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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."

26 of 201 comments (clear)

  1. 'Bogus patents' by sebFlyte · · Score: 5, Interesting

    When it comes to software isn't this just tautology?

    --
    "Nothing can shake my belief that this world is the fruit of a dark god whose shadow I extend." - Emil Michel Cioran
    1. Re:'Bogus patents' by Ized · · Score: 3, Informative

      I had to look this up :D

      http://dictionary.reference.com/search?q=tautology

      tautology Audio pronunciation of "tautology" ( P ) Pronunciation Key (tô-tl-j)
      n. pl. tautologies
      1.
      1. Needless repetition of the same sense in different words; redundancy.
      2. An instance of such repetition.
      2. Logic. An empty or vacuous statement composed of simpler statements in a fashion that makes it logically true whether the simpler statements are factually true or false; for example, the statement Either it will rain tomorrow or it will not rain tomorrow.

    2. 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.

    3. 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
    4. 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.
    5. 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.

  2. "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.

  3. prior art by zenst · · Score: 5, Interesting

    Any old databse basicly gets data and hashed it to generate an internal index key, ie not the real data but a unique identifyer to said data. Now given that and this approach was even taught in my days at school and were talking 20+ years ago. So just counter sue for extortion/intimidation/blackmailing and stuff these IP wannabe's. People who try to enforce silly patents are worse than organised crime, because the law dont see them for what they are; Well at least for now. Things change, just need bigger loo paper to handle it.

  4. 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, Informative

      No, it's a real patent.

      But where the problem lies is that there's no requirement for the applicant to do due dilligence in seeking out prior art -- that's the job for the patent office. As many recent events have shown, they're not doing a very good job of it. So, the patent gets granted. Then it's a real pain to get it overturned, obvious prior art or not.

    2. 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.

  5. What?! by EMIce · · Score: 4, Funny

    You need a special table to make hash?

    Here is s simpler way -

    1) Powder dry herb
    2) Place in a jar of 90% isopropyl alcohol
    3) Shake vigorously for 2 minutes
    4) Strain, filter
    5) Evaporate on a plate over a source of steam
    6) Scrape up the goodies
    7) Profit

    1. Re:What?! by EMIce · · Score: 5, Funny

      Well, that was suppose to be anonymous. Ahh well.

    2. Re:What?! by eclectro · · Score: 4, Funny

      Well, that was suppose to be anonymous. Ahh well.

      The Dept. of Homeland security has just dispatched the black helicopters. Please get up from your hash table and exit your mom's basement with your hands on your head.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  6. I don't see how the patent attaches..... by idiotnot · · Score: 5, Informative

    What, from my reading, the patented technology does, is find dupes, and reassign the "truename." to the dupes, whether remotely or locally.

    For example, you have foo.txt. Someone copies foo.txt to bar.txt, without changing any of the data contained within foo.txt (it's some pretty piece of ascii art, just to keep you amused for a moment....).

    This thing would keep tables on the files, and when run, would go back and rename bar.txt to foo.txt if wanted, or could delete bar.txt if the user requested.

    But still, it's pretty obtuse. Even as someone with legal training, and a computing background, I had a hard time making out exactly what they were patenting.

    A link to the Washington Post article mentioned in the p2pnet article would be nice, too, if someone can find it...?

  7. Bullshit they are patenting the hash table... by Anonymous Coward · · Score: 5, Interesting

    Yet more evidence that reporters are idiots.

    When I did my own patent last year, part of the process involved the patent lawyer explaining how to read patent'ese. It's just like a programming language.

    Claim 1 - hashed files
    Claim 2 == Claim 1 && something else
    Claim 3 == Claim 2 && something else
    etc
    etc

    So claim 1 probably has no chance of being enforced whatsoever.

    However, claim 25 may be enforcable.

    "some incredibibly specific thing in the context of some bigger thing in the context of some bigger thing... etc... in the context of a bunch of hashed files"

    If they wrote it all in one claim, then it would only take the most minute difference to invalidate the whole thing.

    So they do this 1 && 2 && 3 etc etc thing so that they get real coverage.

    Nobody expects claim 1 to be upheld.

    Think of it as a giant complex regular expression on the field of computing.

    That said, it does appear like it's an attempt to create a blanket patent of the entire field of manipulation and distribution of hashed files, and so it's probably still qualifiable as a mugging :)

    But it's not an attempt to patent the hash table.

  8. 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"
  9. Prior Art coming out the ying yang by Gilesx · · Score: 4, Interesting

    When I was much much younger, I used to purchase a magazine - Micro User for my BBC Micro. For about 10+ years, this published code listings ever month. You typed in 500ish lines of code, and were rewarded with a game or a useful little utility.

    It was very frustrating to enter all of the code and not have the program run. Therefore, they introduced a checksum program. This ran on the code and gave you a string of digits back, which you could compare with the digits issued in the magazine. This was active from 1984 onwards, and most likely even before that.

    Prior art?

    --
    Sunday you're Thinking Different, Monday you're a huge tool, paying too much and waiting to think like everyone else.
  10. Proof of the overabundance of lawyers by Crashmarik · · Score: 5, Interesting

    I saw david Boies last night on Fox news talking about the fact that our justice system was broke. Even though he still didn't get it, he had to admit that it had serious problems. His scenario for effective jurisprudence was when large entities bought expensive lawyers or when poor people couldnt afford lawyers at all. He just didn't get the fact that large companies to wasting capitol on lawsuits is very bad for the whole economy and having poor people accepting rough justice is very bad for society.

    It doesn't matter wheather the patent is right or wrong, it doesn't matter how rediculous the tort, what matter is if it will generate collectible fees for a lawyer. If you are upset about rediculous government granted monopolies get upset about the monopoly on justice granted to lawyers. The fact that one of the most common tactics employed by large companies to eliminate competition is litigation to death should be enough for anyone to realize its time to do something.

  11. More information and prior art by Sanity · · Score: 4, Informative

    I started a thread on the P2P-Hackers mailing list abuot this, and a number of people have responded with examples of prior art and other relevant information. You can find the post that starts this thread here.

  12. Tripwire is prior art by kindofblue · · Score: 3, Informative

    There are certainly hundreds of cases of prior art, and Tripwire is probably one of them. It computes and maintains a database of hashes for all the files on a file system to check for intrusions and corruption. The wiki entry says it first surfaced in 1992.

  13. 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
  14. Good patents by johannesg · · Score: 5, Interesting
    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 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?

    I suspect we would never have given software patents a second thought, were it not for the countless abuses that were foisted on the world. In other words, the people getting the patents brought our rage down on themselves by being total asses about it. One-click patent indeed...

    I'd love to see a list of top-ten "good software patents". In other words, patents that meet (at least) the following criteria:

    - The patent is on software (duh).

    - The patent covers something not entirely obvious to an experienced programmer (the "five minute test": given the problem, could an experienced problem come up with a solution in less than five minutes?).

    - The patent represents an innovation, rather than a restating of previous known techniques (as this one appears to be).

    - The patent describes something that actually exists, as opposed to wishful thinking (like patents on artificial intelligence)

    And since everyone who is in favor of software patents mentions that the poor inventor spent so much of his time and resources, I'll also add:

    - The patent protects significant investment.

    To me the "five minute test" is the most important: any problem that can be solved in that time isn't worthy of a patent, and any patents in that category will only hamper development of the field as a whole. Maybe the patent office should have panels of experienced programmers who get five minutes to reproduce each patent, immediately invalidating it if they do? That would certainly cut down on a lot of crap...

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

    Is that the one where you learn that the USA became an industrial and economic powerhouse by shamelessly stealing every invention they could from Europe during its formative years, i.e. before it acknowledged any so-called intellectual property from other places in the world?

    1. 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.
    2. 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.

  15. 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