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Microsoft Wants More Credit for Inventions

theodp writes "Bill Gates said Thursday that Microsoft expects to file 3,000 patent applications this year, up from a little over 2,000 last year and 1,000 just a few years ago. 'We think--patent for patent--what we are doing is, if anything, more important than what others are doing,' said Gates, perhaps referring to 'Organizing and displaying photographs based on time,' which the USPTO published just hours before Gates spoke."

422 comments

  1. And the best part of the article by jomas1 · · Score: 5, Insightful

    And the best part of the article:

    The link to this other article http://news.com.com/Apple+patented+by+Microsoft/21 00-1008_3-5205574.html?tag=nl

    "Apple patented by Microsoft

    Apparently, intellectual property does grow on trees.

    Microsoft, amid an IP spree that has won the company patent protection for everything from XML dialects to video game storage methods, mistakenly received a patent on Tuesday for a new variety of apple tree.

    U.S. Plant Patent 14,757, granted to Robert Burchinal of East Wenatchee, Wash., and assigned to Microsoft, covers a new type of tree discovered in the early 1990s in the Wenatchee area, a major commercial apple-growing region. Dubbed the "Burchinal Red Delicious," the tree is notable for producing fruit that achieves a deep red color significantly earlier than other varieties. It is sold commercially as the "Adams Apple."

    Yes I know the patent has been acknowledged as a mistake but it makes you wonder how many of these 3000 patents are going to be approved because someone got tired of paying attention to the fine print.

    1. Re:And the best part of the article by JPriest · · Score: 5, Funny

      Sorry jomas1, your post was kind of long so I didn't bother to read it all. But yes, your patent for first post is granted.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    2. Re:And the best part of the article by Krach42 · · Score: 2, Funny

      I actually think it's funny that Microsoft has the gaul to say that they are patent-for-patent more important than any other competitor. You know... except for IBM... which has more patents granted per year, than anyone else.

      (If I have my fact right. If I don't please feel free to slap me with a herring.)

      --

      I am unamerican, and proud of it!
    3. Re:And the best part of the article by Anonymous Coward · · Score: 4, Informative

      gaul = the area now known as France; a person therefrom.

      Gall = temerity, boldness; a type of bile.

    4. Re:And the best part of the article by Anonymous Coward · · Score: 0

      "Microsoft has the gall to say that they."

      "gaul" is patented by me (no 23452345) so, you know, C&D or ..else.

    5. Re:And the best part of the article by hunterx11 · · Score: 1
      Caesar's Commentaries is prior art.

      All your base are divided in three parts.

      --
      English is easier said than done.
    6. Re:And the best part of the article by crucini · · Score: 2, Funny

      Ironic, isn't it? It's like Joe claiming that pound-for-pound he's the best fighter in town, when in fact Bob is twice his size. Oh wait, it isn't ironic. That's what he meant.

    7. Re:And the best part of the article by gowen · · Score: 1
      All your base are divided in three parts.
      Clap clap clap clap clap. Bravo, sir.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    8. Re:And the best part of the article by Glib+Piglet · · Score: 2, Insightful
      This isn't news.

      Microsoft has already said it'll be spending north of seven billion dollars a year on its patent program. It's also beens settling old lawsuits and doing licensing deals like they're going out of fashion.

      If you don't have a licensing deal with Microsoft, you won't be able to write software.

      That's the gameplan.

    9. Re:And the best part of the article by Anonymous Coward · · Score: 0

      has the gaul to say

      "gall".

    10. Re:And the best part of the article by Krach42 · · Score: 1

      English is no longer my first spelling language. :)

      But thank you otherwise. :)

      --

      I am unamerican, and proud of it!
    11. Re:And the best part of the article by orangesquid · · Score: 1

      Microsoft has more bile than other competitors?

      No wonder something smelled nasty!

      Yum, emulsifiers!

      (to the tune of liz phair's "Hot White Cum")
      gimme your... corporate scum
      gimme your... "in-no-vation"
      gimme your... hot wet gall
      gimme your... closed-source fall.

      (or, at least, that's what i'm praying for ;)

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    12. Re:And the best part of the article by static0verdrive · · Score: 1

      I'm Afraid. How do we know they aren't going to look at a bunch of open-source kickass code and then patent it to use against FOSS in court?? Can we tell if they do this? I'm afraid.

      --
      ========
      77 77 77 2e 6d 65 6c 76 69 6e 73 2e 63 6f 6d
    13. Re:And the best part of the article by chris_mahan · · Score: 2, Interesting

      At first I saw a troll in all his glory.

      Then I asked myself to look at this as an exercise in business management.

      I saw that what the parent said just might be the long-term microsoft strategy.

      Think about it. You can go to wikipedia and see a ton of aircraft manufacturers over the years in nearly every country. Now, however, there are but a few, because the cost of entry (complexity of the aircrafts, security, licensing, and upfront costs) are staggering.

      The same thing applies to software.
      I love the ADO thingy, yet, it's microsoft-only, and I had to aquire a license (although free but with restrictions) in order to use it at all. The alternative is to use SQL statements, or use a different toolkit (like python's DB api).

      But I like ADO!, Why can't they allow me to use it to do what I want?

      The more inventions they "create" and protect with patents, the less I can do without living in the MS world.

      I say: Thow off the seductive velvety gautlet that garrots your neck ever so slowly and march in the mud to the land of the 'nix. Let the air you breathe and the software you write be free as the wind, so that eagles may soar in it. Let your shoulders grow wide and inviting for others to stand on without feeling violated by your "restrictive terms". Let there be freedom of expression, in thought, in writing, and in software, the very essence of the working mind laid out logically, plain to see by all.

      I fear for them who come after us, for they will look back on our generation and see pioneers who were swallowed up by corporate greed. They will see men of ingenuity who fell for the lies of the salesmen. They will ask themselves how millions of people smart enough to program computers could be stupid enough to believe that patents will protect, and copyright will grant rights. Patents and copyright protect only money, not ideas.

      When I hear that a {cr|h}acker has taken down some corporate system, I cannot stop myself from thinking about the minutemen who ambushed the British army columns near Boston. What were they thinking? That they could win against the best equipped, best trained, best funded military in the world? And for what? For this elusive idea that men are born free and equal? How was that going to stop the british musket fire? Well, it was human flesh that stopped british fire. And when that flesh had fallen off under the surgeon's knife or on the field of battle, another came to replace it, and another, until at last the odious and oppressive occupier had left the shores of our fair land.

      Software developers, unite! Let not the suits who sit smug in the salons sipping bourbon served by sultry waitresses in sequin dresses steal the fruit of your labor and make you slaves to their rapacious desires for wealth and power. Let them not pay you off with bribes of options and gifts of bonuses, knowing that they invade your very private thought and seek to own the very mind you now possess. Let them not own, throught legal wranglings and trappings, the means of your livelihood, the tools of your trade, the passion of your hears! For they will, in the Almighty Name of Profitability, reduce your contribution to mankind to a mere direct-deposited pittance.

      My fellow geeks and coders, men are alive in this world today who live in ease and comfort at our expense. We can let them continue to live off our hard work, or we can take back what's ours and let them get their own damn job.

      Sig Out!

      --

      "Piter, too, is dead."

    14. Re:And the best part of the article by Anonymous Coward · · Score: 0

      and gaul also means "have a hard on!"

  2. Photo Patent by dotwaffle · · Score: 3, Insightful

    Showing photos according to when they were taken? PRIOR ART!!! Photo developers have been doing this for ages, in software and on actual film! PhotoCD anyone???

    1. Re:Photo Patent by jrockway · · Score: 2, Funny

      Yeah, Nautilus has a "sort by date" option. Works for regular files too...

      X_X

      --
      My other car is first.
    2. Re:Photo Patent by darkewolf · · Score: 2, Informative

      Of course, upon reading the patent (gods they are boring to read) it says that the sorting is based on the following potential factors:

      • A image date stored in the image (unsure if jpeg does this now) as meta data
      • Extracting the date from an image (using a OCR type arrangement for those cameras that data stamp the visual part of the file)

      So technically, they have a valid patent. Unless of course the meta data already exists in common file formats to allow date information to be extracted.

      Sorting by system create/modify dates isn't really valid in this case. If, say, you cropped an image, maybe added a border, then the image either has a new modify date or a new create date (saved as another image). But assuming the meta-date is preserved it would work. Hmmmms.

      Damnit, I also sounded pro-MS there. Still it is a cool idea, and better than their apple.

      --
      "That is not dead which can eternal lie...."
      Nimheil
    3. Re:Photo Patent by k98sven · · Score: 3, Insightful

      Damnit, I also sounded pro-MS there.

      Only to Slashbots..

      Most of us understand the difference between acknowledging an idea as original and acknowledging that an idea as patentable.

      I think it sounds interesting too. But I certainly don't think it warrants MS having a monopoly on the idea and its implementations for the next 20 years.

    4. Re:Photo Patent by Anonymous Coward · · Score: 0

      Hell I just did this in Apple's iPhoto which I've had since it was version 1.0

    5. Re:Photo Patent by jallen02 · · Score: 3, Informative

      Check out ExIf data. Digital Cameras have been storing tons of meta data for years. Shutter Speed, Lens Speed, tons of other little things.... including date/time.

      Jeremy

    6. Re:Photo Patent by Huogo · · Score: 3, Informative

      Almost all digital camera store EXIF metadata in their jpegs, which contains, among other things, the date the picture was taken. It also contains things such as shutter speed, apature, and whether or not the flash was used. The full spec is available on exif.org here

    7. Re:Photo Patent by neko9 · · Score: 1

      EXIF stands for Exchangeable Image File Format, and is a standard for storing interchange information in image files, especially those using JPEG compression. Most digital cameras now use the EXIF format.

    8. Re:Photo Patent by pgnas · · Score: 2, Insightful

      I liken patents to innovation and microsoft would like it's customers to view them as innovative. I have participated in many surveys for them and this is important to their identity as a corporation.

      Is Microsoft innovative? at one time, not too much now. I would like to see a site completely dedicated to mapping out the timeline and the "features" that make up their software in an effort to demonstrate where their "innovations" actually come from (other innovative people), the answer is simple, they are masters at swallowing up innovation by others and integrating it into their flagship packages.

      Now, let's take a look at other packages where the y have simply bought the product, ie: Visio, Frontpage, etc..

      Microsoft will indeed continue to flourish, however, I think their innovation will flounder.

    9. Re:Photo Patent by MntlChaos · · Score: 1

      Actually, I think they're claiming displaying them in a calendar view. So pictures from 4th of July appear in that area, pictures from July 11th below those, etc.

    10. Re:Photo Patent by darkewolf · · Score: 1

      Ah yes, you are very right. Given I have a digital camera and on posting images to DevArt I have seen the EXIF metadata.

      I should have thought a bit more before I made my 'not sure if it does this already' comments.

      Oh well :)

      My thought stands, still unsure if anyone has done this organization scheme before based on the EXIF information. Although as suggested by others maybe iPhoto does it. The OCRish bit is kind of cool though.

      --
      "That is not dead which can eternal lie...."
      Nimheil
    11. Re:Photo Patent by el+cisne · · Score: 1

      "I would like to see a site completely dedicated to mapping out the timeline and the "features" that make up their software in an effort to demonstrate where their "innovations" actually come from (other innovative people), the answer is simple, they are masters at swallowing up innovation by others and integrating it into their flagship packages."

      It's not completely dedicated to the topic, but here's a good start at that :

      Microsoft Hall of Innovation>

      Here's a good start on a compendium of what they've innovated through buyouts and buyins :

      The (Nearly) Whole Microsoft Catalog

    12. Re:Photo Patent by Anonymous Coward · · Score: 0

      Ok, this patent was filed for today. Prior art for the patent follows (i actually read the stupid thing):
      Claim 4: further comprising displaying the photograph on a map at a position corresponding to a geographic location where the photograph was taken.
      Prior art: i don't even have to provide any here, to this crowd at least, but i will pull one in just for absolute proof. http://www.confluence.org/
      Claim 13: wherein the calendar page is associated with a selected month of a selected year.
      Prior art....
      Claim 14: wherein the calendar page includes multiple time slots, and the displaying of the photograph comprises displaying the photograph within a time slot associated with the time information.
      Prior art....

      Ok... personal opinion here
      When someone with little to no actual knowledge of an existing software package has the ability to replicate something should null and void it a patent on the aforementioned software package. I.e. if i 'invent' a method of putting a timestamp in an imagefile without knowing someone else has already done it... it should void the patent. Hold on, i just took a snapshot with my webcam... Oh wow, theres a time and date in the picture... now let me sort them by time and date... broke another patent... patents were designed for physical items that are hard to replicate. Software design can be replicated by a few thousand key presses... at no physical expense other than paying a programmer. That should not be patentable. The world needs to grow into computers, we can't have one company patenting things that we need to grow on. Ok slashdot lets all sit down and come up with abstract cool methods of displaying data. Oh and i will setup a server so you can post your ideas to null and void microsoft's future ideas. Oh wait... microsoft is sueing me, my database isn't admissible in court due to its ease of modification of the data, microsoft still gets the patents... sorry for the rant slashdot.

      But crap this pisses me off. If i ever became a terrorist, i would just want to terrorise microsoft employees (NOT THAT I WOULD, DISCLAIMER). I WOULD NEVER DO SUCH A THING. I PROMISE. I HATE THEM YES, BUT I ENJOY LIVING OUTSIDE THE BARS.

    13. Re:Photo Patent by Anonymous Coward · · Score: 0

      So, can I patent displaying photos on a 10-week calendar view? This patent is pure, unadulterated BS.

    14. Re:Photo Patent by Anonymous Coward · · Score: 0

      The USPTO not doing the most trivial research into prior art? The hell you say!

      USPTO should have a hold on all software patents until they actually dedicate ANY manpower into researching prior art.

    15. Re:Photo Patent by Anonymous Coward · · Score: 0

      It is all bullshit.

      Lawyers, patents, congress, SCO, WTO, RIAA, MPAA, all bullshit... We eat it daily and pay for it via taxes...

    16. Re:Photo Patent by danharan · · Score: 2, Insightful

      Taking the date out of the image itself is nifty, but I'm not sure it warrants a patent.

      As to the EXIF data... sorting based on date has been done before- and in fact, it's probably exactly for that type of thing that date information is stored there in the first place.

      --
      Information: "I want to be anthropomorphized"
    17. Re:Photo Patent by darkewolf · · Score: 1

      I agree it may not be validly patentable, but the idea is rather nifty :)

      Or maybe I have spend far too long playing with data manipulation so that I get facinated by it all too easily ;)

      --
      "That is not dead which can eternal lie...."
      Nimheil
    18. Re:Photo Patent by flacco · · Score: 2, Insightful
      Still it is a cool idea,

      your threshold for cool is extremely low then. i would classify it as a mildly interesting hack in the implementation, but absolutely not patentable, for fuck's sake.

      --
      pr0n - keeping monitor glass spotless since 1981.
    19. Re:Photo Patent by darkewolf · · Score: 1

      I suppose my expression of cool comes from a few extensions of the idea. The OCR bit is interesting (if automagickal), and was thinking about merging this concept with something akin to LJ, giving a person a continuous digital vanity service. I guess the coolness comes from working out the underlying reason behind why data occurs at a certain time. Oh well :)

      --
      "That is not dead which can eternal lie...."
      Nimheil
    20. Re:Photo Patent by Anonymous Coward · · Score: 0

      your mouth was made to suck my ass

    21. Re:Photo Patent by hpavc · · Score: 1

      need only look at the patent office's website that is hosting the listing of the patent ... 'patent application and image database'

      --
      members are seeing something, your seeing an ad
    22. Re:Photo Patent by JamesKPolk · · Score: 2, Insightful

      Why is that a valid patent?

      Isn't using OCR to extract text data an obvious application to an expert in the field?

    23. Re:Photo Patent by darkewolf · · Score: 1

      Never said it was a valid patent. Just think its a cool idea. Of course, the patent appears to cover using all these things together to make some sort of all journalling photo-catalog.

      --
      "That is not dead which can eternal lie...."
      Nimheil
    24. Re:Photo Patent by SpootFinallyRegister · · Score: 1

      date ordering information? yeah, its in there.

      DSC_0001.jpg comes before DSC_0002.jpg, etc.

    25. Re:Photo Patent by ViGe · · Score: 2, Informative

      Almost all digital camera store EXIF metadata in their jpegs, which contains, among other things, the date the picture was taken. It also contains things such as shutter speed, apature, and whether or not the flash was used. The full spec is available on exif.org here

      And from the patent claims:

      6. A method according to claim 5, wherein the digitally-encoded time information comprises information recorded according to an EXIF standard.

      I suppose this basically means that all our base are now belong to Microsoft.

      --
      It has to work - rfc1925
    26. Re:Photo Patent by Soruk · · Score: 1

      for X in `ls -lrt *.jpg`; do $IMG_VIEWER $X; done

      How far back in UNIX history could you do this?

      --
      -- Soruk
    27. Re:Photo Patent by Soruk · · Score: 1

      Oops. That should, of course, have been ls -rt not ls -lrt. *sigh*

      --
      -- Soruk
    28. Re:Photo Patent by FireFury03 · · Score: 1

      EXIF headers (used by practically every digital camera) store time and date information, amoungst other very useful data.

      Similarly you could sort by exposure settings, etc. if you really wanted.

      Nothing new here, move along.

    29. Re:Photo Patent by Anonymous Coward · · Score: 0

      My example of prior art predates CDs...

      DIR *.JPG/OD

      always worked for me.

      Mark (G) R

    30. Re:Photo Patent by grepistan · · Score: 1

      I think /. may have some kind of filter that adds random mistakes to any code examples posted... every single bloody snippet I ever post has some problem or other...

      --
      Real stupidity beats artificial intelligence every time.
      -- Terry Pratchett, Hogfather
    31. Re:Photo Patent by Anonymous Coward · · Score: 1, Funny

      "for fuck's sake"

      "Fuck" is a verb, you stupid fuck.

    32. Re:Photo Patent by Anonymous Coward · · Score: 0

      it's customers

      "its".

    33. Re:Photo Patent by Vreejack · · Score: 1

      I do this on Windows XP as a matter of course. Use the filmstrip or thumbnail viewer and sort by date. It is the default setting for my own photographs.

      The only thing unobvious about this patent was the idea of patenting it.

      --
      "Will future ages believe that such stupid bigotry ever existed!" -- Ivanhoe
    34. Re:Photo Patent by Flyboy+Connor · · Score: 1
      "So technically, they have a valid patent."

      Valid maybe, but all the same ridiculous. We all know that you can sort data. We all know that you can store data. We all know that you can sort using data fields. We have sorted on keys, on alphabetical order, on dates, on names, on what-have-you-not. And now Microsoft gets a patent on storing a specific type of information and then sorting on it. Where is the invention? Where is the non-obviousness? Where the hell is the USPTO's brain?

    35. Re:Photo Patent by Da_Weasel · · Score: 1

      Read the first paragraph of the Application before you post. It specifically patents this process based on date/time information being encoded in the picture. Not the file system date/time for the file, or any other method of storing the date time. It also specifies that the photos are arranged "presented on a calendar display".

      This means that if this application was accepted, you could still organize pictures cronilogically on a calendar so long as the date/time being used was _not_ encoded in the image data of the piture file.

      --
      If you must!
    36. Re:Photo Patent by Da_Weasel · · Score: 1

      Don't be stupid. Read the first paragraph application. Not that I agree with it, but its much more specific than you make it seem.

      --
      If you must!
    37. Re:Photo Patent by Da_Weasel · · Score: 1

      You do know that Window XP is made by Microsoft right? What was the point of your comment?

      --
      If you must!
    38. Re:Photo Patent by dotwaffle · · Score: 1

      Have you ever had a photo that has the date stamped into it? I have... I got rid of that camera because it annoyed me...

    39. Re:Photo Patent by Anonymous Coward · · Score: 0

      Yes. The software that came with my Nikon CoolPix camera had an application that managed photos based on this information. Amazingly enough, it was an Access application.

    40. Re:Photo Patent by jrockway · · Score: 1

      Don't be stupid? Viewing photo thumbnails by date is not "Organizing and displaying photographs based on time"?

      I see.

      --
      My other car is first.
    41. Re:Photo Patent by Alsee · · Score: 1

      Read the first paragraph application.

      No. The first paragraph is irrelevant. Though in this case yeah, the first paragraph is fairly close, only including a few trivial things that are not part of the basic patent. Even based on the first paragraph the patent would be just plain stupid.

      To see that what a patent has been granted on you have to look at the claims. In particular you need to look to claim number one. The rest of the claims may get more specific, but the additional claims are sort of like seperate sub-patents. It is claim number one is the basic or primary patent.

      So what were they really granted a patent on?
      We claim:
      1. In a computer system including a display device, a method for displaying photographs based on time, comprising: inputting data representing a photograph and storing the data as a photograph image file; identifying a manner in which the photograph image file stores time information; extracting the time information from the photograph image file using a technique appropriate to the identified manner in which the time information is stored, to produce extracted time information; adding the photograph to a time sequence based on the extracted time information; and displaying the photograph on the display device at a position representative of the chronological placement of the photograph within the time sequence.


      In plain English:
      A computer (with a screen!), storing photos on that computer, reading the date on the photos, putting the photos into date order, displaying the photos on the screen arranged in that order. Period. Full stop. End of primary patent.

      Yes, the patent is exactly as stupid as he makes it seem.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  3. Photoshop Album? by flimnap · · Score: 5, Informative

    Is it just me, or is the display of photos by time on a calendar exactly what Photoshop Album 1 did?

    Hurrah for innovation!

    1. Re:Photoshop Album? by Anonymous Coward · · Score: 0

      and it's totally fucking obvious.

      maybe they should patent an email client it's impossible to uninstall. click uninsall for outlook, and all it does is remove it from the list! it's still fucking there!

      it's a goddamn email client. that's it! I want it off my pc. fucker will not die! remove the files, they reappear! I've followed the instructions on the net, it still reappears! it will not go. it'
      s crap, it has nothing to do with the os, I hate everything about it, and it will not go. who owns my pc mr fucking Gates? clue is in the question.... come on.... clue for you....*my* pc...... got it yet mr gates!!>??!?!?!

      then get your fucking outlook shit off *my* pc, you stupid pudding-bowl haircutted cretin.

    2. Re:Photoshop Album? by System.out.println() · · Score: 1

      Why start with photoshop? As I recall, photos taken on good old film come to you sorted by date/time aken.... right? right?

      To be fair, I don't think that's what the patent refers to. If it *is*, then it's one of the sillier patents given.

    3. Re:Photoshop Album? by HermanAB · · Score: 1

      Well, photo calendars go back a long time. If anything, Pirelli can lay claim to photos with explicit geographic information organized by date and time...

      --
      Oh well, what the hell...
    4. Re:Photoshop Album? by lightknight · · Score: 1

      The sad part is, paired with Avalon, this patent app could (will) lead to infringement by MS on one of my patents. I'm being deathly serious about this.

      Aright, off to talk to the lawyer, and pick out what island I want ;).

      --
      I am John Hurt.
    5. Re:Photoshop Album? by flacco · · Score: 1
      Is it just me, or is the display of photos by time on a calendar exactly what Photoshop Album 1 did?

      and even if it didn't - displaying photos by time on a calendar is a motherfucking INVENTION??

      FOR THE LOVE OF GOD, STOP THE INSANITY!

      --
      pr0n - keeping monitor glass spotless since 1981.
    6. Re:Photoshop Album? by Anonymous Coward · · Score: 0

      whatever jerkoff. why do people have to make shit up like this?

    7. Re:Photoshop Album? by msl521 · · Score: 1

      I might have some prior art in my basement that pre-dates that. It's called a shoebox with pictures in the order they were taken.

      --
      The opinions expressed above are those off one side of my brain, the other side and my employer may not agree.
    8. Re:Photoshop Album? by Alsee · · Score: 1

      maybe they should patent an email client it's impossible to uninstall. click uninsall for outlook, and all it does is remove it from the list! it's still fucking there! ...[rant rant rant]... get your fucking outlook shit off *my* pc, you stupid pudding-bowl haircutted cretin

      Relax, relax, no need for all the obsenities. Once you realize Outlook is part of the operating system it's easy to remove.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  4. It's really a sad state of affairs... by rel4x · · Score: 3, Insightful

    when we relate/measure producitivity with patents...

    --

    Before you mod me funny, think, perhaps I was insightfully funny?
    1. Re:It's really a sad state of affairs... by black+mariah · · Score: 1

      It's been that way for decades. More inventions = more patents.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
  5. Why? by z0ink · · Score: 4, Insightful

    When will all of this be stopped? How can a company hold thousands of patents on software. Is anything that unique? What does it even matter, they are closed source. Nobody can steal code from them, but they can look at OSS and say "thats our idea."

    --
    Steal This Sig
    1. Re:Why? by dotwaffle · · Score: 1, Insightful

      I think it's about time patents were scrapped and replaced with something that benefits the people, not the corporations. A patent should help get a product started, not to stifle competition through licensing and royalties... Until recently I would have favoured the UK patent system, but with recent EU software patent crap... Who knows...

    2. Re:Why? by Anonymous Coward · · Score: 3, Insightful

      Nobody can steal code from them, but
      they can look at OSS and say "thats our idea."



      Yes, that's the general idea.



      But it's not a new idea. You're just now getting outraged about this because Microsoft is doing it? I'm sorry, but if you were not already outraged by this VERY COMMON PRACTICE then I have to question your motives.
      IBM does this all the time. IBM has patents on freaking everything, way more than Microsoft. You know what they use them for? A bludgeon, to beat smaller competitors down and threaten same-sized competitors with the legal version of Mutual Assured Destruction.
      I think it's horrible that software (a.k.a. business processes) are patentable at all in the US. But you've got to wonder what happens when Microsoft says "I'm sorry, we patented every aspect of the GUI--we demand royalties from every Linux vendor who uses a GUI". I think IBM may just respond with "Oh yeah? We've got a patent on filesystems. Let's deal." The good thing is that as long as IBM backs Linux, we have a measure of defense in a patent war. The bad news is that it is unwise to place your trust in IBM, or to think that IBM isn't jockying to become the only Linux vendor that DOESN'T have to pay massive royalties to Microsoft.



      In summary, the sky is falling. But it'll make a neat sound when it hits.

    3. Re:Why? by Anonymous Coward · · Score: 1, Insightful

      Please don't. Patents are not evil. If you patent a physical device, why should you not receive royalties if people use that idea for a limited time?

      There are the problems: WHAT can be patented and for HOW LONG? Patenting physical inventions is actually a good idea that encouraged R&D. The patent expiration process, like the copyright expiration process, ensures that protected ideas eventually enter the public domain so everyone can take advantage of them. Just make sure the term isn't too long.

      I'd be okay with software patents (and business process patents in general) if they expired in six months. That's something short enough not to be abusable but long enough that a tech firm could eke out an advantage over their competition during that time.

    4. Re:Why? by TheSpoom · · Score: 1
      1. Software companies buy senators.
      2. USPTO grants hundreds of thousands of patents that only have a use in litigation to large companies, at patenting prices that only large companies can afford.
      3. Large companies use patents to crush competition, non-profit or otherwise.
      4. PROFIT!
      No ??? necessary.
      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    5. Re:Why? by RockOutlaw · · Score: 0, Flamebait

      Yes, absolutely. The "people" must be protected from the evil machinations of "corporations."

      Tell me though, do you say anything else when someone pulls your string, or is that your only phrase?

    6. Re:Why? by Anonymous Coward · · Score: 0

      They are not all software patent. For example, Microsoft owns a patent on a "Butt Hinge". You can pretty much write your own joke with that one. I think they intended to use it in there new product, "Microsoft Doors".

    7. Re:Why? by dotwaffle · · Score: 1

      Six months would be fine. But look at copyright - that started off fine and is now completely fuzzed up. It needs RADICAL reform, and the sooner the better.

    8. Re:Why? by dotwaffle · · Score: 1

      Companies are fine, because they are a team of people doing their best. Corporations are evil because they are run by hierarchy, with no one man in control. Typically, they're run by lawyers and crappy practices. That may be a sweeping generalisation, but companies like Disney and Pfizer reall annoy me...

    9. Re:Why? by Anonymous Coward · · Score: 0

      why should you not receive royalties if people use that idea for a limited time?

      Because you are not deprived of the idea if they also use it? One of the defining characteristics of humans and a few other mostly closely related animals is that we learn by imitation. Patents are tyranny, a tax on being human. I'm against all patents, not just software patents.

    10. Re:Why? by Holi · · Score: 1

      I thought Pateents told you how to do something and had to be explicit enough that you could build it. Most of the software patents that I've seen describe an idea but in no way describe how to implement it.

      So saying using a do while loop to increment a counter to count records (ok major prior art I know) would be a valid patent. Saying a method of clicking a button to add an item to a shoppiung cart and check out would not.

      Shouldn't you have to describe in depth the method.

      Thats the problem with software patents, they are too much like trade secrets. I think if you want to patent software you should have to submit the actual source code as that is the method. If you would rather hide the source then you cannot patent it. and who cares if people see it you have a patent on it.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    11. Re:Why? by the+eric+conspiracy · · Score: 1

      explicit enough that you could build it

      The rule is that you have to describe it well enough so that somebody with ordinary skill in the art could build it.

      Saying a method of clicking a button to add an item to a shoppiung cart and check out would not.

      That's pretty ordinary skillish.

    12. Re:Why? by John+Courtland · · Score: 1

      Because, hopefully, in the long run, humans will finally realize that being a greedy shit won't help anyone?

      --
      Slashdot is proof that Sturgeon's Law applies to mankind.
    13. Re:Why? by suckmysav · · Score: 1

      "IBM does this all the time. IBM has patents on freaking everything, way more than Microsoft. "

      This is true. In fact, the same guy who originally set IBM on its path towards patenting world+dog, Marshall Phelps, now happens to work at a very large software company based in Redmond.

      --
      "You can't fight in here, this is the war room!"
    14. Re:Why? by Anonymous Coward · · Score: 0

      You're actually legally prohibited from including computer source code in patents, even software patents (!)- you have to describe the method in english. Presence of computer code invalidates the patent. The reasoning is convoluted and basically stupid, but boils down to (a) patent lawyers not understanding computer code and/or (b) understanding computer code but realising that in the case of computer code, the patent would then BE THE ACTUAL "THING" PATENTED* if software code were included, which would illustrate the intrinsic stupidity of software patents and stop the payola to the patent lawyers.

      * "In programming, a sufficiently detailed specification is the program".

    15. Re:Why? by Holi · · Score: 1

      So if there are 15 different ways to do it the on click patent covers them all?

      By your logic:

      "A device to turn the contained combustion of a volatile fuel to rotary motion " describes the internal combustion engine.

      Saying a method of clicking a button to add an item to a shoppiung cart and check out would not.

      That's pretty ordinary skillish.

      If thats pretty ordinary skillish then it is obvious and not patentable.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    16. Re:Why? by Holi · · Score: 1

      Ok then pseudo code should be used to describe a particular method.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    17. Re:Why? by nwbvt · · Score: 1

      Remember, getting the trained monkeys at the patent office to accept your application is different from getting a judge to actually enforce it.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    18. Re:Why? by the+eric+conspiracy · · Score: 1

      So if there are 15 different ways to do it the on click patent covers them all?

      You are not patenting the program code, but the process of adding an item to a cart. If the program code implements adding an item to the cart, yes, it is covered.

      If thats pretty ordinary skillish then it is obvious and not patentable.

      Be careful - you are confusing the patentable material and the unpatentable material.

      Lets take a look at another example - let's say I came up with an idea for a new fuel injector that gave better gas milage. I publish the drawings for the thing. The materials it is made out of are, let's say, a 316 stainless steel. I don't have to provide exact machining steps, where to get the iro for the steel, and all that other sort of technology that is already known, any more than I have to provide the source code to implement basic server side functionality such as maintaining a session. If, as a competitor I find that I can make the same injector out of steel made from iron dug up in Canada instead of the US, well too bad because the injector is what is patented.

      There is a principle associated with all this known as "rule of equivalents" which basically states that making changes to the implementation doesn't get you out from underneath the patent is you are recieving the benefit of the patent.

  6. the person... by Anonymous Coward · · Score: 3, Funny

    with the most lawyers always wins.
    rule # 1 kiddies - if you cant invent, buy more lawyers. and then claim you invented it.

  7. risible by pHatidic · · Score: 5, Funny

    If you've ever seen the movie High Fidelity the main character decides to organize his albums not by title or genre, but by autobiographical so that if he wanted to find an album he had to remember when he bought it. Well just for fun I decided to do the same thing with my porn collection using iPhoto. Now I can see how my tastes in porno have changed and grown more sophisticated over the last 7 years. And wow I was into some pretty kinky shit as a 12 year old.

    1. Re:risible by Anonymous Coward · · Score: 0

      Actually, I think that he he had to remember his state of mind when he bought it, not when he actually bought it.
      Could be wrong though.

    2. Re:risible by Anonymous Coward · · Score: 0
      • 2004: Jenna Jameson's "Just For Couples" Collection
      • 2003: Forskin Gump
      • 2002: Yank My Doodle Danky
      • 2001: May I Force It In You
      • 2000: Trans-el-Mania! They Don't Want to Suck Your Blood!
      • 1999: Cum Buttered Cornholes -- Director's Cut
      • 1998: Hairy, Hairy Beavers!
      • 1997: Puppy Love
    3. Re:risible by flacco · · Score: 5, Funny
      And wow I was into some pretty kinky shit as a 12 year old.

      you kids today are so spoiled by this internet thing. when I was 12, we had to FIND our porn, in the woods, faded and wet, and stained by a stranger's spooge.

      --
      pr0n - keeping monitor glass spotless since 1981.
    4. Re:risible by Anonymous Coward · · Score: 0

      whats sad is that is true ;-(

    5. Re:risible by oddbudman · · Score: 1

      What a spot on comment. i remember finding those random stashes down at my local park - "Mott Park".

    6. Re:risible by lowe0 · · Score: 1

      You needed porn when you were twelve?

      When I was twelve, breathing could've gotten me horny. When you've got a boner 24-7, do you really need anything to get you even more excited?

    7. Re:risible by antic · · Score: 1


      This post and your signature paint us a wonderful picture of you...

      Microsoft have maintained an awkward typo for a number of years. It should've been Start menu > Programs > Accessories > Pain

      --
      'Thats they exact same thing a banana wrench monkey.'
    8. Re:risible by wraith0x29a · · Score: 1

      Oh, that's where it went. Can I have it back now please.

      --
      ~ Better a freak than a sheep. ~
    9. Re:risible by Alsee · · Score: 1

      You think you had it bad? When *I* was 12 we had to find our porn on cave walls and hope that some stranger's spooge didn't smudge the paint too badly.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  8. Weak by Jim_Hawkins · · Score: 4, Insightful

    The only reason Microsoft is filing all these patents is because they want to get ahold on every freaken idea that anybody could *ever* come up with. That way, when someone else decides that they want to create something (AKA, create a new OpenSource project), they may just not be able to do it anymore.

    Also, Bill...hate to break it to you, buddy. But you're doing just what a ton of other people are doing every day. Get a grip on the ol' ego.

    I never had a real problem with MS before -- but this just takes them down quite a few notches. (About 3000 notches to be exact.)

    1. Re:Weak by cloudturtle · · Score: 1
      Wow. Just how many fsking notches does one have to have to become a "real problem"? I find it weird that the 1000 patents a few years ago, along with the 2000 last year didn't create a problem. But I understand your point, "Bill, 3000 is just way to fsking much. Better take it down to 2999. Got it?"

      All right people, move along. Just another irrationaly pissed off slashdotter here.

    2. Re:Weak by rsmith-mac · · Score: 1

      Or they could be doing it to keep from getting owned in court again by someone else, such as in the Eolas suit. Patents can work both ways, just just in offense.

    3. Re:Weak by cheekyboy · · Score: 2, Interesting

      I think the patent application fee should be based on your overall company values, so make it 1% of monthly company revenue per patent app. This would

      A) prevent massive applications by big guns
      B) make it cheaper for the little guy (isnt that who it is for?)
      C) provide the office with many extra funds to do patent apps to real inventors for tiny $100 fees.
      D) provide office with enough funds to study apps in more detail

      --
      Liberty freedom are no1, not dicks in suits.
    4. Re:Weak by tftp · · Score: 2, Insightful

      That would not be very useful. Any big company would immediately spin off a daughter company with zero revenue, and that company would own all the patents. The daughter company can be fully controlled by the parent company (by nature of owning all its stock, for example.)

    5. Re:Weak by Jim_Hawkins · · Score: 1

      Too bad I can't use my mod points on you. I think I'd say, "-1 Flamebait"

      If you want my honest opinion, I think Microsoft kicks ass in a lot of ways. Ever have a chance to visit their campus? Very slick stuff. Bill Gates -- it's amazing how much money this guy has, and he's still working hard. That's impressive. Heck, I was an avid Windows user until about 6 months ago.

      Anyway, the point I was really trying to make was that, Microsoft really gives off the impression that they're scrambling. If I was an investor in the company, I would not be pleased with Microsoft's Outlook (pun most definitely intended).

    6. Re:Weak by cloudturtle · · Score: 1
      Well, I guess i'm glad you can't use your mod points then.

      There is a big difference between the two points here, I hope you notice that. The first post was pissed off becuase MS was trying to patent too much stuff. My problem with the post was not that they were upset. My problem was that the poster picked some arbitrary number and then got pissed. Now the second post seems more logical (except the part about "-1 Flaimbait"). If a company all of a sudden jumps in to the patent game it can send the wrong signal to investors. On the otherhand, if i were an investor in a company with gazillions of dollars in the bank I might think they are just trying to capitalize on thier intellectual property.

      Either way, the point you were really trying to make bears absolutly no resemblance to the orignal point.

    7. Re:Weak by LiMikeTnux · · Score: 0

      Dear Slashdot user,

      It has been brought to our attention that you are using a rating system based on notches to portray a person place or thing (ie, a company). We hereby order you to cease and desist, we own the copyright to this system

      Your Best Friend,

      Microsoft

      --
      yap
    8. Re:Weak by Kris_J · · Score: 1

      I like the core of Windows as a common platform for development of hardware and software. I hate the bloat and I loath the licensing. I don't care how nice the campus looks, I just want a (fast, stable) product that does what I want without it somehow being a breach of some licence or other.

    9. Re:Weak by Ogerman · · Score: 2, Interesting

      The only reason Microsoft is filing all these patents is because they want to get ahold on every freaken idea that anybody could *ever* come up with. That way, when someone else decides that they want to create something (AKA, create a new OpenSource project), they may just not be able to do it anymore.

      This is more than likely the case. Even if the majority of the patents would never stand in court, they may be intended to cause a chilling effect. In a sense, it's not good that Slashdot is even reporting on this nonsense because it may be scaring away people who are on the fence.

      Our proper collective response, as the OSS community, is:

      1.) Make a huge push to get OSS solutions into the business marketplace. This will create allies and do the most to loosen the monopolists' grip. The best defense is a good offense. First step is perfecting OpenOffice. Second step is sweetening the Linux desktop with more specialized, professional business software. OSS as a movement has not reached critical mass where it truly begins to take over the industry. This needs to happen ASAP. Geeks, listen up: leave your silly vanity projects for now and get behind the solid projects that are making a real difference. Make OSS your career, not pasttime. We need more consultant-developers.

      2.) Start anti-software-patent prior-art databases where people can publicly brainstorm every possible advancement of the current software state of the art. This would have a two-fold benefit of making new ideas more visible and eliminating the most obnoxiously obvious patents.

    10. Re:Weak by Snaapy · · Score: 1

      Microsoft sees its own death in a decade, at least in the current form. Open source movement gains more pace at eventually will catch Microsoft marketshare. Microsoft is preparing for the upcoming battle by building a patent army. They don't have too many ways to fight against free products.

    11. Re:Weak by hashwolf · · Score: 1

      "Also, Bill... hate to break it to you, buddy. But you're doing just what a ton of other people are doing every day."

      I think Bill knows already. Bill also knows that you don't have enough money (relative to his stash) to contest against the USPTO decision.

      --
      - "They misunderestimated me."
    12. Re:Weak by GigsVT · · Score: 1

      leave your silly vanity projects for now and get behind the solid projects that are making a real difference

      Yeah that Linus guy should quit reinventing the wheel, we already had a perfectly good free open source unix clone.

      Seriously though, I agree with you except for that statement. We need people to persue whatever seemingly pointless Free Open source projects they want to. It's the shotgun approach to innovation, and it seems to work pretty well.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    13. Re:Weak by Ogerman · · Score: 1

      Yeah that Linus guy should quit reinventing the wheel, we already had a perfectly good free open source unix clone.

      We didn't before. If someone started a new kernel project today, it would be a vanity project because Linux and *BSD are well established and progressing nicely. At this time, there is more to gain by contributing to them than starting over.

      We need people to persue whatever seemingly pointless Free Open source projects they want to. It's the shotgun approach to innovation, and it seems to work pretty well.

      To a degree this is true. On the other hand, the Open Source community suffers from a case of too many leaders and not enough followers. The result is thousands of false-start projects that should have been contributions to existing, well-managed projects. So I'm not saying that people shouldn't start projects to try completely new things, but they need to do some research first to see if they're unnecessarily duplicating others efforts. Web-based project have probably been the worst offenders in this category. We simply don't need hundreds of CMS, blog, groupware, and picture album projects -- most of which are half baked and simply serve to muddy the water for those looking for a workable open source solution.

      The other issue here is priority. If people want to have silly free-time projects, they should first consider whether they're doing enough to further the mainstream of OSS. Consider the developer who, somewhat regretfully, spends their day writing proprietary code and then comes home and works on vanity OSS projects that don't really further the movement appreciably. Sadly, this probably represents the vast majority of the Slashdot crowd. Contrast this person to someone who works a day job, but has foresight and entrepreneurial ambition. When they come home, they contribute to established OSS projects that they feel they can base a business around if the software becomes mature enough. Or, if the software doesn't exist, they work on forming a professional community to develop it -- drawing as much as possible from existing codebases but innovating as required. In a few years, such a person is ready to leave their day job and really make a difference. We need more people who think like this.

      Professional Open Source is the future.

    14. Re:Weak by Jim_Hawkins · · Score: 1

      Either way, the point you were really trying to make bears absolutly no resemblance to the orignal point.

      [thinks about that]
      Heh...yeah...you're right. What can I say? I was just trying to type out something fast enough so that I could be the first post on Slashdot. (Obviously, it didn't work.) :-P

  9. And the work we are doing is not? by isolation · · Score: 0

    Dont get me wrong, Microsoft spends quite a lot of money on R&D but patenting a invention or in some cases the lack there-of is standard practice for any company. Microsoft should focus on Quality not Quantity.

    --
    Free Unix? Free Windows. http://www.reactos.com
  10. Yes, Microsoft are now playing the patent game by Anonymous Coward · · Score: 5, Insightful

    In their defense, they got hit by very absurd patent lawsuits. So now they want to grow fangs of their own. I don't blame them.

    I blame the stupid patent system and I'm very amazed and disappointed that Congress and the American people seems to think it's all good (or are oblivious to the problem).

    1. Re:Yes, Microsoft are now playing the patent game by SenatorOrrinHatch · · Score: 0

      The American people don't think about it at all. Neither do Congressmen, they just say what other people tell them. I wonder how many lobbyists slashdot and OSDN and FSF have, compared to say IBM or M$ or Cisco or dozens of others. Patents, like most laws, are good for the people who make them, not the people they are imposed on.

      --
      The Christian in me says it's wrong, but the corrections officer in me says, 'I love to make a grown man piss himself.'
    2. Re:Yes, Microsoft are now playing the patent game by Anonymous Coward · · Score: 0

      Look, I'm an inventor, so I know the patent system isn't always perfect. You need to look back at the published document above. It isn't a patent, it's a published patent application. All patent applications are published within a certain period of time, and all it means is that an inventor is trying to patent something, and it doesn't mean the USPTO will find it patentable.

    3. Re:Yes, Microsoft are now playing the patent game by Anonymous Coward · · Score: 0

      Heh, yeah, if only the American people just got off their asses and voted for a different patent system..

      Wait a sec, you mean they can't do that? WTF?! What kind of democracy is this?

    4. Re:Yes, Microsoft are now playing the patent game by Daniel+Ellard · · Score: 2, Funny
      ...they got hit by very absurd patent lawsuits. So now they want to grow fangs of their own.

      Oh, boy, an arms race. That always works out for the best... Nothing like Mutual Assured Lawsuits to foster inovation.

      p.s. I'm applying for copyright on the phrase "Mutual Assured Lawsuits."

      --
      Disclaimer: I work for a company, but I don't speak for them.
    5. Re:Yes, Microsoft are now playing the patent game by jayp00001 · · Score: 3, Insightful

      Yup, what does anyone expect? First /.ers were happy as a clam that Microsoft (previously ignored by the feds) took one up the tailpipe. Now that Microsoft's realized that they HAVE to play the game, and have decided to play it to win, folks are unhappy that the government is actually following the stupid rules that US citizens allowed, forgetting that the same stupid rules were some of the ones they were cheering for when they went against Microsoft.

    6. Re:Yes, Microsoft are now playing the patent game by Anonymous Coward · · Score: 0

      OK, so let me get this straight. They "got hit by very absurd patent lawsuits" which they should never have to worry about since the lawsuit was absurd to begin with. Instead of lobbying to fix the patent system (if anyone has money to lobby, it's Microsoft), they just make the patent system even worse.

    7. Re:Yes, Microsoft are now playing the patent game by Anonymous Coward · · Score: 0

      And if it is declaired not patentable, then the method is out in the public and it can not be patentd by anyone else either.

    8. Re:Yes, Microsoft are now playing the patent game by Anonymous Coward · · Score: 0

      Nobody, including the Mainstream media, are going to give a fuck until some shit hot idea gets implemented, garners widespread use, then gets tanked because some asswipe patented a deliberately obscured idea.

      Only when the *AA police come knocking at their door for their MP3 Players, CD burners and VCR's will the public even notice how atrocious the patent system is. Hell, they don't even know that their DNA is being patented behind their backs.

    9. Re:Yes, Microsoft are now playing the patent game by Ghostgate · · Score: 1

      I think people might have liked to see Microsoft get the shaft, but I don't think anyone here approved of the underlying system that did it.

      It's like if you're watching a baseball game, you might like it when a ball hit by the opposing side was called a foul ball when it was really a home run. But that doesn't mean that you don't care about the real rules and integrity of the game.

      The patent system needs to make some major changes when it comes to software patents. Plain and simple.

    10. Re:Yes, Microsoft are now playing the patent game by newend · · Score: 1

      You might want to try mutually assured lawsuits. You probably want your name on a document with correct grammer.

      (...now I just have to wait to find out what grammer I messed up...)

    11. Re:Yes, Microsoft are now playing the patent game by Anonymous Coward · · Score: 0

      And the scary thing is that part of the US/Australian trade agreement has australia bringing in US style IP laws! AND it's barely getting a mention here in the media!

    12. Re:Yes, Microsoft are now playing the patent game by Daniel+Ellard · · Score: 1
      "Mutual assured lawsuits" is a pun on mutual assured destruction (aka MAD), which was the cold war doctrine that if someone nukes us, we'll nuke them back. Nobody can win a nuclear war if both sides have nukes and thus it would be MAD to start one.

      If you want to be fussy, it should be "assured mutual destruction", but AMD just doesn't sound as crazy as MAD.

      --
      Disclaimer: I work for a company, but I don't speak for them.
  11. It's hard to swallow by Anonymous Coward · · Score: 5, Informative

    Microsoft really wouldn't be where it is today if software patents existed back when they started.

    http://lpf.ai.mit.edu/Patents/knuth-to-pto.txt

    They should have a little more respect for the name of Technology.

    1. Re:It's hard to swallow by Stevyn · · Score: 1

      Good point. I think they've realized that laws could change in the future so this is why they're patenting everything. The reason these patents are so unfair is because small companies can't possibly afford the legal expense to fight a possible microsoft's patent of "a good way of doing things with a keyboard on a sunny day."

      I don't mean to sound redundant, but that's the big problem with patents. Anyone can get them, it seems, but only the big shots can afford to fight and uphold them. In essense, they're buying the legal system.

    2. Re:It's hard to swallow by sgt_doom · · Score: 1

      Perfect comment - M$ has been on this patent diarrhea almost forever. Back around 1990 or so, they began patenting every speech made by their employees in public in case some new buzz word or phrase was used.

      And most definitely yes, if this patenting had begun much sooner, there would be no M$.

  12. Another blessing of offshore labor. by twitter · · Score: 2, Interesting
    The authors of the chronological picture presentation patent:

    Sun, Yan-Feng; (Beijing, CN) ; Zhang, Lei; (Beijing, CN) ; Li, Mingjing; (Beijing, CN) ; Zhang, Hong-Jiang; (Beijing, CN)

    They must have looked at the source code M$ sold the Chinese. Good thing M$ co-opted them or they would have had to put SCO on their case for stealing ideas. I'm going to barf.

    --

    Friends don't help friends install M$ junk.

    1. Re:Another blessing of offshore labor. by Anonymous Coward · · Score: 1, Interesting
      How is this modded interesting? They might be chinese but they're MSFT employees, they're not Chinese government bureaucrats looking at the Windows source code. And what does this have to with SCO??

      Why are you against offshore labor, or are you just racist? Chinese are also intelligent, capable people, you know?

    2. Re:Another blessing of offshore labor. by Anonymous Coward · · Score: 0

      Hacked by Chinese!!

    3. Re:Another blessing of offshore labor. by ravenwing_np · · Score: 2, Informative

      Microsoft Research China is where almost all of MSFT's multimedia researchers live. When competing in NIST's Video TREC, MSR China are the people who go. Granted, all the cool stuff comes from either IBM (New York), Berkerley, or CMU.

    4. Re:Another blessing of offshore labor. by jrockway · · Score: 1

      Why do all these people in China get idea-protection in the US? Can't they *gasp* get a Chinese patent instead?

      Or come work (and pay taxes) over here instead?

      (If you're an innovator, I have no idea why you would want to work in China anyway. Sounds like if you come up with something the government doesn't like your family mysteriously disappears one night.)

      --
      My other car is first.
  13. expect microsoft stock to go up.... by jms258 · · Score: 5, Funny

    once their patent on the blue screen of death goes through ...

    they will be getting payouts left and right for that ...

    it is by far the most ubiquitous of PC conventions that has ever been seen.

    1. Re:expect microsoft stock to go up.... by jcenters · · Score: 2, Insightful

      Who are they going to get payouts from? Themselves? Windows is the only OS I've ever seen with a blue screen of death.

      --

      vi ~/.emacs

    2. Re:expect microsoft stock to go up.... by jms258 · · Score: 0, Troll

      haha too late ... already got my karma points in the bank better luck next time!

    3. Re:expect microsoft stock to go up.... by KjetilK · · Score: 1

      Actually, I've heard that OSF1 BSODed once. But it is just rumours...

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
  14. Patent madness! All ideas MUST go!! by homeobocks · · Score: 4, Interesting

    As the old adage states, in its many forms, that the one thing ``they'' can't take away from you is knowledge. While true, Microsoft can still own it.

    --
    MOUNT TAPE U1439 ON B3, NO RING
  15. four people! by illerd · · Score: 5, Funny

    it took four people to come up with that!

    1. Re:four people! by Rob+Riggs · · Score: 1

      It took four people to come up with the idea that it was patentable. That's what was so fucking MS-Innovative(tm)!

      --
      the growth in cynicism and rebellion has not been without cause
    2. Re:four people! by Anonymous+Writer · · Score: 1

      it took four people to come up with that!

      I wonder how many Microsoft employees it takes to screw in a light bulb.

    3. Re:four people! by Anonymous Coward · · Score: 0

      None, they obviously work in the dark.

    4. Re:four people! by Anonymous Coward · · Score: 0

      I wonder how many Microsoft employees it takes to screw in a light bulb.

      they cant tell, all you should care is there's a light. and its much more secure if you dont know how they did.

  16. patently obvious by uncreativ · · Score: 5, Interesting

    I know this has been ranted about on slashdot, but why are patently obvious procedures patentable?

    I'd be curious if anyone can suggest a good rule for eliminating obvious patents. Perhaps a rule that states that a method which mimics electonically what is done by other means cannot itself justify issuing a patent.

    In the referrring patent, Microsoft pretty much has patented the procedure for looking at things with dates on them and sorting them in order of the date. Now, I understand if Microsoft patents the method they used to extract date information encoded into a photograph, but this patent is way too broad.

    1. Re:patently obvious by Anonymous Coward · · Score: 0

      I agree 100%. But there already is case law that says automating a known process isn't necessarily patentable (or something like that). Anyways, the link was to a patent application publication...this means it is NOT a patent, it just means somebody is trying to patent it. Hopefully the USPTO rejects it with easily found prior art.

    2. Re:patently obvious by Wolfbone · · Score: 3, Informative
      "I'd be curious if anyone can suggest a good rule for eliminating obvious patents."

      It's very simple: 'Software' ideas should never have been made patentable in the first place. Look at the monitor in front of you and ask yourself this: "Is this a general purpose electronic computer I see before me or is it just another consumer appliance?" Are you free to use it as the invention it was originally intended to be or have large corporations now almost managed to metamorphose it into just another consumer appliance - a box into which you may plug only the software products that they deign to supply? Are you free to programme it as it was meant to be programmed or are there daily more and more restrictions on what code you can type in? Is this an acceptable state of affairs - do novelists and musicians have to put up with this kind of 'ownership' of the ideas of their crafts? Could 'inventions' like this one and many others like it only have been made by expert software designers or could a child have done it - or a law firm? And don't even think about the usual: "Well there are some clever mathematical algorithms that deserve to be patentable" - no there are not, they are mathematical ideas and belong to mathematics, which in turn belongs to us all. How many times need it be repeated that software is properly and appropriately a copyright protectable area of endeavour?

    3. Re:patently obvious by Gribflex · · Score: 1

      Simple. This rule already exists.

      To be patentable, an idea must be original, useful and unobvious. If it does not fit all of these criteria, then it cannot be patented.

      Original is usually pretty useful to track down (prior art is used here a lot). And while useful is a little harder, I imagine that as long as you can prove someone would use it, it qualifies.

      Unobviousness is actually difficult. It must be unobvious to someone within that field - a mechanical engineer/car mechanic for auto-engines, a chemist for chemicals, a software engineer for software. But the problem is that most things are 'obvious' once they have been said (think of how many classes you've sat in where you keep thinking to yourself 'well, duh! of course that's true, and this guy won a nobel prize for that?').

      Additionally, it is difficult to address the issue of obviousness because many patent officers are not mechanics, chemists, or software engineers.

      The unobvious clause should take care of assinine patents like this one, but it doesn't because of the grey area with regards to what is obvious, and the fact that the patent officers do not have sufficient background within the field to judge the product accurately.

    4. Re:patently obvious by Anonymous Coward · · Score: 1, Informative
      why are patently obvious procedures patentable?
      basically because in 1994, the Clinton administration appointed Bruce Lehman, the chief lobbyist for the Software Publishing Industry, as Commissioner of the Patent and Trademark Office. Subsequently, in 1995, the USPTO started granting software patents for an extremely broad variety of circumstances, including those that are essentially algorithms only distantly connected to physical processes, even though the US Congress has never specifically legislated that software is patentable.
    5. Re:patently obvious by RickHunter · · Score: 1

      I know this has been ranted about on slashdot, but why are patently obvious procedures patentable?

      Want to know why? Check out this comment upthread, purportedly from a patent examiner. (But probably from a Microsoft or BSA employee) Patent examiners refuse to admit that anything's wrong, and big companies throw a lot of cash at them to make them continue to refuse.

    6. Re:patently obvious by Halo1 · · Score: 1
      but why are patently obvious procedures patentable?
      Simply because "obvious" means something entirely different in case of patent law than in real life. The most important for the patent offices is rules which can be applied systematically and similarly in different cases. They simply do not have time to discuss for hours with an expert on whether or not something might be obvious or not.

      Non-obviousness is more or less a synonym for "novelty" in patent speak. An often heard argument in that context is "if it weren't obvious, then why didn't someone else already think of it". Now how do you know whether someone else already thought of it? Again, you need some "objective" criterion, so they use the patent database, as well as written publications. They don't use published source code however, since it's not possible to datamine that efficiently (just think of how you could look through all programs out there whether one of those already uses a particular shader technique).

      So first of all, if something is not a litteral combination of prior art, it's considered novel and secondly a lot of prior art is simply not looked at (e.g. because it was so simple it may have been used a lot by programmers, but no-one ever in his right mind even thought about submitting an article about it to a conference or journal).

      Note that the problem of trivial patents is not even reserved to the field of software, there are tons of trivial patents in other fields as well. The patent system was simply never designed to stop trivial patents! However, it was taken for granted that the benefits of the "good" patents outweighed the bad effects of the "bad" patents.

      In case of software patents, this is even less likely, however. Some nice reading on the theoretical background on why software patents are so trivial (from a European point of view), can be found here.

      The bottom line is simply that the patent system is simply not fit for the monopolisation of advances in abstract logic/maths, also not when you perform them on a computer. It has little to do with whether or not the USPTO has a quality problem, although that obviously makes the situation even worse.

      --
      Donate free food here
    7. Re:patently obvious by Goo.cc · · Score: 1

      If I had to bet, I would bet that the patent office does not do any serious checking for prior art, outside of looking through what has been approved for a patent in the past. I believe that they do this because:

      1. They don't have the resources to seek prior art for every application.

      2. They need the application fees and they have an "approve first" policy since they also make money to review patents.

  17. Just an attempt to prevent another government suit by adcm · · Score: 2, Interesting

    You think the CIA can operate without software that manages photographs in a chronilogical order, how about the FBI.

    Next they'll be patenting the organization of paper. And, since they used Clippy, they'll claim a patent on paper clips which aren't in use.

    If the DOJ makes another move against them, MS countersues the government

  18. Isn't this known as a "movie"? by J053 · · Score: 2, Insightful

    'Organizing and displaying photographs based on time' surely has some prior art??!!

    1. Re:Isn't this known as a "movie"? by surprise_audit · · Score: 1

      Yeah. How about "ls -lt *.jpg"?? Woah! Patent infringement...

    2. Re:Isn't this known as a "movie"? by mlk · · Score: 1

      Where is the "depiction of a calendar", with "multiple time slots" or the "map at a position corresponding to a geographic location".
      Obvous, I'd say so, I think ADCee does the first.

      This one scares me "A computer-readable medium having computer-executable instructions for performing the method recited of claim 1.".
      Mmm, exec in pictures?! Virus heaven?

      --
      Wow, I should not post when knackered.
  19. Ignore, Ignore and Ignore...! by bogaboga · · Score: 2, Insightful

    Countries like China and Russia, that are powerful enough to stand up to the US, will simply ignore those so called patents and innovate. to better their peoples' lives. We in the "third world" will follow. The Chinese are already in space, don't you think they have "trampled" on some US patents? The world will move on one way or another...with or without M$ and its patents.

    1. Re:Ignore, Ignore and Ignore...! by Enaku · · Score: 1

      Where do you suppose "we" are?

    2. Re:Ignore, Ignore and Ignore...! by damerow · · Score: 1

      For a little irony, you should read the patent and look at the list of inventors.

      --
      I don't speak for my employer.
  20. What next? by Enaku · · Score: 1

    It appears Microsoft are intent on owning the rights to just about everything. Could it occur that in the future, one day M$oft could own the rights to anything you do in their programs? It's quite scary when you think about it. One day, a computer company could own everything, have the legal rights to everything without any liabilites, and maybe even pull us into a seudo-orwell society. Scary, but is it possible?

    1. Re:What next? by mikael · · Score: 1

      But of course, such patents would be free to use for developers of Windows applications, but charged a hefty license for developers using non-standard operating systems.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    2. Re:What next? by surprise_audit · · Score: 1
      a computer company could own everything, have the legal rights to everything without any liabilites

      So maybe that's the way to go to limit the patent feeding frenzy. Get some legislation (or bend something that already exists) to make software companies responsible for their implementations of patented software. OK, that wasn't worded very well, but you know what I mean - if they want any given patent to be enforceable they should accept liability for anything they implement that includes that patent.

    3. Re:What next? by ErichTheWebGuy · · Score: 1, Flamebait

      hey shut the fuck up u stupid nigger

      --
      bash: rtfm: command not found
    4. Re:What next? by Enaku · · Score: 0

      Flame bait indeed. I don't even know how to respond to that o.0

  21. Limits? by adam+mcmaster · · Score: 1

    Am I the only one who thinks there should be a yearly limit to the number of applications one company/person can file? 3000 seems excessive.

    1. Re:Limits? by ConceptJunkie · · Score: 1

      If patents were only granted for unique and non-obvious inventions, this wouldn't be a problem.

      --
      You are in a maze of twisty little passages, all alike.
  22. What about why they all expire? by natmsincome.com · · Score: 1

    I know it sucks at the moment, but what about when they all expire? Unless the extend the time of patents (which wouldn't suprise me) then all of this will be out of patents in about 15 years. Sure it's a while but from what I can see well have alot of patents for the next 5 years or so until most of the normal stuff has been patented then we'll wait for another 15 years then anyone can use them.

    In the short term it's annoying but in the long term it's not that big a deal.

    1. Re:What about why they all expire? by Tony · · Score: 3, Insightful

      In the short term it's annoying but in the long term it's not that big a deal.

      Are you insane? 15 years is a long, long time for computers. 15 years ago was 1989. That year, the 80486 was introduced. The web was two years off. Microsoft sales topped one billion dollars for the first time. The internet tops 100,000 hosts. IRC is introduced. Seymour Cray developed the Cray 3. MCI and Compuserve become the first corporations with email connections to the internet.

      See what I'm getting at? A "limited" monopoly can be harmful, not just annoying. Even dangerous, when you are talking about the future of the most flexible tool known to man-- knowledge.

      --
      Microsoft is to software what Budweiser is to beer.
    2. Re:What about why they all expire? by brendanoconnor · · Score: 2, Insightful

      It is the principle of the matter. The fact that it takes 15 years to expire is not the issue, but rather that common sense ideas are now owned.

      To make matters worse, all these common sense ideas will not be aviable for 15 years. Wow. That's insane. Who will care in 15 years? By that time it won't matter as things will have progressed so much.

      Everything that seems to happen in the IT industry happens overnight, and after as little as three months, its already to late.

      For Microsoft to do this as a business is just business sense. Why not do it? Does not hurt them to have it all. Sure it could hurt the company in the long run, but do you think the top executives really care about the long run? They care for maybe 10-15 years. Microsoft will not be gone in 15 years. I'm sure of that.

      So, to get back to the point of the parent, why should we have to wait 15 years to use common sense ideas that have been used many many many times before? We should be able to use them now. I bet Asia will be using them, as well as South American. Europe will be screwed like us, but I'm still hoping for them to get it right.

      Brendan

      p.s. I'm an American, and the patent system is insane.

    3. Re:What about why they all expire? by Anonymous Coward · · Score: 0

      If you consider 17 years to be "about 15 years", then yes, eventually all these ideas will be public domain. However, that probably a long time to wait if you are trying to start a software company NOW.

    4. Re:What about why they all expire? by nbert · · Score: 1
      then we'll wait for another 15 years then anyone can use them.

      Some patents might be of interest, but the first thing that comes to my mind thinking about 2034 is gnuclippy (please correct me if they don't have any clippy related patents).

      Looks like you want to login. Do you want me to:

      disable case sensivity

      guess the pass by running a brute force attack

      or do you want me to disable this annoying login procedure for all times - it's just an annoyance after all. [OK] [Cancel (I guess you don't like me anymore, Dave?]

    5. Re:What about why they all expire? by Anonymous Coward · · Score: 0

      Let's remember they can patent it again once it is expired like people do with copyright

  23. Hubris by sinnfeiner1916 · · Score: 1

    'we think what we are doing is more important than what others are doing' -- how god damned full of himself is this guy? and what is this 'we' shit anyway? has he done anything since checking the code on the Altair BASIC interpreter that one time?

    --
    The More Laws, the less Justice --Marcus Tullius Cicero
    1. Re:Hubris by sgt_doom · · Score: 1

      Most definitely. In 2000, Bill G bought up some Washington state politicians and caused the Bureau of Labor and Industry to pass a state ordinance putting a cap on the amount of money an independent contractor can make. I don't recall any cap on Bill G's billions!!!!!

    2. Re:Hubris by ConceptJunkie · · Score: 1

      From what I understand he's a major software architect for Microsoft. And since their architecture is complete garbage, leading to weekly exploits, because they've been shoehorning in security fixes for years because... it never occurred to them to build it in in the first place.

      --
      You are in a maze of twisty little passages, all alike.
  24. MOD PARENT UP by Anonymous Coward · · Score: 0

    I did not fully realize your joke at first until I re read the parent. You should be a patent judge

  25. In related news... by SteroidMan · · Score: 5, Funny

    Microsoft patents three finger salute. Whiny boy scouts claim prior art. Bill Gates derides scouts as religious cult, and threatens to sue the pimply freaks into oblivion.

    1. Re:In related news... by Lehk228 · · Score: 4, Funny

      which is easily worked around by using the one finger salute in it's place

      --
      Snowden and Manning are heroes.
    2. Re:In related news... by Anonymous Coward · · Score: 0

      That's funny. In the real world if you mess with the "Boy Scouts" you get shot, fatally. Believe me I am an Eagle Scout.

      Boy Scouts grow up to beome Man Scouts. Most shoot weapons at camp. So I wouldn't talk shit.

  26. Experience tells me... by Azureflare · · Score: 3, Funny
    That the patent also probably includes additional factors, like the exact velocity and angle at which you push your mouse across the table (or the angle and velocity with which you flick your ball for you trackballers out there), the phase of the moon in the lunar calendar, the current estimated life of the CMOS battery, as well as the number of keys you've pressed on the keyboard today, among others....

    Patents are a joke, and they need reform.

    1. Re:Experience tells me... by Anonymous Coward · · Score: 2, Insightful

      The published document from the article is NOT a U.S. Patent...it is a patent application publication. All applications for patent are published within 18 months of filing, and publishing the application doesn't mean the USPTO thinks the invention is patentable. It just means some inventor is trying to get an invention patented. The PTO has it's problems, but it's not THAT bad...

    2. Re:Experience tells me... by jrockway · · Score: 3, Insightful

      > Patents are a joke, and they need reform.

      You're right about this. Patents are a good idea, but leave it to big companies to fuck over whatever meaning they once had. Now I think it would be better for society (and specifically OSS people like me) to just do without them. Too bad for Apple if someone steals their (good) idea for spring loaded folders or the ipod's click wheel.

      It's like driving while using a cell phone. A few people can't do it, so now everyone suffers (i.e. a few people died, now it's illegal). M$ can't play nice, so everyone loses their privleges. Sad state of affairs, really.

      --
      My other car is first.
    3. Re:Experience tells me... by john82 · · Score: 4, Interesting

      I recognize your sarcasm, however reading the patent reveals that Microsoft lists GPS information repeatedly. There are several references to it in fact making the assumption that one day photos will incorporate, in their format or metadata, GPS data. At that point Microsoft will naturally assert that this new patent includes sorting by GPS as well.

      CONCLUSION

      [0072] Although the systems and methods have been described in language specific to structural features and/or procedures, it is to be understood that the invention defined in the appended claims is not necessarily limited to the specific features or procedures described. Rather, the specific features and procedures are disclosed as exemplary forms of implementing the claimed invention.


      If we let anything out, yeah we meant that too. All your ideas are belong to us.

    4. Re:Experience tells me... by Evil+Adrian · · Score: 0

      Did anyone ever stop to think that maybe they are patenting things so lawsuit-happy morons can't go and patent the same things and file suit later? In all likelihood Microsoft is covering their ass and protecting other people, not following a lawsuit-based business model...

      --
      evil adrian
    5. Re:Experience tells me... by Nyder · · Score: 1

      you don't think MS is the first? MS is just getting on the band wagon because so many other bad patents have been granted. They don't want to get left out in the dust if this actually stays binding. Hopefully, what it is, will be a wake up call for whoever regulates this stuff, if not, someone that knows about this stuff needs to start something to get it changed.

      --
      Be seeing you...
    6. Re:Experience tells me... by Anonymous Coward · · Score: 2, Insightful


      No one can drive well and talk on a cell phone. Some have died doing it and the rest are living on borrowed time. Just cause you are too stupid to relise this does not mean the rest of us have to be at risk.
      </offtopic>

    7. Re:Experience tells me... by cmacb · · Score: 1

      My guess is that this has something to do with their purchase of Visio. I got a briefing from Visio just before they were gobbled up and they were planning to introduce a package that would automatically make geographically correct drawings of your network using GPS data (which made the assumption that all your network equipment was GPS enabled).

      It was a "cute" idea. But like so many things that are patented, not the sort of things that we would like to consider an advancement of civilization. Maybe, in fact, this focus on taking credit for trivialities is evidence that our civilization has reached it's high water mark. Middle of last century we were learning to split the atom, put people on the moon, cure formerly incurable diseases. This century the focus will be on reverse threaded lightbulbs for left handed people. That's pretty much how important I see all PC related inventions (including everything Microsoft has done) as almost all of it was done for mainframes back in the 70's. Between IBM's existing patent portfolio and what they can show as prior art probably the only thing MS can claim as new is their enormous inventory of mitigating factors used to explain why the latest security flaw isn't likely to require a reformat of your hard drive.

    8. Re:Experience tells me... by Anonymous Coward · · Score: 1, Interesting

      Get thee behind me, ye friggin patent moron.

      How many times do we have to explain this to you? 10, 100, 1000?

      A patent claims WHAT IS IN THE CLAIMS. Nothing else.

      The best part is that you've picked the most generic portion of legalese that allmost all patent attorneys traditionally slap on the end of a description, like the breaking a bottle of bubbly on the bow of a ship, the "spirit of the invention" clause and variations thereof. This gets thrown on to the end of a desription as a not so subtle reminder to juges, juries, and patent noobes that the claims are the claims, the description is a description of a PREFERRED EMBODIMENT (i.e., an example) and Bob's your uncle, they're damn different things.

      I love Slashdot. Say something stupid about a computer and you're the goat, say something incredibly stupid about a patent and you're the hero. A bastion of intellectuals it is not.

    9. Re:Experience tells me... by baxissimo · · Score: 3, Interesting

      I hear this argument a lot. "We don't intend to enforce this patent -- it's just the current business climate that forces us to build up a huge patent profile".

      Maybe one way to start changing things is to make this type of "defensive" patent an explicitly separate type. Create a category of patents that it's not possibile to sue anyone for infringing, unless they sue you over IP first. And this provision would remain attached to the patent no matter who bought the rights.

      Then we'll see who really is just pattenting nonsense because they "have to."

      Of course it'll never work. No company is going to volutarily give up the power to sue the living daylights out of a competitor just because they can.

      On the other hand, maybe there could be some incentive for filing the "no-offense" type of patent, like shorter turn-around time or cheaper filing fees.

    10. Re:Experience tells me... by Anonymous Coward · · Score: 0

      Patents are a good idea, ...

      Evidence?

    11. Re:Experience tells me... by grozzie2 · · Score: 2, Insightful
      I recognize your sarcasm, however reading the patent reveals that Microsoft lists GPS information repeatedly.

      There is absolutely NOTHING new or innovative about sorting by either time or gps data. If you have been involved in the aerial photography at all for the last 20 years, then you've done this a LOT. Prior to the turn on of the GPS system, we used LORAN C systems to fly a track, taking photos. When gps came around, the military started using it for this purpose as soon as the system was turned on, industry followed suit as soon as the accuracy became available thru differential systems. I believe it was about 15 years ago when I first flew a camera platform that added time and location stamps to the photos as they were taken. Its at least 25 years ago since I saw one the first time. I strongly suspect the concept was patented back then, which means it would be expired by now..

      Not only is the concept OBVIOUS, there are mature commercial products on the market that have been doing this kind of stuff for 20+ years, using many systems, prior to availability of GPS. I've seen both LORAN and interial nav systems used as location data sources for camera platforms, prior to the availability of gps.

      I find it absolutely astounding that the USPTO will give out patents for concepts that have been in production for years. Do those idiots even read the applications anymore, or do they just collect the fees and issue patents for anything? this is one that I'm sure, the correct place to look for prior art is in the pile of EXPIRED patents issued by the USPTO.

    12. Re:Experience tells me... by Aussie · · Score: 1

      It's like driving while using a cell phone. A few people can't do it, so now everyone suffers

      I think the problem is most people think they can.
      When in fact it is a distraction and does slow driver responses.

    13. Re:Experience tells me... by Steven+Reddie · · Score: 1

      The optical character recognition part of the patent may be what they relied on for the "novel" part. It never occured to me to do this until I read their patent just now (but it's still not novel as anyone working on image sorting/archiving would have thought of the same thing).

    14. Re:Experience tells me... by TwistedSquare · · Score: 1

      Indeed, it's like saying "a few people can't drive well when drunk (some people died), so now no-one is allowed to". Driving while on the phone is a patently (apologies for the pun!) bad idea.

    15. Re:Experience tells me... by Halo1 · · Score: 1
      Too bad for Apple if someone steals their (good) idea for spring loaded folders or the ipod's click wheel.
      You cannot steal ideas (good nor bad ones). When someone monopolises a mere idea (e.g. through the use of a software patent), he's stealing from all other companies and society to boot. And FWIW, a patent on the the iPod's click wheel would not (necessarily) be a software patent. A patent on spring loaded folders definitely would be.

      And why is the monopolisation of ideas not allowed? Because patent law is not there to allow companies to maximise their ROI, but it's a deal between society and innovators. Society gets a description of how to build something, and in return the innovator gets a temporarily monopoly.

      One problem with software patents is however that more than half the time the given description could be gotten just as easily from looking at the innovation itself (e.g. spring loaded folders and all business method patents), so the company gets a monopoly for free and society gets screwed over.

      Some more info on the idea-innovation dichotomy can be found in this presentation.

      --
      Donate free food here
    16. Re:Experience tells me... by biodeo · · Score: 1

      I can't drive worth a crap on a cell phone, but then again, I'm of a dying breed that like control over the cars transmission. I can think of a couple of times where is I hadent reacted in time, another driver on a cell phone would have hit/run me off the road. Cell phones are alot like old people; they cause plenty of problems, they usualy just arent in the acuall accident. Not to mention that it's just fucking rude Mr. Self-Important. Anyone patent the act of driving with a cell?

      --
      I'll stop being cynical when the world allows
    17. Re:Experience tells me... by agbert · · Score: 1

      Sounds a lot like embeded EXIF data in JPEG to me. Why would M$ get a patent for something that is an accepted standard?

    18. Re:Experience tells me... by Anonymous Coward · · Score: 0

      Patents are a joke, and they need reform.

      Replace "Patents" with "The USPTO" and that sentence is 100% insightful.

      Remember patents are working perfectly well in most other parts of the world that implement them.

    19. Re:Experience tells me... by agbert · · Score: 1
      Everything you can think of doing with a computer has been done already.

      So why not just do it? Like sex and Nike shoes. I get the impression that you think just because someone has done it before that one shouldn't try it on their own. The strangest innovations come from cornerstones and pillars of experience laid down by those who wore the shoes before us.

    20. Re:Experience tells me... by Anonymous Coward · · Score: 0

      And why is the monopolisation of ideas not allowed? Because patent law is not there to allow companies to maximise their ROI, but it's a deal between society and innovators. Society gets a description of how to build something, and in return the innovator gets a temporarily monopoly.

      One problem with software patents is however that more than half the time the given description could be gotten just as easily from looking at the innovation itself (e.g. spring loaded folders and all business method patents), so the company gets a monopoly for free and society gets screwed over.


      Reading that, the idea comes to mind that perhaps the only appropriate form for a software patent would be source code. No source, no patent. Might that help, do you think? It would start giving society something again...

    21. Re:Experience tells me... by Anonymous Coward · · Score: 0

      our civilization has reached it's high water mark

      "its".

    22. Re:Experience tells me... by Anonymous Coward · · Score: 0

      I hear this argument from apologists all the time, if their were no software patents then this would be a none issue. So why are companies filing "defensive " software patents at a huge expense, instead of campaigning against them? It's a crock!

      BTW: RTFA!

    23. Re:Experience tells me... by Halo1 · · Score: 1
      Reading that, the idea comes to mind that perhaps the only appropriate form for a software patent would be source code. No source, no patent. Might that help, do you think? It would start giving society something again...
      Including source code would shift the balance indeed again a little more towards society (but both patent offices and patent lawyers are vehemently opposed to this, not sure why). However, it wouldn't automatically solve all the other problems with software patents.
      --
      Donate free food here
    24. Re:Experience tells me... by Oligonicella · · Score: 1

      "It's like driving while using a cell phone."

      It's nothing like that. Driving is a dangerous activity at best. And, dangerous for others, not just the driver. There should be no distractions allowed.

      It has been proven that distractions such as cell phone and even eating reduce the attention to driving.

      People DIE . It is nothing like patents. Jeez.

    25. Re:Experience tells me... by Da_Weasel · · Score: 1

      I don't think holding a phone in you hand has anything to do with it though. The majority of poeple unable to drive and talk are distracted by the conversation and not the phone in their hand. Hands free devices are not going to help. I bet the statistics for cell phone related accidents won't change a bit.

      Just because these idiots can't chew bubble gum and walk at the same time, doesn't mean I shouldn't be allowed to.

      --
      If you must!
    26. Re:Experience tells me... by Nurf · · Score: 1

      Maybe one way to start changing things is to make this type of "defensive" patent an explicitly separate type. Create a category of patents that it's not possibile to sue anyone for infringing, unless they sue you over IP first. And this provision would remain attached to the patent no matter who bought the rights.

      Oooh. I like this idea. I agree with you that it wont work, but it's an idea worth remembering. Maybe it could be used in some modified form one day.

      I had another idea that involved changing the rules slightly - when you get a patent, it has to be actively used in a product that is actually sold sometime in the last two years. Thus, if you don't use it, you lose it. This would at least get in the way of some of the more stupid submarine tactics.

      It makes sense to me that if you came up with a better way of doing something, and people are actively buying your product because of this, then perhaps you deserve to have some protection for your idea.

      Another idea that occurs to me is to make all patents available for licensing compulsorily. If someone has a patent, they have to license it to you. The trick then would be coming up with rules about the licensing terms so that both sides benefit, but it still sounds better to me than what we have today.

      Oh well.

      --
      ---
  27. My photo album is prior art. cira 1970+ by hashish · · Score: 1

    and my pc automatically sorts by date.

  28. hard to patent with zero original ideas by Indy1 · · Score: 1

    oh wait, they "innovate" by stealing everyone else's ideas. Maybe they will put out a patent on that.

    --
    Lawyers, MBA's, RIAA? A jedi fears not these things!
  29. Dear Bill, by nbert · · Score: 2, Funny

    I always knew your company is inventing superior things every day. I just wonder what kept MS from implementing any of them? Sincerely yours -

  30. see the patent in action by Anonymous Coward · · Score: 0

    Microsoft has a video of the app that uses this patent

    http://channel9.msdn.com/ShowPost.aspx?PostID=1427 5#14275

  31. Rules are different now by nurb432 · · Score: 3, Interesting

    Sure they wouldn't exist if software patents existed 30 years ago, but they now have domination of the market.. and they will stop at nothing to perpetuate their power and control... They could care less about the rest of the market's ability to grow...

    This is just another part of the long term strategy..

    --
    ---- Booth was a patriot ----
    1. Re:Rules are different now by cpghost · · Score: 1

      but they now have domination of the market..

      How many /.-ers are running Windows, either @home or @work? Right! As long as people keep dumping insane amounts of cash at MSFT, this madness will go on and on and on... Yawn!

      --
      cpghost at Cordula's Web.
  32. Extra cash for all by dourk · · Score: 2, Interesting

    I used to work closely with an engineer from FANUC, and he claimed (heresay now) they each employee had to apply for a new patent each year. And those that had one awarded were treated well.

    --
    Wake up.
    1. Re:Extra cash for all by Anonymous Coward · · Score: 0

      My company is like this. I work in Semiconductor manufacturing, and engineers here in our R&D have a patent quota.

      It's rather scary, really.

  33. why is this happening? by sinner0423 · · Score: 4, Insightful

    For those that are too lazy to RTFA, this is probably the most important part of it :

    The push for more patents comes as Microsoft is trying to boost the licensing of its intellectual property to other companies, an effort that began last year.

    That pretty much sums it up right there. Exactly what do these guys want? Being one of the largest, most proliferated company on the planet isn't enough, apparently.

    Don't think this is freaky yet? Check out this article and realize the strategic use of patents in influencing a market. They have all the money to do this too, which is the scariest part. Patents aren't about protection any more, it's about CONTROL.

    1. Re:why is this happening? by flacco · · Score: 1
      That pretty much sums it up right there. Exactly what do these guys want? Being one of the largest, most proliferated company on the planet isn't enough, apparently.

      Don't think this is freaky yet? Check out this article and realize the strategic use of patents in influencing a market. They have all the money to do this too, which is the scariest part. Patents aren't about protection any more, it's about CONTROL.

      you fucking COMMUNIST. don't you realize that questioning the concentration of virtually unlimited power in the hands of huge corporations puts you in the same category as that godless red Stalin, who KILLED a bunch of people?

      take your hippy class-warfare mentality somewhere else, like FRANCE!

      --
      pr0n - keeping monitor glass spotless since 1981.
    2. Re:why is this happening? by Pecisk · · Score: 1

      Wrong. Microsoft isn't largest company in the world, and it isn't largest IT company in the world. It is just biggest software wendor, and it impacts are more visible not because of bigness or whatever, but simply of Microsoft wanting to donimate. To rule.

      IBM is largest IT company, in fact. Twice income as Microsoft each year and Fourth times bigger if we count people.

      However, there is the difference - IBM has writen/unwritten law inside it that they not provide political contributions. They don't buy it.

      Just because they want to think they are big, it doesn't create any valid point to think so. They just want to influence people. That's why Microsoft PR is "we are everything".

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    3. Re:why is this happening? by Anonymous Coward · · Score: 0

      dumbasses like you flee from MS at every chance

      yet you also made DUBYA president, setting loose a genocidal murderer upon the world.

      One more strike ... and you get to be put away forever for fellony stupid!

      when were patents ever about protection? did you just open your eyes this morning? are you really so stupid as to think patents were ever for anything other than making money for the patent holder?

      OF COURSE MS wants to make money from the things they do!

      YOU DUMB FUCK! why shouldnt they? .. just because you can't deal with such a massive entity you think that no one else can either?

      damn! go home! go back to spending weeks trying to get anything truly functional to compile on your linux box while the rest of us are productive and sane! Leave us alone! you are tooo stupid to be here.

    4. Re:why is this happening? by Anonymous Coward · · Score: 0

      Try being productive when everything you try to do is covered by patents or hindered by DRM.

    5. Re:why is this happening? by Anonymous Coward · · Score: 0

      I think it is happening because it gives companies that are able to distribute billions of copies of one piece of code more control over other companies or individuals.

      The patent schema was invented when it was impossible to make such distribution (think once and sell billions of copies), but to think once and create one piece to sell one piece.

      I think the WORLD must RETHINK about patents.
      Meanwhile, let the FSF patent everything they can think about, even it is as common sense as .....

      Regards.

  34. First thing I thought of too... by gazoombo · · Score: 1

    The second was (after actually reading the entire patent), That's my idea!

    I had been working around some ideas to organize my photos by data and decided that the comment headers present on JPEGS and GIFS would be the perfect place for a date stamp. I was going to write some scripts to manage a library organized in this fashion when I realized that it wouldn't prove nearly as useful as I would have hoped unless the digital camera would store a date in the same way... I had mostly forgotten about it until I read this.

    Phooey.

    --
    John Hancock
  35. I quit by Anonymous Coward · · Score: 1, Insightful

    That's it. I'm changing majors. First all the jobs go to india, then MS decides they'll patent everything you could hope to develop anyway.

    why bother.

    fuck this shit.

    I'm gonna learn something else for a change.

  36. http://nimh.org/microsoft/ by Anonymous Coward · · Score: 2, Interesting

    'nuff said.

  37. Me thinks Mr Gates needs a hobby... by builderbob_nz · · Score: 1

    And I quotith:
    "We're at an early state on that but it is something that we are pretty excited (about)," Gates said,

    As I said in the subject, me thinks he needs a hobby. Getting excited over patents, now that is just plain concerning.

    --

    Karma? Hey I just call it as I see it.
  38. The title is misleading. by Transcendent · · Score: 2, Informative

    Although I don't endorse patent whording done by microsoft, the title for the patent is grosely misleading. It makes it sound like Microsoft just patented all motion pictures... but not quite.

    The patent application states:

    "For instance, the technique determines whether the time information is digitally encoded in the image file, or whether it is embedded within the image data itself. The technique next includes extracting the time information from the photograph image file using a technique appropriate to the identified manner in which the time information is stored, to produce extracted time information."

    Simply put, the pictures are organized and displayed in a manner according to data embedded in the image file itself... which is halfway innovative.

    Although pretty basic and easy to do on your own, it, I assume, can warrant a patent.

    1. Re:The title is misleading. by ewhac · · Score: 3, Informative
      Simply put, the pictures are organized and displayed in a manner according to data embedded in the image file itself... which is halfway innovative.

      No, it's not. They're simply scanning the EXIF headers (that is, after all, one of the things EXIF headers are for), and sorting on one of the fields in the header. There are about forty fields in an EXIF header; I suppose they're applying for forty more patents, one each for sorting on each field.

      That's Microsoft "innovation" for you.

      Schwab

    2. Re:The title is misleading. by Echo5ive · · Score: 2, Insightful

      My picture gallery sorts pictures by date embedded in the EXIF metadata of the picture, and has done so for years.

      --
      Leveling up builds character.
    3. Re:The title is misleading. by MobileC · · Score: 1

      Sounds like they're scanning the exif and possible looking for steg. data.

      --

      Fran
      :):):)
      1st 1st Poster of the new Millennium!

    4. Re:The title is misleading. by Rewd · · Score: 2, Informative

      This is already done EXACTLY as the patent describes in ACDsee. Check out their calendar browser.

      http://www.acdsystems.com/English/index.htm

  39. The only possible explanation by enginuitor · · Score: 2, Funny

    The only truly unique technology Microsoft ever invented is their secret algorithm that is able to generate errors in such a way that every user experiences at least one unique problem never seen by anyone else. Microsoft's software beats all others in this aspect. No other software can match the sheer randomness of the errors produced by Microsoft operating systems, which is why people are willing to pay hundreds of dollars more for it than they would have spent on otherwise superior Open-Source operating systems such as Linux.

    1. Re:The only possible explanation by One+Childish+N00b · · Score: 1

      That, and the uncanny ability to crash without knowing what's crashed or what crashed it, and then close one half of the problem when it STILL doesn't know what it is;

      " has caused an invalid page fault in , will now be closed."

      Ingenious.

      --
      Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
    2. Re:The only possible explanation by One+Childish+N00b · · Score: 1

      Ouch, that'll teach me to use the Preview button - it's supposed to say;

      "(unknown) has caused an invalid page fault in (unknown), (unknown) will now be closed."

      but then if Windows can understand it without knowing what it is... SO CAN YOU!

      --
      Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
  40. hate you by gnuLNX · · Score: 1

    "what we are doing is, if anything, more important than what others are doing"

    I hate you you egotistical fuck. If you could please just go crawl up under a pile of shit and die...perhaps your rotting fumes couwouldld provide some inspiration to others (us dumb folk) in the world.

    How dare you claim that what you are doing is more important that what others are doing. I hope you die. I mean I really really hope that you just drop dead somewhere you fucking peice of shit.

    --
    what?
    1. Re:hate you by 59Bassman · · Score: 1

      Am I the only one who finds the above post hilarious only because of the Ghandi sig at the end?

    2. Re:hate you by gnuLNX · · Score: 1

      Yeah...I sorta liked the contrast I put in there as well.

      **Note to self....when feeling anger and hate...remove Ghandi sig.**

      LOL

      cheers

      --
      what?
  41. The good news by bluGill · · Score: 1

    Patents still expire in about 20 years. unlike say copyrights that will last longer than you will. Like something that Microsoft has patented, you can safely put it in open source 20 years from now, a long time, but most of us will live 20 more years. (barring the end of the world or some such of course)

    So far Microsoft has just collected patents, generally only using them for defense. If the trend continues you might get by with using that Microsoft patented thing today since Microsoft doesn't really seem to care. I wouldn't because they might change at anytime, but history says you are likely to get away with it. Microsoft has threatened to start enforcing their patents, but so far nothing has come of it. (I can't recall any exceptions where Microsoft actually struck first, though they might exist)

    1. Re:The good news by 1010011010 · · Score: 1

      How about this?

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    2. Re:The good news by 1010011010 · · Score: 1

      THIS, being the link.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    3. Re:The good news by Wolfbone · · Score: 1
      "Patents still expire in about 20 years, unlike say copyrights that will last longer than you will".

      Copyrights don't prevent other people from expressing fundamental ideas and techniques in their own, independently created software. Copyrights don't stifle innovation in whole areas of research and development. Copyrights don't generate disincentive uncertainty. Copyrights don't encourage and enable monopolistic and unethical practices in business (not to the same extent anyway).

      Software idea patents do all those things and more and it is feared that Microsoft is only holding back on it's assault on free/open source software until they manage to extend software patentability to Europe - if they had already begun attacking, it would have severely damaged their chances of getting the legislation they seek.

    4. Re:The good news by Anonymous Coward · · Score: 0

      http://en.wikipedia.org/wiki/FAT#Versions_and_hist ory

      bvr.

  42. Ladies and gentlemen THIS by Anonymous Coward · · Score: 0

    is what will kill FOSS.

    One company, with literally BILLIONS of dollars and a war-chest full of patents, versus...redhat and a spattering of rag-tag "non-profit" organisations.

    Folks, we don't stand a fucking chance in HELL![1]

    [1]dispair void in laos and where-ever else USian laws are not enforced.

  43. Maybe its just me.... by LoRdTAW · · Score: 1

    But how can you patent a method of doing someting? If you think about it preparing and cooking scrambeld eggs has a method to it, could I patent that? If this patent orgy continues how long before OSS comes to a brick wall because every bloody idea, method, and algorithem etc... has been patented by a company with lots of cash and lawyers? Look at what happed to id software and Creative. The general public does not know what is happening and they will never know unless we educate them. And if we do educate them will they even care? And the patent office employees, do they even have to be certified to handle the patents that are presented to them?

    I understand the basic ideas behind patents but when they are taken to the limits like this it really shows just how flawed the system is. And if this madness keeps on going there will definatly be trouble in the future.

    1. Re:Maybe its just me.... by nbert · · Score: 1

      you could easily patent scrambled eggs, but when you try to take license fees someone will sue you. He would win if he can prove that scrambled eggs have been created before you "invented" it. It's a simple case of prior art.

    2. Re:Maybe its just me.... by jsommer · · Score: 1

      I don't really think we have much to worry about here. OSS hitting a brick wall because of a Microsoft patent would require Microsoft coming up with an idea that hasn't already been implemented by someone else...and from what I've seen, it's not likely.

  44. What about Apple iPhoto? by Anonymous Coward · · Score: 1, Informative

    Would I be right in thinking iPhoto automatically organises the 'photo library' based on data embedded in the photo in regards to the time and date the photo was taken?

    Would this be considered prior-art?

    1. Re:What about Apple iPhoto? by nazzdeq · · Score: 1

      Absolutely. That Microsoft patent ain't gonna fly. They have to stop issuing ridiculous patents like that in the first place. A patent for displaying photos based on time? That's fuckin' lame.

  45. Because the USPTO just doesn't get it by msobkow · · Score: 5, Insightful

    The USPTO is populated by people who don't grasp the fundamental concept that IT systems and programming are about abstract concepts applied to specific requirements. Object oriented programming, GUI event frameworks, network interfaces, RMI, RPC, XML, it's all about abstraction.

    The application of those abstract techniques and utilities to solving a particular business problem is not a patentable idea. It is a fundamental concept of the industry.

    We now have the USPTO not merely patenting business concepts, but architectural concepts and theoretical interfaces like the association of time with an image. It's absolutely insane -- they are allowing Microsoft to patent a naturally observable attribute of a real-world object. Everyone knows a picture has a time associated with it -- even portraits that were painted over the course of weeks are still associated with a fuzzy time value. How the hell can you possibly patent the idea of associating time with a picture, no matter what the media, formats, or protocols involved?

    Patent law itself states that you cannot patent a natural process, and the application of a general tool to a specific function is a natural process of computing.

    From this fundamental misunderstanding, we end up dealing with a patent system that allows a company like Amazon to patent the use of abstract behavior templates in regards to a real-world object, the shopping cart.

    That's just insane. You cannot patent something which any IT resource with a knack for abstraction can observe, and there are hundreds of thousands of such people. You cannot patent the idea that a car has a color, nor could you patent the idea of a picture of a car changing color each time you click on it. Yet some USPTO employee without a wit of sense or understanding of fundamental computing techniques and philosophies thinks that it's reasonable to think an abstract action like a mouse click associated with a catalog object is a patentable concept.

    It's nuts. It's just insane. The USPTO needs to distinguish between use of abstract concepts that are a natural part of computing, and genuine art in implementing general-purpose abstractions.

    No matter how disagreeable it might have been, the specifics of how a GIF image file is constructed and compressed is a patentable expression of an abstract image. So is any other image file format.

    But the idea that it is an image file, that it has attribute values such as author or creation date embedded in it, or that it has an associated set of attributes like creation date, storage size, etc. are not patentable concepts. They are just natural attributes of an abstract image.

    *sigh* We are truly doomed, not because of OSS or Microsoft or because the corps pay off the government so they can use the legal system and patent office as a business model. We are doomed because the people responsible for protecting the people from being fleeced by the con-artists don't have a freakin' clue how to recognize aggressive abuse of the legal and patent systems.

    Even when it is recognized, we have governments who are paid off by the corps who benefit from the abuse of the very social systems that are supposed to protect us from such abuse. Or do you think it was an accident that Microsoft's penalty for blatant illegal action was reduced to monitoring and a wrist slap, while IBM and AT&T had been broken up for far lesser offenses? Change of government, change of legislators who've been paid off, and the penalties go away.

    Thanks to a legal system that allows corps to drag things out long enough to buy themselves a change of law or government before a ruling or settlement are issued, and you have a system that is ripe for abuse, and the largest of predator corps are abusing it for every dollar they can hope to garner. Nor am I singling out Microsoft -- SCO, Enron, and dozens

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Because the USPTO just doesn't get it by RickHunter · · Score: 2, Funny

      And I know this stuff because yeah, I work at the USPTO.

      Then if you know the regulations that actually govern the job you claim to be qualified to hold, you should know that the grandparent post was claiming that current Patent office policy regarding software violates the existing laws about patenting natural processes and mathematical formulae.

      The fact that you don't know the regulations that govern your job gives weight to your assertion that you're a USPTO employee. Maybe, instead of claiming that there's nothing wrong with the system, you should be trying to fix it from the inside? Unless, of course, you're just astroturfing.

    2. Re:Because the USPTO just doesn't get it by jonabbey · · Score: 2, Interesting

      I'm sure I don't have to tell you that when a patent application arrives on an examiner's desk, the basic operating procedure is to assume up front that every last single claim of that application is going to be rejected. In fact, examiners are in the business of rejecting. Allowing a claim is an incredible exception that basically ONLY happens after months of communications with lawyers and excruciating analysis. To an examiner, allowing a claim is admitting defeat; but it can't be helped. Sometimes the factory makes a defect, sometimes you deploy software with a bug, sometimes a train crashes.

      Oh? What percentage of patent claims are rejected? How much investigation does USPTO do outside of the bounds of its own patent database in determining whether something is novel and non obvious? Patenting displaying pictures by date sounds like the real innovation is in being ballsy enough to file for monopoly protection on such an obvious technical design..

      As I understand the statistics, half of the patents that are contested are ultimately thrown out, at something like an average in $2 million in litigation costs by the contester. If half of the challenged patents don't stand up to scrutiny, is USPTO really doing appropriate due diligence in approving patents?

      Rather than ranting, I think we'd all love to hear some inside insights into these kinds of questions.

    3. Re:Because the USPTO just doesn't get it by Chris+L.+Mason · · Score: 1


      Unfortunately nothing is likely to change until people get fed up enough and start taking action into their own hands. I'm not American, but I do believe that is why you guys have the second amendment.

    4. Re:Because the USPTO just doesn't get it by Anonymous Coward · · Score: 0

      u r so ful uv shit the uspto iz a ruber-stamp organizashin that grants patents 2 ne 1 hu wantz 1

    5. Re:Because the USPTO just doesn't get it by Anonymous Coward · · Score: 0
      drag the examiner's ass and the USPTO to court

      So that means you are equally liable for court costs arising from awarding invalid patents, thanks for bringing this to my attention.

    6. Re:Because the USPTO just doesn't get it by Armchair+Dissident · · Score: 1
      Oh? What percentage of patent claims are rejected?

      5% according to the BBC. That's 5% of 350,000 applications submitted each year.

      --

      The ways of gods are mysteriously indistinguishable from chance.
    7. Re:Because the USPTO just doesn't get it by msobkow · · Score: 1

      I really don't care about your workload, your excuses, or the rest of your bile.

      If you really do "work" at the patent office, you aren't doing your job and I'm getting more than a little tired of the industry having to pay millions in court and legal fees for your perpetual fuckups.

      --
      I do not fail; I succeed at finding out what does not work.
    8. Re:Because the USPTO just doesn't get it by Anonymous Coward · · Score: 1, Informative
      Oh? What percentage of patent claims are rejected?

      Basically 100% of claims are rejected at least once. The basic procedure for an examiner to follow when an application hits his desk is to find some reason to reject every single claim.

      But then, applicants have attorneys. An examiner can't just reject something an say, "Ha ha." If an examiner makes his rejections final, the attorney can have that examiner dragged through the appeals process with the patent application, and at that point it affects the examiner's salary and promotion potential.

      Add to that the fact that the only REAL quality control that goes into an examiner's evaluation is whether or not his patents end up on the front pages of the news drawing fire at the USPTO. If he issued 99% of the patents that hit his desk and nobody in the media threw a fit over it, he did a passable job. Also, a rejected patent application = a good examination.

      Add to that the fact that examiners get a predetermined amount of time to examine ANY case. That is, you work in art unit X, you get 16 hours per case. Your next case might have 3 claims, it might have 390. It might be from some small business trying to innovate, it might be from Microsoft trying to control the world, it might be from some legal activist trying to trick you into issuing a bad patent, it might be some housewife who honestly invented some wonderful new device but wrote a bad application. THAT'S THE EXAMINER'S PROBLEM, he gets 16 hours to examine the case no matter what.

      Many people seem to forget that the USPTO does not create the rules or laws that govern issuing a patent; they follow them. Everybody at Slashdot thinks that he is the ultimate patent law armchair expert, but the fact is that most people here don't have an ounce of understanding of the process. It's easy for a bunch of geeks to sit around and say, "Sorting pictures by date is obvious, and [this program] did it in 1943! Dumb USPTO!" but try explaining that to the patent attorney who is representing his client and has the power to drag your ass into court if you don't give him a patent. It isn't the examiner's job to convince a Slashbot that this invention already existed, it is the examiner's job to convince a lawyer that it is a waste of his time to take it to court.

      So no, there probably isn't prior art. How do I know? Because when this application hit the examiner's desk, he wrote a rejection for every single claim. That's how the process works. Now, the examiner might have done a poor job (see above about hours per case and "quality" control.)

      As for searching Non-Patent Literature (NPL), a LOT of that goes on. Google, IEEE, ACM, and about 12 other databases are all standard procedure in my group. When it comes to the web, though, you have all sorts of date problems. Sure, WebsiteA has "prior" art for Patent Application B, but are you so damned sure of the date that you'll go to appeals court and swear on the Bible? Is the judge going to buy the date that "Microsoft Front Page Editor 3.0" installed on God-knows-what machine with God-knows-what hardware problems inserts in the HTML? A dead CMOS battery would toss your whole rejection in the trash can, and don't forget there is an attorney ready to rake your ass over the coals if he doesn't get his patent. A dead CMOS battery? If that's how you lose a patent application, you better believe your career is going to slow down a bit. It isn't about convincing yourself or the slashbots that it's prior art, it is convincing the patent attorney that it will waste his time to take it to court , which is an ENTIRELY different can of worms and something that basically nobody on Slashdot has managed to understand.

      Do shitty patents get granted? Yeah, and nobody is more upset about it than the examiner whose job it was to reject that patent. But the examiner can't do anything if it's a shitty application that actually follows the letter of the law, or if it's an obvi

    9. Re:Because the USPTO just doesn't get it by jonabbey · · Score: 1

      Very, thank you.

  46. Logic by FusionDragon2099 · · Score: 1

    Microsoft is more important because Microsoft has more money. And if you do not agree Microsoft can buy your life out from under you.

  47. Prior art--Isys Desktop by Anonymous Coward · · Score: 0

    The particular method of arranging image files described, including creation of mirroring text files, defaulting to sorting by file creation date if there's no mirroring text file, is a pretty exact description of what has been performed for many years, at least since the DOS 3.1X version of the Isys Desktop search engine, i.e., since 1991 when I first used it. And given how much development work Microsoft has been doing on local computer and network search engines, it's bloody unlikely Microsoft doesn't know about it.

  48. organizing based on time? feh. by Keck · · Score: 2, Funny

    'Organizing and displaying photographs based on time,'

    ls -ltr

    Bam.

    --
    A computer without Microsoft is like ice cream without ketchup.
  49. Cute, cute, cute by Mike+Hawk · · Score: 0

    Oh no, they made it to space. I sure hope they didn't infringe any American patents. Considering that the US put a person in space in 1960, and that US patents only last 20 years, I dont think anyone involved with the flight can really say anything if the Chinese stole those "secrets".

    Meanwhile in this pit of backwards technology, American PRIVATE CITIZENS are going to space.

    Once again, that little thing called reality gets in the way of the slashdot opinion.

    1. Re:Cute, cute, cute by Anonymous Coward · · Score: 0

      Yes, reality. How about the reality that the only private citizens who have been inspace were the ones who gave Russia enough money for a short stay on Mir. (note, I don't consider space to be very high altitude that's kinda like space, since you need a spacesuit, but not really space, because there's still plenty of atmosphere - SR-71 pilots are as much astronauts as the rest of the private citizens who've been in that "space")

      And gosh, who'd have thought that China would use 40-year old technology? Man, just THINK of all the vacuum tubes and transistors that make up their mission control. What? You mean they didn't use 40-year old technology there? Why, doesn't that mean that since they used up-to-date technology they might've infringed on some patents?

      Again, this little thing caused reality intrudes on your bubble. Sorry to burst it. I realize that you're a Bush supporter, so you're not used to reality...

  50. Credit? You Really Suck by bootedcat · · Score: 0

    I think Mr. Gates is eager to experience the taste of what Newton, Einstein, Turing, Bram Cohen have experienced. But without any major and substantial scientific/technological contribution, any attempt to this is unreal. Amount of patents doesn't tell anything; one single achievement like BitTorrent beat all words. If he's for money, there are more effective approaches to this...

  51. The proof is in the licensing by Ars-Fartsica · · Score: 3, Insightful

    Anyone can file a patent or seek protection of a technology. The question is - will people pay to license it? Look at IBM - research pays for this firm as they rake in massive licensing revenues every year. What does MS have that others will pay to license? Thats the rubber/road issue for any protected tech.

  52. so what he's saying is by commodoresloat · · Score: 3, Funny

    Microsoft patented France.

    1. Re:so what he's saying is by Bob+McCown · · Score: 4, Funny

      So, Microsoft is gonna surrender to Linux? Hooray!

    2. Re:so what he's saying is by goodydot · · Score: 1

      no...he's saying that Microsoft had the gall to patent France.

  53. no, limit the min fee. by cheekyboy · · Score: 1

    no, let them do 3000 or 5 million, but increase the price by 5% for each additional one, kind of a reverse bulk buy policy.

    --
    Liberty freedom are no1, not dicks in suits.
    1. Re:no, limit the min fee. by Anonymous Coward · · Score: 0

      no, let them do 3000 or 5 million, but increase the price by 5% for each additional one, kind of a reverse bulk buy policy.

      Interesting idea. I thought about calculating how much that would actually cost:

      Total Payment = Sum from n = 1 to 3000 of $200 * 1.05^n

      Now, what happens when n reaches 3000? Well, for one thing 1.05^3000 is about 3.7 x 10^63. Clearly long before n reaches 3000, there won't be enough money in the world to buy the patents.

      I like your system.

  54. Film cameras and embeded time stamp by Anonymous Coward · · Score: 0

    So now people will not be able to sort they pictures by looking at the stamp created by the camera? Or by the order in the film strip. Yeah, right, a pretty innovative thing. :-P

  55. This is not really true by Anonymous Coward · · Score: 1, Informative

    Microsoft was victimized by patent pirates. These are companies that selectivily aquite a patent not to produce products, but to litigate others. There is no defense against such things except a lot of money. Having patents yourself is meaningless in defending yourself from a patent pirate since they have no interest you can harm, no matter how many patents you have. So this is NOT the reason for Microsoft to choose to aquire patents at such a rate, often on rediculous things (like pronouns in computer languages for example).

    The second purpose of having patents is to defend yourself against others who have patents, However, to do so does not require a large portfolio, but rather a strategically placed one. For example, while IBM may have thousands of patents, a few dozen well placed patents could well be sufficient to hold an effective "balance of power" to assure mutual destruction through litigation and preliminary injunctions. Given even just a few dozen key patents and their large cash reserve, they could potentially outlast even IBM in a real patent deathmatch complete with freeze of business injunctions, or anyone else who has a large patent portfolio of their own and a real business as well to protect.

    The more likely answer is similar to why IBM aquired a patent portfolio, as a means to extract money from others in the marketplace. Given their business practices, it can also be used as a means for them to exclude others from the marketplace through cross license deals with existing players, a kind of old boy network via patents. But it has NOTHING to do with defence against others, don't get taken into the false claim of "poor microsoft the patent victum". If Microsoft really cared about protecting themselves, and others in the market, they would lobby for real patent reform to eliminate patent piracy rather than what they are currently doing which is itself just a lesser form of patent piracy.

  56. What are the odds... by ejbgrinder · · Score: 1

    What are the odds M$ will try to patent the newsbot service they just ripped off from Google?

  57. not exactly by commodoresloat · · Score: 2, Funny

    The lawyers always win. The person with the most lawyers comes in second place.

    1. Re:not exactly by the+eric+conspiracy · · Score: 1

      The lawyers always win. The person with the most lawyers comes in second place.

      You come in n+1 place where n is the number of lawyers. Note that n is rapidly increasing,

  58. Phelps, Marshall Phelps; MS Patent Czar by turtleshadow · · Score: 2, Interesting

    Microsoft aiming to build a portfolio of patents to licences is the product of Marshall Phelps, a very shrewd multiyear plan.

    Software programmers, mathematicians and IT architects are either going to have to sell their souls out for a few coins of silver (patent incentive) or stand up now and state that software patents are detrimental to society and only benefit corporation coffers in the long haul.

    Be very sure the only ones that truely benefit long term are the corporations.

    Sure the initial team gets a $1K each however the 20 year monopoly that a patent ensures the corporate inventor is showered with more than enough management poo.

    MS will patent stuff from workers who make $7/us an hour and make millions for 20 years -- that is the truth.

    Here's the best way to benefit society with software patents -- Write your governement official to move software patents to a new class of intellectual property which guarentees a slice of the 20year revenue -- to the inventors not the company.

    1. Re:Phelps, Marshall Phelps; MS Patent Czar by the+eric+conspiracy · · Score: 1

      Write your governement official to move software patents to a new class of intellectual property which guarentees a slice of the 20year revenue -- to the inventors not the company.

      THis is one I really agree with. Most other countries include a provision in their patent laws that requires that the inventor get some percentage if the patent really becomes lucrative. Of course that's only about 0.1% of all patents, but nonetheless it's a good idea.

  59. Hubris or temper tantrum? by whovian · · Score: 3, Funny

    "We think--patent for patent--what we are doing is, if anything, more important than what others are doing."

    Sounds to me somebody needs a hug?

    --
    To-do List: Receive telemarketing call during a tornado warning. Check.
    1. Re:Hubris or temper tantrum? by Alsee · · Score: 1

      Sounds to me somebody needs a hug?

      My 18 foot pet boa constrictor would be more than happy to help out Bill with that.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  60. Silly Patent by Bruha · · Score: 3, Informative

    I believe there's already prior art with digital encoding of information within a image. It's been done.

    1. Re:Silly Patent by russotto · · Score: 1

      Yes. Microsoft is patenting a process which already exists. Both geocoding and time-coding of images have been done for some time, and one of the explicit purposes of those codes is to allow for organizing images according to time or place. This patent is like seeing that there's JPEG out there, and patenting "a method for reducing the transmission time of images", said method being to JPEG-compress them first. It's that stupid.

    2. Re:Silly Patent by Alsee · · Score: 1

      Well duh! It's not a patent on encoding the date into the file. That would be dumb!

      It's a patent on reading the date, sorting by that date, and displaying them on screen in order!

      See? Now don't you feel foolish for calling it a silly patent?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  61. yeah it's no problem by commodoresloat · · Score: 3, Insightful

    I don't mind waiting fifteen years to organize my photo collection.

  62. Looks like Billy boy has IBM envy... by RabidPuppetHunter · · Score: 3, Insightful

    A quote from IBM: "For each of the past 11 years (1993 - 2003), IBM has been granted more U.S. patents than any other company. During that period IBM has received 25,772 US patents. In 2003, IBM received 3,415 U.S. patents, breaking the record it set previously for the most US patents received in a single year."

    Gotta admit thats kinda impressive...

    Microsoft may want to earn more respect now that they have started to share their $60+ billion war chest with their stock holders. Fair enough. But they can't earn my respect my just saying that they did 2,000 patents last year, and may do 3,000 this year -- so what? Lets see some sustained performance or at least publish their sustained historical performance...

    The question is can they deliver patents over the long haul... they already got the easy ones... Patent No. 6,748,582 (Microsoft's patents the "to-do list").

    I am forgetful but not yet impr,eTOEd...

  63. I got a Patent for ya. by oiper · · Score: 1

    This constant patent issue is horrifing. I want to patent the art of patenting retarded patents.

    --
    What do I have to do to get a sig around here?! www.bearscanfly.org
  64. let me spell it out for you. by twitter · · Score: 2, Funny
    A mindless AC asks:

    How is this modded interesting? They might be Chinese but they're MSFT employees, they're not Chinese government bureaucrats looking at the Windows source code. And what does this have to with SCO??

    So, I'm forced to explain myself.

    By using Chinese slave labor they can patent twice as much as they did before. If chronological picture presentation is an indication of the quality of the new patents, I'm afraid that M$ is not getting much for their money. Pity the USPTO does not see it that way and will now keep us all from writing programs that present photographs in chronological order by doing such obvious things as looking at the file date and image metadata. I mentioned SCO because they are also involved in a huge M$ IP theft scheme. The M$ motto is, what's mine is mine and what's yours is mine, sign the dotted line, bitch, you're mine! I submit.

    Got it yet? You will if you ever try to do anything for yourself and share it with your friends. By God, that would make you an IP thief because everyone knows that M$ make everything.

    Ugh, not even Big Brother was brazen enough to take credit for everything. He was able to claim the helicopter, but not the airplane.

    --

    Friends don't help friends install M$ junk.

    1. Re:let me spell it out for you. by Anonymous Coward · · Score: 0

      Ugh, not even Big Brother was brazen enough to take credit for everything. He was able to claim the helicopter, but not the airplane.

      I think that you'd better re-read 1984... the Party DID claim to have invented the aeroplane, which was one of the things that bothered Winston so much, as he could remember aeroplanes from before the revolution.

    2. Re:let me spell it out for you. by Anonymous Coward · · Score: 0

      I mentioned SCO because they are also involved in a huge M$ IP theft scheme.

      You mentioned SCO because you know the dumbass moderators will mod it up at the sight of seeing them anyway related to "M$". Stallman is getting pissed at you little boy, get back down and start sucking some more dick.

  65. Please grant MS a patent for... by carlmenezes · · Score: 3, Funny

    ...perfecting the technique of causing mass frustration stretching all the way from the individual consumer to entire governments through the release of buggy software and the use of questioable business practices to guarantee that the very same buggy software is used in place of better alternatives.

    --
    Find a job you like and you will never work a day in your life.
    1. Re:Please grant MS a patent for... by NanoGator · · Score: 1

      "..perfecting the technique of causing mass frustration stretching all the way from the individual consumer to entire governments through the release of buggy software"

      I got news for ya, bud, MS would easiliy have fallen flat on its face if people weren't getting things done with that 'buggy software'.

      --
      "Derp de derp."
    2. Re:Please grant MS a patent for... by Li0n · · Score: 3, Funny

      please do not attribute to adequacy what is actually product of intertia.

      --

      ~
      ~
      :wq
    3. Re:Please grant MS a patent for... by NanoGator · · Score: 1

      "please do not attribute to adequacy what is actually product of intertia."

      And exactly how would that intertia happen if the product didn't fulfill its purpose? Microsoft cannot magically make a monopoly out of everything it puts out. So to be successful, people actually have to like their product. Shocking, isn't it? Sure sounds like it's adequate somewhere, duddn't it?

      --
      "Derp de derp."
    4. Re:Please grant MS a patent for... by Li0n · · Score: 2, Interesting

      not necessarily

      they rode the wave at the right moment, that's for sure. There are many things that contributed to their intial momentum. For example the advances in creating cheapo x86 clones. Their agreements with OEMs from early on (IBM for example). People use whatever comes with the machine. The fact that apps such as WordPerfect and Lotus 123 ran on their system as well as popular computer games.

      Initially they did acceptable products, but after a while they started to crank out crap shamelessly (win98, 98se and me come to mind). This is the inertia I'm talking about. They've been riding the wave for almost 10 years now.

      --

      ~
      ~
      :wq
    5. Re:Please grant MS a patent for... by sotonboy · · Score: 1

      I think you missed the point.
      When microsoft got its system out it didnt have a purpose. They brought computing to the masses. They were in a position where they defined the purpose. And under copyright law, they were quite rightly awarded a monopoly on what they created. Unfortunately the original spirit of copyright law (to grant a LIMITED monopoly) has now been lost. So microsoft grew so large that unfortunately microsoft CAN make a monopoly from everything it puts out, and theres nothing magic about it.

      Its a real shame that copyright law evolved in this way, but its what you get when you remove the boundaries between big business and government.

    6. Re:Please grant MS a patent for... by Grrr · · Score: 1

      You're talking about the company which charged PC sellers for every unit they shipped - whether or not the OS was even installed on the unit. That's magically making a monopoly.

      Resisting those seller's attempts to offer other browsers or media players is catering to the inertia of the masses.

      I think you greatly underestimate how much business users have adapted their processes to the software. If expectations are lowered (repeatedly) it means a lot less to say it "fulfilled its purpose." And "adequate" - when despicable steps are taken to make sure the competitor's offerings won't even run on the OS - is sloppy seconds.

      <grrr>

    7. Re:Please grant MS a patent for... by dalyraptor · · Score: 1

      also grant this to linux

    8. Re:Please grant MS a patent for... by dalyraptor · · Score: 1

      you are taking microsoft for granted. how long did you expect people to wait for a better os? ten years on windows is still the easiest most intuitive and compatible. although I've only ever tried fed linux as an alternative, mounting file systems is a fecking pain in the ass, maybe it will grow on me?

    9. Re:Please grant MS a patent for... by Da_Weasel · · Score: 2, Interesting

      While I agree they used questionable tactics to get computer sellers to bundle windows, and penalized them for offering alternatives, this was not the sole reason for their dominance. Visual Basic, as sucky as it might be, made graphical development so easy that any idiot could make an application for windows. More application = more users, regardless of their quality. For Microsoft is always been about market saturation.

      Have you ever noticed that certain products have such incredible market saturation that the brand name become synonymous with general product. I.E.
      South East U.S.:
      soda (carbonated drink) is often referred to as Coke.
      NYC Area:
      Ice Tea in a bottle often referred to as Snapple even when talking about another brand.

      This is what MS is going for but worldwide.

      --
      If you must!
    10. Re:Please grant MS a patent for... by ObiWanKenblowme · · Score: 1

      ...ten years on windows is still the easiest most intuitive and compatible. although I've only ever tried fed linux as an alternative...

      Hooray for unsubstantiated claims! If you've only ever tried one alternative, how do you know Windows is still the easiest most intuitive and compatible OS? It could be that it's easiest to use for you because you've been using it and not another product. Or it could be that it's actually not the easiest to use, you just haven't tried enough alternatives to know.

      --
      Obvious exits are NORTH, SOUTH, and DENNIS.
    11. Re:Please grant MS a patent for... by Anonymous Coward · · Score: 0

      How about granting MS a patent for an automated system of turning simple, commonsense ideas into intellectual property?

      For instance, someone at Redmond might come back from the photomat and find one of their photos strangely out of order. A light bulb goes off: "these should be in order!" The system then churns out a generic patent application, which is automatically granted.

      On that note, how about a patent for a system of automatically granting patents? It would basically work like those programs which Universities are using to catch plagiarism. Compare the text to a database of previously-granted patents, and as long as the work seems original, a patent is issued.

    12. Re:Please grant MS a patent for... by The+Conductor · · Score: 1

      How short people's memories are. I would claim that Windows was never the best offering in the OS market. Win 3.1 was bettered by GEM, Win 95 by NexStep, and recent versions by Linux. Windows acheived its dominance, then and now, by MS's control of the distribution channel, something they inherited from the days of DOS and have jealously guarded ever since. It ease of use and compatibility are a result of being pre-installed on most machines, not the result of any "innovation". In other words, the only reason Windows is as good as it is, is because Dell, HP, etc. work so hard to make it that way.

      Its pricipal technical merit is not sucking so bad that people dump their pre-installs pay money for something else.

    13. Re:Please grant MS a patent for... by jedidiah · · Score: 1

      It's original purpose was to run Lotus 123.

      The fact that it could fullfill that purpose says nothing about it's suitability or fitness today or even for any other purpose 15 years ago.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    14. Re:Please grant MS a patent for... by jedidiah · · Score: 1

      Macintosh has always been better. It was better 10 years ago and it was better 10 years before that.

      The same goes for BeOS, OS/2, GEM, Desqview & DR-DOS.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    15. Re:Please grant MS a patent for... by jedidiah · · Score: 1

      > They brought computing to the masses.

      Nope. Apple had done this 4 years earlier.

      This is why IBM even had any notion that it had to produce a microcomputer. Microsoft simply came along for the ride.

      Under your timeline: IBM "brought computing to the masses".

      --
      A Pirate and a Puritan look the same on a balance sheet.
    16. Re:Please grant MS a patent for... by dalyraptor · · Score: 1

      true true, it is unsubstantiated by my experience (as i did mention, didn't think you would have to really point the that out tho) but what about windows popularity?

      you can go on about the business tactics bla bla, but surely microsoft would not have had the leverage on the big pc makers if they themselves were confident in the ability of other os's (im sure the guys at Dell, HP, etc were clued into what software was available at the time)

      tell u where im comming from. i recently tried out fed linux, pain in the ass. the average home pc user would have given up. setting up raid was a biatch, but thats not linux fault. i then had to install the nvidia drivers through command line cause the gui was all fuzzy. pain in the ass first time, can do it again easy but most people dont want to have to do it at all.

      so is microsofts plug and play the best around or what? i've been impressed with xp, eveything is straightforeward, whereas with linux everything is a struggle, first time i used windows95 it was far more obivous than fed linux is now.

      as for the mac, i hear they are v good

    17. Re:Please grant MS a patent for... by hesiod · · Score: 1

      > Ice Tea in a bottle often referred to as Snapple even when talking about another brand.

      I always thought New Yorkers were complete morons. Now I have proof...

    18. Re:Please grant MS a patent for... by Anonymous Coward · · Score: 0

      Please type out words correctly. It iz annoyin' to read stuf lyk-it. But that is just my opin'on tho.

    19. Re:Please grant MS a patent for... by Anonymous Coward · · Score: 0

      Microsoft is awesome! They should patent their balls!

    20. Re:Please grant MS a patent for... by The+Conductor · · Score: 1

      you can go on about the business tactics bla bla, but surely microsoft would not have had the leverage on the big pc makers if they themselves were confident in the ability of other os's (im sure the guys at Dell, HP, etc were clued into what software was available at the time)

      The hardware makers were beholden to MS because they needed MS-DOS. Want MS-DOS? Not allowed to pre-install GEM. (This is what everyone complains about.) By the time DR-DOS came along in the 90's Windows had become nearly universal and no one was writing aftermarket software for DOS anymore. (The DOS clones destroyed MS in the embedded PC market, though.) Now all the hardware makers are beholden to MS for Windows. IBM had a less restricted license to MS-DOS and for a while they fought it out with OS/2. But IBM lost because their hardware wasn't competitive, and they didn't market OS/2 effectively (they should have licnesed it for free the first few years). It didn't help that pre-2.2 versions of OS/2 weren't much better than contemporary versions of Windows. This was the golden age of MS astroturfing: MS shills, posing as BIX and Canopus users, promoted the MS API and dissed OS/2 among develpers, and got away with it.

      If the PC makers were really smart, they would have formed an industry consortium in the 80's to reverse-engineer DOS, propose improvements, and maybe license ehancements on RAND terms on condition of open source code. But they abrogated this responsibility to MS now we all are paying the price.

      As far as struggling with installs, all operating system installs can be difficult. The difference is that, when you buy a new PC, a team of 5 specialists at Dell spent 2 weeks getting Win to install correctly. With Linux you are on your own or have to buy support separately. My experience with installs is that Windows either works or it doesn't; if it doesn't you either need to download something from the hardware maker, or buy new hardware (or more software). You never spend much time struggling with an install but you may end up spending money, or not getting what you want. Linux installs run into problems more often, but when you do, they are easier to fix. Even major roadblocks won't stop you if you invest enough time; you can keep peeling the onion back, troubleshooting and configuring and then it almost always works.

      I'm not going to say Linux is best for everyone, or even that Windows doesn't have some technical strong points vis-a-vis Linux. You have to choose (as with any tool) based on your needs. Windows is fine if you want to get working quickly, and security and long-term data retention are not major concerns. Linux looks better when you consider the long term; it can be pain to get it just right, but you only have to install once, then the benefits of its versatility, security, etc. pay off year after year. I have seen this called the "Newtonian" property: difficult to get moving, but unstoppable once started.

      Plug-n-play is similar to the install experience. When it works, it is bone-head easy. When it doesn't, you have to buy new hardware. Sometimes a device will install but not behave the way you want. Suppose you want wireless 802.11b to seek out a connection only when the ethernet can't connect, for example. With Win you pretty much get what they give you, or have to find some aftermarket software to do what you want. Linux is easier to customize here, but it has to expose the underlying workings in order to make things customizable, so the install will necessarily be more complicated.

      Mac sorta falls in between Windows and Linux. You get a group of experts to install it for you (like Windows), and its Unix nature allows you to "peel the onion" when necessary (like Linux). But being a minority in the market gives it some Linucoid problems; many aftermarket accessories & services assume you run Windows, for example. And non-free software gives it some Windoid problems; unwanted upgrades can be forced on you, for example.

      This post went on longer than I planned...I'll stop typing now.

    21. Re:Please grant MS a patent for... by rickshaf · · Score: 1

      "the very same buggy software"....

      Actually, in 1997, Microsoft patented "horse & buggy software"! You'll likely be getting a call from Bill's lawyers....

    22. Re:Please grant MS a patent for... by dalyraptor · · Score: 1

      hehe, yea was a bit long but informative. i still reckon that you have to give microsoft credit for building an os that so many computer illiterate could begin to use. they have contributed greatly to the os market.

      can you say that if all the other os's had the same numbers of users and hackers they wouldnt be comming out with patches too? microsoft is addressing security from what i read, and next os will be a big improvement. you may think too late but i need to stop typing now and go.

    23. Re:Please grant MS a patent for... by The+Conductor · · Score: 1

      Well, if you ask me for Bill Gates' & Microsoft's Great Contribution to the World, I would say it boils down to
      a) Recognizing that software publishing differs from book publishing.
      b) Knowing that, in the early days of the PC's it was more important for "platform" software (OS, programming languages, etc) to be cheap, universal, & early to market, rather than high-quality & bug-free.

      Factor (a) is obvious to everyone now, of course. But it's easy to forget that, in the early 80's, the assumption was that most PC software would be sold at retail stores, stocked on shelves displaying descriptive boxes. Even the box-shipping software discounters were somewhat revolutionary: No one bought books that way. We now know, of course, that retail stores get stuck with outdated versions, complicating inventory mangement. Similarly, it took a long time for the industry to grok the shareware model; conventional wisdom didn't forsee Phil Katz' shareware PKZIP crushing the established SEA's ARC, even after SEA forced Phil Katz to use an incompatible format.

      On factor (b), it is easy to forget that, 20 years ago, a typical PC user's thirst for featureful software would often cost as much as the hardware. GEM was better than Win3.1 by a mile, but it cost $80, while the OEM paid less than half that for Win. Wordperfect typically cost $250, and 123 amost as much. Microsoft's bundling practices spread the costs out (& reduced the incentive for piracy) and arguably avoided duplication of effort in the industry.

      What has changed is that, as the amount of software out there has accumulated, the thirst has been mostly slaked, and most current work on desktop software is either custom, or adapting to new platforms, protocols etc. As the industry matured, Microsoft's bundling and upgrading practices have changed from constructive (by avoiding duplication of effort) to destructive (a profusion of undocumented and incompatible features, formats & protocols).

      If, say, Gary Kildall lived and Bill Gates died, the state of the industry would probably be better today, but it would have taken longer and costed more to get here. So reasonable people can disagree whether, in toto, Microsoft's actions were a net positive contribution to the state of the art. But speaking today it is sort of irrelevant, it is plain to any informed person that today they are a net drag on the state of the art. They have been handsomely rewarded for their efforts already; the legal regime that allows them to continue to extract monopoly profits is a weakness in current public policy.

      On security, we don't have to imagine what a windows-free world would look like; that was the state of the Arpanet/Internet in 1988 when the Robert Morris Worm broke out. The difference is
      (a) Few then took seriously the threat of a worm (who would bother?)
      (b) The Unix world quickly changed its practices and Unix-hosted worms have been comparatively rare ever since.
      Microsoft has less of an excuse because they introduced vulnerable network features when the threat of worms was common knowledge. Linux is more secure not just because of its minority presence (though that helps) but also:
      (a) Open source code reduces the number of security bugs.
      (b) Secure design doesn't have to compete with an interest to lock-in customers with a profusion of poorly-tested features.
      (c) Security through diversity. The open architecture permits diverse configurations, reducing the impact of any one security bug. A bug in sendmail, for example, won't affect Exim users.

      There I went with another long post again...

  66. Carnac The Magnificent (Johnny Carson) by C_Kode · · Score: 1

    The answer is: 10,000 lawsuits in a gigantic SCO like silhouette.

  67. This has to be one of USAs better ideas! by keithamus · · Score: 1

    Wow, I really cant beleive all of this. USAs software has nowhere to go but down (the drain). The very element that makes America "great" is "Freedom of Speech" and yet, by releasing the ability to patent software, people like Billy Boy are slowly declining you guys that right. Makes me glad I live in teh g00d ol' UK!

    On a side note, how in hell can one patent an apple??? They didnt invent it!!!

  68. Invalid by ljavelin · · Score: 1

    Actually, if anyone wants to bother to take this to court, this patent will most likely be declared as "invalid" because it clearly doesn't meet the requirement of being novel and non-obvious.

    Even the best lawyers can't pretend that this is novel or non-obvious.

  69. Here's an idea I should patent... by Slime-dogg · · Score: 3, Interesting

    Patents cost a bit of money, but nothing that is prohibitive enough to prevent an entity from submitting several thousand patent applications. Here is my idea:

    Keep the initial cost the same, be it $100 or $1000 an application (I have no idea how much). If the idea is found to be original and non-obvious, then the patent is awarded, yada yada yada.

    If the idea is found to have prior art, is obvious, or could be created by a natural process, then a fine should be levied. We'll say $5,000 a failed application, for the "waste of time" of the workers of the patent office. An additional $5,000 can be levied for every application that is illegible, or written in such a way that it could cover a broad range of things (ie, this process covers all entities, movements, and processes which don't not fall into the realm of physical and mental states.). Malicious pantents could be considered a capital crime, calling for the heads of the submitters (yes, extreme is nice sometimes).

    This will end up benefitting the private enterprises and small people, since they're the types that will spend a couple thousand, and put time into research that the idea is original... non-obviousness should be obvious (unfortunately, everything is non-obvious to USPTO employees). This will be prohibitive to those huge conglomerations that try to mass-patent everything in existance with tens of thousands of patent applications. If 1,000 of them are rejected, then the fine is around $5 mil.

    Lastly, if a patent is revoked, then the entity that filed the patent should be held accountable for the blockage of progress by society in general, and be legally and financially liable.

    --
    You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    1. Re:Here's an idea I should patent... by ReNeGaDe75 · · Score: 1

      $5,000 for every invalid patent? Jesus are you trying to put them out of business or something?

      --
      Hypocrisy is the 8th deadly sin.
    2. Re:Here's an idea I should patent... by shogun · · Score: 1

      Lastly, if a patent is revoked, then the entity that filed the patent should be held accountable for the blockage of progress by society in general, and be legally and financially liable.

      How about this; for every obvious patent that is challenged and thrown out, another random patent by that patent owner if they have any more is also revoked. That will introduce a factor of risk into the patent process so big companies will stop throwing every little tweak they do to an existing process at that patent office.

    3. Re:Here's an idea I should patent... by TheCeltic · · Score: 1

      I agree! Great idea.. especially the accountability and fines for blocked progress to society!

      --
      =-=-=-=-=-=-=-= - The Celtic - =-=-=-=-=-=-=-=
    4. Re:Here's an idea I should patent... by rokali · · Score: 2, Insightful

      It's actually the USPTO's responsibility to check for prior art, so all these patents are professions of their ignorance. It costs about $7,000 to get a patent, including legal fees. The major problem here is not M$, it's the patent office and their procedures (and incompetence). It does seem like it must come to a breaking point sooner or later.

    5. Re:Here's an idea I should patent... by Halo1 · · Score: 1

      You might want to check out this page about a third paradigm between copyright and patents. Instead of first granting a patent and then revoke it when it's bad, those proposed systems won't even grant the monopoly if it's invalid (and inherently check validity more stringent than in case of patents), and the applicant pays for bad applications.

      --
      Donate free food here
    6. Re:Here's an idea I should patent... by Anonymous Coward · · Score: 0

      Agreed! 5 mil would be nothing to M$ while a lot for someone else. A patent revocation sounds better.

      But even this can be worked around of by starting a new company, filing an application then buying it over if it succeeds.

    7. Re:Here's an idea I should patent... by Metamediarich · · Score: 1

      Problem is - the examiners no longer even appear to make an effort to look like they're doing their job. Prior art? Does that involve, uh, reading? Sorry - we're too backed up for that."

      Challenging inappropriate patents has been left to the community - competitors, associations, etc. - and the costs - in time as well as $$ - can be incredibly high. Over 10 years ago, Compton's was actually granted a patent for what was essentially "multimedia presented on a CDROM." The outcry was so loud, and the flood of testimony to prior art on every one of some 30 claims was so extensive, that the patent was reversed in less than a year. But it still cost $100's of thousands, cumulatively, to get the reversal done.

      Maybe your idea just doesn't go far enough - maybe the fines should be so large that filing for a patent becomes a "bet the company" proposition? So you'd better be sure ...

      --
      Media don't kill ideas, people do.
  70. Patent enforcing by MavEtJu · · Score: 1

    I have some questions that people who are no IANALs might be able to answer. It's all related to software patents, not "real" patents.

    - A patent granted by the USPTO does that mean that the patent is valid only in the USA or all over the world?

    - Does a patent granted by the USPTO mean that the software I make available outside the USA can't be obtained by people inside the USA? (point of sale: outside the USA)

    - If people inside the USA obtain my software from a source outside the USA, are they in conflict with the law and what can be the consequences for them?

    - If I'm taken to a local (non-USA) court for it, what should be the ruling about it?

    - What will happen if I arrive in the USA? Can I be taken to court for these things?

    Anyway, enough questions

    --
    bash$ :(){ :|:&};:
    1. Re:Patent enforcing by latroM · · Score: 1

      - A patent granted by the USPTO does that mean that the patent is valid only in the USA or all over the world?

      It is valid only in the USA. You have to file separate patent application for each country.

  71. they should try inventing some... n/t by aoe2bug · · Score: 0

    no i didnt read the article.

    --
    -Dan
  72. Microsoft patents by Anonymous Coward · · Score: 0

    Patent 1: Click left button 3 times
    Patent 2: Click left button 4 times
    :
    Patent 11: Click middle button 3 times
    Patent 12: Click middle button 4 times
    :
    Patent 21: Click right button 3 times
    Patent 22: Click right button 4 times
    :
    Patent 31: Click left button and hold for 3 seconds
    Patent 32: Click left button and hold for 6 seconds
    :
    Patent 2500: Press return key hold for 3 seconds
    Patent 2501: Click escape key and hold for 3 seconds
    :

  73. cat story | sed -e by levin · · Score: 1

    "s/credit/money/;s/invetions/sitting on their ass/"

    --

    `which fortune`
  74. All of you who think it's obvious... by Anonymous Coward · · Score: 0

    All of you who are thinking this MS photo patent is "obvious". They aren't saying they are just showing photos in chronological order, for pete's sake. What the patent is for is FIGURING OUT when the photo was taken, either through the obvious means (date and time is stored in the image data info) or BY EXTRACTING IT FROM THE PHOTO ITSELF.

    In other words, let's say you upload a dozen photos you scanned. The actual files would contain the data from when you scanned it. What MS's patent is doing is similar to OCR technology, finding the date stamp in the image itself.

    Now obvious OCR (optical character recognition) is nothing new, but perhaps as applied to photo date/time extraction it may be a valid patent.

    ~RB

  75. NO by Anonymous Coward · · Score: 0

    You guys are all idiots.

    The patent is for the display of photos based on date/time THROUGH THE EXTRACTION OF THE DATE/TIME through non-obvious means.

    In other words, alot of us take photos where the time is stamped right in the corner right? Well their patent is for software that figures out what the date/time in the image data is.

    Make sense??

    It's like OCR technology.

    1. Re:NO by flacco · · Score: 2, Insightful
      You guys are all idiots.

      [...]

      It's like OCR technology.

      it's not LIKE OCR technology, it IS OCR technology, applied to a specific case. in other words, this is COMPLETELY obvious, and only an idiot would think that this truly qualifies as a PATENTABLE INVENTION.

      the patent system quite plainly has become a tool of fascism, by its most fundamental definition. it's the power of the state used to exert socioeconomic control of the population to the benefit of large business interests. just like the nazis. just like fascist italy. and do NOT invoke godwin on me on this one.

      --
      pr0n - keeping monitor glass spotless since 1981.
    2. Re:NO by Alsee · · Score: 1

      No, using OCR is only part of one of the sub-patents.

      The main patent covers reading the ordinary DOS file date and any way of displaying the pictures on screen sorted by date (and no, it does not need to involve a calandar).

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  76. Re:organizing based on time? feh. by Anonymous Coward · · Score: 0

    While I appreciate the sprit of your post, technically you are sorting pictures based on their modtime, a quantity unrelated to the picture format itself. MS is patenting organizing and displaying photos based on information (including time & gps position at the time of capture) stored in metadata within the file format. Thus their idea would mean that if you attached all your photos in an e-mail to your mom, she would still be able to access that internalized information, whereas when she typed ls -ltr she would have lost your filesystem dependant modtime information.

    It's still god cursed stupid, mind you.

  77. Maybe Microsoft is trying to make a point by toopc · · Score: 1
    How many times in the last few years has Microsoft been sued based on some totally stupid patent? I'm sure after about the dozen-th time they finally just said, "Fuck it, we can play that game too and on a much grander scale."

    So for all you Slashdotters who cheered everytime some little crap company sued Microsoft over some patent that was questionable at best...it looks like paybacks going to be a bitch.

    1. Re:Maybe Microsoft is trying to make a point by cranos · · Score: 2, Interesting

      I think you will find that most of us attacked the patent holder rather than microsoft in the case of stupid patents.

      Microsoft isn't trying to point out the failings of the USPTO, it's trying to build itself an armoury of patents it can use against any and all who try to compete.

  78. Inventions? by Pan+T.+Hose · · Score: 1
    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
  79. Prior Art by Anonymous Coward · · Score: 0

    "...Organizing and displaying photographs based on time,' which the USPTO published just hours before Gates spoke."

    Uh, maybe I'm just not up to USPTO standards of intelligence but isn't a f**cking developed roll of film prior art here!?!?

    1. Re:Prior Art by Anonymous Coward · · Score: 0

      Pity they didn't accept your proposal, we could all benefit from some intelligence in the US government.

  80. For those too lazy to follow the above link by Pan+T.+Hose · · Score: 1

    Microsoft has never contributed a single notable innovation to any computer-related field.

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
  81. displaying photographs based on time by T_O_M · · Score: 1

    That's called a movie where I come from.
    Anybody break the news to Thomas Edison??

  82. Prior Art by Anonymous Coward · · Score: 1, Interesting

    I proposed this to the US Government in a proposal over 10 years ago with respect to an intelligence collection system.

  83. stage 1 by Jodka · · Score: 1

    from the article:
    "We think--patent for patent--what we are doing is, if anything, more important than what others are doing." - BG

    "Gates demonstrated several new technologies that the company's research unit is working on..."

    This looks like a publicity campaign to associate Microsoft with inventiveness. Microsoft wants to establish, in the minds of the public, the notion that Bill Gates is the Thomas Edison of software. Apart from the obvious explanation, a marketing campaign, why might they do that? Maybe its a prelude to taking Linux distributors to court for patent violation. The conditioning of public opinion far ahead of the legal battle will help to insulate Microsoft from negative attitudes once the court battles begin. For one reason, however much the a patent dispute lowers their public approval, they would start out at higher place if they do this first. Second, people will tend to dismiss criticisms of these bogus Microsoft patents if they already have had fixed in their minds the idea that Microsoft is a factory for novel inventions. Microsoft is at work now tilting the field of public opinion before kickoff.

    Bill Gates succeeds in business and that seems to owe partly to distant plannning horizons. For example, he seems willing to sustain XBox lossess for years in the hope of market domination further along "The Road Ahead." So IMHO its reasonable to suspect that here Microsoft is preening in advance of a legal battle which they plan to initiate later, perhaps years ahead. Of course, only time will tell if this suspicion is correct. That, or another leaked Halloween document.

    --
    Ceci n'est pas une signature.
    1. Re:stage 1 by slothman32 · · Score: 1

      Actually Gates is the Edison of software. Many things Edison patented were only partly from Edison himself and mostly from his workers. Same with Gates and MS employees. And just like Edison Gates did do a few things himself though most was from his company/research lab.

      --
      Why don't you guys have friends or journals?
    2. Re:stage 1 by antispam_ben · · Score: 1

      I need to write my Patent Rant (the short-short version is patents are just trading cards that large companies collect so they have enough IP that they can cross-license rather than ending up in the embarrasing situation of having to pay royalties for infringing on a competitor's patent), but about Microsoft specifically:

      This looks like a publicity campaign to associate Microsoft with inventiveness

      "Inventiveness" sounds a lot like "innovation," which has been a Microsoft buzzword for many years. I recall Bill Gates using the word several times, perhaps from the speech when he plugged in a USB scanner into a running machine, causing Win98 to crash.

      There was an NPR interview about three years ago with a few young, 20-something Microsoft employees. They all said how Microsoft was such a wonderfully innovative comoany, and how happy they were to be a part of a company that innovates so much... I swear I could SEE the glassy-eyed zombies talking on the radio [chanting "Innovate ... innovate ... innovate ...]. NOBODY talks in such glowing terms about an employer unless ...

      Microsoft isn't just a large "innovative" company, it is quite probably a cult (I say that in the negative, pejorative sense), and should be listed here along with Amway under "Para-Religious Movements":
      http://religiousmovements.lib.virginia.edu/profile s/listalpha.htm

      How's that for radical discussion on Slashdot?

      --
      Tag lost or not installed.
    3. Re:stage 1 by Anonymous Coward · · Score: 0

      Posting anonymously cos I just modded you :-)

      I rather agree that the MS mentality can sound strangely cult-like at times. Having worked in a number of situations where MS is involved, I've found that they are mainly loved by people who like to buy into the idea that, one day, they too will be rich and famous. Other people use the software too, but really a large subset of the more enthusiastic MS users are the ones who
      a) appreciate the rather totalitarian system, and
      b) enjoy the process of wishful thinking.

      Frankly, MS fanatics are spooky and opportunistic people. Reflected glory. Tend to work a lot on upping their albedo.

      The specifics of MS is that it allows (stupid) people to redefine real problems into a simpler equation: if I want to support/implement X and Y, I do not need to understand it or work on it - I merely need to pay n hundred thousand to MS for a X and Y site license. And, bonus, the more we pay to MS, the more attentive MS pretends to be to us, we are preferred customers, Microsoft Certified, insiders. It is much like Scientology, in that one's apparent perceived value goes up the more one pays and the more useless information one is permitted to access.

      Company culture on this level is a strange thing indeed.

    4. Re:stage 1 by Jodka · · Score: 1

      "'Inventiveness' sounds a lot like 'innovation,' which has been a Microsoft buzzword for many years."

      The words are similar, but Microsoft's use of "innonavation" was a different game than this new thing of trying to seem inventive. "Innovation" was part of their "Microsoft has a right to innovate" assertion. "The right to innovate" was their objection to government regulation of Windows design. "The right to innovate" is what gives Microsoft the right to add new features to Windows. That is why software which Microsoft bundles with Windows is merged into the operating system. Technically, there is no reason to make the browser part of the operating system. But if you are a monopoly seeking to avoid restrictions on bundling, then there is a legal reason. If the bundled product is merged into the OS, then its not bundling, it's "innovation".

      --
      Ceci n'est pas une signature.
  84. It's not the patent its the royalties by gelfling · · Score: 1

    IBM collects so many patents because it makes about 400 million dollars a year going after people who may have infringed on them. How much would you cough up if a Deathstar full of IBM attornies showed up at your door?

    This is what's behind the MS plan.

  85. True Freedom... by avatar252 · · Score: 1

    USA the land of freedom..... really this is true freedom....any a$$h0le can patent any damn thing... which comes out of his a$$ The USPTO has a bunch of useless fools... who accept all sort of patents.. Who invented software patents any way... the situation in USA is pathetic.. it should serve as a example to why software patents are evil.. ....let us get together...to fight Soft Patents in Europe..... ---Freedom to me, u and every other living being on Earth.

  86. Hee hee by nutsy · · Score: 1

    Apparently the troller trendsetters have decided that Stalin is hot and H*tl*r is not.

  87. "Microsoft Wants More Credit for Inventions" by CSharpMinor · · Score: 1

    Wait... so is someone other than Microsoft getting credit for Clippy? And since when do they have more than one invention?

    --

    Whatever it is I'm complaining about, I'm sure the Republicans did it. This is /., after all.
    1. Re:"Microsoft Wants More Credit for Inventions" by BCW2 · · Score: 1

      357,936 variations of the blue screen of death.

      --
      Professional Politicians are not the solution, they ARE the problem.
  88. The long term problem with this by baggins2002 · · Score: 1

    I think that the long term problem that this might create is that other countries may quit recognizing our patents. I realize some countries don't, but this creates ammunition for the argument, that too many US patents are meaningless, so therefore should be ignored.
    In a world economy we could find US industry and innovation choked up with this patent crap.
    Even if somebody tried to do something about it, imagine how much the legal fees would be.
    I'm really beginning to believe that MS plans to fight Open Source in the courts.

  89. Organizing photos... by rdean400 · · Score: 1

    Adobe Photoshop Album organizes photos based on time, and moreover, the EXIF information in JPEGs makes that particular "invention" blatantly obvious.

  90. credit? by bitspotter · · Score: 1

    They want me to be impressed by all the things I suddenly can't code because they could afford to spend thousands of dollars on government paperwork?

    Well, congratulations, assholes!

  91. This is obviously targeted at Google by markbasedow · · Score: 1

    Google recently acquired Picasa http://www.picasa.com/content/download.php?promo=h pp1 And one of the main features of Picasa is the ability to organize images by time and create timelines of images. See http://www.picasa.com/content/learn_more.php? for mor info.

    1. Re:This is obviously targeted at Google by BCW2 · · Score: 1

      But then prior art should apply. That will defeat the patent.

      --
      Professional Politicians are not the solution, they ARE the problem.
    2. Re:This is obviously targeted at Google by KD5YPT · · Score: 1

      Prior art doesn't matter if the defendant can't pay lawyer bill.

      Even if they can, MS can just keep bringing them on until Google run out of money.

      The patent lawsuit should be changed so that the company bring the suit need to pay the defending company when the suit is frivolous or dismissed.

      The amount will equal to paying the defendant's lawyer fees and FUD damage award.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  92. Oblivious? by g00set · · Score: 1

    As an American I can attest that most cannot even define a patent. However, I don't believe it is much better in country X either. I have been to the Middle East, Europe, etc.

    I believe the patent wars will be determined by the Judiciary versus the Legislative branch because, well...Your not suprised are you?

    --
    ... and furthermore ... I don't like your trousers.
    1. Re:Oblivious? by Anonymous Coward · · Score: 0

      > As an American I can attest that most cannot even define a patent. However, I don't believe it is much
      > better in country X either. I have been to the Middle East, Europe, etc.

      The last sentence doesn't mean anything. Just because you've been somewhere, doesn't mean you have a grasp of the patent system in that country.

  93. It is bad journalism, credit for OTHERS inventions by SmallFurryCreature · · Score: 1
    Microsoft Wants More Credit for other peoples Inventions

    Nothing new here. MS has never invented a single thing they just copied whatever anybody else had done and then marketted it. Sometimes it sold a lot better, often it didn't. (OS and Office sold well, phones/gameconsoles/tv's/movie software/soundcard (remember that MS originally did not support soundblaster out of the box the default soundcard in favor of their own offering?) flightsims and PDA's are kinda undecided along with games.)

    But it certainly never invented anything in the old sense of the word. Sadly this is true for the computer as we use it as a whole. There are lots of hardware advances but the desktop we use has pretty much been "invented" by xerox and copied by everyone else.

    Funny, xerox executives once owned the "idea" of the current pc. Where are they now?

    But gates is nonetheless right, what they are doing, patenting bloody obvious ideas is indeed more important. Cause it don't matter shit if you got tons of prior art. If MS decides to fight you they got billions in the bank to pay an army of lawyers and you got nothing. Only and IBM or Sony can stand up to MS in such a battle. Scary eh? IBM the "bad guy" in the Apple 1985 ad now being the defender against patent suits against linux (on the basis that IBM has got so many patents everyone is infringing them, "Evil patenter: Linux is infringing my patent your honor! IBM: Your honor I got here a list of patents Evil patenter is infringing. Cue entry of dumptruck with list)

    Oh well Bill Gates spouting crap. Stop giving press conferences and go tell your people to finish Windows-64, get a move on longhorn, fix the outstanding bugs in IE and just get a bloody move on.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  94. This violates my patent! by Pakaran2 · · Score: 1

    I have a patent from 1997 that Microsoft is in direct violation of! For the information of the slashdot community, excepts from the patent appear below.

    A MECHANISM FOR PATENTING REALLY DUMBASS OBVIOUS SHIT RELATING TO SOFTWARE, AND SETTLING OUT OF COURT WITH SMALL BUSINESSES WHO HAVE BEEN DOING THE AFOREMENTIONED OBVIOUS SHIT ROUGHLY FOREVER

    Claimed:

    1. A mechanism for patenting obvious shit relating to software, the Internet, or ecommerce

    2. A method for inserting buzzwords such as "over packet-switched TCP/IP," "using a client-server model," "using extensions to a standard HTTP server," "in a large-scale enterprise" and other buzzwords in said patents to make them seem less obvious and/or shitful.

    3. A method for searching the web using search engines to locate small businesses who are already using said obvious shit

    4. A method for settling out of court with said businesses, in the event that they are unable to pay for legal defense ...

    as you can see microsoft is in clear violation, so I'll sue them.

  95. A patent idea sure to make millions by nysus · · Score: 1

    If you had a patent on a guaranteed method for persuade Bill Gates to drop his drawers and let you fuck him up the ass with a jack hammer, you'd be the next Bill Gates.

    --

    ---Technology will liberate us if it doesn't enslave us first.

  96. Since you asked... by geminidomino · · Score: 1

    ... the word is "grammar" ;)

  97. Surely that patent is a joke.. by TheCeltic · · Score: 1

    Come now, I thought it was impossible to patent an existing idea (one that is already being used in someone elses technology)?

    --
    =-=-=-=-=-=-=-= - The Celtic - =-=-=-=-=-=-=-=
  98. Patent != Innovation by TheCeltic · · Score: 1

    First of all, patents don't mean innovation (sometimes they can mean theft of someone else ideas, sometimes they protect innovation and sometimes they are for foolish ideas). Microsoft is trying to patent all kinds of things, many of which are bogus patents.. I wish them luck in enforcing such silly patents...

    --
    =-=-=-=-=-=-=-= - The Celtic - =-=-=-=-=-=-=-=
  99. STOP AND READ THE LINK ABOVE!!! by Anonymous Coward · · Score: 1, Informative

    I'm tired of this...the link above IS NOT A U.S. PATENT...it is ONLY a patent APPLICATION that was published. EVERY APPLICATION IS PUBLISHED. When you apply for a job, does that mean you automatically get the job? NO! This patent application will be searched, re-searched, fought and argued until it is rejected. Get your facts straight before you post.

  100. A BETTER plan... by d.valued · · Score: 2, Interesting

    Simple.

    You wanna change the world, you gotta do it yourself.

    We have to challenge EVERY ONE OF THESE APPLICATIONS.

    Not just the behemoth from Redmond, though. I mean all software patents.

    The nice thing about the patent system is this whole public review period before some bureaucrat rubber-stamps and OKs it, and the ability to claim prior art afterwards.

    It's a better to prevent a patent than to cancel one. Enough of us, who have the technical knowledge and some form of literary skill needed to educate the patent clerks, can prevent an request for a patent from hurling its way through.

    [
    I know that I don't speak out much anymore, but this was too friggin' important for me to stay silent (especially with my good-karma mouthpiece).
    ]

    --
    I used to be someone else. Now I'm someone better.
    Real life is underrated.
  101. As long as they don't patent... by Anonymous Coward · · Score: 0

    ...method for killing via the launch of a projectile from a chamber, we still have a recourse.

  102. fixing the patent system by timmarhy · · Score: 1

    i'm amazed people think this is hard to fix. 1. you cannot demand license for a patent unless you can demonstrate your invention working. 2. your patent application is not complete until you sell over 100 products based directly on this invention. his means you must have to have a significant, orginal idea that people are willing to buy on it's own without having the money extorted from them. i know people will moan about the having to sell something, but guess what chumps? this is whats wrong with these bullshit patents, they sell nothing just run around making threats.

    --
    If you mod me down, I will become more powerful than you can imagine....
    1. Re:fixing the patent system by cpghost · · Score: 1

      demonstrate your invention working.

      Sorting images based on time works.

      you sell over 100 products based directly on this invention

      Microsoft is certainly selling a lot more than that (do they have programs that sort images based on time? Probably).

      Yet this kind of patent STILL has no merit. Fix the broken patent system, and if you can't, at least please stop trying to force it upon other countries in the world.

      --
      cpghost at Cordula's Web.
  103. Are they also going to ... by Anonymous Coward · · Score: 0

    Are they also going to patent the Windows OS as a virus, trojan, worm, problem magent?

  104. Insult to injury!!!! by syousef · · Score: 1

    'Organizing and displaying photographs based on time,'

    Give me a break. Sort pictures by timestamp is fucking patentable? First clicking a mouse and now this? FUCK OFF!!!

    Prior art:
    1) Motion pictures. Time sequence of photos, right?
    2) Every freaking file browser better than windows "crash test dummy" explorer.
    3) Uncle bob in the basement with his box of old polaroids.

    How much do I have to pay to scratch my nuts? Microsoft would have patented that too right? Or is it only if I scratch my nuts against against a PC when windows crashes yet again.

    Bloody hell. You want to make money? Provide value! There's a novel idea. Perhaps I should patent it. Patent #23424234: "A method of making money by actually providing value to the customer".

    While we're at it why don't they just cut out all this BULLSHIT about having to prove you're doing something new or different and have the patent offices around the world sell licenses to print money, instead?.

    --
    These posts express my own personal views, not those of my employer
    1. Re:Insult to injury!!!! by kellererik · · Score: 1

      If you should get Patent #23424234 "A method of making money by actually providing value to the customer",
      you'd finalize the situation we're actually in at the moment, I'm afraid.
      Every SCO or M$ of this world will refuse to pay you royalties and continue with what they are doing right now. Patenting the obvious and have their gang of vultures (lawyers) waiting for someone trying to create something of actual value.

      my 2 cents

      BTW: You'll run into the problem of prior art, if the examination of the patent should consider a timeframe older than two weeks, kind of improbable, though.

  105. microsoft patents by chrisranjana.com · · Score: 1

    and how many they will win ?

    --
    Chris ,
    Php Programmers.
  106. sales vs. technical by PsiPsiStar · · Score: 2, Insightful

    Microsoft had several advantages.

    1. An early and very beneficial agreement with IBM to use its version of DOS and pay it per liscense which greatly helped in establishing the company.

    2. A wise decision on its part to work on PCs and sell its OS rather than going the way of Apple and trying to sell a package deal.

    3. Bundling its software and leveraging its OS position, created partially by IBM, into other areas of software. In short, an excellent business tactic, but not a technical feat.

    True, MS is at least adequate, technically. But it has grown and prospered based on excellent business and sales acumen rather than technical aptitiude. To phrase it another way, there is no mythical product which is so good or so cheap that it sells itself, though this is often how 'techs' see things and think others do too.

    --

    ___
    It's the end of my comment as I know it and I feel fine.
    1. Re:sales vs. technical by Anonymous Coward · · Score: 0

      1. An early and very beneficial agreement with IBM to use its version of DOS and pay it per liscense which greatly helped in establishing the company.

      There is one detail to this people really should know. Microsoft (ofcourse) didn`t make dos (now cloned). They bought it from a hobyist. It was a clone from the then dominant CP/M OS (now open). It was cloned by a hobyist in his spare time not unlike other populair operating systems ;-) Soon after microsoft started selling dos bundled with the ibm pc (and clones) cp/m market share started dropping.

    2. Re:sales vs. technical by Da_Weasel · · Score: 1

      What?! Mot modded Informative?!

      Is their anyone left in this world who doesn't know the story of MS's start?

      --
      If you must!
    3. Re:sales vs. technical by MECC · · Score: 1

      Quite true. Microsoft is better at selling software than it is at making software. Way better.

      Perhaps the other reason that the company that makes the worst software products can make it big is that when PC software screws up, the losses are 'soft' as well. When, for example, the design of a car results in a failure, the losses are hard enough that juries have no problem understanding and identifying what the consequences of poor design are. Your windows server crashes, and the losses may be big in financial terms, but people don't stagger out of the building covered in soot and burns.

      In any event, filing preemptive patents will probably result in tehcnology migrating away from the US. The 'iphoto' patent look preemptive in that it seems intended to prevent others from making competing products.

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
  107. Read the patent (Informative post, not!) by Steven+Reddie · · Score: 1

    It isn't just about ordering, it's about extracting the time for an image using a variety of methods including OCR. Novel it isn't, but it's a whole lot more than you've concluded after not even bothering to read it.

    1. Re:Read the patent (Informative post, not!) by Alsee · · Score: 1

      No. You need to re-read it with proper understanding of how patents are structured. Specificly you need to read claim one and ONLY claim one. Do not bother reading anything else because NOTHING OUTSIDE CLAIM ONE REALLY MATTERS.

      Claim one is the fundamental patent.

      You can throw away absolutely everything else and they *were* granted a patent on the isolated paragraph labeled "Claim 1".

      The other claim numbers are "sub-patents" within the fundamental patent. Those subpatents are there for legal reasons, in case the main patent is invalidated they can attempt to use a sub-patent as a fallback position.

      Everything outside the numbered claims is purely packaging.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  108. Obligatory Ernest Cline by Anonymous Coward · · Score: 0

    You couldn't just DOWNLOAD porn.
    You had to bribe some homeless dude
    to buy you a copy of Hustler from the 7-11.
    It was either that or jack off to the lingerie section of the JC Penny catalog.
    Those were your options!

    From "When I Was A Kid".

  109. Hopefully by Nikademus · · Score: 1

    Microsoft has not patented the wheel..

    --
    I gave up with the idea of an useful sig...
    1. Re:Hopefully by Da_Weasel · · Score: 1

      be patient, they will....

      --
      If you must!
  110. ls -t *.jpg - has just been patended by yupie · · Score: 1

    Oops, of course I meant
    dir /OD *.jpg

    --
    Sig (appended to the end of comments I post, 120 chars)
    1. Re:ls -t *.jpg - has just been patended by Anonymous Coward · · Score: 0

      good one!!

  111. ....subject by ChoGGi · · Score: 1

    Why not have the USPTO setup so the Patent Applicant foots the bill for the research costs of the Patent application

  112. Ummm... by Zemplar · · Score: 0

    who cares what Microsoft wants?

  113. Domination by nurb432 · · Score: 1

    We are a minority, as nearly all ' users ' ( by percentages ) run some sort of windows product at home, and especially at work..

    Domination may not be 100%, but its close enough.

    --
    ---- Booth was a patriot ----
  114. Prior art by richieb · · Score: 1
    $ cd images
    $ ls -lt

    WTF?

    --
    ...richie - It is a good day to code.
  115. my favourite clam by lkcl · · Score: 1

    21. A system according to clam 20, wherein the digitally-encoded time information comprises information recorded according to an EXIF standard.

    so microsoft has a patent clam on fresh sea products?

  116. Microsoft had to re-file to assign patent to owner by Anonymous Coward · · Score: 0

    Note it says re-assign

    "Microsoft has filed with the Patent Office for a certificate of correction to re-assign the patent to Burchinal, the representative said."

  117. Unfair practice by tod_miller · · Score: 1

    The cost, directly paid to the patent office, is enormous for 3000 patents.

    So if M$ file 2900 dummy patents, and say, look, take the cash, but let us have these 100, isn't that illegal?

    I am not an operating systems developer, but that doesn't mean I shouldn't be scared that in the future the only way I can enjoy technological advances of computing is by using M$ software.

    Come on linux, we are all rooting for you, does linux have any patents? Maybe liek the cell phones giants, we all need some to share...

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  118. While the chicken was crossing the road ... by JamesR2 · · Score: 1

    ... what else was happening that we missed in our haste to observe the chicken? Seriously, IBM is the bigger/older villain in this, but wait until enforcement starts. Makes good annual prospectus material, which means corporate greed, bonuses, and future revenue stream. We all started in 'puter stuff because it was cool and revolutionary ... but we sold out to the suits. Soon everything will be owned by Monsanto equivalents, and we will tend their fields.

  119. patent? by kc0re · · Score: 1

    How can you possibly patent the fact that photos are organized by date/timestamp?

  120. Microsoft patent counts by Metamediarich · · Score: 1
    If Bill is concerned about the length of his patent list, maybe I can offer a little patent Viagra to help him pad his pride:

    Extending "Organizing and displaying photographs based on time" next week we could have:
    • Organizing and displaying photographs based on location
    • Organizing and displaying photographs based on colors
    • Organizing and displaying photographs based on shoe size
    • Organizing and displaying photographs based on legal staff
    The possibilities of this new technology appear to be endless ...

    --
    Media don't kill ideas, people do.
  121. Great idea by ultrabot · · Score: 1

    The person/organization that finds prior art should also be rewarded, say, by $500/patent from the pockets of the company holding the patent. Killing frivolous patents could become a nice way for competent kinds to earn some money.

    --
    Save your wrists today - switch to Dvorak
  122. Re:It is bad journalism, credit for OTHERS inventi by dotwaffle · · Score: 1

    The basic underlying message in your post was best described on BBC Hard Talk by Trevor Bayliss until the idiot presenting cut him off. Sometimes you just wish you had a button that could stab the presenter in the face... ANGRY!?!?!?!?

  123. should patents be for "real" individuals? by i621148 · · Score: 1
    i have downloaded via bittorrent and watched the three part series mentioned in this previous post...
    slashdot

    i think the real problem with patents is that they were created as a system to protect an individuals idea.
    then when companies were allowed to assume the rights of an individual via incorporation, they are then on par with competing against an individual.
    if my rave is getting hard to follow, what i am getting at is that patents were manageable because at the time of their conception,
    they were thought of as individuals would be submitting them to the government. the government would have vastly more resources than an individual right? so they could be able to handle the workload.
    when corporations began to use the 1886 14th Amendment case in the U.S. Supreme Court about assuming the same rights as an individual, that opened the door to a situation where
    1. the person being reviewed has a great many more resources than the reviewer.
    2. the person being reviewed may have more influence than the reviewer.
    3. the person being reviewed may be able to exhaust the reviewer.

  124. Lobby anyone? by fufinache · · Score: 1

    How many of you who have replied to this topic, complained about it with good factual reasons, actually went out to the US patent office and did something about it? Go out and organize a rally. If you want to change something, just do it. Anyone want to give donations so can afford a lawyer when I get sued by nike?

  125. ah, the sweet smell of hypocracy at Slashdot by Anonymous Coward · · Score: 0

    Microsoft's Projects Hosted on SourceForge.net Hit High Note With Open Source Users
    Thursday July 29, 4:00 pm ET
    100,000 Downloads Reported for Microsoft's WiX Software in First 100 Days

    FREMONT, CA--(MARKET WIRE)--Jul 29, 2004 -- SourceForge.net, an OSTG (a wholly-owned subsidiary of VA Software Corp., (NasdaqNM:LNUX - News) site, today released data reporting that the two Microsoft projects released under the company's "Shared Source Initiative" are in the top 5% of active projects hosted on SourceForge.net. SourceForge.net (www.sourceforge.net) is the collaborative development site founded to support and foster Open Source development projects, and currently hosts more than 80,000 projects on the site.
    ADVERTISEMENT

    Microsoft's two projects, WiX and WTL, represent the first time that the company has released projects on SourceForge.net. The Windows installer XML (WiX) software allows developers to build installation packages for Windows products was posted on SourceForge.net in April, and has received nearly 100,000 downloads in the first 100 days of its posting. The Windows Template Library (WTL), which allows developers to create graphic interfaces for Windows programs, is also in its third month of posting, and has received 19,000 downloads -- placing both projects in the top 5% of active projects on the site.

    "We're not surprised to see this level of interest in the Microsoft projects," said Patrick McGovern, Director, SourceForge.net. "More than a quarter of the projects on SourceForge.net are Windows-related, and anything that makes developing for that platform easier is very attractive to our users. We're pleased that Microsoft has been testing the Open Source waters with an Open Source license on our site, and, judging by user response for the first three months, we look forward to hosting even more projects from Microsoft as they reach out to the Open Source community."

    WiX and WTL represent different types of projects for Microsoft. While both are developer tools, WiX was initially developed for internal use at Microsoft and later became the first Shared Source project ever released to the community via SourceForge.net. WTL was available via the Microsoft Developer Network for 5 years before it was released on SourceForge.net. Both projects are available now under the Common Public License and allow interested communities of developers to work with the tools and to modify them if needed in order to fit custom needs.

    "We chose to host the Shared Source WiX and WTL projects on SourceForge.net because it is home to a strong community of Windows developers and has a great tradition of collaborative development," said Jason Matusow, director of Microsoft's Shared Source Initiative. "Through the WiX and WTL offerings, we are applying lessons learned over the past three years on the Shared Source Initiative and engaging more closely with the developer community. We are proud to have WiX and WTL represent our first Shared Source offerings on SourceForge.net."

  126. Today's headline by Anonymous Coward · · Score: 0

    Bill Gates has applied for a new patent, which he believes will insure the growth of Microsoft. a device made of carbon, and organic tissue, which is capable of extracting oxygen from a heterogenous gasious mixture; once the oxygen is extracted, it is sent through out the organic tissue to suppy the catalyst for oxidation

  127. I like patents by recharged95 · · Score: 1
    "it is to be understood that the invention defined in the appended claims is not necessarily limited to the specific features or procedures described. Rather, the specific features and procedures are disclosed as exemplary forms of implementing the claimed invention"

    Translation: "This patent applies to eveything else not mentioned to this patent. We only disclosed this example at it's what the applicant supplied with their $check$"

    My sis works at USPTO, I need to ask her what the heck are they smoking there...

    BTW, briefly reading the link. Here's their source code:

    // Begin Patent

    ExImage i = EXIFStandardKnownAPI->getFile("pic.jpg");

    Time_t t = i->getTimeByKnownAPI();

    int indexPosition = getIndexByTimeSimpleSort(t);

    // End Patent

    processImageIntoFileSystem();

    (Also, I guess my EXIF reader I implemented on PalmOS that does essentially the same thing is in violation!)

    1. Re:I like patents by ReadbackMonkey · · Score: 1

      it is to be understood that the invention defined in the appended claims is not necessarily limited to the specific features or procedures described. Rather, the specific features and procedures are disclosed as exemplary forms of implementing the claimed invention

      This dribble, or something like it, is pretty much on any patent worth its salt. It doesn't really mean anything, it is simply there so that when a judge goes through the claims and interprets their meaning he can be allowed to give it some breadth of substitution. In reality, the power of this statement has been nerfed almost entirely, but lawyers and patent agents like to continue to include in case it does have some power again one day. My point is this is not a Microsoft (TM) Evil, it is a General Patent (TM) Evil. Which in reality is a Lawyer (TM) brand, which is a subsiduary of Satan (TM).

  128. We don't understand, Microsofts own's everything by deck · · Score: 1

    My rant!

    Microsoft is the inventor of the personal computer. As a matter of fact they are probably the inventor of the computer. We just don't know and understand. Therfore all knowledge belongs to Microsoft. The United States has been unable to recognize this because the system tries to prevent the true rulers of all humanity to rise to their rightful place. Microsoft is forced to use the existing system to obtain their natural rights to all knowledged and eventually become the rightful place over all of humanity. None of the preceding aguments against Microsoft are of any value as they are inane and specious.

  129. You're kidding, right? by rd_syringe · · Score: 1

    Nobody can steal code from them, but they can look at OSS and say "thats our idea."

    This coming from the community who freely rips off taskbars, start menus, the integration of filesystem and browser, .NET, Intellisense, and much much more.

    Just saying. Pot calling kettle black. I don't really see any innovation in OSS either. At least Microsoft is starting over with Longhorn.

  130. Outsourcing? by Anonymous Coward · · Score: 0

    Two lines from the patent application:

    Inventors: Sun, Yan-Feng; (Beijing, CN) ; Zhang, Lei; (Beijing, CN) ; Li, Mingjing; (Beijing, CN) ; Zhang, Hong-Jiang; (Beijing, CN)
    Assignee Name and Adress: Microsoft Corporation

    1. Re:Outsourcing? by juan2074 · · Score: 1

      Outsourced. . . or stolen?

  131. Digital Movies?? by Anonymous Coward · · Score: 0

    Is this how digital movies work? A series of photographs with a time stamp displayed quickly in sequence?

    hmmm...Microsoft vs. MPAA...

  132. so-called 'innovation' by juan2074 · · Score: 1

    What? MS is going to start inventing stuff for a change?

  133. Prior Art - Cannon Zoombrowser by Anonymous Coward · · Score: 0

    Once again the patent office is ignorant of prior art.

    Cannon have the ZoomBrowser photo archive utility which they supply with their cameras, first (c) 1998. One of its features is a Time Tunnel mode, where you browse photos chronologically.

    Yippee for MS innovation.

  134. The way to end this absurd travesty by mr_e_cat · · Score: 1

    Everybody should file a patent. Just choose some half baked idea. Doesn't have to be technical (you can probably patent your steak marinade or cocktail recipe for all I know, there must be slashdotters who can tell us what is and isn't patentable). I have a patentable design for a broccoli steamer....

    You don't need a lawyer, just look at existing filings and mimic them. Pretty much anything will be accepted. The whole system would be brought down by the weight of it's own absurdity.

  135. calendars... by atrent · · Score: 1

    ...are a way of displaying pictures associated with time, the fact that someone will have to pay royalties to MS for things like these:

    http://www.max.rcs.it/060cal/01don/0109/2601/index .shtml

    http://www.stefanotorre.it/megan_gale_calendario_m ax_2001_sc_184.htm

    makes me sick :(

    --
    A well adjusted person is one who makes the same mistake twice without getting nervous.