UK Firm Patents Software Downloads
spike1 writes "The Register has a story about BTG (British Technology Group) acquiring a patent on software downloads ... If this is one area of tech that's not covered by prior art, I don't know what is.
Although, the Reg doesn't include a link to the actual patents, out-law.com is also carrying the story and contains links to the patents, and looking at some of their patent synopses, it looks like it's a pretty broad brush."
Your web-broser is dowinloading SOFTWARE:
HERE IT IS:
10 PRINT "BILL GATES MAKES 3L33T PROGRAMMING LANGUAGES";
20 RUN
Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.
Let's entertain the notion that BTG get their way (this wouldn't surprise me anymore), the companies paying royalties would only pass these fees onto their users. Making this another reason for users not to patch, there should be part of patent law for patents that effect national security like this...then again if you're going to change patent law I can think of a few other things I'd change too...
I think the [MS Word] paperclip is a great idea. - Miguel de Icaza
BTG seem to be the worst sort of patent parasites, if we go by the "success stories" on their website. Here's an excerpt bragging about locking down the rights to Interferon, a vital anti-cancer drug developed by the UK Medical Research Council:
Because Dr Isaacs and Dr Lindenmann published their findings before any patent applications were filed, it was not possible for BTG to secure patents except in countries whose patent laws offered a 'grace period', namely USA, Canada and Germany.
BTG applied for a US patent for Interferon in 1958, and after a long struggle with the US Patent Office, was granted its patent in 1972. BTG signed licence agreements with three of the largest pharmaceutical companies of the time: Schering Plough, Hoffmann-La Roche and Wellcome. This paved the way for the development of the manufacturing process which would eventually take Interferon to market. The first sales of Interferon occurred before the expiry date of the patents and BTG generated over 3.8 million from the technology in just those few countries. The patents were relevant to Interferon as sold even though it had been produced by recombinant DNA technology, which had not yet been invented when Interferon was discovered. This justified BTG's 14-year-long persistence in pursuing the grant of patents on the original discovery.
that had the patent on hypercards a while back. When it got to the courts, they lost.
Further, isn't a patent supposed to present something that isn't just common sense? I can remember diagramming such a system as this on a whiteboard for a fellow programmer - in 1981! Can you say prior art?
Most of which I downloaded at least some software. Prior art indeed! What closet have the patent examiners been locked in for the last 30 years that they never heard of software downloading?
SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
syrinje
Quis custodiet ipsos custodes
See that long UID - that's what you get for lurking too long
> And it wasn't BTG that "patented" hyperlinks, it was BT, Britain's
> monopolist telephone company. A phone company that makes you pay by the
> second for local calls.
Almost every phone company outside of North America makes you pay by the second for local calls, and most of them are monopolists.
But having SIX different patents on downloading software? How does that make sense?
"he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
IIRC, didn't Symantec get a patent on this very idea a year ago, relating to it's LiveUpdate system, but promised not to enfore it? I mean, it was a stupid patent then, but apparently the bar is even lower now. Not only can you patent things you didn't invent and with plenty of prior art, you can patent stuff that's already been patented!
jX [ Make everything as simple as possible, but no simpler. - Einstein ]
... that the Web would be useful for installing software?
But now that these guys have shown us the way, we can all start doing it. It oughta be a lot faster than those punch cards that I'd been using.
Those who do study history are doomed to stand helplessly by while everyone else repeats it.
Do I have to take it out of cron now? If I put it in cron, but didn't write apt-get, am I exempt?
Yours Sincerely, Michael.
When we used tapes to load software on computers I heard it was possible to record tapes from the radio and then use (or upload if you will) those tapes onto your computer. Prior art may even go back all the way to downloading software from Radio.
THIS IS THE INTERNET. PLEASE PICK UP YOUR SERIOUS BUSINESS SUIT AT THE FRONT COUNTER.
Read The Flippin' Claims ...
3 19985&area=news) to the USPTO (http://patft.uspto.gov/netacgi/nph-Parser?Sect1=P TO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.ht m&r=1&f=G&l=50&s1=5,694,546.WKU.&OS=PN/5,694,546&R S=PN/5,694,546).
Patent monopolies are only as broad as the area defined by the claims. I only looked at the eldest patent via Outlaw (http://www.out-law.com/php/page.php?page_id=1087
The claim 1 (which is usually the broadest) specifies automatic download and uncompressing of files using a software component that can be embedded in an "vendor-provided containing information product". The embedded component also does all the dialup stuff and uses manifests to decide the file downloads.
The examiner appears to have been quite thorough, citing mirror-ing scripts for example.
So, it sounds alot like apt but as an embeddable component. The restrictions to "information file object[s]" is interesting as this appears to rule out executables. Also, if you use a pre-existing net connection (including a pre-dialled connection) it seems you are outside the claims. There's enough in the main claim (such as the requirement that it uses a "a communications network lacking a network file system" (there must be at least one NFS attached to the www, right?!)) means it's a pretty harmless claim.
Point at issue is that you can still be sued and it will probably be cheaper to pay for a license than to challenge in court!!
Investor: We decided to invest in Company 1 due to the unique Download patent they had.
Company 2: oh
1. upLoading 2. leftLoading 3.rightLoading 4. omniLoading
ofcourse with "download" as an old prior art.
From the article: The UK's Daily Telegraph, which broke the story, speculates that Microsoft - which delivers millions of security updates for its software over the Net - is one of the firms on BTG's hit list.
Since Microsoft is involved, I see 3 possible outcomes to this:
1) Microsoft challenges the patent and wins
2) Microsoft buys BTG and does not enforce the patent. Everyone lives happily ever after.
3) Microsoft buys BTG and milks the patents for all they are worth. Everyone looses.
If microsoft is forced to pay royalties, I have no doubt they will try to buy out BTG, and since BTG is not a software company, they will probaly not face many regulatory roadblocks. From the examples of patches and update downloads, possibly this only applies to automatic updates to things like windows or virus scanners. If MS does end up owning the patent, they will probly use it to put Symantic and co out of buisness, because they could then offer thier new antivirus product we've been hearing about at a lower price, and take a chunk of whatever symantic/mcafee still sells. Hopefully, this stupid patent will just be thrown out, and that whole mess can be avoided.
If you take a look at the second link and investigate the patents, you'll see it's really not as simple as 'downloading software'. Although it's plain to see that BTG are a bunch of immoral patent-grabbing bastards, it looks as though these particular patents might just be specific enough to circumvent your scorn. Maybe just.
Who have to read through so much BS, the patents have such complicated wording. There should be a rule stating:
"If your patent description exceeds X pages then it is not unique and important enough to benefit from the patent protection"
Quality not quantity! Make things clearer!
Does this patent 6,611,862 cover trojans?
I am Bennett Haselton! I am Bennett Haselton!
These are *pre-existing* US patents which they have *licensed*. They, themselves, have *not* patented these, they have paid money to the people who *did* patent them.
The real controversy here is their application of these patents: their business plan is that they will sue the pants off the largest corporations they can find that they can plausibly attest is violating "their" patent. This has been their modus operandi for awhile.
Ironically, they were originally set up by the government of Great Britain in 1948 to commercialize "publicly funded research". It seems that they have gotten a little off track, and should probably be reined it a little.
DNA is a Turing machine. You, however, being dynamic and emergent, are not.