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."

Comments

Patenting Patents

[bldp]

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

Re:Patenting Patents

[psst]

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 =)

Re:Patenting Patents

[bldp]

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.

Re:Patenting Patents

[rpresser]

What a Nazi-like thing to say!

Re:Patenting Patents

[shawn(at)fsu]

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.

No wonder you guys are so crazy about patents

[Anonymous Coward]

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

Ahh, but I recently patented "Data"

[Isca]

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

I've got a great idea:

[BrakesForElves]

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.

Can I use PayPal for payment?

[Anonymous Coward]

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.

The response this deserves

[MillionthMonkey]

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

Thank God

[Anonymous Coward]

Now we finally have an excuse to kill off XML.

Well, they still need dreamweaver...

[twocents]

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

SCO investing

[wastedbrains]

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.

Prior Art: 1960

[ENOENT]

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...

Re:Prior Art: 1960

[hobuddy]

I guess they could try to patent ugliness...

No good; there's prior art.

(ducks)

Re:SGML?

[afd8856]

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.

But the silver lining..

[Free_Trial_Thinking]

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

Re:But the silver lining..

[SpyPlane]

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.

Re:Invalid Claim

[sootman]

Sounds more like they've patented unorganized data

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

Time for the mob...

[Lost Found]

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.

Scientigo's Business Plan...

[errxn]

<?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>

Re:Looooosers.

[Chris Burke]

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

Re:Whitespace

[pyrrhonist]

GoAhead.ThinkOfAllTheSavedBandwidthAndDriveSpaceTh atWouldResultIfPeopleWereDiscouragedFromExcessiveW hitespaceUsage.

You forgot to:

import java.text.*;

first!

How abstract can a patent be?

[baka_boy]

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?

Re:Looooosers.

[failure-man]

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

'data in neutral forms'

[grumpyman]

'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.

Re:How about gaseous molecules in neutral form

[Maiko]

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 hear XML is like violence...

[mrjb]

if it doesn't work -- use more.

Re:One word - EDIFACT

[Pxtl]

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

Re:Two words

[Anonymous Coward]

Oh dear, only two words and you got one of them wrong.

Re:How about gaseous molecules in neutral form

[vettemph]

>>> Methane - .0002%

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

Re:How about gaseous molecules in neutral form

[jZnat]

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

Only *neutral* data forms?

[Anonymous Coward]

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.

Patents and Ethics

[zerotech]

Funny how the "Code of Ethics" page's only content is, "Coming soon".

Re:One word - EDIFACT

[bcarl314]

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!