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Is Google AutoLink Patent-Pending By Microsoft?

theodp writes "While Google pooh-poohed any comparison of its controversial AutoLink feature to Microsoft's SmartTag technology, Google's generation of dynamic links to maps and use of ISBN numbers to trigger links to booksellers cover the same territory as Microsoft's 2000 patent application for Providing electronic commerce actions based on semantically labeled strings, whose sole inventor - Jeff Reynar - was the lead SmartTag Program Manager while at MS and is reportedly now a Google Product Manager who's being credited as AutoLink's creator. Reynar's patent applications that have been assigned to Microsoft, including one for Smart Links and Tags, describe a world of 'recognizer' plug-ins that automatically look at every document a user creates, receives or views, transmitting messages to 'action' plug-ins - and even to the plug-ins' authors - that can be used to decide what info you'll be presented with, what options you'll be given, what price you'll pay for goods, and even who you'll be permitted to buy from."

29 of 208 comments (clear)

  1. Your Rights Online? by Anonymous Coward · · Score: 5, Insightful

    For the love of michael, just make a legal section. This is not about our rights. Not yours, not mine, just Google's. Sheesh.

    1. Re:Your Rights Online? by MillionthMonkey · · Score: 5, Insightful

      This is not about our rights. Not yours, not mine, just Google's. Sheesh.

      No, this is about everyone's rights except Microsoft- which includes me, you, and Google. Just because you may not want to implement a goofy smart-tag-like technology doesn't mean you haven't lost the right to do it.

    2. Re:Your Rights Online? by ArmchairGenius · · Score: 5, Insightful
      I think it is about our rights. Our rights to new products and technological innovations that are being suppressed from us by large companies that are creating monopolies of technology through the patent system.

      Patents are (at least arguably) a necessary mechanism, but the way patents are being used in the United States is a problem. Especially when patents are being issued that are clearly barred by prior art and then used to extort money from small businesses that cannot afford to fight those patents. See the EFF for more info.

    3. Re:Your Rights Online? by 91degrees · · Score: 1, Insightful

      But we lose rights all the time. Every time a patent is granted, we lose a right. Often when a law is passed, we lose a right. Why is this right so important?

    4. Re:Your Rights Online? by Saeed+al-Sahaf · · Score: 3, Insightful

      So, because Google is still "good" (but for how long???), they can own a stupid patent like this, and because MicroSloth is "bad", they can't???

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    5. Re:Your Rights Online? by MillionthMonkey · · Score: 4, Insightful

      I didn't say it was important. A right doesn't have to be important to be lost either.

      This particular case has some relevance to anyone who develops a particular technology, becomes an expert in it, and acquires a patent for his company. If you change jobs, you might not be able to take your expertise with you.

    6. Re:Your Rights Online? by laughingcoyote · · Score: 4, Insightful

      I think the point more is, neither one should be entitled to patent such an idea, but both should be entitled, if they wish, to implement it. As should you or I be entitled to implement it, or a similar technology, in programs we write.

      --
      To fight the war on terror, stop being afraid.
    7. Re:Your Rights Online? by InvalidError · · Score: 3, Insightful

      Somewhere where there are no software patents - yet.

      The MPAA, RIAA, patent, political and other mechanisms of old are all becoming increasingly abusive with each passing year, all in the name of profits and against all regardless of consequences for the general public.

      After bombings and plane crashes comes litigative terrorism - but this form is endorsed by governments so we need an alternative to that.

    8. Re:Your Rights Online? by MillionthMonkey · · Score: 3, Insightful

      Your statement:

      Yeah, because Google didn't register the patent and it's not their fault it's stupid. And Google would probably not use the patent for predatory purposes like Microsoft who right now probably have a team of lawyers finding people to sue for patent infringement.

      was moderated as a Troll because even though it points out a crucial fact (that Google had not in fact applied for any patent), pro-Microsoft opinions are in vogue at the moment. People like to fancy themselves as independent thinkers, which means adopting opinions that "buck the trend". Look at the moronic post you replied to, which is at 5, Insightful right now:

      So, because Google is still "good" (but for how long???), they can own a stupid patent like this, and because MicroSloth is "bad", they can't???

      A worthless post- completely incoherent and confused, especially given its context (no one had alleged either of these things). But, the post has a pro-Microsoft attitude. So the herds of "independently-minded" sheep will cheerfully dump mod points onto it to prove what independent thinkers they are, despite the factual error and the obvious projection contained in its one line.

      The groupthink on this site is incredible.

    9. Re:Your Rights Online? by Bri3D · · Score: 4, Insightful

      The groupthink on this site is incredible.

      Sorry to get so offtopic, but I wouldn't call it groupthink. Groupthink implies thinking as a group. I'd call this more of herd instinct, because few people are thinking. Anyway, yes, as soon as someone gets a post to 3 it usually goes clear up to 5 because people with modpoints are too afraid to think for themselves and do original moderation but need to use points.

  2. I am Jack's total lack of surprise by no+parity · · Score: 4, Insightful

    Sure. Everything gets patented these days. Do we really need a separate story every time someone digs up something like this?

    1. Re:I am Jack's total lack of surprise by Anonymous Coward · · Score: 1, Insightful

      well, the patent lawyers must love it - every slashdot reader is now liable for triple damages for knowing infringement if they should ever implement anything similar!

      Patents, not just software patents, are fundamentally broken - they restrict other people very unfairly. If you want to reward innovation, give inventors grants, don't fucking hold up the rest of society for 20 years to keep the corpies happy.

    2. Re:I am Jack's total lack of surprise by no+parity · · Score: 2, Insightful
      well, the patent lawyers must love it - every slashdot reader is now liable for triple damages for knowing infringement if they should ever implement anything similar!

      Actually, yes, as a developer your best bet is to know as little as possible about individual patents. All those "activists" are really hurting open source developers. Yes, the system is fucked up, but it's here and we better learn to live with it.

  3. Tracking in such an evil sense by rebeka+thomas · · Score: 3, Insightful

    > that can be used to decide what info you'll be presented with,
    > what options you'll be given, what price you'll pay for goods,
    > and even who you'll be permitted to buy from.

    All the better reason to not let anyone online know who you are, where you've been, and where you come from.

    --
    RST
    1. Re:Tracking in such an evil sense by bonch · · Score: 5, Insightful

      Things like this are the last things that concern me about Google. I'm more interested in the fact they have an ex-NSA guy with security clearance working there, and freely state in all their privacy policies that they will happily give in to any governmental requests to turn over user data. This includes your Gmail (which they freely state might remain indefinitely on their systems, even after deletion, and get searched at any time), your search terms and habits (the infamous Google cookie that logs your IP and is set to expire in 2038), and so on.

      I know it sounds paranoid, but considering Google's insane amount of traffic, and the fact the majority of their traffic comes from outside the US, coupled with their employee ties with the government and their past privacy issues, I've tended to stop using Google so much. Also, their search results have really begun to suck since 2003. Using Google to find anything is a frustrating experience.

  4. In two words... by datastalker · · Score: 5, Insightful

    ...who cares?

    Eventually, as in every other case like this, there will be a lawsuit.

    One side will win, the other won't. In either case, the loser will just change some small piece of the technology, and it will no longer infringe, if it even did in the first place.

    The lawyers will get rich.

    None of us will be affected in the slightest.

    Cynical? Maybe. But before moderating, ask yourself if I'll end up being right.

    1. Re:In two words... by unoengborg · · Score: 2, Insightful

      >None of us will be affected in the slightest.

      Not true. Software patents is too complex to evaluate to most businesses. They will simply treat it like any other financial risk.

      The result is that some software that we otherwise would have the benefit of using will never be produced and that those who chose to produce software inspite of this risk wants higher compensation for taking that risk. I.e. higher software prices.

      The fact that some will not take the risk will mean that less software hits the market. In turn this lead to less competition and that too will have a negative effect on software prices.

      Higher software prices makes it more expensive to set up any business that in some way needs software. Today that would be almost any business. This leads to higher prices even in markets that are not directly software related.

      Higher prices mean that it is harder to compete on an international market. This strengthens the trend of moving jobs abroad to keep the prices down...

      --
      God is REAL! Unless explicitly declared INTEGER
  5. Time for Google to come out against EU Patents by NigelJohnstone · · Score: 4, Insightful

    Perhaps Google should now come out against patents in Europe.

    Afterall their patents on search technology are worthless, anyone could use Pagerank and Google could not show they had used it -> failed attempt to protect invention.

    Their newer search technology (they changed the algo last year), hasn't been disclosed in patent form and so the SEOs & competitors don't know how it works and MS couldn't copy it -> successful defence of invention.

    They don't hold enough patents to join the "big company patent exchange club".

  6. Doesn't matter. by FreeLinux · · Score: 4, Insightful

    At this point it doesn't matter if it is a breach of the NDA. As soon as Google starts making money form it, Microsoft will send them a take down and sue them for "lost revenues".

    In Microsoft vs. the DoJ Microsoft won (even though it doesn't say that in the court documents)
    In Microsoft vs. Google who will win?

    1. Re:Doesn't matter. by ScrewMaster · · Score: 2, Insightful

      Nah. Google is a big boy now and has a decent patent portfolio of its own. All that'll happen is that Microsoft and Google will enter some kind of cross-licensing agreement (if they haven't already) and that will be that.

      Now, if you or I decided to set up a Web site to run along those lines ... yeah, there'd be lawyers involved.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Doesn't matter. by hoppo · · Score: 2, Insightful


      Google certainly has the capital to fight this (typically, litigation runs at about $1-2M per year), or at least drag it out for a long time.

      The end result we eventually will see all depends on how strongly Microsoft feels Google is infringing, and how well they feel their patent will stand up in court. It won't be until after discovery that they have a better picture of the strength of their case.

      After that, one of three things will happen:

      1. They'll decide Google's argument has a strong foundation, and settle with them out of court. Google will pretty much get a "free license" out of the deal, and Microsoft solidifies their patent.

      2. They decide to let the dice roll and take it to court, where the judge finds in their favor. This means Google has to either cease and desist, or start paying for it. It will also solidify Microsoft's patent.

      3. Microsoft loses their court case. This basically invalidates their patent (even if the validity is upheld, but infringement is not), since anyone would probably be able to come up with the same arguments as Google.

      The first two scenarios would eliminate the rest of the playing field. It's not like it is a very high-profile or life-changing product, but for principle's sake let's hope for the third one.

  7. Re:I for one... by heavy+snowfall · · Score: 2, Insightful

    I for one, welcome our new price gouging, thought controlling overlords.

    What is this new that you speak of? They've been there forever, this is just a new form of it.

  8. Sounds anti-trust to me -- by 3seas · · Score: 4, Insightful

    "..that automatically look at every document a user creates, receives or views, transmitting messages to 'action' plug-ins - and even to the plug-ins' authors - that can be used to decide what info you'll be presented with, what options you'll be given, what price you'll pay for goods, and even who you'll be permitted to buy from."

    Interesting that anti-spyware has shown fresh installs of MS windows OS has spyware that tracks online use ...

    Where are our privacy laws and fair competition laws?

    Or do we really know who has bought them away from us?

    The only way for this to be faired up is to allow any and everyone who wants to use such a thing, to be able to. Just like the solution to the "trillion dollar bet">/a> was faired up, via exposure and wide scope use.

    Or in other words: nobody gets an unfair (anti-competition) advantage in marketing via patenting some automated privacy invading information collecting marketing process.

    Most software is NOT patentable as shown by abstraction physics", and that certainly includes this.

  9. End users by goodgoing · · Score: 2, Insightful

    Would anybody care if this feature was pulled from Google's toolbar? In my opinion this is a non-issue.

  10. It's all about convenience and innovation by gunpowda · · Score: 3, Insightful

    This doesn't seem like a malicious feature intended to force users to visit certain sites whenever Google should so choose: users don't have to download the toolbar or use the feature. The fact that people use the Google toolbar in the first place suggests that they appreciate the usability enhancements it offers, and auto-linking is more likely to help than hinder. Google Maps, for example, is the most user-friendly map service around, and it's a choice that most people would make anyway. The same argument could be made about Amazon.

  11. google has evolved by pair-a-noyd · · Score: 5, Insightful

    from a search engine to the worlds largest e-commerce engine.

    When I search for, for instance, HP Laserjet schematics, I get 40 pages of assholes peddling toner cartridges and refill kits.

    That's NOT what I asked for, I want to find schematics that I can view. I don't want to buy a frigging CDROM with schematics on ebay, or laddersearch or toner carts or any of the other nonsense that google throws at me.

    God I despise google. It has become the most useless of all search engines but the most profitable of all investments for online peddlers..

  12. Has it finally happened? by eno2001 · · Score: 2, Insightful

    Is Google finally... EVIL? ;P

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
  13. So long as we have software patents by gov_coder · · Score: 4, Insightful

    Good and bad companies alike will be forced to dance this silly legal jig.

    The only real voice we have in this battle is our wallets. I'm sending my spare dimes where they can best help fight this stuff.

    Don't hate the players - fix the game.

    --
    Rob Enderle's excellent new book: Everything I needed to know about Computer Science I learned in Marketing School
  14. Re:Ugh by MillionthMonkey · · Score: 2, Insightful

    Personally, I find your post disturbing. Reading it, it is clear your only conclusion is that anybody who is pro-Microsoft is merely doing it to appear as an independent thinker, which is absolute rubbish.

    You misunderstood me then. This is not about "hating Microsoft". I've defended Microsoft plenty of times. They do get bashed a lot here, sometimes fairly, sometimes not. When people attack them simply for selling closed-source software, for example, I always defend them. But look at the context here. The story is about Microsoft holding a patent. The OP says this has nothing to do with us, only Google. I remarked that we are all in the same legal boat as Google, along with anyone else who is not Microsoft, because Microsoft is the patent holder. Which is entirely uncontroversial, I'm thinking, because it's a simple statement about patent law that happens to be true. The same applies to Google and their patents.

    That elicits this response: "So, because Google is still 'good' (but for how long???), they can own a stupid patent like this, and because MicroSloth is 'bad', they can't???" I read that and thought, huh, is this guy even responding to the right post? Did he RTFA? Google hasn't even filed a patent. All they've done so far is implement a stupid feature.

    To Microsoft's credit, I see nothing about a cease-and-desist, and I expect that the two companies will simply trade patents. But I'm not going to sit back and pretend for anybody that Microsoft's software patents hold no legal significance when they do.

    What you're advocating is that everyone adopt your viewpoint because you just so happen not to consider it groupthink as you do for someone who might--gasp--not personally hate Microsoft, a computer software company. Such people should really get a life.

    No, I was really just surprised that the great-grandparent was moderated -1, Troll while a factually misleading non-sequitur immediately sailed up to a 5, Insightful. I've seen this a lot recently- "pro-MS" posts (including my own) get modded up immediately, in a way that they didn't seem to a few years ago. I don't think MS or its employees are purposefully gaming the system (what a complete waste of time that would be) but I do think that geeks and nerds, being a relatively independently-minded set, tire easily of opinions that they hear expressed very frequently or uniformly, and will commonly adopt an opposite opinion at least partly for that reason. So I suspected groupthink was at work. Maybe the attitude shift simply reflects an influx of Windows users with high-numbered IDs in recent years, but I doubt it.

    The other post (the "troll") may have presented a rosy view of Google's legal department but it made a crucial observation that keeps evading Microsoft's defenders and Google's bashers in this "smart tags" saga- that Google has not registered or applied for any smart-tag patents. I started writing the grandparent mostly just to quote that with a +2 bonus, since you guys certainly won't see it at -1.