Slashdot Mirror


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.

149 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 Xhad · · Score: 2, Insightful

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

    6. 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.

    7. 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.

    8. 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
    9. 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.

    10. 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.

    11. 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
    12. 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

    13. 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.

    14. 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
    15. 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.

    16. 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...
    17. 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."

    18. 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.

    19. 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.)

    20. 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?
    21. 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.

    22. 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.

    23. 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...

    24. 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.
  2. 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.
  3. 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.

  4. Uh... by Anonymous Coward · · Score: 2, Informative

    Enlightenment?

  5. 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.

  6. 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 .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
  7. Hell... by dark404 · · Score: 2, Informative

    even EverQuest uses those in their current UI.

  8. 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.

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

    See MacSlash for more of them

  10. 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
  11. 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.
  12. 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 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
  13. 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.
  14. 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 ...

  15. 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."

  16. 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?
  17. 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 mindstormpt · · Score: 2, Informative

      fma uses time-dependent translucent windows. Enough?

    2. 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!
  18. 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?

  19. 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 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.

    2. 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.

    3. 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?

  20. 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).

  21. 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.
  22. 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.

  23. 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?

  24. 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

  25. 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.

  26. 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
  27. 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
  28. 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.

  29. 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 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.

    2. 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.
    3. 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
    4. 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).

  30. 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 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.

  31. 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.

  32. 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.
  33. 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!
  34. 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.

  35. 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.

  36. 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 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.
    5. 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.

    6. 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.
    7. 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.

    8. 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
    9. 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.

    10. 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"

    11. 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?

    12. 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.
    13. 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.
    14. 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.

    15. 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.

    16. 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.

    17. 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
    18. 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...

    19. 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...

    20. 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.

    21. 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.
  37. 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.

  38. 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.

  39. 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.
  40. 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.
  41. 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.

  42. 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.
  43. 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).

  44. 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.

  45. 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.

  46. 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.

  47. 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*

  48. 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)
  49. 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
  50. 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

  51. 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.
  52. 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 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.

  53. 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.

  54. 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?
  55. 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".
  56. Apple License's it patents by ad0gg · · Score: 2, Informative
    --

    Have you ever been to a turkish prison?

  57. 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.

  58. 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."

  59. 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
  60. 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

  61. 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
  62. 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.'"
  63. 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 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.
  64. 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
  65. 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.
  66. 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.

  67. Hey. by blair1q · · Score: 4, Funny


    Do you suppose Microsoft patented Transparent Government and that's why we can't have one?

  68. 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."

  69. 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.

  70. 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; }
  71. 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.

  72. 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

  73. 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.

  74. Project Looking Glass by Peartree · · Score: 2, Interesting

    I wonder if this will have an adverse effect on Sun's Project Looking Glass?

  75. 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?
  76. 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.

  77. Prior art by 42forty-two42 · · Score: 2, Interesting

    How about this? Or this? That took only about a minute of googling to find.