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Microsoft Wins Hyperlink TV Pause Battle

TripMaster Monkey writes "The Register is running an interesting story on a patent recently granted to Microsoft. This patent, which covers 'pausing television programming in response to selection of hypertext link', among other things, has been in contention for over twelve years, and the language used in the patent reveals its age ('The Internet has recently exploded in popularity,' and, 'a computer user with a modem can get on-line.'). Despite its age, however, this patent, which covers 35 claims in all, will be of major importance in the impending IPTV battle in the States."

11 of 165 comments (clear)

  1. As true then as it is today by Ckwop · · Score: 5, Insightful

    The granting [of] patents 'inflames cupidity', excites fraud, stimulates men to run after schemes that may enable them to levy a tax on the public, begets disputes and quarrels betwixt inventors, provokes endless lawsuits...The principle of the law from which such consequences flow cannot be just."

    The Economist, 1851. As true then as it is today.

    Simon

    1. Re:As true then as it is today by mnemonic_ · · Score: 3, Insightful

      What is with this Slashdot-Economist lovefest? Is this a fad or the definitive "hey, I'm an intellectual" mark on Slashdot? Will I get downmodded because I question this?

    2. Re:As true then as it is today by Ckwop · · Score: 4, Insightful

      What is with this Slashdot-Economist lovefest? Is this a fad or the definitive "hey, I'm an intellectual" mark on Slashdot? Will I get downmodded because I question this?

      Normally, I'd agree with you, however, on this topic you're off the mark. The Economist is written for Economists, and you'd expect Economists to be able to comment on the damage that patents cause to society with some degree of authority.

      The fact that the Economist said this in 1851 tells says a lot in my opinion. It tells me that there has never been a consensus on patents. In fact, it tells me that there was a large body of opposition to patents since inception.

      It also tells us that Slashdot is hopelessly ill-equiped to turn the tide against patents. If the Economist (and by extension it's readership) was unable to hold enough sway to overturn patents then slashdot has a snow-flake's in hell chance of achieving the same goal.

      We over estimate our self-importance.

      Simon

  2. Even with... by endtwist · · Score: 2, Insightful

    Even with the fact that it is an old patent, you can see this becoming a major issue with all the interactive TV services now. Say an ad (oh whoopee!) pops up, and you decide to click the link in the ad (HA!) ... obviously you want your show paused, but now no one but MS can do that.

    Quite unfortunate, really. Such basic ideas making it through...

  3. Clutter of patents? by dada21 · · Score: 4, Insightful

    As an anti-patent, anti-copyright anarchocapitalist, I wonder if we should just support every patent that is applied for and see if the entire system can come crashing down. Eventually it will cost companies more to enforce their patents than they're receiving from the "protection" they get out of them, right?

    I can not, for the life of me, see how patents give people reason to research and develop new ideas. If someone is going to capitalize on your idea, they'll modify the process and create a patent of their own. Look at every cell phone that is released with 5 new patents, and the "bootlegs" of those phones that are released just 6-12 months later. What the heck is the point of patenting something that isn't of value even a year down the line?

    The typical slashdot response to my anti-patent opinion is that prescription drugs wouldn't be researched, but the majority of the people actually researching these drugs aren't the ones who gain billions in profits from the discovery. You may not see megacorps working on solutions, but the biggest medical developments in human history came originally from a few researchers, not megalabs that spend billions and release drugs that addict and kill their users.

    Come on, people, don't you see that there is no solution to this legal racketeering other than dismantling the entire system? Competitition is good for consumers, anti-competitive government force is terrible. In the end, we all pay with our pocketbooks (to enforce these legal monopolies) and with our lives (when imperfect drugs/safety devices/whatever can not be perfected by competition). Let's start looking at what made this country great -- open competition.

    Microsoft isn't the only patent abuser. Maybe its time for someone to research (and blog?) about every patent abusing lawsuit that hits the courts, and see how consumer choice is severely hampered by the ridiculous protection of ideas.

    1. Re:Clutter of patents? by pete6677 · · Score: 3, Insightful

      I agree with your first statement. I hope that patent enforcement is stepped up to the point that everyone realizes the system is broken in its current form. When Europeans are able to check their email on their cellphone but nobody in the US can, because NTP got an injunction against every manufacturer of mobile devices, there will be real reform. When American IPTV is so patent-encumbered as to be useless, people who used to not see patents as a problem will change their minds. This is the only realistic way to reform, since these kinds of things rarely change unless there is no other option.

    2. Re:Clutter of patents? by morgan_greywolf · · Score: 2, Insightful

      The problem isn't patents per se -- it's patent abuse.

      The first pproblem is that people have been allowed to patent concepts that have not truly novel. Take the FAT file system (please take the FAT file system!), for example. Nothing about it is particularly unique and there are tons and tons of examples of prior art.

      The second problem is that people have been allowed to patent vague ideas that include no actual implementation or plan. There are patents on transporter technologies and all sorts of things that have never been implemented and have no hopes of being implemented because the technology doesn't exist yet. Yet when someone comes out with a transporter or something like that -- bam! -- here come the lawsuits.

      The third problem is that patents are granted with inadequate research -- the patent examiner very frequently doesn't look for prior art or even prior patents, as in your cell phone "bootleg" example. This also goes back to problem #1...

      The fourth problem is those that game the system in order to make few $$$. Look at The SCO Group for an example, and there are countless others.

      The real problem in the fourth problem is that this country needs real torte reform -- frivolous and nuisance lawsuits are all-too-common. And the lack of real controls on such lawsuits are what allow scumbags like Darl McBride (who had a long history of this sort of gaming of the system long before he joined SCOX) to continue grabbing for dollars by conducting such things as publically-traded nuisance lawsuits against big megacorps like IBM in the hopes that they will be silenced by a few million bucks.

      If patents were used in the way intended in all cases, then we wouldn't have all of these headaches and problems. But it's not, and, unfortunately, we have no compensating controls in place to keep it from happening.

  4. Re:No Problemo, El Senor Monkey! by ackthpt · · Score: 2, Insightful
    Cuba, Venezuela
    You may want to pick countries which have more than nominal notions of property rights. But I understand your overall point though. Where there's a will, there's a way.

    The core idea is countries which are either hopelessly bureaucratic of less than likely to cooperate with the United States in it's efforts to shackle the world by it's way of thinking regarding IP.

    In the future of the internet and technology, can't you see as hot prospect, countries which disregard such demands?

    Come do business with us, we won't tell on you and you can do all your business free from sanctions!

    Where there's a need, there's often someone entrepenureal enough to fill it.

    --

    A feeling of having made the same mistake before: Deja Foobar
  5. As I say everytime... by thebdj · · Score: 5, Insightful

    It annoys me greatly how many people blindly post on here based on a news article with only half the information, or worse yet, on a brief synopsis of an already bad article, when it comes to patent related issues.

    Half the posts are instantly finding ways to bash the PTO and a lot of those are people pulling quotes from their little text file they keep hand to copy and paste their "smart" words. The problem there is no real discussion. No real interest in talking about if the patent is valid, what issues may or may not arise from the patent, or how limited the patent may be.

    There are far better places to argue about the patent system and how broken (or unbroken it may be), just don't codemn a single patent you have never read as being obvious or simple. If you really think a case went this long, through this many continuing applications without being effectively and properly researched for prior art, then closed-minded is where you stay.

    It is important that people realize the patent system needs reform, but there is no motivation for the government to do so at this time. It is not an issue that many people in the government fully understand and there are two large lobbyist groups on opposite sides of a great many of the reforms that were proposed in the last Patent Reform Act.

    I will admit the patent system could use a few tweaks to correct some issues, but the problems are not these end of the world, destruction of all innovation that people are continually making them out to be. I would like to hope that some of you have taken a view that is not alarmist and actually researched the current issues with the patent system and not just listened to the words from your "friends" here at slashdot. Trust me, some of these patents people are crying foul on are more patentable then they realize.

    --
    "Some days you just can't get rid of a bomb."
  6. Abstract patents are the problem by Anonymous Coward · · Score: 1, Insightful

    The problem comes when the patent covers an abstract idea. In the hardware world you could patent a device to pause the TV while you went off to a web page. That would be fine. Someone else could come along and invent their own device to pause the TV and it wouldn't infringe because it's a different implementation. Hardware patents are like copyright in the software world.

    Ever wondered how so many different corkscrew implementations can be patented - yet noone was ever able to take out a patent on the concept of "opening a bottle of wine"? The cog ones, the "Fish" and the ones with the big levers over the top are all covered by hardware patents. With a software patent you could patent the concept of "A device to open a bottle of wine".

    With software patents it is possible to patent the abstract idea of pausing TV while viewing a hyperlink. Noone else can then approach that particular bit of problem domain. This is the problem with software patents. They are over-broad. They should be restricted to just the specific implementation, but then we'd be left with normal software copyright.

    This becomes damaging when you consider that only one player can provide this service. One player owns the rights to email over wireless, even though that one player has not been the one that's taken the technology and done something with it. It becomes even worse when multiple patents are involved. What if someone patents "Viewing a hyperlink on the TV" as well?

  7. Re:Why is it? by MyIS · · Score: 2, Insightful
    ...when Microsoft wins a patent lawsuit, patents are evil, but when Microsoft loses a patent lawsuit, justice is being served.

    Er, this journalistic prejudice is not about Microsoft, but about patents themselves. The justice icon you mentioned refers to the fact that there is one less patent to worry about when doing our daily work. This is not limited to MS stories alone.

    Bashing Slashdot for bashing MS is getting pretty cliche... ;)

    --
    http://zero-to-enterprise.blogspot.com/