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Microsoft Researching Patent Law with New Experts

wikinerd writes "According to The Register, Microsoft seeks to hire new patent experts. In their words, patent experience itself "is helpful but not mandatory" and advance knowledge of patent law is not required. The applicants need only be Computer Science or Electrical Engineering PhD holders, without any qualification in law. They will be involved in prior art search, patentability research and technical analysis. The article outlines some of the most controversial MS patents, such as online bill payment."

139 comments

  1. When will we say "enough"? by Sheetrock · · Score: 2, Insightful
    Software shouldn't be patented. It shouldn't even be copyrighted or trademarked. There is such a short shelf life on software and software companies that the impact of denying access to techniques and logarithms effectively shuts out competition and fair use not only for the life of a product but well beyond, negatively influencing people well beyond the useful scope of any novelty that could possibly be discovered.

    One only has to look at the rampant achievements and success of Free Software and Open Source to see how much the rest of the industry is being held back by software patents and other "intellectual property" restrictions.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:When will we say "enough"? by Anonymous Coward · · Score: 0

      I don't think anyone has patented logarithms, in that case they might as well just patent taking powers as well.

    2. Re:When will we say "enough"? by Anonymous Coward · · Score: 0

      logarithms

      It's algorihtm, not logarithm. But it is quite the same in reality: a mathematics tool that should NEVER be patented ever.

    3. Re:When will we say "enough"? by Anonymous Coward · · Score: 2, Funny

      I didn't know the logarithm market was so cutthroat, I mean, who even knew there was a logarithm market? Base e, by the way?

    4. Re:When will we say "enough"? by pete6677 · · Score: 4, Interesting

      I don't know about you, but I'm not about to fund any massive development efforts if I have no recourse whatsoever should an employee of mine decide to sell my source code to a competitor. I agree that software patents in general are a bad idea, but there's no reason why someone should not be able to protect their proprietary work in any way, such as with copyrights.

    5. Re:When will we say "enough"? by Coneasfast · · Score: 2, Insightful

      Software shouldn't be patented. It shouldn't even be copyrighted or trademarked.

      That's like going to a murderer and saying killing isn't moral. Sure, it's true, but it ain't gonna do much.

      If patents pass in europe, i can predict it won't be as bad as in america. Corporate biggies like MS can easily put tons of money in useless crap.

      Heck, if the uspto accepts a patent on a bicycle filed in the year 2000, you know they'll accept any old crap from MS.

      --
      Marge, get me your address book, 4 beers, and my conversation hat.
    6. Re:When will we say "enough"? by Hope+Thelps · · Score: 3, Insightful

      Yes, copyright terms in general seem excessive and that's especially apparent in relation to software, but the general principal of copyrights still seems to be a good one.

      Basically, if free software takes off and provides all the software everyone needs then there would be no need to revoke copyright laws since they wouldn't be doing any harm. If free software doesn't provide everything but leaves gaps for proprietary systems to fill then we still need an incentive mechanism to ensure that those gaps are filled. Either way, there is no good argument for abolishing copyright protection completely. Reforming it in some ways, most notably in duration, would make sense.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    7. Re:When will we say "enough"? by eviloverlordx · · Score: 1

      Software shouldn't be patented. It shouldn't even be copyrighted or trademarked. There is such a short shelf life on software and software companies that the impact of denying access to techniques and logarithms effectively shuts out competition and fair use not only for the life of a product but well beyond, negatively influencing people well beyond the useful scope of any novelty that could possibly be discovered.
      One only has to look at the rampant achievements and success of Free Software and Open Source to see how much the rest of the industry is being held back by software patents and other "intellectual property" restrictions.


      Is that you Mr. Stallman?

      --
      'Loose' is when your pants are three sizes too big. 'Lose' is when you misuse 'loose'.
    8. Re:When will we say "enough"? by Legodude522 · · Score: 1

      What happened to windows 3.1. I know it sucks but ut should be free. I used to be a hardcore win3.1 in 2000-2001. You might thing I'm stupid but I just like old stuff and it was on an old computer i had.

      --
      Because I have low karma, I need pills.
    9. Re:When will we say "enough"? by Anonymous Coward · · Score: 0

      Hmm... "trade secret" laws? Because, really, it would be no different if your employees stole a cool new wizmogadget your company was developing and sold it to some other competitor.

      Deal with it.

    10. Re:When will we say "enough"? by Anonymous Coward · · Score: 0

      I'm pretty sure the patent on logarithms has expired.

    11. Re:When will we say "enough"? by Anonymous Coward · · Score: 0

      most free and open source software is copyrighted. The author gets to keep the copyrights.

    12. Re:When will we say "enough"? by Dunbal · · Score: 1

      I don't think anyone has patented logarithms

      No but you can bet that they patented the algorithm to come up with the logarithms tho...

      --
      Seven puppies were harmed during the making of this post.
    13. Re:When will we say "enough"? by al912912 · · Score: 1

      that the impact of denying access to techniques and logarithms effectively shuts out competition and fair use not only for the life of a product but well beyond

      I didn't know that I could stop competition by using logarithms.

    14. Re:When will we say "enough"? by aichpvee · · Score: 0

      And in fact we need copyright laws to protect open source software. Otherwise someone would steal it and find some way to roll it into a proprietary package of one sort or another.

      --
      The Farewell Tour II
    15. Re:When will we say "enough"? by black+mariah · · Score: 0, Insightful
      Is that you Mr. Stallman?
      Of course not. Stallman actually LIKES copyright (except for the length of the term, AFAIK) since it's basically what keeps the GPL from being moot. Without copyright, there is no Free software.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    16. Re:When will we say "enough"? by Rageon · · Score: 1

      Even if you have a point, the bottom line is that our current government system will never decide to stop providing at least some type of protection for software. So, which would you choose, a 20 year patent, or indefinete copyright? And regardless, if I HAD to choose a better method, I'd say that software fits better into patent than copyright anyways.

    17. Re:When will we say "enough"? by Moderatbastard · · Score: 0
      Base e, by the way
      Trademark infingement! Trademark infringement! That sounds a bit like e-bay. You now owe them 20 squillion dollars.
      --
      1/3 of jokes get modded OT. If you get the joke, mod 1 in 3 insightful/interesting/underrated to restore karma balance.
  2. patent expert need not be familiar with patent law by de1orean · · Score: 3, Funny

    in other news, war is peace, hate is love, and microsoft ROXXORZZZZZ.

  3. heh by sandstorming · · Score: 3, Funny

    And soon microsoft shall hold patents to errors, bugs, patches and security updates.

    1. Re:heh by johannesg · · Score: 1
      It isn't even a bad idea: "method for making customers upgrade"

      "1: the invention contains a number of flaws that deteriorate over time, eventually coercing the customer to upgrade to a new version." etc. etc.

      Just imagine: you could sue anyone who creates a software product that has bugs in it!

    2. Re:heh by techno-vampire · · Score: 1

      Maybe they could patent FUD, then sue SCO for infringement?

      --
      Good, inexpensive web hosting
    3. Re:heh by devilspgd · · Score: 1

      No -- You couldn't sue, Microsoft could sue any competitor as soon as the competition released a product with anything resembling a bug.

      Microsoft, however, would be free to continue releasing buggy software to their hearts' content.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    4. Re:heh by johannesg · · Score: 1
      You couldn't sue, Microsoft could sue any competitor as soon as the competition released a product with anything resembling a bug.

      The idea was, of course, that I would get that patent and sue Microsoft instead.

      They will find it hard to argue prior art, unless of course they can cough up some corporate memo describing exactly this strategy. Wouldn't that be just great?

      Arguing that bugs are accidental rather than by design doesn't matter for patents. Besides, accidental theft of my invention is still theft - they should just be more careful or face the consequences ;-)

  4. MS Domination by st3v · · Score: 1

    This is one step to a Microsoft-dominated Tech Marketplace. Soon Microsoft will find every loophole there is to drive out competitors.

    1. Re:MS Domination by creysoft · · Score: 2, Interesting

      As opposed to... what, exactly?

      It's already a Microsoft-dominated Tech Marketplace. Microsoft already uses every loophole there is to drive out competitors. It's not a step toward anything. They're just doing what's necessary to protect their investment.

      Meanwhile I, and other open source developers, are doing what's necessary to make sure their investment was a bad one.

      --
      Formerly GNU/Anonymous Coward. This message has been determined to cause cancer in laboratory animals.
  5. Help Wanted Ad by bigtallmofo · · Score: 2, Funny

    "Microsoft, the world's largest software company is seeking all manner of Patent Attorneys with Freakin' Lasers on Their Heads to assist with plans of world domination."

    --
    I'm a big tall mofo.
  6. Killer Patent Idea by CheeseburgerBlue · · Score: 3, Funny

    "Application for a patent that covers the act of patenting software intellectual property."

    That that, logic!

    1. Re:Killer Patent Idea by Anonymous Coward · · Score: 0

      I think Microsoft has prior art on you...

    2. Re:Killer Patent Idea by MightyMartian · · Score: 1

      > I think Microsoft has prior art on you...

      I just patented the alphabet. I'll kindly ask you to type in some other writing system or purchase a license.

      This will be your only warning.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:Killer Patent Idea by Anonymous Coward · · Score: 0

      I patented giving an only warning. You owe me $122.22 per person who has read your post

    4. Re:Killer Patent Idea by sp3tt · · Score: 1

      Phew, you can't sue people who violated patents before they were approved. Otherwise I would have been broke by now. Oh wait. Fuck.

    5. Re:Killer Patent Idea by MightyMartian · · Score: 1

      I have patented fucking. Please cease and desist from sexual intercourse immediately.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  7. yuppers... by radiumhahn · · Score: 1, Funny

    looks like the classic "If you can't work with them then work around them" trick. 2nd only to "If it aint solved throw more money at it."

  8. and if this round doesn't work by ChipMonk · · Score: 1

    They'll keep hiring new patent "experts" until they get the answers they want.

    1. Re:and if this round doesn't work by Anonymous Coward · · Score: 0

      Why not grab the job, do a shitty performance (except for acting) then using that money to support FOSS?

  9. What's the big deal? by mrighi · · Score: 5, Insightful

    As much as I like to poke fun at Microsoft, I don't see anything wrong with this job posting.

    Performing a prior art search requires 95% technology knowledge and 5% patent knowledge. The little patent knowledge their employees will need I'm sure they'll learn on the job. Come on, we've all sold ourselves during job interviews as being "fast learners."

    In my opinion, this is just a silly reason to ridicule Microsoft.

    1. Re:What's the big deal? by CosmeticLobotamy · · Score: 2, Funny

      Come on, we've all sold ourselves during job interviews as being "fast learners."

      Oh. Is that what you guys have been doing? That's so much better than the "I'm the best an asshole like you is gonna be able to get," that I've been using.

    2. Re:What's the big deal? by radiumhahn · · Score: 1

      You're right! There is nothing wrong with the job posting. It's the agenda behind the job posting that is suspect. In this particular case the problem is their past track record with respect to respect other companies' IP.

    3. Re:What's the big deal? by computational+super · · Score: 1

      I'm kind of with you, here - it seems to me that they're actually trying to take a measured, reasonable approach to software patenting by making sure that they're not stepping on anybody's toes. They're doing this to CYA (such that Y=T), but it seems like, if there are going to be software patents, this is a good thing.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    4. Re:What's the big deal? by DeepHurtn! · · Score: 2, Interesting

      I'm curious too. What is their motivation here? Do they gain any sort of legal benefit out of being able to point to dedicated prior art researchers? I mean, they're spending the money -- why?

    5. Re:What's the big deal? by freemacmini · · Score: 1

      What's wrong with this job posting is that it means MS is gearing up for a patent assault.

      It's not good news for OSS.

    6. Re:What's the big deal? by mzwaterski · · Score: 1

      I'd imagine that they plan to be searching through prior art before they try to license or sue another company. Its a painful process to get all ramped up to litigation only to find that your opponent is holding a crucial piece of art. With the number of patents that Msft holds, it surely is a full-time job to try to attend to this work.

  10. Trademark software by exp(pi*sqrt(163)) · · Score: 1

    How would that work? Would you have all your source code printed really small in a pretty logo which you register with the proper authorities?

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  11. I can do that job by peragrin · · Score: 3, Funny

    I promise not to look for prior art or question the validity of any mouse click you want patented.

    I wont be bothered to see if anyone else is even trying to do something similar, and will push to patent using keyboards to input data, using a pen on the screen to push objects, and even patent running software on something called a processor.

    --
    i thought once I was found, but it was only a dream.
  12. Cool by iminplaya · · Score: 2

    Maybe they'll patent their vulnerabilities so it will be illegal to exploit them. That'll make Windows secure. Kind of like what the cel phone industry did to full spectrun scanners. They had them banned instead of providing secure communications for their customers.

    --
    What?
  13. My guess by Anonymous Coward · · Score: 0

    is Microsoft wants to research technology they may have been first at, find patentable processes and then attack Linux with those. It seems MS has a lot of patents that could be easly reversed on the grounds of prior art or obviousness. I think they are searching for the silver bullet patents.

  14. s/that/take by CheeseburgerBlue · · Score: 1

    Also: a patent for type-os.

    1. Re:s/that/take by typobox43 · · Score: 2

      Sorry, I'm your prior art there.

  15. If Patent Experts Need Not Know Patent Law by The+Journalist · · Score: 1

    Does that mean I can be a criminal lawyer and not know criminal law?

    1. Re:If Patent Experts Need Not Know Patent Law by Austerity+Empowers · · Score: 1

      No, it means you can be a criminal [expert] and not know criminal law.

  16. Re:1st by Anonymous Coward · · Score: 2, Funny

    And you seem to have the same skillset as the current Patent people..

    Pre-exisiting posts..! ;)

  17. must be willing by Anonymous Coward · · Score: 0

    must be willing to trade in your humanity in service to the dark lords.

    skum. must be skum.

  18. What PhD would do this? by 314m678 · · Score: 4, Insightful
    Why would anyone devote the 10 years of intense study to become a PHD in a hard science like CS or CE just to do research to see if something someone else has done is similar to something that someone else has already done.


    Wanted: PHD in physics to serve fast food through drive through window.

    1. Re:What PhD would do this? by Austerity+Empowers · · Score: 1

      Those who can do, do. Those who can't become professors, those who can't pretend to teach become lawyers.

    2. Re:What PhD would do this? by Anonymous Coward · · Score: 0

      PHD = Post Hole Digger

    3. Re:What PhD would do this? by DeepHurtn! · · Score: 1

      [tinfoil hat]Maybe it's really a part of R&D. Maybe these experts are meant to trawl through forgotten code and whatnot with an eye towards implementing it in MS products and try to patent it themselves.[/tinfoil hat]

    4. Re:What PhD would do this? by aichpvee · · Score: 0

      Maybe their job just got offshored and they're desperate?

      --
      The Farewell Tour II
    5. Re:What PhD would do this? by fsgtae · · Score: 2, Insightful

      A PhD who wants to eat.

    6. Re:What PhD would do this? by MerlinTheWizard · · Score: 2, Insightful

      Just because he would earn 10 times more money than he would in a scientific/engineering job.

    7. Re:What PhD would do this? by Anonymous Coward · · Score: 0

      You have no idea what it takes to
      become a tenured professor at a
      major research university.

    8. Re:What PhD would do this? by sepluv · · Score: 1

      That's probably not so true of higher education lecturers. For further and high school that is probably usually true.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  19. Interesting by Pan+T.+Hose · · Score: 3, Interesting

    Condidering the fact that getting a PhD in CS and EE is fairly easy these days, we should expect a lot of idiotic "methods and aparatii" from those new kids. Then couple of frivolous lawsuits against small corporations as a testing ground and finally against free software will follow during the next decades (probably some easy target, ala bnetd, so people will boycott Microsoft for few ours and then start buying new products, like with Blizzard) but it will result in very bad PR and counterclaims from IBM so the practice will probably be terminated after two (three at most) low-priority lawsuits from the top levels of the management, those new kids will get fired and everything will go back to normal. It will be certainly interesting to watch, but devastating to the US industry which will obviously benefit EU who will rather choose progress than software patents. It will mean stronger domination of Microsoft in the US and weaker in Europe. That of course means that it is a good time to buy stock of SuSE and Mandrake, and sell Red Hat.

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
    1. Re:Interesting by Anonymous Coward · · Score: 0

      In other news, a major hospital advertised for the position of "surgical expert". Previous experience in surgery is a plus, but not strictly necessary, and they will be accepting anyone with a bachelor's degree in biology or sociology.

    2. Re:Interesting by metlin · · Score: 1

      > Condidering the fact that getting a PhD in CS and
      > EE is fairly easy these days

      Nice troll, but I'll bite.

      It's easy, but depends entirely on your school & your advisor. I'm fairly certain that places like Stanford or Caltech aren't gonna let you wrap up your PhD in anything less than 5+ years. And that too, not before making sure you worked your butt off.

    3. Re:Interesting by MasterB(G)ates · · Score: 1

      I'll bite too.

      I spent 4+ years, 80k words (not including rewrites), major stress attacks and had no money to get my PhD. It was not fucking easy.

      --
      In the Slashdot moderating system, humourless based offenses are considered especially heinous.
    4. Re:Interesting by Anonymous Coward · · Score: 0

      I'm quite sure that if you prove either P = NP, or P != NP, Stanford or Caltech will let you graduate with a PhD in fairly short order (the class requirements would be the issue).

  20. IP law is very different by plopez · · Score: 4, Interesting

    I hope some of the real lawyers that read this site can confirm or discredit this.

    Anyway, a friend of mine who happens to be a lawyer, when I asked what she knew about IP law stated that is so different from other types of law it has its own bar exam. Unless you actually pass that exam you are not really qualified to work on IP cases or to give legal advice. She said she will not touch IP law in any form because, in effect, it would be malpractice (I, of course, was hoping for some free advice :). Lawyers who work on IP issues tend to be very specialized and the firms they work for tend to be specialized as well.

    I have to wonder if by hiring unqualified people MS is heading for lots of problems.

    --
    putting the 'B' in LGBTQ+
    1. Re:IP law is very different by RootsLINUX · · Score: 1

      I'm not 100% certain, but I believe I heard this somewhere before too. My senior design professor (for computer engineering) actually encouraged any of us who were planning to be lawyers to work to put an end to the patent madness. In class he showed us a patent that some young punk made for caller ID or something, then re-constructed the device in the patent and showed us that it didn't work at all.

      --
      Hero of Allacrost, a FOSS RPG for *NIX/*BSD/OS X/Win
    2. Re:IP law is very different by oconnorcjo · · Score: 1
      when I asked what she knew about IP law stated that is so different from other types of law it has its own bar exam. Unless you actually pass that exam you are not really qualified to work on IP cases or to give legal advice. She said she will not touch IP law in any form because, in effect, it would be malpractice

      What I know is that:

      1. you don't have to be a lawyer to file a patent.

      2. you don't need to be a lawyer to do research on prior art.

      3. you don't even have to be a lawyer to work in the patent office.

      I get the impression that they are asking for help in working through the paperwork of the patent mill they have started up. I think what they are doing is morally wrong but not legally wrong.

      --
      I miss the Karma Whores.
    3. Re:IP law is very different by angle_slam · · Score: 3, Informative
      Well, you shouldn't use the generic term "IP". IP encompasses many different areas of law, including patents, trademarks, and copyrights.

      There is a separate exam to become admitted to the Patent Bar. You can get more information at the PTO website. You do NOT have to be a lawyer to take the Patent Bar Exam. If you pass it and are not a lawyer, you are called a "patent agent." If you pass the patent bar and are a lawyer (admitted to practice law in any state or D.C.), then you are called a "patent lawyer." In order to take the patent bar exam, you must have a technical degree (engineering, science, etc.) Detailed info is linked to above.

      To file a patent, unless you are the inventor, you have to be admitted to the patent bar (patent agent or patent lawyer).

      There are no such restrictions on copyrights or trademarks. However, you need to be an attorney to file trademarks on behalf of another. (I don't know about copyrights).

      For litigation purposes (suing other people for patent infringement), you have to be a lawyer, but you do not have to be admitted to the patent bar. You only need to be a patent lawyer to prosecute (obtain) patents.

    4. Re:IP law is very different by odin53 · · Score: 2, Informative

      Your friend may have been a bit hyperbolic. :) First of all, IP issues in general come up very often in a non-IP lawyer's work: it comes up when a company is trying to hire somebody, when a company wants to purchase or license a product from someone, when a company wants to merge or acquire another company, etc. etc. These things happen all the time. Though we non-IP attorneys would never give anyone IP advice of the sort that addresses whether something is protectable or infringing, we do deal with IP issues a lot without having to punt to a patent attorney.

      That said, the practice of drafting and prosecuting patent or trademark applications and challenging validity/claiming infringement of granted patents or trademarks does involve specialized knowledge, and in fact there is a special "bar" exam that is required to be taken in order to practice before the US Patent and Trademark Office (which handles all that stuff). However, the "patent bar" doesn't make you a lawyer; you still have to take a state bar exam in order to be licensed as a lawyer. In other words, you can't be a patent attorney practicing in front of the USPTO without having passed BOTH the patent bar and your state's bar exam.

      Note though that you don't need a law degree to do IP stuff in front of the PTO -- registered patent agents, as far as I know, only need a bachelor's degree (with sufficient science background). In order to be registered, they must take the same patent bar as aspiring patent attorneys, and if they pass they can draft and file patent applications, just like a patent attorney would be able to. They can't go to court, of course, and so can't litigate patent validity, but a lot of law firms that specialize in IP (an ever-thinning population, nowadays) have lots of patent agents to file and prosecute patent applications.

      Also, not all IP litigation is before the USPTO, so not all "IP attorneys" need to have passed the patent bar. I have some friends doing IP litigation who aren't patent attorneys.

  21. there is no silly reason to ridicule MS by Anonymous Coward · · Score: 0

    they're all valid.

  22. And when you can't innovate... by Anonymous Coward · · Score: 5, Insightful

    Litigate.

  23. Getting it backwards? by Zocalo · · Score: 2, Interesting
    I think maybe someone has the wrong end of the stick here. Microsoft's job ad states quite clearly that wants these people for the purpose of hunting for prior art. What possible use is that in the filing of patents when the accepted practice is to file anyway and let the USPTO and (if necessary) the courts decide whether it's valid or not.

    I think it's far more likely that the purpose of these new employees is to help Microsoft invalidate patents that may be used against it such as the bogus Eolas patent a few months back. That of course begs the question, why do they think that this is going to be an issue since they also think that software patents are such a good idea? Unless, perhaps, they *know* they are invalidating patents, are afraid they will get sued and feel that the best defense is a good offense...

    --
    UNIX? They're not even circumcised! Savages!
  24. Here's my bet by Anonymous Coward · · Score: 0

    I believe you're exactly spot on.

    I'll take it one step further, and wager that they only reason why Microsoft hasn't attacked Open Source projects with Patent Infringement is because they want to get the laws passed in Europe before they launch their attack.

    They've bribed their way into getting Software Patents passed in India, and Europe is the only thing remaining.

    Sadly, it looks like Europe will soon pass these laws themselves shortly.

    Once Europe goes, watch out.

  25. Not an attractive job by batemanm · · Score: 2, Interesting

    I recently finnished reviewing a few patents because of a grant application I've made, they were mainly to do with commercial detection routines some of which have expired so the free PVR guys might want to have a look at those :-). They are the most boring and badly written crap that I've ever seen. The entire purpose is to make sure that you can't understand what the hell is going on in them. The patent lawyers make sure they are as broad as possible just to see if they can get away with it, I ask my patent lawyer about that and she confirmed it. They are annoying and sometimes very sparse on the technical details so you just have to guess what is meant. I don't think that reviewing patents is a job that I could do for very long while staying sane.

    1. Re:Not an attractive job by Anonymous Coward · · Score: 0

      Care to put what you found on gauss?

      http://gauss.ffii.org/

      (disclaimer: site under developement)

      The european Alnet patent has some comments already:

      http://gauss.ffii.org/View/EP826181/Comments

      You can find european equivalents here (we have not implemented that yet on gauss).

      //Erik

  26. Don't be silly by Anonymous Coward · · Score: 2, Insightful

    "but I'm not about to fund any massive development efforts"

    Don't be silly.

    Nobody funds R&D development just to find clever algorithms.

    Here's how 99% of all software (by volume) is coded:
    You work for a company. They say, "Bobby, we need you to write a front end to the payables system".

    So you code it, and if you're a programmer with half-a-brain, you come up with a few twists that make it run better/faster/nicer. The code is never sold, or used outside of your company. It exists, and probably nobody will ever see the code again except some 1st year puke out of college. And the world goes on.

    To imply that something this guy did in a day is worthy of an entirely new set of legal protections is to show a stunning ignorance of how software is developed.

    So to answer your diatribe, you aren't funding a search for new patentable software, you're simply trying to solve a problem. Therefore if software cannot be patented, you'd still have to solve the problem.

    Oh, and to put the final torpedo in the burning hulk you call an "argument", the bulk of innovative software was developed before software patents were allowed. Software patents have be in force for probably around 10 years, and the software world has had a stunning lack of innovation in that time.

  27. large companies like ms have to patent by Anonymous Coward · · Score: 0

    otherwise they run the risk of releasing something or developing something and then years later some nitwit coming along and demanding millions of dollars from them for some detail he claims to have invented a decade ago. we've seen it multiple times. i dont think anyone should complain until they actually tries to enforce a frivilous patent, ie amazon suing barnes and noble for their "one click sale", etc.

    1. Re:large companies like ms have to patent by psykocrime · · Score: 1

      otherwise they run the risk of releasing something or developing something and then years later some nitwit coming along and demanding millions of dollars from them for some detail he claims to have invented a decade ago. we've seen it multiple times.

      That wouldn't be an issue if we just eliminated software patents altogether.

      --
      // TODO: Insert Cool Sig
    2. Re:large companies like ms have to patent by Anonymous Coward · · Score: 0

      well, thats not the case at the moment so they have to protect themselves. and i was referring to all patents in general i suppose, both physical and software.

  28. Fix it MS! by Skiron · · Score: 1

    Why don't Microsoft patent spam, trojans, viruses, malware, spyware and genomes of script kiddies. That will send shivers down the spines of the miscreants, and we will all be FREE of the crap :)

  29. Not at the US Patent office it doesn't! by Anonymous Coward · · Score: 0

    "Performing a prior art search requires 95% technology knowledge and 5% patent knowledge."

    At the US Patent office, prior knowledge apparently accounts for... at best... 1% of the entire process. In fact, I think they stopped looking at prior art, because it turned out that you'd have to reject every software patent if you start taking into account that every piece of software is derivative.

    1. Re:Not at the US Patent office it doesn't! by aichpvee · · Score: 0

      Also, the rubber stamp pad is cheaper than actually looking anything up.

      --
      The Farewell Tour II
    2. Re:Not at the US Patent office it doesn't! by mzwaterski · · Score: 1

      Hm, I guess you aren't very familiar with the process then. Perhaps you'd like to actually prosecute a patent before you comment. I have yet to see a patent proceed to issuance without at least one piece of prior art being cited. Almost as rare is a case that does not generate at least one office action before moving to allowance. Where do you get your information?

    3. Re:Not at the US Patent office it doesn't! by Anonymous Coward · · Score: 0

      From Amazon.

      Apparently, they got a patent whereby you click on a button, and they sell you something.

      That's pretty f'in innovative. They must have spent billions....or even millions developing it!

  30. I fail to see... by catdevnull · · Score: 3, Funny

    I fail to see how this differs from any of their own in-house attitudes towards patents, prior art, or the property of others.

    It's kind of like the Mafia putting out an ad that looks like this:
    Wanted: Large, ugly males of Italian/Sicilian heritage.
    Duties include helping proprietor(s) enforce business agreements.
    No business degree/experience required.
    --

    I might know what I'm talkin' about, but then again, this is Slashdot...
  31. Patent for a bicycle? by clem.dickey · · Score: 2, Informative

    The worst thing about the bicycle patent is its name. It's not a bicycle, it's an exercise machine with a single flywheel. The novel aspect is the pedals - they are independent of one another rather than being connected by a crankshaft.

  32. Copyright is fine by IBitOBear · · Score: 2, Insightful

    There is nothing wrong with software copyrights because copyrights only cover that very literal piece of code and only factor in when that code has been copied. So if the code goes stale because of its short shelf life, then it doesn't matter if it cannot be copied.

    Remember, with copyrights, if you write a program and I write one "just like it" that isn't _actually_ it, then there really isn't a conflict. Especially if there was no way I ever saw your code.

    Also, you don't "own all code like yours" when you hold a copyright.

    Software patents are bad because they grant a realm of control that extends beyond the scope of what you created (or might have thought about creatring) to give you dominion over all things kind-of like your theoretical thing. That's bad in the extreme.

    Copyright is useful for software, and will remain so as long as we don't end up in the "copyrighted space" bull-pucky. (e.g. you can't take picutures in this public park without a paid permit because the sclupture is copyrighted, which is the bull actually happening of late.)

    What *isn't* good is the ability to "copyright" "look and feel" (remember that old evil phrase?) because that becomes copyright of general concept, which is just erzats patenting but for longer terms.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  33. Sounds like fun is a comin'! by erroneus · · Score: 2, Interesting

    If I were to guess about what is about to come about, I'd say they are about to make some tests for their patents to see how well they will stand up against counter claims to invalidate their patents when they start lawsuits for usage.

  34. I'm not sure that's what's going on here... by boy_asunder · · Score: 2, Interesting

    This isn't just useful to ensure they aren't infringing. That's even kind of hard, because you're dealing with a huge space of potential patents.

    What's useful about hiring a bunch of people to look for prior art is when you're trying to invalidate a patent being cited against you. Then you have a specific set of claims for which you can search for prior art. Of course, in the end, I like this, because it means stupid crappy patents will get weeded out by being invalidated at trial (if things go to trial rather than just being settled). Unfortunately, not everyone can afford to hire an army of people to do searches like this, so it's not the most efficient method...

    1. Re:I'm not sure that's what's going on here... by Anonymous Coward · · Score: 0

      I'm sure this will only be used on patents owned by current enemies of MS. Stupid patents MS holds and will register won't go thru this process.

  35. Microsoft "does no evil" once in a while by mshawatmit · · Score: 2, Interesting

    I've been a lurker here for a few months, and while there's sometimes really intelligent stories, why is it that anytime someone mentions Microsoft we feel they've done something wrong?

    Shouldn't we be happy that they're hiring PhD's to do their patent work, and not patent lawyers with no understanding of computer science?

    And, after all, what is so evil about Microsoft? All that money that they make (mostly off of large corporations) does end up in the Bill and Melinda Gates Foundation; yes, charity. I don't like IE anymore than the rest of you, but sometimes their corporation does no evil, same as google. Like them or not, software patents encourage incredible innovation in the field. You may be willing to release your source to the world, but for some, profit is a motivation. Would you rather that they left computer science entirely?

    An open eye to the world, even to Microsoft, is never a bad idea. Disclaimer: I use firefox on Red Hat. I'm no great fan of Microsoft products either.

    1. Re:Microsoft "does no evil" once in a while by psykocrime · · Score: 2, Insightful
      Like them or not, software patents encourage incredible innovation in the field.

      No they don't. Software patents are an anathema to innovation. Think about the case of solo inventor who comes up with what he believes is a brilliant new concept in software. If he wants to start a new business, and take his idea to market, he has a few choices: file for a patent himself, or go to market without a patent. If he does the former, it's going to take considerable money and time, which he may not have. And even if he gets a patent on his invention, he still most likely can't win a protracted court battle with some multi-billion dollar behemoth of a corporation, if they feel threatened by his idea and decide to squash him out of business. If he goes to market without a patent, well... most of the above still applies. He can still easily be squashed out of business and sued into bankruptcy by EvilCorp.


      Net-net, many people who have what could be a hugely profitable idea if developed, will choose to just sit on it, rather than take a chance on developing a business, fighting lawsuits, etc. In the best case, the solo inventor files for an receives a patent, and then sells it for a modest gain. Whooohoo, way to encourage innovation.

      It works against big companies with huge research budgets as well. If I'm company A, and I am considering whether or not to invest X million dollars in research over the next Z years for something radically new... My motivation to do so is tempered by the possibility that competitor B is doing the exact same thing, without my knowledge.. and if they get their patent application in one day before mine, we're now shut out of the market for that idea, despite investing X million dollars in research. Whoohoo, way to encourage innovation. Patents make funding research an incredibly risky proposition.

      Now of course we see that some innovation does occur, even though we have software patents. But my contention is that we would get a lot MORE innovation without - especially from small companies & solo inventor / researchers.

      Bottom line, IMHO, we'd be better off eliminating software patents, and let companies compete on their execution, not on the basis of an artificial, government granted monopoly.

      And remember, even in the absence of patents, you could still choose to keep your methods, ideas, etc. secret. Which means your competitors would have to spend money, time and effort to reverse engineer your product, giving you an advantage. And by being the innnovator, first to market, etc., you have some automatic advantages over the competition.

      --
      // TODO: Insert Cool Sig
    2. Re:Microsoft "does no evil" once in a while by Anonymous Coward · · Score: 0
      And even if he gets a patent on his invention, he still most likely can't win a protracted court battle with some multi-billion dollar behemoth of a corporation, if they feel threatened by his idea and decide to squash him out of business.
      Of course, you have loads and loads of stories at your fingertips that show the all large corporations do is sue the little guys out of business because they feel threatened, right?
    3. Re:Microsoft "does no evil" once in a while by KontinMonet · · Score: 1

      ...Like them or not, software patents encourage incredible innovation in the field...

      Please, please, post one credible link stuffed with quality facts that proves this assertion.

      I have asked for this information many times and have received not one single reply. In fact, all the info I've seen on patents and especially software patents, always show the opposite.

      --
      Did he inhale?
    4. Re:Microsoft "does no evil" once in a while by psykocrime · · Score: 1

      Of course, you have loads and loads of stories at your fingertips that show the all large corporations do is sue the little guys out of business because they feel threatened, right?

      Doesn't matter if I do or not. The perception of the threat is there, and that's all that matters.

      And again, I'm not saying that we have zero innovation now (which would obviously be untrue), but I believe that innovation suffers due to the existence of patents. Patents are a bad idea if you believe in the idea of intellectual property anyway.

      Since two people can have an idea at the same time, and independently of one another, we can only conclude that "intellectual property" is unique from physical property in that it can be shared in a way that physical property can't. I.e., I have the brick or you have the brick, we can't both physically posess it at the same time. But two people can have the same idea at the same time. So with the existence of patents, I stand to be denied the chance to use my property (the idea) if somebody else is awarded a patent on it, despite the fact that they had no particular claim to it belonging uniquely to them.

      And since it's always wrong for the government to take property from sovereign individuals, patents are wrong in principle.

      So patents are bad for business, and wrong in principle. Somebody remind me again why anybody is defending their existence?

      --
      // TODO: Insert Cool Sig
    5. Re:Microsoft "does no evil" once in a while by Anonymous Coward · · Score: 0
      Wow. The perception of a threat of someone carrying a gun to blow me away is there, that doesn't make it OK to keep law-abiding citizens from owning guns (notice LAW-ABIDING -- criminals will already have them). The perception of a threat of someone carrying a BASEBALL bat to beat me senseless exists too. There are lots of perceived threats that exist that don't necessarily materialize.

      It's also highly unlikely that two individuals have the same idea at the SAME TIME. Even the same day is unlikely. First one to patent it gets it. First come, first serve.

      Regarding sovereign individuals, please show me a single individual who is sovereign. Besides a king or a prince. Yeah, go to dictionary.com and look up "sovereign", and you'll see:

      1. One that exercises supreme, permanent authority, especially in a nation or other governmental unit, as:
      A. A king, queen, or other noble person who serves as chief of state; a ruler or monarch.
      B. A national governing council or committee.
      2. A nation that governs territory outside its borders.
      If you take out the word "sovereign" from your reply, then it's just wrong for the government to take property from individuals. If this were the case, you wouldn't have a lot of the roads and municipalities that exist because there are always a few people who don't want to sell. The governmant CAN take property from individuals. To take your "always" word along some more, it also confiscates and even sells homes and cars and other stuff seized from criminals. I see nothing wrong with that. Furthermore, rights to property are already governed by the govenments. This is why people have titles and deeds to cars, land, etc... Intellectual property is another form of property that the government gives sole ownership to an individual in the form of a patent.
    6. Re:Microsoft "does no evil" once in a while by psykocrime · · Score: 1

      Wow. The perception of a threat of someone carrying a gun to blow me away is there, that doesn't make it OK to keep law-abiding citizens from owning guns (notice LAW-ABIDING -- criminals will already have them). The perception of a threat of someone carrying a BASEBALL bat to beat me senseless exists too. There are lots of perceived threats that exist that don't necessarily materialize.


      Right, but none of that has anything to do with what I said. My point was that the perceived threat (of someone else getting the patent first) does have an effect on the behavior of other potential inventors. An analogy would be you choosing to carry a gun for self-defense, due to the perceived threat of the guy with the baseball bat.

      It's also highly unlikely that two individuals have the same idea at the SAME TIME. Even the same day is unlikely. First one to patent it gets it. First come, first serve.

      The exact timing isn't really the issue, it's the independence. If you have an idea, and I have the same idea independently, then it either belongs to either of us, or neither of us. Just because your patent application gets to DC first doesn't mean you should have a monopoly on the idea now.

      Regarding sovereign individuals, please show me a single individual who is sovereign.

      Look in the mirror.


      If you take out the word "sovereign" from your reply, then it's just wrong for the government to take property from individuals.


      It IS wrong for the government to take property from individuals. 100% wrong. You almost couldn't make up an idea what's MORE wrong.

      If this were the case, you wouldn't have a lot of the roads and municipalities that exist because there are always a few people who don't want to sell.

      Yeah, and? It's their property, if they don't want to sell then you can take your road somewhere else. Or you can up your buying price. Most people DO have a price, in reality. Price is too high you say? I say that's the free market at work, deal with it.


      The governmant CAN take property from individuals.


      Well when they come to take mine, they better pack a lunch. And plenty of ammunition.


      To take your "always" word along some more, it also confiscates and even sells homes and cars and other stuff seized from criminals. I see nothing wrong with that.


      If the criminal got their "due process" then that's a different issue.

      Furthermore, rights to property are already governed by the govenments. This is why people have titles and deeds to cars, land, etc...


      If you own something, you own it. Titles are just a convenience. And there's no special reason they have to be regulated by the government. The only reason the government requires you to register your title(s) with them is so they can meddle in your life that much more.


      Intellectual property is another form of property that the government gives sole ownership to an individual in the form of a patent.


      Which means that if someone had/has the same idea independently, the goverment is depriving them of the use of their property. This is just as wrong as them coming and taking your house or your land.

      --
      // TODO: Insert Cool Sig
  36. The hammer is math. by Anonymous Coward · · Score: 0

    You are the nail. Tap. Tap. Tap. Fulcrum, lever, alloys. It's all math in semiconductor MR gates.

  37. And in the future... by mikael · · Score: 1

    Other recent filings include attempting to patent the "y-axis", the "IS NOT" operator in Basic, interactive test feedback, and reading ahead 20 records at a time in a database, when the user clicks the Previous or Next buttons.

    I'm surprised they haven't already patented the use of the Q-dimension to predict future technology developments.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  38. Maybe they should think about patenting... by MerlinTheWizard · · Score: 1

    ... the concept of security holes. :D

  39. There's no patent office in Borneo. by Anonymous Coward · · Score: 0

    Precious little soft-ovation there. Send your wisdom there. In fact, go there. Please, please, please!!!!! yOUPR HURING MY SIDE. MY SIIIIDE!!
    Okay with you?

  40. Maybe money. by KarmaBlackballed · · Score: 3, Insightful

    I know a Physics PhD that took a position about 10 years ago with a large IP law firm. He did it for the money. From what he described of his job, it sounded like a paralegal position where his specialty is to look at the science of patent applications. I imagine law firms have a need for specialized paralegal services in other areas too, such as medicine, etc; evidently, software too. Lawyers can't know everything.

    In the end, the lawyer moves the paper and puts on the public face. The paralegals do the grunt work and directed research behind the scenes.

    As a software developer, all this stuff makes me cringe. Makes me feel like I'm blindly jogging through a land mine field every time I create a new product.

    --

    --- -- - -
    Give me LIBERTY, or give me a check.
  41. Job Security by Anonymous Coward · · Score: 0

    In their words, patent experience itself "is helpful but not mandatory" and advance knowledge of patent law is not required. The applicants need only be Computer Science or Electrical Engineering PhD holders, without any qualification in law.

    No experience needed? Damn, I'd better hurry up and finish my dissertation. That is, if I were willing to sell my soul to Bill.

  42. Where SCO fails bullshit wins? by Anonymous Coward · · Score: 0

    Funding a lawsuit against OpenSource is obviously failing. Will this tactic succeed? It is obvious that MS wants it all. Their monopoly position has to be protected at all cost. By essentially patenting everthing under the Sun (pun intended) they intend in future to exercise their powers to dominate electronic communications. Absolute money corrupts absolutely. Giving MS patents on some of these communication functions is like giving a manufacturing/news/printing company an exclusive on the printing press! Wake up and smell the coffee America the shit is about to hit the fan.

  43. That's patent law. by HiThere · · Score: 1

    There *IS* not legal category called IP.
    You can have patents.
    You can have copyrights.
    You can have trademarks.
    You can have trade secrets.

    Each one of those is really quite separate in legal requirements, but patents have so divorced themselves from the rest of the legal system that they (I have heard) DO have a separate bar exam (sort of a post-bar), and if you aren't qualified under it's terms, it would, indeed, be malpractice to talk about what the law means. (And though a layman could get away with doing that, if he does it in court he lays himself open to triple penalties if he makes a mistake [or something like that]...you dasn't represent yourself in a patent suit. They've tortured the meaning of words even more than normal legalisms. (And as far as I can tell it's so that a small group of lawyers can charge exhorbitant rates...but they will make you suffer if you attempt to avoid paying their toll.)

    If this were the worst thing about the patent system, however, I would think it was capable of being reformed into a reasonable system. It's far worse than that.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  44. A different view by HogynCymraeg · · Score: 2, Interesting

    Given that in other news, the collapse of Microsoft is near, perhaps Microsoft will turn into a canopy type group? Perhaps they were funding SCO for R&D rather than FUD?

  45. Rate parent UP! by Anonymous Coward · · Score: 0

    The anti-patent FUD here is such retarded bull$hit, only a moron would enjoy it. A poor wretched programming moron with no future. What's that say?

  46. Guess what MS suck again..but have questions by Anonymous Coward · · Score: 0

    This is getting beyond a joke.

    Now reading that BS online bill paying patent (whoever awarded that patent obviously was on crack) and another recent article on slashdot about Matshita patenting a help icon I'm wondering what the score is for patents with regards to non 'serious' applications like games.

    Does anyone know if games companies have a load of dubious patents floating around like 'a sprite', 'a polygon', 'a character in a game' etc etc

    Because a lot of what I am reading doesn't seem to be technological innovation at all, or some amazing new algorythm (sp) that some genius programmer has invented but for silly GUI concepts and artwork.

    Particularly relevent thanks to M$'s X Box, so who knows what they are telling their developers to do.

  47. You need to be a skilled expert in CS... by Rattencremesuppe · · Score: 2, Insightful
    ...to do the complicated and necessary prior art research.

    Patent applications must be technical, novel and non-obvious. For example, you can't patent "one-click shopping" or "progress bars".

    Oh, wait...

  48. IP law and patent attorneys by sayret · · Score: 1

    Hello
    I do not like this "empty" academic talks about is IP a real term for copyright, patents etc. or it is not. This term is in use and there is no need to discuss about it, unless You are a law professor and got a lot of free time to spent for such polemics ;) Yes it covers copyrights and industrial property rights (industrial property term was taken from French law doctrine and covers patents, utility designs, industrial designs trade marks, geographical indications etc. depends on which legal system we talk).
    Anyway. Each country got different patent law and rules about to become a lawyer at all. Generaly speaking in USA to become a lawyer You have to be educated in a law school (it was not needed 150 yrs ago. ;) and You need to pass a bar exam (each state proviedes its own bar ex. but all are unified by American Bar Ass. rules). To become a patent attorney You need to pass USPTO exam. There are different positions for example You can be a patent examiner and there is no need to have law education.
    You as an inventor can apply for a patent or a design for yourself at USPTO. Its easy. Of course they suggest You to take an advice of a PA to avoid mistakes.
    ABA rules statue that You have to be a legal advisor (lawyer, patent attorney) in the field You are specialised.
    For more details check USPTO web page and American Bar Ass. web page.
    Hope I help You a little.
    Tomasz Rychlicki
    www.rychlicki.net

  49. at all costs by SQLz · · Score: 1

    MS has to stop Linux at all costs, and the cost will be the end of MS. I predict they are going to sink so low that the top brass at MS will end up in jail over Linux. You heard it here first.

  50. I don't get it by Anonymous Coward · · Score: 0

    "The article outlines some of the most controversial MS patents, such as online bill payment."

    What so controversial about paying bill (gates) online?

    Whoops !! My mistake.

  51. Microsoft: The technologically impared's wasteland by rollinthunda0ne · · Score: 1

    I believe that Microsoft is only good for two things: gaming and grandpa. Smarter, more capable people are really gaining control of the Computer industry, and it won't be long until Linux will overtake Microsoft simply because of Linux's broader range of functions. If Microsoft would spend more time creating more flexable OS's and less time creating more 'MSNTV' Services, we would all be in a better boat. http://www.enstimac.fr/~alaouimd/linux_penguin_suc k-microsoft.jpg

  52. Re:Microsoft: The technologically impared's wastel by Anonymous Coward · · Score: 0

    You know I hate M$. I really hate them, therefore I feel somewhat in touch with the alledged /. zeitgeist whatever. If MS collapsed tommorow I would be happy.

    But I feel Linux would make much more inroads if it could come up with a credible integrated strong desktop instead of the mishmash of WMs, DEs and various flavors of X holding it all together. I'm convinced it would do a whole lot better on the desktop.

    Also if people started writing FOSS apps with the pizzaz of commercial apps it really would be hugely damaging to MS no doubt. But for some reason it doesn't seem to happen and the FOSS community seems more attached to a kind of fuddy duddy stale old image along with pious lectures about the GPL, probably putting (some) people off.

  53. Oh boy. by LawGeek · · Score: 3, Informative

    I can't believe this post has been up for a day and not a single person has actually checked in with the following info:

    Law firms and companies with patent lawyers routinely hire non-lawyer technical experts to help them with patent work. In law firms, these people are typically called "technology specialists" or something similar. Often these people simultaneously go to law school, with the idea being that they will eventually turn into lawyers.

    Additionally, there are many people out there who are called "patent clerks." What this means is that they have studied for and passed the US Patent and Trademark Office's (USPTO) examination. Once you have passed this exam, you are qualified to help people obtain patents, regardless of whether you have a law degree. Now, you obviously can't practice law, so you're quite limited if your only a patent clerk and not a patent lawyer, but you can still be quite helpful to someone who just wants to obtain a patent or two.

    Bottom line: law firms and legal departments routinely hire tech/science people to help them with their patent work. I honestly can't believe this made it into a story. Next week there will be a post about Microsoft hiring SECRETARIES. I mean, they're a software company!! They're supposed to be writing software and they're out hiring secretaries!?!?

  54. I'll check with your mom by Anonymous Coward · · Score: 0

    She asked me to come over to shave the hair off her back.

  55. The other kind of MS patent litigation by po8 · · Score: 2, Interesting

    Keep in mind that Microsoft is also the deepest-pocket target for every crank with their own crazy patent. I know of several cases in the past few years where Microsoft spent a lot of money defending themselves in infringement suits against completely frivolous patents. Be glad that these patents were trashed, and hope that's how Microsoft continues to do its patent litigation.

  56. Still here? by Anonymous Coward · · Score: 0

    Your mom is math, and she pays you, but you make squat, so you leave it here!!!!

  57. Re:Microsoft: The technologically impared's wastel by Anonymous Coward · · Score: 0
    Here I am elated because I got my wheel mouse working in Slack10, and found that Mepis was just tooo friggin easy. Just try installing windows...Mepis is so much easier that I would not be suprised if Microsoft tried to patent the processes involved in the installation of binaries to a harddrive.

    So I might have a little bit of a bias.

    No you are wrong about foss apps, good example is Kstars..light years ahead of anything available at a reasonable cost through closed source. Also the Scientific aps are getting really great...SCilab is a great example.

    If you are only interested in simplified access to exreemly complicated applications and functions then OSS is way ahead. The interfaces to MySQL server, Open Office, and much other open source software are just as good and sometimes many times better than anything MS has to offer.

    However if all you want is to surf AV pr0n and IM yourself into computer lala land then MS is way ahead.

    Too bad that their insecure office ware has become mandatory in the most of the computer illiterate business world..If they had not succeeded in eating IBM's lunch, Gates and Co. would only be a foot note in the history of computing!

  58. Online Bill Payment? by quarkscat · · Score: 1

    Let me be the first to say it...

    "All your bill belong to us..."

    (Well, okay. Thanks, Bill.)

  59. Software Engineer Wanted by Anonymous Coward · · Score: 0

    ... at Micro$oft ... ... No Formal I.T. Qualifications needed, although a phd in Law is highly regarded. :)

  60. Some Two Word Phrases by Anonymous Coward · · Score: 0

    "Trade Secret"

    "Confidentiality Agreement"

    "Law Suit"
    There are many ways to protect your work without software patents. They're less expensive, and last longer!

  61. ... PhD? by tomstdenis · · Score: 0, Offtopic

    Must be a PhD? Oh... because we know that's gonna be a sign of an intelligent person... not like the previous "Doctors" who have basically put us in the mess we are currently.

    I so hate degrees being toted as the be-all of the fucking world. From what I've heard talking with various schools my LibTomMath project [and book] would qualify as a Masters level thesis undertaking. Yet I wrote the bulk of it in a couple of months FOR FUN!!!

    Not trying to put down the "educated" just saying that you can get by through school without a super breadth knowledge of the field. For example, how many wavelet experts know how to exponentiate in finite fields? You think many cryptographers know how to best use wavelets? etc, etc, etc.

    So fucking stop with the "must be degree'ed" and just say "must have proven track record of 'getting shit done'." /rant

    Tom

    --
    Someday, I'll have a real sig.
  62. Well... by Aderym · · Score: 1

    They sure did get a lot of free advertising here at least. :P

  63. face it by Robocoastie · · Score: 1

    face it MS's recent craze of Patents is their effort to stamp out any other operating systems and soon to be hardware. The PC makers that drool over the Windows OS as their os of choice should have saw the writing on the wall when MS released the xbox. All MS has to do now is make their own Windows Media Center computer and their total monopoly will be complete - oh wait! they have its called the XBOX-2! They should have been busted up into many pieces when they were found guilty of monopoly but too many in politics had stock in them.

  64. OT: Dead Patent-Law Sketch by sepluv · · Score: 1

    Here's something I wrote the other day:

    The Cast:

    • Mr. Gates
    • A European Commissioner
    The Sketch

    A `customer' (with brown envelopes and chequebook aready) enters the €C in Brussels.

    Mr. Gates: 'Ello, I wish to register a complaint.

    (The commisioner does not respond.)

    Mr. Gates: 'Ello, Miss?

    Commissioner: What do you mean "miss"?

    Mr. Gates: I'm sorry, I have a cold. I wish to make a complaint!

    Commissioner: We're closin' for lunch.

    Mr. Gates: Never mind that, my lad. I wish to complain about this patent law what I purchased not two years ago from this very office.

    Commissioner: Oh yes, the, uh, the computer-implemented inventions one...What's, uh...What's wrong with it?

    Mr. Gates: I'll tell you what's wrong with it, my lad. 'E's dead, that's what's wrong with it!

    Commissioner: No, no, 'e's uh,...he's resting.

    Mr. Gates: Look, matey, I know a dead patent law when I see one, and I'm looking at one right now.

    Commissioner: No no he's not dead, he's, he's restin'! Remarkable law, idn'it, ay? Beautiful sophistory and ambiguity!

    Mr. Gates: The anbiguity don't enter into it. It's stone dead.

    Commissioner: Nononono, no, no! 'E's resting!

    Mr. Gates: All right then, if he's restin', I'll wake him up!

    ...

    Mr. Gates: You let the European Parliament kill 'im, didn't you!

    Commissioner: I never!!

    Mr. Gates: Yes, you did!

    Commissioner: I never, never did anything...

    (Mr. Gates takes patent law out of briefcase and thumps it on the desk. Throws it up in the air and watches it plummet to the floor.)

    contd...(due to limit on post size)

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  65. Re:OT: Dead Patent-Law Sketch (Part 2) by sepluv · · Score: 1

    The Sketch (contd...)

    Mr. Gates: Now that's what I call a dead patent law. The JURI is no longer out on that patent law...its most definitely deceased.

    Commissioner: No, no.....No, 'e's stunned!

    Mr. Gates: STUNNED?!?

    Commissioner: Yeah! 'E was stunned by all the public backlash! Patent laws stun easily, major.

    Mr. Gates: Um...now look...now look, mate, I've definitely 'ad enough of this. That patent law is definitely deceased, and when I purchased it not two years ago, you assured me that its total lack of movement was due to it bein' tired and shagged out following prolonged internal diplomacy.

    Commissioner: Well...uhhh...we prefer to do things dead slow and sure like in the EU!

    Mr. Gates: Well...the dead bit is most certainly right. Look, why did it fall flat on his back the moment I got home last time? I never had these problems with Congress...

    Commissioner:Remarkable patent law, id'nit, squire? Lovely contradictions and those beautiful convoluted sentences!

    Mr. Gates: Look, I took the liberty of examining that patent law when I got it home, and I discovered the only reason that it had got as far as it had in the first place was that no one had actually READ it.

    (pause)

    Commissioner: Well, o'course they don't! They're not payed enough for that...at least they are, but we pay 'em NOT to read 'em. That's the trick, you see. Trust me...that patent law will fly straight through as an A-item in the fisheries committee...just like...a parrot, sir...you know parrots love a bit of fish...the great thing is, sir, that the ministers and MEPs avoid it like the plague on account of it stinkin' to 'igh 'eaven...

    Mr. Gates: Never find how 'igh your damn committee stinks, this patent law wouldn't fly through your committee if you put four million volts through every minister present! 'E's bleedin' demised!

    Commissioner: No no! 'E's just a li'l slow!

    Mr. Gates: 'E's not slow! 'E's passed on! This patent law is no more! He has ceased to be! 'E's expired and gone to meet 'is maker! 'E's a stiff! Bereft of life, 'e rests in peace! 'E's pushing up the daisies! 'Is metabolic processes are now 'istory! 'E's off the twig! 'E's kicked thebucket, 'e's shuffled off 'is mortal coil, run down the curtain and joined the bleedin' choir invisibile!! THIS IS AN EX-PATENT LAW!!

    (pause)

    Commissioner: Well, I'd better replace it, then. (he takes a quick peek round the back) Sorry squire, I've had a look 'round the back , and uh, we're right out of patent laws.

    Mr. Gates: I see. I see, I get the picture.

    Commissioner: I got a HIPC initiative. Uhhh...your good...ummm...friend, Mr. Brown had this idea you see but he hasn't got the means...

    (pause)

    Mr. Gates: (sweetly) Pray, will it take out my competitors?

    Commissioner: Nnnnot really.

    Mr. Gates: WELL IT'S HARDLY A BLOODY REPLACEMENT, IS IT?!!???!!?

    Commissioner: N-no, I guess not. (gets ashamed, looks at his feet)

    Mr. Gates: Well.

    (pause)

    Commissioner: (quietly) You know I thought that uhhh...spread in Teen Beat was rather good...uhhh...D'you.... d'you want to come back to my place?

    Mr. Gates: (looks around) Yeah, all right, sure.

    Copyright

    The original dead parrot sketch was written by Graham Chapman, et. al. for Monty Python's Flying Circus and is © 1989 Pantheon Books/Random House, Inc. My modification of it is co

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  66. Have Pity Man! by LifesABeach · · Score: 1

    Writers Cramp is very painful. What with writing patents all day long. Now the villagers of redmond have to find other sources of patent generation, or their whole economy of patent writing will spin apart.