Slashdot Mirror


Altnet Threatens P2P Companies Over File Hash Patents

devil_doll writes "I saw over on p2pnet that Altnet is trying to 'mug' a number of P2P companies with seemingly bogus patents. One of them is titled 'Data processing system using substantially unique identifiers to identify data items, whereby identical data items have the same identifiers,' and appears to be nothing more than a simple hash table."

18 of 201 comments (clear)

  1. "appears to be ... a hash table" by Dancin_Santa · · Score: 3, Insightful

    But that hash table is patented. It's a hell of a fight to get around a government-granted monopoly.

    Then again, this is P2P we're talking about, so it's not like we're expecting them to close up shop because they are violating some ambiguous law.

    P2P is here to stay. It's doubtful that this company will win in the long term because the technology is already out there used by millions of users. The genie, so to speak, is out of the bottle.

  2. What's a bogus patent? by artifex2004 · · Score: 4, Insightful

    If it's not a real patent, wouldn't they get accused of fraud and fraud with the intent to extort, or whatever?

    Or do you mean it's a real patent, but one that should be indefensible? That's a different matter.
    If this is the case, maybe they're doing the standard trick of going after people too small to challenge the patent in court, who will settle quickly.

    1. Re:What's a bogus patent? by idiotnot · · Score: 3, Insightful

      But, you have to remember that patent attorneys aren't programmers. They search through prior patents to see if this particular method has been patented. If it has, the application is rejected. If not, the application is granted. There really isn't a way for them to search for prior art easily, especially if it's a subject they, themselves, don't understand.

      The answer, of course, is to change the law, and make due dilligence incumbent upon the applicant. Then you build in punative laws that discourage patenting things for which prior art obviously exists. And you make the patent holder pay for all litigation costs incurred by whoever sues them when the patent is overturned.

  3. Re:p2p _companies_? by LiquidCoooled · · Score: 2, Insightful

    I use Steam :)

    I try not to, and have an itchy uncomfortable feeling after playing hl2, but I think thats more life mirroring art than anything else.

    --
    liqbase :: faster than paper
  4. If it's that obvious... by Vo0k · · Score: 3, Insightful

    ...why patent it?
    I mean, they HAD to know the patent is bogus. They hoped it will pass through USPTO, and they hoped right. But how can they hope anyone will agree to pay them money for that? ...while the lawsuit will be thrown out of court as soon as the P2P company will show: "We use MD5 which expired even before this patent was granted, and this patent covers exactly the same thing as MD5 only without technical details how to accomplish the task." And even if not, sooner or later some company WILL start a lawsuit, and once the obvious result makes the patent invalid, all companies that actually paid, may counter-sue for damages.

    If I wanted to sell Eiffel Tower, I don't think I'd avoid jail. Why people who try to sell (force!) idea they don't own could go free?

    --
    Anagram("United States of America") == "Dine out, taste a Mac, fries"
  5. Amazon sues Patent Office by Anonymous Coward · · Score: 1, Insightful

    [ Add This Patent to your Cart ]

    Customers who bought this patent also purchased Dynamic interoperability contract for web services

  6. Re:As an attorney... by Gilesx · · Score: 2, Insightful

    Nice. Your disustingly obscene fees are just giving the fatcats yet another statistic - "We had to spent xxx thousands of dollars per hour to defend against these criminals!"

    Maybe you should try actually talking to your esteemed clients, and suggesting to them that if, quoting the music industry as an example, they didn't want to make $8 of PURE PROFIT on a CD, whilst giving artists a 50 cents share that they may be able to reduce prices, and make the cost of a CD lower to the point that it becomes less attractive to download music than to buy an inexpensive plastic disc. But then you might be actually making a difference and changing things for the better, and I guess if you wanted to do that, you wouldn't be an attorney.

    --
    Sunday you're Thinking Different, Monday you're a huge tool, paying too much and waiting to think like everyone else.
  7. Re:'Bogus patents' by mumblestheclown · · Score: 5, Insightful
    Tell that to somebody who has spent years developing a new algorithm for something like facial recognition. Explain to me again why a clever person who comes up with a novel algorithm (note: I said NOVEL - I am NOT denying that there are horrible abuses in the patent system, esp. wrt software - I am just countering your claim that software patents shouldn't exist at all) to produce something useful and novel shouldn't enjoy a temporary monopoly from the fruits of his labour and research just because his invention happens to be in software rather than being hydraulic or pneumatic?

    / incidentally, any "all patents must be abolished" responders need not bother. go visit economic history 101 instead.

  8. Re:'Bogus patents' by moderators_are_w*nke · · Score: 3, Insightful

    Software code is subject to copyright, physical inventions are not. Physical inventions therefore require patents, software code does not. Mark

    --
    "XML is like violence. If it doesn't solve your problem, use more." - Anonymous Coward
  9. Well well by ewe2 · · Score: 3, Insightful

    It seems that my purchase of An Introduction to Algorithms has borne fruit. I actually understood the patent application, although it's probably the worst description of a hash table ever. It's worth reading the patent, BTW, it has an unintentionally silly background history for its case.

    Insofar as it's a specialized implementation of a hash table, how altnet thinks it has a case is beyond me. Code containing the word TrueName would be a dead giveaway, otherwise this is just harrassment litigation.

    --
    insecurity asks the wrong question irritation gives the wrong answer
  10. Re:Bullshit they are patenting the hash table... by Halo1 · · Score: 2, Insightful
    So claim 1 probably has no chance of being enforced whatsoever.
    That's irrelevant. You can still (threaten to and actually) sue people over the fact that they violate the claim. Each claim is a separate monopoly that has been granted, and each claim must be individually struck down.

    If one claim simply covers using hashes to determine whether two files are equal, then they did receive a state-mandated monopoly on that (regardless of how likely it is enforceable in court).

    --
    Donate free food here
  11. Copyright by CarrionBird · · Score: 4, Insightful
    Software can and should be protected by copyright rather than patent. Perhaps if it's something truely novel, then I can see getting a patent for it. But that's not how the system is being used. Companies are patenting simple ideas rather than novel implementations.

    With some patented hydraulic invention, I am still free to come up with a better way of doing the same thing.

    With these software patents, I'm prohibited from making anything that accomplishes X, even if I have a novel method, because company Y has a patent on software that does that.
    --
    Free Mac Mini Yeah, it's
    1. Re:Copyright by psyon1 · · Score: 2, Insightful

      If one company develops a facial recognition system, using laser scanners to map the 3D surface of a persons face. Later someone comes along and makes use of a digital camera, and color comparisons. With patents, thats allowed (IIRC).

      With software patents, someone is just patenting "A method of recognizing facial features using digitizing methods", which covers both implementations.

      Just imagine if someone patented "a method of reducing the size of a file on disk, by using an algorithm."

  12. Re:'Bogus patents' by mumblestheclown · · Score: 2, Insightful
    No, I'd actually like to hear some.

    So far, I've heard: the "copyright" argument-- that software is like the plot of a novel. Bullshiat, says I. Copyright covers only the specific instantiation of an idea, not the idea itself. If you spent 10 years coming up with a novel software algorithm that could, say, accurately detect a person's diseases from a facial photograph, then by the copyright explanation, i'd only be covered in m specific code. anybody else could reverse engineer this in a week and sell their own clone version. The idea of this discourages you from investing the 10 years of work.

    then of course there's the "economic" arugment that says that people are developing useful stuff without the help of patents and that patents deter from innovation. but this is really an unfairly directed argument. the argument should not be that all software patents are bad, but that they are currnetly being granted too liberally and for obvious evolutionary things that the law explicitly says they should not be. this is a problem with the implementation of software patents - the basic idea is still valid.

    I dont at all disagree that many granted software / bm patents have been bullshiat. however, my argument is baby/bathwater - there are many good reasons for keeping patents for legitimatly patentable software ideas. Software is protected by copyright. This argument is bullshiat.

  13. Re:Good patents by Qzukk · · Score: 3, Insightful

    Picture how the world would have been if IBM patented the BIOS? Brother patented the Word Processor?

    You say that patents are "overall an economic good and a necessity" but what innovation has come out of Microsoft since 1998's State Street decision establishing "Business Process" patents? Just years before that they radically changed the look and feel their operating systems. Of course, according to you that must have been trivial, since NOBODY would have invested any work in software if it couldn't be patented. People wrote whole operating systems with nothing more than copyright protection, and made money off of it!

    The purpose of a patent is twofold: protect a temporary monopoly, with the people of this country (or in this day and age, the world) receiving the benefit of that creation when the patent expires. How about we call for all patented software to be opensourced when the patent expires? As it is, even after the patent expires the code is still protected by copyright. If you don't like that plan, don't patent it. Thats why the government created copyright and trade secret classes of intellectual property.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  14. Re:'Bogus patents' by _KiTA_ · · Score: 5, Insightful
    Tell that to somebody who has spent years developing a new algorithm for something like facial recognition. Explain to me again why a clever person who comes up with a novel algorithm (note: I said NOVEL - I am NOT denying that there are horrible abuses in the patent system, esp. wrt software - I am just countering your claim that software patents shouldn't exist at all) to produce something useful and novel shouldn't enjoy a temporary monopoly from the fruits of his labour and research just because his invention happens to be in software rather than being hydraulic or pneumatic?
    The counter of course, is that you shouldn't be able to shut down ALL Facial Recognition innovation by patenting the idea of "using a computer to digitalize and analize a human face, therefore allowing the computer to pick that face from a database of other faces.". In the same way I can't patent a cog, a piston, or (wait for it) the wheel, you shouldn't be able to get a blanket patent on ANYTHING in software. Period. Specifics may or may not be ok -- But honestly, copyright handles "distribution of a literary, musical, dramatic, or artistic work". It does not grant you exclusive use of a mere idea.
  15. Re:'Bogus patents' by arkanes · · Score: 3, Insightful
    Well, I kinda look at it like this. We can't judge the merits of a system we don't have. So lets look at the history of our existing system and see how much innovation has been spurred by software patents, and how much has been supressed. The first is really easy to measure by how many novel patents are granted, how many products based on those patents are created, and how sucessfull those patents are.

    Patents work really good for protecting mature industries where true innovation is both revolutionary and rare. Incidently, these are also the industries where small players are the least likely to be able to make a dent - you're going to have a tough time selling a new car even if you have some nifty new engine that has all the performance of a V8 but 100x the gas mileage. Patents work really poorly in rapidly evolving new industries (and there's never been an industry that's moved as fast as software is).

    Further, patents are supposed to be on an INVENTION, not a PROCESS. That's why you can't patent mathematical theorems.

  16. Re:Good patents by fizbin · · Score: 3, Insightful

    Well, as a demonstration that the idea is fundamentally sound, can you point to any currently-in-force software patents that are "good" in some sense? We have enough examples on the bad side of the fence - perhaps if we had examples on both sides it would be easier to tell where the line is.

    If, on the other hand, there are no current software patents that are easily defineable as good, then I'd doubt your premise that the idea is fundamentally sound.