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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.

33 of 845 comments (clear)

  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 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.

    4. 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.
    5. 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.

    6. 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.

    7. 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.

  2. 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...

  3. 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.

  4. 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).

  5. 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."

  6. 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

  7. 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
  8. 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.

  9. 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.

  10. 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.

  11. 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 /dev/trash · · Score: 3, Insightful

      The horse is already out of the barn. Closing the door now, just looks silly.

  12. 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 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.
    3. 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.)

    4. 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.

    5. 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?

    6. 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.
    7. 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...

    8. 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.

  13. 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.
  14. 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 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.

  15. 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.

  16. 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.