far back as 1999, which is when I first saw it. Check out http://www.fresco.org/ and see if this pre-dates Apple's work; I would guess that it does.

    If I found the prior art, what do I win? A big kiss? A sock in the mouth? World peace?

    --

    +++++++
    "Look, dear, it's a crazy hairy scary man!"
  139. shooting themselves in the foot by hak1du · · Score: 1

    They are shooting themselves in the foot. They think that a "better UI" is a great selling point, but it isn't. UIs are largely about familiarity, and the more Apple's UI differs from everybody else's, the worse their chances become in the market because only dedicated Mac users will stick with Macs while everybody else will be turned off.

    They are also missing where user interfaces are going. They still think it's all about windows, buttons, and visual flash, but the world is moving in a different direction.

  140. MOD parent DOWN for NOT ACTUALLY READING THE CLAIM by Anonymous Coward · · Score: 1, Interesting

    Actually if you RTFA you'll see that APPLE CLAIMS MORE THAN JUST TIME DEPENDANT TRANSPARENCY in this NEW applciation!?!?! Sheesh. Look at claim 26.

    26. A computer-readable medium for providing a graphical user interface for a computer, the computer-readable medium comprising: means for rendering a window on a display; and means for varying a level of translucency associated with said window in response to a predetermined event.

    A predetermined event is ANYTHING! Not just time. The earlier 1999 patent may be limited but this is a translucent patent land grab.

  141. Prior art for W2k by Aliencow · · Score: 1

    Was "Transperizer" released before Mac OS X ?
    If so then it definitely is prior art !

  142. Prior art by hesperant · · Score: 1

    Proof of prior art would easly be found in eTerm, wTerm, and aTerm. This does not include the use of Translucensy in gaim, KDE, and for windows users the Windows mod system.

    Hesperant.

  143. Games? by eagl · · Score: 1

    What about games? Lots of games used see-through menus.

  144. Mac Bias by Rick+and+Roll · · Score: 0, Flamebait
    Begin the hunt for prior art!

    These are the words of CowboyNeal, an Apple zealot. I personally don't give a crap, because I don't think translucent windows are a great UI feature. I think it makes it like a toy user interface, in fact.

    I am more jealous of Microsoft and their Slate interface coming up in Longhorn. That will be sweet.

  145. Some Prior Art in the Windows World ... by zenpiglet · · Score: 1

    Windows 2000 and above include "transparent windows" and contains a setting to have "fading menus", which are essentially windows that grow more opaque over time. Admittedly, the fading is very fast, but it is fading and this becomes more apparent when compared with the alternative "scroll" effect.

    Similarly, Outlook 2003 has a really cool feature that shows a small pop-up window in the corner of the screen when a new mail arrives. This fades out over time and disappears, unless the user hovers the mouse over it, in which case it becomes opaque and you can click on it to see the mail.

    Seems like prior art to me.

  146. My point is by Anonymous Coward · · Score: 0

    If you're going to be worried about Apple Legal, fine, but their patents are not the thing to be worried about in any fashion.

    Think of all the times Apple's *fansites* (for crying out loud) were sent Cease and Desist letters for publishing new Mac photos one day early.

    Is this not the *intended* use of "trade secret" law?

    This was also the same legal team that managed to get pPod off the map before the interface patent even came out.

    Doesn't this simply prove my point, I.E., Apple's patents are just a formality and their legal arsenal tends to stick to other IP forms?

  147. Prior art from 1992... by MosesJones · · Score: 4, Interesting


    In 1992 I was working on a Radar Display project which used Barco graphics generators on Sony 20kx20k displays with two screens, front and back.

    The back screen held the flight information, and the front held the information windows. It was possible to make the front windows fade to invisible if required (outline only left). Sounds like a graduated window to me.

    This was an absolute piece of piss in X using the PEXLib extensions BTW.

    Having transparent or translucent windows was pretty common in Radar Display system, both commercial and military.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Prior art from 1992... by carld · · Score: 1

      Steve Job's Next Computers Inc. had this ability built into the OS at it's inception, 1985 I believe. It's called the alpha channel now as it was then. I signed NDAs covering this in 1990 pertaining to derivative work applying the principal to Motion JPEGs and work by CCube, I think it was. Apple Inc. bought Next a few years back.

  148. That's stupid by bkhl · · Score: 1

    My house has had translucent windows since like 1981.

  149. Really it's just silly by Bruha · · Score: 1

    I'm sure martha stewart did not patent all her home decorating techniques but now were faced with patents for customising our UI's so if we want certain features we'd have to lock ourselves into another OS.

    If MS had their way they could just patent all the cool UI stuff that the layman likes to seein their OS and nobody would adopt Linux becuase it was reduced to a standard Xfce style interface.

  150. WinAMP prior? by NekoXP · · Score: 2, Insightful

    I can do this in WinAMP - the window fades out when I don't use it for a couple of seconds.. .. when did they put that feature in?

    Neko

  151. We/someone should take action by dindi · · Score: 1

    disclaimer: All respect to apple, I admire their high quality hardware (compared to generic pc crap)
    and I know that whereever I went to work the designers touched anything with a big amount of disgust that did not have the apple logo on it ..

    However I am against patents that trademark common sense data structures, computer interfaces or anything "obvious"

    if it continues like this someone will patent such basic things az pressint CTRL+ENTER to send mail, or CTRL-ALT-DEL to restart a computer..

    Even worse, the EU seems to tend to go the US way, not opposing such ridiculous patents, creating an other law system where it becomes business to slip on a wet surface and suing the crap out of decent law respecting everyday people...

    I feel that code based on ridiculous patents such as the previously mentioned "long M$ button press" and other interface patnets SHOULD BE reproduced/decompiled/reverse engineered AND redistributed from a place where these patents do not have legal effect or cannot be enforced ....
    Rebel? not really, but I do not want to end up being sued by a BIG_LAME_ASS multinational corporation because my software uses a timed button press, or because my website uses "LINKING TECHNOLOGY" or a certain method of accessing data from a (freely available) database structure ...

    what's next? really? ... let's make a patent on using a pen as a pointer on a touchscreen screen so all your PDA using geek souls will pay for my neverending vacation because I catch you on the street drawing your PDA and the stylus I WILL PROSECUTE YOU ....

    get a life, be innovative ...
    have code? do not want to share? fine ... you do not have to, but do not restrict people from creating something good just because you have the POWER and resource to make it first ..

    while desktop FANCY was never my priority (i am the kinda guy who does not care about the screensaver or the background, I usually use an older version of gnome toolbar with wmaker og gnome dt with minimum window decoration for speed and simplicity) REAL transparent windows was always a kind of dream of mine .... putting xawtv with news behind my terminal window ..... or under the space consuming toolbars of mozilla ..... it has several cool uses and now I am really pissed ...

    will ms come and bust my ASS for pressing record on my linux IPAQ for too long to trigger a recording or will they go after opie developers ? seriously will someone enforce that shit ?

    huhh that became long :) cheers

  152. What's the problem? by Anonymous Coward · · Score: 0

    ... with looking for prior art?
    1. A patent is granted with the firm belief that there is NO prior art
    2. People look for prior art
    one of [3 4]
    3. No prior art, no problem
    4. Prior art, problem

    So if you patent something and there is indeed no prior art your patent stands fine [it also stands if it was granted and there IS prior art, but you can lobby to get it nullified $$$]

  153. MOD the parent DOWN for not reading the CLAIM by Anonymous Coward · · Score: 1, Informative

    Actually if you RTFA you'll see that APPLE CLAIMS MORE THAN JUST TIME DEPENDANT TRANSPARENCY in this NEW applciation!?!?! Sheesh. Look at claim 26.

    26. A computer-readable medium for providing a graphical user interface for a computer, the computer-readable medium comprising: means for rendering a window on a display; and means for varying a level of translucency associated with said window in response to a predetermined event.

    A predetermined event is ANYTHING! Not just time. The earlier 1999 patent may be limited but this is a translucent patent land grab.

  154. Too late to patent, by Apple's own action/inaction by Anonymous Coward · · Score: 0

    The translucency feature of Aqua has been known since at least the first release of MacOS X (2000?). In the USA and Japan, a one year grace period begins upon the public disclosure of art, before a patent application on the art must be filed. Any patent application on translucent windows would therefore seem to be long overdue here. And in most countries, such as in Europe, as soon as art is publicly disclosed, subsequently filed patent applications are void.

  155. Konsole, anyone? by Quattro+Vezina · · Score: 1

    What the hell is this?

    I've been using the transparency in Konsole (KDE's terminal) since I switched to Linux over a year ago, and reading around, Konsole's had it for years. KDE has it in their KDE 2.x screenshots page (fourth screenshot from the top).

    --
    I support the Center for Consumer Freedom
    1. Re:Konsole, anyone? by user32.ExitWindowsEx · · Score: 1

      It's not really transparent. Try putting a "transparent" Konsole window in front of a Konqueror window...you'll find that Konsole is just using a screenshot of the desktop background.

      --
      "Evil will always triumph because good is dumb." -- Dark Helmet
  156. sigh... by geoffspear · · Score: 3, Funny

    If slashdot was around when Edison was alive, someone here would claim that his lightbulb patents were invalid because the sun was prior art.

    --
    Don't blame me; I'm never given mod points.
    1. Re:sigh... by cr0sh · · Score: 1

      Actually, we would likely be screaming "why the hell is he trying so many damn different materials", instead of using scientific methods to discover the proper material thru hypothesis and experiment...

      --
      Reason is the Path to God - Anon
    2. Re:sigh... by BillyBlaze · · Score: 1

      Actually, no. He wasn't patenting the idea of having things glow when you put current through them (It's not just that, you can vary the current with time!), he was patenting using carbonized cotton or tungsten, and putting it in a vacucanum or an inert gas, and how much current and voltage to use - information that he gained through a large investment of time and materials, not through a dream after being hit in the head with a clock. The software equivalent would be source code, not interface patents, and nobody's contesting the protectability (with copyright) of that.

    3. Re:sigh... by Anonymous Coward · · Score: 0

      No, they'd be claiming it was invalid because

      a)It had been already been invented by someone else

      b)It had alredy been patented elsewhere by someone else

  157. It is a decadence of the law culture by Maljin+Jolt · · Score: 1

    There are consistently coming times of the overabusing law for the capricious wilfulnes.

    Only long time historic result could be a law will be considered of a low value and dishonorable by the common society, making a living much harder in future, because of oppression and enforcing.

    --
    There you are, staring at me again.
  158. Prior art? by ryanvm · · Score: 0

    You want prior art? Just look my sig...

  159. Hardly! by rspress · · Score: 2, Insightful

    Apple must do this. If you look at the "new" features of longhorn, nearly every one has been done by Apple for years with OS X. Apple has been using translucent windows, expose window management, drop shadows for windows and auto discovery networking....all of which MS announced as breakthrough technologies that THEY are rolling out in Longhorn. These are just a few examples there are more.

    Apple has been bitten once my MS knocking off the GUI and other Mac elements. This time around it will not be so easy. Remember it is also up to Apple if they wish to enforce this patent, or with whom they wish to enforce it.

    1. Re:Hardly! by earache · · Score: 0

      XP, which came out before OSX, already did most/all of this. It wasn't enabled out of the box, but it was there.

    2. Re:Hardly! by rspress · · Score: 2, Insightful

      XP came out in October of 2001, MacOS X came out in March 2001, seven months later and as you said it was not enabled out of the box but it was there...in OS X.

      With Microsofts recent trips to the patent office and its claims of breakthrough features in Longhorn, most of which sounds as if they were copied directly from OS X, I think Apple doing this is a good thing. After all they don't have to enforce them and it might give them a little leverage with Microsoft.

    3. Re:Hardly! by rspress · · Score: 1

      Whoa, did I blow it! MacOS X came out long before March of 2001! Which puts it even further ahead of XP.....which again probably picked up features from OS X.

  160. This isn't just about translucency... by rdean400 · · Score: 3, Informative

    Judging by the abstract, the window needs to be inactive for a certain time before becoming translucent, and the translucency becomes greater the longer the window remains unchanged.

    I don't think any software patents are good. However, *if* software patents are permissable, this is a novel application of a concept and I would think that the implementation meets the standards for patentability.

    I still don't think it should be patentable, however.

    1. Re:This isn't just about translucency... by Anonymous Coward · · Score: 0
      However, *if* software patents are permissable, this is a novel application of a concept and I would think that the implementation meets the standards for patentability.


      Why? This is a minor modification. It'd be like having a patent for an application where holding the mouse over the "hide" button on a window for a set period of time causes the window to hide. It's a minor change - maybe kinda cool, maybe bad UI design - but certainly not worthy a patent.
    2. Re:This isn't just about translucency... by rdean400 · · Score: 1

      It's on the border. It perhaps isn't significant enough to warrant a patent, but it certainly meets the base criteria.

      In the long run, the "all or nothing" approach to patents is a losing proposition. We're going to have to create a software patent system with a high burden of proof for patentability. Only bona fide novel, non-obvious, non-existing inventions will receive patent protection.

  161. Some prior art by Anonymous Coward · · Score: 0

    The first translucent window I saw (early 2k) was the setup window in a invitation for VIP2 demoscene party:

    http://www.pouet.net/prod.php?which=10
    http://w ww.scene.org/file_dl.php?url=ftp://ftp.sce ne.org/pub/parties/2000/takeover00/demo/vip2.zip&i d=110724

    I should also apply for "arbitrary shape windows" patent I'm sure will come soon.

  162. Re:Apple as bad as M$ by Anonymous Coward · · Score: 0

    By taking this action they are going to limit and delay the progress of other desktop systems.

    You misspelled "appearance of this stuff in Longhorn"

    this reeks of the days of Palo Alto and the fact that Apple wouldnt be here today if they werent able to use someone elses GUI technology and ideas - the mouse, icons and menus.

    You're right, it does reek of the days of Palo Alto-- because Apple paid Xerox* for the ideas they left with that day, and now people will have to pay Apple to use these ideas that Apple is patenting.

    * Xerox was permitted to buy $1M worth of (pre-IPO, IIRC) Apple stock in exchange for the Apple people getting a tour of PARC. The Xerox execs were not stupid, they knew that the Apple people would do something with some of the concepts they saw. The exchange of money (i.e. the quite handsome return on the Xerox investment when Apple went public) was a de facto payment of licensing fees for the GUI concepts Apple got.

  163. DirectFB does it by Anonymous Coward · · Score: 0

    don't know if it's "prior art". go ask one of those oh-so-fun attorneys.

  164. Prior Use in Commerce - This Patent is dead. by csflux · · Score: 0, Flamebait

    Eve Online, a game by Crowd Control Productions (CCP) released in 2003, makes extensive use of transparent windows and window docking in their application. They have not filed for a patent but have utilized the technology for more than 12 months without legal challenge and prior to this filing. Tell everyone you know until this can be overturned. The technology is already in the public domain and should not be 'pirated' by Apple Computers in this blatent attempt to extend patent to 'look and feel' and other non-tangible aspects of visual theory. One could as much patent the stroke and pressure of a brush on canvas or the color of the sky in first use as to patent the 'modal type' of an interface based on principle pre-existing concepts in digital color theory (alpha channel transparency). The website for this game is http://www.eve-online.com/ - there are indeed others, but this is a blatent example which invalidates this patent. Tell a friend, tell an attorney, tell Microsoft if you have to (ewww!).

  165. What the hell by IshanCaspian · · Score: 0, Insightful

    Modifying one variable with respect to another is one of the simplest trick in the programmer's book.

    Idle sensitivity and transparent windows have been around since the beginning of computing.

    Combining two totally obvious ideas in an obvious way does not warrant patenting. There are a million ideas like this one...should I be able to patent all of them?

    Rotating desktop background color with respect to time of month?
    Changing the size of a window with respect to free disk space?
    Activating a program when your computer is idle for a certain amount of time?
    Minimizing windows when they're not used for x minutes?

    The point of an invention is that they're supposed to have done some WORK. Merely choosing an independent and dependent variable is the legal equivalent of calling SHOTGUN!

    --

    But there is another kind of evil that we must fear most... and that is the indifference of good men.
  166. Apple License's it patents by ad0gg · · Score: 2, Informative
    --

    Have you ever been to a turkish prison?

  167. two potential past ones by UnseenEnigma · · Score: 1

    ati all in one wonder 50% image overlay with tv - gives me a headache but its close

    suns looking glass demo makes the windows transparent

  168. Windows 2000 did this? by lewiz · · Score: 1

    Not sure if this is what we're looking for but iirc Windows 2000 had the concept of alpha-blending.

    I don't think it was actually used (unless you used some add-on software to set the alpha channel) but it was there nonetheless.

    In fact, I don't even know it is prior to Apple's claim.

  169. winamp's new skins/layout? by acroyear · · Score: 1

    it has translucents, which "fade" over a second or two (as opposed to all or nothing like eterm had).

    --
    "But remember, most lynch mobs aren't this nice." (H.Simpson)
    -- Joe
  170. Want prior art? Here is some stinking prior art :) by metalac · · Score: 1

    http://freedesktop.org/~keithp/screenshots/ It's the part of the new XServer from guys at freedesktop.org. It looks pretty sweet and it's been around for a while. I just can't wait till it makes it to one of the more stable releases.

  171. Linux? ROTFLMAO by Anonymous Coward · · Score: 0

    Yeah, as an OS X user I am *really* tempted by Linux. Let's see, an inconsistent, hard to use GUI, little to no REAL applications, a worse sucurity record than Windows, unending legal battles over who actually OWNS it (is it IBM or HP? I can't remember). That's really tempting. Not.

  172. Re:Patent is not about "translucency" but about OS by QuoteMstr · · Score: 1

    My two year old HP laptop does this with its special keys.

  173. WOW!! by Anonymous Coward · · Score: 0

    wow "Translucent Windows", I thought Microsoft owned the Windows operating system. Maybe Microsoft can patent "Translucent OS X"

  174. *gasp* by koan · · Score: 1

    I hope this doesn't cause problems for my pending patent on the " =) " smiley.
    =)®

    --
    "If any question why we died, Tell them because our fathers lied."
  175. Semi-transparent windows in Windows by JorenDahn · · Score: 1

    There's a program for Windows called Actual Title Buttons which was on version 2.5 as of October 2003, and appears to have been around since 2002. Here's the site for it.

    --
    Blatant self-promotion: Jerek.net
  176. Glass2K by Anonymous Coward · · Score: 0

    Glass2k. I've used it in the past, makes any window in 2k or xp transparent.

    Glass2K

  177. Inventor vs. assignee by tepples · · Score: 5, Informative

    I am neither a patent agent nor a lawyer, but I have read about the patent process and learned the following:

    U.S. patent applications always name one or more individual inventors, and they usually name an assignee. Engineers' employment contracts typically require an employee to name her employer as assignee in any patent on an invention developed with the employer's resources. The shorthand "Foo Corp filed a patent for the baz process" means "An employee of Foo Corp filed a patent for the baz process, using a patent lawyer retained by Foo Corp, naming Foo Corp as assignee."

    1. Re:Inventor vs. assignee by kalidasa · · Score: 1

      I'm not sure about how work for hire works with patents, and though I'm tempted to make an argument from analogy to copyrights, I'm pretty sure that would be a faux ami.

  178. Related link by System.out.println() · · Score: 1

    when the Apple is dying trolls ran rampant.


    Related link

  179. Whatever about the patent by Ciderx · · Score: 1

    As a GUI design idea, its a horrible, horrible idea. The notion appears to be that if you have a window, after a while of inactivity you will be able to, for example, double click on an icon on a window/desktop underneath that window.

    It breaks pretty much every rule of WIMP GUIs and leads to an inconsistency. To bring focus on a window, a user clicks in the window space. With these windows, it wont and only succeeds in confusing the user.

  180. On sale bar by lothar97 · · Score: 1
    But the prior art search is still a good idea! It's good to have these things as clearly documented as possible in case spurious claims ever did wind up happening.

    I'm an IP attorney, and I think the real question here is not prior art, which is from others, but the on sale bar. Apple filed this application Nov. 5, 2003. They do not claim priority to any earlier patents or applications. The on sale bar holds:

    A person shall be entitled to a patent unless (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States. (102(b) of United States Code Title 35)

    Having no experience with Apple since college, I'm not sure when they started doing the opaque menus. Was it after November 3, 2002? If it is before that date, they will not be able to patent it.

    --

  181. Prior Art by heybo · · Score: 1
    Begin the hunt for prior art! It's a challenge to find a non-Apple translucent window that isn't just a snippet of desktop wallpaper pasted in the background.

    Funny thing I have these command line windows on my little Linux box that you can see right through and even make it pretty colors.

    I wonder about Apple patenting any window patent in the first place seeing they use KDE. They even used the default background. I got a big laugh when a Mac friend of mine showed me the OSX beta the first time and there it was in a pretty blue with white.

    Yes where is the bashing. If M$ went for this then everyone would be up in arms. The thing is If M$ did make a patent for a see through window it would be for a M$ OS which is Closed Source and patented. Apple is no longer built on Closed Source code so isn't patenting an addon for a OS built on Open Source more evil than patenting an addon for a patented system????

    (I'm using the word "addon" to show that it isn't really a thing of its own but part of something bigger) I know here if we come up with a useful addon to an open source project that we are using and making money with or making our life simplier we submit what we come up with and give it back for someone else to use. What we are using on didn't cost us anything. Should we make money off of an addon when the core was free? Or should the addon be free too? Could we have built the plugin without the core? Yes we could have BUT that would take a lot more time and be reinventing the wheel. I think that if Mac is going to use GPL soruce code it should stick to that. Yes this is the same crime just a differant thief.

    Maybe I can get a patent on see through glass. I'll call it "Transparent"

  182. How many slashdotters... by shish · · Score: 2, Offtopic
    Q) How many slashdotters does it take to point out that the patent isn't on translucency, but *time dependant* translucency.
    A) I count 20 so far, mostly modded "insightful", and not one of them modded "redundant"

    I know it's a pain, but as well as reading the title of the story, try and read the first 5 or so comments to see that all 5 of them are discussing the point that you're just about to make. Please.

    --
    I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
  183. Apple Patents Windows? by Anonymous Coward · · Score: 0

    That's OK, because Microsoft Patented Apple.

  184. aterm by Anonymous Coward · · Score: 0

    aterm -tr -fg grey -sh 35

  185. Re:Linux? ROTFLMAO by dead+sun · · Score: 1
    I think that's the first time I've ever heard (apart from Final Cut Pro) an arguement that Apple has more applications than another system. If there's one thing that has been a thorn in Apple's side for so long it is the lack of software. I mean, how happy was everybody when Apple got a BSD under the hood so they could finally start running some useful software?

    The other claims, besides the GUI bit are insanity at it's finest. But the GUI isn't so terrible that Linux market share isn't rising above Apple's, so it's either something people are willing to tolerate for a better system overall or it isn't much of an issue. I'll vote for the latter, as while Mac OS's GUI is consistant I find it a pain in the neck anyway. I can honestly say I love tools like virtual desktops, customizable window managers, and the option to not have sickly amounts of glitter if I want them, and by default no less.

    --
    If not now, when?
  186. If you really want to whinge about patents... by mpaque · · Score: 2, Informative

    based on reading just the title, Microsoft has applied for a few.

    My favorite title is "Universal Computing Device".

    20040093593 Software componentization
    20040093568 Handwritten file names
    20040093515 Cross platform network authentication and authorization model
    20040093393 System and method for selecting a media file for a mobile device
    20040093389 Light weight file I/O over system area networks
    20040093372 Challenge and response interaction between client and server computing devices
    20040093371 Memory bound functions for spam deterrence and the like
    20040092297 Personal mobile computing device having antenna microphone and speech detection for improved speech recognition
    20040090457 System and apparatus for sending complete responses to truncated electronic mail messages on a mobile device
    20040088657 Method for selecting a font
    20040088589 System and method for preserving state data of a personal computer in a standby state in the event of an AC power failure
    20040088537 Method and apparatus for traversing a translation device with a security protocol
    20040088394 On-line wizard entry point management computer system and method
    20040088390 Method and levels of ping notification
    20040088335 Method and system for ghosting a property during synchronization
    20040088321 Method and system for modifying schema definitions
    20040086191 Passive embedded interaction code
    20040086181 Active embedded interaction code
    20040085523 Pen projection display
    20040085468 Photo-sensor array with pixel-level signal comparison
    20040085370 Input mode selector on a mobile device
    20040085364 Page bar control
    20040085358 Glow highlighting as an ink attribute
    20040085302 Statistical model for global localization
    20040085287 Decoding and error correction in 2-D arrays
    20040085286 Universal computing device
    20040083460 Forward walking through binary code to determine offsets for stack walking
    20040080499 Adaptive input pen mode selection
    20040080482 Display controller permitting connection of multiple displays with a single video cable
    20040078792 System and method for selectively deactivating auto-deploy functionality of a software input panel
    20040078597 Automatic client authentication for a wireless network protected by PEAP, EAP-TLS, or other extensible authentication protocols
    20040078581 Installation of black box for trusted component for digital rights management (DRM) on computing device
    20040078565 Method for prompting a user to install and execute an unauthenticated computer application
    20040078460 Network connection setup procedure for traffic admission control and implicit network bandwidth reservation
    20040078383 Navigating media content via groups within a playlist
    20040078382 Adaptive menu system for media players
    20040078357 Optimizing media player memory during rendering
    20040078356 Method for selecting terms from vocabularies in a category-based system
    20040077314 Bluetooth smart mode switching for security and privacy
    20040076069 System and method for initializing a memory device from block oriented NAND flash
    20040075696 System and method for automatic mnemonic assignment
    20040075695 Method and apparatus for providing context menus on a hand-held device
    20040075687 System and method for managing a message view
    20040075673 System and method for scaling data according to an optimal width for display on a mobile device
    20040075672 System and method for block scaling data to fit a screen on a mobile device
    20040075671 System and method for scaling images to fit a screen on a mobile device according to a non-linear scale factor
    20040075648 System and method for inputting special characters
    20040075623 Method and system for displaying images on multiple monitors
    20040073873 Adaptive image formatting control
    20040073872 System and method for converting between text format and outline format

  187. How about Transluxent by _pi-away · · Score: 1

    Which i learned about right here of course.

    http://www.stud.uni-karlsruhe.de/~unk6/transluxe nt /

    --

    "The crows seemed to be calling his name, thought Caw."
  188. RTFP! by ThisIsFred · · Score: 4, Informative

    It's not a patent on translucent windows, it's a patent for using graduated levels of translucency instead of active/inactive window coloring schemes. From what I've read, it appears that the longer you go without performing actions in the window, the more translucent it becomes, to the point where you can "click through" it and input into whatever object is underneath.

    This particular interface feature would be incredibly annoying and confusing to people with less than perfect eyesight, so I hope that Apple defends its patent and that it never appears outside of Apple's software.

    If it was simply an attempt to patent translucent windows, it would be easy to knock down. Some games use translucent pop-ups in their interfaces via D3D / OpenGL.

    --
    Fred

    "A fool and his freedom are soon parted"
    -RMS
    1. Re:RTFP! by ThisIsFred · · Score: 0, Redundant

      BTW, Blender 3D uses translucent windows, so add that to the prior art list, should anyone attempt to enforce a patent on that visual design (not a concept, therefore not patentable IMHO).

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
  189. Metroid Prime by Anonymous Coward · · Score: 0

    One of the coolest games I've ever played, had an option to set the "translucency" of controls inside the helmet. Not sure if that's the term they used.

  190. That must be the revenge for this patent: by ArsenneLupin · · Score: 1
    Microsoft patents tasty apple!

    Turnaround is fairplay! (although, I'd personnally have preferred if Apple had patented a male sexual organ in dire need of Viagra instead...)

  191. IT'S TOO LATE TO PATENT -- APPLE SUNK ITSELF by Anonymous Coward · · Score: 0

    OSD has been out in public for over a year. According to US patent law, it's now too late for anyone, even the inventor, to apply for a patent on OSD and have it granted. Same in Japan, where the grace period on patent applications is also a year. In most other countries, like in Europe, the viability of a patent application was killed the moment OSD was publicly released.
    PS. I am not a lawyer.

  192. Time-based translucency prior art by Anonymous Coward · · Score: 0

    I'm the author of Backdrop EZ, which is a wallpaper app for greyscale Palm OS handhelds. Backdrop EZ creates a persistent background image that is visible through other apps' windows by altering their translucencies.

    Back in November 1999, Backdrop EZ introduced a startup-screen option that would temporarily make an app's windows completely translucent (invisible) when the device was turned on, so that only the background image was visible.

    Under this option, the foreground windows remain totally transparent for a time-period that is user-defined, after which they revert to their less-transparent visible mode. (The foreground windows also become instantly visible if the user interacts with the device or certain types of window content are changed).

    This invisibility is translucency and not just simple window hiding, as the OS and the foreground app are completely unaware that the foreground window cannot be seen and continue to process (nearly) all relevant events for a visible window.

    I cannot say whether this affects Apple's patent, but I do believe Backdrop EZ is prior art that shows changing window translucency over time or over changing content or user action.

    Backdrop EZ's version history. (Startup screen introduced in version 1.2, 11/01/99).

  193. i told you apple was evil by Anonymous Coward · · Score: 0

    Apple is just a another peice of shit megacorporation.

    Just because they make trendy looking cases doesn't mean they are some how "good guys".

  194. Re:Linux? ROTFLMAO by Breakfast+Cereal · · Score: 1

    As another OS X user I am *really* annoyed by OS X users spreading outright untruths about Linux, even blatant, obvious trolls like this one.

    What is this "one true OS" bullshit I seem to be reading on /. all the time now? I seem to remember a time when people here believed that diversity is a good thing. I love Linux, I love BSD (I know, I know, it's dying, any day now, really, we're not kidding this time), hell I'm still kinda fond of Ultrix, my very first Unix! And I love Panther on my Powerbook.

    I've always thought it was neat how various Unix-like OS's had their own individual quirks. It gave every system personality, especially before all the big vendors went System V on our asses (ahhh, SunOS 4, how you were wronged!). But now we seem to think we have to conquer the world with THE ONE OS. Isn't that how we got into this mess in the first place?

    As for Apple, I believe it's possible to generally support a company and like its products without agreeing with every single thing it does. And I really can't blame any company (even Microsoft) for working the system. The system's what's broken here.

  195. A more important test... by Junta · · Score: 1

    Leave a 'translucent' thing over a window with updating contents (i.e. a make), and if the contents covered by the thing don't update.....

    That is my beef with the 'translucent' windows in KDE and the like, it is useless because you can't leverage it to monitor something in the background while working on something else. You just see whatever the widget set grabbed at the time the widget was created. Granted, without hardware support accessible, it will be impossible to properly do it.

    --
    XML is like violence. If it doesn't solve the problem, use more.
  196. uh.. aterm fits that description by josepha48 · · Score: 0, Redundant

    aterm has been around for years as a translucent xterm variation. So there is prior art as aterm goes back to the late 1990's.. I'd have to read the patent though.

    --

    Only 'flamers' flame!
    Does slashdot hate my posts?

  197. prior art shouldn't be the issue by Anonymous Coward · · Score: 0

    Instead of looking for prior art perhaps we should be attacking this (as the antisoftware patent people do) by saying it's an OBVIOUS example. The most convincing argument I hear in this debate is that just because something's done in code doesn't make the 'concept' anymore unique. It's copyrightable sure, but it should not be patentable. In fact, in a perfect world I might suggest that the legal rules of patents are setup, get this, correctly; however when the patent office gets their hands on it the ideas of non-obvious, and limited time (congress), goes out the window.

    Perhaps too we should talk aboutt he more practial aspects of why this happens. For instnace, I've heard before that the patent office has financial structures (pay, promotion, etc) to encourage patents to be passed, not rejected [not sure if it's true; but worth thinking about].

    But the real point is that if we keep focusing on this as a prior art issue then we're missing the larger, more damaging issue: this shit shouldn't be patentable in the first place.

    Also, focusing on the non-patent worthiness of these ridiculous claims is one of the more honest intellectual arguments against people that assert it's an economic incentive. That argument genearlly adopts the tone of a first year econ student in these forums, however it really is an interesting and nuanced debate. But if the whole idea isn't legally, or ethically, acceptable to be patented, then the whole argument is moot. Either way I think *yes* it's been done before, but also I think that it should't be patentable in the first place. We should step back and look at the implications of the whole debate instead of just each case.

  198. Could this not... by FooGoo · · Score: 1

    be just about making a window transparent?

    'Graduated visual and manipulative translucency for windows.'

    It could mean that when the window is translucent you could affect objects behind it. Which I think would be pretty cool. Has anyone else seen apps or an OS that does that?

    --
    People who bite the hand that feeds them usually lick the boot that kicks them
  199. Just an observation... by jlagrua · · Score: 1

    I think it's interesting, all these people throwing their hands up in righteous indignation at the mere thought of a company trying to patent one of its innovations. Whether you think it's evil, or petty, or just plain lame, you need to remember that these companies are not in business to make friends, or give shit away. They're in business to make a profit. Period. And patenting things - be they real or intangible is the way they protect their profits. Apparently you think you hold some sort of moral high ground because you feel patenting somthing is a somehow base and wholly evil practice. You probably think that these companies should give away free software updates as well. Well I hate to be the one to break it to you, Sparkies, but comapnies who don't get paid for their products, CEASE TO MAKE THEM. Put the stinky shoe on the other foot for a second here. If you were a small software developer who created a killer app and that app had unique features you innovated, you'd want to protect YOUR rights to it. RIGHT? Otherwise, if you hadn't, when IBM or Microsoft came down with their winged, monkey lawyers and filed patent, effectively stealing food out of your very mouth, you'd raise holy hell to try to keep them from screwing you out of what you put long hours of your blood sweat and tears into. And you'd be lying if you said otherwise. Self-righteous, high ideals only go so far, and they go right out the window when the bottom line is at stake. Especially when you have the most to lose. Business is business, and it is frequently ugly. When you get past the shiny products and the fancy ad campaigns, the basic rule of business is "fsck your competitors out of their (ability to make) money before they fsck you out of yours." I defy you to prove otherwise. Businesses who don't go for the throats of their competitors don't get to hang around to see how it works out. Take a look at the wake of twisted wreckage and destroyed lives IBM and Microsoft have left in their wakes, and then realize it's nothing compared to Mobil Oil, Union Carbide, DuPont, AT&T, Bell Corp, GM, Ford, any tobacco company you care to name... I could go on and on and on. Once you get past the touchie-feelie marketing and spin-doctoring, it's STILL only about making money for the stockholders. Always has been, always will be. Just because you might like a company's product, or their "public persona", or image, doesn't mean they won't expend their dying breath to try to screw you out of a buck. Time to take off the rose-colored glasses. Business is a bloody, uncaring world. And much like a few Chinese protesters have found out, if you try to get in the way of the tank, you will likely end up tomorrow's dog food.

    Pop quiz:
    Q: How can you tell when a (car salesman, lawyer, marketer, businessman, advertising executive, etc. - you pick) is trying to separate you from your money?
    A:They breathe.

    Flush out your headgear, it's only about the money.

    --
    - Que profuturus est maeror causa sententia Caelestis
  200. www.opensource.apple.com by Anonymous Coward · · Score: 0

    The web site is non-existent. What a surprise.

  201. If I'm not très wrong, SIM, the Simple Instant Messenger, does this.

  202. Apple holds a patent on translucent windows by yo · · Score: 0, Redundant

    FYI, Apple patented translucent windows quite a while ago...

    6,072,489

    http://patft.uspto.gov/netacgi/nph-Parser?Sect1= PT O2&Sect2=HITOFF&p=1&u=/netahtml/search-bool.html&r =12&f=G&l=50&co1=AND&d=ptxt&s1=6,072,489&OS=6,072, 489&RS=6,072,489

  203. Prior art in video games by Anonymous Coward · · Score: 0
    comparable programm would e.g. be "xosd" and prior art would probably be best searched for in TVs and other appliances using on-screen-displays.


    Yes, many videogames do this to avoid screen burn.

    Why on earth is Apple trying to patent this? It's outrageous.

    ROTTEN APPLE!
  204. Moderidiots on crack?! by ArsenneLupin · · Score: 1

    Who the hell moderated parent as insightful? Arlene Mc Carthy herself?

  205. Re:Patent is not about "translucency" but about OS by Anonymous Coward · · Score: 0

    What is required for prior art? An OSD application I wrote does exactly this (varies translucency):

    http://www.green-software.com/greenscreen/

    It has been around since 2001, although archive.org first hit it in 2002:

    http://web.archive.org/web/20021003033414/www.gr ee n-software.com/newtouche/

  206. So why can *Apple* get away with it? by Anonymous Coward · · Score: 0

    The number of comments here seem to be split between "transparent windows are obvious" and "duh, it's time dependent and cool".

    Don't be so retarded. Patents are bad no matter the subject. If Microsoft had patented something like this, people would be complaining up the wazoo about big companies squashing innovation and disallowing free software to provide similar functionality.

    Well, you're hypocrites - all of you. Apple is just as bad as Microsoft - maybe even worse with their closed, controlled hardware platform.

  207. The patent isent just about fading/translucent by TerminalInsanity · · Score: 5, Interesting
    3. The computer system of claim 1, further comprising: a cursor control device for coordinating user input via a cursor displayed in said graphical user interface; wherein said cursor operates on contents of said window when said window is in said opaque state, and said cursor operates on objects underlying said window when said window is in said first translucent state.


    They are trying to patent the ability to turn one window transparent, and manipulate the windows under it, without the transparent window 'dropping' below the ones you are manipulating.

    I dont think that type of thing has ever been done before...

    Perhaps software patents should have a much shorter life span? (say, 3 years?) it would give the company that 'discovered' it time to develop the 'technology' first, but wouldent blanket the whole computing industry for too long
    1. Re:The patent isent just about fading/translucent by ocelotbob · · Score: 1

      There's a way to do it with most IM clients on windows. Trillian has native transparency, and an always on top mode. Other IM clients can join in the fun by using one of the transparent windows tweaks and using their always on top mode. There may be some interesting things in Apple's approach, but they're hardly the only game in town.

      --

      Marxism is the opiate of dumbasses

    2. Re:The patent isent just about fading/translucent by Anonymous Coward · · Score: 0

      Or, for Windows, any window can be translucent with Ghost It!.

    3. Re:The patent isent just about fading/translucent by lkcl · · Score: 1

      well the principle of 3D image editing should be investigated: selecting and manipulating objects below the "front" one will be an integral part of any CAD/CAM package.

    4. Re:The patent isent just about fading/translucent by Lehk228 · · Score: 2, Interesting

      Actually I used to have a little Clock app that sat as a translucent window that the mouse clicked "through". I got rid of it because it had issues with games (it stayed on top and translucent)

      --
      Snowden and Manning are heroes.
    5. Re:The patent isent just about fading/translucent by Anonymous Coward · · Score: 0

      I use PowerMenu on XP (admitting using Windows is the reason I'm posting AC, sorry.)

      http://www.veridicus.com/tummy/programming/power me nu/

      I make a window transparent and "always on top" so I can view its information while manipulating the bottom window.

      Of course, there's the small matter that you can't use your mouse on areas that the top window is covering...but that's the patent, right? To automate that, and the switching between active and passive windows?

    6. Re:The patent isent just about fading/translucent by CaptainFrito · · Score: 1
      The problem with most /. posts on patents is that rank-and-=file ./'ers don't understand patents, how they work, what they are for, why they are granted or how they are enforced. They simply react to the time-limited monopoly aspects that seem to infringe their right to create.

      This is a perfect case in point. "3. The computer system of claim 1, further comprising:" is a dependent claim. This Claim has no meaning outside of the context in holds in the Independent Claim 1. So if Claim 1 in this case were obvious or mundane, then Claim 3 would have no basis for enforcement. If Claim 3 were stand-alone, the inventor(s) would have set it out in an Independent Claim (or if they should have and didn't, they are thus too stupid to get the Claim, by definition).

      And just because no one has previously done a particular thing before, it doesn't make that particular thing patentable. There must be a novel, unobvious, beneficial teaching involved. So, given the same circumstances and problem to solve, would others of ordinary skill solve those problems similarly? If so, the idea is not patentable. Otherwise, in exchange for the disclosing of the way no one else would have thought of -- that is, for the teaching of others something truly new and unique -- the government permits a limited monopoly.

      Translucent windowing is not new, nor is it novel. I suppose everyone should be writing to the Examiner with the proof of this and it will be rejected. Stop whining on /. about how unfair patents are. They are eminently fair, so long as money and politics do not distort the process. In which case you would remove the distortion, not the process.

    7. Re:The patent isent just about fading/translucent by steve_bryan · · Score: 1

      I've seen it done recently by a product for the Mac called Trans Lucy. It is a DVD player application that prominently features the translucency feature. The company that sells it is CE Software and I seem to recall that they applied for some patent. On the other hand I recall my Apple Quadra 660 AV had similar capability circa 1993 for its video viewing application. I wish the people involved would spend more time creating and less time trying to patent.

    8. Re:The patent isent just about fading/translucent by AllergicToMilk · · Score: 1

      "The problem with most /. posts on patents is that rank-and-=file ./'ers don't understand patents" Yeah, including you, apparently. One claim of a patent being found obvious or covered by prior art does not invalidate the dependent claims. Many patents are issued which provide a novel use or application of previously patented items.

      --
      There are only 6,863,795,529 types of people in the world.
    9. Re:The patent isent just about fading/translucent by Anonymous Coward · · Score: 0

      "I dont think that type of thing has ever been done before..."

      It doesn't matter if it's done before. It's not an invention, it doesn't require a 'eureka!' (in fact I'm doing similar things daily with non-translucent windows, manupulating (sliding) them underneath other non-translucent windows), therefore it should not pass the 'nonobviousness' test for patent validity.

      If everything that wasn't done before could be patented, there would be a patent for standing in the elevator on one leg.

    10. Re:The patent isent just about fading/translucent by CaptainFrito · · Score: 1
      Um, sorry, but if an independent claim is found obvious, the dependent claims based upon it are also found obvious. If they are not invalidated as such, it is because fundamentally they should have been framed independent claims themselves. It would be a flaw in the patent filing, not a flaw in my assertion. A 'dependent claim' depends upon an 'independent claim'.

      For example: I patent a novel door. I also claim that painting the door extends its novelty. If the door is seen as obvious and unpatentable then painting it is irrelevant. If the painting of the door is not deemed irrelevant, than it's because painting any door is novel, and as such, it should have been its own independent claim. It's a simple logic problem.

      And I never said that new patents cannot be based on older patents (or any other older notions). They ALWAYS are. Patents are novel applications of existing ideas.

    11. Re:The patent isent just about fading/translucent by GeckoX · · Score: 1

      There are all kinds of apps out there that do just that.
      I first an app that did that about 4 years ago.

      --
      No Comment.
  208. This is simply because... by tbjw · · Score: 1

    microsoft patented apples.

  209. I'm so tired of this CPU dsw. by Breakfast+Cereal · · Score: 1

    You can by cars that are much cheaper and faster than a Rolls Royce. You can probably save even more money buy building cars out of stuff you pick up at the junkyard, and I'm sure those could also go very fast.

    So fine, you do that, and commute to work every day in your uncomfortable, ugly, but very fast and inexpensive vehicle, going nowhere near its maximum speed and spending much of its time idling at stoplights or sitting in traffic. I'll be the guy in the Rolls Royce with the hot chick. And I'm not just talking style here, I'm talking comfort and enjoyment.

    Don't get me wrong, if you really need every ounce of processing power you can get per dollar then more power to you and you're right, the Mac is probably not your best choice. But if that's the case then you are not like most of the market. Most of the market doesn't want to build computers out of parts. Believe it or not, some of us know how to do this, are quite good at it, and don't want to do it anyway. There's a lot to be said for not having to fuck around with something.

    There are probably a lot of reasons why Apple sales could be better: inertia, lack of mindshare, poor products in the past, not enough games for people who care about that, and who knows what else. While slower CPU might be one of them I doubt it's a very big one. Most people think the CPU is the big box with the CD drive in it. Not being able to build a Mac out of parts from the discount bin doesn't even register. Don't assume your reason for making a particular choice is the same as everyone else's.

    1. Re:I'm so tired of this CPU dsw. by Anonymous Coward · · Score: 0

      You presume that the car would be ugly and uncomfortable. Hell, I think rolls are fucking ugly. It's only beeyoutiful to some people because they're told it's very expensive.

  210. I've got your prior art: by Goobermunch · · Score: 0, Redundant

    Try any number of FPS computer games, including Star Wars Galaxies Online, which includes transparent, moveable windows.

    --AC

  211. Concept patents are evil by CustomDesigned · · Score: 1
    If Apple had patented "a method to efficient display windows with translucent backgrounds" (and it wasn't obvious or already done), that would be one thing. But it still boggles my mind that a patent can be granted simply for the idea of a translucent window. I first heard of the idea in the '70s. In the early '80s, I saw the first implementation on the IBM PC. It was a TUI that changed the color of text "shadowed" by or behind a window.

    If a patent can be granted for a mere idea, shouldn't it be sufficient to find a discussion of the idea in print for prior art? Why should we have to find an implementation when a specific implementation is not what is being patented?

    1. Re:Concept patents are evil by jlagrua · · Score: 1

      Did you actually read the patent? The point IS that they are trying to patent a specific implementation of the transparency - to whit:

      "SUMMARY

      [0013] According to exemplary embodiments of the present invention, these and other drawbacks and difficulties of conventional GUIs are overcome by providing such floating windows with varying visual and manipulative qualities. For example, a floating window that has not been updated with new information within a predetermined time period will become translucent so that the underlying window or windows are then visible to the user. Other actions or omissions may also serve as a trigger for graduated translucency of windows according to the present invention. Moreover, as the floating window becomes translucent, the user can click-through to the underlying window(s) to interact with its contents. When information on the floating window is updated, it can return to being opaque until the predetermined time period has elapsed again without new information being presented."

      It's not the mere translucency that is the intent of the patent, but what it does with it, and how it does it. Hope that clarifies...

      --
      - Que profuturus est maeror causa sententia Caelestis
    2. Re:Concept patents are evil by CustomDesigned · · Score: 1

      That's not how to implement translucency efficiently (i.e. an efficient alpha channel), but user interface choices. I.e., a "look & feel" patent - albeit more creative than "one-click".

    3. Re:Concept patents are evil by jlagrua · · Score: 1

      Well, I didn't see any mention in the patent description about it being "the most efficient manner in which to effect this type of functionality", nor would it be the proper venue for it anyhow. Patents deal more in the "What" & "How", and less with the "Why" or conversely "Why Not". That, likely, would be an interogative best directed at the implementer of the feature, and not the lawyers. They tend to not involve themselves with that sort of thing.

      --
      - Que profuturus est maeror causa sententia Caelestis
  212. Abuse and KDE? by Teunis · · Score: 1

    Well, KDE's had them for a while.

    But the videogame Abuse had them - considerably before Apple released that 'feature'.
    Perhaps that counts?

  213. pla-leeze! by Chuck+Bucket · · Score: 1

    and the funny thing is, Microsoft is already using transparent windows in the new Office for Mac ...

    http://www.macobserver.com/images/viewimage.shtm l? src=/images/news/2004/20040511officeships/office_s creen.jpg

    CVB

  214. Re:Software patents are evil( update ) by Locutus · · Score: 1
    I should have looked first. Here is the current Market Map URL from SmartMoney.com:

    SmartMoney MarketMap

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  215. Next time give us a hard one... by Anonymous Coward · · Score: 0

    Directfb project has had proper translucent windows for an age.

  216. speaking of prior art by Anonymous Coward · · Score: 0

    Doesn't nVidia's nView Desktop have this capability to make the frame you're in transparent? My browser is transparent as I type this.

  217. Transparency? Obvious as GIFs, layers and Sprites by Invisible+Now · · Score: 1

    Aren't patents unavailable to trivial and obvious inventions? And mere ideas? Transparent GIFs and Sprites have been around for decades. What about the semi transparent layers in Photoshop, etc? Design patents for look and feel aesthetics (transperancy being trivial prior art) and copyrights for code is OK, but basically I believe software ideas should not be patentable...

    --

    "Knowing everything doesn't help..."

  218. Re:Typical FUD by falcon5768 · · Score: 1

    flamebait me all you want, you know Im right, and my Karma has been excellent :-D Like my sig says, you manke a valid point about how little the slashdot crowd reads articles and assumes the worst and you get labled a troll.

    --

    "Slashdot, where telling the truth is overrated but lying is insightful."

  219. What challenge? by Davin+Boling · · Score: 1

    It's a challenge to find a non-Apple translucent window that isn't just a snippet of desktop wallpaper pasted in the background.

    Window translucency is hardly original. Not even gradiated transparency - the MMO game EVE allows you to set your window transparency to anywhere from 0% to 100% on a 10% graduation. That's just the first example I could think of (I've been on an EVE binge lately), there's at least a dozen more.

  220. direct frame buffer has translucent windows by toddler99 · · Score: 1

    Follow links for screen shots of translucent windows: http://www.directfb.org/gtk.xml http://www.directfb.org/screenshots/index.xml and doesn't microsofts win32 api provide alpha blending now? I mean aren't those shadows I see in my menus a form of translucent windows? so what kind of patent is this from apple? do patents really mean anything or are they just a waste in legal fees hurting the economy?

    1. Re:direct frame buffer has translucent windows by pracz · · Score: 1

      I am just wondering the same thing. In what are patents useful when they don't apply??

  221. It's like having Merzedes by startxxx · · Score: 0

    file a patent on reliable & safe cars...

  222. you're such an asshole by Ender+Ryan · · Score: 2, Insightful
    The good news is that there's nothing stopping you, for sake of argument assumed to be a person of little means, from getting the money you need. All you have to do is find a rich person and convince him that you've got a good idea. Because the world is chock full of stupid rich people, you don't even have to necessarily have a good idea in order to pull this little trick.

    And the whole reason I should have to do that is, what now? So companies like Apple can monopolize things that other people have done before/could easily come up with themselves/is so fucking obvious the patent examiner should be shot...

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  223. Why India is such a good competitor in IT services by danielsfca2 · · Score: 2, Informative
    The barrier to entry in software, as in everything else, is financial. This will be true as long as time and effort have a dollar value associated with them.
    No, the financial barrier to entry in software is significantly lower than other industries. Why do you think countries like India are able to outcompete western programmers? They aren't rich countries, quite on the contrary, poverty is quite rife.
    Obviously you have not taken microeconomics. India has such a comparative advantage over industrialized countries in the area of IT, among other reasons, because their opportunity cost of doing an hour of programming is much lower than someone in the US--in other words, they don't have a lot of very good alternatives. This allows them to command less money since their time is worth less to them. Therein lies their competitive advantage--their time is worth less and they can therefore export their services for cheaper than we can provide them domestically.
  224. Re:Linux? ROTFLMAO by weileong · · Score: 1

    I think that's the first time I've ever heard (apart from Final Cut Pro) an arguement that Apple has more applications than another system. If there's one thing that has been a thorn in Apple's side for so long it is the lack of software

    Actually, it's true. Really. Think about it. Two things:

    (1) With the underlying UNIX/Posix-ness of OS X, well, it's been a long time since I've seen a Makefile that doesn't have an OS X/darwin target. So, in essence, "all" linux apps are also OS X apps. But it is not so in the reverse direction. Which leads on to:

    (2) you mention Final Cut Pro - and I guess you are targeting the "i-Apps" that apple makes, don't exist on linux, yes, and what you are trying to imply, I believe, is that these apps don't count. Alright. But I don't see Adobe Photoshop, Macromedia Dreamweaver etc. available for Linux.

    It's true there's a thorn in apple's side in terms fo lack of software, but it's not a matter of lack-of-GNU/FSF software, it's lack of software to compete with *Windows*.

  225. Can we make software patents good? by pstreck · · Score: 1

    If open-source foundations begin embracing software patents and allow there use for free software with no restrictions and also collect fees from comercial software houses using these patents the open-source community benefits by having the right to use all these software patents without worrying about the corporate monsters prosecuting them and in addition creating an additional revenue stream to continue the development of open-source technology. This seems like an interesting prospect, what does the community think the pros and cons of this scenario are?

    --

    Later,
    Phil
  226. if you're using OS X by option8 · · Score: 2, Informative

    if you're using OS X to read this, and have a keyboard with volume up/down keys on it, this is for you:

    press one of the volume buttons on your keyboard.

    note the translucent display element indicating the current system volume - a gray, lozenge-shaped "window" to use the generic term for such things. notice that you can interact with the other interface elements behind it with the mouse/keyboard. note that, after a period of inactivity (after you let go of the volume adjustment key) the interface element indicating the current volume slowly fades to transparent.

    ta. da.

    if you're not, however, using OS X and/or have never seen this in the wild, this patent will pretty much assure you that the same thing won't show up on a windows box near you any time soon.

  227. Re:Linux? ROTFLMAO by Anonymous Coward · · Score: 0

    I've always thought it was neat how various Unix-like OS's had their own individual quirks.

    Ah, I have such fond memories the time I tried to "init 5" on an IRIX box (after coming right off a linux, I think it was red hat 6.2, box).

    And, of course, I had to do it in front of the boss.

  228. Hey. by blair1q · · Score: 4, Funny


    Do you suppose Microsoft patented Transparent Government and that's why we can't have one?

  229. why look for prior art? by SillyNickName4me · · Score: 1

    Well, besides prior art.. this patent seems to fail a more basic requirement.

    The thing is that it is completely obvious and always has been once the concept of a window was there, that once it was technically feasable to make translucent and semi translucent window backgrounds, that it would be done.

    Are they trying to get a patent on a specific way fo using that to dramatically enhance the way a user interacts with the computer? That might just be stuff for a valid patent, but at first glance, this isn't since it fails the non-obvious to a practiser of the field requirement.

    1. Re:why look for prior art? by Megane · · Score: 2, Informative
      Maybe you should RTFA first before you ask questions that are answered by reading it?

      What Apple has come up with is a pretty interesting idea... a window that slowly gets more transparent as you ignore it, and after a certain point it ignores user inputs, which are then passed to the next window behind it. I'm not sure it's a good idea, but it is an interesting one, and definitely is a novel one.

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
    2. Re:why look for prior art? by SillyNickName4me · · Score: 1

      Yep, thats pretty neat indeed.

      And eh.. this is slashdot.. since when is it required to read articles? (besides the fact that the server its on is usually slashdotted anyway)

  230. X Window System by Short+Circuit · · Score: 2

    ...but they weren't dynamic as Apple's are.

    Even so, X has had backing store for years. You can't tell me translucency isn't the "logical next step."

    1. Re:X Window System by blkmagic · · Score: 1

      Actually, I wasn't saying that they should even get a patent. I was saying that it's not really a huge technology change.

    2. Re:X Window System by Short+Circuit · · Score: 1

      I didn't mean to imply you were. And I agree with you. :)

    3. Re:X Window System by blkmagic · · Score: 1

      Sorry. Just took it the wrong way. I blame it all on Amazon anyway. "One Click" ordering? Sheesh. What a patent!

  231. All hail the new evil. I prefer evil classic. by Anonymous Coward · · Score: 2, Informative

    Prior art? Glass2k under windows 2k. It works just fine. Maybe a little hard on older hardware.

  232. Here's an example by melikamp · · Score: 1

    I'm not sure how is it working under the hood, but my GAIM for Windows XP has a full blown transparency.

  233. uh ya eterm by quelrods · · Score: 1

    Prior art would be Eterm used primarily in the window manager enlightenment. This is the default setup for it. While it's annoying if you want to use things like syntax highlighting there are many people that use it, in fact other window managers have this feature too.

    --
    :(){ :|:&};:
  234. Not New Idea by Anonymous Coward · · Score: 0

    All the windows in my house are translucent. Pfff.

  235. Exactly. by Anonymous Coward · · Score: 0

    It's about a window loosing focus and instead of changing is position in the stack of windows becoming more and more transparent. And instead of having focus and not having focus, theres an additional state of doesn't want focus. Which seems to be the only real invention and totally independant of translucency.

    Reading their patent, I wouldn't want my windows to act like that. I can think of one thing more gay, and it involves dicks in dudes butts.

  236. Prior art found by Anonymous Coward · · Score: 0

    Prior art: The Nvidia GeForce2 MX software for Windows XP allows the user to make a window translucent, with varying degrees of translucency.

    -AshtonG

  237. ...make sure you know how to spell "whine." by Anonymous Coward · · Score: 0

    NTSH,MA

    1. Re:...make sure you know how to spell "whine." by mpaque · · Score: 1

      whinge PPronunciation Key(hwnj, wnj)
      intr.v. Chiefly British whinged, whinging, whinges
      To complain or protest, especially in an annoying or persistent manner.

      I types what I means and I means what I types. :-)

  238. Interplay Star Trek Game by Anonymous Coward · · Score: 0

    Back in the day I had a friend whose dad worked for interplay. I remember him getting all excited explaining that the game was the first software to have translucent windows. I'm not sure of the dates or anything but...

  239. RTFA by werdna · · Score: 2, Informative

    It's a challenge to find a non-Apple translucent window that isn't just a snippet of desktop wallpaper pasted in the background.

    It wouldn't matter if you did. The patent is not directed to just any translucent windows. The application acknowledges that there exist various prior art methods to draw objects, including windows, translucently, inlcuding methods they patented years ago.

    The application appears to be directed more particularly to the user interface device of having a window's translucency be a function of the amount of time that has passed since the content most recently changed.

  240. Doesn't a patent have to be non-obvious ? by Pop69 · · Score: 1

    I'm sure I remember reading that somewhere, would this qualify as non-obvious ?

    1. Re:Doesn't a patent have to be non-obvious ? by Derleth · · Score: 1
      I'm sure I remember reading that somewhere, would this qualify as non-obvious?

      This is non-obvious if you aren't up on computer technology. If you over-worked, under-paid patent examiner isn't a geek, or isn't trained in what modern GUIs look like, it sounds like something genuinely new. 99% of Slashdot readers have used, at least once in their lives, a translucent window in a GUI, but if the examiner never has, Apple gets to sneak one by.

      This is a serious flaw in the current patent examination system. Patent applications need to be peer-reviewed, looked over by representatives from the industry involved to weed out the obviously bogus attempts. They don't need to be lawyers, just experts in the field the patent would affect. This would halt over 90% of all bogus patents, I guarantee.

      Of course, the idea of patenting software is itself bogus, but that's a different argument.

      --
      How can you use my intestines as a gift? -Actual Hong Kong subtitle.
  241. Eterm, gnome-terminal, and those desktop snippets by Anonymous Coward · · Score: 0

    if the desktop snippets were accurate enough looking, they are prior art as well. The idea itself is nothing new, and the desktop backgrounds prove that.

  242. Prior art: Microsoft Outlook by Anonymous Coward · · Score: 2, Interesting

    Weird but true. Outlook 2003 shows small windows in the bottom left corner of the screen with just the subject and sender when an e-mail arrives. That small window starts solid then goes increasingly translucent until it disappears. If you hover your mouse over it, it goes solid again and starts fading again if you move your mouse away.

    Regardless, it's not worthy of a patent. For Apple or Microsoft.

    But (unrelated) the real genius comes once more from PARC: magic lenses. Which isn't even new.

    They do so much more than being translucent: they change visual properties of the data underneath.

    It may not serve as prior art (because they don't fade over time), but certainly makes Apple look like a fool for trying to patent something so basic and stupid.

    http://www2.parc.com/istl/projects/MagicLenses/

    And there's a nice Java demo:

    http://www2.parc.com/istl/projects/MagicLenses/S im pleDemo.html

  243. Apple is Evil by Anonymous Coward · · Score: 0

    I don't care how many macheads(note how it rhymes with crackheads) are in the audience, Apple is an evil corporation who would monopolize the computer industry in a heartbeat if they could.

    "but it looks so pretty", good for you, go hug a tree and plant some flowers you rainbow luvin freaks!

  244. Probably a dupe, but... by ohad_l · · Score: 1

    ...I thought the whole point of windows is that they're supposed to be translucent. :)

    --
    If it weren't for fog, the world would run at a really crappy framerate.
  245. uses by Onan · · Score: 1
    Reading two layers of text for more than a few words is pretty futile, yes. But I've run into many functional uses for window transparency which don't rely on doing so:

    Seeing when that slashdotted web page finally loads in a backgrounded window. I don't need to be able to read it clearly to see that stuff has been drawn in it.

    Seeing when long-running processes like compiling have finished. Ditto with not needing to read it to see whether it's still spewing.

    Seeing the artist of the current itunes track without needing to shift windows. Sometimes reading even a few words is enough to be informative.

    Watching movies or television behind terminal windows in which I'm getting work done. While text-over-text doesn't do much good, text-over-video works surprisingly well.

    Obviously there are other window arrangement or notification methods that can be used to accomplish most of these. But they're all examples of transparency adding genuine functionality, not just ornamental eye-candy.

    1. Re:uses by Mikeydude750 · · Score: 0

      Or movie-over-text...ATI's multimedia software lets you watch a DVD in a translucent window above all other windows...

      It works really well when set to 40-60% transparency...

  246. Windows 98 did it first by Anonymous Coward · · Score: 0

    This doesn't stand a chance. It certainly should not.

    Prior art. Windows 98 and any of the other Windows variants that including the graduating fading-in menus (so first public prior art when Windows 98 launched, previous art demonstrated in Microsoft labs a long time before). Menus are windows in Windows - windows are used to represent menu - therefore windows have already been used for this purpose.

    No case to answer. This should be thrown out without more than 30 seconds contemplation.

    Note. Microsoft didn't patent this stuff.

    Yet again Apple is trying to patent obvious UI stuff they didn't invent. They didn't invent WIMP, but they sued plenty over it, now this.

    Pathetic.

  247. Re:Linux? ROTFLMAO by dead+sun · · Score: 1
    Well, the move to a BSD was a good step for Apple. I won't even try to deny that because it'd be silly to do so. But if I want to run those apps exclusively I'm not gaining anything besides some GUI glitter by switching to Mac OS from Linux. The other way around and you're gaining low cost hardware and an OS that costs nothing. Again, only when you're dealing with the strictly open software.

    I mention Final Cut Pro and am kinda taking a half cooked swing at the iApps. I can only name iTunes and iMovie off the top of my head. iTunes has it's music store which I largely don't see the value of and I otherwise found nothing special about it. iMovie is fairly nice, but is superceded by both Premier and FCP on the Mac or Premier on Windows. Linux isn't, as far as I know, a contender in this area yet.

    Lack of Adobe is a pain to Linux adoption for some, but that's changing in a hurry. Disney and some others have really pushed for Adobe on Linux and if I remember correctly have put some weight behind emulation for those apps. Macromedia is working to bring Flash and (I think) the whole studio to Linux, through emulation first and then native. Yeah yeah, it's a emulation or future native arguement, I know. It's also a point that's conceded in a Linux vs. Mac arguement everytime, and then apart from FCP there's no convincing arguement for Mac over Windows.

    Apart from a few markets it comes down to having a very functional and usable system regardless of the OS you use. So if you're in graphics you can choose Windows or Mac, video editing you only have Mac if FCP means a lot to you. Games you're pretty much stuck on Windows. For most office stuff, coding, or almost anything else you have your pick. So it comes down to how much are you willing to pay for some glitter in those cases. Not that glitter like consistant menus and the like wouldn't be nice in some GNU software...

    --
    If not now, when?
  248. Here's some prior art.. by Anonymous Coward · · Score: 0

    Ivan Sutherland's SKETCHPAD system, 1963.

    A vector-based GUI.. Translucent by design. :)

    Cheers,
    Bowie

  249. Prior art? Amiga ten years ago. by TallCool1 · · Score: 2, Informative

    Not too long after Commodore crashed-and-burned, I saw some stuff that was being done vis-a-vis the AmigaOS GUI that involved translucency. I have lost my archives from that time, unfortunately, but it is much as described here. IIRC, one aspect was that the translucency could vary with mouse movement as well, so as a user moved "off" a window with the mouse, the transparency could increase to make the partially-hidden underlying window more visible.

  250. Avoid doing business with businesses that hurt you by jbn-o · · Score: 1

    I think you've hit a critical issue. Sadly many on Slashdot react favorably to convenience and entertainment at any price. So long as Apple provides something deemed worthy and wraps it up in a convenient package, we need not get into discussing more important issues of how business interests are not always compatible with social interests or scientific interests (put differently, we should all shoehorn our arguments into one that justifies and reifies the marketplace, never challenges it). Mention things like software freedom or not doing business with businesses that treat you poorly and suddenly you're taking issue with something sacrosanct. This also comes up when movies are discussed -- discuss a new movie coming out and how impressive the special effects are or how to get a copy of the ad (pardon me, "trailer") in a proprietary format and your contribution is moderated as informative. Bring up how that same studio works to stifle your ability to express yourself freely through increasing the scope or duration of copyright law (or exporting that copyright law internationally through trade agreements), and you're reminding people of the truth at a time they'd rather pretend the world was different.

  251. Miranda IM by deke_kun · · Score: 1

    The Miranda IM client does this. The contacts list goes transparent when you use it. Right now I'm typing this with a faint, transparent contact list hovering over my text. Its not a pasted background image, its real transparency, I can put anything behind it and it works, even video.

    It even does the "over time" thing. Albeit very quickly, but when its active, its pretty solid, when i start doing other things, it fades away.

    1. Re:Miranda IM by BlacKat · · Score: 1

      I don't think it's Miranda that's doing it, but rather Windows XP itself, Miranda simply calls the window translucency API's. I could be wrong, but that would make the most sense to me. :)

      I, too use Mirand and love it, though I have the contact list at 100% in the foreground, and it fades away after 3 seconds of non-use. :)

    2. Re:Miranda IM by deke_kun · · Score: 1

      I didn't think XP's transparency was that advanced. Maybe its Miranda+XP, ie a little code in both, thats creating the functional effect.

    3. Re:Miranda IM by BlacKat · · Score: 1

      Both Windows 2000 and Windows XP have the ability to set a window to be translucent on a percentage scale.

      There are a ton of freeware utilities to control this new ability on legacy applications.

      From what I can tell Miranda is using these API's as it is conditionally defining the appropriate consts in the Win32.h file in the CVS tree.

  252. Proir art by haemish · · Score: 1

    check out 5,651,107. Predates by a decade.

  253. Nvidia has one by Anonymous Coward · · Score: 0

    Nview has a feature that makes windows translucent when you drag them. And since you can also see icons behind the translucent windows, I don't think that it is just "wallpaper pasted in the background".

  254. Winamp or ATI by ironicsky · · Score: 1

    When did Nullsoft Winamp start doing the Translucent window thing.

    Also, ATI Video cards do transulucency for the TV overlay, and vice versa.

  255. Re:Vitrite -- Thank you for mentioning it by imtheguru · · Score: 1

    Vitrite allows you to set the transparency level of (almost) any window using the interfaces that have existed in windows 2000 since its release in late 1999. I believe it was up to the programmer to use (or not to use) the transparency interface.

    I wonder if this is enough to counter the claim that Apple has had transparency since Sept 2000.

    -Happy vitrite user since 2002.

    --
    Yet Socrates himself is particularly missed.
    A lovely little thinker but a bugger when he's pissed.
  256. Oh really? by Anonymous Coward · · Score: 0

    "Apple does not have to prove anything to you"

    What does this mean, exactly? Its one of those sentences that appears to make sense, but when you try to explain it, you realize its utter nonsense.

    "and people who admire apple don't have to apologise for anything"

    You can admire Apple the way you might admire, say, an attractive rose bush. But you should apologize to your friends and family if you think you need to apologize Apple -- or any other company -- on a public forum, unless your name is Steve Jobs, or you work for Apple.

    But if you're a consumer and worships apple and defends them just because you "admire" them, then you're what I'd consider a raving lunatic.

    Maybe you ought to apologize for all the spittle you send everyone's way as you wave your arms and attack anyone who criticizes apple?

  257. Not quite by willtsmith · · Score: 1


    Stained glass windows typically aren't used for information technology. But I'll do you one better. OVERHEAD TRANSPERANCIES.

    Plastic transparencies have been used for many many years for presentation and the animation industry.

    I doubt that Apple's patent will hold up in court. But you have to remember the rules of the patent game. The idea is to have as many patents as possible so you can counter-sue on 10 patents for every patent someone sues YOU for.

    --
    -------- -------- Support Wesley Clark for president!!!
  258. Suggested Use by djmitche · · Score: 1

    IM windows -- if you don't talk to 'l33td00d' for a predetermined amount of time, the window fades and you can work right through it, although you can still see it and thus respond to any further '3nc0d3d m3554g3s'. Dustin

  259. most. useless. thread. ever. by spare.dave · · Score: 1

    I'd like to nominate this for most USELESS DISCUSSION in a slashdot thread. The first few posts post the normal 'software patents suck' deal (which i agree with, but anyway),
    then i see FIFTY +5 posts, all with some variation of "RTFP, it really says bla bla bla bla bla bla bla".
    Did the previous forty-nine posts miss some small nuance that just had to be posted?

  260. Apple has great ideas! by Anonymous Coward · · Score: 0

    "You're making stuff up now. If I want to do right click without using a modifier key (ctrl)"

    So let me get this straight.

    Apple thinks Context menus are a good idea (and they do, because they're included in OS X).

    Apple also thinks you don't need more than one mouse button (they don't. They ship all computers with one mouse button, and unfortunately, no option to add 2 mouse buttons to the portable lines).

    But they think its good to access the context menu by using two hands instead of a second mouse button.

    But they also think its good to use the 2nd mouse button because it works if you buy a two button mouse.

    Honestly... it sounds like everybody at Apple wants a two button mouse with the exception of Steve Jobs. Oh, and you.

    Please stop defending the indefensible. It makes you look like an ass.

  261. Well.. by Anonymous Coward · · Score: 0

    If Apple software engineers provide support for a two button mouse, but the hardware guys won't do it, doesn't it sound like apple's engineering is run out of steve job's ass?

    And the only reason it matters is the powerbooks and ibooks.

    I'm all ready to replace my Pismo with something newer, but I'm not sure I want to live with a one button mouse again for a few years.

  262. Corel Draw 10 by iminplaya · · Score: 1

    has translucent menus. Does that count?

    --
    What?
  263. Sun looking glass do this already ? by EEproms_Galore · · Score: 1

    Doesnt suns looking glass browser already do this

  264. Sunglasses = prior art! by Anonymous Coward · · Score: 0

    And
    How about
    Those self tinting sunglasses
    that change according to brightness...

  265. Re:Why India is such a good competitor in IT servi by sydb · · Score: 1

    This allows them to command less money since their time is worth less to them.

    I don't think it "allows" them anything; rather, they choose to do so, dependent on the level of their greed.

    --
    Yours Sincerely, Michael.
  266. Project Looking Glass by Peartree · · Score: 2, Interesting

    I wonder if this will have an adverse effect on Sun's Project Looking Glass?

  267. Easy one by way2trivial · · Score: 1

    ATI, blended window for tv viewing on your desktop or program.... I've seen this for at least two years

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:Easy one by Mike+Buddha · · Score: 1

      It's much older than that. I have an ancient (read 1996) All-in-wonder that did this.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
  268. Stupid by Rize · · Score: 1

    Stupid, stupid stupid. What a stupid thing to patent. At best this will just ANNOY consumers in my opinion. The ones that know of the patent at least.

    1. Re:Stupid by Anonymous Coward · · Score: 0

      Stupid, stupid, stupid. RTFA.

  269. Translucent windows by bigchris · · Score: 1

    http://freedesktop.org/Software/TranslucentWindows

    1. Re:Translucent windows by joeytomatoes · · Score: 1

      Nice article.Thanks for the link. the eye candy was great.

      --
      The Tomato Team
  270. mod the fuck up by Ender+Ryan · · Score: 1
    If the goddam mods don't mod the parent post up to 5, I'm gonna fucking kill someone*.

    Science has been an "intellectual commons" for hundreds if not thousands of years. Yes, all of science. Every serious advancement in human history is the result of science in some form. From the wheel to the computer in front of you. Without the shoulders of the giants we stand on every fucking day, we would be cavemen. Twirlip should be summarily ignored for eternity for being such an ass as to pretend the idea is so preposterous. What a fuck.

    * No no, not really. Maybe I'll do something _really_ crazy instead, like not using the "f word" for a week or two.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:mod the fuck up by Anonymous Coward · · Score: 0

      Twirlip should be summarily ignored for eternity

      Then why don't you be quiet and leave him alone for a while?

      If you don't have anything to contribute, then just hush, okay?

  271. mod parent up by Anonymous Coward · · Score: 0

    prior art ;)

  272. You have my pity. by Bananas · · Score: 1
    Ever heard of leisure time - why can't I work in a bar _and_ write software whan I get home? You can. You just aren't going to be very successful at it.

    What is the basis of this? From what data or insight do you arrive at this conculsion? This statement is also ambigious - by what measure of success? Money? Fame? Ubiquity? All of the above? Something else? Expound!

    Or temporary unemployment or disability or any number of reasons why you cannot blithely and naively equate time and money? If you're unemployed, you need to spend your time finding a source of income, not on counting angels on the head of a pin. And if you're disabled, I'm sure you're going to have enough trouble finding a way to pay for your medical needs.

    What wonderful assumptions! Again, your predicates are not very clear - so I'll have to guess. Unemployment = absolute requirement for employment as a source of income, and Disabled = constantly in a state of medical need? Are these absolutes? Is it really that black and white, or are there exceptions? After all, everyone requires employment, right? And everyone who is disabled requires constant medical care, right? And by extension of this business owners, lottery winners, investors, and other owners of large fortunes are merely employees and my wife requires constant medical care, despite the fact she doesn't? You'll have to do better than that. Oh, that right...business owners, investors, lottery winners...all of them, they can be fired at any time, that's the ticket, yeah...

    Your flawed logic implies that everything worthwhile ever accomplished by any human being should be measured in dollars alone and that all intellectual works should be patentable too. Oh, please. "It's not about dollars, man! That's just your greed talking!" Whatever. The point is that time, tools, and intellect do not grow on trees. They are not free. There is an opportunity cost, and almost always a direct dollar cost, associated with each. Who's going to pay your mortgage while you take a year off to write the Next Big Thing in software?

    Time doesn't grow on trees, it is merely an abstraction of the 4th dimension of my universe. Tools do not grow on trees, they are made by my own means. Intellect does not grow on trees, it is excercised by the challenges of my life. Time and intellect come free of charge - what are you going to do, sell me my time and intellect? At what price do I receive these things? Tools, well, that depends on weather or not you believe in public property, because I'll need resources to make tools, and the resources can't be taken from private property of someone else without theft, but could be taken from my own private property. If you don't believe in it, then free is impossible, because any form of free becomes theft (it requires that you take something that has a prior claim of ownership - that predicates theft as a result). If you DO believe in public property, then I am merely taking only what I need to make my own tools, but then you have already weakened your own arguements against the concept of non-free, haven't you? But if all forms of free are theft, then gift cease to exist? Oh, that's right, I would be robbing myself, but that is an oxymoron, isn't it, because theft means taking property from someone else, but I'm only taking from myself. You forgot one thing in your arguement - that I can give a gift, one that from your vantage point, is free to you (yes, there is cost to me - the very definition of a gift implies this - but why you are so concerned about my costs is unclear to me - so for clarification, cost doesn't enter into the picture when you are discussing a gift I give to you). Given that I have satisfied all three requirements for "free" (in a value/materialist sense), this last paragraph of yours, in my own opinion, is a large dungheap of broken ideas.

    I for one have no non-free, commercial software and the fact that most people do is hardly a proof t

    1. Re:You have my pity. by Twirlip+of+the+Mists · · Score: 1

      What is the basis of this?

      History. How many brilliant software innovations have come from guys who work in a bar and write code during their free time?

      Time doesn't grow on trees, it is merely an abstraction of the 4th dimension of my universe.

      Are you kidding me? Is this supposed to be funny?

      I tried, I really tried. I made a concerted effort to read the rest of your post. It was just too much froshman-year claptrap. I couldn't deal. Sorry.

      If you want to try again, I'd suggest you pare it down a bit.

      --

      I write in my journal
    2. Re:You have my pity. by divide+overflow · · Score: 1

      >History. How many brilliant software innovations have come from guys who work in a bar and write code during their free time?

      History: How many brilliant physics innovations have come from guys who work in a patent office and write equasions during their free time?

      Wanna guess, Einstein? ;^)

    3. Re:You have my pity. by Llywelyn · · Score: 1

      There are exceptions, exceptions are called that because by and large they are not true.

      Some incredible innovations have come about because of people working in their garage with no (or very little) profit motive, but the vast majority of inventions and advancements do not happen under these terms.

      --
      Integrate Keynote and LaTeX
    4. Re:You have my pity. by Bananas · · Score: 1
      You need to provide more context; or at least, a pretense or "open strand" of context that presents the reader the opportunity to examine. So far, you have clipped the original meaning of each dialog and changed not just the context but the dialog itself. I've read through the other replys to your posts, but you seem to be reaching all the right people for all the wrong reasons.

      What is the basis of this? History. How many brilliant software innovations have come from guys who work in a bar and write code during their free time?

      Ok, I'll accept that answer (for now - but it still requires research before I put my own "stamp of approval" on it). But you still didn't answer the second question that followed: This statement is also ambigious - by what measure of success? Money? Fame? Ubiquity? All of the above? Something else? Expound!

      Time doesn't grow on trees, it is merely an abstraction of the 4th dimension of my universe. Are you kidding me? Is this supposed to be funny?

      I'm not sure if you're 'dodging' or simply unable to grasp the original context. Here's your original quote: The point is that time, tools, and intellect do not grow on trees. They are not free. There is an opportunity cost, and almost always a direct dollar cost, associated with each. Am I reading this right - Time is not free? Let us follow this for a moment - so if time is not free, then time has value (implied in the first sentence; also, we're setting aside the concept of null values have valuation - something that should immediately tell you that the premise is flawed, because it makes such things - like the concept of zero - cease to exist). Is that value always economic, or can it be perceived otherwise? It appears to be monetary-based (implied by the second and third sentences). If all time is monetarily valued, then is time equal to money? I can only assume at this point that you are following this line of reasoning, which happens to be a common phrase that is well known - "Time is Money". If all time is equal to money, then money existed at the same point that time began (a requirement for equality)? Did we start cranking out currencies at the Big Bang/Cosmic Egg/7 Days of Creation/[Insert Favorite Belief System Here]? But this isn't 100% correct. Time comes before currency - we don't have a record of prehistoric animals buried with large amounts of cash - so the existence of currency appears to be a subset of the existence of time. This implies inequality (because the scope of each existence is not equal), so your statement is false until you can provide different information to work with.

      I'm really having to make alot of assumptions here (which is why I just berated you with the opening paragraph on context), but if the "path" of thought I've choosen is close yours, then I'm going to assume (ack! more assumptions) that you've confused something called "the labor proposition" with some other things. It goes like this - "I'll pay you money in exchange for the time it takes you to work for me." Inside of this proposition, time and money have direct value, monetary value even, because it is a result of the existence of the proposition itself. Outside of it, well, it's the King's new clothes - it's pretty transparent to see that the valuation only occurs within that proposition. The construct is not naturally occuring - we don't just go out and mine 'labor propositions' out of rocks; it is a perceived state shared between two (or more) people, i.e. an agreement. But this agreement is but a microcosm in comparison to the universe itself (which we just demonstrated by the fact that the valuation only occurs within the proposition, not outside of it); the mistake made (frequently by many) is that the agreement encompasses everything. Well, not everything in existence agreed to this proposition, OK? Because if I'm wrong, then this posting (and the last one) were not free, and you owe me some money. Come to think of it, Cmd

  273. possibly best PRIOR ART by Ender+Ryan · · Score: 1
    From what I've seen so far, the parent poster probably has the best example of prior art. It is pretty goddam close to what Apple is claiming.

    The difference is focus vs. time-based, which is enough to at least severely limit the extent of possible enforcement if Apple gets the patent.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:possibly best PRIOR ART by Twirlip+of+the+Mists · · Score: 1

      From what I've seen so far, the parent poster probably has the best example of prior art. It is pretty goddam close to what Apple is claiming.

      Have you, you know, read Apple's patent application?

      The thing in question has practically nothing in common with Apple's claim. You'd know that if you took one minute to read what Apple's lawyers wrote.

      I guess that'd be too much to ask, huh? That you, you know, use your brain.

      --

      I write in my journal
    2. Re:possibly best PRIOR ART by Ender+Ryan · · Score: 1
      Ummm... no, like he said, it matches many of the 40 claims quite closely. The major difference being Apple's implementation is time-based, whereas his is, or was, focus-based. Other than that, they are both quite similar. It used to be that something had to be more original than that to be worthy of a patent.

      You know, if you weren't such an insufferable asshole, you'd stop denying the reality of the world we live in. That being that all of the progress we have made as human beings is the result of an intellectual commons you claim is morally bankrupt, that simply being science in general, which, as someone else said, is an "intellectual commons if there ever was one." If every tiny advancement made in history was encumbered by a myriad of patents, we'd still be rubbing sticks to make fire, if you can find the right combination of sticks, flint, etc. that wasn't still encumbered by "intellectual property concerns."

      You know, the fathers of this country were very cautious to limit the extent of so called "intellectual property," because they understood this. Other countries were, at the time, much more protectionist regarding intellectual endeavors. You, OTOH, apparently believe that tiny little differences in things of much larger scope makes for valid patent material, and hence granting long lasting monopolies to those who have the wealth to engage in pretectionist rackets for fucking obvious bullshit that people have already done in one form or another. So fucking piss off, you and all the goddam like-minded assholes patenting bullshit that is just some fucking old idea, "ON TEH INTARWEB" or a simple set of common GUI controls layed out in a specific manner.

      Apparently, "use your brain" to you means something very different than it does to most people who actually invent things. I can't tell you how many times I've written some code, only to find out several years later that someone just got a patent on some bullshit that does the same damn thing. Fuck that. That's patents these days. 99% bullshit. I'm not a genius, not a real inventor, admittedly an average programmer, and yet people get patents for things I come up with myself. Hyperlinks, popup ads, one-click shopping, rotating banner ads, selecting songs my genre/artist/album using GUI controls that have existed since forever*, the patent in this discussion(which several games have done very similar things to, btw), etc., etc.

      Now go back to your little world where the patent office isn't broken, and "intellectual property" has created a beautiful world for everyone. And stay there, never again to bother people who actually work for a living.

      * which I fucking started to do, several years ago, for my home entertainment center. I never got anywhere because the damn machine broke... Since I work for a living instead of receiving royalties in perpetuity, I couldn't afford to buy a new one right away. And since metadata has existed in music files for quite some time, I surely didn't see what I wanted to do as being original. So fuck Apple. And of course, fuck you too.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    3. Re:possibly best PRIOR ART by Twirlip+of+the+Mists · · Score: 1

      You know, if you weren't such an insufferable asshole, you'd stop denying the reality of the world we live in.

      If I'm so insufferable, why do you insist on trolling me?

      The rest of your post was devoid of content. Nothing there worth replying to.

      --

      I write in my journal
    4. Re:possibly best PRIOR ART by Ender+Ryan · · Score: 1
      Devoid of content? Because it contradicts your opinions? Piss off.

      Fact: I'm stupid, yet I come up with patentable ideas on my own, which I never realize till years later when some asshole patents them.
      Fact: Those ideas shouldn't be patentable; I'm far too stupid to come up with something truly original.
      Fact: The patent office is doing a terrible job deciding what should be patentable.
      Fact: You're a fucking idiot.

      Please do the world a favor, kill yourself.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    5. Re:possibly best PRIOR ART by Twirlip+of+the+Mists · · Score: 1

      Please do the world a favor, kill yourself.

      Nice. Real grown-up.

      I wish there were some kind of minimum age limit on Slashdot accounts. At some point, you just have to draw a line and say "no children beyond this point."

      --

      I write in my journal
    6. Re:possibly best PRIOR ART by Ender+Ryan · · Score: 1
      Uhhh... Excuse me? You shouldn't make assumptions. I _am_ an adult, I just truly find you to be an absolutely despicable person.

      No, really, from one adult to another, I think the world would be a better place without you.

      Ok ok, so that's trolling a bit, but no matter.

      You are unbelievable. You post on /. all the time about the virtues of software patents, while to nearly everyone else it is blindingly obvious that the US patent office is completely broken. In all of my professional experience, over 6 years, I have never spoken to another programmer who thought the patent office was doing a decent job, even among those who think software should be patentable. Not a single one.

      Countless people have rebutted you here on /., many professionals who program for a living, and yet you maintain your ridiculous, braindead opinions, and you spout them off like you're superior to everyone who actually works in the industry creating things. You're absolutely ridiculous...

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    7. Re:possibly best PRIOR ART by Twirlip+of+the+Mists · · Score: 1

      I _am_ an adult

      Then I guess it would be the acme of foolishness to inquire if you might be inclined to act like it?

      As with the rest of your posts, I didn't bother to read on. It's certain to have been childish and silly.

      Grow up a bit, then try again.

      --

      I write in my journal
    8. Re:possibly best PRIOR ART by Ender+Ryan · · Score: 1
      So you admit you didn't read my whole post, but yet you responded to it.

      May I suggest you follow your own advice?

      Sorry, no time to continue this rewarding discussion, I have real work to do.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    9. Re:possibly best PRIOR ART by Twirlip+of+the+Mists · · Score: 1

      May I suggest you follow your own advice?

      You can suggest whatever you want. But if you'll notice, I'm not the one acting like a truculent ten-year-old who's snuck into the basement to play with his dad's PC.

      --

      I write in my journal
    10. Re:possibly best PRIOR ART by Ender+Ryan · · Score: 1
      Riiight... because attacking my personality instead of actually reading my entire posts is so mature...

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    11. Re:possibly best PRIOR ART by Twirlip+of+the+Mists · · Score: 1

      Riiight... because attacking my personality instead of actually reading my entire posts is so mature...

      This coming from Mr. "Please Kill Yourself."

      Your mom must be so proud.

      --

      I write in my journal
    12. Re:possibly best PRIOR ART by Ender+Ryan · · Score: 1
      And now you have brought my mom into the equation... Fantastic. Do you even see your own hypocrisy?

      BTW, here is your first response to me in this ridiculous thread: I guess that'd be too much to ask, huh? That you, you know, use your brain.

      You == hypocrite.

      You have not made a single on-topic response to me, ignoring every point I made, and instead have beaten a strawman to death. Way to go.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    13. Re:possibly best PRIOR ART by Twirlip+of+the+Mists · · Score: 1

      Do you even see your own hypocrisy?

      Nuh-uh.

      You have not made a single on-topic response to me

      Not sense "Please kill yourself," no. Should I have?

      and instead have beaten a strawman to death

      Sounds like you're a bit confused about the definition of the term "straw man." I'm not making a straw man argument. I'm not making an argument at all. I'm simply telling you that you're childish antics are boring.

      --

      I write in my journal
    14. Re:possibly best PRIOR ART by Ender+Ryan · · Score: 1
      Not sense[sic] "Please kill yourself," no. Should I have?

      Then why respond at all? And no, that is false. I said that in my second reply to you, after you said that everything I said was devoid of content without any elaboration. Which is something you frequently do to people, ie. writing off everything they say for no apparent reason.

      Sounds like you're a bit confused about the definition of the term "straw man.

      Ah, you're right. Not a strawman, just pure ad hominem. Instead of responding to me, you shifted to attacking my "childish antics."

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
  274. MOD PARENT UP by r6144 · · Score: 1

    I think we really must reconsider whether the benefits of patents from publication (as opposed to using trade secrets / NDAs instead) are high enough to keep the government involved in such a hard-to-get-right mess.

  275. Re:All hail the new evil. I prefer evil classic. by sh00z · · Score: 2, Informative
    Prior art? Glass2k under windows 2k. It works just fine.
    Which you somehow think occurred before Apple did it with Mac OS 7.5.5 in 1996?
  276. I call prior art! by Anonymous Coward · · Score: 0

    I have a text console window which has been doing this for 2 years (not a lot of lead time, but prior art, nevertheless). I know Sun has been working on Looking Glass for a while, so they might claim prior art too. Even mickeysoft might have some prior art when they stole the idea from someone else. As others have posted (and will continue to post --good on em--) software patents are *EVIL*!!!

  277. Jeezus by Anonymous Coward · · Score: 0

    Oh for fucks sake. A "Window" is just a rectangle graphic. It's no damn more special than any other graphic, of which transparency is nothing new. Do I sound irate? THat's cuz I AM!

  278. Prior Art by zenofjazz · · Score: 1

    TRillian has had "transparency" for it's windows for 2+ years?

    --
    -- All That's Evil in the Geek Space ... Allthatsevil.wordpress.com
  279. uh, Windows? by tjstork · · Score: 1

    Windows has had this since at least Windows 2000, although it's not commonly used.

    See SetLayeredWindowAttributes in the MS SDK.

    --
    This is my sig.
  280. I did just that just now by cuteintern · · Score: 1

    "...wherein said cursor operates on contents of said window when said window is in said opaque state, and said cursor operates on objects underlying said window when said window is in said first translucent state."

    Using Netscape 7.1, (because my Logitech Elite Keyboard doesn't support Mozilla) I clicked on my current tab through my transparent TV window. I'm using an ATI A-I-W 7500 on WinXP.

    How's that for prior art?

  281. Here's you're prior art by nicholas. · · Score: 1

    http://www.kaleidoscope.net/greg/PowerWindows.html

    I was using it years before OS X had it. I love Apple. And would even support them protecting themselves with this patent. But there's prior art. No question.

  282. How bad can this one be? by dtfinch · · Score: 1

    Look at this claim:
    9. The computer system of claim 8, wherein said first translucent state is 20% translucent and said second translucent state is 40% translucent.

    Does that mean that something that steps up the translucency either more or less gradually would not be infringing?

  283. Damn you apple whores! by nazsco · · Score: 1

    I browse /. with +3 for funnies... and the whole topic had ONE, one fucking +4 funny! the other had +5 but was twenty lines long, what kind of +5 funny is more than twenty line long???

    Anyway... I'm pretty sure there's prior art for it. I remember using it since i was 2! It was a device called wall that had a translucent window, that you used to look to the street, you know?

  284. Prior Art? How about Alias? by xkahn · · Score: 1

    http://www.acm.org/sigchi/chi96/proceedings/papers /Harrison/blh_txt.htm
    http://www.acm.org/sigchi/c hi95/Electronic/documnt s/papers/blh_bdy.htm

    This should be pretty prior. This work was done a long time ago. The video demo is pretty convincing too.

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    This .sig is left blank.
  285. Re:Prior Art? How about Alias? by xkahn · · Score: 1
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  286. Prior Art? by Chrontius · · Score: 1

    You know, Trillian's been doing this for a while...

  287. oh please by sabernet · · Score: 1

    what are the odds someone hasn't already done this in Flash?

    Hell, many flash sites use tweens bounds to user input to vary the alpha channel of a symbol. Flashkit.com should have some examples, I would imagine.

    And macheads, don't be so goddam retarded. This is bad, plain and simple. Apple, I don't know if you've realised, is capable of just as much nasty proprietary behavior as M$ and has done so in the past. And you can't excuse it by saying "But they're not the monopoly!"

    Apple & Microsoft both suck, live with it.

    And patenting something as retarded as a multi-desktop or a transparent window(I don't give a shit about user input, it's a goddam transparent window.) What's next, patenting a room with white walls?

    And I do believe the parent post was asking for prior art, not "Well, it's Apple, their cool!" and "No it's not".

    Interfaces should arguably NOT be patentable. And "components" of that interface should DEFINITELY not be patented.

    And finally, patenting does NOT drive innovation. Innovation drives it. The wheel is not patented. Pyramids are not patented. PCs grew because of a patent loophole let another company make em.

    I didn't create my little custom pen holder because I wanted to patent it. I did it because it WORKED.

    "Oh, but without patents, large companies will rip you off". They do anyway, dipshit. They just now use patents to do it. Go fig.

  288. Re:Linux? ROTFLMAO by Breakfast+Cereal · · Score: 1

    Given that SysV init levels are configurable, that's not even an OS issue.

  289. What you fail to understand by AvantLegion · · Score: 3, Insightful
    People are not afraid of Apple holding patents, because Apple doesn't have a track record of abusing them.

    You misunderstand what the "bad" behavior is. Holding the patent isn't it. It's what gets done with it.

    1. Re:What you fail to understand by brianosaurus · · Score: 1

      No, I think you miunderstand what the bad behavior is.

      The bad behavior is filing frivolous patents, and most software patents I've seen fall into that category. Apple is supporting the system that perpetuates this sort of crap. Longhorn will surely have translucent windows, and you can bet your Powerbook that Microsoft won't be forking over any $$$ to license that "technology."

      Apple has a history of bad patent behavior. The licensed "1-click shopping" from Amazon, giving credibility to one of the most ridiculous patents ever. Everyone else had to redesign their shopping sites to have at least 2 clicks, or run the risk of violating Amazon's patent.

      Translucent windows are not patentable at this time. There is prior art. Maybe it wasn't perfect, but it's what people were trying to do when they did the "grab a chunk of the desktop wallpaper" hacks that fake translucency in Eterm, rxterm and pretty much any recent *term on X11. The faking was necessary because of limitations of the X11 API (I don't recall the details). X11 wouldn't let us do real transparency, so we did what we could to approximate it.

      Apple's windows can be "really" transparent since OSX uses a compositing engine with alpha blending in its core graphics system. Every window drawn on the screen is put there by the Quartz engine. Its pretty obvious to anyone in the field (ie. a Mac programmer with access to Apple's API documentation) that a window can be made translucent simply by changing a parameter in a function call (give or take). The "invention" of translucent windows was already there. Apple's implementation is a big improvement, but its not an invention.

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      blog
  290. probably not relavent but by greggman · · Score: 1

    http://www.google.com/search?hl=en&lr=&ie=UTF-8&q= simgen+amiga

    I wrote something for the Amiga Workbench that gave you an image behind your desktop making all your windows that used the default background color to show the image through them so it basically it looks like translucent windows.

  291. If Apple's intentions are by warrax_666 · · Score: 1

    just defensive, then why don't they just publish the "invention" and say "This invention is in the public domain"?

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    HAND.
  292. I don't understand... by Anonymous Coward · · Score: 0

    Does the patent Apple filled covers a method
    to render transparent windows or the right to
    render transparent windows no matter what method
    is used? In my opinion they cannot prevent other
    software companies from developing GUI's with
    transparent windows using the simple argument
    that they own the right to use transparency.
    Let us suppose that a company develops a
    revolutionary way to render transparent windows
    that outperforms Apple's method, you cannot
    prevent that company from selling its product
    just because Apple owns a patent on it, that
    would hurt consumers, you cannot force the
    consumer to use an outdated product just because
    the fact that it is protected by patents
    prevents other companies from developing a
    better version. Patents are evil.

  293. looking for prior art was not such a problem... by xophos · · Score: 1

    http://www.fresco.org/data/screenshots/xggi-xchat. png

  294. Prior Art by lachlan76 · · Score: 1

    I think I have seen prior art for this. It was a Visual Basic (sigh...the things I do for experience) tutorial which used transparency to do the same thing. And what about the many applications which use a transparent region to make irregular shaped-windows? Wouldn't they also come under this patent? Anyway, I think that the author of the VB transparency code was Karl Moore, but I can't find his programming site anymore. Has anyone else here seen the transparency code?

  295. Re:Linux? ROTFLMAO by segfault_0 · · Score: 1

    From what i understand the Mac OS track recorder isnt so great, and im sick of Mac users stating that Adobe Photoshop and Microsoft Office makes the base of a system having real applications. If you want to compare functionality available and number of software, yes working software, titles... anytime.

    --

    I was crazy back when being crazy really meant something. (Charles Manson)
  296. Trade secrets question by Starrider · · Score: 1

    Again, with emphasis, IANAL. I was under the assumption that during a patent dispute, trade secrets do NOT become public.

    Defending a trade secret doesn't involve publicly disclosing the secret; that would nullify the point. I *thought* confidentiality in this area of the proceedings was kept. Could someone with more knowledge of this please clarify?

  297. Re:Vitrite -- Thank you for mentioning it by aristotle-dude · · Score: 1

    They bought NeXT?

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  298. example of prior art by p1nko · · Score: 1

    The GUMMI interface sounds like its very similiar to what apple is doing. The Register has the story. http://www.theregister.co.uk/2004/05/15/bendable/

  299. Prior art by 42forty-two42 · · Score: 2, Interesting

    How about this? Or this? That took only about a minute of googling to find.

  300. Prior Art by MasterShake · · Score: 0

    Protel DXP 2004 [http://www.protel.com] (A FPGA synthesis and electronic circuit design package) features menus similar to the Apple patent. When laying out a circuit, the menus that normaly get in your way fade out while you are trying to place a component "under" them. Call your lawyer?

  301. There are prior examples... by Anonymous Coward · · Score: 0

    ...In just about every single RPG since 1991

    Has everyone forgotton the see-through boxes in FF7. What about all the seethrought boxes in fighting games.

    This patent is ridiculous. Just because apple are the first(?) maybe to use this in PC's dosen't mean they can patent it.

    That said, at this stage, if someone filed a patent for the use of ascii text in computers they'd probobly get it.

  302. defensive publication vs. patenting by pbhj · · Score: 1

    Apple don't have to patent it .. they can use defensive publication [*] (which will be alot cheaper than patenting). There are several established methods for doing this .. they could apply for a patent and not go beyond the publication stage of the patent or they could use a repository such as www.priorartdatabase.com .

    Of course there are other options, patents with free (gratuit) licenses for example.

    Then if anyone tries to haul Apple into court they can either point at the publication of the patent doc or some other date-verifiable publication to prove they have prior art.

    The examiners job is not to produce 100% valid patents (which most companies probably don't want; democracy-s-mockery) but to produce patents that are _likely_ to be valid : the difference is a few hundred man-years of searching and high resources drain on the economy versus (at most) a couple of man-days of searching.

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    * defensive publication means producing the matter of an invention in such a way that the date of it's disclosure can be easily verified and preferably the disclosure can be readily accessed by patent searchers.

  303. who is going to patent A-Z on screen? by Anonymous Coward · · Score: 0

    then next time we are not going to type anything without paying a royalty!

    this is totally wrong! APPLE is evil! patent like this is terrorist act against the people around the world!

  304. A couple of questions, then... by hobbit · · Score: 1

    ...from the casual reader.

    1) Let's say my trade is burglary. Are the fruits of my labour my property? Some burglaries are not easy, you know. You don't think burglary is a trade? What about those burglaries the government organises, that it chooses not to call by name?

    2) If the fruits of my labour are my property, then my child is my property, and indeed you and I are both the property of the same individual if you go far enough back. Does this property right cease upon death? If so, what do you make of inheritance of more 'tangible' property?

    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    1. Re:A couple of questions, then... by Twirlip+of+the+Mists · · Score: 1

      Let's say my trade is burglary. Are the fruits of my labour my property?

      No, because your trade is unlawful. The fruits of your labor are, to use the standard expression, the fruits of a poisoned tree.

      If the fruits of my labour are my property, then my child is my property

      People aren't be property. No person can claim ownership of another person.

      --

      I write in my journal
    2. Re:A couple of questions, then... by hobbit · · Score: 1

      No, because your trade is unlawful.

      But you're not talking about the same law as determines 'natural rights' such as property here, are you? It's not as straightforward as you seem to think. Does homesteading count as 'labor'? Can I then take oil from 'my' land? Can I send the smoke into 'your' air?

      People aren't be property. No person can claim ownership of another person.

      So, it's not as simple as that something becomes your property when you have applied labor to it? What other 'special cases' are there?

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
  305. Oh, okay. by danielsfca2 · · Score: 1

    Okay then, that's all perfectly accurate. Sorry I swore at you. Just mistook you for one of those 30 billion "one button mouse" trolls for a moment there.

    You are very right that many great GUI concepts were invented elsewhere. It'd be silly to say they all came from Apple. The only claim I'd make about Apple is that they were the first to create a usable WIMP system, and provided the only usable such (usable) systems on the market from the Lisa's debut until 1995. (Sorry, Windows 3.x doesn't cut it. Compare it to DOS, and it's impressive, but compare it to System 7, its competitor on the Mac side, and it was a joke.)
    Anyway, that last paragraph was pretty much a tangent. Oops.

    So yes, while a lot of great stuff was and is co-opted from Mac OS, plenty was invented elsewhere too. Contextual menus are a good example.

  306. trillian has translucent windows by Anonymous Coward · · Score: 0

    Prior art? Perhaps.