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Company Claims Patent Over XML

Aviran Mordo writes "News.com reports that a small software developer plans to seek royalties from companies that use XML, the latest example of patent claims embroiling the tech industry. Charlotte, N.C-based Scientigo owns two patents (No. 5,842,213 and No. 6,393,426) covering the transfer of 'data in neutral forms.' These patents, one of which was applied for in 1997, are infringed upon by the data-formatting standard XML, Scientigo executives assert."

421 comments

  1. One word - EDIFACT by pieterh · · Score: 5, Informative

    http://www.google.com/search?hl=en&q=define+edifac t&btnG=Google+Search

    Significantly older than 1997, and achieved the same goals as XML, though much less elegantly.

    1. Re:One word - EDIFACT by Uruk · · Score: 5, Informative
      I don't see how this guy's got a case anyway. From his patent statement:

      The present invention simplifies the data modeling process and enables its full dynamic versioning by employing a non-hierarchical non-integrated structure to the organization of information.


      That seems to seal it - he's disclaiming heirarchical data structures isn't he? Wouldn't it be fair to say that if anything, XML is a hierarchical data structure?

      <I>
          <always>
                <thought>
                      <so></so>
                </thought>
          </always>
      </I>
      --
      -- Truth goes out the door when rumor comes innuendo. -- Groucho Marx
    2. Re:One word - EDIFACT by Anonymous Coward · · Score: 0
      Why do people keep claiming Al Gore invented the Internet? Get a life damit

      http://www.snopes.com/quotes/internet.asp

    3. Re:One word - EDIFACT by micromuncher · · Score: 1

      Text based content models? HTML? PDXI and other industry open, text based data structures? Tons and tonts of prior art.

      --
      /\/\icro/\/\uncher
    4. Re:One word - EDIFACT by drpimp · · Score: 0

      Troll troll troll..... all day long. Funny how mods throw "troll" around so easily when sarcasim isn't completely obvious.

      --
      -- Brought to you by Carl's JR
    5. Re:One word - EDIFACT by Anonymous Coward · · Score: 0

      Indeed. This was my first though when reading the patents.

      There's no way these people will get away with this. I think their lawyers just didn't have a real grasp on XML when they made this decision.

    6. Re:One word - EDIFACT by MadMorf · · Score: 3, Interesting

      non-hierarchical non-integrated structure

      Heck, that sounds like a CSV formatted file...

      I hope he doesn't think he invented THAT...!

    7. Re:One word - EDIFACT by Pxtl · · Score: 2, Funny

      Am I the only one who, despite detesting such frivolous patent assaults, knowing full well that this one's full of crap, and working at a company that could stand to lose money over this, really hopes he gets away with it anyways? /hates XML

    8. Re:One word - EDIFACT by dilettante · · Score: 1

      One other word: binary. Seems like a pretty "neutral data transfer" method to me :-)

    9. Re:One word - EDIFACT by Anonymous Coward · · Score: 0

      There's nothing in the claims about " non-hierarchical non-integrated structure ". The reference to it in the *specification* is a red herring.

      Unless it's in the claims, it's a non-issue.

    10. Re:One word - EDIFACT by ad0gg · · Score: 2, Informative

      Their patent is really on CSV files. If you read the description, you can see they are patenting storing datasets and used excel as example. Excel can ouput CSVs for neutral application portability.

      --

      Have you ever been to a turkish prison?

    11. Re:One word - EDIFACT by Lehk228 · · Score: 1

      how the fuck can they patent

      fstream outfile
      outfile.open(filename.c_str(),ios::out)
      for(int n=0;n< data.length();n++)
      {
        outfile<<data[n]<<','
      }

      --
      Snowden and Manning are heroes.
    12. Re:One word - EDIFACT by Anonymous Coward · · Score: 0

      We are now arriving at the point. Please fasten your eatbelts and prepare for anding.

    13. Re:One word - EDIFACT by bcarl314 · · Score: 2, Funny

      You're right! In fact, if anything I'd say Microsoft has been infringing for years with their idiotic .ini files!

      Seriously, those lack structure AND heirarchy!

    14. Re:One word - EDIFACT by Cobralisk · · Score: 1, Offtopic

      My father would womanize, he would drink, he would make outrageous claims like he invented the question mark.

      --
      Waiting for ad.doubleclick.net...
    15. Re:One word - EDIFACT by Nataku564 · · Score: 2, Informative

      A correct CSV file must ensure that

      1. If there are commas in a field, it must be surrounded by double quotes.
      2. If there are double quotes in a double quoted field, they must be escaped with a second double quote.

      Like so

      "95,123",100,"Test ""data"" in here",I was bored

      The number of data providers in this world who have no clue how to produce a proper CSV is staggering.

    16. Re:One word - EDIFACT by Frank+T.+Lofaro+Jr. · · Score: 1

      Is his name Jim Bezos?

      --
      Just because it CAN be done, doesn't mean it should!
    17. Re:One word - EDIFACT by Frank+T.+Lofaro+Jr. · · Score: 2, Informative

      Someone patented RLE (run length encoding).

      i.e., a string of X repeated Y times is represented as XY, e.g.

      11144333529999998777222222222

      is represented as

      134233512196817329

      Nifty, and useful for compressing something with a lot of serial redundancy (like PPM files, anything will help those!), but patent worthy?

      The US gov't thought so.

      --
      Just because it CAN be done, doesn't mean it should!
    18. Re:One word - EDIFACT by Deflatamouse! · · Score: 1

      "95,123",100,"Test ""data"" in here",I was bored

      The 3rd field didn't need to be double quoted in the first place because there are no commas.

      Maybe this example demonstrates all the rules in action properly:
      "95,123",100,Test "data" in here,"I, was ""bored"""

    19. Re:One word - EDIFACT by Anonymous Coward · · Score: 0
      The number of data providers in this world who have no clue how to produce a proper CSV is staggering.

      Indeed. For some fun: See how many csv export/import systems you can disrupt with the entry 3,5" diskettes. The worst of them chokes even on importing their own exports.

      Some will think the number of fields changed due to the comma. Others will try to use quotes to protect it, but fail due to the embedded quote.

  2. Patenting Patents by bldp · · Score: 5, Funny

    Somebody should patent the patent process. Quite possibly the only way to screw it up more.

    1. Re:Patenting Patents by psst · · Score: 5, Funny

      I have seen this comment posted in every article related to patent abuse. In fact, I am thinking of patenting the idea of patenting the patent process, just so it never comes up on slashdot again. Of course, at some point someone would take it even further and patent patenting my idea, and the someone else ... blah blah blah ... I think you get the idea =)

    2. Re:Patenting Patents by trip23 · · Score: 1

      Somebody should patent the patent process. Quite possibly the only way to screw it up more.

      The patent office already patented the process.

    3. Re:Patenting Patents by bldp · · Score: 5, Funny

      We'll just create Godwin's rule of Patent threads.

      As an online discussion about patents grows longer, the probability someone saying "I'll just patent the patent process" approaches 1.

    4. Re:Patenting Patents by thuh+Freak · · Score: 1, Informative

      someone should patent using teh same fucking joke everytime a patent story comes up. or maybe patent the mod process that keeps rewarding people like you.

      --
      I wish that I was a catfish.
    5. Re:Patenting Patents by rpresser · · Score: 4, Funny

      What a Nazi-like thing to say!

    6. Re:Patenting Patents by Anonymous Coward · · Score: 0

      In Soviet Russia teh patent office patents you?

      sorry.

    7. Re:Patenting Patents by shawn(at)fsu · · Score: 2, Funny

      for some reason this thread reminded me of Futurama
      Don't quote regulations to me, I was on the commitee of the board to discuss the colour of the book the regulations were in! We kept it grey.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    8. Re:Patenting Patents by pyrote · · Score: 1

      I would like to patent the method of random thought, thus enabling me to patent everything as a result of 'Guided' Random thought.

      The wheel.. mine. I can prove it too. Random thought some time in the future will allow humans to travel back through time exposing our ancestors to the concept of the wheel.

      I also Patent the more directed method of making money off of such claims in suing everyone who does anything. Please make it easier on yourself and just pay up... we don't want this to get out of hand (one of my ideas I may add). I invented the Judiciary process so you can't win... also a process I invented.

      Cheesy Poofs.. mine too.

      --
      THE WORLD IS GOING TO END!!!! eventually.
    9. Re:Patenting Patents by dolphinling · · Score: 1

      Here's an idea: patent the process of failing to get a patent approved. Then give a royalty-free, non-revocable license to use it to everyone except, say, your friend John. It's now illegal for him to not get patents approved, so he sends in anything he can think of and it gets fast-tracked on through. Instant money. ...Yeah, it wouldn't work. But it could probably be adapted to work. Any ideas?

      --
      There are 11 types of people in the world: those who can count in binary, and those who can't.
    10. Re:Patenting Patents by Anonymous Coward · · Score: 0

      The Oracle takes offense at your pejoritive use of the term Nazi in this context and sentances you to responding to 100 customer support issues dealing with 'Clippy'.

    11. Re:Patenting Patents by QuasiDon · · Score: 1

      Um, that's 10 types of people, not 11 types of people. :)

    12. Re:Patenting Patents by CastrTroy · · Score: 1

      I wonder if slashdot could patent the moderation system. Despite its flaws, and the fact that we always complain about it, it works out as a pretty good way of getting rid of the crap on internet message boards. Have you read any of the posts on non-moderated boards? They are pretty scary sometimes. With slashdot, at least people don't bother posting crap because they know they'll get modded to -1, or the end up getting modded to -1 if they do post crap, and nobody has to see it.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    13. Re:Patenting Patents by Anonymous Coward · · Score: 0

      I not only get the idea, I patent the idea.

    14. Re:Patenting Patents by jZnat · · Score: 1

      Those who understand binary, those who don't, and those who think only in binary when "11" could be in base-1 using the symbol "1" as the counter.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    15. Re:Patenting Patents by The+Monster · · Score: 1
      It looks like you're trying to post something funny on Slashdot. Would you like to include...
      • A Soviet Russia reference
      • Beowulf Cluster
      • Natalie Portman Grits
      • All your ${topic:-Base} are belong to us
      • Underpants Gnome Business Plan:
        1. ${topic:-Bad Business Move}
        2. ???
        3. Profit!
      • ...You insensitive clod!
      • I, for one, welcome our ${topic} overlords.
      • Calculate degrees of Kevin Bacon
      • Make fun of Microsoft
        • Operating System
        • Office
        • Bob
      • You have no honor. I should kill you where you stand!
      • You keep using that word. I do not thin' it means what you thin' it means.
      • D'oh!
      • BSD is dying.
      [sentences] Would you like to check spelling of the rest of the document?
      --

      [100% ISO 646 Compliant]
      SVM, ERGO MONSTRO.

    16. Re:Patenting Patents by Omnieiunium · · Score: 1

      In soviet russia, all your microsoft beowulf kevin portmans overlords are belonging to us! You insensitive clod!
      ...
      Profit!

    17. Re:Patenting Patents by Tablizer · · Score: 1

      I have seen this comment posted in every article related to patent abuse.

      Patent redundancy of repeating patents via a patent.

    18. Re:Patenting Patents by Decker-Mage · · Score: 1

      And I thought it was just me that noticed the patterns. You could almost perl-script many of the postings {sigh}.

      --
      "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
    19. Re:Patenting Patents by Decker-Mage · · Score: 1

      Well, if you modified that to a numerically based moderation system you (and Slashdot) might have something. Moderation is mucho prior art both in the newsgroups and, from my experience, on CompuServe where I was a SysOp and librarian for almost two decades.

      --
      "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
    20. Re:Patenting Patents by drxenos · · Score: 1

      Nice!

      --


      Anonymous Cowards suck.
  3. No wonder you guys are so crazy about patents by Anonymous Coward · · Score: 5, Funny

    if only i could patent the first post, but another anonymous coward would probably claim prior art.

    1. Re:No wonder you guys are so crazy about patents by Anonymous Coward · · Score: 0

      You could still patent failing it.

  4. SGML? by slavemowgli · · Score: 4, Informative

    But XML is essentially just a stricter version of SGML, which was developed in the 1960s already. Certainly that is prior art?

    --
    quidquid latine dictum sit altum videtur.
    1. Re:SGML? by julesh · · Score: 2, Informative

      While technologically XML is a descendent of SGML, it's used for a substantially different goal: SGML is intended for markup of documents, XML is intended for rendering non-document structured data in a way that allows it to be processed independently of its data type.

      As these patents are very clearly about data, not documents, I don't think SGML is a valid antecedent.

      That doesn't mean there aren't any. ASN.1 or S-Exprs spring to mind as candidates.

    2. Re:SGML? by slavemowgli · · Score: 2, Informative

      Oh, and to the idiot who modded this redundant, if you compare the comment ids, you'll notice that I was actually the first to point this out. Sheesh, if you have to mod down at all, at least mod down the *later* posts, idiot.

      --
      quidquid latine dictum sit altum videtur.
    3. Re:SGML? by Anonymous Coward · · Score: 0

      I am not the person who modded you down. However, in his/her defense, everything in your original post was stated in the first page of the article. That qualifies as redundant in my book.

      From the article:

      "Sunstein noted that XML is derived from SGML, which dates back to the 1980s. SGML, in turn, is based on computing concepts from the 1960s. If Scientigo's claims were ever litigated, the company would have to address all the prior work on data formats."

    4. Re:SGML? by Anonymous Coward · · Score: 0

      amen

    5. Re:SGML? by afd8856 · · Score: 5, Funny

      On slashdot, only the anonymous coward reads the article. Us, cowboys, will head straight to the arena for a quick round of trolling and fighting.

      --
      I'll do the stupid thing first and then you shy people follow...
    6. Re:SGML? by putko · · Score: 1

      How about S-expressions? Those are from 1959 or so -- the birth of lisp.

      That stuff is just based on the Lambda Calculus -- from the 30s.

      And then there's just plain old "mathematical notation" -- I just don't see how this stuff, if it is as abstract as XML, isn't going to just be mathematical notation. Which goes back to what -- Ancient China? The Assyrians?

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    7. Re:SGML? by gstoddart · · Score: 5, Informative
      While technologically XML is a descendent of SGML, it's used for a substantially different goal: SGML is intended for markup of documents, XML is intended for rendering non-document structured data in a way that allows it to be processed independently of its data type.

      Close. XML is not 'intended for rendering non-document structured data'.

      XML allows you to create structured data, be they documents, data interchange, paramet lists, or recipes. XML made some of the schema definitions less ambiguous and more rigid -- SGML had all sorts of things that made parsing difficult. XML didn't say that you can't use XML to store documents and must use it for data. They just said "we'll simplify the rules so that things like yacc can parse the grammar". That's all.

      XML is completely purpose agnostic. So, actually, was SGML. SGML was primarily used to make structured data, but there was never an expectation that the SGML files were "document" vs "data". Though the original uses of GML/SGML may have been for marking up documents, that wasn't required.

      I was using SGML for structured data interchange about 10 or 11 years ago. In the same way, I'm free to use XML for either data, documents, or anything else. The DocBook DTD was around in the SGML days, and is still in use now -- it defines documents.

      As these patents are very clearly about data, not documents, I don't think SGML is a valid antecedent.

      Not really. The stuff in a document is data to the program that runs it. It is a perfectly valid (and well established) usage of SGML to contain what you're calling data -- config filed, parameters, etc. SGML was being used for data back in the day. Much like XML can be used to represent a 'document', or to hold 'data' -- XML-RPC or the ArborText editors are both uses of XML as an interchange format.

      An instance of an XML file (ie. an XML document) is either data, document, or whatever it is intended to be.

      It is completely false ot say that XML and SGML are differentiated by what the purpose of the contents of the file is. And it is completely valid to say the long history of GML/SGML/XML are so much before these patents it's not funny.
      --
      Lost at C:>. Found at C.
    8. Re:SGML? by LWATCDR · · Score: 3, Interesting

      And the difference between a document and data is?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    9. Re:SGML? by dgatwood · · Score: 2, Informative

      SGML wasn't developed until the 1980s. Structural tagging existed in the 1960s. There's a difference, albeit a rather moot point, since 1985 still predates 1997.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    10. Re:SGML? by dgatwood · · Score: 1

      What is a document? According to Answers.com:

      document (d?k'y?-m?nt) n. 1. a. A written or printed paper that bears the original, official, or legal form of something and can be used to furnish decisive evidence or information. b. Something, such as a recording or a photograph, that can be used to furnish evidence or information. c. A writing that contains information. d. Computer Science. A piece of work created with an application, as by a word processor. e. Computer Science. A computer file that is not an executable file and contains data for use by applications. 2. Something, especially a material substance such as a coin bearing a revealing symbol or mark, that serves as proof or evidence.

      Note #1 part c. A document is simply a collection of information (data). Therefore, by definition, document markup based upon describing the type of the content in a document (e.g. <title>) rather than the formatting (e.g. <b>) is a very clear example of precisely what this patent is about.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    11. Re:SGML? by jacksonj04 · · Score: 1

      Nothing. It just so happens that in some cases the data contains formatting.

      I would say that HTML is a neutral data form. The original tags were simply used to indicate title, headers, paragraphs etc. How the browser then displayed those 'stock elements' was down to the specific browser.

      --
      How many people can read hex if only you and dead people can read hex?
    12. Re:SGML? by Dwonis · · Score: 1, Informative

      Heh. Even the technical term for an XML data is a "document". Ever heard of DOMDocument objects?

    13. Re:SGML? by drakaan · · Score: 2, Interesting
      I dunno..."Standard Generalized Markup Language" vs. "eXtensible Markup Language". There are hints in the names as to what they're for.

      In point of fact, XML is not just intended for rendering non-document structured data (XHTML being one example of this, just as HTML is an example of this relating to SGML).

      XML and SGML both had the intent of allowing open definitions of document content within a specific framework (delimiters, keywords, general syntax rules), and XML is a restricted subset of SGML. The fact that the most common use of XML to date has been for data and data transformation does not make it a data-container-only language any more than the same fact makes SGML a data-container-only language. The difference comes in the specific restrictions used in XML that make it more practical to implement.

      All that aside, if we go back to heredity, if SGML is not covered by the patent, and XML is substantially a subset of SGML, then does it make sense that XML should be covered by the patent? In Dec, 1997 you find an example of a way to create an XML declaration in SGML. The RFC says in section 4:

      XML, as a subset of SGML, has the same security considerations as specified in [RFC-1874].

      XML is defined here as 'An initiative from the W3C defining an "extremely simple" dialect of SGML suitable for use on the World-Wide Web.', which says to me that the patent holder and the USPTO ought to examine the relationship between SGML and XML more closely, as well as examining the SGML-based applications that still exist.

      Seeing as how SGML is not designed specifically for web-based transactions, it is probably broad enough to cover any situation that the patent applies to, unless they have somehow designed a process that implements SGML/XML-like behavior outside of computing devices.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    14. Re:SGML? by larry+bagina · · Score: 1
      NeXTStep used property lists to save arrays, hashes, strings, binary data, etc to a structured text file. It could later be converted back to its original format. OS X uses XML (I don't recall if they have legacy support for old fachioned proplists).

      NextStep was available from 1989 - 1995 (I'm not sure if property lists were in v 1.0). OpenStep definitely had them in 1994-1995.

      {
      Clock = {ClockStyle = 3; };
      NSGlobalDomain = {24HourClock = Yes; Language = English; };
      NeXT1 = {Keymap = /NextLibrary/Keyboards/NeXTUSA; };
      Viewer = {NSBrowserColumnWidth = 145; "NSWindow Frame Preferences" = "5 197 395 309 "; };
      Workspace = {SelectedTabIndex = 0; WindowOrigin = "-75.000000"; };
      pbs = {};
      }

      --
      Do you even lift?

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

    15. Re:SGML? by Anonymous Coward · · Score: 0

      Nicely explained, but I don't even see why that needs to enter into the equation. Since when is fitness for purpose even a consideration for a patent? So whether or not SGML's purpose was narrowly-defined - due to shortcomings found in practice - has no bearing, since it's the method that is patent-able material, and not the actual implementation, right?

      Plus, the two patents are full of generalised buzzword garbage. The first could be describing any directory service in existance, and those were around long before XML. Hell, it could even describe casting of data types. The concept and method of execution were well known by 1997.

    16. Re:SGML? by jeanicinq · · Score: 1

      Certainly that is prior art?

      ASCII has control characters to accomplish the same of XML. That is prior art.

    17. Re:SGML? by gstoddart · · Score: 1
      Nicely explained, but I don't even see why that needs to enter into the equation.

      Only because the poster was claiming SGML was not suitable prior art for XML as it was somehow different.
      --
      Lost at C:>. Found at C.
    18. Re:SGML? by SuppleMonkey · · Score: 1

      In Soviet Russia, article reads the Anonymous Coward!

    19. Re:SGML? by imbaczek · · Score: 2, Interesting

      How about Lisp? It's 40 years old, and essentially isomorphic with XML.

    20. Re:SGML? by frisket · · Score: 1
      ...XML is intended for rendering non-document structured data...

      This is a common myth perpetuated by those who use it for such applications.

      That's certainly one of its major uses, but the intention was to allow it to be used like SGML on the web -- for documents. It just happens to be usable for marking up structured data as well, but that's just a moderately convenient by-product -- it doesn't actually do it very well, but it does do it portably, robustly, and reprocessably, which no other open format offered.

    21. Re:SGML? by CastrTroy · · Score: 1

      Would someone mod this guy as "Redundant"?

      DOMDocument Objects = Document Object Model Document Objects

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    22. Re:SGML? by Anonymous Coward · · Score: 0

      Certainly SGML is prior art. It's art, and it's prior.

      But is it invalidating prior art? Well, take a look at the claims of the patent (not just a headline, and not the title, or the abstract or the specification of the patent, but the claims). If each and every element in a claim was included in SGML, then, yes, it invalidates the patent.

    23. Re:SGML? by jc42 · · Score: 1

      As these patents are very clearly about data, not documents, I don't think SGML is a valid antecedent.

      Huh? What's the difference between "data" and the contents of a "document"? As a long-term programmer, I'd assert that they are the same thing.

      One example I've had some fun with: I have a number of programs whose makefiles include commands to build some of the .h and/or .c files by running some "man ..." commands and feeding the output to a perl script.

      "What??? Your source code is built by a program that reads the manual and converts it to C?"

      "Yeah; you got a problem with that?"

      To your typical perl hacker, the term "document" is merely a warning that the data is probably embedded in junk that's much harder to parse away than need be.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  5. Ahh, but I recently patented "Data" by Isca · · Score: 2, Funny

    I will require one non-screwed up patent system as my royalty.

    1. Re:Ahh, but I recently patented "Data" by baadger · · Score: 1

      If I invented Data i'd patent it too.

  6. Standard /. comments by lastchance_000 · · Score: 0

    Cue all the comments on patenting breathing, 1s and 0s etc. etc.

  7. Neutral? by hesiod · · Score: 1

    I may not understand what they mean by "neutral," but couldn't that be construed to mean any open standard? Otherwise, XML doesn't transfer data at all, let alone in a neutral format. The format is defined by the use!

    1. Re:Neutral? by glug101 · · Score: 1

      Errr.... that's what a nuetral format is. The formatting is arbitrary.

    2. Re:Neutral? by CastrTroy · · Score: 1, Redundant

      The patent also explicitly states "non-hierarchical". And XML is definitely hierarchical in just about every way.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  8. There Goes OpenDocument!!! by Master+Eclipse · · Score: 0, Flamebait

    Well, I guess I'm not supprised. Does anybody else smell a Rat? After all, Micro$oft would love to sue OpenOffice and Open Document to the ground!!!!

    1. Re:There Goes OpenDocument!!! by Anonymous Coward · · Score: 1, Informative

      Um, no? MS's new document formats are XML based as well.

    2. Re:There Goes OpenDocument!!! by advocate_one · · Score: 1
      Um, no? MS's new document formats are XML based as well.

      Doesn't matter... Microsoft would quite happily pay the royalties while watching OpenOffice.org go down the tubes...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  9. I spent 20 minutes filling out that form... by Anonymous Coward · · Score: 0

    Now pay me 50 kagillion dollars please.

    1. Re:I spent 20 minutes filling out that form... by ScrewMaster · · Score: 0

      I'll take your kagillion and raise you a gazillion!

      --
      The higher the technology, the sharper that two-edged sword.
  10. Umm...Prior Art? by Mad-Mage1 · · Score: 2, Insightful

    XML is a derivative of SGML..WAY Older than 1997, I can't see how an IP attorney would suggest they actually litigate this. There is A LOT of prior art to go through, in a LOT of formats...This is going to take YEARS in a best case.

    --
    The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
    1. Re:Umm...Prior Art? by hitchhikerjim · · Score: 2, Insightful

      Yeah -- but this one is going to be a battle of definitions I believe. I was around during the beginnings of XML and working with several of the companies that created XML (on other projeects)... SoftQuad and several other SGML product makers. They originally envisioned XML as a "simpler" version of SGML... and a way to capitalize on the web market that they were rapidly losing to companies that made products that were simpler in concept. ...and this all happened right around 1997. And I have some vague memory of Paul Odom, currently of Scientigo was involved. If he was the only one to file a patent, then people are screwed on this.

      But I think it'll boil down to whether or not XML is actually different from SGML, or just a re-definition or derivation. IMHO it's a simpler re-definition/derivation. But others would differ on that.

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

      Interesting. Years to sort this out. And in the meantime, this will FUD organizations away from XML development. How very convenient for existing proprietary formats.

      Anyone smell Microsoft?

    3. Re:Umm...Prior Art? by CodeHog · · Score: 1

      Interestingly enough wkikpedia lists Tim Bray as a co-inventor of XML. And it sounds like XML was developed by a working group supported by a 150-member Interest group. So how did this company get their patent hooks into XML (or think they can)?

      --
      Fat, drunk, and stupid is no way to go through life, son.
    4. Re:Umm...Prior Art? by shmlco · · Score: 1
      Are you implying that there's no way a committee can invent or design something that's already patented?

      A commitee worked on JPEG too, and look at what happened with Forgent.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    5. Re:Umm...Prior Art? by CodeHog · · Score: 1

      Nope, not implying that at all. I'm curious how it got to this point. I would like to believe the committee looked into current technologies at that time to see if something similiar was already being developed by someone and then invite those parties to participate in the design. And if a patent holder of something that gets 'invented' by someone else, be it committee or an individual, I would hope they would attempt to enforce the patent in a timely fashion, i.e. when the holder finds out someone is attempting to use the idea or design as their own. Which in this case would be several years ago! Has this company just waited until it needs the cash flow (as other posters have implied)?
      I'm not familiar with the JPEG story. How does this relate to this story?
      We now approach the segment of history where greed runs amok! (laugh it's funny)

      --
      Fat, drunk, and stupid is no way to go through life, son.
  11. Can you get more generic? by Anonymous Coward · · Score: 1, Insightful

    How much more generic than "data in neutral form" can you get?

    If such patents are held to be enforcable you americans really need to start shooting the judiciary to help them get a sense of priorities sorted.

    1. Re:Can you get more generic? by Onan · · Score: 2, Insightful
      How much more generic than "data in neutral form" can you get?
      If the writeup is accurate (a big supposition), this is pretty absurd. I'm amused by the very notion of patenting doing things not in any particular way.
      If such patents are held to be enforcable you americans really need to start shooting the judiciary to help them get a sense of priorities sorted.
      I have always held that the second ammendment has been broadly misunderstood: its goal was to allow people to overturn the government as necessary, not shoot burglars in their homes. Thus, using a gun on a criminal should still be classed as vigilanteism and a crime itself, but shooting any government official or law enforcement officer should be a constitutionally-protected right.
    2. Re:Can you get more generic? by Anonymous Coward · · Score: 0

      Ahhh, see, my theory has always been that the second ammendment has been broadly misunderstood: its goal is to assure the population that it could just shoot the government if things ever got bad, thus making the population far less likely to actually revolt because the psychology of being cornerred is avoided -- true hopeless desparation is diffused by a gun under your pillow. Very clever, those founding fathers.

    3. Re:Can you get more generic? by PortHaven · · Score: 1

      I myself sometimes question whether such is a "right" or a dutiful "responsibility" of any good citizen. ;)

  12. Looooosers. by Godeke · · Score: 5, Informative

    According to this:

    http://www.ukoln.ac.uk/web-focus/events/workshops/ webmaster-2002/materials/savory/slides/img18.html

    the XML draft specification was prepared in November 1996. Good luck with that January 28, 1997 filing date.

    As the article points out, XML is an outgrowth of SGML, which goes way before these filings. Yet somehow both patents manage to recognize neither SGML nor XML as prior art. Patent trolls indeed, I'm looking forward to the crunching sound their company makes when it is crushed. XML is too entrenched for the big players to ignore these losers.

    --
    Sig under construction since 1998.
    1. Re:Looooosers. by Yartrebo · · Score: 0

      A peculiarity of the US patent system is that anyone can file for a patent for up to 1 year after the idea is officially published. It's perfectly legal to find an unpatented discovery in a magazine, patent it, and the sue the original devoloper.

      Unfortunately, that draft specification wouldn't qualify as prior art under our dumb laws.

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

      I'd like to point out that the filing date is not necessarily the date of invention. They're two distinct things.

      Though, it does lead one to believe that they'd have to do a lot of swearing behind to make the patent valid.

    3. Re:Looooosers. by Tankko · · Score: 1

      Good thing you don't have a clue what you're talking about.

    4. Re:Looooosers. by 1ucius · · Score: 4, Informative

      Incorrect, fortunately. You can't patent something you didn't invent (i.e., independently conceive). 35 USC 102(f). Moreover, even assuming your hypothetical patentee did independently invent the same thing, they would need to prove they conceived that invention before the publication date of the draft specification or magazine. 35 USC 102(a). They may also need to prove they conceived the invention before the author of the publication. 35 USC 102(e) and 102(g).

    5. Re:Looooosers. by kfg · · Score: 2, Informative

      As the article points out, XML is an outgrowth of SGML, which goes way before these filings.

      More than that, the patent specifies non-heirarchical. XML is specifically heirarchical.

      What they actually seem to have patented here is delimited ASCII.

      KFG

    6. Re:Looooosers. by Anonymous Coward · · Score: 0

      I patented the carriage return. Fortunately for you, you did not use it anywhere in your post.

    7. Re:Looooosers. by giblfiz · · Score: 1

      I wonder if they will be trying to sue Freeedgar, the company that is hosting there S.E.C. Filings, as well

      http://sec.freeedgar.com/displayText.asp?ID=651949

    8. Re:Looooosers. by Chris+Burke · · Score: 3, Funny

      I'm just wondering how many of the "lose vs loose" spelling nazis exploded when they read your subject line.

      --

      The enemies of Democracy are
    9. Re:Looooosers. by Godeke · · Score: 1

      Good thing I used "losers" in the body then :)

      --
      Sig under construction since 1998.
    10. Re:Looooosers. by Rac3r5 · · Score: 1

      unfortunately this doesn't always win you a case. Take RIM and NTP for example, RIM invented something and patented it in Canada. NTP sues RIM even though they didn't build the product. NTP won..

    11. Re:Looooosers. by failure-man · · Score: 4, Funny

      They're heds had already asploded. Its to late.

    12. Re:Looooosers. by SpaceLifeForm · · Score: 1
      The RIM case is not over yet. The patents could still be ruled invalid.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    13. Re:Looooosers. by s!mon · · Score: 1

      Correct, but invention is when you have either reduced it to practice or reduced it conceptually. Conceptual reduction is generally filing the patent application. Actual reduction to practice means conception then actually reducing it to use with diligence. A break from working on the invention of only 2 days destroys diligence.

    14. Re:Looooosers. by mpsmps · · Score: 2, Informative

      This isn't enough in itself because you have a year to file in the US. For XML to qualify as prior art, there needs to be records of the ideas being discussed in the standards deliberation prior to January 28, 1996.

    15. Re:Looooosers. by Rac3r5 · · Score: 1

      the thing is.. this RIM vs NTP case has been dragging for years.

      A small business person who is just starting up would be smacked down just because he wouldn't be able to afford the legal fees associated with the case. Its kind of sad how the law now just seems to be about who can support the legal fees the best..

    16. Re:Looooosers. by tedmg09130913 · · Score: 1

      So what? There are plenty of linux companies and other companies with cash that will never have to worry about running out money to fight these so called xml patents;(like IBM). The company that holds the so called xml patents has potentially made a lot powerfull enemies in the linux world alone.

    17. Re:Looooosers. by JeffJewell · · Score: 1

      Um, that's "all ready" asploded.

    18. Re:Looooosers. by Doyle · · Score: 1

      I'm just wondering how many of the "lose vs loose" spelling nazis exploded when they read your subject line.

      Not me. I could care less.

  13. XML predates this patent filing by jesup · · Score: 5, Interesting

    From http://www.xml.com/pub/a/w3j/s3.paoli.html:

    "Microsoft cofounded the XML working group at the W3C in July 96 and actively participated in the definition of the standard."

    This was used in IE4.00 for their Channel Definition File (used to schedule "Pull" of channels, an idea that's largely died). I was implementing CDF files at Scala in '96/97. The patent was filed in '97.

    1. Re:XML predates this patent filing by netfall · · Score: 0, Troll

      So what you're saying is that now Micro$oft is going to file for the XML patent once this one gets thrown out? dAMN THEM!

    2. Re:XML predates this patent filing by divisionbyzero · · Score: 3, Insightful

      Well, Channels are dead but "Pull" isn't. It lives on as RSS, but that's neither here nor there.

    3. Re:XML predates this patent filing by WarmNoodles · · Score: 1

      Maybe the editors of the XML specification and the 10 years of work that happened prior to the patent application might take exception.
      The spec: http://www.w3.org/TR/REC-xml
      The Editors of the Spec
      Tim Bray, Textuality and Netscape
      Jean Paoli, Microsoft
      C. M. Sperberg-McQueen, W3C
      Eve Maler, Sun Microsystems, Inc. - Second Edition
      François Yergeau - Third Edition

      I dont know the situations of th eother editors, I am thakfull for their work and contributions and for Mr. Bray recent comments regarding this blatent thenft attempt of IP.
      I'd like to see these folks comment other than Tim who already has.

      --
      Is IP theft via patent a crime? or just socially stupid?

  14. Patent protections by totallygeek · · Score: 2, Insightful

    What is really accomplished in all this? No one has stopped making websites with GIF images. After I install Fedora on my box, I race out for the MP3 libs. So, if this goes through, we will all continue to use XML regardless?

    1. Re:Patent protections by k3s · · Score: 4, Informative

      Royalties would be what is accomplished.

      The LZW algorithm that was patented and people had to pay royalities.

      With all the other posts describing prior art, I don't think this claim will hold up.

    2. Re:Patent protections by johansalk · · Score: 1

      Those patent vermins don't want you to stop using the stuff, they want you to pay them for it.

  15. RSS... by illumina+us · · Score: 1

    Everyone prepare to be sued for your use of RSS.

    --
    -illumina+us "I put on my robe and wizard hat..."
  16. I don't get it... by SimReg · · Score: 5, Insightful

    Do these companies just forget they have a patent on some technology/feature and then 8 years later when their patent is included in a standard and a huge part of the community they say "Hey, didn't we patent that 8 years ago?"

    There really needs to be some reform that states a company has 90 days, 1 year, or some short fixed period of time to bring a suit against a product, starting from the time it hits the market and is available to the public, the industry, or something.

    The idea that you can silently sit on patents waiting for the world to embrace an obvious idea is an abuse of the system.

    1. Re:I don't get it... by just_another_sean · · Score: 2, Interesting

      Exactly! There was a recent ruling to that effect regarding a guy named Lemelson. Although the guy in question waited between 18 - 39 years before he started going after the industry. The original article I read on this is at Groklaw with a follow up concerning a ruling against Lemelson there as well. The basic gist is that a party may base a reasonable defense against patent infringement on the fact that the plaintiff waited too long to bring a case against them. I would hope that applies here as well!

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    2. Re:I don't get it... by jzeejunk · · Score: 1

      There really needs to be some reform that states a company has 90 days, 1 year, or some short fixed period of time to bring a suit against a product, starting from the time it hits the market and is available to the public, the industry, or something.

      but then consider this ... say a joe schmo opens a coffee shop named google in timbuktu. even if google comes to know that there has been a "trademark" violation its simply not worth it for them to go after such "google"s because a) such small violations don't cause harm to google and b) legal costs so they would just decide to ignore/wait. now over time our joe schmo's google might become big enough to jeopardize google's business. it'd be feasible for google to go after a violater then. now by waiting i don't think the original patent/trademark holder did anything wrong. i mean why should the original trademark/patent holder pay the price for being lenient. i think it depends on case to case. its difficult to come up with a generic time limit to enforce legal rights.

      --
      sarchasm
    3. Re:I don't get it... by Anonymous Coward · · Score: 1, Interesting

      At common law there is an equitable defense of laches. It's not clear that that should apply to patents.

      More on point, the defense of inequitable conduct for enforcing patent rights was held to be invalid.

      Patents are what they are. If it's valid, the patent owner may use the right to prevent another from making, using and/or selling an infringing product. You can't cherry pick the patents you do and do not like.

      Of course, that's why litigation always follows the: I didn't do it, even if I did the patent isn't enforceable, or even if it is enforceable it's not valid defense strategy.

    4. Re:I don't get it... by ginotech · · Score: 1

      because google is going to be hurt by a coffee shop

    5. Re:I don't get it... by Krach42 · · Score: 3, Informative

      Trademark isn't the same thing as patent law at all. Because Trademark really *is* use it or lose it.

      That's why McDonalds sues everyone who uses a "McSomething", because to protect their brandname, and trademarks, they have to.

      If you can show that a company knew about your possible use of their trademark and did nothing against it in a reasonable amount of time, then they lost out, and you can use it.

      At this point, if you made Google at Timbuktu, and Google didn't do anything about it, then later you grow big enough to cause Google concern, they've already lost out, because the damage to your business Google at Timbuktu of losing what is now your brandname also, would be unfair, just because Google decided to wait to do something about it.

      --

      I am unamerican, and proud of it!
    6. Re:I don't get it... by Manitcor · · Score: 0, Redundant

      actually unlike patents, trademarks must be defended. If someone infringes on your trademark and you do nothing about it you will loose the ability to enforce that trademark this is part of trademark law and has happend in the past (kleenex, band-aid, q-tip, many others) who never defended thier trademark brand and ended up loosing it.

      Every no and then youll see big corp X go after little guy X because the little guy is using the same name. Everyone screams bully but the fact is, it that they must make the effort or they loose the right to the trademark alltogether.

      --
      "Don't mess with him, he taunts the happy fun ball."
    7. Re:I don't get it... by Anonymous Coward · · Score: 0

      Do these companies just forget they have a patent on some technology/feature and then 8 years later when their patent is included in a standard and a huge part of the community they say "Hey, didn't we patent that 8 years ago?"

      No, it's unlikely that they "simply forgot", and I believe they call this kind of thing Submarine Patententing. Slashdot has had a couple of articles on this sort of thing. And here is a Wikipedia entry that might offer some useful info on the subject.

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

      There really needs to be some reform that states a company has 90 days, 1 year, or some short fixed period of time to bring a suit against a product

      yes that time is 20 years.

    9. Re:I don't get it... by BeJil · · Score: 5, Insightful

      Close, Lemelson had to do with something called "prosecution laches," and dealt with a patent strategy of keeping a patent from even issueing until the underlying technology becomes widespread. This practice is less problematic now than when Lemelson was originally filed due to changes in the length of a patent term (now a patent term is 20 years from the date of filing, when Lemelson was filed a patent term was 17 years from the date of issue). However, the broader concept of "laches" is relevant. In property law in general, "laches" is the doctrine that requires that a property owner must actively guard their property rights or they will lose them. For example (and this is a simplified example that is not 100% technically accurate), if your neighbor builds a fence that slops over onto your property and you do not make them remove it, after a long enough time period has passed your neighbors will legally own the property encompassed by the fence. The problem is that the application of laches in the IP realm is still an undeveloped concept and the courts have not adequately set out guidelines for determining when a patent holder has forfeited her rights.

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

      If that's true then why was the world wildlife fund(WWF) successful in forcing the world wrestling federation(WWF) to change it's name after 20 some years of operation?

    11. Re:I don't get it... by Krach42 · · Score: 1
      http://www.commondreams.org/headlines01/0813-02.ht m

      It appears that, in short, the issue didn't become a problem until the web.

      Same goes with Apple Records vs Apple Computer. Apple Records didn't have reason to enforce their trademark against a company in computers, but when Apple Computers started allowing their computers to play music (a.k.a. added speakers) Apple Records sued for trademark violation. The agreement was that Apple Computers would stay out of the Music business and Apple Records wouldn't go into the computer field, and both would retain their trademark.

      In this case, the wrestling foundation had wwf.com, while the wildlife foundation had wwf.org. People could easily and mistakenly enter the wrong TLD when attempting to surf to the other's webpage. Relevant quote:

      Although the conservation group changed its name to the Worldwide Fund for Nature 15 years ago, in the United States it is still known by the original World Wildlife Fund. In 1994, it entered into an agreement with the wrestling federation over the use of the trademark initials. Since then, however, both have expanded their presence on the Internet, where they have almost identical web site addresses.

      As a result of the court ruling, however, the wrestling enterprise will be allowed to retain limited use of its initials in the United States only. It will be required to relinquish its prized web site address.


      See? Again, they had an agreement, and they contested it in the very first place (important, as this establishes enforcement of the trademark) but then later they decided that the previous agreement wasn't working. Since they did "use" the trademark from the beginning, they never "lost" it.

      They take it to the courts and the courts decide that the internet makes the WWF ambiguous to the WWF, and that the one with the oldest trademark registration gets to use the initials.

      It's pretty simple, but the whole thing hinges on the fact that the Wildlife Foundation initially attempted to enforce their trademark also. All you have to do is give a sort of "passing acknowlegment" that they're violating your trademark, and make a deal on how they are allow to go ahead and use it, then if they ever do violate your trademark for real, you still have it. If they never did anything to begin with, then well, they're screwed.
      --

      I am unamerican, and proud of it!
    12. Re:I don't get it... by waynemcdougall · · Score: 1
      That's why McDonalds sues everyone who uses a "McSomething"

      Bring it on...

      --
      Recycle PCs and build a wireless community network www.hillsborough.org.nz
    13. Re:I don't get it... by Anonymous Coward · · Score: 0

      Not correct. Laches does not cede your property to your neighbors. It cedes the right of use. They may continue to use your property, but you still own it. (and pay the property taxes on it)

  17. One word for you: by CompSci101 · · Score: 1

    HA!

    This is a joke (and a shitty one) if ever there was one.

    They realize that they're suing very narrowly, anyway, right? XHTML is a subset of XML -- why not sue everyone on the web that claims compatibility with the XHTML doctype?

    Absurd.

    --
    The Sun is proof that we can't even do fire properly.
  18. Invalid Claim by robbyjo · · Score: 5, Informative

    From the patent abstract:

    The present invention simplifies the data modeling process and enables its full dynamic versioning by employing a non-hierarchical non-integrated structure to the organization of information.

    XML is hierarchical data structure. Hence, his claim isn't valid.

    --

    --
    Error 500: Internal sig error
    1. Re:Invalid Claim by Anonymous Coward · · Score: 0

      "non-hierarchical non-integrated structure to the organization of information"

      *baffled*

      How the hell can you organize information into a non-hierarchical non-integrated structure? Organize by definition means integrated and structured information. Sounds more like they've patented unorganized data...

    2. Re:Invalid Claim by RexRhino · · Score: 4, Insightful

      Yes!

      Now all you need is two years and $5,000,000 for the legal fees to prove it in court!

    3. Re:Invalid Claim by m0rph3us0 · · Score: 1

      RDBMS systems do it all day long.

      Both non-integrated, and non-hierarchical. It is the relation that defines the organization of the data. It sounds more like they patented relational databases than XML.

    4. Re:Invalid Claim by doj8 · · Score: 1

      > Sounds more like they've patented unorganized data...

      Isn't unorganized data equivalent to noise?
      So, they've patented static, in other words.

      What an idiotic patent [office]...

      --
      -- Dan Jenkins, Rastech Inc.
    5. Re:Invalid Claim by sootman · · Score: 4, Funny

      Sounds more like they've patented unorganized data

      Dude, I've totally got prior art there. :-)

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    6. Re:Invalid Claim by Qzukk · · Score: 2, Informative

      The abstract is just there for shits and giggles. The "inventor" can outright lie about the patent in the abstract, and some previous patent story here had two different patents with the exact same abstract. The abstract could just as easily have read "This is an invention to create happy fun places with sunshine and happiness for all!"

      It's the claims that count, all they need is a claim like

      12512: A method as in any of the above where the data is stored in a hiearchical format.

      and they'd have XML by the balls (pending prior art).

      In fact in the first patent the word "hiearchical" doesn't occur in any of the claims at all, and claim 14 describes the process by which most XML parsers work (matching data in the document to variables in the program). The second patent again doesn't mention the word anywhere in the claims, but the claims pretty much describe hierarchical data ("sub-clusters", etc).

      SGML should be our prior-art saving grace though, even after all of these years of pushing "separation of presentation and data", I'm sure you can find someone who can argue that presentation is data ;)

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    7. Re:Invalid Claim by BalkanBoy · · Score: 1

      Or you can ask the judges to get a Ph.D. in computer science in addition to their JDs to in order to facilitate a speedy trial.

      --
      'A lie if repeated often enough, becomes the truth.' - Goebbels
    8. Re:Invalid Claim by Waffle+Iron · · Score: 1
      I can't believe some of the claims in these patents. The patent examiners must have been smoking crack. Here's claim 11 of the first patent:
      11. A method of transferring data in electronic form from a computer comprising the steps of:

      a) organizing and storing the data in neutral form that is to be transferred;

      b) organizing and storing the names, definitions and properties of the structural tags used to express the data in neutral form; and

      c) transferring the data expressed in neutral form along with the names, definitions and properties of the structural tags that make up that neutral form data.

      WTF does that mean? It says everything and nothing at all. This is the kind of language sales guys use when they want to bamboozle a PHB with a liberal arts degree. A DOS .INI file "infringes" on that claim just as much as an XML file does, not to mention every LISP program ever written.

      And the patent examiner agreed that nobody in history has probably ever implemented something that's described by this statement. Simply unbelievable.

    9. Re:Invalid Claim by julesh · · Score: 1

      You're not reading it right. It's part 'c' that's the key: it doesn't only transfer the data, it also transfers a description of how the data is structured.

      Think of a relational database with the capability of copying its content to a remote server and you're on the right lines.

    10. Re:Invalid Claim by Waffle+Iron · · Score: 1

      A DOS .INI file holds a description of how it's structured. It's made of keyword:value pairs, and the keywords define the structure (along with the [section] headers which are also contained in the file). All of this is in a "neutral" format, whatever that means. If I transmit an .INI file from my computer (like say distributing it with an app), it's covered by this claim.

    11. Re:Invalid Claim by Anonymous Coward · · Score: 0

      Or you can ask the judges to get a Ph.D. in computer science in addition to their JDs to in order to facilitate a speedy trial

      Oh, I could just see a software patent case in front of a geek judge. Judge reads patent, whacks his gavel, announces patent invalid due to being so obvious his kid sister hacked out something similar on their Trash-80 before she went to daycare one morning. Patent holders then appeal on grounds judge ruled on the case using facts not in evidence.

    12. Re:Invalid Claim by vrmlguy · · Score: 1

      Part 'c' is essentially described on page 14 of RFC 1014 (External Data Representation), June 1987. http://www.ietf.org/rfc/rfc1014.txt

      --
      Nothing for 6-digit uids?
    13. Re:Invalid Claim by defaria · · Score: 1

      Utter nonsense. You need not spend hardly anything. All you need to do is simple assert this fact. Even a paralegall could do this for you at $50 not $5 million.

    14. Re:Invalid Claim by I+Like+Pudding · · Score: 1

      The present invention simplifies the data modeling process

      Wait, this is supposed to cover XML?

    15. Re:Invalid Claim by GIL_Dude · · Score: 1

      If you could just organize it enough to prove it, right?

    16. Re:Invalid Claim by julesh · · Score: 1

      No, a .ini file of that kind really only defines the data. The structure of the data in this case would basically be a list containing the details of which names could have meaningful values associated with them, and perhaps some kind of restrictions on what the values could be.

      But the guy talking about XDR above is probably onto something. :)

    17. Re:Invalid Claim by Anonymous Coward · · Score: 0

      Let's let the patent office decide it.

    18. Re:Invalid Claim by Lehk228 · · Score: 1

      or $0.05 to buy a bullet

      --
      Snowden and Manning are heroes.
    19. Re:Invalid Claim by tedmg09130913 · · Score: 1

      Would you like to bet IBM doesn't have it?

  19. Antother word perwill... by oliverthered · · Score: 3, Informative

    'Perwill's EDI software, which went live in 1992/3.'

    Perwill is a horrible piece of software written by Polaris that maps from one text based format to another, it's mainly used for EDI but can be used for anything (you could probably setup an XML/SGML template if you could bare using the software for that long).

    --
    thank God the internet isn't a human right.
    1. Re:Antother word perwill... by dgatwood · · Score: 5, Informative

      How about structurally-tagged content dating back as far as the late 1960s?

      A Brief History of the Development of SGML

      For that matter, XML is just a specific, more restrictive dialect of SGML. The SGML draft standard was first published in 1985, twelve years prior to this patent. Since XML is a proper subset of prior art that existed prior to the filing of this patent, XML in effect existed prior to the filing of this patent.

      If this ever goes to court, the company should expect their lawyers to be prosecuted for barratry.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    2. Re:Antother word perwill... by Taladar · · Score: 4, Insightful

      And SGML is just a minor syntax change from Lisp S-Expressions which should be even older.

    3. Re:Antother word perwill... by radtea · · Score: 4, Informative


      Not only does SGML predate these patents by a long, long time, XML itself was announced at SGML'96. I took a copy of the draft standard home from that meeting. So XML also predates the earliest patent application by on the order of a year.

      --
      Blasphemy is a human right. Blasphemophobia kills.
    4. Re:Antother word perwill... by sedna · · Score: 1


      Other types of netural methods for transfering data between computers are netCDF, HDF and GRIB. These fileformats are often used in for GEO-data and seem to have been around since the early 1990's. A faq describing them from 1993: http://groups.google.com/group/sci.data.formats/br owse_thread/thread/1d4d77231fe0693e/9e48261723c51e 2a?lnk=st&q=netcdf+1992&rnum=4#9e48261723c51e2a

    5. Re:Antother word perwill... by Minna+Kirai · · Score: 2, Interesting

      Since XML is a proper subset of prior art that existed prior to the filing of this patent,

      Subsets of an existing idea are individually patentable. A 3x3x3m block of steel, after all, is a superset of thousands of different useful machines- just eliminate the excess molecule(s), and there it is! "I saw the angel in the marble and carved until I set him free."

      The XML specification is a subset of /dev/random.

    6. Re:Antother word perwill... by sumdumass · · Score: 2, Insightful

      but wouldn't that kind of make it an obvious path to the layperson?

      A machine being a subset of a chunk of steel is somewhat backwards. You cannot just take my list of tools or ideas, leave a few out and then claim them as your own. You have to create a new function or improvment for them.

      Now maybe the fact we are discussing all this prior art (that might not apply) doesn't mean thier patten isn't valid but that it shows it might be overly broad and reaches into too many areas?

      Step 1, look for an existing idea or proccess.
      Step 2, steal idea or process.
      Step 3, ?
      step 4, profit.

    7. Re:Antother word perwill... by oliverthered · · Score: 1

      It's possible that that may have a claim that doesn't fit with standard SGML but does fit with XML or even some uses of XML but not XML as a whole.

      Perwill is designed to do exactly what the patent claims so I would expect (and know) that the software has been used to implement the claims in the patent.

      --
      thank God the internet isn't a human right.
    8. Re:Antother word perwill... by Minna+Kirai · · Score: 1

      You cannot just take my list of tools or ideas, leave a few out and then claim them as your own.

      150+ years ago, that was explicitly allowed. Anyone who could take an existing patented invention and produce a functional copy with a fewer number of individual parts could recieve a new patent for the smaller device.

  20. I've got a great idea: by BrakesForElves · · Score: 4, Funny

    That's it... I'm going to patent an "agency enabling litigous under-achievers to assert ownership rights for ideas completely obvious to the most casual observer, and exacting confiscatory license fees therefrom". Yep, I'm going to patent the U.S. Patent Office, then chage dickheads like these "patent license" fees for using _my_ patented invention: The patent office.

    --
    About the word "if": If bullfrogs had wings, they wouldn't bounce around on their little green butts.
    1. Re:I've got a great idea: by Anonymous Coward · · Score: 0

      But they will claim prior art in themselves..

    2. Re:I've got a great idea: by BrakesForElves · · Score: 1

      Prior art? More like "TOTALLY ARTLESS".

      Cripes... what happened to the days when something worth patenting actually represented a break-through that improved the quality of our lives, rather than a chicken-shit "GOTCHA" whose only purpose is to extract royalty checks from people doing the actual work of making and delivering something of value.

      This "let's tax XML" claim is just reprehensible horse shit, IMHO.

      --
      About the word "if": If bullfrogs had wings, they wouldn't bounce around on their little green butts.
  21. Can I use PayPal for payment? by Anonymous Coward · · Score: 1, Funny

    I use XML. Just wondering if I can pay by PayPal or will I need to give them my credit card details directly? I couldn't find a way to pay on their website.

  22. From the patents... by boldtbanan · · Score: 1

    The patents talk about data transmission in non-hierarchical forms only...isn't XML hierarchical with a defined structure...parents, children, etc. Doesn't seem like the patents cited here apply.

  23. First Post! by NorthDude · · Score: 0



    <slashdot>
            <comment user="Northdude" moderation="-1: troll" date="2005-10-21 15:29:21 PM">
                    First post? Maybe not, because of the lameness filter...
            </comment>
    </slashdot>

    --


    I'd rather be sailing...
    1. Re:First Post! by Bake · · Score: 1, Troll

      15:29:21 PM..... ?

      The use of a 24 hour timestamp implicitly means that you do NOT use the AM or PM notion (IMO a silly notion btw...)

      Just as an FYI :-)

    2. Re:First Post! by Anonymous Coward · · Score: 0
      --
      Science without religion is lame, religion without science is blind. - Albert Einstein
      The falseness of this having been said by Al is given away by the anachronistic usage of "lame".

      And while I agree with the second clause, the first is one of the huge problems with science: too much religion in it. I wish more scientists already had some sort of religion outside of the science realm, so that science could go back to be objective.
    3. Re:First Post! by kpansky · · Score: 1

      Breaking the day into 12 hour chunks makes perfect sense when you look at when it was developed. Open your hand and with your thumb, count the number of segments in your fingers. Good way to keep track of time. After counting your digits, you're done with a days labor.

      --

      --Kevin
    4. Re:First Post! by Bake · · Score: 1

      Now, I don't know about you, but I have 10 fingers, not 12 or 8.

  24. Bah. by sethadam1 · · Score: 2, Insightful

    Let's review the patenet, line 1:

    The present invention simplifies the data modeling process and enables its full dynamic versioning by employing a non-hierarchical non-integrated structure to the organization of information.

    Uh... is it just me, or is XML ENTIRELY hierarchical?? In fact, it won't validate if you don't have elements nested properly. How can they even be serious?

    1. Re:Bah. by hey! · · Score: 1

      is XML ENTIRELY hierarchical??

      Well, nonhierarchical is just a special case of hierarchical.

      Look at your typical Java application configuration file, where for no perceptible reason the good old property file format is replaced with XML. In many cases, XML is used as CSV for the twenty-first century.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    2. Re:Bah. by PinkPanther · · Score: 1
      Well, nonhierarchical is just a special case of hierarchical.

      And random order is just another form of order.

      --
      It's a simple matter of complex programming.
    3. Re:Bah. by hey! · · Score: 1

      Certainly. If somebody was granted a patent on handling data in order, a random order (which is to say one that is long relative to its minimal representation) is clearly covered by the patent. If anything it's a much better argument, since there is a considerable amount of generalization needed to make the patent in question cover XML.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    4. Re:Bah. by graveyhead · · Score: 1

      I entirely agree with your post, but I just have a minor nitpick:

      An XML document can be well-formed and make it through the parser stage, but be invaild from the point of view of the schema. 'validation' is the process of comparing a schema or DTD against a document and checking that a) tags and text are nested properly and b) attribute values are legal. What you're thinking of here is actually a parser error, not a validation one.

      XML parsers usually have a "validating parser" and a "non-validating parser". The default is usually the non-validating one so you can just invent tags on the fly, and the parser won't choke during validation.

      Like I said just a nitpick. Good point though.

      --
      std::disclaimer<std::legalese> sig=new std::disclaimer; sig->dump(); delete sig;
  25. Data Structures by Anonymous Coward · · Score: 0

    Good 'ol data structures are superior to XML anways.

    More efficient, easier to read, etc.

    Ya, mod me troll. Whatever.

  26. I for one hope they get their royalties... by snapman · · Score: 1

    ...less XML in my professional life would be an excellent thing. :)

    --
    "What luck for the rulers that men do not think." Adolf Hitler
  27. USPTO - Again by geomon · · Score: 5, Insightful

    This fact:

    Charlotte, N.C.-based Scientigo owns two patents (No. 5,842,213 and No. 6,393,426) covering the transfer of "data in neutral forms." These patents, one of which was applied for in 1997, are infringed upon by the data-formatting standard XML, Scientigo executives assert.

    combined with this fact:

    Daly noted that companies or even individuals often make patent claims on XML. For example, Microsoft, which uses XML as the foundation of many of its products, was awarded a patent for programming techniques related to XML.

    shows me that the USPTO hopelessly is fucked up.

    These people are either overwhelmed by the number of claims and have no time to do the proper research before granting a patent, or they are are just plain stupid. I'm going to be generous and assume that these examiners are given a quota that they have to have resolved each week and that they haven't the time or resources to validate every claim. There is probably also a lack of expertise in the USPTO to properly vet the claims made in these applications.

    --
    "Rocky Rococo, at your cervix!"
    1. Re:USPTO - Again by charon69 · · Score: 4, Interesting

      Quote: I'm going to be generous and assume that these examiners are given a quota that they have to have resolved each week...

      You're exactly correct. My ex worked at the USPTO on biomedical patents. Your evaluation was based on how many patents you had processed during the previous week. She estimated that, with proper investigation of all claims, you would have to work almost 60 hours a week on average to finish your quota. At first hire, you're not expected to meet this quota, i.e. they give you time to get "up to speed". But, after they think that enough time has passed, the quota is driven pretty hard. She spoke of coworkers literally being yelled at for not finishing the proper amount of cases. They don't really care if you pass or deny them, just as long as a "processed" stamp is placed on the case.

      What's worse, even with these draconian measures, they were still roughly two years behind on processing patent applications.

    2. Re:USPTO - Again by geomon · · Score: 1

      What's worse, even with these draconian measures, they were still roughly two years behind on processing patent applications.

      The sad thing is that, regardless of whether there is a Republican or Democratic Administration sitting in the White House, this problem will persist. Congress needs to step up and reform the patent process.

      Not much hope of that hoping until the whole system crashes.

      --
      "Rocky Rococo, at your cervix!"
    3. Re:USPTO - Again by 1ucius · · Score: 1

      Your point must be too insightful for me ;-) Even assuming everything in the two blurbs was true, there is no inconsistency in having multiple patents that cover an aspect of XML. Virtually any significant item of human manufacture will incorporate dozens of inventions. For example, there are tens-of-thousands of patents on automobiles, thousands of patents on transmissions, hundreds of patents on planetary gears, etc. Software is no different than anything else (in fact, software patents are probably less problematic than mechanical ones. The inherent flexibility of software makes it hard to get meaningful claims).

    4. Re:USPTO - Again by Anonymous Coward · · Score: 0

      This patent is rediculous---like many patents. But people are too quick to lash out at the "incompentence" of the patent office. It seems that, given the patent system, there is no good way to run a patent office. How are you going to evaluate every patent application? How many Ph.D.s in how many fields are going to be on your full time staff? To do the patent office's job to the satisfaction of the Slashdot crowd, we would have to have as many overeducated examining patents as would be filing them. How much should a society invest in working out how to assign intellectual property rights? At some point, we need to stop bickering about how well the patent office does its job, and complain instead about what its job is.

    5. Re:USPTO - Again by geomon · · Score: 3, Insightful

      ... there is no good way to run a patent office.

      It seemed to run just dandy before the flood of business method and software patents hit the system.

      Perhaps we need to define what is "patentable" rather than just throw up our hands and resign ourselves to bureaucratic mediocrity (of the system, not the examiners).

      --
      "Rocky Rococo, at your cervix!"
    6. Re:USPTO - Again by RingDev · · Score: 1

      How big of a quota is it for 60 hours? I mean, you'd need to first check against everything that is currently patented, using a keyword search against a database would probrably cut that down to a handful to a few thousand depending on the item. Then you'd need to compare against all of those individually to make sure they are significantly different. Then you'd need to check trade mags and universities for any related publications that could be considered prior art. I could see a single patent taking 60 hours to research if you are familiar with the topic and the industry.

      My guess is the PTO relies on the courts to figure it out. If they give a quick flip through and don't see anything too blatant, they'll go ahead and approve it. The patent at that point is still worthless until the owner or a competitor sues. That is when people sink hundreds of hours digging into the subject, confering with the industry and determining origins.

      In short, Patents are worthless until you pay a lawyer.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    7. Re:USPTO - Again by mavenguy · · Score: 2, Interesting

      Well, actually, the minimum time period reported is the bi-week, and many an SPE (i. e., supervisor) will harass you if your production is low. The bigger period, however is the quarter; if your last 4 quarters are below 95% (just below the rating of "fully successful") of your "goal" (i. e., quota) you can expect an "oral warning" and given 90 days to bring your production over 95%.

      Of course, even those who come in between 95% and 100% often get harrased to do 100% as a minimum, and of course, even more.

    8. Re:USPTO - Again by webview · · Score: 1

      These people are either overwhelmed by the number of claims and have no time to do the proper research before granting a patent, or they are are just plain stupid. I'm going to be generous and assume that these examiners are given a quota that they have to have resolved each week and that they haven't the time or resources to validate every claim. There is probably also a lack of expertise in the USPTO to properly vet the claims made in these applications.

      A patent attorney I know who used to work in some fashion at the Patent Office basically said that they are (for the most part) interested in granting as many patents as they can. When you are granted a patent, in addition to the upfront fees, there is some sort of yearly 'maintenance fee' (apparently patents rust).

      What's even worse is this attorney works for a F500 company and says it's quite common (himself included) to have yearly 'patent quotas' that he has to meet (for his company). That's just plain wrong.

    9. Re:USPTO - Again by fenris_23 · · Score: 1

      Perhaps they just have a very sick sense of humor? When I think of the patent office, I imagine John Cleese walking like a bird with tinfoil on his head. Maybe they are just really big Monty Python fans?

    10. Re:USPTO - Again by joelcm · · Score: 1

      Here is a good article describing some of the problems with the current system and how it got the way it is. http://www.spectrum.ieee.org/careers/careerstempla te.jsp?ArticleId=i120204

    11. Re:USPTO - Again by Anonymous Coward · · Score: 0

      It's not just business method and software patents. You have people---excuse me, coporate entities---patenting strains of bacteria and lines of mice. How good for scientific research can it be when the animals your studying come with a license agreement that require you not to breed them? I don't think you're going to be able to specify "no software patents", and then find out the patent system works. The role of the patent system, I would argue, is not one which fosters ingenuity. Take for example the article "Patent Reform is Not Enough": http://www.gnu.org/philosophy/patent-reform-is-not -enough.html from the free software foundation. When you read it, it's easy to be struck by how much what they're saying doesn't just apply to software. So much of what gets patented is going to be developed regardless of whether or not there's a patent on the other side of the tunnel. In fact, I think that the state of intellectual property in medicine is easily more outrageous than its state in software (because of its effects). Since the 80s, companies and universities can patent and profit from research carried out with federal funds. Even though the government funds most new drug research, the drug companies still rake in the profits at the end of the day. The argument that the pharmaceutical industry model is the most efficient way to conduct medical research is among the poorest I've heard in support of a gross aspect of our society. Does mathematics not progress because researchers don't profit off their results? Does only research with clear profit-driven goals in mind get persued by academics in physics, chemistry, or biology? No, of course not. On the other hand, only research with clear profit-driven goals gets carried out by the drug companies, which is why, as government heads make ominous speeches about the possibilities of an Avian Flu epidemic, the most prosperous nations in the world don't have sufficient stockpiles of influenza medications---the government can't convince the drug manufacturers to produce them.

    12. Re:USPTO - Again by TheoB · · Score: 1
      It's worse than just the quotas (which are, although not AFAIK explicit, still de facto). The patent office is entirely funded by patent fees, and despite this apparent disincentive to research (or, perhaps, because of it) has been flush with cash for so long that Congress has started using it as a loan/revenue source, a la Social Security.

      Which means (you guessed it) if the U.S. legislature ever did reform the system to be more agressive at stopping submarine/infringing/abusive patents, it would be another hit to the national debt.

  28. Patent is for a Non-hierarchical format by CannedTurkey · · Score: 1

    Which XML isn't.

    --
    Ingredients: Turkey, Mechanically Separated Turkey, Water, Salt, Flavour.
  29. Burn all XML!!! by grumbel · · Score: 1

    Time to start a 'Burn all XML' capain and get everybody to switch the good old S-Expressions =;)

  30. 1960's prior art by dtfinch · · Score: 1

    XML is basically a subset of SGML, which has been around since the 60's and was standardized in 1986. I haven't RTFP though.

  31. Neutral? by Anonymous Coward · · Score: 0

    I may not have a clear understanding but if it is patented, doesn't that make it non-neutral?

  32. Patents don't apply to hierarchal data by Swamii · · Score: 2, Informative

    From the patent submission,


    The present invention simplifies the data modeling process and enables its full dynamic versioning by employing a non-hierarchical non-integrated structure to the organization of information.


    How exactly is XML non-hierarchal? Every bit of XML I've seen is all data contained in tags that is structured in a hierarchy of other tags. And if XML is hierarchal, then how do these patents apply to XML data, are they claiming it falls under the "non-integrated" data? Heck, I could throw together a text file and transfer the data over like that, and that would non-integrated. Are they planning on patenting plain text too? This is ludicris. Any tech company with a vested interest in software needs to voice their complains about the horrific software patent situation.

    --
    Tech, life, family, faith: Give me a visit
    1. Re:Patents don't apply to hierarchal data by AmericanInKiev · · Score: 1

      This is a submarine patent and as has been pointed out, uses an obscure bit of nonsense to lay claim to something obvious.

      AIK

    2. Re:Patents don't apply to hierarchal data by pinchhazard · · Score: 1
      This is ludicris. Any tech company with a vested interest in software needs to voice their complains about the horrific software patent situation.

      No, this is Ludacris

      Move bitch, get out the way
      Get out the way bitch, get out the way
      --
      Do you love freedom??? Do you love freedom!!! DO YOU LOVE FREEDOM!!!!!!!!
    3. Re:Patents don't apply to hierarchal data by Swamii · · Score: 1

      Yes, this is Ludacris as well

      Ho er'body, even the Mayor
      Reach out and grab for the ho zone laya'
      Hey ho, how you doin', where you been?
      Prolly doin' ho stuff, 'cause there you ho again!

      I knew deep down when I wrote the word "ludacris", some hip hop fan would post a asinine comment about it. Oh well. :-)

      --
      Tech, life, family, faith: Give me a visit
    4. Re:Patents don't apply to hierarchal data by Anonymous Coward · · Score: 0

      It's a way of pointing out your spelling mistake.

  33. These insane patents are a good thing... by RexRhino · · Score: 5, Insightful

    These insane patents are actually the best thing that could have ever happened. The way things are going now, there is going to have to be a major overhaul of the patent system. The instane patents have made it dramaticly clear that there is something wrong with the system (these are the tech equivelents of suing McDonalds because your kids are fat).

    Had companies been less aggressive in patenting and litigating nearly anything possible, the system might go on how it is now for decades. These people are making the patent system collapse in a way that those against software patents don't have the power to do.

    1. Re:These insane patents are a good thing... by ScrewMaster · · Score: 1

      These people are making the patent system collapse in a way that those against software patents don't have the power to do.

      Yeah ... but unlike the rest of us they are getting rich.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:These insane patents are a good thing... by djmurdoch · · Score: 2, Insightful

      People have been saying that for about 20 years, and the patent system hasn't collapsed yet. I think you should catch on: bad things are bad, they're not good.

    3. Re:These insane patents are a good thing... by Anonymous Coward · · Score: 0

      or the dumb woman suing mcdonalds because she spilled hot coffee on herself. Hello dumbass - you shouldn't drive with a cup of hot coffee between your legs.

      The woman should not have won. However, the USPTO is like a lot of juries -- clueless.

    4. Re:These insane patents are a good thing... by Maxo-Texas · · Score: 1

      For the 80 gazillionthe time...

      There had been many previous complaints that mcdonalds had settled so they knew it was an issue.

      The burns were very bad burns- not just "oh I spilled hot coffee" burns.

      The coffee was an insane temperature (like 175 degrees).

      The key fact is that it was a known problem mcdonalds had not fixed. It's like having a 3' fence around your pool. You may not be liable the first time some kid drowns but after that you know it is a problem and you are liable the second time one drowns if you ignored the problem.

      Facts here

      http://www.centerjd.org/free/mythbusters-free/MB_m cdonalds.htm

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    5. Re:These insane patents are a good thing... by s!mon · · Score: 1

      Read the facts of that case and you'll find out that (1) the burns were 3rd degree - thats really really fucking hot, (2) McDonalds was trying to hide the fact that they settled over 100 cases in which a person had severe burns because the temperature of the coffee. The judge did find that the woman was partially at fault, but slapped it to McDonalds for their conduct. On appeal, the court properly reduced damages - enough so the woman was able to pay for something like 80% of the medical costs.

      Ridiculous? Hardly.

    6. Re:These insane patents are a good thing... by efuzzyone · · Score: 1

      Its the people who have been saying this for 20 years, and not businesses. But, the way things are moving, this patent trolling thing, will force corporations (and consequently politicians) to act.

      --
      Creativity uninhibited www.kreeti.com
    7. Re:These insane patents are a good thing... by trendyhendy · · Score: 1

      The coffee was not at an insane temperature at all. Here is a good rebuttal to some of the standard claims about the case.

    8. Re:These insane patents are a good thing... by strikethree · · Score: 1

      (these are the tech equivelents of suing McDonalds because your kids are fat)

      oddly enough...

      http://news.bbc.co.uk/cbbcnews/hi/world/newsid_268 8000/2688065.stm

      mcdonalds HAS been sued by fat kids. the world is weirder than you can imagine.

      strike

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
    9. Re:These insane patents are a good thing... by Anonymous Coward · · Score: 0

      The danger is that there will be no such paradigm shift - i.e. there will just be more spurious patents awarded and the employees of a small tech company won't be able to wipe their own asses without paying a royalty to someone.

    10. Re:These insane patents are a good thing... by djmurdoch · · Score: 2, Insightful

      Its the people who have been saying this for 20 years, and not businesses.

      Sorry, I wasn't clear. People have been predicting the imminent collapse of the patent system due to ridiculous patents for about 20 years. It's still people who are doing that, and they're still wrong.

      Every one of these bad cases just establishes that this is the way things are. It strengthens the patent system, and makes it more resistant to common sense. Businesses don't care if patents are bad or good; businesses don't care about anything. Businesses are just machines designed to make money. If the patent system rewards ridiculous patents, then businesses will file ridiculous patents.

      Do you see any big companies saying that software patents are ridiculous, so they won't file them any more? No, you see them developing defensive portfolios of them. Now, if the USPTO came to its senses and declared all software and business-method patents to be null and void, those companies would suddenly suffer a huge loss in value of their assets. So it's not going to happen.

  34. GML by rlp · · Score: 2, Informative

    From Wikipedia: SGML is a descendant of IBM's Generalized Markup Language (GML), developed in the 1960s by Charles Goldfarb, Edward Mosher and Raymond Lorie.

    --
    [Insert pithy quote here]
  35. The response this deserves by MillionthMonkey · · Score: 4, Funny

    <?xml version="1.0"?>
    <bite attr="me"/>

    1. Re:The response this deserves by Anonymous Coward · · Score: 0

      Don't forget you need a root level element. Might I suggest

      <?xml version="1.0"?>
      <asshole>
      <bite attr="me"/>
      </asshole>

    2. Re:The response this deserves by handslikesnakes · · Score: 2, Informative

      Uhhhh... the root element can be empty. JFYI.

  36. Grounds for throwing the case out... by bot · · Score: 1
    ... abound.
    • The patents refer to "data modeling, storage and transfer in a particular non-hierarchical, non-integrated neutral form." XML documents, with a 'root' node, are by nature hierarchical.
    • Can you say prior art? SGML, which begat XML and HTML, dates back to the 60s.
  37. EEEE by Darksoftnet · · Score: 0, Redundant

    Yikes, that is some scary shit!

  38. Prior Art and them some. by BuffaloBill · · Score: 1

    Well PHI did that for us in our payroll product in 1968. John Cullinane and Gil Curtis generalized it for the rest of the world in 1970. You guys bought it as Culprit, Culprit-Audit....in fact we bought three flavors of our own product from them. Any way we thought SGML defined the product in a much more elegant way, and that resulted in HTML, XML, etc.etc.etc... I gonna patent the conversion of English to Sanscrit, you never can tell when it will become popular eh?

  39. Whitespace by markmcb · · Score: 1

    That's it, I'm going through with my patent on whitespace. You're all going down! Mwuhuahahahahaha!

    --
    Mark A. McBride -- OmniNerd.com
    1. Re:Whitespace by Cunk · · Score: 1

      GoAhead.ThinkOfAllTheSavedBandwidthAndDriveSpaceTh atWouldResultIfPeopleWereDiscouragedFromExcessiveW hitespaceUsage.

      --

      I am the inventor of the hilarious refrigerator alarm.
    2. Re:Whitespace by my+$anity++0 · · Score: 1

      I-would-never-let-you-do-that...

    3. Re:Whitespace by bdcrazy · · Score: 1

      Because slashdot added a space to your comment, are you or are you not violating the patent?

      --
      Tonights forecast: Dark. Continued dark throughout most of the evening, with some widely-scattered light towards morning
    4. Re:Whitespace by daeley · · Score: 1

      Nah, just do like me and use infrared spaces.

      'Course, when I get in heated discussions, they really *are* heated.

      --
      I watched C-beams glitter in the dark near the Tannhauser gate.
    5. Re:Whitespace by Anonymous Coward · · Score: 0

      Go ahead. C++ compilers don't care about whitespace anyway.

    6. Re:Whitespace by pyrrhonist · · Score: 2, Funny
      GoAhead.ThinkOfAllTheSavedBandwidthAndDriveSpaceTh atWouldResultIfPeopleWereDiscouragedFromExcessiveW hitespaceUsage.

      You forgot to:

      import java.text.*;
      first!

      --
      Show me on the doll where his noodly appendage touched you.
  40. Thank God by Anonymous Coward · · Score: 2, Funny

    Now we finally have an excuse to kill off XML.

  41. patent improvement by alzoron · · Score: 2, Interesting

    What I would really like to know with all these generic patent infringment cases is what happened to being able to make an improvement to an existing patent and being able to create a new seperate patent without infringing on the original?

    Example:

    There is a patent for a widget to generate a generic document for an electronic medium. I come along and come up with a widget based on the same ideas but generates documents specially suited for view on, let's say, a handheld computer.

    I would be using the same basic idea as the creator of the original widget, but with my improvements it has a much more specialized area, and performs in this area much better than the original could have.

  42. This won't stop... by AlltheCoolNamesGone · · Score: 1

    until it becomes an issue for non technical people (Joe Blow) and that won't happen until they patent something more insanely stupid than what currently has been patented and the Patent office upholds it.

    And I for one don't see that happening....

    Maybe somebody should hire Jack Thompson to sue the patent office; he just might be the only lawyer fanatically stupid enough to do it.

    --
    M$ it's whats for diner!!!!!
  43. I wonder who... by nagora · · Score: 0, Flamebait

    would bankroll something which is a direct attack on OpenOffice....hmmm?

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    1. Re:I wonder who... by MikeB90 · · Score: 1

      No one would. Name one major software company (MS included) that doesn't heavily use xml, soap, web serveices based on these things. This is just a desperate money grab. No conspiracy here

    2. Re:I wonder who... by nagora · · Score: 1
      Name one major software company (MS included) that doesn't heavily use xml

      Wait till the damage is done to the small fry; buy the patent (or just the whole company), go to bed safe in the knowledge that the monopoly has been protected for another while.

      But, actually, no. You're probably right.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:I wonder who... by lividdr · · Score: 1

      Not Microsoft - Office documents use XML, too.

      --
      Give a man a beer and he wastes an hour. Teach a man to brew and he wastes a lifetime.
  44. This is rediculous (sp?) by JordanL · · Score: 1

    You shouldn't be able to patent a concept of data. Data perhaps, but a type of data? Wouldn't any open standard be a 'neutral form'?

    1. Re:This is rediculous (sp?) by Anonymous Coward · · Score: 0

      "This is rediculous (sp?)"

      It wouldn't kill you to check your damn spelling.

    2. Re:This is rediculous (sp?) by JordanL · · Score: 1

      It wouldn't kill you to check your damn spelling.

      Oh but it would. Just about as much as it would kill MS to make Word load quickly.

  45. Somebody's Crying SCO by Anonymous Coward · · Score: 0

    Sounds a lot like SCO to me.

  46. Doyal Bryant is da New Hot Shit in Town by Anonymous Coward · · Score: 0

    Move over, Darl McBride, your days of glory are over. Get ready to be schooled by Wizard Doyal and his "Elemental patents" [sic -see Web site], now unleashing the power of D&D to annihilate tech companies using patents made of air, fire, water, and earth (but mostly air).

  47. Well, they still need dreamweaver... by twocents · · Score: 3, Funny

    Wow, so a company that claims a patent on xml uses Dreamweaver to build their Web site?

  48. SCO investing by wastedbrains · · Score: 2, Funny

    I am pretty sure that SCO is thinking about investing in this small company... Microsoft will probably just try to purchase this company... Open Source will show prior art to this company... All employess will be replaced by lawers at this company... All of the lawsuits will fail this company... Lawers will be the only ones to profit from this company... The lawers find a way to ruin every profession,or at least get a cut, much like how coders should be held accountable to all the security flaws of the code they write... yeah i would quite my job and claim patents the day that happens.

    --
    Dan Mayer: my blog, essays, art, etc
    1. Re:SCO investing by Anonymous Coward · · Score: 0

      Sounds like the current GOP philosophy. When all else fails, blame the lawyers! Why? Because everyone hates lawyers! (Until they need one or realize that without lawyers there would be no United States to begin with).

  49. Armchair Patent Attorneys by Peyna · · Score: 1

    Let the Armchair Patent Attorney contest begin! Whoever can come up with a conclusion based upon the least amount of evidence and reasoning wins one free week of 24 hours a day reading of patent applications.

    --
    What?
    1. Re:Armchair Patent Attorneys by Skowronek · · Score: 1

      Isn't this exactly how USPTO works?

    2. Re:Armchair Patent Attorneys by gstoddart · · Score: 1
      Let the Armchair Patent Attorney contest begin! Whoever can come up with a conclusion based upon the least amount of evidence and reasoning wins one free week of 24 hours a day reading of patent applications.

      That's a prize?? I'm not playing.

      Otherwise, I'd grab the copy of Goldfarb which is currently two feet from my head and show you in exactly which ways you couldn't possibly patent XML. A huge volume of prior art that existed in open specifications.

      But, then I'd be forced to read patents 24/7, and who wants to do that?
      --
      Lost at C:>. Found at C.
  50. Maybe, I'm just a cock-eyed optimist but... by badbrownie · · Score: 2, Interesting

    ... I like to imagine that the person claiming these patent rights is doing so to shake some sense into the whole system. They must Know that there's no chance they can win, but the attempt to do so will force some lines to be drawn that will help a million more ambiguous cases. Am I the only one to think that this patent claim is the best thing to ever happen to software patents.

    Bring it on so we can get clearer rules on when software patents have crossed over the line into the Land of Silly

  51. 4/1 by Anonymous Coward · · Score: 0

    hey wait, 4/1 isn't for a few months yet!

  52. "a small software developer" by Anonymous Coward · · Score: 0

    Please don't make fun of the vertically challenged.

  53. Years you say? by msimm · · Score: 1

    And yet you can't see how an IP attorney would suggest such a thing..

    :)

    --
    Quack, quack.
  54. Whoneedswhitespace? by Anonymous Coward · · Score: 0

    Icangetbywithoutitjustfinethankyouverymuch.

  55. Ha, ha, ha, ha...... by mc900ftjesus · · Score: 0

    This is great, all of these rediculous patents coming out are wonderful. Now MS, IBM, Google, and all the rest of the big dogs get to try to unfuck what they thought would be the best way to corner the market. Way to go patent happy companies, if you would have just tried to let the best code win you would have been fine but you had to patent everything in sight, now look at the mess you have to deal with.

    I'll fix the patent system, ready? You can only patent an implementation of an idea, not an idea. For instance, you can patent your code, but not what it does. Or just hire some people down at the USPTO that aren't total fuckwits that understand this concept to begin with.

  56. I've got news for you by thesnarky1 · · Score: 1

    I recently patented the use of two numbers, 1 and 0, and the use of them in representing a set of data or instructions. Along those lines I also copyrighted two digital songs, one consisting of the bit 1, and the other consisting of the bit 0. Since every peice of digital music repeats my songs more then 4 times (a whooooole lot more) every song is is copyright violation and owes me big. *shakes head* Will we NEVER see the end of these riduculous claims of copyright/patent/whatever-you-want-money-for infringement?! These are getting just plain absurd, as many of the comments above have pointed out, XML is based way earlier then '97, and its pointless for them to try and pursue this. I'm getting disgusted by the patent/copyright system in this country (from an American) and the greedyness people have in pursuing their (perceived) "rights". You can't wait 8 years, then all of a sudden realize something that many people are using is, in fact, your property, and you deserve money for it, that's plain absurd. Why didn't this come years ago, or were they living under a rock and not following tech developments? FTFA: "We're not interested in having us against the world. We're just looking for ways to leverage an asset; we have pretty concrete proof that makes us feel comfortable saying it is an asset," The first statement is quite pointless, because anything they try to pursue would be them "against the world" because of how many people use XML. Then 'leverage an asset' makes it sound like their patent is some way to get the company a ton of money (granted, a good reason to patent something) which *would* pit them against whoever is using "their product" due to infringement. *shakes head again* These stories of greed astound me, and for those who will aruge "well, if its true, they have a right to it", I'd say to read the dates on the patents (the newest is 2002) and wonder why they didn't pursue settlement back then? Greed is the only possible reason, plain and simple. Sure, they *might* have a case, is XML was started a few months later and not based on something decades older, but the fact is they don't.

    1. Re:I've got news for you by Anonymous Coward · · Score: 0

      I REALLY like your use of paragraphs.

  57. Be sure to see their code of ethics page by Mustang+Matt · · Score: 1
    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  58. Prior Art: 1960 by ENOENT · · Score: 2, Funny

    John McCarthy invented LISP.

    Since XML is just LISP S-expressions made ugly, there's your prior art.

    I guess they could try to patent ugliness...

    --
    That's "Mr. Soulless Automaton" to you, Bub.
    1. Re:Prior Art: 1960 by hobuddy · · Score: 4, Funny

      I guess they could try to patent ugliness...

      No good; there's prior art.

      (ducks)

      --
      Erlang.org: wow
    2. Re:Prior Art: 1960 by John+Nowak · · Score: 0, Offtopic

      You should duck -- All this Perl bashing drives me nuts. For parsing text files, no language is faster to code in. Perl bashing is for pansies that can't hack it. Rawr!!

  59. Scientigo is right! by Anonymous Coward · · Score: 0

    They definitely have a good case here.

  60. But the silver lining.. by Free_Trial_Thinking · · Score: 2, Funny

    Of course it would be nice if we could all get an excuse not to use XML ...

    1. Re:But the silver lining.. by SpyPlane · · Score: 2, Funny

      I thought the same thing. When I saw the topic, I said to myself "SWEET!".

      Then damn it all, everyone on slashdot in their IANAL garb squashed it.

      --
      "We need a fourth law of Robotics: Stop Fingering My Wife"
  61. ASCII? by 4Runner · · Score: 2, Insightful


    Isn't ASCII itself data transferred in a neutral form?

    1. Re:ASCII? by kcarlin · · Score: 1

      Isn't ASCII itself data transferred in a neutral form?

      Oh great! We had them stopped cold on the whole XML thing, and then you hand them the whole ASCII angle! Then there'll be EBCDIC! Pretty soon we'll be down to it being a patent acoherent audible signals and these guys'll have a patent on every school intercom system in the country!!! Stop the madness!!!

      --
      Free Adam Smith! (Or best offer.)
  62. I just can't stand it anymore... by Eric+Damron · · Score: 1

    "News.com reports that a small software developer plans to seek royalties from companies that use XML, the latest example of patent claims embroiling the tech industry."

    Yet another bogus patent claim from a jerk who thinks he'll get rich quick. I just can't stand it anymore. Somebody get a rope.

    --
    The race isn't always to the swift... but that's the way to bet!
  63. All Considering... by jferris · · Score: 1
    ...the argument is flimsy at best. It has already been established that SGML existed as prior art, and also that the first draft of the XML working standard predated the patent claims.

    With Microsoft investing largely in XML - more and more so with each product release - if it ever did make it to court, you can bet that Microsoft would sic the attack dogs on them and this would end very quickly. It would put Microsoft in a position to actually champion the common consumer. How often does that happen?

    --
    You are in a maze of little twisting passages, all different.
  64. Email their lawyer here: by Anonymous Coward · · Score: 0
  65. howdy neighbor! by gr8gatzby · · Score: 0

    wow. this company is literally across the road from me. anyone want some supersecret snapshots of the gatekeeper rentacop?

    --
    Hard work often pays off in time, but laziness always pays off right now.
  66. The solution by Eccles · · Score: 1

    I say we take off, and nuke these guys from orbit. It's the only way to be sure.

    --
    Ooh, a sarcasm detector. Oh, that's a real useful invention.
  67. software patenst are verifiably just acts and ... by 3seas · · Score: 1

    ... intent to commit fraud. The Fact we have a governing body supporting it doesn't help the matter but instead exposes what seems to be support for criminal actions.

    This XML pantent thing is of course fraudulent but its also good news in a round about way.

    It contributes to the exposure of this system of government supported fraud. For the bigger a software patent claim, as this is, the greater the pressure that builds up to what will be, in essence.... not a reform, not an overhaul, but a dumping of a government system that is NOT doing what it is supposed to be doing.

    When patents hurt the consumer benefit of competition, suppress technology advancement and worst of all promote fraud, then it is time to simply remove the system all together.

    I do not recognize software patents at all, but that doesn't mean I don't respect copyrights of the subject of patent.

    The US did not involve the people in its decission to allow software patents. That alone is a contridiction of the intents of "For the People, By the People" of which this country was formed.

    By its very nature, Software is NOT matter of patentability, it falls out of the scope of patents on core patentability qualifications. It is Abstract, It is a Natural Phenomenon of human consciousness that has simply moved from one media to another as we have developed such medias. From the grunts and sounds of unconscious (consciousness as defined by Julian Jaynes) human beings thru the technology advancements such as writing and all other forms of recording and playback or access of record to the non-static media of computing.

    Programming is tha act of automating abstract complexity. Done so for the purpose of making the complexity easy to use and reuse by the users of the complexity. It is a recursive act all the way down to programming by flipping switches... or machine language on up the "automation of complexity ladder" to the point where we are today and will improve upon tomorrow....

    This is a character attribute of being human, and regardless of whether or not you are using a computer. Establishing routines in your daily life or work process in order to simplify and perhaps allow your to think about other things, do other things, etc...No different than programming and the result of. This is the natural law of Man, who we are.

    Software Patents are Fraud, simply because at the core scope of patents, they do not fit voidance of the abstract, physical phenomenon or natural law.

    Fraud is the act of presenting something that is not what it is presented to be.
    The act of presenting an illusion with the intent of wrongfully taking from another.

    Software is copyrightable.

    Knowing this makes its very clear that when someone claims there is no IP protection for software if there is not software patents...... OBVIOUS Supporters of the software Patent FRAUD!!!

  68. Practical effect by Veteran · · Score: 1

    Other than stirring up a bunch of Slashdotters these patents will have no effect. Patents are an offensive weapon- unless you have a lot of money in back of you a patent is worthless.

    Back in the 70's there was a company which had a patent on memory used as a character generator. They threatened to sue everyone, even sent all of the computer manufacturers letters in an attempt to extort money from the manufacturers. Nobody even bothered to respond to the letters; the company was completely ignored, and the threats simply went away

    Up until the inventor of the intermittent windshield wiper the automobile industry had never paid one penny in royalties to an outside inventor; they simply stole whatever good ideas those inventors came up with, and otherwise ignored them.

    When the .inventor of the intermittent windshield wiper tried to sue them he couldn't find a lawyer who would take the case; the only reason he won was because he stubbornly bucked not only the automobile makers, but the court system - which deeply resents people who don't have lawyers.

    It took him many years, but he finally won money from the automakers. As far as I know he remains the only outside inventor to ever get royalties from that industry. HIS ROYALTIES WERE FOR A LEGITIMATE INVENTION WHICH WAS BLATANTLY STOLEN. That is hardly the case here: these guys have patents which would never stand up to any formal scrutiny at all. They are attempting to extort money from the gullible.

    Ignore them and they will simply fade away.

    1. Re:Practical effect by petermgreen · · Score: 1

      thing is you are now getting theese specilist patent firms that have the financial backing to see a patent case through and can't be forced to cross license because they don't actually produce anything.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  69. Age of XML by BlightShadow · · Score: 2, Interesting
    these patents, one of which was applied for in 1997
    from whois for xml.com
    Record created on 30-Sep-1996.
  70. How Does It Apply At All? by RobertF · · Score: 1

    Okay, besides the fact that the patent is for a non-heirachrial data format, and XML most certainly is Hierarchial, what about prior art? XML came out of SGML. And XML itself was already a draft by 1996! XML Draft Nov 1996

    --
    And that, my liege, is how we know the Earth to be bannana-shaped.
  71. Some judge needs to invalidate all patents by davidwr · · Score: 1

    The way the USPTO is understaffed, the "presumption of validity" of patents is open to question.

    Some judge needs to make such a ruling at least for certain industries like computer software. This would in effect open every affected patent open to "de novo" re-examination if challenged, either by the courts or by a hopefully-beefed-up patent reexamination board.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  72. Yeah, right... by Anonymous Coward · · Score: 0

    So the Open Office folks release 2.0.0 and throw down the gauntlet to Redmond about screwing with office document formats.

    The next day, some garage shop nobody's heard of before manages to get airplay with an outrageous threat to sue everyone using XML. Their front's statement reads like the same script Darl McBride's been spouting from for the last three years. And Microsoft "refuses to comment".

    Nah...there couldn't possibly be any connection now, could there?

  73. Patented delimited ASCII? by rewt66 · · Score: 1
    Oh, well, that's all right, then. There's no prior art for that from before 1997...

    [sarcasm off]

  74. Cheap Mass-Media Advertising by Durzel · · Score: 1

    Ok, so it's not the best press a company can get - but as the old saying goes, "Any publicity is good publicity".

  75. Message for Scientigo by spiderworm · · Score: 1

    <message> <to>Scientigo</to> <from>spiderworm</from> <body> ,,|,, do you really want to be the new SCOm of the earth? ps - your company's name is really stupid. </body> </message>

  76. Re:Generic is in the definitions by Ropati · · Score: 1

    Having read the patent, I too am stunned that they received a patent for this. The patent is far too broad and should have no authority.

    My arguement:

    The patent defines a data type as:

    Physical form property of a data value, e.g., numeric, alphanumeric, photo, drawing, sound, video, time series, geo-spatial, etc.

    So their patent applies to any data type. Which means prior art would apply to any data type. I propose that "web pages" are a data type within the patent definition and their properties, boldness, paragraphs, words pictures, etc. are all nuetrally stored and transmitted via HTML.

    They are trying to enforce this patent on database data information transfer, but I think the patent is too broad to be limit this view. These guys have a patent on the web, but the web is prior art.

    They should never have received it. Shame on the Patent Office.

    The only people to profit from this exercise will be lawyers.

    --
    machinator omnis sine licentia
  77. Doyal Bryant, CEO - Pretty Close to Darl by sstidhem · · Score: 1

    I bet they are the same person. Now it makes sense.

    --
    "I don't make up the rules, I just play by them." -- Me
  78. Microsoft pwnage? by Anonymous Coward · · Score: 0

    Microsoft uses alot of XML in their software, internally like Powerpoint and well I'm sure there're many more or even in Vista.

  79. Too Many Lawyers by waterlogged · · Score: 1

    It's my belief that patent law, and most cases in general don't come with a high enough penalty. I think that if someone wants to sue another. That, whatever they are seeking in damages would be applied back to them if they lose. Sort of like a wager. So if you want to sue for 50 million in damages for something... you better be sure you'll win or you get the 50 million dollar bill. This would greatly reduce the number of frivolus law suits that make it into the courtroom that block the "fair and speedy" trial we are promised. Obviously Criminal law would work differently. I have to say that I am really getting tired of the companies with the money making strategy of "sue everyone" to make the quarter. Go build something for a change. Sheesh. /end slashdot opinion

    --
    I couldn't fail to disagree with you any less.
  80. XML For Dummies by Anonymous Coward · · Score: 0

    XML is so fscking stupid. Let them have their stupid patent.

    Lets go EAGLES!!!! All the way!!!! EAGLES rock, everyone else sucks c0ck!!!

  81. syntax error by Anonymous Coward · · Score: 0

    That last tag should be "byte"

  82. Declare Jihad on Scientigo by Archimboldo · · Score: 1

    Or maybe on the USPTO. Mohammed, where's that IED?

  83. this is weird by Anonymous Coward · · Score: 0

    About a month ago there was a post from a person saying s/he worked for a company working on XML stuff. The poster was suggesting that her/is company was wading in the waters for the time when it would litigate using its XML patents. I think the target was supposed to be Microsoft's XML forthcomings. I wonder if this article has to do with the same poster.

  84. FUD? by Anonymous Coward · · Score: 0

    This reeks of FUD of the SCO flavor. Has anyone checked if M$ is somehow involved?

  85. IP might be the right wing's welfare issue. by hey! · · Score: 2, Insightful

    I can imagine patents and copyrights begin to gain the kind of unpopularity that welfare gained in the 70s and 80s. There are parallels. Welfare was meant to help the poor; but the programs were poorly designed. They there it was a short step to argue that the programs hurt the poor, aided by a few well chosen horror stories. Then a little banging of the idea's head up against a bedrock American values (self reliance), and you get the end of welfare as we know it.

    Patents are supposed to help the business climate, but the program is sloppy that it exerts a chilling effect on innovation. There are no shortage of horror stories to buttress this. The bedrock value you break the whole system on is freedom itself.

    Of course, the flaw in this scenario is the difference between the right and the left. We on the left have always been more of a crowd-type-mob than a mafia-type-mob. If there is no grass roots impetus, then there will be no movement.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  86. What about the Patent examiner responsible? by Anonymous Coward · · Score: 2, Insightful

    Shouldn't he/she be held accountable for any really STUPID decisions made?

    Jesus, the amount of prior art related to this patent, and its similarity to so many other very questionable tech-related patent grants makes one wonder: Maybe if the examiners had their butts held to the fire, maybe they would be more careful about what they grant patent rights to...

    ???

    1. Re:What about the Patent examiner responsible? by wolenczak · · Score: 2, Interesting

      Well, this guy managed to patent a color, yes a color, like in "blue"

      http://en.wikipedia.org/wiki/International_Klein_B lue

    2. Re:What about the Patent examiner responsible? by CastrTroy · · Score: 1

      The thing is, for all of us, who are in love with our computers, it's pretty obvious there is prior art. However, for someone not trained in the field, how are they really supposed to know there is prior art. How much time do they give the examiners to check on these things. Maybe, now its apparent to all of us that prior art exists, but think about people who lived in 1997. Would they have thought it was so obvious that there was prior art?

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    3. Re:What about the Patent examiner responsible? by Anonymous Coward · · Score: 0

      You'd never be able to patent a color in the US patent system. That International Klein Blue patent is a French one, and ghod knows what they'll let you patent.

    4. Re:What about the Patent examiner responsible? by mavenguy · · Score: 1

      Figure, roughly, on average, on the order of 20 hours per application, the actual figure depending on Grade/signatory authority level and the "complexity" factor of the art. This time includes almost everything regarding an application from the time it's first picked up to when it's abandoned or issued, including reading the specification and claims, planning and performing the search, considering any prior art submitted by applicant, formulating and writing office actions, reading responses and amendments, and handling subsequent office actions, etc.

    5. Re:What about the Patent examiner responsible? by CastrTroy · · Score: 1

      First, i'd like to know if your numbers have any real fact to them, or whether its just made up. Also, this kind of made me have a thought. If a patent application gets accepted, then your job is done. But if it gets rejected, it could possibly come back, with feedback from the person filing, about why it really should be valid, when you said it wasn't. You'd then have to either pass it, or go through the trouble of writing up a rebuttal to this, or something of the like. It's probably a lot less work to just let the patents slip through instead of actually researching any prior art and having it come back later to defend the prior art you found. Then again, it would probably just be best to sign Washington Irving on all those patents, and then you'd never have to see them again.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    6. Re:What about the Patent examiner responsible? by Jesus+2.0 · · Score: 1

      The United States does, however, allow you to patent a human gene.

    7. Re:What about the Patent examiner responsible? by Frodo+Crockett · · Score: 1

      By the late 1950s, Klein's monochrome works were almost exclusively in a deep blue hue which he eventually patented as International Klein Blue (IKB, =PB29, =CI 77007). As well as conventionally made paintings, in a number of works Klein had naked female models covered in blue paint dragged across or laid upon canvases to make the image, using the models as brushes. This type of work was called by Klein Anthropometry. Sometimes the creation of these paintings was turned into a kind of performance art - an event in 1960, for example, had an audience dressed in formal evening wear watching the models go about their task while an instrumental ensemble played Klein's 1949 The Monotone Symphony, which consisted of a single sustained chord.

      Sounds like Klein was a talentless attention whore.

      Klein is also well known for a photograph, Saut dans le vide (Leap into the Void) [1] , which apparently shows him jumping off a wall, arms outstretched, towards the pavement. Klein used the photograph as evidence of his oft-mentioned unaided lunar travel. In fact, "Saut dans le vide" was published as part of a broadside on the part of Klein (the "artist of space") denouncing NASA's own lunar expeditions as hubris and folly.

      And fucking barmy, to boot.

      --
      "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
    8. Re:What about the Patent examiner responsible? by Anonymous Coward · · Score: 0

      So what you're saying is that patent examination is worthless, anybody should be able to patent anything and fight it out in the courts? Afterall, this would only be a tiny step from the current situation. The litigation economy, I can hardly wait to see how long that one lasts.

      The truth is that patent offices should be liable for costs arising from invalid patents, but since patent offices are presumed expert they are often given undue influence over legislation. The world needs to wake up to this!

    9. Re:What about the Patent examiner responsible? by mavenguy · · Score: 2, Informative

      First, i'd like to know if your numbers have any real fact to them, or whether its just made up.

      Yes, they have some fact to them. I am an ex-examiner who left back in 1991. My "expectancy" was, as I recall, 17.4 hours/balanced disposal - a "balanced disposal" is the average of all first actions on the merits and all disposals (allowances, abandonments and appeal briefs). Thus, for each application, you get one count when you act on it the first time and another count when it's disposed. Thus, two counts divided by 2 = 1 balanced disposal, or, using a common formula expressed in the Office, (n + d)/2.

      If a patent application gets accepted, then your job is done. But if it gets rejected, it could possibly come back, with feedback from the person filing, about why it really should be valid, when you said it wasn't. You'd then have to either pass it, or go through the trouble of writing up a rebuttal to this, or something of the like. It's probably a lot less work to just let the patents slip through instead of actually researching any prior art and having it come back later to defend the prior art you found

      Yes, that is correct. Based on my explanation for how production is calculated. if an application is issued on the first action (i. e., no rejections, or formal objections or restrictions, etc.) then you get both a "new" count and a "disposal" count; one balanced disposal in one, relatively easy to do action.

      The only check against examiners just willy-nilly "putting a blue slip" on every application ( a reference to the old days when a small, blue colored multi-carbon form giving the classification data for the allowed application was stapled to front inside face of the case file wrapper) is what PTO management policies (both stated and actually done in practice) do. Since production is automatically monitored and tracked (religiously, along with other "assembly line metrics, such as acting on responses within two months of submission, first action on the oldest new application every two bi weeks, etc.), but checking the merits of the examination including the search area (which is recorded), evaluating all the prior art of record in the case, reading and understanding the application, and, most significantly, checking the prior art against the claims) is a lot of work for the supervisor, and with the upper managment's constant screaming to get pendency down, you can guess what gets emphasized and monitored like a hawk, and what gets decidedly pushed back as "nice to have", but "don't let it get in your way of making your numbers".

      The reaction to this by working examiners runs the gamut, as in any organization with multiple players. Some, clearly, just take the attitude "I'll just give them wnat they want". Depending on their orginizational political skills they know how not to raise alarms about pushing out work that "looks" shoddy; managers, who have to report to their bosses who are also monitoring the numbers of the units mangaed by their reports, quickly learn to take the attitude "you have to do the best job you can within the time alloted." These examiners usually get rapid promotions up the top working grade of "Primary Examiner" (The production requirememnts go up with each promotion) and are likely candidates to move into management, thus, perpetuating the management culture. Other examiners, realizing that the time provided is inadequate, work extra hours to meet the numeric metrics, and, if they still end up slipping and can't produce cosnsistantly over 100% end up being harassed by production-obsessed managers. Of course, such examiners tend never to make it to management, and, the first time they end a quarter with production below 95% (marginal) or 90% (unsatisfactory) they will immediately have actions taken against them. If they don't get over 95% they get fired, no matter how good their cases are.

      From what I've heard from a friend who still works there, t

    10. Re:What about the Patent examiner responsible? by mavenguy · · Score: 1

      Read my reply to CasTroy for a description of the working environment in the PTO.

      One of the cynical ideas that floated around the Office in the old days after a long, but fruitless search for something you just "knew" was obvious but couldn't find the prior art needed to justify your rejection was "Put it on the market!" or "Let the courts settle this" Remember, most examiners' dockets typically include many areas in the real world, each with their own little world of competitors, as wll as lone wolfs and oddballs. It's often tough to get to really learn what's going on in a given technical subculture, which is really needed to be savy in what's going on. It's even worse for examiners who's docket, while nominally small in terms the the subcasses assigned, does not have a cohesive community of people working in it, so that different aspects of a claimed invention could be scattered all over the place, making it harder to combine those references in an obviousness rejection and meet the current case law interpretation of exactly what kind of showing the prior art references have to expressly show to justify combining them. So, your hypothetical reference showing a restraining bar used to secure drinking mugs on a shelf might not be a good reference to use against a claimed restraining bar used to secure cue sticks for a billiard parlor cue stick rack in the hypothetical patent application; the applicant will argue "non-analogous art" and, given the current legal environment, will prevail. So, you either try even more searching for a "magic bullet" in the billiard rack art, or jsut say "I can't spend forever looking for this; I've spent too many hours and got nothing; it's stupid, but I have to allow it" and move on, knowing that evenf with your diligent searching you now have even less time to work on other applications in order not to let your production slip, with the consequences stated in my other post.

    11. Re:What about the Patent examiner responsible? by Eccles · · Score: 1

      Can you combine the two and patent a blue gene?

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
  87. Quote by Anonymous Coward · · Score: 0

    Nice matching quote at the bottom:
    The more laws and order are made prominent, the more thieves and robbers there will be. -- Lao Tsu

  88. Time for the mob... by Lost+Found · · Score: 2, Funny

    How about we just start an international mob whose purpose is to brutally murder anyone greedy enough to file patents and attempt to enforce them in obnoxious ways? We could grow our business by moving onto broader issues like human rights.

  89. If the patent system was abolished by Mistshadow2k4 · · Score: 1

    I think the official announcement should be that it died of abuse.

    --
    I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    1. Re:If the patent system was abolished by Anonymous Coward · · Score: 0

      If Wile E. Coyote had enough money for all that Acme crap, why didn't he just buy dinner? That's just it....He didn't have money and that is why bought the cheap ass Acme stuff, which NEVER worked.

  90. Hahahahahah!!!! by nyxon · · Score: 0, Offtopic

    HAHAHHAHAHHAHAHhahahhahahahhahahahhahahahahahhahah ahahahahhahahahah.............. What a retard... - nYx

  91. NON-HIERARCHICAL by Bad+Boy+Marty · · Score: 1

    Both patents use that word, and while some could argue that XML *can* also be hierarchical, I believe that on that basis alone, any attempt at a patent infringement case would be summarily dismissed with all court costs assessed against the claimant (right word? I ain't no lawyer; I mean patent owner). Of course, the other likely possibility is that any lawyer bringing such frivolous litigation may well be taken to task by the judge and/or suffer various forms of castigation by his/her/its Bar.

    Is it really true that less than 0.0001% of /. readers actually click on the links in an article?

    --
    RHCE; are you certified? Karma: ambiguous.
    1. Re:NON-HIERARCHICAL by ikewillis · · Score: 0
      Is it really true that less than 0.0001% of /. readers actually click on the links in an article?

      No, I think it's just indicative that you didn't read the other comments before posting. The timestamp on that +5 comment is nearly an hour before you posted yours.

    2. Re:NON-HIERARCHICAL by Bad+Boy+Marty · · Score: 1

      In fact, when I *started* to post, the referenced article hadn't been posted. Alas, some of us actually have work to do, and I was distracted by a soon-to-be-ex-coworker pulling the power cord for the mail server out of the UPS. Don't even ask.

      --
      RHCE; are you certified? Karma: ambiguous.
    3. Re:NON-HIERARCHICAL by Anonymous Coward · · Score: 0

      Non-hierarchical in this case may mean merely "not necessarily hierarchical," and XML can be non-hierarchical as well. It doesn't matter, though, if this patent affects XML, it affects SGML, which does all the same things except two minor changes that were obvious (and so not patentable), and SGML predates the patent by decades.

  92. Scientigo's Business Plan... by errxn · · Score: 2, Funny


    <?xml version="1.0" encoding="utf-8" ?>
    <businessPlan>
          <items>
                <item id="1">get troll patent</item>
                <item id="2">make frivolous claim</item>
                <item id="3">???</item>
                <item id="4">profit!!!</item>
          </items>
    </businessPlan>

    --
    In Soviet Russia, Chuck Norris will still kick your ass.
  93. SCientigO or RIAA? by Anonymous Coward · · Score: 0

    The name has a few more letters than SCO, but their tactic seems like RIAA's...

    1) Claim we use/have something of their's that they claim we should not be using

    2) Hire a third party to do the "shakedown" (law suits)

    3) Profit!

  94. barf by lolife · · Score: 1

    I am so fucking sick of this crap. The patent system is critically broken and they are apparently relying on litigation to fix it. Lame, lame, lame. Maybe I'll patent commucation through a viscous medium by oscillation of neighboring molecules to reproduce pressure waves across distances.

    That's it! I have the patent for sound.

    Michael
    http://www.lolife.com/

  95. ASN.1 -- More Prior Art by engywook · · Score: 5, Interesting
    Seems to me that ASN.1 also would represent some fairly significant prior art.

    Quotes from that web site:

    • Abstract Syntax Notation One (ASN.1) is a formal language for abstractly describing messages to be exchanged among an extensive range of applications....
    • ASN.1 was first standardized in 1984 by the CCITT (International Telegraph and Telephone Consultative Committee, now called ITU-T, International Telecommunication Union - Telecommunication Standardization Sector) under the name "X.409 Recommendation".
    --
    "This signature quote intentionally left blank"
    1. Re:ASN.1 -- More Prior Art by peterKslashdot · · Score: 1

      I really don't understand why ASN.1 has been so easily forgotten and left behind, even as people are suggesting binary XML techniques to speed up data transfer and processing. XML is a slightly more friendly implementation of the ASN.1 concepts, which predate XML by more than ten years, as you point out. [I would mod you up but I don't have any mod or metamod points right now.]

    2. Re:ASN.1 -- More Prior Art by ameoba · · Score: 2, Informative

      Getting kicked in the balls by an army of midgets in steeltoed boots is "slightly more friendly" than ASN.1

      --
      my sig's at the bottom of the page.
    3. Re:ASN.1 -- More Prior Art by powerlord · · Score: 1
      Getting kicked in the balls by an army of midgets in steeltoed boots is "slightly more friendly" than ASN.1


      Only if you've had to compile a bay networks MIB out of its pieces on a less than "robust" compiler (doubly so if the mib is for a device they from a company that they 'aquired').
      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
  96. Could be a good thing by codefool · · Score: 1

    If these ducks awaken a large enough giant, maybe said giant will finally get the patent system changed. I mean, really, who here wouldn't reach for the 'rejected: prior art' stamp after the first reading?

    --
    "Stop whining!" - Arnold, as Mr. Kimble
  97. The problem I see by shareme · · Score: 1

    The prolbem I see is that Tim Bray on his own labs blog in the early 1990s did detail xml long before these patent applicaiton dates.. Can we say whoops?

    --
    Fred Grott(aka shareme) http://mobilebytes.wordpress.com
  98. Scientigo code of ethics by Anonymous Coward · · Score: 0

    Apparently they're having a little trouble working it out:

    Scientigo, Inc
    Code of
    Ethical Conduct

    Coming soon.

    http://www.scientigo.com/web-content/Investors_cod eofethics.html

  99. Am I too late? by jswalter9 · · Score: 1

    covering the transfer of 'data in neutral forms.'

    Am I too late to patent plain text?

    --
    Retired from software... maybe. Sort of.
  100. why should they not sue? by towaz · · Score: 1

    Seems they have not got around to actually deciding on business ethics yet; so is the perfect time. :)

    http://www.scientigo.com/web-content/Investors_cod eofethics.html

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - Voltaire
  101. I note that you have used a "zero" character. by Bozdune · · Score: 1

    My patent #145,623,623,125 covers the use of

    "... zero as a placeholder for the digits of the decimal or other arbitrary number system, including, but not limited to, octal, hexadecimal, and binary."

    I note that you have used a zero in your post, as a place holder for the "ones" digit of the decimal number "thirty."

    Please remit $5 to PayPal account #34213, or you will be served with a cease-and-desist order as soon as I can get my fat head out of my ass. Thank you.

  102. I am conflicted about this... by alispguru · · Score: 1

    Half of me says this is ridiculous, given that there is prior art for a universal representation of hierarchically structured data going back to, say, 1959.

    The other half of me says that if we're lucky, this might kill off XML and encourage use of simpler data representations, including my personal favorite.

    See my signature below for more flamebait.

    --

    To a Lisp hacker, XML is S-expressions in drag.
  103. Shouldn't they have defended their patent earlier? by SilverJets · · Score: 3, Insightful

    Why isn't there some sort of time limit on how long you can sit back before choosing to file lawsuits against companies over patent infringement? XML has been in widespread use for at least 2 years if not longer. This company had to know it was out there and being used. So, they had to know it infringed on their patent.

    Why didn't they stand up and say anything earlier? Oh yeah...because back then it would have meant alot less money to be gained. Doesn't this amount to blackmail? Or borders on racketeering?

  104. March 25th, 1998 by catmistake · · Score: 1

    ah, someone beat you to the punch, there
    [theonion.com]

  105. How about gaseous molecules in neutral form by queenb**ch · · Score: 2, Insightful

    Let's apply for a patent for a netural gas with the following composition:

    Nitrogen - 78%
    Oxygen - 21%
    Argon - 1%
    Carbon Dioxide - .03%
    Neon - .002%
    Methane - .0002%
    Helium - .0005%
    Krypton - .0001%
    Hydrogen - .00005%
    Xenon - .000009%

    Wanna guess what I'm gonna do if I can get a patent on that?
    <start evil laughter>
    All of you will be my slaves and I will rule the world!!!
    <end evil laughter>

    Queen B

    --
    HDGary secures my bank :/
    1. Re:How about gaseous molecules in neutral form by Valacosa · · Score: 1

      You can keep your filthy "air", I've already patented oxygen.

      Come to think of it, you're infringing on my patent...

      --
      "Live as if you'll die tomorrow." Ridiculous. You could die later today.
    2. Re:How about gaseous molecules in neutral form by Maiko · · Score: 3, Funny

      Wow... this neutral gas is a true innovation... seeing as when you add all the parts together, it's 100.032859%

      "Air 1.2 - Now with 0.032859% More Wow Factor"

      --
      I am the breaker of Chairs!
    3. Re:How about gaseous molecules in neutral form by An+ominous+Cow+art · · Score: 1

      Eh? Talk to the plants and algae, I don't manufacture air...

    4. Re:How about gaseous molecules in neutral form by vettemph · · Score: 3, Funny


      >>> Methane - .0002%

      I'll patent air with Methane > 5%
      Anyone who produces this will owe me an ass-load of money.

      --
      The government which is strong enough to protect you from everything is strong enough to take everything from you.
    5. Re:How about gaseous molecules in neutral form by CastrTroy · · Score: 1

      you should learn a bit about significant digits. Obviously not all the numbers are accurate to the same number of decimal points. Also, if this guy patents this, then we can just all start driving our cars more, and change the levels of gases in the atmosphere.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    6. Re:How about gaseous molecules in neutral form by OrangeTide · · Score: 1

      That's a very useful formula for a gas mixture. I mean you could do amazing things like support life with it. That's got to be worth something. I figure I need about 11,000 Litres of the stuff at 1 ATM every day. So could I license a 1 year supply (4 megaliters) from you, and if so how much would that be?

      --
      “Common sense is not so common.” — Voltaire
    7. Re:How about gaseous molecules in neutral form by B747SP · · Score: 1
      and change the levels of gases in the atmosphere

      *sniff *sniff* Who farted?

      --
      I find your ideas intriguing and I wish to subscribe to your newsletter.
    8. Re:How about gaseous molecules in neutral form by jZnat · · Score: 2, Funny

      So you're asking for methane in return? *farts in your general direction*

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    9. Re:How about gaseous molecules in neutral form by Maiko · · Score: 1

      I learned about Significant Figures in school. And decimal places too. Since the original list of ingredients neglected to state that Significant Figures should be used with any following calculations, I didn't feel a need to use them.

      --
      I am the breaker of Chairs!
  106. Human genome by Intron · · Score: 1

    I'm publishing a DTD for expressing the human genome in XML. Then we can sit back and watch the patent fight between these guys and the gene patent guys.

    --
    Intron: the portion of DNA which expresses nothing useful.
  107. How abstract can a patent be? by baka_boy · · Score: 4, Funny

    From patent #5,842,213:

    One skilled in the art will appreciate that preferred embodiments of the method of the present invention may take on many different forms depending on the particular application intended. In light of this, the preferred embodiment presented here has been designed primarily to teach many of the important aspects and implications of the method of the present invention in a context which can be readily learned. Once taught the method, one skilled in the art will appreciate many alternative and preferred means for implementing individual aspects of it, depending upon their specific purpose.

    After re-reading that a few times, I think I've figured out that it's basically saying that this isn't an invention, it's a philosophy. This is so fscking general it could be equally validly applied to hypermedia, or frame logic, or tuple spaces, or any of the thousands of schema-less data representation models out there.

    Really, the whole patent begs the following three obvious questions:

    1. What was the author of this patent smoking?
    2. What was the reviewer who approved it smoking?
    3. Can I have some of #1 and/or #2?
    1. Re:How abstract can a patent be? by Optic7 · · Score: 3, Insightful

      Hmmm... sounds like a kung-fu movie dialog:

      cut to Shaolin Temple:

      Master Li:
      One skilled in the art will appreciate that preferred embodiments of the method of the present invention may take on many different forms depending on the particular application intended. In light of this, the preferred embodiment presented here has been designed primarily to teach many of the important aspects and implications of the method of the present invention in a context which can be readily learned.

      Grasshopper:
      But Master, how will I use these techniques?

      Master Li:
      Once taught the method, one skilled in the art will appreciate many alternative and preferred means for implementing individual aspects of it, depending upon their specific purpose.

    2. Re:How abstract can a patent be? by Anonymous Coward · · Score: 0

      You don't know anything about writing patents. It's standard text. It means the embodiment is just an example and you could do it other ways within the scope of the claim.

  108. This is actually 'good' news. by Joh_Fredersen · · Score: 2, Interesting

    This was of course, *bound to happen... sort of like !Russia !USA gaining nuclear weapons
    What's needed now in my opinion, is a patent ban treaty, between the major patent holders, ie, a means
    to totally get rid of patents once and for all.

    It's rather ironic that Microsoft, which is attempting to curry public favour by stating "Patent reform" whilst still
    attempting to patent things like a "text editor" interacting with XML
    http://blog.cfdl.auckland.ac.nz/archives/brent/0 00005.html
    will in fact be the most likely target of this insane patent.

    The arguments against patents have been won, Europe will not implement patents and even the beast (Microsoft) admits that the patent system is broken, hardly surprising when one considers that Microsoft looks increasingly likely to have to fork over some $500 million to Eolas, http://www.theregister.co.uk/2005/09/30/uspto_upho lds_eolas_patent/

    In the final analysis, I think the only debate will be *how* patents will be reformed, and when... not if.
    It's enivatible I think that the largest patent holders, when stung often enough by the little guy will lead the drive to all but abolish software patents.

    Indeed for Microsoft and IBM and companies of similar patent stockpiles.. patents will be useless.. IBM and Microsoft can't or won't *war* with each other over patents.. but, each is vulerable to some pipsqueak developer, who claims to have patented the latest trendiest "ungabunga" technology.

    Waiting for Al Gore [1], to assert patent rights on the Internet.

    [1] You remember Al Gore.. the guy who won the election in 2000 don't you?
    /somewhere an O.B.I.T. logs my defiance of our benavolent^^^^^elected leaders.

  109. So, nobody read the patents yet...? by julesh · · Score: 2, Informative

    The first patent (5,842,213) doesn't cover all applications of XML. It might cover some, however. The most relevant claim is this one:

    11. A method of transferring data in electronic form from a computer comprising the steps of:

    a) organizing and storing the data in neutral form that is to be transferred;

    b) organizing and storing the names, definitions and properties of the structural tags used to express the data in neutral form; and

    c) transferring the data expressed in neutral form along with the names, definitions and properties of the structural tags that make up that neutral form data.


    Which sounds to me like it would cover transferring XML with a schema embedded within the document, or transferring both the document and linked schema at the same time. Other uses of XML would still be allowed.

    This claim is probably too general to survive reeximanation, though. It basically amounts to "transferring data and information about how the data is structured together". I'm sure somebody with a better knowledge of IT history than me can very easily name some prior art for that one.

    12. The method of claim 11, wherein the names, definitions and properties of the structural tags used to express the data in neutral form are themselves treated as data and expressed in neutral form.

    The schema is encoded in the same format as the data. Also a relevant claim to XML with embedded schemas. Rules out prior art that transferred data and a program that could process it together, unless the program was expressed in a similar structure to the data (LISP programs might count here).

    13. The method of claim 11, further including the steps of:

    a) adopting a compatible system of data typing;

    b) using the system to express in neutral form both the data values of a set of information being transferred and the names, definitions, and properties of their associated structural tags; and

    c) combining and transferring both the data values and the names, definitions and properties of the structural tags of the data values in a single neutral form transfer file.


    I don't quite follow this one. Anyone got any ideas what it means?

    14. A method of incorporating neutral form data values and the names, definitions and properties of their associated structural tags into an existing computer environment comprising the steps of:

    a) comparing the names, definitions and properties of the components of the structural tags of the data values with those present in the existing environment;

    b) entering a data value structural tag component name, definition and properties into the dictionary system of the existing environment if it is not already present; and

    c) recording equivalency where a structural tag component in the dictionary system of the existing environment is found to be different but equivalent;

    d) thereafter, adding the data values into the neutral form file of the existing environment.


    Merging two XML files by combining their schema, then combining their data.

    15. The method of claim 14, wherein the neutral form data values are new data values.

    16. The method of claim 14, wherein the neutral form data values are transferred data values.


    Different reasons why you may want to do 14.

    17. The method of claim 14, further including the step of incorporating a unique authoring designator of the originating environment during the naming of components of structural tags to insure a lack of overlap between the structural components of a data value and those in the existing environment.

    Could be construed to cover XML namespaces, if you read it right. This stands a chance of being novel, seeing as XML namespaces had not been implemented in '97 when the patent was filed.

    The second patent seems less relevant -- it seems to relate to the same application that the first patent covered, but doesn't seem to add much to it that is relevant to XML. It is worth noting that the second is explicitly about a data serialization format, probably fairly similar in scope to the Java's java.io.Object[Out/In]putStream classes.

    1. Re:So, nobody read the patents yet...? by vrmlguy · · Score: 1
      Which sounds to me like it would cover transferring XML with a schema embedded within the document, or transferring both the document and linked schema at the same time. Other uses of XML would still be allowed.

      The schema is encoded in the same format as the data.

      These are described in queston 6 on page 14 of RFC 1014 (External Data Representation), June 1987. http://www.ietf.org/rfc/rfc1014.txt
      --
      Nothing for 6-digit uids?
    2. Re:So, nobody read the patents yet...? by Decker-Mage · · Score: 1

      I *think* that (13) would cover the specialized XML's that are being created that have well defined namespaces (types), which leads you to (14) and (17). But that's my interpretation and I still think the examiner who issued this should have his/her head examined.

      --
      "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
  110. I call shotgun! by Anonymous Coward · · Score: 0

    I call shotgun ...I get to ride in the up-front passenger seat!!! Oops, we are talking about patents aren't we... SHOTGUN! I got a patent on that... thingie over there that has now become popular and now I want to cash in..... except you have to forget that XML came along before my patent was filed....and the stuff about inter-operability...you have to ignore all of that inter-operable ascii stuff that came before. But if you drop all of those prior art claims and stuff, then yeah, I'll be in the millions, millions, millions I tells ya!

    More seriously, there should be a 1 million dollar fine for stupid patent claims. That would send the greedy little patent-o-matic small fry crying home to mamma!

  111. maybe we get lucky by idlake · · Score: 1

    If we keep our fingers crossed and don't mention the obvious prior art, maybe we get lucky and this thing kills XML. Then, we can go back to the prior art systems, like s-expressions, which were actually a lot nicer and a lot simpler than XML.

  112. Don't anybody tell Jon Bozak by kaaona · · Score: 1

    For years he's been under the obviously mistaken impression that XML was his invention. Ref http://www.ibiblio.org/pub/sun-info/standards/xml/ why/xmlapps.htm .

  113. Worst company name ever. by Anonymous Coward · · Score: 0

    What the hell kind of name is 'Scientigo'? It's a bastard child of a marketing brainstorm that erupted in a sea of crappy names.

    Why not call it Synergistix or Fabutechlous or something else just as stupid.

    Oh I know, maybe Shitepatentprofitigo.

  114. 'data in neutral forms' by grumpyman · · Score: 2, Funny
    'data in neutral forms'

    I own patents on ASCII, duh, hand over your money, NOW!!!

    BTW, you all still own me royalty on my patents on 'Respiration', the process of converting oxygen to energy. I will withdraw my pending lawsuit on the entire mankind, only if the reasonable royalty of 'dollar-per-breath' is paid, or 5-for-$3.99.

    1. Re:'data in neutral forms' by mikek3332002 · · Score: 1

      So You should be suing them for making a pice of work (xml) that infriges on your writes

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

    "That's why McDonalds sues everyone who uses a "McSomething", because to protect their brandname, and trademarks, they have to."

    Well I just had a McIdea...aw, crap. Seriously I figured the Anti-XML crowd would be throwing a party, and calling up Netcraft about now?

  116. McCarthy's Prior Art by Glomek · · Score: 1

    I wonder if the Common Business Communication Language counts as prior art: http://www-formal.stanford.edu/jmc/cbcl.html

  117. frivolous patent lawsuits by Anonymous Coward · · Score: 0

    why still legal?

  118. what bull***t by museumpeace · · Score: 1

    "...versioning by employing a non-hierarchical non-integrated structure to the organization of information. This is achieved by expressing data modeling, storage and transfer in a particular non-hierarchical, non-integrated neutral form...
    XML is pretty strictly hierarchical. its schema or their equivilent DTD are essentially a set of grammar production rules, a NESTING of structures. these bozos are talking about something not just vague but quite different in their patent.

    --
    SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
  119. SGML anyone? by theolein · · Score: 1

    If there was ever an obvious prior art in one of these bullshit hairbrained patent suits, it is SGML, of which XML is a subset (and html originally too, although the browsers let the strict compliance slip). SGML has been around for a long time.

    In any case, stuff like this shouldn't be allowed to proceed. It's pure and simple bullshit tactics on the part of companies that otherwise have no real product.

  120. Barratry by Anonymous Coward · · Score: 5, Informative

    Since I'm sure I'm not the only person who had to look this up. :)

    barratry (br'-tr)
    n., pl. -tries.

    1. The offense of persistently instigating lawsuits, typically groundless ones.

    2. An unlawful breach of duty on the part of a ship's master or crew resulting in injury to the ship's owner.

    3. Sale or purchase of positions in church or state.

    [Middle English barratrie, the sale of church offices, from Old French baraterie, deception, malversation, from barater, to cheat. See barrator.]

    1. Re:Barratry by bleckywelcky · · Score: 1


      If this ever goes to court, the company should expect their lawyers to be prosecuted for an unlawful breach of duty on the part of a ship's master or crew resulting in injury to the ship's owner.

      I don't understand.

    2. Re:Barratry by Xformer · · Score: 1

      You were dropped on your head as a child, weren't you? There are other definitions there...

      --
      All I want is a kind word, a warm bed and unlimited power.
    3. Re:Barratry by bleckywelcky · · Score: 1

      *SWOOSH* ... that's the sound of the joke doing 120 mph over your head.

  121. PatentDot by eth1 · · Score: 1

    "These people are either overwhelmed by the number of claims and have no time to do the proper research before granting a patent, or they are are just plain stupid. I'm going to be generous and assume that these examiners are given a quota that they have to have resolved each week and that they haven't the time or resources to validate every claim. There is probably also a lack of expertise in the USPTO to properly vet the claims made in these applications."

    So, what they need to do is set up a SlashCode site, post the patent filings as articles, and let the public post comments and references to prior art which get moderated so they don't have to dig too far. After two weeks, they can review and process them. Simple :)

  122. What about EDI? by madstork2000 · · Score: 2, Informative

    I got my start in the tech business doing support for an EDI software company- For those not aware EDI - Electronic Data Interchange - was setup to allow business to business transactions before the internet was widely popular. When I was working with EDI , there were several main communication networks, which were really nothing more than an overly complex electronic mailbox. These networks were a royal pain in the ass because they all had different communicatioon protocols, usually worked with only specific brands of modems, and could be accessed with only very specific software.

    Amazing what huge companies can force their little vendors to do. Anyway, the EDI documents where essentially text documents that where defined according to a standard. The definitions where often "modified" by the companies and its partners (causing moe headaches for software vendors). But the bottom line is EDI at the end of the last century filled a niche that XML has made **MUCH** simplier. In fact XML was one of the reason why I changed my focus and got out of EDI, I saw that the Internet and XML specifically were going to make EDI nothing more than a legacy dinosaur.

    -MS2k

    1. Re:What about EDI? by Decker-Mage · · Score: 1

      It may be a legacy dinosaur but I don't think that fact has reached its brain yet ;-).

      --
      "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
  123. I hear XML is like violence... by mrjb · · Score: 2, Funny

    if it doesn't work -- use more.

    --
    Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
  124. But does it matter? by sterno · · Score: 3, Insightful

    The thing that's bad about this is that assuming these guys have enough money to front the lawyers they can sue their way into riches regardless of whether it's a valid claim. All they do is send nastygrams to a bunch of small companies they believe to be infringing on their patent seeking royalties. Invariably a number of those companies will pay up to avoid the potential of open ended legal battles.

    So in the 90's it was:

    1) Do something cool
    2) ...
    3) Profit

    In the 00's it's

    1) Do something somebody else did before
    2) Sue everybody who already did it
    3) Profit

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:But does it matter? by Anonymous Coward · · Score: 0
      Although it's quite a bit different, this case really reminds me of the pay-as-you-go phone suit discussed just a couple days ago, except in that case it was more like:
      1. Patent pre-existing idea for new medium.
      2. Discover you don't have the balls to be an entreprenuer with it. Tell your idea to somebody with balls who's independently developing an idea similar to yours.
      3. Form a legal company "specializing" in cases related to said idea and sue the guy you told
      4. Profit
      5. Become semi-famous when 3/4 million nerds on Slashdot trash talk your sliminess
    2. Re:But does it matter? by nwbvt · · Score: 1
      At least until the IBMs, MSs, and Suns in the world counter sue and drive them into bankruptcy.

      And remember when SCO tried to charge royalties for Linux? I think only two small companies actually agreed to pay something. Small business owners are not that gullible.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    3. Re:But does it matter? by ultranova · · Score: 1

      And remember when SCO tried to charge royalties for Linux? I think only two small companies actually agreed to pay something. Small business owners are not that gullible.

      The grandparent didn't say that they are gullible, he said that they can't afford to defend themselves in court and therefore have to settle, whether they think they are right or not.

      Nice justice system you have there in America ;(.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    4. Re:But does it matter? by nwbvt · · Score: 1
      Then why didn't more companies buy rights to SCO Linux to avoid paying potential court costs?

      I can attempt to sue anyone I like. That doesn't mean it will ever go through or that they have to take it seriously. And yes, that is a nice feature of the American justice system, that individuals and companies who feel they have hurt have the ability to seek reparations through the legal system.

      And before you start bullshitting about how this is an instance of big business bullying around the little guys with their rich lawyers, please try to RTFA. Or at least just the title, it doesn't have too many big words. This is one of the little guys.

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  125. I can't wait for my patent to come through... by IgLou · · Score: 2, Insightful

    On sending data via an electronic mechanism... come on, if this doesn't get smacked down thoroughly I'll get royally pissed!

    There is so much wrong with this I can't even begin!! Freakin' misuse of patents by doughheads who seek to make money on other people's efforts!

    GRR!

    --

    Oops, how did this get here?
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  126. Re:Shouldn't they have defended their patent earli by ucblockhead · · Score: 1

    Yes. They have 17 years to defend it.

    --
    The cake is a pie
  127. Someone's... by f8l_0e · · Score: 1

    server is asking for a slashdotting. Shall we oblige?

  128. I wish to join The LOL Consortium. by Anonymous Coward · · Score: 0

    Consider this my application:

    LOL FIREFOX EXPLOITS LOL

  129. MOD PARENT AWESOME by Anonymous Coward · · Score: 0

    I will donate ten thousand dollars to the charity of CmdrTaco's choice if someone makes this movie.

    (Just kidding.)

  130. Re:software patenst are verifiably just acts and . by fenris_23 · · Score: 1



    That is an interesting take on it. But would not any tool or medium, by your definition, be the transferal of human thought and action to a different medium?

    There is Action Theory which describes the development of tools through the interaction between Acts (intentions), internal actions (thoughts, ideas), and external actions. Tool refinement is a major component of this theory whereby tools are created to meet some Act, by the interplay between internal and external actions. Tools themselves are physical manifestations of that interplay. They are also refined and become a major component of our thought process. This, according to the theory, is because external artifacts, like tools, are inextricably related to internal actions like our theories and ideas. This relates to XML in that the concept of an extensible markup to impose structure to flat data, and the way in which we do it, are too related to be kept separate.

    Therefore, a patent on the idea of something necessarily imbues purvue over any tool or technology that reflects that idea. Such patents themselves are tools of a sort and I think it is worth considering just what Acts they must have been developed to realize.

  131. Re:Two words by Anonymous Coward · · Score: 1, Funny

    Oh dear, only two words and you got one of them wrong.

  132. WTF? by autopr0n · · Score: 1

    XML documents are SGML documents, and SGML has been around a lot longer then 1997. In fact, SGML was the model for HTML (and, I think the original HTML spec was a subset of SGML as well)

    --
    autopr0n is like, down and stuff.
  133. Let's just blacklist them by Anonymous Coward · · Score: 1, Interesting

    OK. I'm just getting sick of stupid patents. There's no fricking way anyone's going to convince pointy haired types that software patents are a bad idea. But there's no excuse for the morons that agree to sign their name up as an inventor for a patent.

    So, in the interest of not hiring morons, why don't we just keep a database of all the people listed as software patent inventors and agree not to hire them. Put your name up against a patent and it's harder to find a job...

    OK. It'll never work... But I have successfully managed to block patent applications by refusing to sign my name up as an inventor. Others I know have done the same thing. You don't make any friends, but if you just say, "I believe XYZ is prior art and thus this is not a valid patent" there's very little they can do.

    You can't apply for a patent unless *you* are the inventor. *You* don't have to agree to be on the patent. No inventor, no patent. So if you think software patents are a good idea, make sure you convince all your friends. Then at least we'll only get patents written by morons (oh wait, mission accomplished...)

  134. Their site by Anonymous Coward · · Score: 0

    Two questions ... Why is it still up?
    And, if you open it in Konq 3.4.2 it shows it and then dissappears when the page finishes loading...

  135. Its not enough to stop this silly patent.. by voss · · Score: 2, Interesting

    The company that brought this suit forward should be countersued into bankruptcy
    and its officers sued under the RICO act.

  136. I have an even better patent by hqm · · Score: 1

    I've got a patent on the letters 'X', 'M', and 'L', filed in 1997.
    I am not aware of any prior art.

  137. XML Discussions prior to Jan 28, 1996 by Anonymous Coward · · Score: 0

    I was at the third World Wide Web conference in Darmstadt, Germany in March of 1995 where they discussed "SGML Lite". This was one in a series of discussions that eventually led to the development of XML.

  138. That's nothing. by Anonymous Coward · · Score: 0

    I clicked the "Solutions" link at the bottom and all of a sudden my browser window disappeared.

  139. LOL. Does flipping them the bird count? by RexDevious · · Score: 1

    Technically, it would be "transfering date", ie. "The suggestion that recipient engage in immediate and vigorous self-fornication" in a "neutral form", ie. "In a non-proprietary format that is readily understood by all recepients, regardless of location".

    Seriously, this practice of granting overly general patents is getting completely ridiculous. The standard should be, "I invented something which does something nothing else on earth can do, or could do unless it copies the way I did it". And you should have to *produce* a working version of that invention.

    And if you're ever found to have patented something which is "patently ridiculous", you should be forced to pay the same licensing fee you tried to charge others, everytime YOU use the idea.

    Say... that's a pretty good idea. I should probably patent it.

  140. Of Grains of Salt and Barratry by Doc+Ruby · · Score: 5, Interesting

    We're always hearing of lawyers who file groundless suits. How often are they prosecuted for barratry? Seems like the barratry officer would be the most popular guy around, except among the lawyers.

    --

    --
    make install -not war

  141. Serial Killers by Anonymous Coward · · Score: 0

    How I wish that serial killers would start targetting these patent trolls, instead of 5'4 blondes born on april 17th.

    That and domain hijackers.. a favorite restaurant had their domain jacked, and it now points to a porn site devoted to rape pictures. I was a wee bit surprised the first time I checked the menu while at work :-/

  142. patent anything! by DrKludge · · Score: 1

    I think I am going patent "sitting", and then "sitting at a computer terminal for the purposes of entering, and/or obtaining information."

    I'm sure everyone is goig to appreciaten and utilize these novel concepts, and everyone's lives will be made better. Soon, after that, I am going to patent walking.

    Sheesh, we're to these people get off, but then agian we all should get off our lazy apathetic buts, and do something about the process.

  143. Write down the names of the people behind! by denladeside · · Score: 1

    Here's an idea... Why don't someone (we/you/me..) make a web page with a growing list of names of the CEOs (or Cxxs in general ;-) ) behind the companies making these claims - exposing them to the public in a very accessible way. This way, these people will get negative vibes attached to their names - not only in the slashdot community (and similar) - but also making it harder for them to find venture capital for their next "project". Going after the people behind seems to be the only way these days... (as with SPAM)

    --
    ...what e-mail program should I use?...let me consult my magic 8ball! *slosh slosh* hmmm... "outlook not so good"
  144. I Wish They Would Win by Anonymous Coward · · Score: 0
    but that would be too good to be true.

    Anything that can kill the XML boondoggle would be a good thing. The too-numerous WS-* groups have been doing a pretty good job of overspecifying XML-related standards (and of pulling standards out of their collective WS-ASSes when no prior art exists - an even better way to produce unuseable standards).

    And the death of XML would leave Web Services untouched, since XML is unnecessary for RESTful Web services.

  145. It *does* make me wonder... by nutsy · · Score: 1

    Rather than seek royalties itself, Scientigo has forged a tentative agreement with an intellectual-property licensing firm that will handle contracts with third parties, Bryant said.

    Would this "intellectual-property licensing firm" happen to be based in Utah? Or perhaps Pennsylvania?

  146. Ethics by Anonymous Coward · · Score: 0

    Scientgos board of advisers web page:
    ----------------
    One of the most difficult challenges that a CEO of a small to medium-sized company faces is the evolution and management of an effective business development effort. For Scientigo our approach was to create an Advisory Board dedicated assisting the executive management and also being a highly effective alternative approach to business development. We are adding top individuals with proven talents to offer advisory services ranging from with technical, marketing, business development, investment and intellectual property.

    Bill Ide

            * Partner, McKenna, Long & Aldridge
            * Former President, American Bar Assoc.
            * Former General Counsel, Monsanto Corp.
    ----------snip----------

    Well we can see where this idea came from, a fomer president of the A.B.A. and a lawyer for Monsanto, what a declaration of ethics.

  147. Has anyone looked at their web page? by Anonymous Coward · · Score: 0

    It looks like a hoax. All they're saying is "we have 4 patents" and "we are marvelous because we've discovered a way of storing data and doing things with it"

    Their web site looks like a spam email to me...

    1. Re:Has anyone looked at their web page? by VoiceMan · · Score: 1

      What is really interesting about their web site is that it does NOT use XML. If you were the company that owned the patent to XML, wouldn't you want your public web site (your face to the world!) to be built using the technology you patented?

      Instead of using well formed XHTML (including an XML prologue for browsers equipped to handle it - like mine) the site uses invalid HTML.

      Hard to believe that this is the company that could have patented XML if the are incapable of presenting information to the public using it. Talk about bush league...

  148. Before you predict this has no bite by Anonymous Coward · · Score: 0

    Read 35 U.S.C. 102 very carefully, and in its entirety. Their filing date was January 28, 1997. The first XML 1.0 recommendation didn't come out until February 1998. The first draft XML came out in November 1996, but that's less than a year before the filing date, so 102(b) doesn't apply. There's still 102(a) to contend with, but if they can prove their data scheme covers XML and they invented it before November 1996, this might not die so easily. There's obviousness to consider in 35 U.S.C. 103, and they didn't mention SGML in any of their prior art disclosures. Still, don't dismiss this out of hand.

  149. trademarks by falconwolf · · Score: 1

    consider this ... say a joe schmo opens a coffee shop named google in timbuktu. even if google comes to know that there has been a "trademark" violation its simply not worth it for them to go after such "google"s

    Even if Google wanted to sue there's nothing they could do about trademark infringement as a coffee shop is in a totally different business. Now if he were to start a search engine name "google in timbuku" then Google would have grounds to sue. In the first example there is no dilution of a trademark, in the second there is. See Federal Trademark Dilution Act of 1995. Or see The Blue Note.

    Faclon
  150. They also do hair removal... by Anonymous Coward · · Score: 0

    OK so I did the following:

    ~$ whois scientigo.com

    and my (patented) command line replied:

    --snip--
    Registrant:
          Market Central
          7810 ballantyne commons pkwy
    --snip--

    Then I googled for "7810 ballantyne commons pkwy"

    Check the result for yourself!

  151. Incorrect English alert by Anonymous Coward · · Score: 0

    To "beg the question" means something other than what you think. Look it up. Google is always there.

  152. Only *neutral* data forms? by Anonymous Coward · · Score: 2, Funny

    Just define some or perhaps in your schema and you should be fine, right? I'm not sure if they have only true neutral or also neutral good/evil, etc. covered, though.

    But don't take my word for it--IANAL.

    1. Re:Only *neutral* data forms? by Anonymous Coward · · Score: 0

      Well I chuckled, at least.

  153. ROFL Too Funny! by The_Dougster · · Score: 1

    OMG that is hilarious. This needs to be +5 funny!

    --
    Clickety Click ...
  154. You must have missed the original joke by hackwrench · · Score: 1

    The original joke went:
    There are 3 types of people: those who can count and those who cannot. The joke being that the person cannot count. Thus, the equivalent binary joke is 11.

  155. Prior Art, Assholes! by fbg111 · · Score: 1

    SGML, HTML. Case closed. (Other than the sheer assholery of these people...)

    Jebus, I just read the first paragraph of their home page:

    We have numerous elemental patents issued and pending in the field of Enterprise Content Management with a revolutionary artificial intelligence we call Business Process Automation.

    They consider 'Business Process Automation' to be 'revolutionary'. Bwahahahaha!

    --
    Flying is easy, just throw yourself at the ground and miss. -Douglas Adams
    1. Re:Prior Art, Assholes! by Decker-Mage · · Score: 1

      Sheesh! Hell, I was doing business process automation back in the early '80's so I sure as frag got prior art on that one (and official government documentation to back it up). I don't know about the AI aspect although many elements of my applications incorporated self-adjusting modeling, learning, and automatic prediction (even what would be later called neural nets). I'd like to see those patents.

      --
      "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
  156. Patents and Ethics by zerotech · · Score: 2, Funny

    Funny how the "Code of Ethics" page's only content is, "Coming soon".

  157. business method and software patents by falconwolf · · Score: 1

    ... there is no good way to run a patent office.

    It seemed to run just dandy before the flood of business method and software patents hit the system.

    Perhaps we need to define what is "patentable" rather than just throw up our hands and resign ourselves to bureaucratic mediocrity (of the system, not the examiners).

    Neither business methods nor software should be patented period!!!

    Falcon
  158. Is it always neutral? by garylian · · Score: 1

    I mean, if they send electronic pulses over a wire, wouldn't that have a charge?

    Doesn't sound neutral to me, damnit!

  159. Prior art... by msauve · · Score: 1
    "This claim is probably too general to survive reeximanation, though. It basically amounts to 'transferring data and information about how the data is structured together'. I'm sure somebody with a better knowledge of IT history than me can very easily name some prior art for that one."

    Name______________

    Address________________

    Cit y___________ State____ ZIP________

    Phone number_______________

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  160. "Patent Reform is Not Enough" by falconwolf · · Score: 1

    The role of the patent system, I would argue, is not one which fosters ingenuity.

    That is exactly what patents, and copyrights, are for, to promote creativity in science and in the arts. Article 1 Section 8 - Powers of Congress of the USA Constitution specifically states that:
    "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

    The GNU article you link to is talking about software patents. That I agree with, I'm against business method and software patents. Software already enjoys protection, it's called copyrights. "As The Economist says, software patents are simply bad for business." Agreed!!! And the only protection business methods should get is the protection of trade secrets. Patents shouldn't be issued for dna or life either. Physical items like parts in a vehicle, computer, or printer should get patents though. While some things may be invented without patents many things wouldn't be, who wants to spend lots of tyme and money to invent something if they can't enjoy the fruits of their efforts by being granted for a limited tyme the right to patents?

    Falcon
  161. Re:Looooosers. - Patent Dates and more, READ IT by Anonymous Coward · · Score: 0

    Always add 1 to 2 years on the patent dates filing. As one who has made several patents it is important to point out that if a patent was thought up in 1995 it usually doesn't get a date stamp until 1996 or 1997. The courts know this and go on the date the patent was initiated on and not the date it was filed.

    Now on the topic at hand. All this person has to do is prove that his patent doesn't cover SGML but does cover XML and he wins. Not saying that is a good thing but just a fact that it doesn't matter the evolution of XML but which came 1st, The patent or the XML and does the patent cover SGML if it doesn't then we are screwed because Lawyers and Judges are just slimey (sp?).

  162. I wonder how many of you would do the same by Vistad · · Score: 1

    I'll get bashed for this I'm sure, but I wonder how many of the folks here trashing Scientigo for following up on their patent would do the same if it would result in money in their pockets? I'm sure the percentage would be quite high.

  163. I do think its quite stupid to make other companies pay royalties for using a FORMAT. What people will do for money these days...

  164. We should support his lawsuit... by TheNetAvenger · · Score: 1

    We should support his lawsuit...

    Considering that by far, Microsoft uses XML more than any software company and in a wider variety of products...

    So this would hurt Microsoft more than anyone else - so we should be anti-Microsoft SlashDot trolls and support this guy.

    Nevermind that Microsoft co-authored XML, and was probably one of the first companies to use it commercially in IE4 before this patent was even applied for...

    (Jokes and satire intentional, and if you don't get them, just move along)

  165. I've got a better one. by Anonymous Coward · · Score: 1, Informative
    <?xml version="1.0">
    <management uri=http://www.scientigo.com/web-content/company_m gmteam.htm>
    <ceo>

    <google type="searchstring" uri=http://www.google.com/search?sa=X&oi=fwp&pb=f& q=doyal+bryant+charlotte>Doyal Bryant Charlotte</google>

    <name>Doyal Bryant</name>

    <address>10832 Jordan Rae Ln, Charlotte, NC 28277</address>

    <phone>(704) 541-6911</phone>

    <voter uri=http://www.sboe.state.nc.us/votersearch/result s1_bert.asp?LN=Bryant&LA=&FN=Doyal&FA=&ST=60&CS=B& SX=B&MON=&DAY=&YR=&submit=Submit party="Unaffiliated" status="Active">Doyal G. Bryant Jr.</voter>

    <edgar uri=http://sec.freeedgar.com/displayText.asp?ID=39 18622>Doyal Gene Bryant Jr.</edgar>

    </ceo>
    </management>
  166. LISP lists by presidenteloco · · Score: 1

    ok, lisp lists pretty-printed to a file, if you insist.
    circa 1954.
    Can represent any data, from any ontology, you like,
    in a fully general, simple, standardized notation.
    yawn.

    Why is it that the word "patently" only makes
    sense before the words "false","incorrect",
    or "ridiculous"? (hmmmmmm..)

    --

    Where are we going and why are we in a handbasket?
  167. Obligatory russia joke by Crouty · · Score: 1

    In soviet russia XML patents you.

    --
    On se Internetz nobody noes your German.
  168. why go for prior art by kVanQue · · Score: 1

    Qoute from the patent text by employing a non-hierarchical non-integrated structure to the organization of information. This is achieved by expressing data modeling, storage and transfer in a particular non-hierarchical, non-integrated neutral form So XML is a non-hierarchical structure ? :)

  169. XDR (RFC 1832) by lobotomy · · Score: 1
    How about RFC 1832 from 1995 which defines "XDR: External Data Representation Standard"?
    XDR is a standard for the description and encoding of data. It is useful for transferring data between different computer architectures, and has been used to communicate data between such diverse machines as the SUN WORKSTATION*, VAX*, IBM-PC*, and Cray*.
  170. Is there such a thing as non-hierarchical data? by Anonymous Coward · · Score: 0

    Of all the different useful ways of storing data on a computer, I can't think of one that doesn't place some hierarchy upon it. Maybe programs written in Malbolge would count but even then you've got the OS dividing memory into OS memory space and process memory space or the file system placing related disk sectors of a malbolge files closer together and denying access to certain sectors.

  171. SGML by martin · · Score: 1

    Being a precursor to XML is prior art. I wonder how the patents handle that, or mention it at all.

  172. An excellent idea... by ozsynergy · · Score: 1

    Hmmm so many patents based around patenting pre-existing technologies...
    If some one can find a way to patent stupidity and charge loyalties, they will be rich beyond their wildest dreams and perhaps encourage more people to think.

    Otherwise we can clone the inventor of firing x-rays at glass (CRT's) and make a fortune that way before the technology becomes obsolete.

    Food for thought!

  173. obligatory by Anonymous Coward · · Score: 0

    You keep using that word. I'm not sure it means what you think it means.

    Oh, wait, I found it. An excerpt from the FAQ (I just selected a huge portion of it, the important bit is second):

    Will you delete my comment?

    No. We believe that discussions in Slashdot are like discussions in real life- you can't change what you say, you only can attempt to clarify by saying more. In other words, you can't delete a comment that you've posted, you only can post a reply to yourself and attempt to clarify what you've said.
    In short, you should think twice before you click that 'Submit' button because once you click it, we aren't going to let you Undo it.

    Answered by: CmdrTaco
    Last Modified: 7/10/02

    Are there any guidelines for posting?

    Yes, as a matter of fact we require that at least one user per topic post the Soviet Russia Joke. Apart from that, we leave it up to the Lameness Filter
    Answered by: CmdrTaco
    Last Modified: 7/10/02