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Apple's iPod Interface Patent in Jeopardy

Gadget Guy writes "Apple has been denied on their quest to patent the iPod software interface. According to AppleInsider - 'Standing in Apple's way appears to be a prior filing by inventor John Platt, who submitted a patent application for a similar software design for a portable device in May of 2002 - just five months before Robbin submitted his claims on behalf of Apple.'" The Register also helps to shed a little additional light on the subject.

333 comments

  1. I'll take... by Anonymous Coward · · Score: 3, Funny

    Alec, I'll take touchpad scrollwheels for $500...

    1. Re:I'll take... by The_K4 · · Score: 2, Informative

      The priot-artist appears to be Microsoft . So that's a very real possibility......the MS iPod?

    2. Re:I'll take... by NetRAVEN5000 · · Score: 1
      I've noticed that many people (usually MS users) see nothing wrong with MS trying to force you into Windows and other products, but as soon as another company does something bad - death to them.

      You know what? Maybe you're right. What goes around, comes around. Maybe the guys from Corel should sue MS - until MS started having vendors put Office on their new machines, WordPerfect was king.

      I'm rooting for the guys from Mozilla. A lot of them worked on Netscape, too. I hope they show MS what it's like to be pushed around.

  2. Royalties? by nexxuz · · Score: 2, Interesting

    would that then mean that Apple would have to pay royalties to this guy?

    --
    I love random hex numbers! Just like this one, 09f911029d74e35bd84156c5635688c0.
  3. Nothing will happen by pellenys · · Score: 5, Interesting

    From what I see of all this, Apple will just keep throwing the patent back until it does finally get passed. What's the alternative? Microsoft sue Apple for 'inventing' the iPod interface? That would be an interesting PR escapade....

    1. Re:Nothing will happen by garcia · · Score: 5, Informative
      From what I see of all this, Apple will just keep throwing the patent back until it does finally get passed.

      That's exactly what Platt did:

      But Platt's playlist application also has a rejection history. It received an NFR on 17 November 2002, and a more serious Final Rejection on 14 June 2004. After further documentation was received, and extension granted, the application received another NFR on 11 December last year.
      So, it's obvious that the Patent Office is looking at applications and not just stamping them through w/o checking a simple search first... So we get pissed off when they don't search and we get pissed off when they do?

      You can't have it both ways.
    2. Re:Nothing will happen by Anonymous Coward · · Score: 0

      So we get pissed off when they don't search and we get pissed off when they do?

      How does that apply here? The patent that "we" are pissed off about _did_ get through. And, justifiably, we are made because it's a (dumb) software patent.

    3. Re:Nothing will happen by MisterMurphy · · Score: 1

      It isn't whether they search for prior works or not that torques me off; its the sense that they're not following any coherent set of procedures. This is manifested both by the behaviour of not putting any scrutiny on a patent application and approving it, despite it being ludicrous. It can also be seen in rejecting a patent several times, one of them a supposed final rejection, but eventually granting it after enough tenacity. It just doesn't make a lick of sense to me, and that is what pisses me off.

    4. Re:Nothing will happen by pete6677 · · Score: 2, Insightful

      This is pretty much how the legal system works in all aspects, not just patent law. If you really really want something and continue to find ways to ram it through the courts, you'll eventually succeed. It's just a matter of how much time you have and how much you can afford to spend on lawyers.

    5. Re:Nothing will happen by Concerned+Onlooker · · Score: 5, Funny

      Pissed off? No. Shocked. Yes. I had no idea the patent office actually rejected some applications.

      --
      http://www.rootstrikers.org/
    6. Re:Nothing will happen by Anonymous Coward · · Score: 2, Funny
      There is a rational process of a set of procedures for reviewing and approving/rejecting patents.


      Unfortunately, someone else patented it.

    7. Re:Nothing will happen by peculiarmethod · · Score: 5, Funny

      I smell an iSuit.

      --
      ** "It's not my job to stand between the people talking to me, and the ones listening to me." -- Pego the Jerk
    8. Re:Nothing will happen by MisterMurphy · · Score: 1

      IANAL, but I was a Mock one. I'm pretty sure that trying to ram a case through the legal system, having it rejected (i.e. having the judge find against you) actually makes it less likely you'll be able to ram it through, ever. This'd be owing to the fact that your first loss sets a precedent for cases of that type.

    9. Re:Nothing will happen by Utopia · · Score: 2, Interesting

      Microsoft like IBM has never sued anyone for patent infringement.
      The only patent suits filed by Microsoft are countersuits.

    10. Re:Nothing will happen by stuckinarut · · Score: 2, Informative

      does ANYONE deserve a 20 YEAR monopoly on ipod-like devices? No.

      Does anyone deserve a monopoly that long be it a software patent or copyright? The Sonny Bono Copyright Term Extension Act of 1998 extended copyright terms in the United States by 20 years.

      As a consequence of the act, under current law, no copyrighted works will enter into the public domain in the United States until January 1, 2019 at the earliest, when the copyright on works created in 1923 would expire.

      It just about making money!

    11. Re:Nothing will happen by Elwood+P+Dowd · · Score: 0
      So we get pissed off when they don't search and we get pissed off when they do?

      You can't have it both ways.

      Uh... how about we just get pissed off every single time they grant a software patent ever at all.
      --

      There are no trails. There are no trees out here.
    12. Re:Nothing will happen by ThosLives · · Score: 1

      The article indicated "Non Final Rejections" and "Final Rejections" based on prior art. Does anyone know of any patents that have been rejected because lack of usefulness or obviousness? Patents do have three acceptance criteria after all...

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    13. Re:Nothing will happen by @madeus · · Score: 4, Insightful

      You can't have it both ways.

      The Patent Office apparently has it both ways. I think most people here would be happy with them if they just did the job they were tasked with and showed due diligence.

      So, it's obvious that the Patent Office is looking at applications and not just stamping them through w/o checking a simple search first..

      Just because some patents appear subject to due scrutiny doesn't imply all of them are (or that they are subject to all the appropriate scrutiny).

      So we get pissed off when they don't search and we get pissed off when they do?

      I think most people here are primarily getting pissed off when they don't uphold their own guidlines (which they do not appear to follow consistently).

      If they can't perform the public service that is the reason for their existence, they should be reformed or done away with. They should not be allowed to simply rubber stamp patents when they are supposed to be investigating them properly and for that matter they should not be granting patents for things that are 'patently' trivial or otherwise in conflict with the established regulations.

      Other than those who actually object to these patents on principle, I don't think most /. readers would be up in arms about the P.O. actually appropriately enforcing the rules they are supposed to be following.

    14. Re:Nothing will happen by Joffrey · · Score: 5, Informative

      As a patent attorney, I can tell you that generally speaking a so-called "Final Rejection," is more dependent upon Patent Office budgeting procedures than the merits of the underlying patent application.

      In order to control expenses at the PTO, and to prevent examiners from spending all their time with the more "tenacious" applicants, the PTO suggests that a second rejection typically be deemed "Final." All this really means is that you can file a "continuation" application, with a new filing fee to effectively buy more hours of the examiner's time.

      While it is often annoying to clients, at least it tries to allocate costs to those people using the most resources.

      --
      No, really! I'm one of the *good* lawyers!
    15. Re:Nothing will happen by Anonymous Coward · · Score: 0

      Not really. If the system resembles the UK one, the only way to bring a case again is by an appeal to a higher court, which aren't usually bound by precedents set in lower ones. Cos they're, like, lower.

    16. Re:Nothing will happen by Hognoxious · · Score: 2, Insightful

      You make agood point, but prior art alone should be enough in this frikkin' case: "rotating an input device to navigate in a linear fashion through a user interface". Radios had that, way back when they were called wirelesses.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    17. Re:Nothing will happen by angle_slam · · Score: 1

      Rejections based on prior art can be because of lack of obviousness. The Patent Office very rarely rejects patents because of lack of utility.

    18. Re:Nothing will happen by Tony+Hoyle · · Score: 2, Insightful

      Excepted they added "..on a computer controlled device" and neatly sidestepped that one.

      So the ipod is a collection of old ideas put together into a new one... why is this news? Just about every invention in history has done that. Doesn't make the ipod any less successful.

      Oh wait, this is slashdot... Apple didn't get granted a patent. The sky is falling.

    19. Re:Nothing will happen by pellenys · · Score: 1
      The history doesn't necessarily give guidance to the future: Microsoft has been patenting like a mad man (not that mad men patent....argh anyway) and while you could attribute most of that to a defence strategy, there's no question that a last (or maybe not so last) resort in any confrontation with a competitor could entail a patent-litigation offensive.

      After all, abuse of monopoly is illegal and they survived that with avengeance, so what's to stop them pursuing some more legal methods of stifling instead?

    20. Re:Nothing will happen by Anonymous Coward · · Score: 1, Interesting

      I've been a patent attorney for 6 years. I've never seen an application go through without being rejected at least once. In fact, we are taught that, if an application does get allowed without a rejection, we've made a mistake because the claims are too broad.

    21. Re:Nothing will happen by GrassMunk · · Score: 1

      This is genius! Patent the Patent Offices process and then sue the pants off of them forcing them to develop a better process. Being canadian i cant really help, but someone should do this.

    22. Re:Nothing will happen by Anonymous Coward · · Score: 0

      and I'd be happy if people didn't turn "task" into a verb or use the meaningless buzz phrase "due diligence"!

    23. Re:Nothing will happen by Anonymous Coward · · Score: 0

      IANAL but,
      What there's actually a lawyer on slashdot?
      What's next, soviet russia falls apart? I don't know what to believe anymore!

    24. Re:Nothing will happen by monkeydo · · Score: 1

      Plus (at least in the US) trial courts don't create binding precedent.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    25. Re:Nothing will happen by s!mon · · Score: 1


      I think most people here are primarily getting pissed off when they don't uphold their own guidlines (which they do not appear to follow consistently).


      The Patent examining procedure is actually fairly consistent. There's a 3000 page manual available on the PTO website if you want to read it.

      Where the inconsistency is when the examiner has a 100 page application and must make the decision quickly (several hours). What would you do if somebody dropped off a box of papers that contained a DNA sequence and said "read this, understand it, search for prior art, and see if we can reject this guy." At the end of 8 hours, what would you do if your job depended on getting enough applications examined?


      They should not be allowed to simply rubber stamp patents when they are supposed to be investigating them properly and for that matter they should not be granting patents for things that are 'patently' trivial or otherwise in conflict with the established regulations.


      I agree, but current case law says you can patent anything under the sun as long as it is the product of human ingenuity. Until that case law changes, or Patent lawyers hike their costs so high nobody wants to pay them, the number of applications being filed will not go down.

    26. Re:Nothing will happen by Marxist+Hacker+42 · · Score: 2, Interesting

      Uh- back in 1995 my parents bought a computerized home stereo that had this exact interface. The main control knob, software selectible between volume, track number, disc number, AM Frequency, and FM Frequency, just spun freely- and even clicked audibly and tactically. So no- there's prior art on that too.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    27. Re:Nothing will happen by mindaktiviti · · Score: 0

      You're post is +5 iFunny.

    28. Re:Nothing will happen by jessicavampirehunter · · Score: 1

      It would be little, and white, and user-friendly, but very, very expensive.

    29. Re:Nothing will happen by smallfries · · Score: 1

      Except they haven't even claimed that they have. Putting issues with the validity of the apple patent to one side (I think the poster below who compares it to a wiresless radio hits the nail on the head). These two patents aren't even vaguely related. There are no overlapping claims between them.

      One is patenting a method of generating playlists based on user preferences (eg thumbs up, thumbs down for each track. The generation tries to find similar tracks based on classifications, eg genre.

      The other patent is for scrolling up and down by twisting a dial. Seriously, what kind of crack is the patent office smoking?

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    30. Re:Nothing will happen by Anonymous Coward · · Score: 0

      Of course, their job is to periodically pretend that software patents are primarily useful in defending small companies from big companies and that the big companies (and patent lawyers) are the major proponents of them out of pure altruism. On a good day they can be highly amusing.

    31. Re:Nothing will happen by Anonymous Coward · · Score: 0

      and I'd be happy if people didn't turn "task" into a verb or use the meaningless buzz phrase "due diligence"!

      If you are under the impression that using 'task' as a verb is new thing, apparently your Latin isn't very good.

      Of course, you think "due diligence" is meaningless so I'd say your English is pretty suspect too.

    32. Re:Nothing will happen by Zordak · · Score: 1

      I'd mod the AC up if I had points, but since I don't, I'll reiterate what he said. It is standard practice at the USPTO to reject all applications at least once. If your first office action on the merits is a notice of allowance, your patent is probably worthless. They do NOT just rubber stamp patents.

      --

      Today's Sesame Street was brought to you by the number e.
    33. Re:Nothing will happen by @madeus · · Score: 0

      The Patent examining procedure is actually fairly consistent. There's a 3000 page manual available on the PTO website if you want to read it.

      There are quite a few well known examples of patents that are not novel (that is, they are not unique - they have well known examples of prior art) and they are also obvious, while the USPTO can and have turned down applications on the grounds they are not compliant with these criteria, they do not do so with even a reasonable level of consistancy.

      At the end of 8 hours, what would you do if your job depended on getting enough applications examined?

      I am honestly dismayed when people ask questions like this.

      FWIW, I would absolutely do my job correctly, which would to investigate them throughly and take the required time (especially if I was doing something that was publically funded). I think it's a poor reflection on character to take the easy way out when the right thing to do ought to be clear.

      While I'm flexible and business savvy enough to cut corners to meet commercial deadlines and to grease the wheels, I'd be a very poor engineer if I didn't do my job properly just to please management and make them look like they are on top of things (when the system is in fact falling apart). I've fudged my fair share of things now and again when people have made mistakes (as well all do) but I've put my foot down when there are more fundamental issues, and I appreciate the same treatment from others.

      If the system as presently implimented doesn't have enough people to cope with the current level of demand, then it is up to those responsible for the system to resolve that issue. Trying to fix a fundamental problem like that by having individual examiners fudging their role is stupid and counter productive (all it does is create a new mess that will need to be sorted out, adding to the origional problem).

      I've seen this sort of behaviour many times in business (masking a genuine and serious problem by leaning on the wrong people and pretending that everything is running fine) and I've lost count of the number of times is has lead to cock-ups that have required extensive cultural changes and changes in management to resolve.

      I should point out that you can't (legally) be fired for doing your job correctly (though here in Europe staff are much better protected both in practice and usually in law). Even in the US, I would think a case of a patent examiner being fired for only taking such time as was demonstrably necessary to examine a patent would be jumped on by any number of 'no win no fee' sharks.

    34. Re:Nothing will happen by Breakfast+Pants · · Score: 1

      The patent office is under strict scrutiny. Of course they are going to be careful on a high profile item like the iPod. So to me this doesn't really show that they are taking this level of scrutiny to everything that comes in.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    35. Re:Nothing will happen by Anonymous Coward · · Score: 0

      UK!=US

    36. Re:Nothing will happen by Anonymous Coward · · Score: 0

      Your a retard :)

      Todays Lesson: Learn the differences between You're and Your

      You're
      Contraction of 'you are'

      Your
      1. Used as a modifier before a noun: your boots; your accomplishments.
      2. A person's; one's: The light switch is on your right.
      3. Informal. Used with little or no sense of possession to indicate a type familiar to the listener: your basic three-story frame house.

    37. Re:Nothing will happen by sl3xd · · Score: 1

      Although considering their workload, I'd bet a few wish they could.

      You know, my goldfish could've done better than this... [STAMP] REJECTED
      And I ate him for breakfast too...[STAMP] REJECTED
      Although he does seem to be fighting his way back out...[STAMP] REJECTED
      Um... Crap... I can't even read this one anymore... [STAMP] REJECTED
      Oh well; they'll send in another eventually.
      .
      .
      .

      Hey Sarah, feel like catching dinner? Work was a joke today.

      --
      -- Sometimes you have to turn the lights off in order to see.
    38. Re:Nothing will happen by s!mon · · Score: 2, Informative

      I am honestly dismayed when people ask questions like this.

      I'm just trying to make a point - not defend the system. The reality of the situation is if you don't meet the quota, you don't have a job. So you work within the system and do as best you can. Even you admit you've done that.

      FWIW, I would absolutely do my job correctly, which would to investigate them throughly and take the required time (especially if I was doing something that was publically funded). I think it's a poor reflection on character to take the easy way out when the right thing to do ought to be clear.

      I agree. See above reasoning. BTW - the PTO isn't publicly funded. Its funded from the patent fees (and a good portion is then siphoned off into the government).

      I'd be a very poor engineer if I didn't do my job properly just to please management and make them look like they are on top of things.

      This isn't about doing a good job. This is about having a job. It should be about doing the best job you can. But as long as there are too many applications and the threshold for a patent is so low, the low quality of patent examination will persist. There are solutions out there for these problems, and maybe in due time they will be implemented.

    39. Re:Nothing will happen by larry+bagina · · Score: 1
      UK!=US

      Yes, however the US judicial system is largely based on the UK model (with more protections thrown in due to the abuses the colonies were subject to).

      US Appeals courts (like the UK ones) can (and do) overturn lower court decisions.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    40. Re:Nothing will happen by WreckingCru · · Score: 1

      When I saw the article, I wanted to see how many comments before lets-blame-microsoft came out. I'm actually pleasantly surprised there's only one such comment. It's kinda like when Diana passed away - people still thought Charles had something to do with that...jeez.

      --
      If I have seen farther than others, it is because I was standing on the shoulders of giants.
    41. Re:Nothing will happen by pellenys · · Score: 1

      Errrmmmm. No. I was pointing out the idiocy of suggesting that MS would somehow sue Apple for the iPod. And comparing a series of patents to a death is a bit crass isn't it?

    42. Re:Nothing will happen by Anonymous Coward · · Score: 0
      This has nothgint to do with budgeting, it has to do with how points are awarded to examiners.

      But in any case, it is still rejected and its doubtful that a "continuation" will get the patent through. It will go to the same examiner, and it there is still art, then boom, another count for the examiner.

      Annoying to clients, maybe the client and their lawyer should have written a application in light of prior art that they should have searched for before applying. That would take less time and annoyance than trying to get insanely broad claims or telling the client that they still can get the patent when they probably shouldn't be able to because of prior art.

      Just goes to show that part of the problem with the PTO is the lack of accountability with Lawyers who try to abuse the system.

    43. Re:Nothing will happen by sjames · · Score: 1

      All this really means is that you can file a "continuation" application, with a new filing fee to effectively buy more hours of the examiner's time.

      What part of FINAL do they not understand? It reminds me of a particularly desperate advertiser that actually sent me my "third final final notice" to come in and get a great deal.

      In this case, since they have serious reservations about the first patent, and now they have a second similar patent application with no evidence that the applicants know each other, filed within a time window that makes it unlikely that one is a copy of the other, both should be rejected once and for all. Clearly, it's not all that non-obvious.

    44. Re:Nothing will happen by am+2k · · Score: 1

      However, they were one of the main supporters of software patents in the EU... Something is fishy here.

    45. Re:Nothing will happen by WreckingCru · · Score: 1

      I think even the suggestion of introducing MS into this story - for no good reason, IMHO - is pretty crass.

      --
      If I have seen farther than others, it is because I was standing on the shoulders of giants.
    46. Re:Nothing will happen by pellenys · · Score: 1

      Your thoughts are noted. Thank you for your honest opinion.

    47. Re:Nothing will happen by rikkards · · Score: 1

      It's kinda like when Diana passed away - people still thought Charles had something to do with that...jeez.
      Nah, it had more to do that she was stupid and didn't wear a seatbelt.

    48. Re:Nothing will happen by WreckingCru · · Score: 1

      She was making out with her billionaire boyfriend!! Would you be worrying about a seatbelt if you were in the backseat of a Benz feeling up your new girlfriend who happens to be ex-royalty?

      --
      If I have seen farther than others, it is because I was standing on the shoulders of giants.
  4. First Prime Factorization Post by 2*2*3*75011 · · Score: 0, Informative

    2002 = 2*7*11*13

  5. Good by Vandil+X · · Score: 4, Insightful

    Apple or not, maybe this will expose the stupidity behind the generic techno patent craze that's been going on the past 4-5 years.

    Full-disclosure: I own an iPod, a PowerMac G5, and a 17" PowerBook. I love OS X. I occasionally drink the special Kool-Aid while sitting in range of the reality distortion field.

    --
    Up, Up, Down, Down, Left, Right, Left, Right, B, A, START
    1. Re:Good by pauljlucas · · Score: 3, Insightful
      ... maybe this will expose the stupidity behind the generic techno patent craze that's been going on the past 4-5 years.
      So if I develop a hardware stereo (i.e., totally implemented in hardware as opposed to software) with a novel set of knobs and switches, it's OK to patent that, but if I use software to display the interface on a screen instead and use a very novel scroll wheel it's suddenly not OK?

      Care to explain that?

      By the way, there have been far dumber/worse patent snafus reported here. If they didn't expose said stupidity, what makes you think this rather benign instance will?

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    2. Re:Good by squiggleslash · · Score: 5, Insightful
      More or less, yeah, you can patent the technology behind the scroll wheel if you want, if it really is novel, but the software... nah. You shouldn't be able to.

      You've got to remember that there are tens of millions of computer programmers out there. The chances are for any user interface "solution" you come up with, the chances are someone else will come up with the same idea, and have the resources to implement it. By patenting it (and enforcing the patent), you're not creating something new and wonderful for the world to use, au contraire, you're denying the world something new and wonderful to use, or imposing limits on its use. You've taken something that would have existed anyway, and preventing others from using it.

      Think I'm wrong? Take a look at this article, you know, the one we're talking about now. Some guy and Apple both independently created this "interface." They both did the R&D, they both would have done so regardless of whether patent laws existed, but one, at the end of this, is going to get a monopoly on producing stuff with this technology. How is that fair? And what benefit has this given to the rest of us?

      That's why we don't like software patents. Come to think of it, generally I don't like patents, I just know that in a small number of cases, where the cost to develop something new is high, where it is highly unlikely two or more people will come up with the same technology independently, and where the inventor intends to publish the technology widely so people can understand and use it, it's justified. In software, this is exceptionally rare.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:Good by Anonymous Coward · · Score: 0

      Yes, bloody good! It's ust a box that plays music. Nothing clever, nothing unusual, nothing I or my child couldn't have thought up in 5 minutes. Maybe we are starting to see some sanity in the patent farce at last.

      One day all the faux patents are gonna be revoked and all the money companies have pissed away on them will be lost, so Apple just saved themselves loot.

    4. Re:Good by NickFortune · · Score: 2, Insightful
      So if I develop a hardware stereo (i.e., totally implemented in hardware as opposed to software) with a novel set of knobs and switches, it's OK to patent that, but if I use software to display the interface on a screen instead and use a very novel scroll wheel it's suddenly not OK?

      Well, because your software interface is already protected by copright and you have no inalienable right to any further monopoly on the idea. In any event you don't need the patent to make money from your knobs so there's no need for it and you already have protection to exploit your idea, so that should be sufficent.

      That is unless your requirements for sufficency extend to unfairly surpressing competition. Even so, it's far from "OK", IMHO.

      Further, unless your hardware interface is staggeringly novel, then there is massive prior art on that too. Come back when you get the bugs out of a telepathic interface or something. And when you do, it'll be the telepathy chip that deserves the patent. The software that draws the pretty pictures on the screen will still not be "OK" for patenting.

      By the way, there have been far dumber/worse patent snafus reported here. If they didn't expose said stupidity, what makes you think this rather benign instance will?

      Have standards dropped so far at the USPTO that "medium-stupid or better" is all the qualifications an idea needs to be patentable? Just because we have the crimes of Jack the Ripper on record, that doesn't mean we should cease from complaining about cases of homicide; neither do past stupidities excuse this.

      --
      Don't let THEM immanentize the Eschaton!
    5. Re:Good by pauljlucas · · Score: 5, Informative
      ... the software... nah. You shouldn't be able to.
      Technically, one doesn't patent software. What's really patented is the device the machine becomes while running said software. This casts "comptuers running software" into the age-old "methods and aparatus" framework that the patent office has been using since its inception. (Ask a good patent attorney if you don't believe me.)

      Hence, the lump of plastic and metal that is the iPod becomes a portable music player while it is running its software. You seem to have a problem with that. Yet if I invent a portable music player that somehow does it all in hardware, you're presumeably OK with that.

      Why should the inventor who chooses to make his life easier by using software to make a portable music player not receive the same protections as the all-hardware inventor? From the end-user's point of view, it's a portable music player: s/he doesn't care how it's implemented.

      You've got to remember that there are tens of millions of computer programmers out there.
      Why? You mean if there were tens of millions of hardware developers out there then portable music players implemented solely using hardware shouldn't be patentable? The number of people in the field is irrelevant.
      By patenting it (and enforcing the patent), you're not creating something new and wonderful for the world to use
      Of course you are. When and how you allow the world to use it is entirely seperate from the act of its creation. Anyway, the above would seem to apply equally to all patents. So then you presumeably don't want any patents on anything whatsoever.
      au contraire, you're denying the world something new and wonderful to use, or imposing limits on its use.
      That's precisely what a patent is for. If you want to invent something and let nobody use it, that's entirely your right. It's financially stupid of you, but you can do it. The smart thing to do is to license your patent to make money to recoup the time/money you invested on inventing in the first place.

      Now if you're some guy who doesn't want to spend the money to pay for the license, well then you're free to invent something new and better, and, if you're so philanthropic, give it away for free (but you'd be a fool to do so).

      Some guy and Apple both independently created this "interface." They both did the R&D, they both would have done so regardless of whether patent laws existed, but one, at the end of this, is going to get a monopoly on producing stuff with this technology. How is that fair?
      And how is this specific to software? Why couldn't this have been about two guys in different labs who invented some hardware device? The fact that it's software is irrelevant. A double-standard should not exist.

      As for this case, yes, it's seems unfair (but the unfairness has got nothing to do with the fact that it's software). Perhaps there could be something like a "co-patent" if it can be proven that two seperate, clean-room inventions were done. But that's far to problematic and lawyers would have a field day. Just like it's far simpler to say the legal drinking age is 21, it's far simpler to say he who files first, gets the patent.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    6. Re:Good by ThosLives · · Score: 3, Insightful

      I might give you a design patent for the particular layout, but what do you mean by 'novel set of knobs and switches'? In my book, if you have any input device that accepts a force or torque, big whoop. The first guy that came up with the variable capacitance input, sure that was patentable in my book. If you invent something that reads brainwaves, or detects your gravitational distortion, you get a patent. But just making another rotating knob or switch, or a piece of software that acts like a rotating knob or switch, is not unobvious in my book and should be denied on those grounds.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    7. Re:Good by pauljlucas · · Score: 1
      Well, because your software interface is already protected by copright [sic] and you have no inalienable right to any further monopoly on the idea.
      Uhm where is that written down? Anyway, a UI is not copyrightable. Apple already tried to copyright a look-and-feel. It didn't work. Whether the software implementing the UI is copyrighted is irrelevant.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    8. Re:Good by pauljlucas · · Score: 1
      The problem with good inventions is that, noce you see them, you think: that's so obvious! Well clearly it wasn't otherwise somebody would have thought of it. Example: Post-It notes by 3M. Little pieces of paper had been around for thousands of years. Adhesives have been around equally as long. Yet stick a little adhesive on a little piece of paper and sell them in small stacks and -- viola -- one of the now most ubiquitous inventions in history.

      Seems obvious now, though, doesn't it?

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    9. Re:Good by Anonymous Coward · · Score: 0

      Id keep my identity secret if I was you.

      The jihad from the Mac zealots (and their /. fanboys) will be brutal.

      He who dares to speak badly against Apple *all praise the Ipod* will suffer the consequences.Im sure its somewhere in the new, new, new testament.

    10. Re:Good by ThosLives · · Score: 2, Insightful
      The Post-It example is bad for one reason: a bunch of people were trying to get something like this to work but either the glue was too weak to be useful or so strong you couldn't peel the sheets apart. The patent, as far as I know (and definitely what I hope) wasn't for the idea of using some sticky stuff to attach a piece of paper somewhere and have it be easily removable, but in the particular type of adhesive used. This to me is novel and unobvious, because it was not obvious what type of adhesive to use.

      That's the trick with using the unobvious clause - every function for which someone tries to invent something to perform is inherently obvious: a device to fly, a device to control engine output (governor), a device to make light, a device to sew instead of doing it by hand, a device to agument human senses, etc. It's the device that is the novelty, not the resulting thing. I even will allow for certain medicines, but not the effect they produce (for instance: patent on chemical XYZ, not patent on 'cure for influenza').

      I would wager, phiolosophically, that no human has ever invented anything that was not some kind of extension of what exists in the natural world - the universe itself is prior art in my estimation.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    11. Re:Good by NickFortune · · Score: 1
      Uhm where is that written down?

      Where is what written down? The protection of copyright as applied to software or lack of an inalienable right to double a monopoly on ideas?

      If you're going to use a sig like that you're going to need to express yourself with much greater clarity.

      Anyway, a UI is not copyrightable.

      I said "software interface", not "interface". The software is copyrightable. if your concern is the colours and the fonts, might I suggest that trade marks might be the measure you seek?

      Whether the software implementing the UI is copyrighted is irrelevant.

      Irrelevant to what, precisely?

      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.

      If you post, express yourself with clarity and let your arguments stand on their own merits. Do not presume to instruct me as to how I may and may not frame my reply.

      --
      Don't let THEM immanentize the Eschaton!
    12. Re:Good by pogson · · Score: 1
      squiggleslash wrote:"yeah, you can patent the technology behind the scroll wheel if you want, if it really is novel,"

      I doubt the novelty. When I was a kid long ago, old folks used radios in wooden cases with vacuum tubes that emitted orange light. One of my favourite controls was the tuning knob which usually manipulated a sliding pointer by means of a cord wrapped around the shaft to indicate the frequency or wavelength of the active channel.

      I know the ipod does not use a cord, but this really is a case of re-inventing the wheel. Where is the novelty? Where is the creative solution making the world a better place and spurring industry? What problem does it solve?

      --
      A problem is an opportunity http://mrpogson.com
    13. Re:Good by pauljlucas · · Score: 1
      Where is what written down? The protection of copyright as applied to software or lack of an inalienable right to double a monopoly on ideas?
      The supposed fact that you can't copyright something and have a patent on it simultaneously. (Of course if you have a patent on something, you don't need a copyright since a patent affords stronger protection anyway.)
      If you're going to use a sig like that you're going to need to express yourself with much greater clarity.
      My sig has nothing to do with the clarity (or your alleged lack thereof) of my posts. If something is unclear to you, then you should ask for clarification (which you have) and not merely to assume I meant something.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    14. Re:Good by Anonymous Coward · · Score: 0
      Now if you're some guy who doesn't want to spend the money to pay for the license, well then you're free to invent something new and better, and, if you're so philanthropic, give it away for free (but you'd be a fool to do so).

      You seem to be implying that BSD and Linux (and the WWW) are run by idiots.
    15. Re:Good by BioCS.Nerd · · Score: 1

      That was an awesome post. Thank you for enriching /.

    16. Re:Good by jbrader · · Score: 1
      This makes me think about why I think software patenting might be an ok thing. Let's say I'm a mechanical engineer and I develop a new machine for harvesting wheat, so long as my machine is original I can patent it. I never hear anybody complaining about those kinds of patents.

      Then let's say I'm a programmer and I invent a new algorithm for sorting video files (or whatever). It seems to me that my new algorithm is really no different than a machine and should be patentable.

      --
      You are so boring that when I see you my feet go to sleep.
    17. Re:Good by Anonymous Coward · · Score: 0

      Hence, the lump of plastic and metal that is the iPod becomes a portable music player while it is running its software. You seem to have a problem with that. Yet if I invent a portable music player that somehow does it all in hardware, you're presumeably OK with that.

      I'm ok w/ that. If you create a device, the device can have a Patent, people can legally come up with other devices that do the same thing. If you patent software, other people can't create software that does the same thing.

      If I made a telephone that used IR rather than wires, that's ok with a physical patent on wired phones. With a software patent, it wouldn't be ok. Apple should be able to copyright the UI not patent it.

    18. Re:Good by sheldon · · Score: 2, Insightful

      It's the blatantly obvious things which shouldn't be patented.

      If you come up with a new algorithm that sorts video files by programmatically analyzing the video and using a calculated height of the people in the video as your sort variable... you know what? That's pretty cool and pretty complicated. I agree, you ought to be able to get a patent.

      But I don't think you ought to be allowed to patent a graphical button which commands the computer to sort in either an ascending or descending fashion.

      Similarly speaking, this boneheaded Apple patent. Using a paddle wheel to move up or down a linear list? How exactly does placing these software function any different on a mobile device than on an Atari 2600 game? Seriously, how is it different?

      You ought not to be able to patent the bubble sort just because you use it on your video file names, instead of person names. Same principle here.

    19. Re:Good by geeber · · Score: 1

      Now if you're some guy who doesn't want to spend the money to pay for the license, well then you're free to invent something new and better, and, if you're so philanthropic, give it away for free (but you'd be a fool to do so).

      Says the guy who is posting on Slashdot. Oh the irony!

    20. Re:Good by wackywendell · · Score: 2, Interesting

      You're missing the grandparent's point. The grandparent does not promote the idea that software and hardware should have two fully separate standards. The idea is that patents should not be granted for any idea if the implementation of the idea is trivial compared to the creation of the idea in the first place. The iPod is a good example of this. If you have an iPod, and you use it, and see what it can do without opening it up, it would be very difficult to find all the hardware necessary to do all the things the iPod does in the tiny space it does. The implementation is difficult, and worthy of a patent. However, a good programmer should be easily capable of writing a program to do all the stuff the iPod does...it might take some time to get it out there, but it shouldn't take forever. It would take time, but not much creativity, new ideas are not necessary. The idea, for example, of the 'Now Playing' screen that shows title, album, artist and controls volume, seek, and rating might be novel, but the implementation is trivial compared to the original vision. Your point about the iPod as a hardware implementation is somewhat interesting, but the implementation there would be exceedingly difficult, and is therefore patent-worthy while if it was software that is not the case. The grandparent's idea is that it is quite easy for two people to come up with a lot of code that is different but does the same stuff while it is very, very difficult for two people or groups to each indepently come up with a significant piece of hardware that is visually identical to the others'.

      Just my thought.

    21. Re:Good by drew · · Score: 2, Insightful

      You seem to have a problem with that. Yet if I invent a portable music player that somehow does it all in hardware, you're presumeably OK with that.

      I don't know that he ever says he is ok with that. I'm certainly not. I see no reason why any lump of plastic and wires that plays music should be patentable, regardless of whether it's functionality is implemented in hardware or software.

      I am not really agains the idea of software patents in theory, but I am very much against them in practice because I can't remember ever hearing of a single software patent that I really think would be non-obvious to an experienced software developer. Of course this also applies to most non-software patents issued these days as well.

      And don't even get me started on people trying to patent business practices...

      --
      If I don't put anything here, will anyone recognize me anymore?
    22. Re:Good by Anonymous Coward · · Score: 0

      "you're free to invent something new and better, and, if you're so philanthropic, give it away for free (but you'd be a fool to do so)."

      Sigh.. My opinion of the people in this world just got a little bit lower..

    23. Re:Good by NickFortune · · Score: 1
      Where is what written down? The protection of copyright as applied to software or lack of an inalienable right to double a monopoly on ideas?
      The supposed fact that you can't copyright something and have a patent on it simultaneously.
      I think you will find that isn't what I said. I said that a) your software is already protected by software, and b) that there is no fundamental human right to a further monopoly, or (any monopoly at all come to that) on the idea.

      My assertion that you can't get copyright and patent both is purely your own, incorrect, inference, Really, if you're going to try and pre-empt the rules of engagement you might at least practice what you preach.

      Of course if you have a patent on something, you don't need a copyright since a patent affords stronger protection anyway.
      I expect that's dreadfully convenient for certain large software houses who happen to be currently engaged spamming the USPTO with every bloody obvious idea they can think of as well. Especially considering how most of the "intellectual property" in the software business would seem to be vested in copyright,

      That by itself seems like an excellent reason for banning software patents. Or do you propose to tell me that patents are justified because they protect against patents?

      --
      Don't let THEM immanentize the Eschaton!
    24. Re:Good by Anonymous Coward · · Score: 0

      Who defines this 'Blatant' and 'Obvious' because it's blatantly obvious that, because of subjective Human nature, not all of us are going to consider the obvious, blatant.

    25. Re:Good by pauljlucas · · Score: 1
      a) your software is already protected by software
      Uh... what?
      b) that there is no fundamental human right to a further monopoly
      Nobody in the thread said that patents or copyrights are a fundamental human right, so what are you going on about?
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    26. Re:Good by pauljlucas · · Score: 2, Informative
      I see no reason why any lump of plastic and wires that plays music should be patentable, regardless of whether it's functionality is implemented in hardware or software.
      By that reason, nothing at all should be patentable, i.e., patents shouldn't exist for anything. That argument isn't even worthy of discussion.
      can't remember ever hearing of a single software patent that I really think would be non-obvious to an experienced software developer.
      The ones that make sense don't make the news.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    27. Re:Good by typidemon · · Score: 1

      Sure, if you invented something on the same scale as a havesting machine that should be patentable

      Should tining the windows on that haverster also be a patent?

    28. Re:Good by NickFortune · · Score: 1
      Uh... what?
      *sigh* your software is already protected by copyright,

      Nobody in the thread said that patents or copyrights are a fundamental human right
      Excellent. Then with protection already present in copyright, there is no need of protection via patent. Therefore, since they threaten at least as much "IP" as they protect, and since they are not in fact necessary, and since there is noi fundamental entitlement, the sane conclusion would seem to be that they should be outlawed.

      Clear now?

      --
      Don't let THEM immanentize the Eschaton!
    29. Re:Good by Anonymous Coward · · Score: 0

      Hence, the lump of plastic and metal that is the iPod becomes a portable music player while it is running its software. You seem to have a problem with that. Yet if I invent a portable music player that somehow does it all in hardware, you're presumeably OK with that.

      Yes, because the two are fundamentally different. Software does no more than place the machine into one of millions of pre-existing states. If you can write hardware that allows you to access more memory than physically present in the device then you can have a patent. Implementing something in hardware does create a new device, because there is no limit to the number of combinations that can be made - creating something at the hardware level introduces novelty, something which cannot exist in software.

      au contraire, you're denying the world something new and wonderful to use, or imposing limits on its use.
      That's precisely what a patent is for.


      No, that is exactly what a patent is NOT for. A patent is provided so that society can benefit from inventions while protecting the inventors financial outlay. your perceived raison d'etre for a patent is an abuse of the system that was designed to benefit both inventors and society as a whole.
      The protection is granted in return for access.

    30. Re:Good by pauljlucas · · Score: 1
      Then with protection already present in copyright, there is no need of protection via patent.
      Of course there is. Copyrighting software is useful only if you publish the source code itself. If you keep it proprietary, then nobody can see it to copy it in the first place, so a copyright offers no protection.

      What you want to protect is what the software does and for that you need a patent.

      Clear now?

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    31. Re:Good by GaryPatterson · · Score: 1

      It's not just a paddle wheel moving a cursor through a linear list.

      There is an acceleration curve and the menu interface itself.

      It's not something that existed before the iPod, and it is a good, clean interface.

      In abstract, perhaps you could consider it's like the Atari 2600 paddle wheel. But then you could also say that all software is basically just moving stuff about in memory and maybe including a calculation here and there, or that all beer is basically water anyway. Simplifying to that level doesn't help the point.

    32. Re:Good by NickFortune · · Score: 1
      Copyrighting software is useful only if you publish the source code itself.

      That's just silly. You might as well say that copyrighting movies is only useful if you publish the script.

      I think you'll find copyright extends to the binary compiled form of software. This is the form under which it is generally distributed commercially. That's why downloading unlicenced software is properly called copyright infringement, rather than "piracy" as a certain Mr. Gates would have us believe.

      Speaking of Mr. Gates, you are aware that he became the richest man on the planet using copyright to protect his software? I'd say that argues quite strongly that copyright is adequate to the task of protecting and exploiting software. Would you not agree?

      Clear now?

      I do believe we're getting there, however slowly.

      What you want to protect is what the software does and for that you need a patent.

      Which rather presupposes that preventing others from writing competing packages is a good thing. I'm sure MS and Amazon, (to name but two) think so, but the benefits are rather less obvious for small software houses, consumers the free market and the world at large.

      But if you're in the mood for injecting a little clarity into the debate, perhaps you could explain why society should grant this monopoly over software? What is it about software that you feel qualifies it for protection under patent? What does society get in return for granting this dispensation in the realm of software? You have yet to make that case.

      --
      Don't let THEM immanentize the Eschaton!
    33. Re:Good by pauljlucas · · Score: 1
      Which rather presupposes that preventing others from writing competing packages is a good thing. I'm sure MS and Amazon, (to name but two) think so, but the benefits are rather less obvious for small software houses, consumers the free market and the world at large.
      The benefit for small software houses is if they're the ones to obtain their own patents. This way, MS or Amazon can't come along and just steal their ideas. I would think this reason would be blindingly obvious.
      But if you're in the mood for injecting a little clarity into the debate, perhaps you could explain why society should grant this monopoly over software? What is it about software that you feel qualifies it for protection under patent?
      That's the wrong question. On the contrary, I see nothing special about software to exlude it from receiving the same patent protections as anything else.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    34. Re:Good by NickFortune · · Score: 1
      The benefit for small software houses is if they're the ones to obtain their own patents. This way, MS or Amazon can't come along and just steal their ideas.

      That turns out not to be the case. Software patents are being granted so broadly and freely that the big houses can easily find a patent that is arguably infringed by the small house. That done, they can use the threat of litigation to force the small house to licence the patent for a trivial sum, or refuse to licence the patent at all and bankrupt the smaller player. The protection only applies if you can trade patents one for one with the big players.

      I would think this reason would be blindingly obvious.

      It's FUD put out by the big software concerns. There's a reason why the small houses campaigned against swpats in the EU and the big corps lobbied for them. The reason is that they drastically favour the big boys.

      That's the wrong question.

      That remains to be seen.

      I see nothing special about software to exlude it from receiving the same patent protections as anything else.

      Which presupposes that everything else is indeed eligible for patenting. And yet this too turns out not to be the case. There are no patents on creative works; none on ideas; none on mathematical theorems or laws of physics.

      So it seems that "everything else gets patented" doesn't work, and thus the question remains to be answered: Why should software enjoy the benefits of patents? I've made the case as to why it should not - now it's your turn.

      --
      Don't let THEM immanentize the Eschaton!
    35. Re:Good by pauljlucas · · Score: 1
      That turns out not to be the case.
      That's irrelevant.
      Software patents are being granted so broadly and freely that the big houses can easily find a patent that is arguably infringed by the small house.
      All that means is that the patent office is doing a bad job, not that there's inherently anything wrong with software patents.
      Which presupposes that everything else is indeed eligible for patenting. And yet this too turns out not to be the case. There are no patents on creative works; none on ideas; none on mathematical theorems or laws of physics.
      That's all irrelevant. I'm talking about "... anything else that is already patentable."
      I've made the case as to why it should not - now it's your turn.
      But I believe your case is FUD so, as far as I'm concerned, you have yet to make any compelling argument.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    36. Re:Good by NickFortune · · Score: 2, Insightful
      Then let's say I'm a programmer and I invent a new algorithm for sorting video files (or whatever). It seems to me that my new algorithm is really no different than a machine and should be patentable.

      Well, you can take the pragmatic viewpoint that patents tend to stifle innovation in software, and anti-competitive and demonstrably unnecessary for purposes of turning a profit. On the other hand I've yet to see a decent argument as to why software should be patentable.

      So given that swopats have bad effects, and given that we are talking about what should be done - does it not make sense to outlaw them? I think I'd like a better argument than "it works for tractors" before I endorse the notion.

      --
      Don't let THEM immanentize the Eschaton!
    37. Re:Good by NickFortune · · Score: 1
      That turns out not to be the case.
      That's irrelevant.
      Irrelevant to what and how? I just challenged one of the assertions supporting your argument - if you find that irrelevant it suggests a very convenient definition of relevance.

      All that means is that the patent office is doing a bad job, not that there's inherently anything wrong with software patents.

      Splendid! Then you presumably conceed that small software houses are not enjoying any particular protection from the large houses under the current regime at the USPTO and that, as a minimum patent office procedures are in need of an overhaul. Perhaps you'll go so far as to grant that the benefits of software patents are not so "blindingly obvious" as you may have suggested given that the system is capable of such abuses, and that these benefits are more theoretical than actual at this point in time.

      Now all we need is a robust method for discriminating between good and bad software patents, a means whereby the USPTO can deal with current flooding tactics and some sort of safeguard to prevent this from happening again and I might almost be ready to conceed the point. I'm sure the USPTO will find your proposals fascinating. I know I will.

      That's all irrelevant. I'm talking about "... anything else that is already patentable."
      Silly me. Software patents should be allowed because everything that is already patentable is patentable and therefore so should software be patentable. That's as if I were to say the government should give me a million dollars because everyone else who has already been given a million dollars by the government has been given a million dollars by the governement and therefore, I should be given a million dollars too.

      Is that what they call a circular argument do you suppose?

      But I believe your case is FUD
      Just to be clear: My comment shouldn't be taken as accusing you of maliciously spreading FUD. I'm merely suggesting that you may have been less than critical the last time you were exposed to it. Also FUD is a woefully imprecise term to use in a debate as picky as this one. Let's say propaganda, since that's closer to the meaning I intended.

      Of course, with those caveats, if you still think I have a hidden agenda, I'd love to know what it might be and who you see as benefitting.

      so, as far as I'm concerned, you have yet to make any compelling argument.
      Well, clearly I've failed to compel you. On the other hand, your best argument so far in support of your case boiled down to "why not" - a tactic that not only lacks compulsion, but is somewhat juvenile to boot. Alas, "why not" frequently seems to be the final line of defence for the pro-swpats crowd. I do hope you have something better waiting in the wings - I was rather hoping you might offer something intelligent.
      --
      Don't let THEM immanentize the Eschaton!
    38. Re:Good by pauljlucas · · Score: 1
      Irrelevant to what and how?
      Try reading ahead a sentence or two to see if a point is eleborated upon before replying. In this case, it was.
      Then you presumably conceed that small software houses are not enjoying any particular protection from the large houses under the current regime at the USPTO and that, as a minimum patent office procedures are in need of an overhaul.
      Wrong. All I said was:
      All that means is that the patent office is doing a bad job, not that there's inherently anything wrong with software patents.
      I never agreed that it was actually true, i.e., "All that means is ... assuming your assertion were actually true."
      if you still think I have a hidden agenda
      I never said nor implied you did. That wild assmption is entirely your own doing. If anything, you're guilty of not being able to form sound arguments.
      I do hope you have something better waiting in the wings - I was rather hoping you might offer something intelligent.
      Get used to disappointment. I don't need to provide an argument for exclusion. The burden rests entirely on you.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    39. Re:Good by NickFortune · · Score: 1
      Try reading ahead a sentence or two to see if a point is eleborated upon before replying. In this case, it was.

      Well then perhaps if you kept these points together, people wouldn't need to make assumptions nor to draw inferences concerning what you may have meant. As it is I did what you say you prefer and requested clarification, and you still get all snippy about it. No pleasing some people, I suppose.

      I never agreed that it was actually true, i.e., "All that means is ... assuming your assertion were actually true."

      So are you saying that the USPTO is doing a satisfactory job? I don't think even the USPTO think would go that far. They are overloaded, undermanned, lack quality technical minds and have problems retaining staff meaning that a disproportionate number of patents are being examined by inexperienced staff. No disrespect to the patent office, but I don't see how they can be doing a proper job under the circumstances.

      I never said nor implied you did. That wild assmption is entirely your own doing.
      And I never said nor implied that you said or implied any such thing. All I was doing was offing you the courtesy of persuing the question should you have felt that I was evading the issue. For someone who gets so uptight about unwarranted inferences, you certainly seem to draw your share.

      If anything, you're guilty of not being able to form sound arguments.

      By what criteria and according to whom?

      --
      Don't let THEM immanentize the Eschaton!
    40. Re:Good by irtza · · Score: 1

      The main problem with software patents comes about when the patent covers only an algorithm. A patent on algorithms is probably where most peoples problem with software patents arose.

      A patent on an algorithm (read method) to sort a list is something that can be implemented mentally so long as u can keep track of what state the machine would be in. Granted that when this software is combined with a CPU it may be capable of doing things much faster, but nonetheless the computer is doing nothing you could not do yourself mentally.

      Now an entirely different kind of software patent would be one in which it is not possible to do something mentally because it requires direct interaction with hardware such as a software algorithm that can optimize reads and writes to a harddrive. A person is not able to mentally follow these steps... at least most people I know do not have the ability to directly write to a harddrive...

      In short, I don't think that patents of the type that merely manipulate memory or data structures should be allowed. So no patents on image compression, file formats, data structures, APIs, or advanced mathematical techniques.

      Yes I do believe that you are discriminating here, but patents are not a fundamental right. They were created to advance society and must be setup in a way that furthers that goal. The rate and type of innovation occuring in the software field would largely be stiffled by these patents, so for that reason and that reason alone, they should not be allowed or if they are, the time frame should be severely restricted (like 7 years with no possible extension).

      --
      When all else fails, try.
    41. Re:Good by Anonymous Coward · · Score: 0

      I agree that it should be possible to patent software.

      However the argument that patents are required to 'recoup the time/money you invested on inventing' is one that doesn't quite fly in many cases.

      The patent protects the idea right? So in this case it protects the idea of using a wheel to scroll through a list of options? How much R+D was required to come up with that? How much R+D was required for amazon to come up with the brilliant idea that they would sell more stuff if it only took one click?

      Not much.

      To be fair, actually bringing those inventions to fruition would have certainly costed time and money. So give amazon copyright of it's code, and give apple a patent on the circuit diagrams and manufacturing processes they created to make this idea reality. But they shouldn't be able to patent 'using a wheel to scroll through a list'. That's ridiculous.

    42. Re:Good by pauljlucas · · Score: 1
      So are you saying that the USPTO is doing a satisfactory job?
      No. As stated in my sig, unless I explicity say something, don't assume or infer it. I am making no comment whatsoever on whether the USPTO is doing anything effectively or not. All I said was that your argument holds only if it's actually true. I never conceeded it is true. Not conceding a point is not the same as asserting the opposite. It's like "NULL" in SQL.
      By what criteria and according to whom?
      Mine and me. Don't like it? Tough. Stop arguing with me then.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    43. Re:Good by NickFortune · · Score: 1
      So are you saying that the USPTO is doing a satisfactory job?
      No. As stated in my sig, unless I explicity say something, don't assume or infer it.
      Look at my comment again. See the question mark? That means I'm asking, not assuming. That's what you said I should do, remember? You could at least try not to get confused by your own rules.
      I am making no comment whatsoever on whether the USPTO is doing anything effectively or not. All I said was that your argument holds only if it's actually true. I never conceeded it is true. Not conceding a point is not the same as asserting the opposite. It's like "NULL" in SQL.
      OK, that's clear. Kind of pointless, but clear enough.
      Mine and me. Don't like it? Tough.
      Now that's an unwarranted assumption: Who said I didn't like it? You're as entitled to an opinion as the next man - it just doesn't count for very much unless you can back it up.
      Stop arguing with me then.
      mmm... you seem to be running out of things to say, and I'm sure we both have better things we could do with our time. Maybe it's about time we laid this one to rest.
      --
      Don't let THEM immanentize the Eschaton!
    44. Re:Good by drew · · Score: 1

      By that reason, nothing at all should be patentable, i.e., patents shouldn't exist for anything. That argument isn't even worthy of discussion.

      I don't quite see how that follows from what I said. Portable music players have existed at least since the early 1980's. The fact that the iPod uses a magnetic disk for starage rather than a magnetic tape or an optical disk is not really revolutionary, especially considering that many other devices that used magnetic tapes were already switching over to magnetic disks around the time that portable music players were invented.

      Likewise, as many other posters have said, knobs and dials have been around forever. When someone can figure out how to pump music directly into my brain without wires or headphones/speakers, or adjust the controls without having to actually touch them, then that would be something patent worthy. But a music player that plays music through a pair of headphones or speakers and is controlled by manipulating wheels and knobs? Sorry, nothing new here.

      I realize that I may have oversimplified my original statement slightly, but my point was that most of the software patents that people complain about wouldn't suddenly be ok if they were implemented in hardware rather than in software. I was using the parent posters example of a music player implemented in hardware vs software to make that point.

      --
      If I don't put anything here, will anyone recognize me anymore?
    45. Re:Good by sheldon · · Score: 1

      Simplifying to that level doesn't help the point.

      No, but it makes for a nice strawman argument, doesn't it?

    46. Re:Good by Registered+Coward+v2 · · Score: 1

      So if I develop a hardware stereo (i.e., totally implemented in hardware as opposed to software) with a novel set of knobs and switches, it's OK to patent that, but if I use software to display the interface on a screen instead and use a very novel scroll wheel it's suddenly not OK?

      Care to explain that?


      Actually, you may not be able to do that - depending how the patent is written, they could "own" the interface and a software or hardware implementation would be infringing.

      --
      I'm a consultant - I convert gibberish into cash-flow.
  6. Intellectual Property by imstanny · · Score: 4, Insightful
    Intellectual property is something I have pondered on for a long time and have not come to a definitive conclusion. This case specifically brings up a very interesting paradigm:

    Two people with their own intellectual prowess create the same idea. Yet, the person that manages to get to the patent office first gets the patent. Which means that, in this case, ownership has nothing to do with the original creation of intellectual property.

    1. Re:Intellectual Property by Anonymous Coward · · Score: 0

      "ownership has nothing to do with the original creation of intellectual property"

      uh duh? That's why we have companies that are nothing but lawyers and patent portfolios. Patents are commodities.

    2. Re:Intellectual Property by pauljlucas · · Score: 5, Informative
      Yet, the person that manages to get to the patent office first gets the patent.
      That's not true. If the first person publishes/distributes first without patent, then it becomes prior art for the second patent that is then not granted because of the prior art (or is granted, but then thrown out). Hence, nobody gets a patent.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    3. Re:Intellectual Property by nolife · · Score: 1

      The purpose of filing for a patent is to give you legel credit for creating the idea. You have to start the process somewhere and someone has to valididate that your idea is truely unique somewhere.

      Are you implying someone specific in this case got burned by waiting to make the idea official? How do you know the other party did not start working on this idea 5 or 15 years ago?

      --
      Bad boys rape our young girls but Violet gives willingly.
    4. Re:Intellectual Property by Ruie · · Score: 2, Insightful
      My take on this is that there are two kinds of intellectual property:

      • intellectual property - i.e. control of what others can do with their own intellect
      • intellectual property - i.e. having derived from and/or requiring usage of intellect
      We are in a time when the second becomes more and more important, while the laws sadly focus on the first.
    5. Re:Intellectual Property by SuppleMonkey · · Score: 1

      But that's part of the point. Even if you think up something grand all by yourself, if someone else has already thought of it first, you're out of luck for a patent. By using the term "original creation" you're implying that someone thought of it first.

    6. Re:Intellectual Property by sharkb8 · · Score: 1

      Actually, you have a year to file a patent after publishing your idea.

    7. Re:Intellectual Property by bill_mcgonigle · · Score: 4, Informative

      So, what's the ruckus about?

      The iPod shipped October 23, 2001. This other patent was filed May 2002.

      Did this other guy publish prior to the iPod shipping?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    8. Re:Intellectual Property by nero4wolfe · · Score: 1
      Somewhat off topic, but there is a famous invention where it really mattered who filed the patent first; the telephone.

      As I recall, both Alexander Graham Bell and one other person (I forget the name, but he was involved with founding Western Union) filed a patent for a telephone on the same day. Bell's filing was a few hours earlier than the other.

      There were legal battles for a number of years about actual ownership, and who was actually allowed to sell phones. Eventually Bell won. I think the legal battles were partly responsible for the founding of AT Bell needed capital to pay his legal bills.

    9. Re:Intellectual Property by sharkb8 · · Score: 5, Informative

      The United States is not a first to file Country. In fact, it's one of the last first to invent countries. The patent protection runs from the time you file, because the applicaiton is concrete prrof that you have "reduced the invention to practice". If you get bounced by prior art, in some cases you can antedate the prior art by showing through inventors notebooks, test results, etc, that you conceived the idea at a time earlier than the prior art and were dilegently working to reduce the invention to practice. In the present Apple case, they probably have nothing showing an inventin date earlier than the prior art.

      The moral here is, if you're working on something cool, soemthing that you might want to patent, write it down. Even a diagram or sketch can help you if it's dated.

    10. Re:Intellectual Property by sharkb8 · · Score: 1

      The original iPod probably didn't have the features covered in the patent. I know they didn't have the touchy-scroll-wheel in the first couple generations, it was just bottons covered by a white ring. I'm not sure about the interface.

    11. Re:Intellectual Property by pauljlucas · · Score: 1
      Actually, you have a year to file a patent after publishing your idea.
      And this has what to do with the scenario I presented? Again, if the first person does not patent their invention, then what the second person does is moot. The second person can not file (or keep) a patent on the idea.

      Whether the first person might eventually patent his idea is irrelevant to my point.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    12. Re:Intellectual Property by VikingDBA · · Score: 2, Insightful

      Regardless of who thought of it first or who filed first, if two independant people come up the same idea, assuming neither is aware of the other's work, wouldn't that imply that the invention fails the "not obvious to and expert" test?

    13. Re:Intellectual Property by Apple+Acolyte · · Score: 4, Insightful
      The iPod shipped October 23, 2001. This other patent was filed May 2002.

      Should not all fevered speculation over this issue cease due to the salient fact of the parent post, of which many of us were quite aware? The iPod itself, which has remained essentially consistent in interface from day one, serves as prior art. It is not as if anyone can contest the iPod's date of market origin. So where's the beef?

      --
      Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    14. Re:Intellectual Property by sharkb8 · · Score: 1

      The first person's publication doesn't automatically become prior art.
      again, 35 USC 102(a) and (b):

      102. Conditions for patentability; novelty and loss of right to patent

      A person shall be entitled to a patent unless--

      (a)
      the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or

      (b)
      the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States


      To be prior art it has to be published 1 year before the 2nd inventor files his app, or before the second inventor invents his device.

    15. Re:Intellectual Property by bill_mcgonigle · · Score: 1

      Isn't this patent about the interface? My 5GB iPod has the same interface as the current iPod (Color).

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    16. Re:Intellectual Property by clambake · · Score: 1

      Two people with their own intellectual prowess create the same idea.

      Nearly EVERY important invention you use today was thought up nearly simultaneously by more than one person. It is VERY rare to have an idea that nobody else isn't also having.

    17. Re:Intellectual Property by Anonymous Coward · · Score: 0

      Better still, the prior publisher/inventor has a full year from the date of publication to file for a patent on their invention (if they want to). This is a good incentive to publish the details of an invention for patent protection. And, then, the patent itself acts (is supposed to) as a publication of the details of an invention. Society wins when the details of genuinely-new inventions are published. Now, if we can just get the patent office to enforce the genuinely-new provision. And to stop wasting its time on software or business plans of any sort (read: Congress is full of corrupt dumb fucks).

    18. Re:Intellectual Property by Jerry+Coffin · · Score: 1
      Two people with their own intellectual prowess create the same idea. Yet, the person that manages to get to the patent office first gets the patent.

      This is simply incorrect. If Apple has evidence that they invented the technology first, they can get their patent (and invalidate the previous one) by showing that.

      If you really want to get into the details of this, http://www.uspto.gov/web/offices/dcom/bpai/ would be one place to start.

      It's worth noting, however, that throughout most of the rest of the world, you'd be absoutely right -- most countries use a "first to file" rule rather than a "first to invent" rule like the US does. The weakness of the first to invent rule is that it's easy to find out exactly when somebody filed an application, where it can be difficult, expensive and time-consuming to show exactly when something was invented -- especially since most things take a while to develop, so deciding on an exact point in time to say when it was invented is rarely easy. If memory serves, the usual criterion in this case is the point at which it was actually reduced to practice -- i.e. the first time it actually worked.

      Even that can be difficult in some cases, however -- especially things like techniques for manufacturing, where the whole idea is to progress from something that sometimes works and other times doesn't, to something that works dependably. It may be quite a while later before you know something started to happen (more) dependably.

      Obligatory warning: I'm not an attorney, so none of what I say should be taken as legal advice.

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
    19. Re:Intellectual Property by rhkaloge · · Score: 2, Interesting

      This is also the concept behind CheapAss Game's US Patent Number 1 where you play the inventor of the time machine, and try to beat all the other inventors of time machines throughout history to the day of the opening of the Patent Office.

    20. Re:Intellectual Property by pauljlucas · · Score: 1
      To be prior art it has to be published 1 year before the 2nd inventor files his app, or before the second inventor invents his device.
      I stand corrected.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    21. Re:Intellectual Property by Anonymous Coward · · Score: 0

      In the United States, the first to INVENT wins, NOT the first to file...of course you will need the $$$ to prove that you are the true first inventor, which is why larger corps. will tend to win in the end.

      The Patent system is an awesome juggernaught of legal job-security....

    22. Re:Intellectual Property by Jeff+DeMaagd · · Score: 1

      The moral here is, if you're working on something cool, soemthing that you might want to patent, write it down. Even a diagram or sketch can help you if it's dated.

      One of the things I've heard from an Engineering professor is that you want to make a sketch, preliminary descriptions, make copies and mail it to yourself by certified mail, and leave it sealed. That is considered sufficient proof of date should it be challenged in court.

    23. Re:Intellectual Property by cpt+kangarooski · · Score: 1

      No. A person having ordinary skill in the art is one who has a complete knowledge of the prior art, but virtually no imagination. The fact that two independent inventors came up with something doesn't mean that an equally skilled but unimaginative inventor would have.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    24. Re:Intellectual Property by Belial6 · · Score: 1

      On that note, I think any idea that is indepentently developed by more than one person is obviously and obvious idea and not elegible for patent. Including retroactively removing existing patent.

    25. Re:Intellectual Property by ksheff · · Score: 1

      then how come we have all these 'submarine patent' companies that do nothing but file for and receive vague patents and then file lawsuits against others who have actually done the work to develop a product? I'd be curious how many of the recipients of patents for lightsabers (aka laser sword), for example, have actually created one or is it a scam to extract royalties from toy companies whenever a new Star Wars movie comes out.

      --
      the good ground has been paved over by suicidal maniacs
    26. Re:Intellectual Property by monkeydo · · Score: 1

      An idea in an envelope isn't proof of anything.

      If it were, you could mail yourself a bunch of empty envelopes today, and then whenever you invent something, stick it in one of the envelopes and seal it.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    27. Re:Intellectual Property by GlassHeart · · Score: 1
      One of the things I've heard from an Engineering professor is that you want to make a sketch, preliminary descriptions, make copies and mail it to yourself by certified mail, and leave it sealed. That is considered sufficient proof of date should it be challenged in court.

      Your professor is seriously misinformed. It's trivial to mail yourself an unsealed envelope, and later seal it with whatever "invention" you like. The USPTO has a service called "Disclosure Document Program" that "should provide a more credible form of evidence than that provided by the mailing of a disclosure to oneself or another person by registered mail." Another acceptable form of proof is "the conventional, witnessed, permanently bound, and page-numbered laboratory notebook or notarized records."

    28. Re:Intellectual Property by zippthorne · · Score: 1

      I heard the story that gray had a workable design but no prototype and actually filed first, bell came in hours later without a working design, but was allowed to look at gray's application, and as a result was able to fix his design and demonstrate it before gray was able to finish building his prototype to demonstrate for the patent examiner.

      I don't know how true that is, but if it's false, I blame Paul Harvey.

      --
      Can you be Even More Awesome?!
    29. Re:Intellectual Property by Anonymous Coward · · Score: 0

      And get the post office to postmark it with a date in the past?

      Certified mail is used by many as proof of having create a work on or before a given date.

      Many musicians also do this with demo tapes in order to have proof that they've recorded a certain song/tune/arrangement/etc....

    30. Re:Intellectual Property by burnetd · · Score: 1

      Elisha Grey. A few more interesting Bell patent facts. i) Bell's first patent, the one Bell got in an hour so so before Grey described a device that would not work. ii) Bell's patent also has rough diagrams in the margins that as rather too similar to the ones in Grey's patent. iii)The patent clerk involved admitted he let Bell's lawyers look at Grey's patent. iv) A bloke called Reis had prior art v) a bloke called Meucci had prior art too some of it from the 1850's

    31. Re:Intellectual Property by elgaard · · Score: 1

      Yes, that is the problem. It is what makes patents different from copyright. The chance of me writing a Harry Potter book indepently of Rowlings is zero. But the chance of someone having a patent on ideas I get for making software is very real. There is even a good chance that someone will get the idea just after me and get the patent (since I can't afford to apply for patents for all my innovations).

      The end result is that others can prevent me from using my own origianl innovations.

      Therefore we should all stop using "Intellectual Property" for patents and copyright. It is not property and copyright and patents are not similar.

    32. Re:Intellectual Property by sharkb8 · · Score: 1

      Submarine patents, in the traditional sense, do not exist any more. Jerome Lemelson was famous for submaine patenting, and made tons of money off of it invery diverse fields. However, the definition of a submarine patent is filing something vague, then keeping the patent pending until the industry develops, and then incorporating changes into the opatent to cover what is widely used in the industry. THe reason this worked is that patents used to have a term of 17 years from the patent grant date. So you could keep a patent pending for 20 years, thenget 17 years on top of the pendency period. Now, the term is 20 years from the filing date. If you keep a patent pending long enough, you won't get any patent protection. Additionally, there is now the doctrine of prosecution laches, which states taht if you do not advance the patent applciaiton, or if you make meaningless, unpatentable changes to the applicaiton, you can be barred from getting a patent at all.

      What you are referring to are overly broad patents. Most of these can be challenged in court as not enabling, not specific, or no good because of prior art (obvious or not inventive). A lot of people end up paying because it's cheaper than patent litigation. And once a few smaller companies take out icense fees, that's evidence of commercial success to be used against larger companies if the patent holder gets taken to court.

    33. Re:Intellectual Property by sharkb8 · · Score: 1

      it generally doesn't work for copyright anymore. It only costs $20 to regsiter a copyright, it's jsut easier to file withteh copyright office. Additionally,. by filing withthe copyrightoffice, you can get damages. If you don't file with the copyrihgt office, you can usually only get an injunction to stop people from using the copyrighted work.

    34. Re:Intellectual Property by monkeydo · · Score: 1

      What proof do you have that the idea was in the envelope when the PO postmarked it? None, execpt your sworm testimony. Which is the same proof that the date on your inventors notebook is accurate. So, either way, the reliability of the date comes down to the trustworthiness of your testimony. You gain nothing by mailing inventions to yourself.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    35. Re:Intellectual Property by ksheff · · Score: 1

      Does the current process require that a functional prototype exist before a patent could be issued?

      --
      the good ground has been paved over by suicidal maniacs
    36. Re:Intellectual Property by sharkb8 · · Score: 1

      No. But you do have to have what's called an "anabling disclosure". (35 USC 112). YOu have to describe the process in such a way that "one skilled in the art" could reproduce your invention. This is the carrot-stick tradeoff of patents. You have to tell how to make your invention, and in return for contributing that knowledge to the public, you get a limited monopoly on making, using or selling the product, for 20 years from the date of the application. After that, anyone can use or make the invention, as the knowledge is then dedicated to the public. The monopoly is the carrot, the disclosure is the stick.

      Basically, anything you claim in a patent, what's actually protected, you have to describe how to make the invention. If you invent a new chemical compund for curing cancer, if you patent the compund, you have to tell how to make it. If you patent using the compund to treat cancer, you have to tell how you effectively treat cancer. And with chemical compunds, you have to tell what the molecle looks like.

      The patent office used to require a working model, but not anymore. Partly that's because so many things that aren't in tangible form can be patented. Software such as the XOR cursor and Gif compression and business methods such as treating cancer with a particular drug are examples of the intangible invention.

    37. Re:Intellectual Property by poopdeville · · Score: 1
      What proof do you have that the idea was in the envelope when the PO postmarked it? None, execpt your sworm testimony.

      Which is why you don't open the sealed envelope until you're presenting evidence.

      --
      After all, I am strangely colored.
    38. Re:Intellectual Property by monkeydo · · Score: 1

      And what proof do you have that the envelope was sealed when it was postmarked?

      1. Mail yourself a bunch of empty unsealed envelopes.
      2. Wait for someone to invent something.
      3. Draw a picture of said something and put it in one of the envelopes from step 1 and seal it.
      4. Claim you invented said something before the actual inventor.
      5. Offer your sealed envelope postmarked before the actual inventor's patent application as proof.
      6. Get laughed at.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    39. Re:Intellectual Property by poopdeville · · Score: 1

      You don't need proof. You've presented evidence. It falls to the opponent to discredit your evidence.

      --
      After all, I am strangely colored.
    40. Re:Intellectual Property by monkeydo · · Score: 1

      Yes, and the only evidence you've presented is your testimony that the idea oe whatever was in the envelope when it was postmarked. This testimony is no more reliable than your testimony that the date on the page in your inventors notebook is accurate.

      Google for patent + postmark.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  7. What are the merits of a patent in this case? by rob_squared · · Score: 2, Interesting
    Serious question. I don't have an answer, and I'm trying to foster some discussion.

    They have: DRM, Large music base, their own portable MP3 player that's compatible.

    Are they worried about people confusing Yahoo's or Mircrosoft's offerings with iTunes?

    --
    I don't get it.
    1. Re:What are the merits of a patent in this case? by Nom+du+Keyboard · · Score: 1
      Are they worried about people confusing Yahoo's or Mircrosoft's offerings with iTunes?

      No. They're worried that they might lose a few cents to someone else in a market they believe God has granted to them alone.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    2. Re:What are the merits of a patent in this case? by Anonymous Coward · · Score: 0

      Steve is God, you must be thinking of someone else.

    3. Re:What are the merits of a patent in this case? by Anonymous Coward · · Score: 0

      Dell's iPod-knockoff imitates the iPod interface. So, yes, there is the potential for a competitor to take Apple's interface invention and sell it as their own. Confusion (the hallmark of trademark infringement) isn't necessarily the problem here. The issue is lost sales due to another business being allowed to sell nearly the same thing. Apple would like their limited-term monopoly protection granted via patent.

  8. big deal by hsmith · · Score: 1

    good for the consumer, it will force apple to stay on the cutting edge because their competition can easily copy their interface. competition = innovation = win for consumers

    1. Re:big deal by MadCow42 · · Score: 1

      >>competition can easily copy their interface

      In this case you're wrong... nobody said that the interface wasn't patented, just that APPLE couldn't patent it. It's fully possible that the guy that filed the patent 5 months previously could wave that around a bit.

      MadCow.

      --
      I used to have a sig, but I set it free and it never came back.
  9. It would be humorous to note... by Anonymous Coward · · Score: 5, Funny

    that John Platt works for Microsoft :)

    http://research.microsoft.com/~jplatt/

    1. Re:It would be humorous to note... by Anonymous Coward · · Score: 0

      Oh no! But it's always M$ that copies apple! I don't believe you!

    2. Re:It would be humorous to note... by neildiamond · · Score: 0

      But, but, but... Microsoft NEVER INNOVATES!

    3. Re:It would be humorous to note... by shawn(at)fsu · · Score: 1

      Totally off topic but I seem to rememebr MS being the first to offer a optical mouse?

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    4. Re:It would be humorous to note... by Anonymous Coward · · Score: 0

      what kind of optical mouse? They've had optical mice that used grid mousepads for a long time prior to the creation of the one's were familiar with today and I doubt Microsoft had a hand in those, seems like something SGI would have done.

    5. Re:It would be humorous to note... by Anonymous Coward · · Score: 1, Informative

      i know that Sun SPARCstations came with optical mice that used the metal, grid mouse pads, far before optical mice were offered by MS.

      (off topic, i've had the same "security word" within a few days. is this intentional or detrimental?)

    6. Re:It would be humorous to note... by Darth_Burrito · · Score: 1

      Regardless, anything that requires a grid mousepad is a significant step away from today's optical mice. A significant advantage of optical mice is that they work on virtually any surface. The mouse you describe not only requires a mousepad, but a special kind of mouse pad.

    7. Re:It would be humorous to note... by Anonymous Coward · · Score: 0

      Quoting from the web page:

      "Before coming to Microsoft, I was Director of Research at a small company called Synaptics."

      Interesting...

    8. Re:It would be humorous to note... by oldwolf13 · · Score: 1

      to me, that's only a slight advantage... the preciseness of the optical mice, and the lack of cleaning are the two biggest factors for me.
      A good (Logitech) ball mouse that's well maintained and has a good mousepad will be just as accurate as the current crop of optical mice IMO.

        I still have a mousepad (it's kind of neat actually... glows blue around the outside "glass", with a black surface. You can get them at London Drugs if you decided you need to "rice" your computer more)

      A lot of people I know still use mouse pads with their opticals.

      --
      If I can't smoke and swear I'm fucked.
  10. Good. by agent424 · · Score: 1, Troll

    I hope the original Patent Holder takes Apple to court for Patent Infringement, and bilks them for all the money he can. It will only go to show Apple how absurd an idea these kinds of patents are.

    1. Re:Good. by agent424 · · Score: 0, Troll

      Troll, eh? Okay, replace Apple with Microsoft and then mod.

    2. Re:Good. by northcat · · Score: 0, Troll

      Replace "Apple" with "Microsoft" or any other company and you would have been modded +5 Insightful. It's contrasting to see so many positive responses towards Apple in this story.

    3. Re:Good. by oliverthered · · Score: 1

      I think Apply put drug into the water, or maybe it's because their favorite start in their favorite moved uses an Apple Mac to save the world.

      Personally I think almighty patent suites (like taking apple for 50% of the iPod because I patented the interface fist) will be the only way that patents will be reformed.

      Someone along the line decided because Apple 'innovates' with their UI that they are pro-bono when it comes to taking mod points on /.

      --
      thank God the internet isn't a human right.
    4. Re:Good. by ioErr · · Score: 1

      What will the fact that someone else got an "absurd" patent before they did show Apple, except that they have to be quicker about getting patents?

  11. Prior Art (surely in the Top 10 /. subject lines?) by BarryNorton · · Score: 2, Insightful

    Never mind prior art claims between these patents, it's only the inclusion of the words 'portable media player', or similar, that stops the whole stack from being toppled by very clear prior art... This system is clearly ridiculous.

  12. Wrong link for the patent by dan+dan+the+dna+man · · Score: 4, Informative

    Platts patent is here I personally cant see the relevance of the patents to each other but IANAPL :)

    --
    I don't read your sig, why do you read mine?
    1. Re:Wrong link for the patent by thebdj · · Score: 1

      When looking at an issued patent for the purpose of prior art, ignore the claims. Now remember that in the patent world the claims are what really matter for the sake of analyzing a present invention, so by and large ignore the specification and details of the current application by Apple. Since it is practice to give the broadest reasonable interpretation to the claims when searching for prior art, you sometimes make connections that most people miss. Btw, IANAL but IAAPE (I am a patent examiner). General Statement: there are provisions in the law to allow re-examination of issued patents, so stop complaining about prior art and submit it to the Patent Office, you can always find a lawyer somewhere and I would be seriously surprised if there are not groups willing to spend the money to fight if you point it out to them as well (ie the companies the patent will affect).

      --
      "Some days you just can't get rid of a bomb."
    2. Re:Wrong link for the patent by Anonymous Coward · · Score: 0

      It's alos just a patent application, not a patent.

  13. Patents good now? by Anonymous Coward · · Score: 1, Insightful

    I get the impression from the "tone" of the headline and summary that patents are good as long as Apple owns them. Reality check here.

    1. Re:Patents good now? by 99BottlesOfBeerInMyF · · Score: 1

      I get the impression from the "tone" of the headline and summary that patents are good as long as Apple owns them. Reality check here.

      When has anyone here argued against patents in general? Got a link? I've seen plenty of arguments against software patents, and some against "look-and-feel" patents. I've seen plenty against copyright. I don't recall seeing anyone here take the position that traditional patents (like this one) in general are not beneficial.

      If you read about this you'll see this is about an patent filed by a MS researcher for something unrelated to the ipod, but which includes one similar UI element as is in the ipod. He was approved for his patent even though it was applied for many months after the ipod was in stores. Basically, the patent office did not check for prior art one of the many times MS submitted the patent and now they are using it to cause Apple legal headaches. Not really much of a story.

    2. Re:Patents good now? by Anonymous Coward · · Score: 0

      Basically, the patent office did not check for prior art one of the many times MS submitted the patent and now they are using it to cause Apple legal headaches

      What article did you read?

      Let's start with the headline in /.

      Apple's iPod Interface Patent in Jeopardy

      The story is about Apple being rejected for a patent beacuse of an existing patent. The article headline, oddly enough, points that out. Every other patent related story on /. in the last two or more years would have a headline like "Developer beats Apple at patent of the obvious" or something like that.

      Your claim:
      MS submitted the patent and now they are using it to cause Apple legal headaches

      Where the fuck did that come from? I did not see anything about using it for legal headaches ANYWHERE. You made that up.

      Back to my original point. The slashdot summary and article APPEAR to be slanted toward Apple. If this was any other company, they would be labeled as losers for trying to patent something like this and you know it, not backing up the point that it is too bad they were too late to submit for it and someone else got it.

    3. Re:Patents good now? by 99BottlesOfBeerInMyF · · Score: 1

      What article did you read?

      A number of them, not all us of depend upon Slashdot as our only source of information.

      Every other patent related story on /. in the last two or more years would have a headline like "Developer beats Apple at patent of the obvious"

      The majority of patent stories that make Slashdot do so because they are gross abuses of the patent system or because they are being used to stifle innovation and stop new inventions from being developed. Most of them relate to software, a "business process," or some other type of patent that should not exist. This includes articles about Apple patenting the "look and feel" of user interfaces for which they have been rightfully flamed here previously.

      This story, however, is about a real, honest to goodness, really real, physical patent on a new interface that combines hardware and software in a new, non-obvious way that to the best of my knowledge has never been done before. It would not make Slashdot at all except for the fact that an MS researcher's patent that came out after the ipod overlaps with a portion of the patent and is being used to try to tie it up in paperwork, despite obvious prior art (from Apple).

      You made that up.

      Or maybe I read is somewhere else? Try google already.

      The slashdot summary and article APPEAR to be slanted toward Apple. If this was any other company, they would be labeled as losers for trying to patent something like this and you know it.

      For some reason so many people on Slashdot of late seem to be subject to groupthink and rote repetition of themes rather than understanding the reasons behind those themes. People on Slashdot write lots comments critical of the patent system because it is so often abused and has been extended to include things that are wholly detrimental to society. That does not mean those people are opposed to patents in general or that they are opposed to any given patent. There are a number of very good reasons to oppose software patents and business process patents, and patents that just added "on the internet" to something people already do all the time. At the same time there are a number of very good reasons to support traditional patents and praise and reward companies for actually making something new.

      Go back and find me an article on Slashdot about a traditional real-world patent of something, where the majority of people objected to it. You'll have a hard time because real patents don't get posted to Slashdot, because they are not normally news. Unless something like these shenannigans are going on.

      In future try to apply a little more critical thought to topics like this. "patents bad, microsoft bad, linux good, apple good" is a drastic oversimplification and most of the people here (I hope) only make such comments as jokes. Apple does things that are beneficial and harmful. They are just a company. They aren't bad or good, but they are rightfully lauded and decried for their various deeds. Similarly, not all patents are harmful and some uses of the patent system are perfectly valid.

    4. Re:Patents good now? by Anonymous Coward · · Score: 0

      Are you trolling?

      Or maybe I read is somewhere else? Try google already.

      In your first reply, you ask for links for me to prove what I clearly labeled as my opinion and my first impression of the story headline. Then you post something you claim to be a fact (no opinion, no assumption) and provide no reference other then "search Google" in two consecutive posts.

      Similarly, not all patents are harmful and some uses of the patent system are perfectly valid.

      So if someone does not agree with your interpetation of what patents should fall under the good or bad catagory, they are uneducated and did not put "critical thought" into their own decision? What I am getting from your posts is anyone who does not agree with your thoughts is wrong no matter what. More power to you man.

    5. Re:Patents good now? by 99BottlesOfBeerInMyF · · Score: 1

      Congratulations for failing to address any of the points I made. You attack the fact that I did not provide references (which you did not request and which are easily located), you attack me personally, and you make even more assertions about my beliefs without any backing whatsoever. What I'm getting from your posts is you don't have any arguments to back up your beliefs, can't find or create any logical reasons for your assertions, but are planning to go on making said assertions anyway. You make sweepings oversimplifications and then whine like a little girl when someone challenges your grouping of all patents as "good" or "bad." I don't know why I even bother responding to an anonymous coward.

    6. Re:Patents good now? by Anonymous Coward · · Score: 0

      So why ask others for links for proof but refuse to supply any of your own?
      My original post way back when was an opinion. I also stated that I think this referenced patent is very close to patent of the obvious, another opinion. You disagree. That is all there is to it. Your text and explanations about this patent did nothing to change my mind and there is nothing to address.

    7. Re:Patents good now? by 99BottlesOfBeerInMyF · · Score: 1

      So why ask others for links for proof but refuse to supply any of your own?

      Noo, I asked for a link to support your opinion, which you seem unable to supply. On the other hand you never asked for a link to the information I mentioned. After a quick look, in fact, most of it is contained in the second article (The register) linked to from the story. If there is any particular point you'd like me reference do ask.

      I also stated that I think this referenced patent is very close to patent of the obvious...

      Actually, I don't see you making that comment at all. There is no comment to that effect in this thread and certainly not from an anonymous coward poster.

      Your text and explanations about this patent did nothing to change my mind and there is nothing to address.

      Well, I guess that puts me about three steps ahead of you since I have facts, logical opinions based upon those facts, and explanations of those opinions and and why your stated assertions are incorrect. You seem to have assertions and no stated reasons for them, nor any rebuttal for any of the points I made.

      I'll refrain from going deeply into things, but please try to escape from so much generalization. Apple isn't good or bad and neither are patents. Linux isn't perfect for every application. OS X isn't the perfect GUI. Copyright law can be used to benefit humanity and anonymous cowards posts aren't always worthless.

  14. Obviousness by Dr.+Evil · · Score: 2, Interesting

    It would be nice if two people patenting the same thing at roughly the same time could be used as a test to indicate that neither patent is valid and both are obvious.

    ...but that would make sense.

    1. Re:Obviousness by pauljlucas · · Score: 3, Insightful
      t would be nice if two people patenting the same thing at roughly the same time could be used as a test to indicate that neither patent is valid and both are obvious.
      Just because 2 people out of 6 billion think of something doesn't make it obvious.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    2. Re:Obviousness by sharkb8 · · Score: 2, Informative

      There is, it's called an interference. Basically, it's a way to see who devloped something first. However, they don't generally judge both patents on the merits during an interference, just the date of invention. The junior patent applicaiton will then have to narrow the scope of their claims to avoid the senior patent.

    3. Re:Obviousness by Anonymous Coward · · Score: 0

      Just because 2 people out of 6 billion think of something doesn't make it obvious.

      No, but 2 out of the 6 people worldwide who are trying to solve that particular problem is more likely to be obvious. Remember, obviousness is relative, both in the real world, and in the patent world.

    4. Re:Obviousness by kindbud · · Score: 1

      There are six billion people who are practiced in the art of user interface design? I didn't know that!

      --
      Edith Keeler Must Die
  15. wow this is new by Anonymous Coward · · Score: 5, Funny

    Appearently the USPTO computer system just got upgraded, appearently they have the ability to "reject" patents now.

    1. Re:wow this is new by Anonymous Coward · · Score: 0

      Hmmm. Apple releases a 2-button mouse, and now the USPTO is able to reject patents. Coincidence? I think not!

  16. Hold on just a damn second.... by Conspiracy_Of_Doves · · Score: 2, Funny

    Are you saying that the US Patent Office actually rejected a patent application? For any reason, much less prior art?

    Holy crap! This is unprecidented!

    1. Re:Hold on just a damn second.... by MustardMan · · Score: 1

      As long as they keep approving devices which violate the laws of thermodynamics, I will be able to sleep well at night.

    2. Re:Hold on just a damn second.... by WhatAmIDoingHere · · Score: 1

      You should try to get a patent on that.

      --
      Not a Twitter sockpuppet... but I wish I was.
    3. Re:Hold on just a damn second.... by lelitsch · · Score: 1

      The reason they looked was probably more that the earlier patent was filed by Microsoft who have a huge stable of lawyers to make sure that no patents are awarded that might compete with Microsoft patents. I'd be surprised if the USPTO would ever be able to miss prior art by the likes of IBM, GM, GE..

  17. Re:Prior Art (surely in the Top 10 /. subject line by Ironsides · · Score: 1

    Never mind prior art claims between these patents, it's only the inclusion of the words 'portable media player', or similar, that stops the whole stack from being toppled by very clear prior art... This system is clearly ridiculous.

    In other words, the whole thing should be thrown out under the "non-obvious" clause.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
  18. 2 points by cascino · · Score: 5, Insightful

    2 important things to note:
    1. John Platt is officially "Manager of the Knowledge Tools Group at Microsoft Research." Which would be very bad for Apple, except that...
    2. This isn't a final rejection, and certainly isn't as serious as the AppleInsider article makes it sound. Read the article on the Register for more info (I know this is /., but it's worth a shot). Basically Apple has a lot of patents on the iPod, such that even if Mr. Platt's patent were to stand the test of time (it has several rejections against it as well), the iPod's most important features would be safe from litigation.

    1. Re:2 points by I8TheWorm · · Score: 1
      This isn't a final rejection, and certainly isn't as serious as the AppleInsider article makes it sound.
      But Platt's playlist application also has a rejection history. It received an NFR on 17 November 2002, and a more serious Final Rejection on 14 June 2004. After further documentation was received, and extension granted, the application received another NFR on 11 December last year.

      I don't know that it jeopardizes Apple in any way, but not only is it actually a final rejection, it's not their first final rejection (whatever that means).
      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    2. Re:2 points by Joe+Decker · · Score: 2, Informative
      But Platt's playlist application also has a rejection history.

      Moot.

      The rejection of Platt's patent would in no way invalidate it's use as prior art for invalidating a different patent. One of the great things about patent applications, even rejected ones, is that they form a trail of prior art that can be used to invalidate future attempts to patent ideas.

    3. Re:2 points by I8TheWorm · · Score: 1

      It's not moot, in that it proved one of the parent's points incorrect... that being that it had not had a final rejection.

      Now, given that it had more than one final rejection, I'm going to have to spend some time finding out what this new definition of "final" actually is.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    4. Re:2 points by hotdiggitydawg · · Score: 1

      USPTO definition of "final": "Send us another cheque with your next version of this application and we'll reconsider it"...

  19. BRING BACK the pPod or pBop or whatever!! by pw700z · · Score: 4, Interesting

    Anyone remember this? http://apple.slashdot.org/article.pl?sid=04/03/09/ 1654250&tid=176&tid=100&tid=3 From starbright? Basically an ipod interface for PocketPC? Totally illegal alledgedly, but i love it on my Samsung i730!

    1. Re:BRING BACK the pPod or pBop or whatever!! by glesga_kiss · · Score: 1
      Got any sources of this? Looks as though Apple sued it into oblivion and I can't find it. The official site is long gone...:
      Due to legal pressure from Apple we are no longer able to distribute this application.

      Yeah, cos a potential iPod owner is going to change their mind and get a Pocket PC instead. Jeez, they are completely different markets; Pocket PC is your gadget lover, while iPod is "trendy" consumer. An gadget lover would avoid the iPod due to the superiour alternatives, unless they were a bit of an Apple fan to begin with that is (in which case Apple get the sale). Either way, pointless litigation at the end of the day.

    2. Re:BRING BACK the pPod or pBop or whatever!! by pw700z · · Score: 1

      Google: "ppod download ipaq" To be honest, i considered getting an ipod because my wife's is awesome, but i was also at the time carrying a samsung i700, so I said to myself "i need to make this i700 do more!", when i remembered the slashdot article about the pPod. So, I got myself a 1GB SD card and was on my way. Now that I have the i730, the media player from MS is much better (i can actually play an album!), so i only use the pPod for show and tell.

    3. Re:BRING BACK the pPod or pBop or whatever!! by bit+trollent · · Score: 1

      favorite quote from the wired article linked to in the story:

      "I think iPod interface is going to be the new Linux," he said. "People are going to try and put an iPod interface on just about everything."

    4. Re:BRING BACK the pPod or pBop or whatever!! by glesga_kiss · · Score: 1
      You should check out some of the other player software. My favourite is Mortplayer (free as in beer); it treats folders as playlists so it's pretty easy to use when you change your music often. Plus, it has a feature to disable the screen while playing, saving battery and accidental pressing. Miles better than the built in player.

      Still no joy on the pPod thing; found it on p2p so just waiting on that to come through. Seems Apple must be aggressively nuking all links to it, never seen so many 404's for a google search! It's likely they'll stumble on this one day. Hello guys! Don't you know your efforts only made me want it more? :-)

  20. The mouse that clicked by lepus97230 · · Score: 2, Insightful

    Wait a minute... you can get a patent on "clicking the left button of a mouse to order goods and services from a web site" when there's clearly a decade of prior art, but the iPod interface isn't good enough?

    1. Re:The mouse that clicked by Anonymous Coward · · Score: 0

      It should be that neither of your examples made it through.

  21. Inovative? by Anonymous Coward · · Score: 5, Insightful

    From the Register article ...

    "describes rotating an input device to navigate in a linear fashion through a user interface."

    Didn't I do this when using the 'Paddle' on my Atari 2600 two decades ago? Doesn't seem so inventive.

    1. Re:Inovative? by CynicalGuy · · Score: 1

      I think there are a few examples of prior art even older than that...

    2. Re:Inovative? by Winterblink · · Score: 1

      Not to mention that whole radio dial thing from way back. :)

      --
      "I'm a leaf on the wind. Watch how I soar."
      -Hoban Washburn
    3. Re:Inovative? by Anonymous Coward · · Score: 0

      Quick, someone downmod this guy for questioning the unquestionable BRILLIANCE of Apple.

    4. Re:Inovative? by KillerBob · · Score: 1

      Etch-A-Sketch... except this time, it's two knobs for two linear interfaces working in tandem. :)

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    5. Re:Inovative? by wgray8231 · · Score: 1

      "describes rotating an input device to navigate in a linear fashion through a user interface."

      Sounds like something I've seen before.... Maybe on my OVEN!

    6. Re:Inovative? by Anonymous Coward · · Score: 0

      I remember having a Sprint PCS phone back 5 years ago that had a little scroll wheel on the side, serving the exact same purpose as the wheel on the iPod.

    7. Re:Inovative? by peter_gzowski · · Score: 1

      Didn't I do this when using the 'Paddle' on my Atari 2600 two decades ago?

      I believe that the patent is for rotating an input device to navigate through a linear list of menu entries. I don't think you did this on your Atari.

      --
      "Now gluttony and exploitation serves eight!" - TV's Frank
    8. Re:Inovative? by Anonymous Coward · · Score: 0

      "describes rotating an input device to navigate in a linear fashion through a user interface."

      Yeah, this is what I don't like about the Ipod. It's a crappy input method.

    9. Re:Inovative? by drainbramage · · Score: 1
      "describes rotating an input device to navigate in a linear fashion through a user interface."

      I've created a new device I am calling the iVolumeKnob.

      And it goes to II.

      Really.

      --
      No brain, no pain.
    10. Re:Inovative? by ArghBlarg · · Score: 1

      No, but I did definitely do it on Atari's "Tempest" and other arcade games.. the level selection (easy/medium/hard) and high-score initials at the end were scrolled through using a wheel. Definite prior art there.

      --
      ERROR 144 - REBOOT ?
    11. Re:Inovative? by BAM0027 · · Score: 1

      Hell, I did that tuning my dad's car radio back in 1969.

    12. Re:Inovative? by Anonymous Coward · · Score: 0

      And even in the music player market it has been done before. My Sony stereo which is over 10 years old (and so predates the iPod) has a flat circular dial on the front that you rotate left or right to navigate through menus, you then press a button next to it to select. It is identical to the iPod interface (right down to hierarchical menus) except it isn't touch.

      An early mp3 player I got (made by Intel) uses one of those wheels set into the side to navigate, you can scroll through flat lists of songs and menus by scrolling it up or down, and then you click the wheel in order to select. Once again very similar to Apple's design.

      There is absolutely nothing new or innovative about the iPod interface - Apple were just the first to use it in a product that sold in such high numbers.

  22. Ridiculous beyond belief by RapmasterT · · Score: 4, Interesting

    It's hard to imagine anyone keeping a straight face while applying for a patent on something as trivial/universal/obvious/pre-existing as as a method of traversing a linear menu. Every MP3 player I've owned, going back to the RIO 300 used a variation of a thumbwheel and click menu. How did Apple decide they "invented" this?

    1. Re:Ridiculous beyond belief by Procrastin8er · · Score: 0

      Didn't you know that all good ideas came from Apple. They invented the GUI, the Mouse, etc....
      ;-)

      --
      Slashdot - Where the slash is most definitely to the left.
    2. Re:Ridiculous beyond belief by Anonymous Coward · · Score: 0

      We've had the wheel mouse for the best part of a decade, I rotate that to traverse list. Or how about the mouse, it has a ball that rotates, so I rotate that to traverse lists. Or how about specialist graphics stations from the 80s with large track balls, weren't they rotated to traverse lists ever?

      This is a shockingly bad patent, which even without prior art is obvious, we all rotate things to cause linear motion (the crank handle for instance, been around for 1000s of years), tacking on that it happens to be on a portable media player doesn't make it an invention!

    3. Re:Ridiculous beyond belief by RapmasterT · · Score: 1
      we all rotate things to cause linear motion
      don't tell me what to do.
    4. Re:Ridiculous beyond belief by Anonymous Coward · · Score: 0

      This is also used by everyone's favorite litigation posterchild Research In Motion starting with (at least) the RIM 900 series.

    5. Re:Ridiculous beyond belief by Scudsucker · · Score: 1

      It's hard to imagine anyone keeping a straight face while applying for a patent on something as trivial/universal/obvious/pre-existing as as a method of traversing a linear menu.

      Everything is obvious once someone else has done it. It's how you transverse the menu. Duh. Apple invented a great way to do it, (the clickwheel), and patented it.

      Every MP3 player I've owned, going back to the RIO 300 used a variation of a thumbwheel and click menu. How did Apple decide they "invented" this?

      Because they invent it and you are full of crap on other players having a clickwheel? Merely having your controls laid out in a circular fashion does not a clickwheel make. Having a touch sensitive circular disk with buttons on it makes it a clickwheel. And as Apple has a patent on this (the article is about a software patent for the GUI) no other players are going to have one anytime soon.

    6. Re:Ridiculous beyond belief by RapmasterT · · Score: 1
      Because they invent it and you are full of crap on other players having a clickwheel? Merely having your controls laid out in a circular [geartest.com] fashion does not a clickwheel make.
      you managed to miss the point of the article, my post, and contradict yourself as well. well done.

      Nobody but you said anything about a clickwheel.

      This patent has nothing to do with the clickwheel. but please, don't let that impact your obvious enjoyment of it. click away.

  23. my comparison by domipheus · · Score: 2, Insightful

    I agree fully here, it just seems stupid in my view.

    I seem to keep comparing this to a thing like Walls patenting the IDEA of ice cream, and Hagen das then going and making lovely ice cream, much better than Wall's. In my view, hagen das have the better product, they should not be penalised. It is consumers which decide who gets rich, not bloody patents - which seems to be the craze now.

    An odd view, but somone must agree with me!

    1. Re:my comparison by NanoGator · · Score: 1

      "An odd view, but somone must agree with me!"

      I half do. Unfortunately, I'm worried about deep pocketed corps (*cough*MS*cough*) deciding to enter the market and ripping off the other guys. I'm all for competition, but who's going to be innovative if they feel their success will be ripped right out from under them?

      The unfortunate thing about life is that copying is always easier than innovating.

      --
      "Derp de derp."
    2. Re:my comparison by Loonacy · · Score: 1

      Since when have patents stopped Microsoft from doing something?

  24. In Jeopardy? by autopr0n · · Score: 0, Flamebait

    I thought Slashdot hated patents, and software patents especially? And on something as stupid as a software interface?.

    But I guess the rules don't apply to Apple.

    Apple may just buy the patent from Platt.

    --
    autopr0n is like, down and stuff.
    1. Re:In Jeopardy? by argent · · Score: 1

      What's your point?

      If someone else gets a patent on the iPod user interface, isn't that a perfect example of why software patents are a problem?

    2. Re:In Jeopardy? by Anonymous Coward · · Score: 0

      why dont you work on getting autopron back up you good for nothing slacker

    3. Re:In Jeopardy? by Anonymous Coward · · Score: 0

      Like you said its because its Apple. No other reason.

      "Hallow are the Apple." is Slashdot's motto.

  25. They are trying to patent a tuner knob? by Confessed+Geek · · Score: 5, Insightful

    From the Register Article:
    "describes rotating an input device to navigate in a linear fashion through a user interface" I think the car radio on my Dads 1950 Ford did that. I rotate the knob and it moves the channel indicator in a linear fashion across the "user interface" showing which radio frequency I'm tuning to.

    Oh wait, if you put "e", "i", before it or "computer/Network/Internet" after it - something invented 50+ years ago it is suddenly NEW! Welcome to the new iMillenium!

    1. Re:They are trying to patent a tuner knob? by Jeff+DeMaagd · · Score: 1

      But... iPod doesn't have a tuner! Not that I care, AM/FM is worthless to me.

      You do have a point. I wish tech companies didn't try to do away with dials and knobs so much, it is easier, faster and more intuitive to just twist a knob than it is to hold down or click a button to move a pointer through a sliding scale. If this weren't true, we wouldn't be using mice instead of the keyboard's arrow keys.

      This is one reason why "control surfaces" are necessary for serious digital media production, they have dozens of dials, knobs and sliders to control volumes, panning, effects, fades and such.

    2. Re:They are trying to patent a tuner knob? by Anonymous Coward · · Score: 0

      "iMillenium"... you'd better go get this patented quick!!

    3. Re:They are trying to patent a tuner knob? by Jtheletter · · Score: 1
      Oh wait, if you put "e", "i", before it or "computer/Network/Internet" after it - something invented 50+ years ago it is suddenly NEW! Welcome to the new iMillenium!

      Hey-hey there buddy, I hold copyright on 'iMillenium' (TM) and I will soon be suing you for a large number of eDollars!

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    4. Re:They are trying to patent a tuner knob? by Confessed+Geek · · Score: 1

      Ouch. Do you take e-Gold?

  26. Not exactly by autopr0n · · Score: 3, Informative

    The first inventor can go out and patent the idea up to 2 years after publicizing it.

    --
    autopr0n is like, down and stuff.
    1. Re:Not exactly by pauljlucas · · Score: 1
      The first inventor can go out and patent the idea up to 2 years after publicizing it.
      I never said anything about time so don't assume the scenario I presented happens within the 2-year window.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    2. Re:Not exactly by sharkb8 · · Score: 1

      1 year, not 2:
      35 CFR 102(b):
      A person shall be entitled to a patent unless--
      the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, or

    3. Re:Not exactly by Anonymous Coward · · Score: 0

      Take a pill, dipshit. The GP was merely informing us of the fact.

  27. MS vs Apple...vs.... by LuciferBlack · · Score: 0

    I hope Cthulhu gets into the mix. Because really as long as someone is gonna win a patent battle I want a *real* evil and not some half-assed evil. :)

    --
    I'm working on a good joke about your mom being /.'d, but it's not finished yet.
  28. tempest in a teapot by mstone · · Score: 3, Insightful

    The article from the Reg shows that this is probably a non-issue. AppleInsider makes all sorts of grand claims in its own article, but doesn't supply the facts to back them up.

    What's actually happening seems to be a fairly normal, even boring, patent registration process for a couple of ideas that look vaguely similar if you want to write a click-whoring article about them. It hardly counts as putting the iPod interface in 'jeopardy'.

  29. It is a big deal by Anonymous Coward · · Score: 0

    good for the consumer, it will force apple to stay on the cutting edge because their competition can easily copy their interface. competition = innovation = win for consumers

    Forced R&D spending due to lack of IP protection == higher product costs, which leads to a comptetive disadvantage to the company doing the "innovating" since they are effectively doing R&D for all the "copiers". Tell me again how this is a good model? Apple tried this with their great clone experiment way back when, and showed why it just does not work. How about the competition being forced to also innovate, which fosters competition, improved product (vs umpteen variations of the same one).

  30. Won't someone think of the corporations?! by Anonymous Coward · · Score: 4, Funny


    How will Apple ever make money on the iPod without patent protection?

    1. Re:Won't someone think of the corporations?! by Pecisk · · Score: 1

      I thought of modding this up as Insightful, seriously. This question pops up in my head all the time I hear words 'programming patents'. Seriously, get a grip, companies. 'Maximise on profit'? 'Protect your investment'? For hell what? You have product, you trademark it, copyright it, hell, you can use trademark and copyright laws to protect it.

      Apple makes money from selling iPods, period. Why the hell they need patent on it? For look? They already prooved that they can use trademark/copyright laws to shut down any copycat which will come near them. So what's the deal?

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  31. Apple? Buy a patent from Microsoft? by everphilski · · Score: 1

    Wow.

    -everphilski-

  32. Rack and Pinion by fozzmeister · · Score: 1

    The interface as not revolutionary at all, its just a standard Rack and Pinion adapted. This can (or could) be found on cars, as well as lock gates (which actually go up and down too) and probably in a million other places too

  33. Re:Prior Art (surely in the Top 10 /. subject line by plover · · Score: 1
    I liked this line describing the patent from El Reg: "rotating an input device to navigate in a linear fashion through a user interface"

    Did Sony not patent the scroll wheel on the Clie? Has Sony not used this on cell phones, too? Those devices were introduced in the 90s, not 2002 as Microsoft's prior art patent claims.

    --
    John
  34. Re:2 points - 1 reply by Nom+du+Keyboard · · Score: 1, Troll
    the iPod's most important features would be safe from litigation.

    Are you referring to the Apple logo?

    I know you can't be talking about the batteries.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  35. Big deal by Anonymous Coward · · Score: 0

    Oh no, the very future of the way people build little rotating wheels into small electronic devices may be at stake. Will everyone who wishes to do so have to pay a tithing to Apple? Will they have to pay a tithing to this other five-months-early guy? Will anyone who wants be able to build a little wheel that awkwardly scrolls through menus? Who knows?

    I just... I'm sorry. I just can't make myself care.

  36. Parent is funny, but its quite true... by hoka · · Score: 3, Informative

    Freshie year of college (not that long ago) I wrote a short research paper on tech patents. Included were statistics showing the influx of patents around the tech boom, and more importantly the acceptance rate of these patents. What you could clearly see is that the acceptance rate was very high, and it wasn't because everybody was innovative. It's because at the time, the patent examiners wern't as technical in the relevant field of the patents they were examining, but this hasn't really changed much up to today. Since patents are mostly written to be over-generalized on purpose, its hard to get a real idea of what the patent is trying to do, and therefore hard to come up with prior art or to determine whether it is innovative, non-obvious, etc. Not even the computer system upgrade and bringing in more patent examiners has appeared to help with the quality of the accepted patents, or the immense backlog of patents thats causing problems.

  37. 2000 by boatboy · · Score: 2, Funny

    Apple's iPod Interface Patent in Jeopardy
    I'll take Patents Gone Wild for $2000, Alex.

  38. Hush now by clambake · · Score: 1

    Don't worry sweetie, Apple is a big company with LOTS of money, they won't lose in court just because som silly legal code goes against them.

  39. Re:Prior Art (surely in the Top 10 /. subject line by PepeGSay · · Score: 3, Insightful

    Volume knobs anyone? Radio Tuners? Combo Locks? List goes on and on.... Linear progression represented on a wheel.

  40. Re:Prior Art (surely in the Top 10 /. subject line by BarryNorton · · Score: 1
    Has Sony not used [the scroll wheel] on cell phones, too?
    They certainly have, it was used on the old Nokia 7100s too (one of my favourite monochrome screen phones)... and they certainly had hierarchical menus. What's more, as we all know, phones and 'media players' have converged anyway, so what's the ('technical') difference?
  41. That's it... by RiotNrrd · · Score: 1

    I'm gonna go to the patent office RIGHT NOW and patent "Using computers to do stuff".

    Who's with me?

    1. Re:That's it... by Mechcozmo · · Score: 1
      I already have one that supersedes that... "Using an electronic device to perform actions"

      I also have one that patents, "Respiration involving Oxygen and Carbon Dioxide as well as other gasses deemed 'waste' by the object in question for the purpose of changing the concentration of Oxygen in a stream."

      All you people that aren't zombies, start paying up!

  42. Mea culpa by pauljlucas · · Score: 1

    Uhm... OK. My morning tea kicked in and I see your point. Sorry.

    --
    If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
  43. My two pence worth. by cheezemonkhai · · Score: 1

    - What on earth has the Platt patent application got to do with the iPods user interface.

    - There are plenty of examples or rotary dials controlling linear scales. My old walkman had one as do most older radios.

    Turn the wheel clockwise the line on scale goes up.
    Turn it anticlockwise the line on the scale goes down.

    How on earth is this new?
    I'm sorry but much as I like apple this really isn't anything new.

    1. Re:My two pence worth. by burnetd · · Score: 1

      Read the patent :-) Basically one of the patents claims is for the tree like structure of the menus. I know, pathetic.

    2. Re:My two pence worth. by cheezemonkhai · · Score: 1

      I read it and couldn't work it out.
      Thats pretty pathtic you're right.

      Oh well in other news :)

  44. Very Badly Titled by Nom+du+Keyboard · · Score: 4, Informative
    Apple's iPod Interface Patent in Jeopardy

    This is very badly titled. They don't have this patent yet. It's their application that's in possible jeopardy.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Very Badly Titled by Anonymous Coward · · Score: 0

      And you have a very poorly titled post subject. Boo woo.

  45. Patent Pursuit: The board game by denis-The-menace · · Score: 4, Funny

    Coming soon:
    Tagline: "patent or be sued!"

    Object: Patent everything you can and profit from the work of others.

    Method of play:

    -Everybody starts with venture capital of $100,000.
    -As you go around the board you collect cash (via sales cards), Patents (via patents cards) that you can buy if you want, and inventions (via inventions cards).

    -sales cards: gives you the option to sell a product if you have the invention card for it.

    -patents cards: You buy them If you want for $100. Any patents not bought are put into the "Public domain" pile. A player can only hold a patent card for up to 10 turns, after which they go the the "Public domain" pile. After you pay, you must spin the "Patent Pending" wheel. (NFR - Final Rejection - Approuved) Each time you do not get "Approuved" you pay a additional $100 and spin again. If you are broke or don't want to spin, the Patent card goes to the "Public domain" pile.

    -invention cards: Are free when you land on the square on the board. If the "invention" is already patented by another player, that other player CAN sue for the cost of the patent. The patent owner can also not reveal that he/she hold that patent cards for up to 10 turns. The player with the patent card can, at the time of his choosing, sue the player with the Invention card for twice the "Sales" that player has received.

    Note#1: If a patent card is bought and another player already has the "Invention card", each place $10000 in a pile and each spin their own USPTO wheel (Patent Wins - Invention wins -settlement). Both wheels must match. If not, each player adds another $5000 to the pile, and spin again. This can continue until one or both players run out of money. If Settlement is the outcome, the pot is split between players.

    Note#2: On a whim a player can sue another player for "patent infringement". Same rules as Note #1. (Notice that no cards are used. Like in real life, the player who has the most money is likely to win)
    Final Rejection

    Patent pending, copyrighted, "Patent Pursuit" is a registed trade mark of denis-The-menace of Slashdot.

    --
    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
    1. Re:Patent Pursuit: The board game by Prophet+of+Nixon · · Score: 1

      I like it, but it needs some sort of markers or organization system for a) marking how many turns a patent has been held for and b) indicating which sales are attributed to which invention.

      Would inventions actually be tied to static board squares (like properties in Monopoly) or would the board squares only indicate a draw from a specific pile? Also, would it be possible for more than one player to claim a patent on the same invention, and would there be a dispute method for that? Perhaps that could be the condition to sue for "patent infringement"... player A has a patent, player B tries to patent it, and gets it (via the "Patent Pending" wheel), then player A and B have to sue to see who keeps it.

      Also, is there any means for more money to enter the system, or is the economy limited to players*$100,000? How exactly does the game end? If only 1 patent was allowed per invention, it could end when all patents become public domain (and be scored on final money), or it could end when all but 1 player is bankrupt (like monopoly).

    2. Re:Patent Pursuit: The board game by Anonymous Coward · · Score: 0

      My prediction: Your patent on this game will be rejected for obviousness and prior art.

    3. Re:Patent Pursuit: The board game by denis-The-menace · · Score: 1

      I thought of the tracking issue too.
      The only way this would be viable is if it was done one the computer or that the board itself has a computer.

      As for the source of money, I thought the money would come from the bank since none of the player actually buy REAL stuff. (Just like in IP)

      I could add that you collect $1000 or $10000 everytime you pass GRAB (as in Grab the Employees' pension fund)

      I could also add Luck Cards:
      -The politician you purchased has instructed their office to make you their preferred supplier. Collect $25,000 for the next 5 times you pass GRAB
      -You sucessfully sue a competitor using DMCA, collect $75,000.
      -The politician you purchased has created a law to protect your profits. collect $10,000 from each player and $50,000.
      -You spun off a part of you corporation with an IPO. Collect $50,000
      -MS has decided to hire your top engineer from you crippling your company. Pay the player to your left $50,000.
      -MS has decided to give away a product similar to yours, pay the player to your right $50,000.
      -MS has assimilated your company. Place a Laser pen on your ear *for the rest of the game* and collect $75,000. If the laser pen fall out during the game, give each player $25,000.

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  46. John Platt is Going To Be Rich by xelph · · Score: 1

    Looks like the patent is not assigned to a company so it must be entirely his. Now he just has to start the bidding war for assignment between Apple, Microsoft, and various other MP3 player makers.

  47. There is Prior Art by Anonymous Coward · · Score: 0

    Even if the Microsoft patent did not exist, Apple's application should be rejected on prior art alone. All Apple appears to be wanting to do is to patent the "jog dial." Something that has appeared on countless electronic devices long before Apple ever dreamed up the iPod.

    I have seen jog dials on at least: Electronics testing hardware, VCRs, remote controls and many others. Putting one on a portable media player is hardly worthy of a patent. Here's one example in a Sony PictureBook reviewed in the year 2000 (http://it.asia1.com.sg/reviews/port/por001_200006 14.html). To quote an excerpt from the linked article, "I love the jog-dial button. It is unbelievably useful, letting one scroll, access menus, launch applications, click on selections and zoom into windows by just turning and pushing the knob." I am sure I have seen jog dials even earlier than that. So exactly what is Apple trying to patent?

    1. Re:There is Prior Art by Jeremy+Erwin · · Score: 1

      Sony VCRs used to quite distinctive. They had (perhaps they still do) a big jog dial that one could use to quickly find a video frame-- turn it slightly to the right, and it steps through the video frame by frame. Turn it farther to the right, and it fast forwards the tape, with speed dependent on how far one had turned it.

      It looks really quite similar to the ipod wheel.

      But it looks as though sony changed the design for its laptops.

      The jog dial is now a cylinder, with an access of rotation parallel (rather than perpendicular) to the front panel.

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

      I loved that feature on the VCR. I wish I still had that thing, haven't seen something like it since...

    3. Re:There is Prior Art by Jeremy+Erwin · · Score: 1

      Sony still makes VCRs with the jog dial. However, Sony's quality has suffered in recent years.

      It hasn't made its way into DVD players as including it would require a relatively thick chassis.

  48. In realy life, there is a saying... by Ga_101 · · Score: 1

    The only thing worse than a bad referee is an inconsistent one.

  49. I'm confused... by daVinci1980 · · Score: 1

    Are we happy because a big company didn't get a patent for something obvious, or mad because Apple is being jerked around by Microsoft?

    My head is gonna asplode.

    --
    I currently have no clever signature witicism to add here.
    1. Re:I'm confused... by muuh-gnu · · Score: 1

      We are mad because some jerk tries to make it difficult for Apple to patent 50yr old concepts.

  50. Patent a cd-burner on a cell-phone, quick! by ingo23 · · Score: 1

    1. Take an app that has not been used on a portable device.
    2. Patent the non-obvious and innovative solution.
    3. ....
    4. Profit!

    1. Re:Patent a cd-burner on a cell-phone, quick! by ivan256 · · Score: 1

      Patent a cd-burner on a cell-phone, quick!

      Even when you're being a cynic about it, the trick is to pick something that will sell. Otherwise you wasted your legal fees and application fees on something nobody will ever use.

      If it's something interesting to do in a portable fashion, I'll bet you somebody already did what you suggest and you can't be quick enough.

    2. Re:Patent a cd-burner on a cell-phone, quick! by ivan256 · · Score: 1

      BTW, the "...." in your particular plan is "file a law suit."

  51. I've had this great idea for a way to stifle... by exp(pi*sqrt(163)) · · Score: 3, Insightful

    ...innovation. The idea is that you give inventors a monopoly over their inventions that lasts longer than the life cycle of the invention. The result is that every company that innovates will eventually have a monopoly on every little thing they invent and eventually we'll reach a point where nobody else can invent anything for fear of infringing on someone else's monopoly. I think I will call this invention "The Patent".

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    1. Re:I've had this great idea for a way to stifle... by Anonymous Coward · · Score: 0

      ...innovation. The idea is that let inventors spend boat loads of money inventing something new then make it totally leagal for some company to take that invention and market it for cheap (they don't have to recoup the costs of the R&D that went into the invention). Soon no one will invent anything, they'll wait for someone else to do it and steal it! I think I will call this invention "The Problem With Fanatics."

      Find a middle ground, there are valid reasons for patents and there is patent abuse. Something about the baby and the bathwater.

    2. Re:I've had this great idea for a way to stifle... by exp(pi*sqrt(163)) · · Score: 1

      I wonder how much R&D went into designing a circular user interface. Maybe they had to set up a number of labs each with a bunch of researchers. There would have been the lab for the triangular user interface, one for the square one and maybe one for the pentagonal one, as well as one for the circular one. I suppose each lab would have spent millions on fabricating protoype iPods using each shape and then spent many hours using each one to decide which one was best. Yup, I can see now why they might need to recoup their costs.

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  52. Apple's iPod Interface Patent in Jeopardy by muuh-gnu · · Score: 2

    Oh NO!

    It cant be true! Please somebody, do something! A patent application is at stake!

    If Apple cannot patent this, although it has been known and used for approx. 50 years now, they will be _SHAMELESSLY_ ripped off! Other companies will use the same 50yr old wheel interface and put out even remotely similar products that will _HARM_ Apples hegemony and glory.

    They _HAVE_ to be rewarded for their revolutionary invention. Even if it was invented before. But _no one_ came up with an great product as the iPod. A company that manages to produce something revolutionary as the iPod has to be protected. They have the absolute right to disallow everybody else the usage of everything they want to. This protection is absolutely _necessary_, even if it is not based on any lagal concept. The invention machine that is Apple _HAS_ to be protected by any means, as much as possible.

    What is good for Apple, is good for _US_. So competition for Apple is _HARMING_ us! Think about it.

    1. Re:Apple's iPod Interface Patent in Jeopardy by 99BottlesOfBeerInMyF · · Score: 1

      If Apple cannot patent this, although it has been known and used for approx. 50 years now, they will be _SHAMELESSLY_ ripped off!

      Show me the previous art!

      No really, show me a trackpad shaped like a doughnut and with accompanying software and display so that it can be used to navigate a hierarchically ordered list? It's entirely possible someone else did this (not likely 50 years ago). I've never seen credible evidence though.

      The invention machine that is Apple _HAS_ to be protected by any means, as much as possible.

      Sarcasm aside do you actually think patents are not beneficial? I know the current patent system is pretty messed up, especially with look-and-feel, business process, and software patents but this is a traditional, real-world patent we're talking about. Like it or not, without Apple computer hardware would be years behind where it is today. So many of the hardware used on all computers was first included by Apple and proven successful by them many years before being adopted by the rest of the market. If Apple or other major companies gain no benefit from spending millions on R&D do you think they will keep doing it? We'd end up with a bunch of companies like Dell who invent nothing and who stay profitable by buying and selling the cheapest components in the largest quantities.

      The system as set up says if you invest a lot of money and come up with something new, then you can have exclusive rights to it for 7 years. What has happened is someone is using paperwork submitted some time after the introduction of the ipod (and rejected multiple times) to claim a feature of that invention is already patented by them. Gee I'm sure Microsoft researchers would never abuse the system in a dishonest way. I'm sure MS would never try to engage Apple in an expensive legal battle in order to try to hurt them. Get a clue.

  53. April fools! by Free_Trial_Thinking · · Score: 1

    Patents can't be rejected, silly rabbit.

  54. Fuck patents. by DroopyStonx · · Score: 1

    This shit is ridiculous.

    Nothing but insuring that greedy assholes get money before other people.

    Take a look at what happened w/ Doom 3 and "Carmack's Reverse" - the fucking thing was already patented by some douchebags from Creative when Carmack discovered it on his own.

    Now he's obligated to compensate them in some way.

    What a bunch of bullshit - the patent system needs some type of overhaul or a "common sense" monitoring system to prevent this shit.

    --
    We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
  55. nuff with the patents by bmgz · · Score: 3, Funny

    FOR FSCKS SAKES! Can't one kick their leg out without connecting with someones nuts??? Enough with patents!!! *Oh wait Apple is a giant company* - fsck them.

  56. Obligitory response... by Anonymous Coward · · Score: 0

    Suck it, Trebek!!

    1. Re:Obligitory response... by randm.ca · · Score: 1

      I laughed so hard when I read that! I sure do miss those old skits.

    2. Re:Obligitory response... by NetRAVEN5000 · · Score: 1

      "Mr. Reynolds has apparently changed his name to Turd Ferguson."

  57. RE:Oblig. Nelson by Anonymous Coward · · Score: 0



    HA HA!

  58. Someday.. by Renraku · · Score: 1

    Someday a company will try to patent something truly innovative, and be denied. The following week, someone from a larger company with more money will patent the same idea. Not just the same idea, but a copy/pasted version of the original submission.

    The company that lost the patent might be slightly mentally unstable, and totally blast the bigger company into the ground with explosives, mercenaries, gang fights, etc. And when its all said and done, we'll know who's fault it was.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  59. I am currently working at Microsoft by Anonymous Coward · · Score: 0

    Microsoft owns this. John Platt who works at Microsoft had to sign a contract that would give all I.P. to Microsoft

  60. Apple's Obvious iPod GUI by Anonymous Coward · · Score: 0

    How can Apple even patent this UI? Seems like pretty basic navigation of a pretty basic file tree, using metadata.

  61. Don't go thinking they invented it. by Anonymous Coward · · Score: 0

    This guy did.

    As usual, someone else does all the hard work, and Microsoft uses marketing to take all the credit.

  62. patents are such bs. by thundar2000 · · Score: 1

    "1. A method of assisting user interaction with a multimedia asset player by way of a hierarchically ordered user interface, comprising: displaying a first order user interface having a first list of user selectable items; receiving a user selection of one of the user selectable items; and automatically transitioning to and displaying a second order user interface based upon the user selection. "

    I think the more you make it seem like you are actually describing something new, the more likely you'll get the patent.

    I should patent drinking milk.

    "1. A method of assisting user interaction with a milk by way of a hierarchically ordered user interface, comprising: displaying a first order user interface having a first list of user selectable items; receiving a user selection of one of the user selectable items; and automatically transitioning to and displaying a second order user interface based upon the user selection. And then drinking it."

  63. Security Word by TimeTraveler1884 · · Score: 1
    off topic, i've had the same "security word" within a few days. is this intentional or detrimental?
    Have you ruled out conincidental?
  64. Seen this Before by Anonymous Coward · · Score: 0

    Either Deja Vu or Psychic Influence. But this is old news

  65. A patent application was denied due to prior art?? by yeremein · · Score: 1

    Wow! That is news!

  66. Ha Ha Guy by guinsu · · Score: 2, Funny

    This would be a great spot to insert that "Ha Ha" Quaker guy from Fark.

  67. after amazon by akhomerun · · Score: 0

    if amazon can patent clicking on a button to order things i don't see how the patent office could reject this one.

    in fact, with the types of patents amazon gets i don't see how ANY patents are rejected

  68. Re:Prior Art (surely in the Top 10 /. subject line by Anonymous Coward · · Score: 0
    Platt's claim 1 method comprises:
    a. displaying a first order user interface having a first list of user selectable items;
    b. receiving a user selection of one of the user selectable items; and
    c. automatically transitioning to and displaying a second order user interface based upon the user selection.

    Surely there is significant prior art on that method.

  69. Patents: What goes around, comes around. by foolish_to_be_here · · Score: 1

    All I can say is, "oh well"!

    --
    Please mod me 1 or troll. It's where the truth is these days, even on Slashdot. Beware the power of moderators everywh
  70. Patents evil, unless from Apple by Anonymous Coward · · Score: 0

    Remember young slashdotters.
    Patents are evil, unless submitted by Apple!

  71. This is old news. by gaudior · · Score: 1

    This has already been dealt with on Digg.

  72. Nobody else seems to be doing it by jfengel · · Score: 1

    Many, many people seem to think that the iPod has a superior interface to other players. And you'll note that iPod is far outselling all other players.

    I don't know why other companies aren't producing an identical interface, or God forbid putting in some thought into a superior one. But if it's the patent protection that's keeping Apple's interface out of other companies' hands, you betcha Apple will lose money without it.

  73. John Platt works for MS by ehaggis · · Score: 1
    --
    One ring to bind them - should probably have more fiber and less rings in their diet.
  74. good by maxpublic · · Score: 1

    It's nice to see that the patent office actually rejects some claims from time to time. Although I'm willing to bet more than a few Apple fanboys will cry "foul!" because their beloved company didn't get it's way this time.

    Max

    --
    My god carries a hammer. Your god died nailed to a tree. Any questions?
  75. It is not new by genka · · Score: 1

    I have a Sony telephone from mid 90s, which has a wheel for scrolling through phonebook or caller IDs with a "select" button in a center. Very sismilar to 1G iPod, lacks only buttons around the wheel.

  76. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  77. Apple needs to... by Anonymous Coward · · Score: 0
  78. Re:Prior Art (surely in the Top 10 /. subject line by zyzko · · Score: 1

    Sony has used a "scroll wheel" type selection in MiniDisc players in the late 90s - take a look for an example at the MZ-R30 - I used to own this. The wheel works just like in the later Sony models (including SonyEricsson cell phones).

    http:///http://www.minidisc.org/r30_review.html>

  79. I'm quivering by samuel4242 · · Score: 1

    Apple's iPod Interface Patent in Jeopardy

    Oh no!!!! Scramble the jets. Alert the minute men. Something must be done to save the patent!!!!!

  80. iPod interface almost = to iTunes interface by willy_me · · Score: 2, Interesting
    Some guy and Apple both independently created this "interface."

    Correct me if I'm wrong, but isn't the iPod interface just a refined and slightly extended version of the iTunes interface? It seems to me that Apple purposely designed the iPod interface to resemble iTunes so users would have a seamless user experience when going between the two interfaces. Apple released iTunes sometime in 1999 so it's likely that both patent applications were inspired by iTunes. Is implementing an existing interface on an embedded device really that new?

    1. Re:iPod interface almost = to iTunes interface by mollymoo · · Score: 1
      Correct me if I'm wrong, but isn't the iPod interface just a refined and slightly extended version of the iTunes interface?

      I just fired up iTunes and tried swizzling my finger round below the screen. Nothing happened.

      The interface on the iPod isn't just the software, it's the hardware too - the clickwheel, screen and buttons.

      --
      Chernobyl 'not a wildlife haven' - BBC News
  81. MAG Innovision by Chagrin · · Score: 1

    MAG Technology used an identical device on their CRT monitors. Just one big wheel at the bottom of the bezel that would be pressed (to select) and spun to scroll through the menus. Seems like they've had these for a godawful long time -- 1997 or earlier?

    Excellent interface, by the way.

    --

    I/O Error G-17: Aborting Installation

  82. Anybody remember "jog and shuttle"? by RapmasterT · · Score: 1
    Some guy and Apple both independently created this "interface." They both did the R&D, they both would have done so regardless of whether patent laws existed, but one, at the end of this, is going to get a monopoly on producing stuff with this technology
    funny that they both did the R&D and came up with a menu interface that has already existed for 20+ years.

    VCR's and video editing equipment have used the "jog and shuttle" wheel to control things for decades. I have a Mitsubishi vcr at home that shockingly uses the shuttle wheel to (gasp) traverse the setup menus.

    The only thing new here is the application on a portable MP3 player. If that qualifies for a patent, then great. take any two existing things and put them together, you got yourself more patents than you can shake a stick at.

  83. I got your prior art right here by Anonymous Coward · · Score: 0


    if the editors can dupe so can you right ?

    1. Re:I got your prior art right here by denis-The-menace · · Score: 1

      Why not. I own the prior art.
      Damn, I just invalidated my own patent!
      Maybe if I sue anybody that reads this...

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  84. Stupid patents by nutshell42 · · Score: 1
    From the Register:

    Apple's application, assigned to iTunes engineer Jeffrey Robbins, Apple CEO Steve Jobs and VP of marketing Phil Schiller, was made on September 26 2002, and describes rotating an input device to navigate in a linear fashion through a user interface. "Although the type of computing device can vary, the improved approaches are particularly well-suited for use with a portable media player," according to the filing.

    Now replace 2002 with 1902 and you have a description for the way we've tuned our radios for the last 100 years.

    --
    Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
  85. Software patents by Anonymous Coward · · Score: 0

    Software patents are cancers that attach themselves in an intellectual
    property sense to everything they touch.

    Oooops, am I not Steve (bouncing-)Ballmer and we're not talking about Linux?
    Who cares? This is the truth.

  86. It's the hardware by Morky · · Score: 1

    The scrollwheel is the iPod, not the software. The physical interface to the iPod is what makes it compelling.

  87. What is so new about rotational input? by InvalidError · · Score: 1

    My parents once had a game device called "Multiscore" (I think). The device had two "game pads" with one knob which people rotated to move their on-screen paddle. That was 20+ years ago.

    My mom also owned a radio clock whose time could be set by rotating the adjustment knob some 10+ years ago, probably the most intuitive clock I have ever reset the time on and the only digital clock I know of that ever allowed "scrolling" backwards when adjusting time.

    As far as I am concerned, the scroll wheel that appeared on mice 5+ years ago should also qualify as rotational input... and so would my Logitech Trackman Marble.

    Scrolling is an universal concept and a rotating input device is an obviously intuitive way of doing it and should not be patentable even by M$.

  88. thats the problem with software patents... by inspector_grim · · Score: 1

    there is no winner... its exactly like tic tac toe: all the IT companies seem to have patent farming in place of the old R&D expenditure. I've been told you grab as many idiotic patents you can: not to take them to court but to use them against other patents... its getting silly and should stop! This has to be coming to some kind of head.

  89. Software patents again? by Anonymous Coward · · Score: 0

    Some software should be patentable... some shouldn't.

    An easy example is if an inventor figures out a new way to compress data that's better than today's best by a big margin. That inventor is entitled to protection.

    Cool user interfaces, nifty processes? Nah... that's really just developers and analysts doing thier job.

    Pure "computer science" algorithms should be entitled to protection.

  90. no, they aren't - don't be obtuse by Scudsucker · · Score: 1

    Stick out your thumb and forefinger and pretend you're changing a dial on a radio. Unless you're missing a finger, you're going to lightly grab the knob, turn it, release your grip, grab the knob again, turn it, and so on.

    Whereas you can move the clickwheel in a single continious motion with a single finger. And, manipulate the rest of the controls with the same finger without moving your hand. And use it to quickly navigate menus and folders - good luck doing that with a radio dial. The only thing these two have in common is that they are both round, but then, so are a lot of things.

    Oh wait, if you put "e", "i", before it or "computer/Network/Internet" after it - something invented 50+ years ago it is suddenly NEW! Welcome to the new iMillenium!

    I'm surprised you aren't all for this patent, considering how overly impressed you are with your own cleverness.

  91. its insanity! by SQLz · · Score: 1

    The devils balls just froze solid, the patent office denied something due to prior art.

  92. Remember sequencers ? by Algorithm+wrangler · · Score: 1

    Pre-PC age musicians used sequencers to record music. Nearly all of these had a scroll wheel to scroll through menus, notes, disk contents etc. Hardly new or obvious in any way.

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    -._''_.-
  93. Ubtuse? No, Ironic! by Confessed+Geek · · Score: 1

    Whereas you can move the clickwheel in a single continious motion with a single finger. And, manipulate the rest of the controls with the same finger without moving your hand. And use it to quickly navigate menus and folders - good luck doing that with a radio dial. The only thing these two have in common is that they are both round, but then, so are a lot of things.

    By Golly Your RIGHT! So I guess we can only go back to say the 70's when someone invented a tuner knob with a Dimple on it where you could put your one finger and do loops and press the same knob to turn things on and off... or maybe power steering? Using 10 year old technology I can put the palm of my hand on the wheel and rotate it in multiple circles while hitting the turn signals on the way around , simultaneously shifting gears or fiddling with the CD player (all controlled from "steering" wheel).

    BTW, Irony and Sarcasam are NOT patented (yet) so feel free to apply them to any part of this or my previous post.

    The point of patents is to provide an incentive for people to invent AND release the knowledge to the world for the common good. They are for physical inventions that can be demonstrated to work. They are not for trivial trivets that are only going to be used in market manipulation for the common bad.

    I'm not against patents, I'm against stupid patents, Software patents, vaporware patents, patent-so-I-can-litigate patents, buisness model patents, flying-in-the-face-of prior-art patents and sleeper patents. If it is a true "invention" that needs protection, a patent is a good thing. If its solely a method of stopping others from inventing/developing/competing its not in the common good and should not be granted.

  94. Software is qualitatively different from hardware by gidds · · Score: 1
    Why should the inventor who chooses to make his life easier by using software to make a portable music player not receive the same protections as the all-hardware inventor?

    Because developing and producing a hardware player takes significant investment: masses of design, manufacturing, distribution, &c. The large companies would have a huge advantage over a lone inventor, and it's that advantage which patents are intended to prevent. In that sort of situation, they're arguably a Good Thing(tm).

    However, developing and producing a software player is orders of magnitude easier. Development might only take a few people, or even just one; production is trivial, and distribution might only need a web server. Here the playing field is much more level, and so the inventor doesn't need that sort of protection in order to compete fairly. Software patents aren't needed, and do much less to help the small business, lone inventor, or open source group -- in fact, due to patent hoarding &c, they're a definite hindrance.

    Difference clear?

    (And that's before we even get into the argument about patenting the blindingly obvious and completely un-original, which other posts mention.)

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    Ceterum censeo subscriptionem esse delendam.

  95. Re:Software is qualitatively different from hardwa by pauljlucas · · Score: 1
    Development might only take a few people, or even just one; production is trivial, and distribution might only need a web server.
    It usually only takes a few hardware enginneers to develop something in hardware. As for distribution, no, you can't just use a web server because I'm specifically talking about the case of a hardware player like the iPod that uses software to implement it's UI rather than an all-hardware player with no software whatsoever.
    --
    If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.