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.

31 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 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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."

    8. 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.)

  2. 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.

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

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

    --
    To-do List: Receive telemarketing call during a tornado warning. Check.
  4. 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 :)

  5. 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.

  6. 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...

  7. 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 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.

  8. 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).

  9. 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?

  10. 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

  11. 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
  12. 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.'"
  13. 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.

  14. 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 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.
  15. 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.

  16. 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.
  17. 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.

  18. 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."

  19. 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