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Why Bill Gates Wants 3,000 New Patents

theodp writes "The NY Times looks at Microsoft's newly acquired passion for patents and wonders: What would Thomas Jefferson think if he were around to visit Microsoft's campus, seeing software patents stacked like pyramids of cannonballs? Jefferson might also be shocked by Microsoft's summer crop of patent apps, which includes Creating a note related to a phone call, Adding and removing white space from a document and Identifying when baseball is exciting. Gotta meet that quota of 60 fresh, nonobvious patentable ideas a week!"

391 comments

  1. First posting. by Anonymous Coward · · Score: 4, Funny

    I'd patent first posting, but it's been patented. that's why I waited before posting this so it wouldn't be an infringing first post. Thank you.

  2. Ofcourse by Anonymous Coward · · Score: 3, Insightful

    With so many small boring companies sueing them, they need to get more patents for self-defense. By the way Microsoft has never sued anyone on patents till date.

    1. Re:Ofcourse by Lepaca+Kliffoth · · Score: 2, Insightful

      Isn't that the US patent system's fault in the first place? A software company shouldn't have to pay 10 billion $ to lawyers just to make sure it's not infringing and another 20 to settle over the actual infringments. Copyright is enough, patents are one of the reasons why Microsoft has a monopoly and THE reason why no USA medium sized company will ever be able to compete with them, even if it creates the best software ever. Thankfully we're not as unlucky in the EU.

    2. Re:Ofcourse by Anonymous Coward · · Score: 2, Informative

      patents are one of the reasons why Microsoft has a monopoly

      That's absolute Bull Shit. Microsoft's monopoly was gained by using its market share in the OS for PCs area (1) to make its own applications more accessible to customers over other vendors, and (2) to make hardware vendors favor selling its own aplications over their competitors'. See Wikipedia or any other site discussing Microsoft's monopoly.

      Micorosoft NEVER used patents to gain any part of its monopoly. In fact, it obtained its monopoly way before software patents were even commonplace.

    3. Re:Ofcourse by thewiz · · Score: 0

      By the way Microsoft has never sued anyone on patents till date.

      That's like saying the guy down the street that's loading his gun won't fire it.

      Just because Micro$oft hasn't sued anyone for patent infringment yet doesn't mean they won't in the future. Their patent proliferation is just to build up a stock of ammunition.

      --
      If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
    4. Re:Ofcourse by Master+of+Transhuman · · Score: 0


      This is truly a stupid post. "Informative?"

      "Defensive patents", my ass. Oh, yeah, they're "defensive" all right - they're a last ditch defense against getting their asses kicked in the open market - which they know is going to happen sooner or later by somebody whether it's Linux or someone else.

      As for never having sued anybody, why would they? So far they've used restrictive but legal contracts and large customer browbeating and buying the Bush administration to retain their monopoly on the desktop OS market.

      Only now are they under threat from open source which is not easily sued. Microsoft has a large cash warchest which they can easily use to sue individuals or small groups who develop open source software that threatens their monopoly. So far it has not been advisable to make such suits because it would not look good for a $40 billion a year company to sue a bunch of guys in their bedrooms if in fact Windows is SO MUCH BETTER than open source. But they are building up a patent arsenal to do just that when it becomes necessary.

      Read my lips, morons: Bill Gates is a FUCKING ASSHOLE as every bio of him and the antitrust trial has established and he never does anything for "defensive" purposes.

      Not that it matters. Let him tell the Chinese, the Indians, the Russian Mafiya not to compete because of patents. It'll generate a good laugh all around. Meanwhile everybody else will just develop computer science to leapfrog his "patents" and do it offshore beyond the reach of his lawyers and the bought-and-paid-for US "Justice" Department and Congress.

      You morons think LAW is going to stop TECHNOLOGY.

      Pardon me while I chortle.

      But Gates will try. Let there be no doubt about it.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    5. Re:Ofcourse by InvalidError · · Score: 1

      M$ does not need to sue companies... simply asking for royalties is intimidating enough. If the patent has some undeniable value, the smaller players are more likely to pay up than risk a much more expensive case that is likely not going to go their way.

      At least, I feel better after reading the mass USPTO exodus story. I hope this is really caused (directly or otherwise) by software patents. That would show the powers that be how defective and inadequate the patent system is. If software patents can kill the patent system, they certainly could kill the whole industry.

    6. Re:Ofcourse by Lepaca+Kliffoth · · Score: 1

      I stand corrected ^^ Thanks

    7. Re:Ofcourse by digitalunity · · Score: 4, Insightful

      No, but they have repeatedly used their patents in an attempt to prevent competitors from creating compatible software.

      ASX
      WMV
      FAT fs

      You are correct. As they became more popular, their power and thus by extension their ability to force vendors and OEMs into using their software increased. The larger they got, the larger this influence became. Due to the necessity for interoperability, an OS monoculture was the easiest to maintain and consumers saw no problems with using only Microsoft OS's. If only they knew in the early nineties what we know now.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    8. Re:Ofcourse by jleq · · Score: 1

      Heh, that's flamebait if I've ever seen it.

      Even if it isn't "nice" to apply for all of those patents, it is a good business decision. Microsoft doesn't exist to be nice, they exist to profit. Welcome to Capitalism.

    9. Re:Ofcourse by Anonymous Coward · · Score: 0

      Lots of people keep guns for self defense, and most of them never fire them (at a person). Did you have a point you'd like to share with us?

    10. Re:Ofcourse by vsprintf · · Score: 1

      Microsoft doesn't exist to be nice, they exist to profit. Welcome to Capitalism.

      We don't have capitalism, we have a regulated economy that seems closer to corporate welfare. Even so, as Dan Gillmore said, capitalism should be about honest competition - not a knife fight.

    11. Re:Ofcourse by Anonymous Coward · · Score: 0

      If only they knew in the early nineties what we know now.

      They wouldn't care. Companies would still have made the decision to go with Windows because of cost or various other reasons; in fact, it might have made things worse if they knew Windows would obtain 90% of the market, since that would have made it even more of a sure bet for risk-averse bean counters.

    12. Re:Ofcourse by mike_the_kid · · Score: 4, Insightful
      By the way Microsoft has never sued anyone on patents till date.


      Its a bit like nuclear weapons -- You do not have to use them to serve a purpose. The threat of eradicating your enemies is quite powerful.
      --
      Troll Like a Champion Today
    13. Re:Ofcourse by Master+of+Transhuman · · Score: 1


      Actually we have "capitalism", what we DON'T have is a "free market". You're right, it's corporate welfarism or what should be called "state capitalism," i.e. a marriage of the state and the rich (maybe we should just go back to calling it "feudalism" since the rest of us are as much peons as anybody ever was; we just have more toys to distract us from our condition - that was the only advance made in the "industrial revolution", socially, anyways.)

      In other words, what we don't have is "freedom" at all, despite all of Bush's bombast about it.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    14. Re:Ofcourse by Sean · · Score: 1

      SPF^H^H^HSenderID. The whole attach senders IP to their domain with a new DNS record idea may or may not be good, but in either case microsoft patented methods already existing in SPF, offered a license incompatable with free software, then insinuated they would take action against implementers. They used a trivial patent to derail the hard work of many people.

      maybe, just maybe, in the entire world, there are a handful software ideas each year that are worthy of a patent.

      I think RSA for example was a worthy invention. 20 years is also way too long for software. 5 years is more reasonable.

    15. Re:Ofcourse by sumdumass · · Score: 1

      Not realy. Almost every company i work with at one time or another expressed dismay at not having a real alternative to microsoft products. Not everyone thinks microsoft is exactyl the end-beat all lineup.

      Bean counters would have known that things like vendor lockin and forced upgrades would cost more money then complete compliance and interoperability. Not all of them would but some if not a majority would. Now, it seams that those two minor factors in todays computing might be the road to microsoft undoing. This is the reason i believe they are going after pattens. When they cannot dominate, control or force people to use thier products, they will be able to colect form the other product because they are forced to use thier pattens.

      If anyone believes it is to protect microsoft from patten lawsuits, i would bet they are the type of person that buys thier product thinking they are the best availible. More or less they have consumed some PR statment and are willing to reafirm it.

    16. Re:Ofcourse by Znork · · Score: 1

      "maybe, just maybe, in the entire world, there are a handful software ideas each year that are worthy of a patent"

      Frankly, I dont think so. Calling ideas 'worthy' of patents is like saying they're 'worthy' of being nationalized into a state protected monopoly and buried in red tape for twenty years. They may be important and worthy of reward, but that's not quite the same thing.

      Patents are simply a completely inappropriate method of encouraging innovation. They stifle competition and deter adoption of (sometimes) new technology, thus damaging the economy and social wealth as a whole.

    17. Re:Ofcourse by Anonymous Coward · · Score: 0

      The threat of eradicating your enemies is quite powerful.

      and quite retarded...

    18. Re:Ofcourse by MysteriousPreacher · · Score: 1

      Lots of people keep a small number of guns around the house and maybe at the range. When someone with a track record for being anti-social starts buying up enough hardware for a small army, then you really should start wondering what's coming.

      --
      -- Using the preview button since 2005
    19. Re:Ofcourse by morganew · · Score: 1

      Thankfully we're not as unlucky in the EU.

      If by unlucky you mean that the EU doesn't have software patents, you are wrong. Most EU nations (Poland is a notable exception) allow for the patenting of 'Computer Implemented Invention'.

      The recent EU Parliament vote was about standardizing CII for all EU counties. The failure to pass did NOT eliminate software patents in the EU, but rather stopped standardization, which might have saved filers some money and made the system more predicable.

      --
      A sig?!? I don't think so.....
    20. Re:Ofcourse by Anonymous Coward · · Score: 0

      Uhm...this is Article 52 of the European Patent Convention:

      http://www.european-patent-office.org/legal/epc/e/ ar52.html#A52

      It states that programs for computers, thus software, is not patentable in Europe. This has been reaffirmed by the German Federal Court and very recently in the UK.

      Under current legislation a great percentage of all software-related patents are likely to be rejected, meaning they're not enforcable. This is why the lobbying from corporations already stashing hundreds or more software patents was so intense.

      The real problem is that the EPO is not only granting all these problems, but also denying that it is. If they would have respected the written law in the first place, the software patent case in Europe would never have been such a big deal. The EPO is not a EU institution by the way, it's an agreement of over 30 countries.

      And the legal uncertainty due to the somewhat arbitrary interpretation of the EPC by the European and national patent offices is much better than certain death of European IT SMEs.

      Oh well, I could go on and on and on.

      Cheers,
      Anonymous Coward

  3. Prior Art by Gollum2001 · · Score: 1

    Well, you could do it, but now it's only prior art.

    --
    "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former" - Albert Einstein.
    1. Re:Prior Art by stoborrobots · · Score: 2, Funny

      Well, you could do it...

      Yeah, but could you do it with two weeks, and a $100 budget?

    2. Re:Prior Art by Anonymous Coward · · Score: 0

      get a life, and stfu already.

    3. Re:Prior Art by stoborrobots · · Score: 2, Funny
      If you insist. Here goes:
      stoborrobots:/home/stoborrobots$ su -
      Password:
      root:/root# apt-get update
      Hit http//mirror.au.realworld.org unstable/main Packages
      Reading Package Lists... Done
      Building Dependency Tree... Done
      root:/root# apt-get install life
      Reading Package Lists... Done
      Building Dependency Tree... Done
      The following NEW packages will be installed:
      life
      life is already the newest version (24.6.realworld.8-1)
      0 upgraded, 0 newly installed, 0 to remove and 0 not upgraded.
      root:/root# exit
      stoborrobots:/home/stoborrobots$ stfu already
      bash: stfu: command not found
      stoborrobots:/home/stoborrobots$
      Nope, sorry, I can't seem to do that; do you have a link to the sources so I can compile them for myself? If not, you could try to
      # apt-get install humour
  4. Not a dupe really, ... by DoktorTomoe · · Score: 1

    ... but nontheless the summary of what geeks like us always assumed.

    It is, however, interesting, that the US mainstream media actually writes about this problem.

    1. Re:Not a dupe really, ... by Anonymous Coward · · Score: 0

      It is, however, interesting, that the US mainstream media actually writes about this problem.

      I, for one, welcome this.
      The more rediculous patents get granted, the sooner
      the revolution will come. Sadly, the US has the most
      to lose by insisting that every idea is 'owned' by
      someone, so when the people finally wake up, it will
      be too late, we'll be a third-world economy, scavenging for food.
      Fortunately, the supply of fat lawyers and politicians is enough to tide us over for a few years.

  5. Jefferson would be more shocked by Anonymous Coward · · Score: 2, Funny

    That he could see patents physically stacked into pyramid form.

    Oh, and he'd be upset that he's in another place named Washington while there's no state name Jefferson.

    1. Re:Jefferson would be more shocked by Dachannien · · Score: 1

      Perhaps, but Washington never had a TV series named after him.

    2. Re:Jefferson would be more shocked by Guppy06 · · Score: 1

      "Oh, and he'd be upset that he's in another place named Washington while there's no state name Jefferson."

      They tried! However, their plan to "secede every Thursday until further notice" didn't work out.

    3. Re:Jefferson would be more shocked by jZnat · · Score: 1

      He'd be shocked because he patented "Stacking Flimsy Objects in a Tetrahedronal or Otherwise Pyramidal Form" back in patent 92,264 when he realised that he had a good system of organising the 92,263 patents he had to keep organised but readily available. Too bad the file cabinet system was patented back in patent 42,562, so he couldn't simply keep the patents in them without a sense of irony, eh?

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    4. Re:Jefferson would be more shocked by Scarletdown · · Score: 1

      At least he has a county here in Washington named after him. I suppose that would be some small consolation.

      On the other hand, at least Jefferson got his face on the two dollar bill, while Washington is only on the one dollar bill.

      --
      This space unintentionally left blank.
    5. Re:Jefferson would be more shocked by Guppy06 · · Score: 1

      " At least he has a county here in Washington named after him."

      Do you realize how many states there are in the Union that have a county named after Washinton? :)

      "On the other hand, at least Jefferson got his face on the two dollar bill, while Washington is only on the one dollar bill."

      Ah, but in the case of paper currency, a Thomas is considered to be worth a lot more than two Georges in the opinions of most people.

  6. removing white space from a document? by xxdinkxx · · Score: 2, Interesting

    Doesn't the entire typography community have prior art by o I don't know a few hundred years? "starting on February 23, 1455."--wikipedia Or even sadder the koreans by atleast a thousand years? as seen here

    1. Re:removing white space from a document? by xxdinkxx · · Score: 3, Informative

      I forgot to add: kerning and leading and tracking all are very useful in removing whitespace. Are these now infringements?

    2. Re:removing white space from a document? by NickFortune · · Score: 1
      But to an extent, it doesn't really matter if prior art exists.

      Simply defending against a lawsuit from Microsoft would vankrupt a great many small companies. Unless the EFF make a point of overturning this one, there are still thousands of others they can abuse.

      And more every day...

      --
      Don't let THEM immanentize the Eschaton!
    3. Re:removing white space from a document? by Anonymous Coward · · Score: 1, Informative

      Well, there's certainly prior art for not reading
      the article. The patent for whitespace insertion
      is actually for adding more information to an
      electronic page, without cause the page's content
      to be pushed down or spill over into another
      page. This is not a trivial thing to do.
      If you disagree that this is trivial to do, then
      why do all my editors (open and closed source)
      fail to currently offer this option?

    4. Re:removing white space from a document? by harvardian · · Score: 1, Insightful

      Input indicating a first position or designation of content on a page of an electronic document and an amount of white space to be inserted in the page is received. Responsive to the received input, at least some of the content of the page of the electronic document is moved to insert white space. The moving starts from a point based on the first position. The portion of the content being moved is moved a distance based on the amount of white space indicated in the received input. The page is grown by an amount based on the amount of the white space indicated in the received input.

      Did the Koreans have electronically-processed user input that affected an electronic document?

      No?

      Look, I worked for Microsoft for a year and disliked it enough that I quit to go back to academia, so I'm not some huge fanboy. But you guys get entirely too carried away with the "Micro$oft is teh evil patent hax0r!!" bullshit. I filed a few patents when I was there. Do I feel ashamed? No. And why should I? It's not a business's responsibility to audit patent policy.

      And let's try comparing the number of patent lawsuits filed against Microsoft to the number of patent lawsuits filed by Microsoft. How does this translate to Microsoft abusing the system?

    5. Re:removing white space from a document? by sykjoke · · Score: 1

      1: Take existing idea
      2: Insert the word computer
      3: Patent
      4: Proffit!!!

    6. Re:removing white space from a document? by JWW · · Score: 5, Insightful

      And let's try comparing the number of patent lawsuits filed against Microsoft to the number of patent lawsuits filed by Microsoft. How does this translate to Microsoft abusing the system?

      This is exactly why I want Microsoft to lose one of these patent suits and lose BIG. I mean to the tune of billions of dollars. My opinion is that the only thing that will make the government stop the maddness will be when one of the big companies gets taken out behind the woodshed for a frivilous patent.

      I don't myself understand how anyone could even believe that software is really patentable. All modern computer languages are context free grammars, which is a subset of all grammars, and hence all language. Patenting the written software program for what is does it exactly like patenting the plot of a book, or a certain type of story. And while the written word is copyrightable of course, I've yet to see a patent on fantasy stories set in alternate versions of Earth, or stories involving wizards, or aliend.

      Software patents are absolutely wrong and the customer and market hostile american company today absolutely loves them because they eliminate the requirement to offer a quality product (or any product at all!).

    7. Re:removing white space from a document? by contagious_d · · Score: 1

      How did you find out about my patent on non-interactive stacked and folded cellulose based wizard experiences presented through the use of a syntacticly ordered set of printed characters and combinations thereof?

      --
      - /home is where the food is.
    8. Re:removing white space from a document? by jZnat · · Score: 1

      I think that if MSFT tried to patent such common typography practices in a digital form, it'd probably end up being their own method of calculating it. You can be rest assured that Slashdot would dedicate another front page article to the fact that "Microsoft Patents Printing Press, Gutenberg Unavailable for Comments".

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    9. Re:removing white space from a document? by LinuxHam · · Score: 1

      Well, there's certainly prior art for not reading
      the article. The patent for whitespace insertion
      is actually for adding more information to an
      electronic page, without cause the page's content [etc.]


      Dude, I think your
      problem sits between
      your keyboard and
      your chair. Too bad
      you posted AC, so I
      can't k-line you.

      --
      Intelligent Life on Earth
    10. Re:removing white space from a document? by jonbryce · · Score: 1

      WordPerfect can do it. It has a "make it fit" menu option to do this.

    11. Re:removing white space from a document? by Anonymous Coward · · Score: 0

      I worked for Microsoft for a year and disliked it enough that I quit to go back to academia, so I'm not some huge fanboy.

      Translation, "I couldn't hack it in the real world of software development, so I decided to run back to college and make my parents pay my living expenses and tuition for another 5 years."

      I filed a few patents when I was there.

      I somehow doubt that. Unless you were hired by a legal division to do patent filing guidance, you may have had time to file one patent in a year. Going through the process of filing a patent is time consuming (I know, I've filed two patent applications in ~3 years).

    12. Re:removing white space from a document? by harvardian · · Score: 1

      Translation, "I couldn't hack it in the real world of software development, so I decided to run back to college and make my parents pay my living expenses and tuition for another 5 years."

      I was actually double-promoted in my first year, which is rather rare. And my parents haven't paid me a dime since freshman year (other than birthday presents and what not).

      I somehow doubt that. Unless you were hired by a legal division to do patent filing guidance, you may have had time to file one patent in a year. Going through the process of filing a patent is time consuming (I know, I've filed two patent applications in ~3 years).

      All of the patents were filed after I left. I met with lawyers regarding two of them before I left, however.
       
      ...want to try again?

    13. Re:removing white space from a document? by Anonymous Coward · · Score: 0
      All modern computer languages are context free grammars, which is a subset of all grammars, and hence all language.
      Even if that were true, it's a meaningless and stupid statement. Also, if you want an example of a non-context free grammar look at Haskell.
    14. Re:removing white space from a document? by Chexsum · · Score: 1

      Removing repeated data is called compression [or crunching if youre old-school].

      --
      Pixels keep you awake!
    15. Re:removing white space from a document? by Kirth · · Score: 1

      And while the written word is copyrightable of course, I've yet to see a patent on fantasy stories set in alternate versions of Earth, or stories involving wizards, or aliend.

      Not far off. plotpatents.com

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    16. Re:removing white space from a document? by JWW · · Score: 1

      My god. That is beyond belief. Well with the current state for hollywood movies being that there is nothing new under the sun, patents on plot could shut them down for good.

      If they actually get their patent on story plots, everyone at the patent office should be fired.

    17. Re:removing white space from a document? by bjheu · · Score: 1

      HAHA I'll beat em to it!
      FromNowOnIWillTypeWithNoWhitespaceWhatsoever.
      NowThereIsNoNeedToLicenseTheNoWhitespaceTechnology .

      Oh Wait!! :( the carriage return is whitespace,
      DAMN YOU MICROSOFT!!!

  7. Owning everything? by deathgeneral · · Score: 1

    It's actually soo amusing...why doesn't someone patent 'patenting everything'?...the thing that microsoft seems to be doing. This patent game has gone far beyond normality and now it's just very funny and sad.

    1. Re:Owning everything? by Anonymous Coward · · Score: 1, Insightful

      "This patent game has gone far beyond normality and now it's just very funny and sad."

      Typical for the USA as I (as an european) perceive them. It's the same as with sueing for damages. Not just allowing something, but taking it to an extreme that is just ridiculous. I just hope M$ and friends do continue with this bizarre business in such an obvious way, that they will always cripple efforts to introduce software patents in the EU.

    2. Re:Owning everything? by deathgeneral · · Score: 1

      "I just hope M$ and friends do continue with this bizarre business in such an obvious way, that they will always cripple efforts to introduce software patents in the EU." I'm an european too, but I still don't see how this helps us defend against software patents in the EU. If it continues...well the EU might just say "if the USA is doing it..why should we be any lesser of a hellhole for small developers?" As a conclusion, software patents are bad whereever they are, but I'm still not pretty sure what the root which should be eliminated is...the government thinking as the means to software patents or microsoft as a so called leader in the patent fashion which seems not to change by season.

    3. Re:Owning everything? by Better+Than+Bacon · · Score: 1
      Damn, everyone's patenting business methods, but it's too late to patent the "accumulate IP" business model -- way to much prior art!

      I don't get how companies like that justify their existence since they don't innovate, period. sigh

    4. Re:Owning everything? by Ender_Stonebender · · Score: 1

      Why not patent the process of taking out patents? Let me know if you find a way to phrase it that will get it by the patent examiners - I'm too lazy to do so myself.

      --Ender

      --
      Loose things are easy to lose. You're getting your hair cut. They're going there to see their aunt.
    5. Re:Owning everything? by Anonymous Coward · · Score: 0

      It wouldn't surprise me if M$ is trying to patent ass-wiping using toilet paper.

  8. Typo by Anonymous Coward · · Score: 0
    nonobvious

    The correct spelling is "obnoxious".

  9. Baseball? by fishbowl · · Score: 5, Insightful

    Identifying when baseball is exciting is not a trivial task, even for human cognitition. Trying to explain to a non-baseball-fan what's important about a given moment in baseball, is like trying to explain to a non-deadhead what was so great about one particular concert.

    --
    -fb Everything not expressly forbidden is now mandatory.
    1. Re:Baseball? by Everleet · · Score: 5, Funny
      Identifying when baseball is exciting is not a trivial task

      return false;
      --
      It's tragic. Laugh.
    2. Re:Baseball? by NickFortune · · Score: 1
      Identifying when baseball is exciting is not a trivial task, even for human cognitition.

      Here's a heuristic suitable for human beings:

      If you're about whether something is exciting or not, it isn't exciting.

      --
      Don't let THEM immanentize the Eschaton!
    3. Re:Baseball? by Anonymous Coward · · Score: 0

      Damn, beat me to it. :-)

    4. Re:Baseball? by Halo1 · · Score: 1
      Identifying when baseball is exciting is not a trivial task, even for human cognitition.
      Neither is it an invention which requires monopoly protection because otherwise science and the useful arts won't advance. Patents aren't intended to cover everything and all that's not trivial for the mere sake that they are not trivial.
      --
      Donate free food here
    5. Re:Baseball? by symbolic · · Score: 3, Interesting


      But this IS trivial...ambient volume goes up...it's exciting...volume goes down, boring. Have you even seen a group of fans stoic during an exciting event? They're probably all screaming their heads off, and the announcer probably sounds like he's about to have a coronary.

    6. Re:Baseball? by pthisis · · Score: 1

      Identifying when baseball is exciting is not a trivial task, even for human cognitition. Trying to explain to a non-baseball-fan what's important about a given moment in baseball, is like trying to explain to a non-deadhead what was so great about one particular concert.

      You can say the same about any sport. Unless you know what's going on, they all tend to be fairly boring.

      I actually think baseball is easier for non-fans to watch than, say, football, which requires a fair amount of sophistication to follow at all even with all the efforts that go into play calling and technology to make it easier to watch (yellow down lines, etc).

      In baseball, it's easier to start out focused on just one area (the pitch) and gradually start following defensive positioning, etc. And the slow pace of football is extremely frustrating to new viewers; the average NFL game is longer than the average MLB game, yet has only about half as many plays.

      Now, once you get over the initial hump, the casual fan has more to watch in a football broadcast than a baseball broadcast. But I really do think that baseball is one of the easiest sports to start watching.

      --
      rage, rage against the dying of the light
    7. Re:Baseball? by Halo1 · · Score: 1

      Triviality is something which only comes into play after it has been established that something actually is patentable subject matter. It is important to keep hammering on that, because many people (especially proponents of ever expanding patentability) tend to forget about that all too often.

      --
      Donate free food here
    8. Re:Baseball? by Neoprofin · · Score: 1

      The lines in footbal just make it easier to see visually what people already know is there. THe first down mark and line of scrimmage. The reason you don't need these lines in baseball is that they're already painted on the feild because they never change.

      What is more easy to understand for someone who doesn't know the rules?

      A) A sacrifice fly, walking a heavy hitter, or even a homerun

      B) Guy runs the ball towards one end of the feild, other guys try to stop him.

      And before anyone replies "In your example A should be "try to score a run" becuase that's the equivilent of scoring a touchdown, I'm not listing the object of the game, I'm listing situation that people could find excting.

      Yes there are dull parts in football, but atleast in football I don't have to watch atleast 3 batters an inning go to a full count, then take 3 more pitches for foul tips before either striking out or hitting a single grounder through the gap.

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

      They could be screaming their heads off because there's a fire, or someone streaking through the field, or, near the playoffs, it's announced that the rival team lost a game. None of these make the actual game exciting.

      This is a NON-TRIVIAL task. So is the task of determining if something is patentable or not. The problem is that the USPTO has chosen to err on the side of the applicant, allowing too many questionable patents.

    10. Re:Baseball? by mikeboone · · Score: 1

      I'm a baseball fan. I think you could come up with some simplistic algorithms for determining the exciting moments. The easiest thing to work off of would be the score differential, and whether or not the tying run is at the plate, on deck, etc. Or if the bases are loaded (heck I remember Hard Ball on the C64 would recognize that moment with added music). You could also key off of overall batter and pitcher stats, and game stats like if the batter could hit for the cycle on the next at-bat or the pitcher was getting close to a no-hitter.

      Now where are my patent royalties?

    11. Re:Baseball? by sean23007 · · Score: 1

      But some things are just exciting, regardless of whether one is a baseball fan or not. The game is tied, two outs, two strikes on the batter ... the batter has a history against the pitcher, either successful or unsuccessful ... the delivery ... it's a breaking ball ... the batter swings, it's a more powerful swing than normal ... if he misses, it's a strikeout and the inning ends (exciting) ... if he hits it, it goes a long way ... if it goes over the fence, it's a home run and the tie is broken (exciting) ... if it doesn't go over the fence, it's still in the air and there's a brief gasp from the stands and a hush as it comes down, inning ends (exciting) ... if it's right at the wall, there might be a home run robbing catch, as made popular by Torii Hunter of the Twins a few years ago and now is quite common among good outfielders (very exciting).

      What is non-trivial about this is identifying the various situations where basically every outcome is exciting and recording the following play. It's not all based on crowd noise (note that fans cheer wildly for no reason, and there are also eery hushes that precede the most exciting plays).

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    12. Re:Baseball? by erik_norgaard · · Score: 1

      If the patent only covers baseball, then let's patent the idea of patenting algorithms for determining when anything else than baseball is boring. Just so the world has some patent to counter MS with.

    13. Re:Baseball? by Halo1 · · Score: 1

      The patent claims cover the mere act of identifying probabilities of some baseball hits to be exciting, not just how to do it. Just like so many software patents, this patents claims the problem and consequently all possible solutions, not just one they devised (apart from the fact that this should not be patentable subject matter in any way, I really fail to see the economic rationale for society granting monopolies on stuff like this)

      --
      Donate free food here
    14. Re:Baseball? by jZnat · · Score: 1
      You forgot the entire method.
      public bool isExciting () {
          if (this->getSport() == this::BASEBALL) return false;
      // FUTURE: finish this
      }
      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    15. Re:Baseball? by pthisis · · Score: 1

      Uhh, if football were as simple as B it wouldn't be a problem. But it's a very rule-heavy game.

      In baseball, if you understand the basics (balls, strikes, fouls, home runs, flys) then the only rules that really ever come up in "normal" play are the infield fly rule and the balk rule. Other rules address situations where the casual viewer is likely to say "that's odd, there must be a rule for that" -- ball bouncing out of play, beaning the batter, etc.

      In football, on the other hand, if you understand the basics (TDs, field goals, downs, 2-point conversions, completions, fumbles) there are a ton of things that look like normal play but are governed by odd rules: ineligible receivers, illegal motion, completions without 2 feet in bounds, clipping, rules (clock management, fumbles, etc) changing randomly throughout the game or depending on the player (e.g. tackling the QB).

      It's just not even close. I mean, how many times do you hear 2 friends who are regular football fans trying to clarify what the rules are and how they apply to the last play during the course of 1 game? And in baseball?

      --
      rage, rage against the dying of the light
    16. Re:Baseball? by markass530 · · Score: 1

      I Would say it's impossible. Exciting is something that varies from person to person. For example if the A's were getting no hitted by some giants pitcher, I'd cuss out the TV around the 7-8th inning and leave, while my step dad would be glued to the TV. Also if A fight were to errupt and the benches cleared, I'd be cheering for someone to get a chair to the head, while my grandpa would make some comment about excessive violence in sports, and leave the room to get a beer.

    17. Re:Baseball? by mikael · · Score: 1

      ambient volume also goes up when adverts are being played ... even with one of those TV's that attempts to modulate the volume level.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    18. Re:Baseball? by vsprintf · · Score: 1

      Have you even seen a group of fans stoic during an exciting event? They're probably all screaming their heads off, and the announcer probably sounds like he's about to have a coronary.

      Ever been to a chess match? (Well, the fans consider them exciting.)

    19. Re:Baseball? by vsprintf · · Score: 1

      Now where are my patent royalties?

      They were given to A-Rod as part of his contract. Hey, we all have to pitch in a little.

    20. Re:Baseball? by idonthack · · Score: 1
      Have you even seen a group of fans stoic during an exciting event?
      Golf.
      --
      Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
    21. Re:Baseball? by Neoprofin · · Score: 1

      You don't need to know anything about clipping, holding, time management, or god forbid safeties, to enjoy the game of football. A long pass or a runner in motion are an artform. Get the ball into the endzone, stay between the lines, the rest in minutia and even if you don't have a clue what's going on it's fun to watch. Baseball, on the other hand, can barely keep my attention even on the highlight reals. Man hits ball, ball goes over fence. Man doesn't hit ball. Sometimes even man runs and catches ball, in an open feild, with a basket. It's a really big feild, I guess, but I'd like to see him doing that with a 250lb linebacker about to lay him flat.

    22. Re:Baseball? by TheDauthi · · Score: 2, Funny
      Nope.
      if(is_over || is_boobs_showing || is_giant_robot_attacking)
          return true;
      return false;
    23. Re:Baseball? by claywar1 · · Score: 1

      Clearly Microsoft has figured out the delicate algorithm involving the relationship of alcohol to the perceived enjoyment of Baseball.

    24. Re:Baseball? by way2slo · · Score: 1
      Your formula holds true only for activites that are exciting for the home team....just after something exciting has happened.

      I would guess that excitement levels depend upon the following factors: the score, the inning, outs, the count (balls and strikes on the batter), base runners, the batter, the game. For example, every time your team's power hitter is at the plate, the game gets a boost in excitement. If there are runners on, it gets another boost. If his team is behind in the score, then it gets another boost. If it's possible for him to take the lead by hitting a homerun, yet another boost. If it's the bottom of the 9th with two outs in game 7 of the World Series, then is about as exciting as it gets.

    25. Re:Baseball? by InvaderSkooge · · Score: 1

      Too true. I had the worst time at the last game I went to trying to oblige my friend when she asked me to "make this interesting." (Her inability to accept the idea of a ground rule double on a bounce out didn't make it any easier, either.) If anything deserves a patent, it's a device that you strap to people's heads that makes them appreciate baseball.

      --
      Erik
      YOU ARE SAYING IMPUDENCE TO ME! THAT IS IMPUDENCE!
    26. Re:Baseball? by InvaderSkooge · · Score: 1

      So the difference, then, is how the rules play into it. The excitement in football is the guys throwing the ball or fumbling or running or smashing into the other people. In baseball, very very often the excitement turns on the rules. Football has the fourth down, but baseball has the sacrifice fly, the wild third strike, the double play and the full count. A gap hit with a runner on second can be worth more than a ball hit out of the stadium in baseball and be more exciting, but if you throw a 40 yard pass, that's pretty much invariably worth more than a one yard QB sneak. So in this respect, baseball is more complex; though, perhaps a better word is "sophisticated": it is harder for the uninitiated to appreciate exactly what is going on. Just as Chess and Go are more complex/sophisticated than soccer, even though Go has four or five rules (capturing, turns, Ko, scoring) and Chess has maybe 14 or so.

      --
      Erik
      YOU ARE SAYING IMPUDENCE TO ME! THAT IS IMPUDENCE!
    27. Re:Baseball? by FurryFeet · · Score: 1

      But this IS trivial...ambient volume goes up...it's exciting...volume goes down, boring

      Ah, but in your example, it is the crowd (ergo, people) who determine when the game is exciting and when it is not. You'd only be measuring noise level.

      Now, an AI that can watch the game and determine on its own whether it is exciting or not... that's pretty much as non-trivial as it gets.

      (If MS's patent is about the former, then I apologize. I really can't be bothered right now to go check on the actual patent... in other words, no, I didn't RTFP).

  10. Ban MS from getting patents and dissolve current by Anonymous Coward · · Score: 3, Insightful

    Here we have Microsoft, which has led to an enormous creation of
    wealth and jobs, and has been *good* for the US economy and some of
    the billions generated are being channeled to some worthy charitable
    causes as well. Clearly, 'more Microsofts' are needed and it would
    have an immense impact on the US economy, among other things. If there
    were software patents in the 60s and 70s, there would not have been a
    Microsoft, and the associated billions and the PC revolution. Some
    research intensive company would have held on to some critical patents
    and could have just sat on them and produced no meaningful products.

    However, the present Microsoft is doing almost everything it can to
    prevent another Microsoft from ever occurring, thereby causing a
    "future loss" of billions of dollars and harming the US economy. One
    company cannot be allowed to dictate the future of America. Microsoft
    is hurting America in a significant way since by being very aggressive
    and seeking a huge patent arsenal, it wants to almost ensure that the
    next tech revolution doesn't happen. It will happen, surely, but is
    more likely to happen in countries with nascent patent laws, such as
    in India and China.

    After Microsoft was found to be an 'abusive monopolist', it should
    have been barred from obtaining any patents. Infact, maybe that is
    what is needed, to target a big software company like Microsoft which,
    if barred from obtaining patents, would itself lobby very hard to ban
    software patents for all ! And a strong case can be made aginst why
    Microsoft in particular should not get the protection of patents.

    All it will take is a determined senator to recognize that America
    needs more Microsofts, and the current Microsoft should be reined in
    appropriately. It can barred from obtaining any more patents and/or
    it's current patent portfolio could be dissolved. Then let Microsoft
    spend some of its billions and unleash it's army of lawyers and
    publicists to try and convince the rest of America why software
    patents are bad and no one should have them. That would be
    interesting.

    Someone needs to tell Microsoft: "Abusive monopolist. No patents for you !"

  11. Redmond Monopole by Doc+Ruby · · Score: 4, Funny

    Patents are government-certified monopolies. Of course Gates, commander of the greates monopoly empire ever, wants a fleet of targeted monopolies. The PTO Monopoly Department is Gates' bitch, working overtime on the public dime to keep Gates the only guy who gets to do those businesses. The rest of us have to figure out for ourselves how to earn the money for the licenses to use our own computers, listen to our own CDs, watch our own DVDs, play our own games, pay our own taxes...

    --

    --
    make install -not war

    1. Re:Redmond Monopole by gbjbaanb · · Score: 1

      You see the problem at the moment is that if MS doesn't patent those stupid ideas, then someone else will, and we'll end up with another Eolas-style farce that sooner or later will affect all of us (and not just Eolas's anti-MS stance, imagine someone getting a patent for forum software and demanding /. cease and desist using their patent).

      IBM, Novell, Apple, etc etc etc all have a huge library of patents partly to protect themselves from the other big companies using their patents.

    2. Re:Redmond Monopole by Anonymous Coward · · Score: 0

      They can take their manufactured content and shove it. The only thing I need to use my computer for is to use and produce content that for my own purposes I can do whatever I want with and use however I want. Not only that but I want whatever data I open on my computer to work with the applications that make these things happen. I switched to open source software when commercial software stopped making this easy for me, and I don't care if I have to give up commercial content to do this, because it's not worth it if I can't even use or enjoy commercial content.

    3. Re:Redmond Monopole by Doc+Ruby · · Score: 1

      The problem is the patenting of "ideas". Patents protect an invention. That's workable only as a device, a physical object. The system is manageable when at least working models are required for patent protection. Nonphysical expressions of ideas are protected by copyright; associations of expressions (names, pictures) with anything (ideas, physical things, business processes) are protected by trademarks. When they started patenting ideas not even expressed concretely enough to copyright, not even specific enough to trademark, they turned the system on its head.

      Most everything doesn't exist yet. Claiming ownership of all that, just by proposing that it exists, is insanity. Even the European conquest of the New World required they actually go to the distant territory and plant a flag, even if they then took centuries of war to own what they claimed. The current patent system is like the King of Spain demanding every Aztec, Inca, Mayan (etc) to send him taxes, just because he agreed with the King of Portugal to split the Americas down the middle. Such a scam is not only unworkable, but those caught in its jaws eventually rebel violently, though it might be too late to escape the grip of poverty and collapse. The corporations are the 3rd Millennium royalty, their lawyers the conquistadors, and mere humans are lumped together as "indians", suitable only as guides and slaves. These patents are the deeds to our territory.

      --

      --
      make install -not war

    4. Re:Redmond Monopole by sd_diamond · · Score: 0

      If they've invented monopoles there truly is no stopping them.

    5. Re:Redmond Monopole by Doc+Ruby · · Score: 1

      Thank you for recognizing, and explaining to the cluefree, my pun.

      --

      --
      make install -not war

    6. Re:Redmond Monopole by honor,+not+armor · · Score: 1

      "...working overtime on the public dime..."

      I recall an article in my local newspaper about four years ago that the USPTO had been cut off from public funding, and was now entirely dependent on patent application fees for its operating budget. Therefore, it is the fact that the patent office is not receiving government funding that it has to approve so many patents, thereby convincing companies to keep funding them.

    7. Re:Redmond Monopole by Doc+Ruby · · Score: 1

      All those patents they're granting, expecting businesses to "work it out in the courts", are costing tax money in the court system. Combined with the awards of "punitive damages", on top of actual damages, awarded to the litigant rather than the court, those courts are doing a lot of work on the public dime, the product of which goes into private pockets.

      --

      --
      make install -not war

  12. But does Gates have the patent for... by saskboy · · Score: 1

    I'd patent the process by which a monopolistic company takes out patents on any conceivably useful electronic process, thereby stifling innovation and employing lawyers for the next thousand years.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  13. frivolous patents by hungrygrue · · Score: 3, Interesting

    I wonder what would happen if Microsoft tried to enforce a mearly questionable patent against a defendant, and the defendant were to use Microsoft's own patent arsenal as evidence? Just picture it, they take someone to court over a patent that to a non technical person might seem reasonable, and the defendant shows that it is an obvious idea and then shows for further evidance Microsoft's more ridiculous patents like the note related to a phone call thing to demonstrate that Microsoft has made patenting obvious concepts standard operating procedure?

  14. Edison Labs by magarity · · Score: 5, Informative

    Gotta meet that quota of 60 fresh, nonobvious patentable ideas a week!
     
    The article submitter says this like it's some newfangled scheme freshly dreampt up by big bad Bill. It isn't. Around 100 years ago when Thomas Edison ran his lab it was a patent mill; hired inventors had to submit a weekly quota of patent applications.

    1. Re:Edison Labs by Sparr0 · · Score: 1

      Yes, Inventors. People coming up with new THINGS.

    2. Re:Edison Labs by phillymjs · · Score: 3, Insightful

      Yeah, but back then the patent examiners actually did their jobs, they didn't just approve everything with little regard for prior art, excessive breadth, or blinding obviousness.

      ~Philly

    3. Re:Edison Labs by GoofyBoy · · Score: 1
      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    4. Re:Edison Labs by vidarh · · Score: 1
      Edisons lab actually came up with quite a few things that were genuinely new. But even so, I doubt many people that know how Edison did business would put him forward as a beacon of good corporate governance. In fact, comparing Edison's way of doing business with Gates' seems quite appropriate given the anti trust lawsuits Edison was involved in.

      Edison was also a money grabbing business man that didn't hesitate to abuse the advantages he got from his earlier inventions to try as hard as he could to stifle competition in the cases where he couldn't compete by providing a better product.

    5. Re:Edison Labs by yintercept · · Score: 1
      Yeah, but back then the patent examiners actually did their jobs

      I think the point is that once patent mills reached critical mass they swamped the system.

      One argument is that patents today are more like the copyrights of yesterday and that companies should file everything as a patent to build a database that could be used to prove prior art. The ubiquity of patent mills might simply be creating a system where the patent system consumes itself as the mills drown out deliberate well thought through inventions.

    6. Re:Edison Labs by bjk4 · · Score: 1

      Yeah, and Microsoft isn't the first company to think of using patents to drive business. According to the US Patent Office, IBM was top dog in 2004 with 3,248 patents. Microsoft didn't even make the top-10 that year!

      I totally agree that software patents are out of control, but I find the author's focus on Microsoft very suspicious. In 2004 they weren't even on the radar.

    7. Re:Edison Labs by kesuki · · Score: 1

      ...as the mills drown out deliberate well thought through inventions.

      Isn't that the point of a patent mill? To make sure that no-one else can out do your own inventions by simple patenting everything under the sun before they can?

  15. 3,000? Longhorn bug total? by AtariAmarok · · Score: 0, Troll

    3,000 sounds like the expected total for Longhorn/ "Vista" security gaps and bugs. Hmmm. Produce software, patent the bugs, sue for revealing trade secrets if anyone reports them. Profit!

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:3,000? Longhorn bug total? by Anonymous Coward · · Score: 0

      Windows 2000 shipped with 60000 bugs - Vista will be in the same range. As will any equally complex piece of software.

      The difference is how quickly they are fixed (or not as is sometimes the case with Microsoft)

    2. Re:3,000? Longhorn bug total? by Foobar+of+Borg · · Score: 1

      If that were true, I can just imagine what would happen if the employees get bonuses for each new patent they submit. "Woo-hoo! I'm going back to my office and program myself a new mini-van!"

    3. Re:3,000? Longhorn bug total? by LinuxHam · · Score: 1

      If that were true, I can just imagine what would happen if the employees get bonuses for each new patent they submit.

      Come work at IBM. We get awards for every submission the company deems worthy, every patent actually awarded, and an extra bonus for every fourth submission accepted by the company for further refinement and submission to USPTO. One accepted submission every month would net you an extra $25k or so a year, unless you come up with something extraordinary, in which case the bonus can be much higher than normal. All employees are eligible.

      --
      Intelligent Life on Earth
  16. Leverage against the small developer by WebHostingGuy · · Score: 2, Insightful

    The reason why is that they can use this against the small developers who can't afford to fight the valid or invalid patent. Getting a bunch of patents and then you can make sure that you won't be left behind if someone does come up with a new innovation.

    If you have a patent filing you can sick the lawyers on the small developers and squelsh them while you develop the product. A small software company would likely give in to the patent filing and the lawyers. The patents won't hold up against IBM or someone else in this class, but it certainly is an advantage against the small guys.

    This is why the patent system is not fully functional at this time.

    --
    Quality Hosting e3 Servers
    1. Re:Leverage against the small developer by deathgeneral · · Score: 1

      If you're a small developer isn't there any legal method of fighting these patents? Isn't there anyone out there alarming the governments to the threats of such a poor patent legislation? or are the governments just not listening because microsoft and other such companies produce a lot of money in taxes? This monopoly is soo bad for the small developer...like microsoft saying.."sell us your very innovative idea, or we'll patent it and sue you" :|

  17. Microsoft is an Evil, Patent-Hungry Monopoly! by goldspider · · Score: 1

    OK, it's been said enough already. Can we move on?

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:Microsoft is an Evil, Patent-Hungry Monopoly! by GoofyBoy · · Score: 1

      But this time its Bill Gates vs. Thomas Jefferson in a fight to the finish!

      Nerdy rich guy or dead American politician; YOU DECIDE!

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    2. Re:Microsoft is an Evil, Patent-Hungry Monopoly! by Anonymous Coward · · Score: 0

      There wasn't anything for the minute of hate today.

  18. patent violation by k4_pacific · · Score: 5, Funny
    They got a patent on this?
    BOOL IsBaseballExciting()
    {
    return FALSE;
    }
    Wow. Just wow.
    --
    Unknown host pong.
    1. Re:patent violation by Psionicist · · Score: 1

      More likely, they got a patent on this.

      bool isexciting()
      {
          /* If the game is exciting you can hear it from the screaming fans. 80% of max volume is probably a good threeshold */
          return (soundvolume() > 80);
      }

      Or who am I kidding, it's Microsoft

      char* IsBaseballExciting()
      {
          char temp[3];
          if((double)SoundVolume() / (double)100.0 > 0.8)
              sprintf(temp, "YES");
          else
              sprintf(temp, "NO!");
          return (char *)temp;
      }

      ;-)

    2. Re:patent violation by TheSpoom · · Score: 1

      Wow, the Microsoft code ALREADY has a possible buffer overflow in it. You work for them already, don't you?

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    3. Re:patent violation by Anonymous Coward · · Score: 0

      I really hope you're not a C programmer by trade.

    4. Re:patent violation by scatters · · Score: 1

      Except that temp would only be 2 bytes...

      --
      A One that isn't cold, is scarcely a One at all.
    5. Re:patent violation by BusterB · · Score: 2, Insightful

      Don't forget gratuitous hungarian notation and Unicode support. Oh, and SoundVolume is deprecated; use SoundVolume2 which requires a pointer (reserved for future use):

      tchar* _IsBaseballExciting()
      {
              tchar strzTemp[3];
              double dblSndVol;
              dblSndVol = (double) SoundVolume2(NULL);
              if(dblSndVol / (double)100.0 > 0.8)
                      _stprintf(strzTemp, _T("YES"));
              else
                      _stprintf(strzTemp, _T("NO!"));
              return (tchar *)strzTemp;
      }

    6. Re:patent violation by Anonymous Coward · · Score: 0

      You must be from LOLstrailia.

    7. Re:patent violation by Rick+and+Roll · · Score: 1
      Do you work for Microsoft?

      If you knew C better, you would know that string literals are null-terminated. This means that "YES" would take up 4 bytes. Hence there is not enough space, and your comment doesn't contribute to the funniness of the discussion, except that it's funny that you don't know C very well.

      As an example, to prove that I am write, I declare a four-byte string, initialize the bytes to 55 (just a number I picked), and sprintf "YES" into it:

      int main(int argc, car **argv) {
      char yn[4];
      yn[0] = 55;
      yn[1] = 55;
      yn[2] = 55;
      yn[3] = 55;
      sprintf(yn, "YES");
      printf("%d %d %d %d\n", yn[0], yn[1], yn[2], yn[3]);
      return 0;
      }

      This prints out "89 69 83 0" - no 55's left!

    8. Re:patent violation by Anonymous Coward · · Score: 0

      Looks like you were too busy being "write" and missed the entire point of the joke.

    9. Re:patent violation by Rick+and+Roll · · Score: 1

      It's not like this is some kind of writing competition. This is Slashdot, and I'm not even using my real name. So if I forget to double-check my writing, BFD.

    10. Re:patent violation by scatters · · Score: 1

      One thousand apologies, oh great and wise C master. It has, I'll admit, been many years since I have programmed C, and in the 30 seconds that I spent in my original post, I neglected to consider the fact that strings in C, or to be more pedantic, arrays of characters, are null terminated. The point I was trying to make is that Microsoft being Microsoft, they would have allocated a buffer that is too small to hold all expected values.

      Besides, to be really 'write', you should have used snprintf. sprintf is dangerous you know.

      --
      A One that isn't cold, is scarcely a One at all.
    11. Re:patent violation by The+Cydonian · · Score: 1
      Just to be overly pedantic about it, the patent wasn't about whether baseball is exciting or not, but when it is.

      Therefore, this is the code in question:

      public static DateTime WhenIsBaseballExciting()
      {
      return DateTime.ColdDayInHell;
      }
  19. Mod story -1 Flamebait by Anonymous Coward · · Score: 1, Insightful

    Gotta meet that quota of 60 fresh, nonobvious patentable ideas a week!

    Could we pretend to be somewhat non-biased?

    1. Re:Mod story -1 Flamebait by Anonymous Coward · · Score: 0

      If you're looking for a nonbiased approach to Microsoft's business dealings, look elsewhere.

  20. New patent idea by fimion · · Score: 2, Funny

    I think I will patent Bill Gates' hair style....

    1. Re:New patent idea by cnettel · · Score: 1

      There sure is "prior" for it. If it would also be considered "art", well, maybe...

    2. Re:New patent idea by fimion · · Score: 1

      sure it is an art. i would imagine many people consider hairstyling an art. :)

    3. Re:New patent idea by cnettel · · Score: 1

      Yeah. The question is if any hairstyling has ever been applied to billg.

  21. I blame Linux by Anonymous Coward · · Score: 0

    Linux is the OS of the Christian Church. Linux wants to burn homosexuals at the stake and re-enslave persons of color.Linux starves the poor while transferring all of their meager wealth to the decadent rich.
                Only Mr. Gates stands in the way of the Theocratic Totalitarianism of Linux Hegemony
    Do you know the Toyota Prius and 99% of Organic Farms run Windows?
    While the Engine computers of Chrysler Hemis,Vipers and Corvettes use yes.......Linux.Genetically modified Big Agribusines uses L:inux to design their toxic "Devil Plants".
    Gaia loves Bill Gates while all intelligent Progressive thinkers HATE LINUX!

  22. Not all dumb by Anonymous Coward · · Score: 0

    Obviously stripping whitespace from documents is just a ridiculous thing to try to patent, but identifying when baseball is exciting would not be trivial. After all, not all exciting baseball moments are scoring related, there can be many excellent defensive plays as well.

    A strike out can be thrilling, it can also be mundane.

    1. Re:Not all dumb by ScrewMaster · · Score: 1

      Yes, but simply patenting the "idea" of identifying non-trivial events in a baseball game is wrong. In effect, given the size and heft of Microsoft's legal department, anyone else that ever tries to do the same thing will be squashed, if they even bother to try. That's the real issue here: whether or not Microsoft's researchers are even capable of developing such a product is irrelevant. Overbroad patents that cover general concepts, rather than specific implementations of those ideas, cause real problems because another inventor or company that tries to develop a product to perform the same function in an entirely different way will technically infringe on that patent. Yes, given enough attorneys and court time an illegitimate patent may be invalidated ... but how many inventors do you know that could afford to take on Microsoft? Or IBM? Or any big corporation?

      --
      The higher the technology, the sharper that two-edged sword.
  23. Open your eyes! by Dixie+Flatliner · · Score: 5, Informative

    Software patents are tame and fairly meaningless in the out-of-control state that Patent Law is in; when GE won a patent in Appeals to the ownership of a bacteria that they "engineered" to eat oil, the Patent Office stated, "Everything save a full term human being is patentable." Since then almost 5% of the human genome has been patented by various biotech firms, under the basis of medical trade secrets and pharmaceuticals treatment. I'm not making this stuff up, The Corporation is a good non-technical learning start.

    1. Re:Open your eyes! by GoofyBoy · · Score: 1

      Thank you. I have no idea why you get comments like "Microsoft is the biggest evil ever", when there really more serious, wider-ranging evils just out there in front of people's eyes.

      One example is the one you gave, another common one is DeBeers. Also alot of chemical companies and "factory farms" practices are just shocking.

      But no, Microsoft, is evil just because of the number of patents appiled for? And why isn't IBM, which for the past 12 years the top company in terms of number of patents granted? (over 3000 in 2004)

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    2. Re:Open your eyes! by Tim+C · · Score: 1

      Regarding IBM, it's because they (currently) support Linux and so can do no wrong in the eyes of most slashbots. They all conveniently forget that IBM supports Linux and open source only because it suits their needs to do so - were that to change, their support would vanish. They also all conveniently forget that not that long ago Big Blue were the Big Evil.

    3. Re:Open your eyes! by Anonymous Coward · · Score: 0

      I don't understand genome or biotech patents, I understand software patents. I understand patents on natural language, data processing, protocols, logic and math are unacceptable. I wish you best of luck fighting against biotech patents when you can no longer communicate with your fellow human beings without infringe a software patent.

      Software patents are the gates to a wider patent reform ;-)

    4. Re:Open your eyes! by HiThere · · Score: 1

      MS is evil because MS acts in evil ways. That's rather the definition.

      As for IBM.... well.... whenever they release a piece of software under the GPL, they have released any of their patents used in that software for use in GPL software. Also, IBM doesn't currently have the reputation of abusing end-users. Does this mean I think it reasonable for them to get the patents that they do...no. But I don't feel as threatened when IBM gets a patent as I do when a known violent abused does. Various people have offered testimony that IBM has abused the companies that they work for, and I accept this as plausible. Software patents are an inherrent evil, and they tempt anyone who gets them to engage in evil. And software patents should be abolished. (Perhaps all patents should, but I'm much less certain about that. It seems to me that certain patents are justifible.)

      MS is held up as an evil example because they do evil to individuals.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:Open your eyes! by GoofyBoy · · Score: 1

      >MS is held up as an evil example because they do evil to individuals.

      Its an abstract evil that really only effects really well-off people of the world.

      "MS prevented me from choosing from a variety of word processers that all do the same thing."
      "MS raised the price of computers, even though PC are pretty cheap"

      Whereas with other companies its;
      "Company X are selling corn that is technically a pesticide and aren't allowing me to know about it."
      "Company Y is financially helping to support warlords who commit attrocities"
      "Company Z is destroying the traditional lives of people for short-term profit"

      If you think MS is doing evil to individuals, you need to open your eyes.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    6. Re:Open your eyes! by HiThere · · Score: 1

      I am an individual. MS is doing evil to me. It was doing more before I switched off their platform.

      That others are worse does not make MS good. Also, I suspect MS to be guilty of your 2nd and 3rd examples, though I admit to not having evidence. MS frequently enters into contracts with governments that have less than admirable characteristics. And they do it for their own short term profit.

      So, yes, I think MS is doing evil to individuals. And perhaps you, also, need to open your eyes.

      P.S.: Note that some have claimed that Linux should not be allowed to be used by totalitarian governments. This would require re-writing the GPL, but one of the results is that FOSS is also not innocent of being used harmfully. But FOSS does not attempt to control how it is used. This is analogous to being a common carrier, in my mind, and this does not carry the stigmata of evil. (That said, usually I attribute only a minor amount of evil to MS for it's contracts with governments. It usually seems that the government is dictating the terms of use.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  24. You dirty hypocrites by Anonymous Coward · · Score: 0, Flamebait

    Just yesterday you ran a story about Google's nonsense RSS-for-delivering-ads patent like they were doing something great by revealing the inner workings of their system, and Microsoft files equally inane patents and only now do you call this evil?

    Bah! Fair and balanced my ass!

    1. Re:You dirty hypocrites by fimion · · Score: 1

      Ok, i would think that patenting "identifying when baseball is exciting" does not fall into the same realm as RSS-for-delivering-ads when it comes to patents. one is pretty focused, while the other has a pretty loose definition. "if anyone identifies when baseball is exciting, we will sue them. therefore, all the millions of fans that watch baseball are no longer allowed to cheer or become excited in any way." fun stuff.

  25. Identifying when baseball is exciting. by threaded · · Score: 1

    Identifying when baseball is exciting actually sounds like it could be useful.

    Wonder if it could be used on cricket?

    1. Re:Identifying when baseball is exciting. by alex_ware · · Score: 1

      No, because cricket is very boring.

      --
      If you have nothing useful to say post as AC.
    2. Re:Identifying when baseball is exciting. by The+Cydonian · · Score: 1
      Oh, that's easy; just tune in after the fortieth over of any innings in an India-Pakistan match.

      Of course, helps if you are in South Asia, or are South Asian, or have just married into a South Asian family.

  26. Frivolous Patent Application Penalty by BigFootApe · · Score: 1

    We keep hearing stories about Microsoft or IBM or Amazon trying to patent these ridiculous things that people have been using in various forms for about 100 years, and I have to ask myself what kind of drugs these guys are on if they think they can get away with this sort of behaviour. Are any of these frivolous patents defensible in the context of a courtroom, or do they add effectively to IP warchests when it comes to cross-licensing deals? Are they just a shotgun approach on the off chance that some moron in the USPO gives them a patent on a technology that everyone is already using?

    What is available for estimates on the overall cost to the industry of frivolous patenting? If we're talking about a lot of money, why isn't anyone influential taking up the cause of de-porking the patent system?

    1. Re:Frivolous Patent Application Penalty by Turn-X+Alphonse · · Score: 2, Insightful

      Microsoft have the money to sit on the courtcase for years and years. Most people (and companies) can't aford to have a decade long legal battle without going bankrupt, so they stay out of Microsoft's yard. It's like saying "Tresspassers will be shot", it's very unlikely they will be shot, but do you risk your neck for it?

      --
      I like muppets.
  27. Liberation by Anonymous Coward · · Score: 0
    1. Re:Liberation by Doc+Ruby · · Score: 1

      What is the fallacy of the excluded middle?

      Anonymous Coward thinks we've got to live either under fascism or communism. When there's a perfectly liveable, familiar alternative: American democratic capitalism. Which gained our power in a war between German fascists and Soviet communists, then fighting the communists in the aftermath. Why do you hate America?

      --

      --
      make install -not war

    2. Re:Liberation by Anonymous Coward · · Score: 0

      No, that would be the logical fallacy employed by people who claim that global communism has failed because it hasn't yet triumphed.

    3. Re:Liberation by Doc+Ruby · · Score: 1

      What, are you a Chinese refugee? Why are you fixated on wedging your personal hatred of communism into a discussion of Gates' insatiable monopoly lust?

      --

      --
      make install -not war

    4. Re:Liberation by Anonymous Coward · · Score: 0

      Absolutely not. I'm posting to encourage people to consider alternatives, nothing less, nothing more. I find it interesting that people are so entirely dismissive of communism and socialism that they assume any mention of it to be a troll.

    5. Re:Liberation by Doc+Ruby · · Score: 1

      I don't think it's a troll. I just think that communism is a political structure that is so easy to abuse that it's worse than the broken capitalism we want to fix. And I'm talking about the theoretical (small "c") communism, not just the fake Communism of the Soviet and Chinese fascists. The answer to property abuse is not the abolition of property. It's not the state ownership of all property, or all production (socialism). It's the application of lessons learned in the sustainability of property to the conditions of its ownership. Intellectual property is the most delicate of all, and we're dealing with it in the most crude fashion. Dealing with it in the diametrically opposed crude fashion will be just as bad, and even worse.

      --

      --
      make install -not war

    6. Re:Liberation by Anonymous Coward · · Score: 1, Insightful

      Sorry, can't agree with you. I find the very notion that anyone could ever "own a thought," much less own it and control others' uses of it, collect royalties on it, demand others never to have it, clean it out of the public consciousness and place it firmly in the realm of the profit-secured, to be beyond ridiculous, beyond tyrannical, and firmly in the realm of evil. And I don't say that lightly--I am an atheist.

    7. Re:Liberation by Doc+Ruby · · Score: 1

      It doesn't sound like you disagree with me. I never said it's OK to own a thought. I have talked about some degree of control over an expression of a thought, which means work, and the product of that work. And I have posted repeatedly on my position that patents and copyrights are too long, too broad - far exceeding the protection justified by the Constitutional directive to protect progress. In fact, I have posted several times pointing out that intellectual property is often more valuable when released without constraint (other than protecting it from constraint), owing to the network effect's increasing marginal returns on investment. Nowhere did I say anything like what you're criticizing.

      Also, I'm an atheist, too. And I agree that patent abuse, like any property abuse, is evil - the evil that humans do, without any supernatural hoodoo to blame.

      --

      --
      make install -not war

  28. Original and non-obvious indeed by Mawbid · · Score: 3, Funny
    From the one on whitespace:

    2. The method of claim 1, wherein the size of the page is reduced such that the size of the page is at least as large as the original size of the page
    --
    Fuck the system? Nah, you might catch something.
  29. Patents can be useful weapons. Slashdot should... by DeadSea · · Score: 1

    There a bunch of patents that slashdot should obtain:
    1. Method for obtaining a first post
    2. Method for writing a post that gets modded up
    3. Method for linking to goatse.cx
    4. Method for getting ASCII art past the lameness filter
    5. Method for replying to yourself anonymously to make it looks as if others agree with you
    6. Method for obtaining a buttload of mod points through multiple accounts

    These patents could then be used to selectivly procecute trolls and spammers.

    Currency calculator that understands 'convert 100 euros to canadian dollars'

  30. Developers! Developers! Developers! Developers! by rolfwind · · Score: 1

    I fear this will be the latest step in their FUD linux campaign....... luckily the Penguin is protected by Big Blue and a few others who might have a few patents violated by Gates.

    But what about the rest of Open Source? What if they go against small to medium sized developers that dare to make things for Linux but not MS?

    The patent system as a whole need to be reevaluated. What's being patented in this list aren't new nonobvious processes or solutions to things anymore but just combinations of old things to a new medium (creating a note relating to a phone call). I fail to see the innovation, I hate when someone can patent stuff like that because it will only restrict what we can do in the end with the computers and languages, things they were made to do - solve problems.

  31. Not Surprising by DustyShadow · · Score: 1

    With just about every company patenting crazy things these days, it's no wonder that this happens. It's like an evil cycle. Once one started it, they all felt like they had to just to protect themselves and now it has just spiraled out of control. Seems like the only place this can be fixed is at the patent office because companies obviously aren't going to behave.

  32. white_space_patented? by freeman123 · · Score: 1

    All your white space are belong to microsloth. Now_I_can_only_talk_like_this_without_any_spaces_o r_tabs.
    Whats_next?_patenting_letters/characters?_Soon_we_ will_only_be_able_to_talk_in_binary. Since they only patented white space, maybe we could move to beige space...
    Though, since parts of DNA and skin have been patented, white space isn't that big a deal. Soon someone is going to be able to patent the patenting system, if they just word it obscurely enough.
    I think when patents were first invented, they weren't meant to be made by the thousands by multi-billion companies. I think they were meant for indepentant people/small companies and protect them FROM the multi-billion companies.

    Maybe people will someday rethink the flawed patent system. Either that or the patent system might eventually stop: http://yro.slashdot.org/article.pl?sid=05/07/29/12 30256&tid=155

    1. Re:white_space_patented? by Anonymous Coward · · Score: 0

      Sir/Mam I am writing to tell you that you are potentially infringing on our patent with regards to removing the space in the following sentence (some characters removed for ease of reading) any_spaces_o r_tabs if you replace the whitespace with a _ and thus removing it. DO NOT Attempt to remove the white space after the o in the word _o r_ or you will be sued....

      Rgds.

      Bill

    2. Re:white_space_patented? by Anonymous Coward · · Score: 0

      Well, of course Microsoft patented white space. Sesame Street had already patented the letters so that's all that was left.

    3. Re:white_space_patented? by Luuvitonen · · Score: 1

      They added some Microsoft flavour in the patent, eh. If the user inserts enough space into a page, eventually some of the content on that page will be pushed off the bottom of the page and onto the top of the next page, clipped, or deleted. So let me get this straight. Eventually when enough space is inserted to push some content to the top of the next page our good old friend Clippy comes to ask if this is really intended?

  33. Thomas Jefferson by Anonymous Coward · · Score: 0

    I think Thomas Jeffersons's first reply would be, 'Holy fuck! What demons doth live in this glowing box!?'

  34. Best of luck by Anonymous Coward · · Score: 0

    Say what you want about Microsoft's attempts at the so-called "innovations", but identifying when baseball is exciting ??? That is like trying to prove P=NP. God speed, Microsoft !

  35. Thankfully we're not as unlucky in the EU. by jurt1235 · · Score: 1

    Yet...

    --

    My wife's sketchblog Blob[p]: Gastrono-me
    1. Re:Thankfully we're not as unlucky in the EU. by Anonymous Coward · · Score: 0

      There are no software patents in the EU. The fina decision was on the 6th of July and software patents were abandoned.

      There will be no rerun since it was already the 3rd (amnd therefore last) try to gain "american circumstances" in Europe.

    2. Re:Thankfully we're not as unlucky in the EU. by jurt1235 · · Score: 1

      And it bounced since the patents had to be done in only one language (english) and the french wanted them in french too. Somehow I think there will be a retry of a new proposal anyway.

      --

      My wife's sketchblog Blob[p]: Gastrono-me
    3. Re:Thankfully we're not as unlucky in the EU. by falconwolf · · Score: 1

      There are no software patents in the EU. The fina decision was on the 6th of July and software patents were abandoned.

      Than goodness! Patents shouldn't be issued for software. Protection for software already exists, it's called copyright.

      Falcon
    4. Re:Thankfully we're not as unlucky in the EU. by Lepaca+Kliffoth · · Score: 1

      I believe this is no completely true. Correct me if I'm wrong, I think each nation belonging to the EU still accepts or deny software patents as they see fit, accordingly to their constitutions. The EU effort went towards unification of the method of accepting patents and the refusal didn't outlaw software patents in the EU. Now we need to stand up and say that software patents are bad and must not be issued at all. That makes sense for the EU, because all the software giants like Microsoft are american and in the EU we only have medium sized enterprises that couldn't pay the patent-related legal fees. And yes, I know my english sucks ^^

    5. Re:Thankfully we're not as unlucky in the EU. by Anonymous Coward · · Score: 0

      and the refusal didn't outlaw software patents in the EU.

      Neither are they legal. There are already ~30.000 software patents issued at the EU patent office in Munich and their status is that they're not legally enforceable since enforcing them isn't legal because that bill for software patents didn't pass in the EU despite the fact that there has been an inflation(!) of petitions against software patents.

      Stop this FUD whitenoise.

      Software Patents are illegal in the EU. And I don't know a single EU country that has something like software patents in their local (non-EU) laws.

      End of story?

      No, certainly not. But outsourcing to china is and will be the alternative for most companies to "american circumstances" in Europe.

    6. Re:Thankfully we're not as unlucky in the EU. by The+Tyrant · · Score: 1

      Nonsense!

      The french might have had such an objection, I dont know, but it was rejected by a majority of 648 to 14, which means it was more than just the french who objected to it, and makes it very unlikely it (or anything similar) will be back for a looong time.

    7. Re:Thankfully we're not as unlucky in the EU. by Christian+Engstrom · · Score: 1
      And it bounced since the patents had to be done in only one language (english) and the french wanted them in french too. Somehow I think there will be a retry of a new proposal anyway.
      No, you're confusing the software patents directive, which was thrown out by the European Parliament on July 6, with the Community Patent, which is indeed in some sort of limbo over the language issue.

      But I agree with you that it would be naive and foolish to think that the proponents of software patents have all given up and gone home now.

      They just lost a really major battle in Europe, yes. But they haven't run out of lobbying money yet, so I too would expect them to try again in some other way.

      --
      Christian Engström, Former Member of the European Parliament 2009-2014 for The Pirate Party, Sweden
    8. Re:Thankfully we're not as unlucky in the EU. by Lepaca+Kliffoth · · Score: 1

      I'm not trying to spread FUD at all. I did ask to please correct me if I was wrong. It's ok, I stand corrected. I don't see what good is to fight over things like this since we're obviously on the same side and I've been polite. Are you flaming just for fun? Well it doesn't matter, it's slashdot and I normally don't give a damn anyway.

    9. Re:Thankfully we're not as unlucky in the EU. by jurt1235 · · Score: 1

      Europe virtually has no "inventing" software industry (Only SAP & MySQL come to my mind). There is hardware reasearch & development (Philips, Siemens, some military). I hope the politicians keep that in mind with the next lobby attempt, because patents could kill of the small companies who are trying to be inventive here.

      Thanx for the clarification though, the press in the Netherlands pretty much mixed them up, so I got my info the wrong way around.

      --

      My wife's sketchblog Blob[p]: Gastrono-me
  36. maybe the goal is just eh opposite... by josepha48 · · Score: 1
    maybe they want to show how screwed up the patent office is by getting a patent on something like making a note from a phone call ( duh ), so that the USPTO will actually reform and fix the situation.

    Maybe pigs fly ...

    --

    Only 'flamers' flame!
    Does slashdot hate my posts?

  37. Stacking like cannonballs by SiliconEntity · · Score: 1

    I love that imagery. It's too bad we can't reify patents so that they could really be stacked like cannonballs. Imagine Microsoft, IBM and other companies each surrounded by their stacked-up patents, fortifications, lawyers and lawsuits as cannons peeking over the battlements, threatening to rain down havoc on anyone who challenges them.

    Maybe once we have effective AR systems we'll be able to make manifest the underlying corporate realities which are all so invisible and intangible today. People passing by the Microsoft campus will be able to see the stacked cannonballs and other accoutrements of corporate warfare. It will make for a more colorful world!

    1. Re:Stacking like cannonballs by cahiha · · Score: 1

      It's too bad we can't reify patents so that they could really be stacked like cannonballs.

      Microsoft can and Microsoft does. Yes, people do stack those patent awards.

    2. Re:Stacking like cannonballs by I+don't+want+to+spen · · Score: 1

      I think that Larry Niven once suggested that money be made from uranium, so that anyone who gathered enough of it would risk it melting down/ blowing up. The idea was that radioactive money would circulate extremely rapidly.

      --
      Don't go to a brothel if you want to buy broth
  38. Serious prior art on the phone note thing by barc0001 · · Score: 1

    I used to work at a software company that made contact management software. We had a mechanism built right into the main function of the software that specifically handled notes based on phone calls. The first iteration of that function we did in 1992.

    1. Re:Serious prior art on the phone note thing by Neoprofin · · Score: 1

      You've been violated MS patents for 13 years? You better find a good legal team real fast!

    2. Re:Serious prior art on the phone note thing by Arimus · · Score: 1

      I used to have a little app on my C64 back in 85 (okay it was in Basic and I was still in school) but it had a set of numbers for my friends and a free text area I could put any notes I needed to in.

      I'm sure if I rummage around for long enough in my parents loft I can find the discs (though probably can't find anything to read them even if they're still any good (Doubtful to say the least))...

      --
      --- Users are like bacteria -> Each one causing a thousand tiny crises until the host finally gives up and dies.
    3. Re:Serious prior art on the phone note thing by honor,+not+armor · · Score: 1

      Please, if you can find any sort of submission method to the PTO, point this out to them.

      Come to think of it, if they haven't made some sort of link you could use to help them find prior art, it seems like it would be a really great way to go. We'd just have to get some people in there to mod the posts up or down...

    4. Re:Serious prior art on the phone note thing by aussersterne · · Score: 1

      Apple's Newton PDAs also did this. They would even dial for you from your contacts list if you held the phone up to the speaker, IIRC.

      --
      STOP . AMERICA . NOW
  39. Identifying when baseball is exciting by ChairmanMeow · · Score: 5, Funny

    It's pretty trivial to identify when baseball is exciting:

    bool is_baseball_exciting ()
    {
          return false;
    }

    --
    1. Re:Identifying when baseball is exciting by pdbaby · · Score: 1

      Sir,

      I hereby provide due warning that you are in knowing and unlawful infringement of US Patent #20050160457 (" Annotating programs for automatic summary generations"). We are eager to hear from you as soon as possible to discuss a settlement.

      --
      Global symbol "$deity" requires explicit package name at line 2. - If only $scripture started "use strict;"
    2. Re:Identifying when baseball is exciting by Anonymous Coward · · Score: 0

      Awww ... another uncoordinated geek that could never figure out which end of the bat to hold.

    3. Re:Identifying when baseball is exciting by Master+of+Transhuman · · Score: 1


      Yeah, but the goons who PLAY basketball know which end of the bat to stick up a suspect's ass or bash his head in with when they become cops in later life.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    4. Re:Identifying when baseball is exciting by Linus+Torvaalds · · Score: 2, Informative

      Baseball? Oh, yeah. We call that "rounders" over here in the UK, and it's a game only little girls play :)

    5. Re:Identifying when baseball is exciting by vsprintf · · Score: 1

      It's pretty trivial to identify when baseball is exciting:

      They can stop working on that patent. Baseball stopped being exciting in 1981. Two lockouts and two other strikes in the previous ten years. A bunch of guys making more money than some small countries GDP crying and refusing to play ball. Geez, their plight tore me up as much as Bernie Ebbers' weeping at his sentencing. I haven't followed baseball since.

    6. Re:Identifying when baseball is exciting by Jim_Callahan · · Score: 1

      Football? Oh, yeah. We call that "soccer" over here in the US, and it's a game only kindergardeners play.

      --
      ...it's really a sad day for America when we require a goddamn ACT OF CONGRESS to make our DVD players work properly. ~
    7. Re:Identifying when baseball is exciting by Linus+Torvaalds · · Score: 1

      American football? We call that "rugby" over here in the UK, except we don't wear padding and stop for a rest every couple of minutes like some kind of nancy boys :)

    8. Re:Identifying when baseball is exciting by ToasterofDOOM · · Score: 1

      Oh yeah? Well ... er, um, My dad can beat up your dad!!!

      --
      I am Spartacus
    9. Re:Identifying when baseball is exciting by sumdumass · · Score: 0

      HMM.. most of the little girls playing baseball in the states could probably kick you ass. I wonder how it feels knowing little girls can play a game better then you?

    10. Re:Identifying when baseball is exciting by Linus+Torvaalds · · Score: 1

      most of the little girls playing baseball in the states could probably kick you ass.

      Not being a little girl, I don't play rounders, so yes, they probably could.

      I wonder how it feels knowing little girls can play a game better then you?

      It feels fine. I'm no good at playing hopscotch, plaiting hair, or arousing Gary Glitter either. The fact that little girls are better than me at something I've never put any effort into and don't value in the slightest, unsurprisingly, is not important to me in the slightest. On the other hand, the fact that you've made a national sport out of a game for little girls is quite amusing to me :).

    11. Re:Identifying when baseball is exciting by illuminatedwax · · Score: 1

      But you have to put on 60 pounds of armor because you're scared of getting hit by a ball trying to protect a stick in the ground?

      --
      Did you ever notice that *nix doesn't even cover Linux?
    12. Re:Identifying when baseball is exciting by Linus+Torvaalds · · Score: 1

      You can be killed if a cricket ball hits you. A rock-hard ball that can travel in excess of 100mph? We're hard bastards, not stupid bastards.

    13. Re:Identifying when baseball is exciting by Anonymous Coward · · Score: 0

      I wouldn't care at all. That you brought it up means you'd obviously be fairly insecure about a little girls being better at something than you. Heh.

    14. Re:Identifying when baseball is exciting by illuminatedwax · · Score: 1
      But you like to smash your heads together and beat the crap out of each other without padding? Just as many people get serious injuries from rugby as they do from baseball.

      Also our rock-hard balls routinely travel in excess of 100 MPH.

      --
      Did you ever notice that *nix doesn't even cover Linux?
    15. Re:Identifying when baseball is exciting by Grishnakh · · Score: 1

      Yes, baseballs travel very fast. But the game itself is extremely boring to watch. It's kinda fun to play when you're in 3rd grade, but as a spectator sport it just sucks.

      Rugby, on the other hand, is much more fun to watch, as are soccer and hockey.

      I don't know why my fellow Americans like boring sports so much.

  40. baseball by Anonymous Coward · · Score: 0
    come on, determining whether a baseball game is exciting is easy:

    bool gameIsExciting(int homeScore, int guestScore, int inning) {
          return false;
    }


    There. Can I have a patent now? Please?
  41. Spiderman by Anonymous Coward · · Score: 0

    Microsoft is in a position where they can act to fix these problems, yet they are only taking advantage of them. It seems that they have not watched Spiderman, in which even a young boy with powers that are a huge advantage over others, realizes that: "With great power comes great responsibility"

  42. Baseless baseball patent? by adolf · · Score: 1

    The implication here is that Microsoft is piling up meaningless and obvious patents. Curious if this were the case, I picked the least meaningful-looking one, and read through the app: The Baseball Patent.

    Now, I hate MSFT probably a bit more than most people here, but this patent actually a good idea. It describes a technique which allows a computer to automatically show you the important parts of a game, saving vast amounts of time watching batters meander about and pitchers scratching their ass.

    The cool part, though, is its simplicity. Rather than learn the rules of the game and a vast array of human likes and dislikes, it just listens for an excited-sounding announcer and flags those parts as being important.

    It seems that this technique could easily be applied to, and effectively remove boredom from, any other televised game (except for golf and billiards, which will always be boring).

    It's not an obvious technique, and it's almost certainly unique and novel.

    Why shouldn't ideas like this be awarded a patent?

    1. Re:Baseless baseball patent? by umdk1d3 · · Score: 0

      However, what happens when the announcers begin getting extremely excited about this great new way to save on your insurance? Haha; I just hacked their patent!

    2. Re:Baseless baseball patent? by twitter · · Score: 0
      Now, I hate MSFT probably a bit more than most people here, but this patent actually a good idea.

      Steve, we know you hate your job and wish you had gone into selling insurance but you have to get back to work now and quit astroturfing Slashdot. We pay lots of people in India a hell of a lot less money than we pay you to do this.

      -Love, Bill.

      --

      Friends don't help friends install M$ junk.

    3. Re:Baseless baseball patent? by zappepcs · · Score: 1

      Why shouldn't ideas like this be awarded a patent? Well, because it is obvious. The triggers for what is exciting in this process is why commercials are so fscking loud on broadcast television. duh! Further, there are TV programs around the globe that do this, albeit without software. Using a computer to replicate what a human has done is not unique, nor unobvious. It is a blatently obvious application of the tools (computer & software). Sure, perhaps copyright should apply, but patent? NO, and the copyright should be limited in duration to that of say, 7 years or less. The same function can be done by looking at the parts of a game that are boring, and throwing them away, rather than looking at the exciting parts and keeping them. Duh... Yet another method for sports is to analyze the movement on the screen and decide what is exciting or not, thus the patent in question become frivilous through the fact that there are too many ways to do the same thing, and this patent will not guarantee protection of the inventors use of their invention. That is not to mention that a college intern can do the same thing and produce an identical product. Duh... no patent granted.

    4. Re:Baseless baseball patent? by Anonymous Coward · · Score: 0
      Moderators: Please note that "twitter" is a known fanatical sycophant whose obnoxious offtopic rants are legend here on Slashdot. It doesn't matter what the topic is, he'll find a way to scrape in some pointless Microsoft bashing. While nobody expects us to love Microsoft in any way, his particularly tepid style of calling anyone he replies to "troll" or "liar" or "fanboy" because he happens to disagree with whatever they're saying is well documented and should not be rewarded. If anything, twitter is the type of person that should not be part of the open source/free software community. He is an anathema to all that is good about free software.

      I'm posting this so that you (the moderator) have some context to consider twitter and not mod him up whenever he posts his filler preformatted rants about installing Knoppix or Mepis or whatever that unfortunately get him karma every single time and allow him to continue posting his trademark toxic crap (read on) day in and day out. You may consider this a troll - I consider it community service. And I ain't kidding.

      If you're a /. subscriber, I invite you to look through some of his posting history. I guarantee that you'll be hard pressed to find someone that is more "out there" than twitter. You'll also probably notice he's got quite an AC following. Don't just read his posts, make sure you go through the replies.

      To get an idea of what I'm talking about, check this post out. This is an article about email disclaimers. The parent of the post is complaining about the ads in the linked page and so on, and twitter actually goes off on a rant to blame it on Microsoft and recommend Lynx, because "is teh free".

      Here's another. In this post twitter not only calls the OP a troll but attempts to "tell it like it is" while making some vague argument about "GNU". Yes, if you're confused, you're not alone. The reply (modded +4) proceeds to simply destroy his bogus argument. You will notice he did not reply. This is what some people call "drive-by advocacy". A sort of I'll just leave you with my thoughts here and move on to the next flamebait kind of deal. In fact, he almost never replies because he knows that his fanatical arguments simply do not hold up to any sort of discussion. It's not that he's chosen the wrong cause - he's just going at it in a completely wrong way.

      Here's that drive-by advocacy and FUD in motion: twitter goes on about some topic and then drops the usual "oh and M$ is teh evil" because "WMP phones home" or some such. Called on his FUD, he then claims that WMP stores every song and movie you've ever played in a file, somewhere. Pressed further, he just sort of slithers out of sight, his FUD-spreading complete. This is not about some Microsoft technology that nobody likes anyway; it's about lying for the sake of lying. Way too many of his posts are exactly like this one.

      More? Just read though this post and the subsequent replies. I guess this stands on its own. Or these two. Or this one. Or this one.

      Still not convinced? This is what twitter considers "humour" while going about his daily "M$" routine.

      M

  43. Will they get as many patents as IBM after this? by dreemernj · · Score: 1

    They probably just don't want to far behind. I don't think they were even in the top 5 or 10 companies last year as far as # of patents. I believe #1 belonged to IBM. Even after this push they probably won't get as many patents as IBM, lol. They'll just get more news coverage of it because people are always looking for a reason to hate M$.

    --
    1 (short ton / firkin) = 89.1432354 slugs / keg
  44. Re:Ban MS from getting patents and dissolve curren by MasterOfUniverse · · Score: 1, Troll

    You know im no Microsoft apologist, but it seems very odd that we bash microsoft left and right but never even mention IBM, which indeed is always number 1 every year in getting the most patents! What do we make of this bias here at slashdot?

    --
    "There is no flag large enough to cover the shame of killing innocent people."--Howard Zinn
  45. A symptom of the decline of society by Y-Crate · · Score: 5, Insightful

    With not only the accelerated rate at which patents are being accumulated, but the changing nature of the things being patented, the barrier for entry for any inventor that cannot afford an entire legal team to check for possible infringement is getting far, far too high.

    In the past, if you wanted to make a better faucet, all you had to do was make sure your idea was so unique that it was unlikely that anyone had put something of that nature together before. Now, with the new attitude of the Patent Office, you have to prepare yourself for the possibility that the very idea that water comes out of a pipe is possibly claimed by someone out there. The amount of squatting on basic concepts is going to doom innovation, as a great deal of truly innovative and world-changing inventions have come from a man or woman working in their basement or garage in their spare time.

    Just thinking to yourself, "Has the underlying concept been demonstrated before and left in the public domain?" means nothing, absolutely nothing. Prior art has grown increasingly meaningless. Hell, millions of year of prior art in each and every person that reads this has been patented.

    Company A discovers that gene X causes disease Y and patents this gene that has existed since the dawn of humankind
    Company B develops a test to establish wether gene X is present using nothing but their own methods except for the basic presumption that gene X will cause disease Y.
    Company A sues Company B for patent infringement because they violated their patent on the gene.

    This scenario has occurred before and Company A is the winner.

    While I respect the fact a market economy is a neccesity for the human race at the present time (I say that in the hope that replicators are invented at some point) I don't see the neccesity to blindly approve of the persuit of profit at all costs simply because people want to and "That's just the way things have been done". There is a cost associated with such activity, a cost for which we have no means to compensate. The free flow and generation of capital should never undermine or be put ahead of the greater free flow of ideas in society as a whole , or the freedom of individuals, or you inevitably end up with a "snake eating his own tail" situation.

    Locking down entire realms of study because of a overreaching patent does far, far more harm for us as a people than the good it does for the patent holder. It forces innovators to be reluctant or unwilling to pursue their ideas. The long term effects of this kind of stagnation should be self-evident.

    The desire to make a buck - which should be encouraged - does not validate the methods employed to do so. Right now, the laws are structured to permit and encourage the lack of any focus other than short-term gains for the investors. Short-term gains which will likely pan out to be massive losses financially and otherwise for many in the end.

    1. Re:A symptom of the decline of society by cnettel · · Score: 1
      I think your gene example is a very bad example of an obvious patent. It's NOT obvious what the function is. (If it was, or it was already published elsewhere, the patent should of course be void.)

      If the patent should cover tests, or just artificial use of the gene in other organisms may be worth some discussion, but there are many inventions that are mostly based on the fact that someone has tested a lot of stuff to find what works and what doesn't. The fact that a lot of people might have hit an optimum alloy composition by accident is not prior art for a patent describing a specific alloy, including its wonderful properties.

    2. Re:A symptom of the decline of society by Y-Crate · · Score: 1

      I disagree.

      Patenting a previously discovered gene simply because you learned what it can do is the equivalent of me patenting water because I discovered that it was wet. A basic concept should not be patentable. An implementation should be. A test for a gene is patentable, but the knowledge that gene is responsible for something should not be restricted. If you intend to profit off of biomedical research, then create something that can be used with what you discover and patent that, do not patent what was already there.

      If the Periodic Table Of Elements had been created in today's environment, Dmitri Mendeleev would have never completed it, as he would have likely run out of money to pay the patent holders on each and every element that had been discovered. "Sorry man, can't give let you include Hydrogen until you pay me $500,000".

    3. Re:A symptom of the decline of society by Anonymous Coward · · Score: 0

      It is true that large pieces of the human genome are patented. However there is still hope. Many patents on specific genes are weak and can be challenged, judt by saying that that gene can have other functions/therapeuthic use. We did at lot of this at my last company, looking for weak patents.
      So at least in the pharma world there is still some hope, maybe there is a way to go around software patents???

    4. Re:A symptom of the decline of society by corblix · · Score: 1
      While I respect the fact a market economy is a neccesity for the human race at the present time (I say that in the hope that replicators are invented at some point) I don't see the neccesity to blindly approve of the persuit of profit at all costs simply because people want to and "That's just the way things have been done". There is a cost associated with such activity, a cost for which we have no means to compensate. The free flow and generation of capital should never undermine or be put ahead of the greater free flow of ideas in society as a whole , or the freedom of individuals, or you inevitably end up with a "snake eating his own tail" situation.

      I think you might want to look a bit more into what "market economy" means -- "free market", specifically. A big problem with patents is precisely that they do undermine the "free flow and generation of capital", by restricting who can engage in a given business activity. This is quite deliberate; the justification for patents is/was that the free market doesn't reward innovation enough, since it lets others use your ideas before you have recouped the cost of development.

      Now we see that the system is breaking down and getting out of control. Clearly, something needs to be done about this. What prevents it from being fixed is entrenched interests in the existing system.

      So we have a difficult problem on our hands. Different people have different ideas about how to go about solving things, but the "free market" people are on your side (if I understand you correctly).

    5. Re:A symptom of the decline of society by Anonymous Coward · · Score: 0

      "The amount of squatting on basic concepts is going to doom innovation"

      Wrong. It is going to doom innovation in *america*.

      This is why you chaps need to be scared shitless of China, India....

    6. Re:A symptom of the decline of society by Watts+Martin · · Score: 1

      But in your example, an alloy that's patented isn't (likely) something that's occurring in nature: it's actually an invention. To me, that's the real key here. If I invent a way to synthesize a medicine from tulip bulbs, I can patent the process that creates that medicine -- but I shouldn't be able to patent tulip bulbs themselves, even if I've found a new and non-obvious use for them.

      In the original poster's example, he's postulating a company which discovered what a gene does. If they have a process for discovering what genes do, great--if they base new processes on what they've learned about genes, also great. But the fact that they were the first to discover something important about a gene's function shouldn't give them the right to patent the gene itself. Patenting things they can do with that knowledge about what the gene does, sure--the equivalent of your alloy example. (At least once they actually do those things, rather than preemptively patenting them just because they might be possible.) The gene is not their invention, and it's not even their discovery.

      What the original poster is writing about isn't the equivalent of patenting an alloy -- it's the equivalent of patenting the metals that go in the alloy, and going after anyone who tries to use those metals in different ways.

    7. Re:A symptom of the decline of society by dbIII · · Score: 1
      the barrier for entry for any inventor that cannot afford an entire legal team to check for possible infringement is getting far, far too high.
      That only works with a limited view - those corporations are competing with ones in other nations that are not encumbered by such a broken patent system, can read those patents to get the stuff that is supposed to be protected, and in some cases their government doesn't care about patent infringement at all.

      It's just creating a local barrier to innovation and making US technology less relevant. Don't blame other countries for outsourcing and weird legal restrictions to IP, the USA is doing it to itself and could stop it if they could override the vested interests that are breaking the system and are putting in serious amounts of lobby money.

    8. Re:A symptom of the decline of society by Makarakalax · · Score: 1

      Great comment, thanks. Now I have some new ammunition for my idiot parents.

  46. When is baseball exciting? by Anonymous Coward · · Score: 0

    I don't know if I can positively answer that, but I think I can tell you when baseball is NOT exciting.

    When the Mets are playing.

  47. Re:Ban MS from getting patents and dissolve curren by Viceice · · Score: 1

    Hence, my sig...

    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
  48. Think I Should? by TheRealSCA · · Score: 1

    I have this really neat way of putting my socks on in the morning... think I should patent it?

    1. Re:Think I Should? by jvollmer · · Score: 1
      I have this really neat way of putting my socks on in the morning... think I should patent it?

      Yeah, but you can only wear one sock at a time doing that.

      If it's not Consolidated Lint, it's just fuzz!

  49. Copying Google again by Anonymous Coward · · Score: 0

    Here we go, copying Google again ;)

  50. Re:Patents can be useful weapons. Slashdot should. by felipin-sioux · · Score: 1

    There a bunch of patents that slashdot should obtain

    You forgot one of them:
    7. Method for posting dupes

    --
    Sorry, this sig is beneath your current threshold
  51. Re:Ban MS from getting patents and dissolve curren by Anonymous Coward · · Score: 0

    Because we are biased towards Linux, and IBM and Linux are friends.

  52. Re:Baseball? The Dead? by Ralph+Spoilsport · · Score: 1
    "Trying to explain to a non-baseball-fan what's important about a given moment in baseball, is like trying to explain to a non-deadhead what was so great about one particular concert."

    The most boring band and the most boring sport - and someone might try to determine when either is exciting? Fuck - why not watch paint dry or one of those old movies by Warhol?

    "I like the part where the pigeons fly by."

    "Did you see that bug get stuck in the paint? AWESOME!"

    Grumpily,

    RS

    --
    Shoes for Industry. Shoes for the Dead.
  53. Re:Ban MS from getting patents and dissolve curren by timster · · Score: 1

    IBM is to a great extent a research company; they do huge amounts of work in diverse fields. I remember when they were working on blue-laser optical disks back in 1998, for instance. Thus they come up with large numbers of what most Slashdotters see as legitimate inventions.

    Microsoft is a software development company. It's debatable whether the idea to perform a specific operation on a machine that has been shown to be capable of any operation constitutes a legitimate invention.

    --
    I have seen the future, and it is inconvenient.
  54. Well, duh by Anonymous Coward · · Score: 0

    Why does Bill Gates want 3000 new patents
    Why, to keep with Jeff Bezos, of course.

  55. Re:Ban MS from getting patents and dissolve curren by Anonymous Coward · · Score: 0

    What would happen is that every other large corp would then destroy Microsoft suing them for violations of their own frivolous patents.

    Nothing short of a full revision of patent law will do.

    What is interesting is that things are becomming like a poker game. Everyone knows sooner or later that the house is going bust when patent law is reformed and millions wasted in lawyers fees and applications goes down the toilet. But even though the corporations know that all these patents will eventually be worth nothing they are locked in a mutaual death dance of talking up patents and making applications for ever more ridiculous things to outfox one another in the short term.

  56. Obvious by blitz487 · · Score: 1

    Rather than learn the rules of the game and a vast array of human likes and dislikes, it just listens for an excited-sounding announcer and flags those parts as being important.

    It's not an obvious technique, and it's almost certainly unique and novel.

    What nonsense. Of course it's obvious. Haven't you ever had a game on while you do something else, and then look up to watch when the announcer gets an excited tone in his voice? Or when you hear the crowd roar?

  57. original thought by Anonymous Coward · · Score: 0

    we all may end up paying M$ because we think!!!

  58. Re:Ban MS from getting patents and dissolve curren by Anonymous Coward · · Score: 0

    All it will take is a determined senator

    Yeah, one senator. Keep dreaming.

    I'll bet $10,000 you were born in the US. US immigrants understand its government better than natural born citizens, because they actually have to prove they understand the country before being accorded citizenship.

    I'm veering totally off-topic, but then again, this is Slashdot, where off-topic is is always on-topic...

    Know what would make this country, any country, a better place? It would be a better place if every person who had a say in its governance (i.e. voters) actually understood the principles upon which the country operates. No one should be able to vote, no one should be able to run for office, without passing the country's civics exam. I don't care if you were born here or not. Where you were born has nothing to do with anything. That's one of the poorest excuses for priviledge ever. "I was born here." So fucking what?!

    Now of course, revolutionary activities fall entirely outside the purview of tests and other beaurocratic formalities.

  59. you forgot the key phrases by Shivetya · · Score: 1

    which are.. ... on a computer ... on the web

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  60. What would Jefferson say? by PsiPsiStar · · Score: 5, Funny

    "I tremble for my country when I reflect that God is just."

    "Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state. "

    "The spirit of resistance to government is so valuable on certain occasions, that I wish it always to be kept alive. "

    "An honest man can feel no pleasure in the exercise of power over his fellow citizens."

    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it. "

    "Any cute black slaves around? My wife is out of town."

    --

    ___
    It's the end of my comment as I know it and I feel fine.
    1. Re:What would Jefferson say? by Overzeetop · · Score: 1

      You made up those first five, didn't you.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:What would Jefferson say? by PsiPsiStar · · Score: 1

      I only made up the one about the cute black slaves. You can google the others, or check the links that I provided.

      --

      ___
      It's the end of my comment as I know it and I feel fine.
  61. That's an interesting concept... by Eric+Damron · · Score: 1

    We do have laws that prevent convicted felons from voting in presidential elections. I don't see that it would be too unreasonable to impose extra ordinary restrictions on corporations that are convicted of abusing their monopoly position.

    "All it will take is a determined senator to recognize that America needs more Microsofts, and the current Microsoft should be reined in appropriately."

    Well, I think it would take more than one congressman to do it. Finding honest representatives of the people isn't easy. Unfortunately the people are no longer represented by the people they elect. It's mostly corporate interests that are being protected a corrupt Congress. Tragically the public is too apathetic to do what is required to force a corrupt Congress to change.

    Until enough people get angry enough to come out of apathy and take action Congress will continue to be motivated by special interest money. If enough people do get angry and take action Congress will predictably take token measure in an effort to make the public believe that things are getting better. The measures will likely be little more than a PR campaign that will last just long enough to placate the populous before going back to taking special interest money and returning to business as usual.

    I know. I have a very pessimistic view. I wish Congress would prove me wrong at least once before I die.

    --
    The race isn't always to the swift... but that's the way to bet!
  62. Liberation. by Anonymous Coward · · Score: 0
    1. Re:Liberation. by Y-Crate · · Score: 2, Informative

      Ah, the emergence of a troll to toss accusations of "Communist" my way.

      I was expecting it in the first reply, actually. You've left me dissapointed. I doubt Communists would be terribly appreciative of me explicitly advocating a market economy as I did, so you've made a bigger fool out of yourself than your intellect can probably comprehend.

      My claim that business practices should not defeat the march of innovation, nor should they infringe on the rights of an individual are rather basic principles that you will find held by a great number of people from vastly different ideological perspectives from left to right.

  63. Maybe because... by hackwrench · · Score: 1

    Usually the spacing is already at optimal settings. Or maybe you don't know about text justification. Most online texts don't use it. and I find it annoying in newspapers and magazines.

    http://www.google.com/search?q=%22text+justificati on
    First item turns up CSS3 Text Effects Module and it appears to be this that Microsoft is patenting

  64. Beat the Mets.... by Ghengis · · Score: 1

    Beat the Mets,
    Beat the Mets,
    Step right up and Beat the Mets,
    Bring your children out for the fight,
    Show them how to squash what's not right!

    --

    "The best laid plans of mice and men gang oft agley..." - ROBERT BURNS

  65. This Is a Good Thing by cmd · · Score: 2, Insightful

    It will take a company with a lot of money and a lot of lawyers to finally push the whole broken software patent system over the redline. When it becomes obvious to *EVERYONE* that the software patent system in the US is completely broken, Congress will be forced to finally address the issue. (Perhaps patenting the space " " character will do the trick.)

    I can only hope that all software patents are abolished. IMHO, software patents are bad, software copyrights are good.

    On the other hand, as long as the software patent process continues in its current form it is only smart defensive business to patent everything under the sun. In this situation the only intelligent strategy is, "If I don't patent it, my competitor will." Microsoft itself has been stung to the tune of hundreds of millions of dollars by stupid patents filed by others. Don't blame corporations for filing stupid patent applications, blame the Patent Office for granting them.
    1. Re:This Is a Good Thing by malkavian · · Score: 1

      It won't be solved by teams of lawyers, and companies in the US with huge warchests.
      It'll be solved when the countries that don't have the ridiculous laws outstrip the US in terms of innovation and level of technology.

      Then, it'll either be a case of the US holds to it's broken system, it's companies cease to be competitive because of it, resulting in nobody being able to afford the lawyers, so the system gets fixed to something simple that doesn't take teams of lawyers..
      Or, the pressure to innovate and compete with the upcoming countries (india, china) forces the US to drop the system because they know it would turn the US into a technologically backward country if they didn't.

      At the moment, there's too much money to be made, short term, for the patent hoarders to stop doing that.
      It used to be a case everyone fought for a slice of the pie. Now they're fighting over the ingredients.
      Hopefully they wake up and realise that by doing so, they're stopping everyone baking the new pies.
      And a slice of nothing is very poor sustenance indeed.

  66. On a more serious note... Jefferson on Patents by PsiPsiStar · · Score: 5, Informative

    "The saying there shall be no monopolies lessens the incitements to ingenuity, which is spurred on by the hope of a monopoly for a limited time, as of fourteen years; but the benefit of even limited monopolies is too doubtful to be opposed to that of their general suppression." --Thomas Jefferson to James Madison, 1788. ME 7:98

    "Inventions... cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody... The exclusive right to invention [is] given not of natural right, but for the benefit of society." --Thomas Jefferson to Isaac McPherson, 1813. ME 13:334

    "The following [addition to the Bill of Rights] would have pleased me:... Monopolies may be allowed to persons for their own productions in literature and their own inventions in the arts for a term not exceeding __ years, but for no longer term and for no other purpose." --Thomas Jefferson to James Madison, 1789. ME 7:451, Papers 15:368

    "In the arts, and especially in the mechanical arts, many ingenious improvements are made in consequence of the patent-right giving exclusive use of them for fourteen years." --Thomas Jefferson to M. Pictet, 1803. ME 10:356

    "Certainly an inventor ought to be allowed a right to the benefit of his invention for some certain time. It is equally certain it ought not to be perpetual; for to embarrass society with monopolies for every utensil existing, and in all the details of life, would be more injurious to them than had the supposed inventors never existed; because the natural understanding of its members would have suggested the same things or others as good. How long the term should be is the difficult question. Our legislators have copied the English estimate of the term, perhaps without sufficiently considering how much longer, in a country so much more sparsely settled, it takes for an invention to become known and used to an extent profitable to the inventor. Nobody wishes more than I do that ingenuity should receive a liberal encouragement." --Thomas Jefferson to Oliver Evans, 1807. ME 11:201

    "No sentiment is more acknowledged in the family of Agriculturists than that the few who can afford it should incur the risk and expense of all new improvements, and give the benefit freely to the many of more restricted circumstances." --Thomas Jefferson to James Madison, 1810. ME 12:389

    http://etext.virginia.edu/jefferson/quotations/jef f1320.htm ... It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions, and not merely for their own lives, but inheritable to their heirs. But while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural and even an hereditary right to inventors.
    It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it; but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property.

    If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the pos

    --

    ___
    It's the end of my comment as I know it and I feel fine.
  67. Brass monkey!!!! by jedo · · Score: 1

    What would Thomas Jefferson think if he were around to visit Microsoft's campus, seeing software patents stacked like pyramids of cannonballs?

    That it's cold enough in hell to freeze the balls off a brass monkey?

  68. There's a name, people! by Guppy06 · · Score: 1

    "seeing software patents stacked like pyramids of cannonballs?"

    "Brass monkey."

    1. Re:There's a name, people! by ArcSecond · · Score: 2, Funny

      That funky monkey...

      --

      I've got a bad attitude and karma to burn. Go ahead. Mod me down.

    2. Re:There's a name, people! by bit01 · · Score: 2, Informative

      "Brass monkey"

      Urban legend. Many phrases like that are.

      ---

      I'm not worried about the use of DRM. I'm worried about the abuse.

  69. Newsflash: Jefferson is Dead by General_Tso · · Score: 0, Flamebait

    Jefferson has been dead for 200 years. People may disagree with patent law, but there's not historical basis to assume Jefferson would have objected to this practice in the IT industry. Save the Ouije board for parties, and stop imposing your opinions on people who've been dead for a century or more.

  70. Why Thomas Jefferson by Anonymous Coward · · Score: 0

    Thomas Jefferson was a racist, slave-owning piece of shit. Who cares what Thomas Jefferson would think?

    Microsoft does not need validation from slave-owning evildoers.

  71. Re:Ban MS from getting patents and dissolve curren by Pecisk · · Score: 1

    IBM have been far less destructive to using it's money/power/money sources to drive out competition out of market. Yes, they are no saints, but Microsoft eats and breaths by laws of war.

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  72. Jesus Christ by rsilvergun · · Score: 1

    They patented a shell script.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  73. Re:Ban MS from getting patents and dissolve curren by xutopia · · Score: 1

    his argument is to abolish all software patents, not just MS.

  74. Re:Baseball? The Dead? by sgant · · Score: 1

    Wow, must be an internet first. Somone mentioned a band (any band will do) and then someone posts how much they suck...

    sssssssssshhhhhhhhhocking

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
  75. Re:Ban MS from getting patents and dissolve curren by GrungyLotG · · Score: 0, Troll

    IBM doesn't pump out buggy software year after year for insane prices, and almost-non-existant changes. Also, IBM actually carries out innovative research instead of trying to remarket office 950 which is exactly the same as office 97.

  76. Prior Art on Phone Call notes as well by msobkow · · Score: 1

    Way back around 1988-1990 I had an interview with a company that had developed and marketed caller id triggered lookups. Before the receiver even picked up the phone, the computer would already be retrieving customer account information and other notes so the receiver wouldn't need to waste anyone's time retrieving the information manually. Obviously the information retrieved and stored was more detailed than just a generic note (which was only one data field in the system.)

    Many IVR (interactive voice response aka automated answering services) also use such technology to do information retrieval and storage.

    The patent applied for by Microsoft is a toy in comparison, and the only thing "new" is using the computing resources of an integrated device like a cell phone instead of multi-line call center hardware.

    In other words, they seem to be trying to patent the idea of performing the processing for the case where n = 1. Pathetic, but typical of their single-user mentality.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Prior Art on Phone Call notes as well by Anonymous Coward · · Score: 0

      That's how the Dominoes by me keeps tracks of customers.... They just enter the missing data in the system once, and it tracks it with the number, and they can look back for previous orders and notes....

  77. Next patent by springbox · · Score: 2, Funny

    I wonder if Microsoft will try to patent a method for stating the obvious?

  78. Re:Have a reality check by sillybilly · · Score: 2, Interesting

    You put too much trust into Big Blue. Unfortunately, their only incentive right now is "anything but fall prey to Microsoft." If Big Blue could be MS themselves, they'd be, in an instant This open source support seems just a defense for them. The motto: Better work for free and give the stuff away, then work for free and be hung out to dry at MS's whim.

  79. How many examiners are there? by Mateo_LeFou · · Score: 1

    Can't find it on USPTO's site, but I realized that Microsoft's strategy compels the office to review 8.2 applications a day, 365 days a year... and that's ONE company.

    --
    My turnips listen for the soft cry of your love
  80. Re:Patents can be useful weapons. Slashdot should. by Pop69 · · Score: 1

    You forgot 7. Method for posting dupes.

  81. That's great but by Anonymous Coward · · Score: 0

    How many EU software companies are taking advantage of this fact and actually making products to compete against their US counterparts? It could be that EU software companies have no incentive to innovate in the software field without some patents.

    1. Re:That's great but by fcw · · Score: 1
      It could be that EU software companies have no incentive to innovate in the software field without some patents.

      It could be the case, but it isn't. Any alleged software company waiting for patents before it creates products is a company the rest of us EU software developers can stop worrying about.

  82. Why the redirected links? by GraZZ · · Score: 1

    Why is Slashdot posting links to appft1.uspto.gov that are redirected through dw.com.com? So that .com.com can track our viewing habits? Do the editors not check for this?

    How would we feel about Slashdot accepting a story from some guy that had his Amazon referall on all the links?

  83. Fuck software patents by Anonymous Coward · · Score: 0

    Use as many obvious patents as possible in every program you write. Just make sure that they are from a multitude of different companies, that way they're fighting each other over who gets to sue you.

  84. I wonder by 3DGSabbath · · Score: 1

    I wonder when MS will patent "looking at a computer screen". The end is coming.

  85. Give MS Some Credit! by GISGEOLOGYGEEK · · Score: 1

    Come on!

    Anyone who can actually find some way to detemine when baseball is exciting can't be all that bad! ... perhaps one day we'll be able to tune in for that magical 2 seconds of each game without having to watch the other 3 hours!

    --
    George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  86. Re:Patents can be useful weapons. Slashdot should. by rvw · · Score: 1

    Slashdot should make love, not war! And in this spirit another useful patent would be an automatic option for breasts in the polls.

  87. Re:Ban MS from getting patents and dissolve curren by RogerWilco · · Score: 2, Informative

    A difference I see between IBM and Microsoft, is that Big Blue seems to have at least done some truly innovative cutting edge stuff, I've yet to see something from Microsoft that makes me go "yeah that's realy impressive they came up with that". Some IBM researchers have actually received Nobel prizes, I've yet to see a Microsoft employee do that.
    From http://www.research.ibm.com/know/top.html
    - Copper Chip Technology
    - Giant Magnetoresistive Head (GMR)
    - Speech recognition technology
    - Scalable parallel systems
    - Token-ring networking
    - High-temperature superconductivity (1987 Nobel prize)
    - Fractals (Mandelbrot)
    - Thin-film magnetic recording heads
    - Scanning Tunneling Microscope (1986 Nobel prize)
    - Formula Translation System (FORTRAN)
    - Reduced Instruction Set Computer (RISC) architecture
    - Relational database
    - Magnetic disk storage
    - One-transistor dynamic RAM (DRAM)

    Disclaimer: 1) I am in no way affiliated with IBM, and know they abused their monopoly in the '80 too. I just think it's ridiculous to compare IBM and MS R&D results, just name 1 significant MS innovation.

    2) I'm no big fan of software pattents in general, at least in their current form, because checking 20,000,000,000 pattents each time a program a line of code is impractical.

    --
    RogerWilco the Adventurous Janitor
  88. 17 YEARS - the thing to fear is patent extension by jrboatright · · Score: 1

    Irrespective of how horrific you may think a particular patent is, it runs for only 17 years. If in fact, the GIF patent had been somthing that we had been unable to get around, if we had to suck it up and have overlarge image files for 17 years, would it have been the end of the world, or would "Image Freedom Day" have been even more fun?

    The "when is baseball exciting" patent is clever as all hell. If MSoft can make some bux off it for the next 17 years, so be it, but eventually, your FOSS automatic digital tv-watcher will be able to snippet out game highlights for you for your quick review, in about 17 years. Wanna bet on if the software's actually ready?

    Now, if congress starts passing PATENT EXTENSION bills. THEN and only then, does your doom and gloom need to take over.

  89. Re:How far does the US patent law reach? by symbolic · · Score: 1


    I think the open source community should start worrying. IT doesn't have any patents, and most likely will not be pursuing any. It also doesn't have the deep pockets that will be required to defend against someone claiming ownership of a specific method. Are there any other options besides making the software unavailable, or changing it so much that it may no longer meet the objectives set forth by its original author?

  90. Yes, but... by alan.briolat · · Score: 1

    ... who on Earth (excluding Lawyers) can read these applications? Or maybe that's the point? Lawyers protecting their own interests as usual.

    There seems to be an entire 'dialect' of the English language which only exists on Patent applications, and any attempt to read such text aloud results in severe tongue-twisting (not to mention headaches).

    Maybe, if they MUST keep allowing patents, they should only allow READABLE patents...

    --
    I swear we should be allowed to give mod points to sigs... "-1, Offtopic"
  91. What else should we do now? by ccady · · Score: 2, Interesting

    Alright people, this is stupid. Computer software patents in the U.S. have to be abolished. I've written my senators and representative. What else should we do now?

    --
    J'aime mieux les méchants que les imbéciles, parce qu'ils se reposent. -- Alexandre Dumas
  92. Re:Ban MS from getting patents and dissolve curren by GoofyBoy · · Score: 4, Interesting

    > IBM is to a great extent a research company;

    IBM makes $2 billion/year from patent licenses. With that amount of money and over 10000 patents in diverse areas, they make MS look like a grade-school bully.
    From: http://www.forbes.com/asap/2002/0624/044.html

    After IBM's presentation, our turn came. As the Big Blue crew looked on (without a flicker of emotion), my colleagues--all of whom had both engineering and law degrees--took to the whiteboard with markers, methodically illustrating, dissecting, and demolishing IBM's claims. We used phrases like: "You must be kidding," and "You ought to be ashamed." But the IBM team showed no emotion, save outright indifference. Confidently, we proclaimed our conclusion: Only one of the seven IBM patents would be deemed valid by a court, and no rational court would find that Sun's technology infringed even that one.

    An awkward silence ensued. The blue suits did not even confer among themselves. They just sat there, stonelike. Finally, the chief suit responded. "OK," he said, "maybe you don't infringe these seven patents. But we have 10,000 U.S. patents. Do you really want us to go back to Armonk [IBM headquarters in New York] and find seven patents you do infringe? Or do you want to make this easy and just pay us $20 million?"


    >Thus they come up with large numbers of what most Slashdotters see as legitimate inventions.

    Legitimate?;
    http://news.com.com/2100-1017-961803.html
    http://slashdot.org/articles/01/10/17/005232.shtml

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  93. We are free to patent anything we make laws for by fossa · · Score: 2, Insightful

    I don't myself understand how anyone could even believe that software is really patentable. All modern computer languages are context free grammars ...

    We've got to stop thinking of the law in these sort of terms. The law isn't written in stone so that interpretations may be debated forever (e.g. patents only apply to X. let's argue about the definition of X). The law changes. If we decide we want patents to apply to language, then patents apply to language. If ambiguity exists in the law, we can argue over how it does or does not apply to new situations, but at some point we need decide how we want it to apply to new situations and make it so.

    Patent law was designed to to promote progress (which I define as "encourage more invention") by rewarding the work put into invention with exclusive rights. Is work put into computer programs? Yes. Will some sort of protection promote the invention of more computer programs? I think so. Does the patent system do this? Of course not; it's a complete mess. But my point is that arguing about things in terms of "well, technically it's just language" or "technically, it's the same as a mathbook" is not useful. We are free to make laws allowing the patenting of math; the above argument then boils down to "we can't patent math because it's math". We need to make the argument that these laws need to promote progress, nothing more. They are not currently doing so and are in serious need of reform. And we need to be very clear why the law should promote progess and what damage can and is being caused by the current state of things.

    1. Re:We are free to patent anything we make laws for by medge_42 · · Score: 1

      No we are not.
      Math, for example. We cannot patent that 2+2=4 and we should never be able to patent that. Could we patent that the sky is blue? No we cannot. We cannot patent truths or ideas.

      The question that needs to be asked, here, is where does it end? As a simple example; in Excel does Microsoft patent Excel, the idea of a spreadsheet or the ability to calculate the sum of two cells next to each other? At what depth do we stop. Does Intel patent their microcode(which is more likely as it is embedded in something solid), so no-one can write anything for an Intel chipset without patent infringement?

      The original post tells us that there are no patent on story types, just copyright on the stories themselves. It is a valid arguement against software patents. The ideas, concepts behind the software cannot and should not be patented; the specific solution should be as is protected by copyright.

      As to patents encouraging more invention, that is quite wrong. It implies that prior to software patents invention and progress in software wasn't encouraged that much. We had minimal worthwhile software and no arguments about code bloated software. What does encourage innovation is good competition, which I am sure I don't need to point out to anyone here is the reason why Microsoft is applying for the patents.

      Open source software is rarely, if ever, patented, and tends to contain some of the most inventive code I have seen.

      On a personal note, I have developed two OSS projects, and if the company I worked for had patented the one I began there, it would have remained limited and useless, particularly after a junior programmer took it over and never listened to me or looked my design specifications for it and turned it into a pile of shite.

      Patents will block innovation, not encourage it.

    2. Re:We are free to patent anything we make laws for by Anonymous Coward · · Score: 0

      How much do patents cost? Isn't it possible to make a patent and designate the rules for using it as "Open-source only code can use this technology"?

      If we could find one of the basest things Microsoft couldn't live without and patent it, couldn't we tumble the tower that is MS, at least to the point of forcing reform of the system? After all, polititions go nuts when they can't get money.

      Of course, I'm probably just dreaming, because the money involved in such an endevor would probably be massive.

      With inventiveness, which Open-source people are known for, we probably could do it someway. We raised enough money for a full-page New York times Ad for Firefox, afterall.

      We'd best get thinking now if we want to hit them. The longer we wait, the more they patch their armor.

  94. Re: Here's the funny thing by symbolic · · Score: 4, Interesting


    I was doing some reading the other day, and based on what I found, I'm not certain that software, technically, and legally, is patentable. The latest ruling determined that the loading of software into a machine makes it into a new machine, and thus, patentable, but it didn't go so far as to say that software, by itself, is patentable- the USPTO has held that software is primarily a series of mathematical algorithms, and as such cannot be patented. I'm wondering if there's still a fundamental question here that needs to be decided by the courts.

  95. Killing software patents one patent at a time by Anonymous Coward · · Score: 0

    At once, this article is both disturbing and encouraging. It's disturbing that the US patent system has become such a farce. Patenting using a handkerchief or napkin when sneezing... crossing a letter T from the left to the right, or sitting on a cloth chair when on a date and needing to pass wind... all patentable, and apparently, done so by Gates and Co. It shows just what a farce the patent system has become. Everything people do every day (and have for hundreds of years) is now worthy of this public tax by private individuals!!! At some point, software patents will be put out of their misery in the US because of this (sooner would be better than later though).

  96. Re:Ban MS from getting patents and dissolve curren by Anonymous Coward · · Score: 0

    I am the original poster.

    Copyright on software is a better alternative to patents. You create something, you get a copyright on it. Someone else copies it, go sue. That is fine. But if you come up with some idea and patent it, and don't do anything with it, that is stifling innovation. Especially when you are a large corporation like Microsoft, you are really hurting the whole industry and the nation's economy by stacking up so many cannonballs. Even if you (Microsoft) say that you don't go around suing others, we cannot trust you anymore since you have already been found to be an ABUSIVE MONOPOLIST. Sorry, you had your chance. It is like you go and kill someone and say you won't do it again - yeah ...right...*sound of flicking the switch*. This move will hurt your shareholders, fine, that's what they deserve for supporting an ABUSIVE MONOPOLIST.

    A "no software patent movement" in the US would see opposition from almost the whole industry. Patent reform thing would involve the whole gamut of patents (pharma, etc). Target just Microsoft; convince people that Microsoft shouldn't have patents beacuse it is bad for America. Let Microsoft be sued and crimpled, as that is what would create the next boom.

    STRONG MICROSOFT = BAD FOR AMERICA
    WEAK MICROSOFT = GOOD FOR AMERICA

  97. holy crap your ignorance is stunning by Fmuctohekerr · · Score: 2, Informative

    took me five seconds to find this yes, you are right, MS never actually had to go to court... http://en.wikipedia.org/wiki/VirtualDub

    1. Re:holy crap your ignorance is stunning by Anonymous Coward · · Score: 0

      Ah wikipedia, the incorrect encylopedia, how do you amuse me ...

      There was no letter. There was a phone call from a programmer who worked at Microsoft in the Windows Media group. Said programmer told the VirtualDub author that the ASF format was protected by patents, and suggested an alternative method that the author could use that didn't violate the patent.

      Given that GPL code is supposed to be unincumbered by patented technology, you would think that the community would have appreciated the heads up. However, that doesn't appear to be as fun as bashing someone trying to do the right thing ...

      http://www.advogato.org/article/101.html

      As a side note, if this is the only 'evidence' you can find of a 25+ year old company "enforcing" its patents, you are doing more to further arguements counter to your point than for it ...

  98. Thomas Jefferson and Microsoft patents by falconwolf · · Score: 4, Interesting

    What would Thomas Jefferson think if he were around to visit Microsoft's campus, seeing software patents stacked like pyramids of cannonballs?

    Thomas Jefferson would be mightly unhappy!!! Origiannly TJ was against patents and copyrights however his friend James Madison eventually talked and showed him how they could be beneficial and support the creation of new art and objects. Once he was convinced TJ, using an actuary table, calculated patents and copyrights should only last 28 years, if I recall right 14 years with one 14 year extention possible.

    Falcon
  99. Patent = pay bonus? by Anonymous Coward · · Score: 0

    If you got a bonus in your pay check because something you did at work (for MSFT) was accepted as a patent, wouldn't you be looking for ways to patent everything you did, even if it is borderline acceptable?

    I'm willing to bet that this is the source of the increase in patent activity from MSFT - employees are being incentivised to do it.

    If you got a bonus of a month's salary for patenting an idea at work, would you still continue to be "anti-patent-the-world" ? If you can pull that off two or three times a year, what then, hmmm ?

    I don't know if this is the case, but in American companies, everything is for sale and given that patents are a tangible representation of intangible ideas (or IP), it seems pretty straight forward, to me.

  100. All this is nice and all but... by NitricEster79 · · Score: 2, Insightful

    is there anything we can do to stop this from going on? Does anyone know of any political groups that are actively seeking to end software patents and genome patents? Where do I sign up?...I could sit here and say how stupid software patents are over and over again but it isn't going to do much good in the long run. What can I do besides being one small voice to my reps in congress to help change the patent system? Links, phone numbers, e-mail lists...anything you guys got I want to know about....and hell Slashdot should provide a link to such political groups on both sides of such issues when they are brought up in articles.

  101. patents or copyrights by falconwolf · · Score: 2, Insightful

    It could be that EU software companies have no incentive to innovate in the software field without some patents.

    Why does software need the protection of patents when they already have the protection of copyrights?

    Falcon
    1. Re:patents or copyrights by blastedtokyo · · Score: 1

      Because that would make it legal for someone to take someone else's software and just re-code it copying all of the design/usability work as long as the "expression" was different.

    2. Re:patents or copyrights by falconwolf · · Score: 1

      Because that would make it legal for someone to take someone else's software and just re-code it copying all of the design/usability work as long as the "expression" was different.

      Hope I'm wrong but I'd guess you didn't have a very good lit teacher. Those I had would have, I saw it happen a couple of tymes, screamed "plagiarism".

      Falcon
    3. Re:patents or copyrights by sumdumass · · Score: 1

      Software needs the protection because in this day and age when someone makes a product they don't want any competition.

      With a patten, i can stop you from developing a competing product and therefore not have to improve my product to stay competitive. I can then jack the price up and sit back because either people buy m,y software wich is marginal or buy your software wich is better but you still have to pay me to sell it. You see i can profit while making the least effort possible. If i was lucky enough to be one of the original companies, i could also patten stuff that already has made an impact (or is just plain obvious) and now control who has the ability to competer with me.

      Pattens has nothing to do with stoping someone from copying my programs. It has all to do with making as much money as possible with the least amount of effort. It ensure thta when my product sucks and you decide to make somethign better, i still get paid.

    4. Re:patents or copyrights by Sique · · Score: 1

      You never coded much, right? Reimplementing software from scratch is so much hassle that it is not done very often, and if, then only out of pure necessity.
      The intrinsic value of software is not so much the number of ideas implented than the number of traps stepped into and furtherly avoided.
      And differently than the features, those workarounds, sophisticated little one-line-codes and smart tricks are not specifically pointed out, and a clean room implementation of the same will have to learn them anew.

      --
      .sig: Sique *sigh*
  102. must make patents to stay alive by eneville · · Score: 0

    I think I'll take out a patent on creating a patent.

    Seriosuly though, why should anything that is fundamentally 0's and 1's be patented, unless its revolutionary it should not be a patent.

    Does MS have some agreement with the US government where they must create work for 10,000,000 new lawyers per year?

    If or when MS goes bust all those lawyers will have no work, other than deciding who creditors are.

  103. What would Jefferson say? by exp(pi*sqrt(163)) · · Score: 1
    Who cares? He didn't invent the patent. He has no special insight into patents. His idea of what intellectual notions might and might not have needed legal protection bear little relationship to the state of the world today. He could have had no conception of the ability today to transfer gigabytes of IP practically instantaneoulsy, or the way vast economic enterprises today are founded on products for which physical presence is more or less irrelevant.

    Of course if you've been brought up in the Cult of America you believe that every word that exudes from the mouths of the Holy Founding Fathers is the wisdom of the Gods.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  104. Getting a raise as MS employee by Satorian · · Score: 1

    Patent "Making fun of Microsoft".

  105. This infringes on my cricket patent by steve_l · · Score: 1

    I have a patent that predates your code

    int isCricketExciting() {
      return 0;
    }

    thus it and the MS patent are void :)

    -steve

  106. Sooner or later... by payndz · · Score: 3, Funny
    My prediction for the not-too-distant future...

    Non-Western SoftCo: We wrote some cool new software.
    US 'IP-directed' SoftCo: Ha! We have software patents that cover your program! Hand over all your money now!
    Non-Western SoftCo: Do we look American? Fuck you, and fuck the horse your lawyers rode in on.
    US 'IP-directed' SoftCo: B-but... you can't talk to us that way! We'll use our bribed, uh, 'lobbied' politicians to stop you entering our market!
    Joe Public: [Downloads software from non-US site]
    US 'IP-directed' SoftCo: Shit! Our revenue stream! If only we actually made something! Aiiieeee!

    ThiS, of COurse, may have happened already...

    --
    You must think in Russian.
    1. Re:Sooner or later... by initialE · · Score: 2, Insightful

      That would be true, except for the explosion of free trade agreements between the US and the rest of the world. Essentially, the agreement states that US law (specifically targeting patent and copyright law I believe) is applicable beyond it's borders, and "I'll pwn you if you don't sign it".

      --
      Starbucks, Harbuckle of Breath.
    2. Re:Sooner or later... by Anonymous Coward · · Score: 0

      Can I fuck the lawyer's horse?

    3. Re:Sooner or later... by Anonymous Coward · · Score: 0
      This is why the US spends all its money on the military instead of education, health etc.

      Either you can make stuff (like some countries do) or you get yourself a big enough army that other people feel inclined to "give" you stuff.

    4. Re:Sooner or later... by PlacidPundit · · Score: 1

      US 'IP-directed' SoftCo: OK, we'll fix that. Politicians! Come here a minute. We'd like you to turn over even *more* sovereignty to the United Nations so we can spread our bad legal practice everywhere.

    5. Re:Sooner or later... by Anonymous Coward · · Score: 0

      Too bad that approach has never worked for very long in the past...

      ...or maybe it's not too bad.

  107. How many... by AnalystX · · Score: 2, Funny

    Q: How many IT workers does it take to screw in a light bulb?

    A: One, at Microsoft. Everyone else has to license the process from them or wear night vision gear (Microsoft is working on the candle patent).

  108. I can see it now... by Anonymous Coward · · Score: 1, Funny

    "Method for convincing people you have a hamster on your head"

  109. Prior art by shywolf9982 · · Score: 1

    I started using the same algorythm since I was eight (1990). Sometimes people will take me to terribly boring shows, and I couldn't help but let my mind wander away (I was a very creative boy, to use an euphemism). But, to carefully hide my total lack of intrest, I would clap my hands and fake to look intrested when I heard clappings or comments from people near me. Btw, don't reply to my post, I won't be reading it, I'm on my way to the patent office...

    --
    nbody2002:If you can read this you may be addicted to the internet
  110. How long until ... by Maverick390 · · Score: 1

    we see a patent for blatent misuse of patents?

  111. Us up in Humboldt are still trying by linzeal · · Score: 1

    I've lived in Eureka and Arcata for awhile now and if you think that such a movement ever died you are misrepresenting the pioneer spirit alive and well up here. One day they will legalize marijuana and block the roads it is just a question of when.

  112. Re:What would Jefferson say? (wrong on two counts) by joelsanda · · Score: 1

    I'd say you're wrong on two counts:

    He could have had no conception of the ability today to transfer gigabytes of IP practically instantaneoulsy, or the way vast economic enterprises today are founded on products for which physical presence is more or less irrelevant.

    Perhaps not, but that doesn't matter. He certainly had an idea of unstiffled free enterprise, though. Which is certainly more valuable than the ad-hominem attack you masked as a comment.

    He has no special insight into patents.

    ""In the arts, and especially in the mechanical arts, many ingenious improvements are made in consequence of the patent-right giving exclusive use of them for fourteen years."

    --
    The Luddites were ahead of their time.
  113. Re:Patents can be useful weapons. Slashdot should. by DeadSea · · Score: 1


    The method that slashdot uses to post dupes is so good that it shouldn't be patented. It is a trade secret that competitors might spend 20 years and millions of dollars to discover, but still not figure out how slashdot editors are able to post so many dupes. Filing a patent just make their secrets public and competitors would be able to post dupes just as well in fifteen years when the patent expires.

  114. How do you know it[American C.ism] is the middle? by RedLaggedTeut · · Score: 1

    Not the extreme left or right?

    --
    I'm still trying to figure out what people mean by 'social skills' here.
  115. Words of Wisdom by Anonymous Coward · · Score: 0

    "If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today."
                                                      --Bill Gates

    Welcome to the future.

  116. Too bad you didn't patent your idea by RedLaggedTeut · · Score: 1

    eh-heh ;-)

    --
    I'm still trying to figure out what people mean by 'social skills' here.
  117. Another +5 from the knee-jerk reaction crowd! by Photo_Nut · · Score: 2, Interesting

    Patent's aren't a bad thing. They allow a *limited* monopoly on an *invention* for a period of about 15 years at *most* (in the USA). Yeah, technology changes... The Lempel Ziv Welch patent which recently expired is an example of a patent of a non obvious method which changed our lives and is now free to implement. There are better algorithms and tons of other patents in the image compression space, but this was a particularly high profile patent.

    Any patents on obvious or previously implemented technologies won't stand up in court, but of course, it means paying lawyers to stick up for the little guys who don't have the money.

    But just because you don't like the law doesn't mean that you can suddenly chnage the rules, unless you are a congressman, and then you can only make the rules under your jurisdiction.

    Microsoft may not be the worlds best team player, but that doesn't mean that MS doesn't deserve to use the inventions its employees legitimately invent. It also doesn't mean that Microsoft can't charge licensing fees for the usage of those patents.

    What is scary is the number of companies whose sole existence is to buy up patents with potential litigation and then sue people with products that potentially violate the patents. These companies of lawyers suing companies making real products is a disturbing trend in the industry. Normally, when one large company sues another for violating patents, the other counter sues, and the two companies shake hands and agree to license each other's patents. But when a company that exists solely to sue large and small companies sues, they tie up our court system to take money from people who build the products that make our world run.

    That ends up coming from all of our pockets to make a few people who bought a few inventions fabulously wealthy.

    The moral of the story is that all the large corporations now seem to be cross-licensing each others patents so that hungry lawyer companies attempting to claim huge amounts of money can be beaten down with a big "I licensed that technology from XYZ corp" stick. And the big corps have also started licensing some of these technologies, Microsoft for example has this website here. Is this progress? Well, OSS needs to develop its own patents if it wants to compete. Is it not unreasonable for individuals in the Open Source movement to compete like this?

    "Hello Pot. This is kettle. You're black."

    1. Re:Another +5 from the knee-jerk reaction crowd! by skrolle2 · · Score: 1
      From the website you linked:
      A patent is granted if government patent examiners conclude that an invention is a true innovation compared with existing technology.

      If only that was true. :-(
  118. Here's Larry Ellison's Take by Master+of+Transhuman · · Score: 2, Insightful

    from back when Microsoft bought a license from SCO:

    "Asked to comment on the news of the licensing deal at a news conference today, Oracle Chairman and CEO Larry Ellison seemed to have no compunction about drawing a link between the agreement and SCO's litigation. "Bill [Gates] is innovating. Microsoft has always had incredible innovation. You've had advanced bundling, and what you see now is extreme litigation. They have a lot of experience with extreme litigation, actually," he said."

    What's the connection between this and TFA?

    I'll tell you.

    First of all, PJ at Groklaw wants the discovery in the Novell vrs SCO suit to take a deep long look at exactly WHAT "patents and IP" that Microsoft allegedly licensed from SCO for "millions of dollars."

    Secondly, this is likely to prove that Microsoft doesn't need to litigate open source based on their patents - up until now, anyway. They'd been able to pay other people to litigate FOR THEM.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  119. Re:How do you know it[American C.ism] is the middl by Doc+Ruby · · Score: 1

    American capitalism is a huge, varied area of activity. Some of it is fascistic: corporate welfare, absolutely protected by government officials who really work for a corporation. Some of it is socialistic: the Public Library system springs to mind, as well as public schools. Most of it is in the middle, though generally closer to fascism than communism. And it's always in flux. I'm talking about the majority of economic transactions, which are just somewhere to the right of the exact center. As opposed to the communist and fascist extremes I inferred from that post.

    --

    --
    make install -not war

  120. Why didn't I think of that? by in4apenny · · Score: 1

    You know, having all the pages in a document re-format, just because you added one line of text really is annoying. I'm glad MS has invented a solution and I can't wait to use it.

  121. Fresh? Nonobvious? by Ulrich+Hobelmann · · Score: 1

    Call me when patentball gets exciting...

  122. Re:17 YEARS - the thing to fear is patent extensio by Anonymous Coward · · Score: 0

    Seventeen years is an eternity in computing.

  123. The price of a patent by Anonymous Coward · · Score: 0

    Something I haven't seen mentioned is the actual cost of obtaining a patent. (I looked this up a while back, so I only guarantee order of magnitude.)

    Registering a patent w/ the USPTO runs around $1000 for the first 3 years, more after that (up to the 17 year term.) That is nothing compared to the cost of hiring a lawyer to fill in the paperwork, which can easily top $10,000 but which greatly improves the odds of getting a patent, especially a frivolous one.

    Most individuals can't pay out this kind of money, even for good ideas; MS, who has legions of lawyers on staff, can afford to register thousands. Incidentally, their patents are worth much more than one issued to an individual, since they can afford to litigate them: MS can use a completely bogus challenge to bankrupt a small competitor without ever setting foot in court; only a company the size of IBM can realistically challenge MS no matter how good the case (hey, they beat the US government and made fools of the Europeans!)

    The patent system, like the tax system and any of a hundred federal court rulings over the last few decades, has departed so far from the Founders' intent and plain common sense that it makes the entire US government look banana-republicish at best, self servingly evil at worst (and most likely.)

  124. Timing of call related note patent Application by blastard · · Score: 1

    Anyone recall when they first saw PocketPCs that make call related notes? I see this one was filed in January of 2005. If anyone not under an NDA saw that feature before January 2004, Microsoft's goose is cooked. The US is almost the only country that allows you to file a patent a year after you first publicly displayed it. Most other countries do not allow you that grace period. The PocketPC phone I purchased last year had that feature, but I did not buy it until Q4. Anyone see a demo at a trade show or Microsoft event?

  125. Re:Ban MS from getting patents and dissolve curren by HiThere · · Score: 1

    You make a decent argument for the abolition of patents. You may be correct, I'm not certain. I am certain that software patents should be abolished.

    If that isn't what you meant to be arguing, then perhaps you could say it explicitly.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  126. I see the future... by Hosiah · · Score: 1

    Where patents become meaningless. The kicker was "adding and removing whitespace from a document" , done with Unix's "sed" program nearly 50 years ago - much more quickly than any editor running under M$. These people are essentially patenting air so they can charge everybody to breathe. At some point, perhaps after you've patented DNA, sunshine, and the orbiting of galaxies, a credulity barrier must be breached. M$ has made it so that software patents in the future will hold as much water as those famous http://www.legal-forms-kit.com/legal-jokes/dumb-la ws.html "dumb laws" ; pushed onto the books...just to quietly rot.

  127. Software Patents are a bad thing... by Eric+Damron · · Score: 1

    Patent violations are in all or most software. There are too many stupid patents being issued to prevent it. Most of them would be thrown out of court if challenged but the average individual does not have the resources to defend himself. In particular, groups of people who gather in cyberspace to express themselves though software development will not have the resources to do so when facing legal and financial terrorism by monopolistic corporations.

    --
    The race isn't always to the swift... but that's the way to bet!
  128. Re: Here's the funny thing by Anonymous Coward · · Score: 0

    Turing would help you understand this. A 'computer' being a general purpose machine becomes whatever code is run on it. Since the number of programs is infinite, a computer is ANY possible machine (that transforms signals). Since the interpreter (harware) is invariant and the code is variable the definition of its function is contained entirely in the software. By that logic ONLY pure software can meaningfully be patented.

    Imagine, in accordance with Church-Turing, that you also made the hardware as fluid and invariable. Any algorithm can be expressed in an alternative syntax ordinated on alternative hardware. Cheap desktop VLSI fab is going to make a nonsense of any patent system that tries to separate harware and software.

    The patent system is screwed because it contains a point of self contradiction and denial. It professes to protect the work done in implementation, but instead serves the protection of abstract ideas. Anyone can have a great idea and as technology improves the amount of work needed to turn a good idea into an implementation decreases. That is what frightens established business, and that, imho, is why patents are being subverted from their original role of protecting tangible work, to that of inhibiting competetive, and indeed cooperative development.

  129. Re: Here's the funny thing by Franck+Binard · · Score: 1

    Every program is a proof. When the prog language is typed, the types are propositions of the logic that is defined by the type structure. When the language is untyped, type resolution happen (through a math. alg. like Curry Res) and then it's a proof of a logic... Every prog language theorist knows this. Go and patent a proof.

  130. Re: Here's the funny thing by vsprintf · · Score: 1

    The latest ruling determined that the loading of software into a machine makes it into a new machine, and thus, patentable, but it didn't go so far as to say that software, by itself, is patentable- the USPTO has held that software is primarily a series of mathematical algorithms, and as such cannot be patented.

    From what I've read, it is the USPTO that allowed software patents on its own. The SCOTUS ruled that genetically-engineered organisms were patentable. Apparently, the patent office leadership thinks software is a man-made organism.

  131. what was so great about one particular concert? by Anonymous Coward · · Score: 0

    The D-R-U-G-S.

    The didnt call it Drums>Snacks instead of Drums>Space for nothing.

  132. one patent violation coming up by badnova · · Score: 1

    Identifying when baseball is exciting? printf "Never";

  133. Re:Ban MS from getting patents and dissolve curren by vsprintf · · Score: 1

    You know im no Microsoft apologist, but it seems very odd that we bash microsoft left and right but never even mention IBM, which indeed is always number 1 every year in getting the most patents! What do we make of this bias here at slashdot?

    The fact that IBM released 500-some patents to OSS might have something to do with it. How many patents has MS released to OSS?

  134. Now you know why software patents are crappy by HuguesT · · Score: 1

    According to TFA the software industry now expect a patent for every $500k spent in R&D.

    That may sound like a lot of money but it's not, compared with other industries where they cost on the order of 10x as much at least, potentially a lot more for the pharmaceutical industry.

    Hence software patents are on the average not based on much research or development, i.e. are not worth that much in terms of efforts.

  135. I have software patents- the PTO is the problem by blackhedd · · Score: 2, Insightful

    I'm a holder of several software patents, both issued and pending. I vehemently disagree with the whole concept of software patents, but in today's broken environment, you have to apply for these patents as a defensive measure. Otherwise you may find that someone else can prevent you from commercializing your own ideas.

    And having been through the process, I can tell you that most examiners at the USPTO are simple, unimpressive bureaucrats with nowhere near the capability and insight needed to evaluate software innovations. They are not operating in bad faith, they just aren't equipped to do the job that the big shots in our industry are asking of them. (Further proof of this point is that they usually retire as soon as they are eligibile, and ever-increasing numbers of them leave the service early. It's a crummy job.)

    The path of least resistance for the PTO is to just grant about 60% of the applications put before them and hope that the courts will sort out the conflicts. That's a great solution for the small technology shops and individuals that produce the real innovations, isn't it? Especially since you're now relying on an equally ignorant judge and jury, who will be favorably impressed by those nice, polished, well-dressed attorneys from IBM/Microsoft/Oracle/Toshiba/whoever.

    LEGISLATION is needed to solve this problem. The community needs to draft a revision of the patent laws and lobby its passage through Congress. Anybody interested in taking up the challenge?

  136. See: Asimov, Issac - Foundation Series by jd · · Score: 1
    When it is questioned as to how the Empire could possibly be decaying, it is pointed out that progress has become impossible and that what does exist is largely unmaintained.


    The same can be said of invention/innovation in America today. (In fact, it can be said of a lot of things in America today, but that's getting off-topic.)


    The barriers for real progress have become almost impossibly high and most of the real inventions, these days, are to be found elsewhere. Take a look at the pioneering work these days - in stem cell biology, it is taking place in South Korea. The Japanese are have gigabit home networks and public IPv6. That's also where most of the hybrid car research is taking place. The inventor of the clockwork radio moved to South Africa, in order to get funding - America and Britain considered the idea a joke. He's now a multi-millionaire. That's one hell of a joke.


    Let's look at OS research - Linux comes from Finland and OpenBSD from Canada. Plan 9 has moved out of the US and to Britain. Peripherals? Japan was the first with 60" LCDs. Sound? MPEG-4 evolved in part from VQF, which came from Yamaha. Aviation? Airbus seems to be innovating more than Boeing, these days. Shipping? The UK reclaimed the Blue Ribband several times over, and the Swedes have built Stealth Ships.


    America has one of the biggest R&D budgets in the world - Japan spends more, but that's about it - but all of the big-name developments are happening elsewhere. So, what IS the money in the US being spent on?


    Partly on patents, from the looks of it, and partly on pharmaceuticals that get passed by the FDA only to be banned a short time later. I'm not even going to get into the Aspartamine fiasco.


    It seems to me that the current R&D situation in the US is a proven disaster. And not all off-shoring is done to save money, suggesting that American firms are well-aware that the existing patent situation in the US is a mess.


    Indeed, it looks to me that the patent laws in the US have less to do with protecting ideas and more to do with owning talent. If company X owns the rights to technology Y, then the only way an American can really learn about Y is to join company X.


    But this only works on Americans. Most of the rest of the world ignores American IP, because it is such a scam. Which seems to suit American businesses, or they'd be pushing harder for changes elsewhere. (Sure, one or two tried in Europe, but it wasn't that much of an effort. They only bribed one group of politicians.)


    So, the effort seems specifically to keep Americans ignorant. The R&D elsewhere doesn't seem to bother the American industry that much, even though other countries now practically own the US economy.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:See: Asimov, Issac - Foundation Series by Y-Crate · · Score: 1

      Foundation is precisely what I was thinking of with the original post. I was going to include some bits of it, but you did a far better job than I could have.

      With U.S. manufacturing, R&D, support and other jobs moving overseas, what exactly are we left with? "The New Service Economy" is what I keep hearing about, but at first glance it seems to mean getting paid absolutely decrepit wages to support the lifestyles of those at the top of the heap, who are there by virtue of having control of corporations that have moved all but their executive offices overseas.

      The middle class is shrinking, and its former members are now downwardly mobile. Many of them want to work and learn skills, but career paths are evaporating at an alarming rate. Many of the once-hot jobs no longer exist within our borders, and it is increasingly difficult to gain traction in the new economy because no one is quite sure what they should be doing and the barriers for entry into the higher-paying fields continue to increase. We can't have a nation of MBAs, and our economy cannot survive if we have a nation of Wal-Mart employees. Welfare will not help if there is no taxbase to support it. Job training certainly would improve things, with the cost of higher education skyrocketing, it is no wonder that we have so many underskilled and underemployed people who have the intelligence and motivation to do much better in life.

  137. Bill Gates or MS? by heov · · Score: 1

    so Bill Gates wants these patents? Or is it Microsoft Corp...

    1. Re:Bill Gates or MS? by BCW2 · · Score: 1

      Whats the difference? M$ does nothing without the major stockholders approval. It simply boils down to uncontrolled greed. If there is a nickle to be made they/he will do it, no matter how deep they have to dive in the cesspool (let's buy Gator!).

      --
      Professional Politicians are not the solution, they ARE the problem.
  138. Who is Thomas Jefferson? by Anonymous Coward · · Score: 0

    Who is this person, and why should people think that his ideas are worth listening to?

    Is this something only Americans know about?

  139. I rejoice ... by constantnormal · · Score: 1

    ... that Bill Gates is doing more to destroy the odious concept of "software patents" than any amount of well-reasoned logic ever could.

    Hell, let him patent the combination of individual letters into words, and the mathematical combination of numeric digits into other numeric digits -- assuming he hasn't already.

    Whereas winning monopolistic dominance over the personal computer industry via dirty tricks, deceit, and ruthlessness wasn't enough to inflame people's sensibilities, allowing a single company to lock up an entire economy by exploiting the flaws in our patent system might be enough to provoke a response.

    Hopefully that response will not be to award him the ownership papers to the United States.

  140. Are you working for MS? by dusanv · · Score: 1

    You got a nice buffer overflow going on there. That strzTemp should be 4 tchars wide to fit in the string terminator.

    1. Re:Are you working for MS? by wirelessbuzzers · · Score: 1

      That plus it's on the stack, and so will be killed by the next function you call.

      I work for MS (temporarily, I'm an intern), and yes, Hungarian and Unicode are a PITA, but they have some nice tools which autodetect certain kinds of bugs (buffer overruns, possibly null pointer passed to function expecting non-null, etc). There won't be so many of those bugs next time around.

      --
      I hereby place the above post in the public domain.
    2. Re:Are you working for MS? by Vo0k · · Score: 2, Funny

      > You got a nice buffer overflow going on there. That strzTemp should be 4 tchars wide to fit in the string terminator.

      Thank you for reporting this. This issue exists in our database with ticket Q3579550. It's meant to be that way. Some applications depend on this behaviour.

      Sincerely
      Microsoft debug dept.

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
  141. Fuck me, this is why I use Linux by crivens · · Score: 1

    Fuck me, this is why I use Linux. I won't pay another cent to Microsoft to feed their crazy attempts at patenting anything that moves.

  142. Re: Here's the funny thing by Better+Than+Bacon · · Score: 1
    While there's no real debate about whether mathematical theorems should be patentable, let's think about that for a second...

    I don't think patent offices do (or should) decide whether something is patentable based on purist arguments like "programs are mathematical proofs, and we obviously should not patent proofs". Instead I hope they decide these things based on whether it's good for research and/or the economy.

    So if patents on theorems magically encouraged the pace of advancements in mathematics, then I think it'd be a good idea. Of course, when it comes to math, it's a little more obvious that patents won't have this effect -- that's a better reason to not want patents in math, or any field.

    Bottom line: whether patents are good for software is independent from whether they're good for math, regardless of how related the two fields are. I personally think software patents impede innovation in our industry, but both yourself and I could be wrong about that.

    <sizzlesizzle>

  143. Re: Here's the funny thing by symbolic · · Score: 1


    THere was a decision in early 1980 that dealt with an engineer who attempted to patent to a physical process controlled by software. Initially the USPTO refused, stating that software was not patentable, and merely wrapping within the context of a physical process did not change anything. A decision by the SCOTUS stated differently. However, the SCOTUS did not out-and-out say that software was patentable - it simply stated that, patenting a physical process controlled by software does not constitute an attempt to patent the software itself, but merely the collective whole of the implementation (the case was Diamond vs Diehr).

    When people saw this, (i.e. lawyers), they interpreted it to mean that software was now patentable, and thus began the ball rolling. The USPTO, for whatever reason, has allowed the patents to continue, but I'm still not sure if there is any specific decision which explicitly addresses the issue of patents acquired for software in and of itself.

  144. Organizations for patent reform? by bburdette · · Score: 1

    So I think the consensus is that most slashdot readers are opposed to software patents. So what? The question is, what are we going to do about it? Where do I send my check for 100$ to get somebody lobbying senators and etc?

  145. Re: Here's the funny thing by Anonymous Coward · · Score: 0

    they said the same thing about patents of living things.

  146. baseball... ingenious by UlfGabe · · Score: 1

    i submit that baseball is not very often exciting, therefore a mathematical algorithm would be interesting for me, and i expect it would be non-obvious as the computer has no real human inputs other than score/runs/hits/and perhaps noise level.

    saying all that... i hate baseball. very boring.

    --
    Check journal for info on Anti-TextBook, an idea by me.
  147. Nobody understands patents it seems by Keeper · · Score: 1

    Patents don't cover ideas, they cover how you 'practice' an idea.

    Lets say I have a patent for a device designed to cut paper. Let's call my invention "scissors." The patent doesn't cover "how to cut paper", it covers a specific device capable of cutting paper. There are many methods that can be used to cut paper ... there is a "paper cutter", a "paper shredder", cutting it with a knife, tearing it, etc. Each of these 'inventions' is a specific method which allows me to practice an idea -- cutting paper.

    The idea of "making a note related to a phone call" isn't what is being patented. The particular method they used to solve the problem IS.

    Etc.

  148. This level of greed is crime against humanity by Anonymous Coward · · Score: 0

    I wish he wanted to patent get 3 billion patents.
    There should be a treshhold somewhere which eventually triggers legislators to recognise the absurd greed behind this mindset.

    Certain level of greed is simply crime against humanity.

    Mr. Gates and Microsoft is pushing the limit.

  149. One MS Innovation by Freaky+Spook · · Score: 1

    Disclaimer: 1) I am in no way affiliated with IBM, and know they abused their monopoly in the '80 too. I just think it's ridiculous to compare IBM and MS R&D results, just name 1 significant MS innovation.

    The BSOD, its such a helpful tool.

  150. Re:Ban MS from getting patents and dissolve curren by WillWare · · Score: 1
    just name 1 significant MS innovation.

    It looks like you're trying to identify one or more examples of Microsoft ingenuity and creativity! Would you like some suggestions?

    • Clippy the wonder dog^H^H^Hpaperclip
    • Lame-ass interview questions about manhole covers
    • Operating systems where most problems can be easily fixed by simply rebooting the computer
    • No more suggestions right now, thanks! My mind is already blown by the brilliance!
    --
    WWJD for a Klondike Bar?
  151. You know you're reading Slashdot when.. by Schrockwell · · Score: 1

    You know you're reading Slashdot when three completely separate posts with "return false" jokes get modded +4 and +5 Funny.

  152. Very obvious by bit01 · · Score: 1

    It's not an obvious technique, and it's almost certainly unique and novel.

    It's very obvious.

    You want to abstract/summarise a non-computer information source automatically using a computer - an obvious task for automation. You've got sound and you've got video. With the current state of the art the computer is not intelligent enough to interpret this information source directly.

    What else is the computer going to do except look for loud noises and possibly contrasting lights? Sure, you could come up with Heath Robinson nonsense variations but loud noises are by far the most obvious approach.

    With the stroke of a pen the USPTO has now blocked any realistic competition in yet another area for decades to come, retarding the state of the art.

    ---

    It's wrong that an intellectual property creator should not be rewarded for their work.
    It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
    Reform IP law and stop the M$/RIAA abuse.

    1. Re:Very obvious by adolf · · Score: 1

      Obvious, eh?

      The patent describes a system which looks for excited speech, not loud sounds. (After all, in a modern TV broadcast, -every- sound is loud.)

      Oh. You thought of that one, too?

      Look, kid: I think it's rather original, and a bit cool, that I might be able to use a baseball announcer to allow my DVR to detect and skip boringness, automatically.

      Retarding the state of the art? It seems, to me, that this is a step beyond the current state of this art. It therefore defines "state of the art".

      You want to do something better? Improve their concept in some substantial fashion, and patent it yourself. That's why the USPTO exists, after all...

      Patents aren't always horrible.

      But I suppose you'd prefer the saying "Build a better mousetrap and the world will beat a path to your door" to read something like "Build a better mousetrap and the competition will take it directly to the bank while laughing manaically".

      Some day, it might be your mousetrap. And when that happens, I strongly suspect that you'd like to keep it yours.

  153. PATENT LIMIT by mewphobia · · Score: 1, Interesting

    Why don't they just impose a patent limit on companies? If each company is limited to 10 patents, we wouldn't have to deal with this mess. Have an option to release a patent if you want to file a new one after you've reached 10 patents.

    Or would it just start a slew of people operating multiple companies and licensing their software to their other companies?

    1. Re:PATENT LIMIT by Vo0k · · Score: 1

      Yes, it would.
      Alternative: Incremental renewal fee. If this patent is worth to you more than $1mln to keep it for the next year after first 3, pay $1mln. Then worth $2mln for another year? $4mln for sixth year? $8mln for seventh?
      The most useless patents would get released really fast.

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
    2. Re:PATENT LIMIT by mewphobia · · Score: 1

      The problem with that approach is that startups with little money couldn't compete. But if you drop those arbitary figures to make it more reasonable for everyone, big companies would just absorb it as a tax for doing business.

      I know there has to be a solution out there but i can't think of it for the life of me :P

    3. Re:PATENT LIMIT by Vo0k · · Score: 1

      1) NOT tax-refundable. Simply the idea must be so novel, original and VALUABLE that it allows you to earn this kind of money. Actually, this could be counted AS tax! Well, patents are sometimes ALL that companies posess. They are considered VERY valuable by some. Why not tax them?
      2) Possibly include another field: "Expected patent value". Your fee (increasing) would depend on it, but you would be able to claim only so-and-so much in court for patent infringement, and you would be obligated to sell the patent to anyone willing to buy it for no more than some fixed X times the "expected value". If you think your patent will earn you $10bln/year, pay up $100mln up front and be assured of your monopoly because nobody will shell out 100 times that. If you expect it to bring more like $1000/year, keep paying your $10, $20, $40, $80 yearly till some software giant decides to come and buy it from you for $100k.
      3) if over 3 (5?) years you didn't manage to earn enough on your patent to keep it, it wasn't good enough. The whole idea is that costs of retaining the patent should follow closely (but at a reasonable distance) the curve of profit from a good patent. If in year 8 you are supposed to earn $20mln/year, and in year 9 you expect it doubled, you should gladly pay $8mln in year 8 to retain your position. But if this thing doesn't bring you expected profits, rethink it and drop your monopoly, maybe somebody will innovate and do this better. Or maybe you ought to innovate, patent the innovation, drop v1.0 to public domain and start selling "New, better" v2.0?
      4) With 3-5 good patents, it makes perfect sense and is affordable for everyone. But if your company wants to keep a portfolio of 1000 patents, it suddenly becomes horribly expensive and you must drop 950 of them just to keep remaining 50. Or drop the value of the 950 to level affordable by all the startups...

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
  154. Hmm... by Kopiok · · Score: 1

    Aren't you supposed to have actually invented what you are trying to patent...? Unless MS did actually "invent" those... techniques, then wouldn't they not be able to patent them?

  155. Feedom in America...HAHAHAHAHAHAHAHAHAHAHA!!!!!!! by Anonymous Coward · · Score: 0

    I guess only if you are rich and can buy laws. >:(

  156. Annotating programs for automatic summary,,, by tonsofpcs · · Score: 1

    Annotating programs for automatic summary generations [Identifying when baseball is exciting]

    Audio/video programming content is made available to a receiver from a content provider, and meta data is made available to the receiver from a meta data provider. The meta data corresponds to the programming content...

    It's called closed/open captioning/teletext data/subtitling. It's exciting when the typist/stenographer cannot keep up with the real audio. It's not exciting otherwise.

  157. How do I patent vapourware? by crovira · · Score: 1

    That's would fix everything.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  158. Re: Here's the funny thing by Anonymous Coward · · Score: 0
    the USPTO has held that software is primarily a series of mathematical algorithms, and as such cannot be patented.

    I hold a patent on an algorithm that was approved by the USPTO. I'm not very proud of it, but it was approved, without any claims that it was anything but an algorithm.

  159. A question of Legitimacy by Recovering+Hater · · Score: 1

    "The Collaborative International Dictionary of English v.0.48" Legitimacy Le*git"i*ma*cy (-i^*m.a*sy^), n. See Legitimate, a. The state, or quality, of being legitimate, or in conformity with law; hence, the condition of having been lawfully begotten, or born in wedlock. 1913 Webster The doctrine of Divine Right, which has now come back to us, like a thief from transportation, under the alias of Legitimacy. --Macaulay. 1913 Webster Strictly by definition of "legitimate", doesn't it appear that even though we all may not agree with software patents, they are in fact a legitimate business model ? Or does it depend upon your definition of the word legitimate?

    --
    My humor is probably your flamebait
  160. We need an "AmIObviousOrNot.COM"... by argent · · Score: 1

    Someone put together a script that pulls up software patents (or lets people suggest them) and rates them. People can go through and hit an "obvious" or "unobvious" button to see the next patent.

    Engineers whose names are on the most "obvious" patents each month would get a boobyprize.

    Give people an incentive NOT to put their names on stupid patents.

    1. Re:We need an "AmIObviousOrNot.COM"... by argent · · Score: 1

      PS: I hereby donate this algorithm to the public domain.

    2. Re:We need an "AmIObviousOrNot.COM"... by StrawberryFrog · · Score: 1

      You'd have to translate them into English first. Nothing's obvious when written as 10 pages of legalese.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

  161. Re: Here's the funny thing by epee1221 · · Score: 1

    The SCOTUS ruled that genetically-engineered organisms were patentable.

    Heh heh heh yeah... and I've worked with patented bacteria in bio -_-

    --
    "The use-mention distinction" is not "enforced here."
  162. Important saying... by Taulin · · Score: 1

    Worry not about patents.. make your inventions, then money. Patent fights will come later. Use your money to fight a little, pay a little, and still make profit. Those who worry about patents make nothing, and make nothing.

  163. Gotta meet that quota of 60 fresh, nonobvious... by seramar · · Score: 1

    "Gotta meet that quota of 60 fresh, nonobvious patentable ideas a week!"

    Now only if the /. editors would apply this mentality to the front page!

    A little late, I know :)

    --
    australian project gutenberg is better than the original.
  164. Baseball's always exciting by RsJtSu · · Score: 0, Offtopic

    Seriously, I know all you foreigners are not gonna agree with it nor are most of the Americans. But baseball is always exciting. There is no other sport that during the season you can watch your favorite team everyday except for the 8 days they get off during the season. No other sport has as many "plays" as baseball. Baseball has roughly 300 "plays", meaning that there is a pitched ball 300 times per game. Football maybe has 60 plays per game. There is also not nearly as much history in other sports as there is in Baseball, and by other sports I mean the big 5 (baseball, hockey, football, soccer and basketball). The game's been almost unchanged for 150 years. What about "The shot heard round the world", or Cal Ripken playing in 2637 consecutive games. Hank Aaron hitting 755 home runs. Or even the everyday things like a 100 mph fastball or a curveball that breaks 3 feet. Or even the split second diving play at third or climbing the fence to rob a homerun. I know this is a rant, but baseball is always exciting. There is no clock, the offence reacts to the defence, there are no fouls(I mean penalties), they play everyday, and who can't root for their favorite team even if its been years since they won the world series? If you think baseball is boring it's because you don't understand the game.
    Oh, and FK Microsoft for trying to shorten sports.....that is why we have ESPN isn't it?

  165. Too vague... by aybiss · · Score: 0

    The problem is the useless patent office. How can they approve the patent on something so vague?

    Just because I word it as

    'A way of inhaling and exhaling alternately, beginning at a point close to the user's birth and ceasing at death.'

    doesn't mean I can patent breathing!

    I think it's just that lawyer's inability to concisely state the bleeding obvious with the computer industry's ability to create new technical jargon on a daily basis. The lawyers cannot understand each other's babble and so allow the patenting of ridiculous things just because they have been carefully worded to sound unique.

    It is absolutely impossible that such an operation has never been done before but you can't convince a patent lawyer that something is so obvious that there really is only one way to do it on a computer, so they allow whoever has the money to sit around all day doing this to get away with it.

    Can someone with some cash and time please patent

    'A method of causing a computer to take action based on a list of instructions that guide the computer and the user through a set of operations to a logical conclusion.'

    so that we can ALWAYS have prior claim and finally show these guys (ie the Patent Office) the door.

    'Thanks for all your work... morons! Go back to sueing victims of robberies or something.'

    Aaron.

    --
    It's OK Bender, there's no such thing as 2.
  166. Re:Baseball? The Dead? by vrai · · Score: 1

    Yes, but the grandparent post did make a valid and highly important point. Both Baseball and the Grateful Dead really, really suck. In terms of entertaining ways to pass the time they rank along side being tortured by Iraqi insurgents or dying of cancer. They are two of only a few activities that would be improved by a suicide bomber.

  167. This is so cool!!! by tacocat · · Score: 1

    Really. Keep it up Bill. Go for 12,000 next year.

    With sufficient abuse will come sufficient pain that the USPTO position in business and science will be forced into a renegotiation as it becomes more and more obvious that you simply cannot do business in this country. While the patent farms are screaming for their right to innovate it will become more obvious that they are only trying to smother the competition. And the competition will go to other nations where US Patent enforcement is more lax. And we will be met with an overseas flood of not only our patented products being made overseas, but highly innovative products being sold from overseas nations.

    The damage to the American Economy will be extensive. Between our brain-drain in Acedamia and our innovation-sewer in business, it's starting to look like someone is strip-mining the US rather than trying to keep it vital and alive.

    My company is pushing the same thing, they want patents done every year so they can farm out their business space and push back the competitors as far away from their sandbox as possible. This isn't innovation, it's isolation.

  168. You know what they say... by Chexsum · · Score: 1

    A patent a day keeps the competition away.

    --
    Pixels keep you awake!
    1. Re:You know what they say... by Chexsum · · Score: 1

      Interesting, if you google for this phrase only a Ballmer & Patents news article turns up. Im disappointed that someone thought of it first of course. :P

      --
      Pixels keep you awake!
  169. MS and Opensource by dgrati · · Score: 1

    You know the patent spree could be related to shutting out opensource movement. They patent trivial things and opensource can't do them.

  170. Re: Here's the funny thing by Anonymous Coward · · Score: 0

    I am not a lawyer. However, I have worked enough with patent lawyers to pick up a feel for what makes an idea patentable.

    One of the things that can be patented is a process transforming input to outputs. The claims for these patents can read like, "A method for ... ", something or other. Software can be used as a component or step in the patented process. Even if one of the components were not patentable, the process (which includes a specific problem being solved) would be patentable.

    The analogy that I think of is, let's say you couldn't patent a hammer (because that represents software or a mathematical algorithm) but you might still be able to patent the process of hitting a nail with the hammer to drive it in.

    While I agree that there's something about software that makes if feel intuitively unpatentable, when looked at from the perspective of patenting a process of which software is a component, software patents do not seem to represent a radical shift in what has always constituted a patent.

  171. what the.. by Tachikoma · · Score: 1

    How long until they pattend taking a piss?

    --
    i don't care
  172. Do something about it. by mr_bk · · Score: 1
    The Patent Reform Act of 2005 is in Congress now. As explained in this Brookings editorial, it is an appropriate place to include language limiting patentability. I can't force you to do something in particular, but maybe we can get out of this mess.

    [Disclaimer: I'm the author of the editorial.]

  173. Microsoft Problem or USPTO by defaultXIX · · Score: 1

    While I realize its great fun to come down on Microsoft for this, is this really their fault?

    If the system was not broken, it would not be necessary to patent every fart that comes outta Bill Gates ass.

    As it stands, any company these days has to patent the shit out of whatever they do, or risk ligitation from some other company. (I'm looking at you here Darl...)

    So I welcome Microsofts patents, keep on going, break the system.

  174. Yes But... by Irvu · · Score: 1
    If Congress passed legislation that strengthened and expanded copyright protection to include design elements as well as software's source code, formalizing the way the courts interpreted the law in the 1970s, we could bring an end to software patents and this short, unhappy blip in our patent system's time line.


    Except that that would leave Microsoft (and all the rest of us) open to "look and feel" style lawsuits. Every gui developer would face a landmine and every app that performs a similar function (say a word processor) would face claims of "similar design elements".
  175. Didn't the British already patent... by Anonymous Coward · · Score: 0

    "taking the piss"?

  176. Re:Baseball? The Dead? by sgant · · Score: 1

    To you. I find it interesting that people that shit over someone else's entertainment themselves have very lame preferences also.

    Go ahead, enlighten us with the superior music choice or sports activity that put both Baseball and The Grateful Dead to shame.

    Of course, you won't post anything as whatever you post will and can be torn to shreds also. But you're trying to be a troll on a thread that's already dead. The only reason I saw it was you responded to my post.

    If a troll farts in the woods when no one is around, does anyone care? BTW I don't like either the Dead or Baseball...but I don't shit all over it either.

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
  177. My Patented Title by http101 · · Score: 1

    I already patented "Method In Which To Patent Bullshit". Microsoft owes me BIG now... LOL

    --PATENT PENDING

    --
    -- Game Developers: Stop porting badly-textured games from crappy console systems!
  178. Re: Here's the funny thing by torokun · · Score: 1


    Nope. As a law student studying patent law, I can tell you that it's settled law in the U.S. Inventions involving software can be patented.

    They do, however, have to create a concrete and tangible result. In other words, in order to be patentable, an algorithm cannot merely be a transformation on abstract data or numbers, but must at least be a transformation that generates as a result some data that is 'concrete and tangible'. This means that the result must have some meaning in the real world, and cannot be merely abstract numbers.

    This requirement is met by a number indicating a price, as in State Street. Exactly what is concrete and tangible may play out a bit more in the courts, and in fact, may change over time, but the patentability of software is settled.

  179. Re: Here's the funny thing by symbolic · · Score: 1


    Do you have a case you can cite?

  180. Twitter: Life and times of a petulant cock-gobbler by Anonymous Coward · · Score: 0

    Twitter, you're a petulant cock-gobbling sycophant to Linux Torvaldyos! Quit taking DP from ESR and RMS's feculent cocks and why don't you try to stop sucking quite so much? Get out of your parents' basement and see the real world - maybe then you'll see how pathetic you sound, with your neverending stream of bullshit about how Microsoft is stalking you. Wasn't it you who said that Microsoft believes your insane ranting is actually a threat to them, so they PAY PEOPLE to reply to you on Slashdot? No sir, I don't get any money. I do it for the love. Someone has to go up against your paranoid whining. So get back in your cage and shut the fuck up already.