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Microsoft, Apple Sued Over Software Update Patent

mark_wilkins writes "Microsoft and Apple have been sued by Teleshuttle Technologies, LLC, alleging that their online software updating technology infringes a patent on providing online updates to software with a menuing system to permit the user to pick the updates. Apparently the work on which the patent is based supposedly goes back to 1990."

12 of 532 comments (clear)

  1. Gimme a billion dollars, I'm a genius, I swear. by The+I+Shing · · Score: 5, Insightful

    The link presented is what, a press release by the company doing the suing? That's a nice, unbiased viewpoint, there. I like how the "article" states "This move follows Microsoft's and Apple's delay in entering into licensing agreements with BTG on commercially reasonable terms." In other words, "we're suing them because they told us that we're full of crap and please get lost." I skimmed through the lengthy patent in question, and it's so insanely broad that I cannot imagine that it would survive a court battle with its claims intact. There's not one single mention of how any portion of the "technology" in question would actually do anything. It's just a description of how it would be used. It looks like someone patenting a type of car by claiming, "It has wheels, and it moves forward and backward and can be steered by a person or by some other type of steering control, give me a billion dollars right now, I'm a genius."

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    1. Re:Gimme a billion dollars, I'm a genius, I swear. by It'sYerMam · · Score: 4, Insightful
      What happened to that "non-obvious" part?

      Computers need updates. Obvious. There needs to be a way to display these updates. Obvious. This can be done in a moronic way: play an animation of all the products scrolling along on a conveyer belt, or sensibly: in a list. Also. Obvious.
      The computer doesn't need software it already has. Don't display it. Obvious.
      The list has to get from the remote machine to the local one. Obvious.
      The updates also have to be sent. Obvious.

      Claim 4 means an "Are you sure?" Dialog.

      I think I've justified what I'm going to cry in a few moments.
      ...
      ...
      BULLSHIT!

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  2. Patent system is messed up by superpulpsicle · · Score: 4, Insightful

    There are too many holes and gaps in the patent system. Everything is so vague you can patent a flying car... just on a plastic model alone with some BS blueprints.

    1. Re:Patent system is messed up by dgatwood · · Score: 4, Insightful
      And, more importantly, since it would have been patented previously, it would no longer be patentable, no matter how innovative. Thus, there is no incentive to ever design it. More proof that in a sufficiently modern society, patents tend to discourage innovation, rather than encourage it, but I digress.

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  3. Soooo by FrO · · Score: 5, Insightful

    What the hell are we supposed to do when this company seeks an injunction against Microsoft's Windows Update?

    lots of people will be royally f*cked...

  4. Patents and open source by Synn · · Score: 4, Insightful

    No doubt the "patent" also applies to various Linux distributions, but obviously they're not being sued because there's little money in them.

    With all the hubub over software patents being a danger to open source software, you have to wonder whether or not they're a bigger danger to commercial companies. After all, if you're going to sue someone you're going to go after a company with money. Even better if they're public, as you might be able to extort them into settling behind the scenes since a lawsuit might hurt their share prices.

  5. Summary by Luveno · · Score: 5, Insightful

    Mundane Concept = Mundane Concept

    Mundane Concept Online = Patent

  6. Re:Um, this is a decent patent by kisrael · · Score: 4, Insightful

    You're crazy.

    No one would have EVER thought of doing updates over a network if these guys hadn't shown the way.

    Just like I'm very grateful to the nice gentleman who explained I could mow the lawn with a kind of back and forth motion...I was on the verge of turning off my lawnmower, bringing it on my back to the other side, and then starting it up again.

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  7. Past damages? by yeremein · · Score: 5, Insightful
    The suit asks for unspecified damages for past infringing activity and an injunction against future use of the technology.

    This is ludicrous. BTG shouldn't be allowed to wait for ten years to enforce their patent, and then sue for past damages. If BTG were being damaged, BTG should have filed suit earlier. This is nothing but a shakedown.

    The good thing about it is that if Microsoft gets pissed off about submarine patents, they have the money and political influence to do something about it, like lobby Congress to reform patents. Unless, of course, the perceived benefits of their patent arsenal outweigh the occasional nuisance lawsuit.

  8. Re:Menuing system by Jaysyn · · Score: 5, Insightful

    Oh you mean a webpage with programs to download?

    Jaysyn

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  9. Re:Menuing system by dasmegabyte · · Score: 4, Insightful

    Those of us who have enough experience with gentoo to learn not to trust portage will probably have to worry. Emerge -up offers a "menu" of what's to be updated...

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    Hey freaks: now you're ju
  10. Re:Menuing system by FirstOne · · Score: 4, Insightful
    "This patent has to be struck down for being overly broad. It patents the entire idea of looking at information already on the local station and then downloading new stuff from a server. Surely USENET is prior art for this even though it wasn't specifically limited to software, and didn't automatically install the software."

    Agreed ... from RFC977, Brian Kantor (U.C. San Diego), Phil Lapsley (U.C. Berkeley) February 1986

    "NNTP specifies a protocol for the distribution, inquiry, retrieval, and posting of news articles using a reliable stream-based transmission of news among the ARPA-Internet community."

    Note: Usenet was not limited to TCP/IP. Before the internet was deployed we used modems, 800 numbers and uucp to transfer the article streams. The protocol allowed the receiving system to specify which newsgroups to fetch articles and updates from. Each server only fetched what it didn't have. And one shouldn't forget about the NNRP protocol used between server and clients which uses many of the same principles.

    B.T.W. In unix land we used CRON to automatically schedule NNTP/UUCP updates.

    Also from the RFC.."Such news provides for the rapid dissemination of items of interest such as software bug fixes,"

    As for menu based stuff.. Virtually all of the old text clients RN, Tin, NN news readers had curses driven menus (text of course). Xn and large number of other news readers cover the GUI arena. Heck, I've been using the Agent since 1995.

    The patent appears to have been filed in Apr 20, 2000.
    Microsoft had their windows 98 update feature deployed long before that date.
    I think that just about covers most of the Method and Apparatus claims.

    As usual, the USPTO has once again demonstrated it's gross incompetence.