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Online Rich Media Patented

An anonymous reader writes "Balthasar has been awarded a patent on "Methods, systems, and processes for the design and creation of rich-media applications via the internet" ( USPO 7,000,180). In an article at news.com the company claims that "The patent covers all rich-media technology implementations including Flash, Flex, Java, AJAX and XAML and all device footprints which access rich-media Internet applications including desktops, mobile devices, set-top boxes and video game consoles". The patent was filed on 9 February 2001, five years after the original Flash application, FutureWave Splash, was introduced in May 1996."

237 comments

  1. Was it a surprise to anyone? by ntufar2 · · Score: 0

    We all saw it coming.
    Patent system need to be changed. The sooner the better.

    1. Re:Was it a surprise to anyone? by ShimmyShimmy · · Score: 2, Interesting


      No software patents

      I used to think this was a rather extremist site at first, but it's actually a lot more down to Earth than I thought.
      On a more relevant note, how can one patent cover all "media-rick" content on the internet? Why not just throw in pictures and text in there too?

      --
      Partial Credit: The Engineer's Best friend
      "Well, the bridge didn't fall all the way down!"
  2. Goodbye web 2.0 by leuk_he · · Score: 0, Offtopic

    No web 2.0 without paying a royalty to our new overlords!

    1. Re:Goodbye web 2.0 by ntufar2 · · Score: 1, Funny

      Or will it be
      Web 3.0. Back to the plaintext.

    2. Re:Goodbye web 2.0 by cozzano · · Score: 0

      Thank goodness - perhaps now we can drop all this '2.0' crap.

    3. Re:Goodbye web 2.0 by heinousjay · · Score: 1

      They have a patent on rounded corners?

      --
      Slashdot - where whining about luck is the new way to make the world you want.
  3. How vague can it be? by Ginger+Unicorn · · Score: 3, Funny

    Can someone trump them with prior art in "the ability to delvier anything whatsoiever over the internet"?

    --
    (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    1. Re:How vague can it be? by Anonymous Coward · · Score: 0

      I was planning to trump that with my "ability to transmit anything, anywhere" patent.

    2. Re:How vague can it be? by PhilipDC78 · · Score: 1

      I'll one up you there with my patent to do anything, anywhere, at any time.

    3. Re:How vague can it be? by xtracto · · Score: 1

      Sorry guys. You, GP, and GGP should expect to get my lawyers soon,as I have already a patent that covers all what you are saying, it is filed as:

      A method, device and idea to X.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    4. Re:How vague can it be? by PIBM · · Score: 2, Informative

      Did you actually take the time to read the patent ? In fact, the editor didn't read it either. This patent is for a web based tool that would auto-magically create rich-media application as the low-intellect user would like to have, and it has to look good too... I don't think anyone right in his mind would like to try to make something like this ;)

    5. Re:How vague can it be? by sirnuke · · Score: 1

      I wonder if I can patent the process of filing patents on common technologies, suing everyone to get licenses, and then not actually using the patent to do anything?

      --
      Zing!
  4. Good luck enforcing it by Anonymous Coward · · Score: 1, Insightful

    Yeah, let's see them try to sue anyone based on this patent. Any half-competent defense attorney will drag up enough prior art to knock these jokers back to the '80s.

    It'd be nice if patents like these weren't granted in the first place, but at least there's a self-correcting mechanism built into the system. Shame it has to be such an expensive process.
    --
    perl -e '$??s:;s:s;;$?::s;;=]=>%-{<-|}<&|`{;;y; -/:-@[-`{-};`-{~" -;;s;;$_;see'

    1. Re:Good luck enforcing it by gvc · · Score: 4, Insightful

      Perhaps any half-decent lawyer can have the patent invalidated, but perhaps not before some yahoo judge slaps a permanent injunction on the whole web. (cf. RIM)

    2. Re:Good luck enforcing it by stubear · · Score: 2, Insightful

      Eolas was able to successfully sue Microsoft with a patent which had clear prior art. The judge did not allow the evidence in the trial - for whatever reason, it was never quite clear - and Microsoft lost the case. Logic and reasoning are only half the fight in legal cases. You're forgetting the rules which determine what can be considered as evidence during teh case and sometimes what's left defies logic and reeasoning altogether.

    3. Re:Good luck enforcing it by lbmouse · · Score: 0

      "Shame it has to be such an expensive process."

      You hit the nail right on the head. Unfortunately many larger companies find it cheaper to pay a licensing fee than to fight it in court. Who loses is the little guy who can't afford a defense or the licensing fee.

      Shame on Balthasar. I remember when they were a small start-up doing good work. Hopefully they are only doing this to protect themselves.

    4. Re:Good luck enforcing it by Philus · · Score: 1

      That perl line doesn't quite work.. heh. Tried it on a vmware install.

      rm: cannot remove Â/home/steigreÂ: permission denied.

    5. Re:Good luck enforcing it by jlebrech · · Score: 1

      Yeh but microsoft can get their own back. buy out the company and fire everyone.

    6. Re:Good luck enforcing it by Anonymous Coward · · Score: 2, Insightful

      "Shame it has to be such an expensive process."

      Which is what the trick is all about imho.

      There is a fallacy and myth that seems to come from games theory, it infests the minds of many capitalist economists
      and in psychology is a known damaged transaction schema. A great laymans explanation of the idea can be found
      here. The idea basically goes..

      Your loss is my gain

      Many patents seem to be premptive defensive moves rather than protective. They are not crafted in a form mindful of protecting any real assets so much as they are designed to impede others. Patents have actually become a way of inhibiting technological growth of competitors. The competitors most damaged are of course the young startups, nobody could possibly start a software company today and do so legally, just to get on with the most basic design any coder has to say "screw their stupid patent claims".

      Money is the thing that makes this work. Big companies don't need patents, they have vast amounts of money to use as a stick to beat off challenges. But no small startup is going to take up the challenge, so each time a new chilling bogus
      patent gets approved it holds back the little guys a bit more.

      While there are individual winners and losers in this game the whole caper is by definition STUPIDITY. The loser is the nations economy as new innovators either fold up or relocate to a friendlier host country.

    7. Re:Good luck enforcing it by adolfojp · · Score: 1

      That is true, but it will force anyone who isn't a big corporation to settle or to loose an extraordinary ammount of money in the process.

      Justice is always served to the highest bidder.

      Cheers,
      Adolfo

    8. Re:Good luck enforcing it by SatanicPuppy · · Score: 1

      What? You didn't run it as root? Of course it didn't work! ;)

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    9. Re:Good luck enforcing it by Anonymous Coward · · Score: 0

      Bah... the malicious perl code didn't even work with 5.005_03 on a Solaris system. Sorry... I tried to hose myself.

    10. Re:Good luck enforcing it by Dasch · · Score: 1
      Try this instead:
      $su [type password]
      #rm -R /
    11. Re:Good luck enforcing it by DrSkwid · · Score: 1

      What will this money do, once it is set loose ?

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    12. Re:Good luck enforcing it by Anonymous Coward · · Score: 0

      perl -e '$??s:;s:s;;$?::s;;=]=>%-{-|}&|`{;;y; -/:-@[-`{-};`-{~" -;;s;;$_;see'

      Thats evil!

    13. Re:Good luck enforcing it by woolio · · Score: 1

      knock these jokers back to the '80s.

      That would be a really bad idea. In the 1980s, these jokers could re-file for the patent before the prior art was even invented! They would take over the world!

      (I must have seen too much Bill & Ted)

    14. Re:Good luck enforcing it by Anonymous Coward · · Score: 0

      Keep food on the tables of those poor destitue lawyers.

    15. Re:Good luck enforcing it by linuxhansl · · Score: 1
      Perhaps any half-decent lawyer can have the patent invalidated

      That is exactly one of the issues. You have to hire a lawyer to protect you from frivolous patent. You have to pay the lawyer. You won't get reimbursed for you expenses and hence you carry a big part of the legal risk; and it does not matter how ridiculous the claim is.

      Frivolous patents are only one facet of the problem, if the losing party would have to pay for the other parties legal costs (as in most other countries on this planet) there would be far fewer useless patents and other unreasonable legal claims. Alas, it would mean less income for most lawyers since it would mean fewer lawsuits.

    16. Re:Good luck enforcing it by Anonymous Coward · · Score: 0

      Any half-competent defense attorney will drag up enough prior art to knock these jokers back to the '80s.

      Yeah, but once they're back in the '80s, they could file that patent again. Then we'd be in trouble.

    17. Re:Good luck enforcing it by Anonymous Coward · · Score: 0

      Huhhuh huh huh.

      You said "beat off"

      Huhhuhhuh.

      Cool.

    18. Re:Good luck enforcing it by Frank+T.+Lofaro+Jr. · · Score: 1

      Microsoft can and should appeal then.

      A defendant winning on a technicality is bad enough, but a defendant LOSING on a technicality is a violation of due process and the Constitution. If evidence that would exonerate a defendant is excluded, and thus the defendant loses - the judge is likely to be violating the Constitution (and thus his/her oath)

      --
      Just because it CAN be done, doesn't mean it should!
    19. Re:Good luck enforcing it by fyngyrz · · Score: 2, Interesting

      ...you left out one final critical fact: Lawyers and judges (who are typically ex-lawyers or still lawyers) control this entire process. The system is rigged. In the most obvious and transparent way. However it is so well rigged that there isn't a hope in hell of changing it.

      --
      I've fallen off your lawn, and I can't get up.
  5. Great by outlaw69 · · Score: 1

    our wonderful patent system at work again!

    --
    It's better to be hated for who you are, than be loved for who you're not.
    1. Re:Great by Anonymous Coward · · Score: 0

      Geez. The language is so broad that this section below means that he can sue CERN?

      "In a specific embodiment, the computer process may provide rich-media components to the user including navigation elements, backgrounds, images, headings, sound files, text, windows, animations, e-mail clients, calculators, stock tickers, clocks, menus, movie files, and production types. The computer process may also allow the user to upload components from remote locations by supplying a URL and a component file type. Applicable file types may include JPEG, MPEG, GIF, animated GIF, TIFF, EPS, PNG, SWF, MP3, and WAV. The file types that the computer process allows for upload may depend on the level of service paid for by the user.

      In a specific embodiment, the computer process may display available options for creating rich-media applications to the user including, but not limited to, an inventory of available production types, drag-and-drop loading of components, the component-editing graphical user interfaces (GUIs), an inventory of available components, and the ability for the user to upload components that do not reside on the host computer. In addition, the computer process may display statistics associated with rich-media application website activity including the number of user visits, the server activity, and a weekly session log. The computer process may additionally perform analysis of the above statistics over time. "

  6. PTO by MrEcho.net · · Score: 1

    We all know this is a BS Patent. These people at the patent office must never use the net, or read about for that matter, or just under a rock for the past 10+ years. This needs to change.

    1. Re:PTO by nattt · · Score: 4, Interesting

      Also the patent office needs to be held accountable for it's mistakes, like, for instance, paying for anyone who has to fight a bogus patent. Maybe then they'd take due care?

      What would be easiest would be to invalidate now, and forever, any software patents. That would get rid of most of the bad patents in one swoop.

      --
      -- oldthinkers unbellyfeel ingsoc
    2. Re:PTO by glyn.phillips · · Score: 1

      Technology is moving too fast for the USPTO to keep up with any more. Also, I don't think the taxpayers want to foot the bill for this.

      A better idea is to go to a "loser pays" legal system. You receive a bad pattent, you try to enforse it, you loose the case, you pay all the lawyers. This will make it much less of a burden for a developer to defend himself from a bad pattent.

      This may not stop all bad pattents from being issued, but it will stop the enforcement of them.

    3. Re:PTO by dwandy · · Score: 2, Insightful
      Also the patent office needs to be held accountable for it's mistakes, like, for instance, paying for anyone who has to fight a bogus patent. Maybe then they'd take due care?
      uh ... that would be your tax money they would pay out with. No thanks.
      And good luck making the patent officers personally liable... that'll grind the whole thing to a stand-still as they refuse to grant any more patents to anyone.

      The problem with the patent system is that (like communism) it's a nice idea on paper, but totally unworkable in reality. Necessity is the mother of all invention, and when faced with a problem the majority of people (engineers etc) will arrive at a very similar solution to any given problem independently. This means that all of these solutions should fail the non-obviousness test. So unless you arrive at a solution that others skilled in the field don't arrive at, your solution can't be patented. (of course they often do get patented despite this rule...)

      I've jokingly said we should have patent-jury duty ... maybe it's not such a bad idea after all... a new requirement of keeping the little ring on your little finger is to, on a random basis, provide solutions to a problem (based on a patent request) in a vacuum situation. Any solution you (and the other random contestants) come up with that is similar to the patent request will cause the patent to fail the non-obviousness test.
      Combine that with a requirement to actually produce a working prototype, and shorter monopoly times and we might have a patent system that actually benefits society instead of shareholders.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    4. Re:PTO by sqlrob · · Score: 2, Informative

      Too fast? The prior art is a frigging DECADE ago. How is that too fast?

    5. Re:PTO by TheNoxx · · Score: 1

      Exactly. One of the most mind-boggling things about all this bullshit patents going through is, well, one would believe that like any profession (engineers, programmers, doctors, lawyers, teachers, everyone), particularly one in such an important field as intellectual property, people would be required to keep up with modern standards via tests/training. If a patent officer cannot keep a grip on the evolution of technology and the world in general, they need to find a different job.

      --
      Ex nihilo nihil fit.
    6. Re:PTO by SeekerDarksteel · · Score: 1

      Well you see, this patent meets the USPTO criteria for innovation:
      old/obvious idea + internets = innovation!

      I think they just see something about "teh intarweb" and rubberstamp 'em.

      --
      The laws of probability forbid it!
    7. Re:PTO by courtarro · · Score: 1
      What's the best way to get out of doing the dishes as a kid? Do a sucky job cleaning them. The USPTO has been saying for years that its patent officers are underpaid and that it needs far more to handle the huge flood of patents it gets these days. Eventually they'll allow a patent that directly affects legislators* and will finally see their needs met. Until then, they have a clear incentive to continue screwing up until someone takes notice and gives them more money.

      We'll either see the USPTO getting lots more $$$ and (hopefully) becoming more competent at awarding truly insightful patents, or legislation introduced that greatly restricts ideas that can be patented (or make it easier to destroy existing lame patents). Either of those is better than what we currently have, and the worse job the USPTO does now, the more likely those solutions will be implemented.

      *the Blackberry lawsuits are close, but maybe something like patenting the filibuster would help. "Method for preventing the passage of legislation through sustained verbalization". Sounds innovative to me! So many syllables!

    8. Re:PTO by Pulse_Instance · · Score: 1
      All this idea will do is put more power into the hands of the rich, small inventors will not have the money to risk on a patent in case they are required to pay lawyers huge sums of money in order to defend it. I see one of two things happening, 1. Small guys will find backers to pay for the patent and any lawyers that may turn out to be necessary in exchange for a portion of the profits that are made from the patent. 2. Small guys will just not apply for patents.

      While your idea sounds really good on the surface I think there is a good chance if it were implemented it could really stifle innovation.

    9. Re:PTO by nattt · · Score: 1

      Well, maybe the patent office should pay for both sides of the dispute - that would keep the costs down. Or perhaps grant everyone's patent without any searches or whatever, and then only decide on whether it's valid or not when a dispute arises, and then they'd only have to concentrate their effort on patents that anyone cares about.

      But really, the way forward is to remove software, business methods and "on the internet" from patentability and let them stick to worrying about anti-gravity machines and the like.

      --
      -- oldthinkers unbellyfeel ingsoc
    10. Re:PTO by darjen · · Score: 1

      Good luck trying to hold the government liable for anything it does. It is precisely this lack of market accountability that makes them so inefficient at everything they do.

    11. Re:PTO by Samari711 · · Score: 1

      The thing about the PTO is that it is a big money maker for the government. When the PTO denies a patent they don't get to collect any fees, so the mentality in there is "grant everything you can and let the courts figure it out."

      --

      I never said I was smart, I just said I was smarter than you

    12. Re:PTO by ooze · · Score: 1

      A government institution (on top of that highly interconnected with corporations and the business world) being held accountable for something? Where do you come from? That would render the whole concept of government useless you filthy anarchist ;)

      --
      Just because I can imagine doing a hippopotamus, doesn't mean I'd like to do it.
    13. Re:PTO by Anonymous Coward · · Score: 0

      Fire the boss of the patent examiner who granted this patent. The process will reform right away after a few dozen such examples (assuming the PTO is run by idiots who need a few dozen examples..), and the PTO won't be starved of the very examiners it claims it needs to review patents.

    14. Re:PTO by keyslammer · · Score: 1

      Some of them clearly do, they have a pretty nice website.

      I'm not sure if it's the responsibility of the patent office to bring up prior art. I think the entity filing the patent may be responsible for doing so, but obviously there's no strong disincentive. If it were a criminal offense to file a patent in the existence of obvious prior art, maybe we could stop this nonsense.

    15. Re:PTO by squiggleslash · · Score: 1
      uh ... that would be your tax money they would pay out with. No thanks.
      Why the hell not? These are your people, your employees, who are out there approving bogus patents and operating within a patent system you are responsible for. Why should you, as a voter, not be held accountable for your decisions in terms of who you elect? Should a shareholder get the same premium every year regardless of whether they have Louis V. Gerstner running the ship, or Kenneth Lay?

      If you don't like the patent system as it stands, you can do two things: you can bitch and moan about it on Slashdot, or you can actually take affirmative steps to reform it. That could be as simple as writing to your representatives, or as strong as getting involved in the party you feel closest to, helping reshape it to fit your agenda. If you're prepared, however, to just pay the taxes and not actually hold the people spending that money to account, then expect to pay more taxes. It's your fault they're wasting money.

      There's a minority of us who this doesn't apply to. Me, for example. I like in the US, and don't (yet) vote as I'm not a citizen (yet). But the vast majority of taxpayers in the US have some say over how their taxes are spent. Most of you bitch about it, yet never actually do anything.

      If your Patent Office, whose legal standing is based upon laws accountable to you, is fouling up, prepare to pay for its mistakes (be that via higher taxes or poorer services), whether it's buying too many paperclips every year, or its employees are approving too many troubling patents.

      --
      You are not alone. This is not normal. None of this is normal.
    16. Re:PTO by squiggleslash · · Score: 1

      That would be a risky game for the PTO to play. The other consequence of doing the job badly is that the job can be taken away from you completely. The patents section of the PTO could discredit the very basis of its existance, the USPTO becoming the USTO.

      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:PTO by J.R.+Random · · Score: 1

      I agree. If a patent examiner knew he would be docked 3 month's salary for every patent he approves that is later overturned, we'd see a lot fewer bogus patents.

    18. Re:PTO by nattt · · Score: 1

      Well, go th other way and just grant every single patent. Let everyone have them. Let them clash!!! Let the lawyers get rich and soon enough tech companies will be putting big $$ into governments to pay for change to the system.

      The fact is patents for this kind of "technology" don't work, and can't work, and any attempt to do better prior art searches is just putting a band-aid on a broken neck.

      One of the ideas of patents is to stop trade secrets remaining secret forever, that knowledge being lost to everyone. Now that just isn't happening in the computer world. There's no need for that kind of protection.

      --
      -- oldthinkers unbellyfeel ingsoc
    19. Re:PTO by localman · · Score: 1

      that'll grind the whole thing to a stand-still as they refuse to grant any more patents to anyone.

      Sounds good to me!

      I understand that patents are needed to encourage research and development in certain things. But that doesn't seem to be the case for many of the patents issued today. Even if they're non-obvious, there's no reason to patent an idea that would be invented anyway, since the goal of patents is to encourage development. I think part of the problem is that patents are there to make up for the cost of development, but the cost of development in software is so damn low that they're just not needed. Heck, I've probably coded up patentable stuff in my spare time without realizing it.

      Cheers.

    20. Re:PTO by netdemonboberb · · Score: 1

      That's the same kinda thing as "The government should pay damages when someone is found innocent in a court case". It's a great fair idea, and how it should be, but many of our government officials are so incompetent that a policies like this would bankrupt them. A better option is to just get rid of the PTO altogether, to just file submissions in some kind of free public domain vault, and let the companies and individuals do the research/battling over who had the idea first if there's many of the same submissions already filed. Obviously, our PTO is too incompetent to do it themselves.

      --

      Volunteer Mozilla developer, RPI Student.
    21. Re:PTO by Lectrik · · Score: 1
      "Method for preventing the passage of legislation through sustained verbalization". Sounds innovative to me! So many syllables!


      I Call dibs on "Method for preventing the passage of legislation through sustained verbalization" via the internet

      Or would that be patenting Slashdot?
      --
      --- As to make my comment seem, by comparison, more intelegent... doodie doodie doodie poop poop poop!
    22. Re:PTO by Anonymous Coward · · Score: 0

      What would be easiest would be to invalidate now, and forever, any software patents. That would get rid of most of the bad patents in one swoop.

      Yes, but shooting all the patent lawyers would be so much more satisfying....

    23. Re:PTO by Lehk228 · · Score: 1

      a more realistic law would penalize filiers of bad patents ifthey sue or demand money from someone then lose in court. make it a seperate court case with maximum damage of 25 times the amount sued for or demanded in exchange for a settlement.

      this would only kick in if the judge decides that the patent filier either filed the patent or demanded money on the patent knowing their patent was obvious and probably should not have been granted in the first place.

      just like you can get banned for using exploits in MMO's you should be penalized for exploiting PTO mistakes

      maybe even have "banning" patent filers and nullifyig all of their existing patents if they are found to be deliberately filing junk patents or making demands maliciously for things they know the patent does not cover.

      --
      Snowden and Manning are heroes.
    24. Re:PTO by BlueStrat · · Score: 1

      Well, go th(e) other way and just grant every single patent. Let everyone have them. Let them clash!!!

      Maybe they already are?

      Not as a specific policy to this end maybe, but due to the conditions and pressures resulting from the whole patent environment possibly?

      There are reactions to every action, and this might be part of a natural counter trend to the morphing of the patent landscape, given the current political/bureaucratic conditions in the patent office and the government.

      Just a random thought..

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    25. Re:PTO by Anonymous Coward · · Score: 0

      How about loser pays the winner's attorney fees, but the maximum payment would occur at the point where it causes the loser's net worth to fall below the winner's. So, a rich corporation would always pay when losing, but a small inventor would never pay. (Of course, the loser would still pays his/her own attorney's fees regardless, just as is the case now.)

    26. Re:PTO by fyngyrz · · Score: 1
      What your problem is, is that you don't understand how the US works.

      Citizens have no input to the patent process. At any level.

      See, the patent system is based entirely upon federal law. This means that you, who live in state [whatever], once a citizen, can write to your congresscritter and/or senator, who are the sum total of your connection to federal activity of every kind. These distinguished individuals will not read your letter. However, an aide will almost certainly read your letter, at which point said aide will determine it is advising a course of action that would reduce the contribution of PACs and corporations to the current and future fiscal and political welfare of said senator and/or congresscritter, and subsequently drop your passionate screed decrying the current patent system into the burn bag.

      Your rights, an Entertaining Interlude:

      As a citizen (when you get that far) you do not have the right to structure or construe federal law. You do not have the right to enforce, or prevent enforcement of, any federal law. You do not have the right to arbitrate or otherwise affect consequences of violation of federal law if in fact there are any. You do not have control over how the government spends your tax dollars. You do not have any option to withold your tax dollars. You have no right (or means) to prevent the federal government from trumping whatever newsworthyness your complaints about anything might have (for instance, patent law, as in this example) with totally bogus yet highly appealing to middle americans, such tasty issues as bird flu, the melting ice caps, the "drug war", The Pedophile Threat, flag burning, PorNoGrahPy, wiretaps and so on. Above all, you have no right to interrupt your senator and/or congresscritter while they are enjoying a gourmet dinner with their various corporate and political sponsors. You may, however, should you so desire, stand out in the rain and snow and sun and watch bitterly while your representatives are ushered directly from said restaurant into a plush limo, such action being accomplished without them ever reading one line of your sign(s), should you have had the foresight to bring such a thing along. At this time, you may be taken into custody for unlawful assembly.

      The patent system was constructed and is maintained and protected by a power structure that consists of non-elected funding sources that have its roots in the corporate entities that populate the USA, its expression of power in the wholly-owned political system (purchased one representative at a time as well as at the party level) and its immunity from any imaginable act of the citizens in the indirect representative structure of the government.

      Now, before you get the idea that you can start some grass-roots movement, and threaten your representative(s) with replacement, you also need to understand that the US is a two party system and that the parties both are completely on the corporate nipple. Should you succeed in dethroning one of our "democratic" princes or princesses, one or the other party will immediately provide a replacement who cleaves to the same agenda. There is no third party; there can be no third party. The reason? That nasty gaussian that describes the IQ distribution. The middle of that curve represents some pretty, er, "basic" intelligence levels. Those are the core voters. They're republicans, and they're democrats, and if you tried to change this in any serious way, they'd probably tar and feather you, because they "belong" to these parties and they're not about to have that sense of belonging dirtied up by some radical who wants to change the patent system. They're concerned about the price of food and gas, when they get that next paycheck, and how long it'll be until they get laid. They like to vote. They like to bask in the shadow of the powerful. They like to have "their candidate" elected. And they will get their candidate elected.

      So,

      --
      I've fallen off your lawn, and I can't get up.
    27. Re:PTO by squiggleslash · · Score: 1
      That has to be the most long winded justification for sitting on your arse not doing anything I've ever heard of.

      The reason the system doesn't change is because people like you don't seek to change it. If you get active within your party, you will make a difference. If most people who feel strongly about a subject like patents get involved, you'll make a major difference. You don't do that because you're lazy and apathetic, not because you can't change anything. On your own, yeah, maybe you can't. With a large group of others, others who right now are spewing the same bullshit you just did, yes, you can.

      I'm not going to cry about your increased taxes when you've done fuck-all about them.

      --
      You are not alone. This is not normal. None of this is normal.
    28. Re:PTO by fyngyrz · · Score: 1
      Sorry, Sparky, you're barking entirely up the wrong tree. (a) I'm not complaining about taxes, I'm just pointing out YOU have no control over how they are used. (b) I'm not complaining about how the system works, I'm just pointing out what YOUR experience is going to be, regardless of your dearly held preconceptions, and (c) you can "participate" all you want and you *still* won't get anything done, not because of my opinion, but because the system is *designed* to not let you get anything done. It is, on the contrary, designed to make you think you're getting something done by "getting involved" in the political selection process for federal representatives — a process that is no more than a mask for maintaining the status quo. Such activity has been tailored to ensure that you, as a citizen, have absolutely zero access to the making, approval, implementation and follow through for any federal legislation that might crop up. You can work to elect whomever, but once they're in there, they will do what the party wants them to do or they'll be disenfrancised before they even know what hit them. Your interest in change, whatever they might be, cease to matter the moment the candidate becomes an elected official. The only changes that will occur will be controlled by the corporate citizens of this country, with a minor underlying theme that the religious factions dictate. If your interests coincide with those groups, then you may see your desires come true, but this is in no way the same as you being a causative factor. You're just a sympathetic onlooker.

      The history of broken promises permeates the system. Starting at the top, Clinton was going to support the gays, so they backed him. He failed to do what he said he would do. Bush was going to implement his "read my lips, no more taxes" and so they backed him. He failed to do what he said he would do. Moving lower in the heirarchy, the feds were going to never, ever use our social security numbers for anything by our retirement plans. Lies. You could never be held without access to a lawyer. Lies. They were never going to tap our phones. Lies. The feds were never going to back a religion. Lies. I'm not making this stuff up, I'm just reciting history for you. Democrats, republicans, the story is the same no matter where you look: Try to make changes, you'll get involved in all manner of hand waving and placard writing and marching and whatever, and in the end, there will be no change. For a while, like most US citizens, you'll keep on trying, muttering "Next time!" gamely, but as the next times come and go, eventually you'll realize that you've been had. Or you won't, and you'll gamely keep your nose against the grindstone until you die. At no time will you effect any political change by participating the political process, regardless.

      If you get active within your party, you will make a difference.

      What, me? See, there you go. Speaking from complete ignorance. The fact is, I have no party — there is no party that represents even the barest fraction of my outlook anywhere in the USA, and it is unlikely that there ever will be. There is no country on this planet whose system even remotely resembles what I would advocate if I thought there was even a fraction of a chance of accomplishing it.

      Further, your underlying presumption, that wresting control of patents and similar issues may be accomplished by "activity within [a] party", has not been found to be the case in the last 50 years or so. Its in the books and on the net, just research it. You can't escape the facts. You are, of course, encouraged to participate by the system in precisely the way they want you to. That's how they keep you from becoming interested in really changing the system, a goal that cannot be accomplished by politics in this country.

      If you like, you can certainly blame the unchangingness of the system on me and those like me. You'd be completely wrong, but whatever makes you feel better is fine w

      --
      I've fallen off your lawn, and I can't get up.
  7. Important Clarification + Rant by suv4x4 · · Score: 4, Insightful

    When he says it covers all "rich media" he really means it covers rich media GENERATOR/EDITOR applications in said rich media, not all apps or the technology itself.

    The patent describes a system for creating what basically is a Flash IDE with clipart online. That said the patent affects all sorts of CMS (content management systems), editors, template-based sites and so on and so on that fall under it.

    The prior art for that patent is devastating. A lot of the claims are ridiculous and include the "revolutionarty" inventions of.. rotating, scaling and moving objects.

    I'm still mightily pissed by this silly patent, but I'll just ignore it, should they try to enforce it, they'll have to face the prior art.

    1. Re:Important Clarification + Rant by ami-in-hamburg · · Score: 1

      Oh Crap! Does this mean that I can't use FrontPage 97 anymore for creating our company web site!? :-)

    2. Re:Important Clarification + Rant by Pofy · · Score: 3, Interesting

      Not only prior art is a prooblem, a patent should also be on obvious for people in teh field. I am always amazed how it seems that by adding "on the internet" or "with a computer" tends to turn almost everything into something completely non obvious. Oh well.

    3. Re:Important Clarification + Rant by suv4x4 · · Score: 5, Insightful

      The patent covers content created online, i.e. if FrontPage was running from Internet Explorer as a Flash or Avalon+XML or HTML/JS, then it'd probably have pieces affected by the patent.

      This is one more case of "same stuff but in a new medium" patents, just like Apple patenting their "unique" menu system (used on iPod) for use on mobile devices, as if we never used tree menus before.

    4. Re:Important Clarification + Rant by NickFitz · · Score: 1

      There seem to be some pretty stupid statements in there too, such as this from the "Background of the Invention" section:

      Programs such as Microsoft's Visual Basic® provide website designers with the ability to create websites more quickly by allowing designers to create websites graphically instead of by coding primarily in HTML.

      What on earth is that supposed to mean? If they'd said "Microsoft Visual Basic.NET" it might have made some sense, as you can use that to create ASP.NET stuff, but to the best of my knowledge Plain Old Visual Basic allows you to create Windows apps and COM components. Not a website in sight.

      --
      Using HTML in email is like putting sound effects on your phone calls. Just say <strong>no</strong>.
    5. Re:Important Clarification + Rant by ami-in-hamburg · · Score: 1

      My comment should have been modded Score:5 Funny. It was totally sarcastic but thanks for the clarification just the same.

    6. Re:Important Clarification + Rant by jacksonj04 · · Score: 1

      As far as I can tell, that entire point makes no sense. You can utilise VB in the sense of VB.NET to create applications, but to integrate those with a website still requires at least some HTML. The HTML has been able to be generated using a WYSIWYG (ie graphical) interface for years now.

      --
      How many people can read hex if only you and dead people can read hex?
    7. Re:Important Clarification + Rant by codegen · · Score: 1
      ...just like Apple patenting their "unique" menu system...


      Funny, I thought it was Creative that patented the menu system and was threatening
      to sue Apple over the iPod.
      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
    8. Re:Important Clarification + Rant by Anonymous Coward · · Score: 0

      I know it was sarcastic, just making sure we don't get on the wrong idea :)

    9. Re:Important Clarification + Rant by suv4x4 · · Score: 1

      You could be right: http://www.appleinsider.com/article.php?id=1226

      Apparently they tried few times but proved unsuccessful, but I couldn't find Creative having such a patent. Doesn't make the situation less ridiculous :)

    10. Re:Important Clarification + Rant by coolGuyZak · · Score: 2, Funny
    11. Re:Important Clarification + Rant by Bob9113 · · Score: 2, Informative

      When he says it covers all "rich media" he really means it covers rich media GENERATOR/EDITOR applications in said rich media, not all apps or the technology itself.

      The patent describes a system for creating what basically is a Flash IDE with clipart online.


      Sadly, I must disagree with your conclusion.

      From the patent: ...and wherein said modifying an existing rich-media application comprises one or more of the following: accessing account information;...

      IE: the patent claim is that accessing account information is a sufficient modification of an exisiting rich-media application to be considered under the purview of this patent. I agree that the abstract is talking about rich media editors, but the specific claims are vastly broader (as is so often the case). If that particular piece of claim 2 holds up then this patent covers, for example, every AJAX application that involves client log-in.

    12. Re:Important Clarification + Rant by codegen · · Score: 1
      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
    13. Re:Important Clarification + Rant by symbolic · · Score: 1

      rotating, scaling and moving objects

      r0t4ting or sc4ling an object? omgwtf!! that r0x!!!

      I'm guessing that's exactly what they thought when putting the patent application together. It certainly would be consistent with the mentality required attempt something like this.

    14. Re:Important Clarification + Rant by suv4x4 · · Score: 1

      You're right :( This is however, unnenforcable, and totally pointless. I pitty the money spent on this patent.

      Adobe / W3C / MS will need to respond to this to calm down the crowds.

    15. Re:Important Clarification + Rant by Dove_from_above · · Score: 1

      I'm thinking about patenting the concept of Web 27.0, seeing that I can't find prior art to it - everyone else has mentioned the previous versions.

      I'm not sure what it will contain yet, but I believe some vague waffle should be enough - with a couple of key choice ideas like "digitization of self from virutal to physical form and vice versa through server", "transfer of schematics of physical devices from server to device for materialisation", "quantum visualization of data" in the off chance that they might mean something in the future.

      Being so far forward looking, it's obviously non-obvious, so I'm ok there.

      I'm a bit worried about the patent duration though, can you speed up the adoption of this whole web 2.0 stuff and move onto the next version - otherwise my patent will run out and I won't be rich.

      thanks

      Dove

      "If Necessity is the mother of Invention, then Ownership is the mother of Innovation" Horatio Longbottom, 2005

    16. Re:Important Clarification + Rant by Anonymous Coward · · Score: 0

      You need to provide a sample working implementation of your invention :) this is how a guy recently failed to patent a "space warp drive"

    17. Re:Important Clarification + Rant by Anonymous Coward · · Score: 0

      Drats! I wanted to sue you for infringing my recently awarded patent on "detecting and fixing typos before pressing 'submit' on the internet" (I've read all slashdot posts and have found no prior art, so I'm safe), but you've outsmarted me yet again!

    18. Re:Important Clarification + Rant by NumerusSpy · · Score: 1

      Maybe the patent was purposefully designed to be Exhibit #1 in a legal challenge against the constitutionality of current IP laws.

      Then again maybe that's the acid talking.

      --
      There they are a conga line of suck holes. On the conservative side of Australian politics. - Mark Latham
  8. what!? by masterpenguin · · Score: 1

    This is the most confusing award of a patent to date.

    What the hell are they thinking over there in the USPO?

    Are they still on AOL 3.0?

    1. Re:what!? by The+Infidel · · Score: 0

      They are clearly overworked, and the Patent Spammers know this. That is why all this crap is getting through.

    2. Re:what!? by geminidomino · · Score: 1

      http://www.catb.org/jargon/html/Q/Quirk-objection. html

      Allow me to introduce you to the Quirk Objection

    3. Re:what!? by slowpoke · · Score: 1
      What the hell are they thinking over there in the USPO? Are they still on AOL 3.0?
      No, they are using Blackberries ;)
    4. Re:what!? by Anonymous Coward · · Score: 0

      No, they're still on the old Quantum-Link network which predates AOL. AOL has secretely been keeping one of the old servers up and running in Needham just for the USPTO.

  9. Applet by LarsWestergren · · Score: 2, Informative

    The patent was filed on 9 February 2001, five years after the original Flash application, FutureWave Splash, was introduced in May 1996."

    And seven years after the applet of Duke waving in 1995, soon followed by the 3D rotatable molecule applet demod by Gosling, both pretty rich for their time.

    --

    Being bitter is drinking poison and hoping someone else will die

    1. Re:Applet by DrSkwid · · Score: 1

      You didn't read/understand the patent or the story linked to. (WOW how unusual)

      This is about using a client/server model to do the editing/preparation of the media, not displaying it in a web browser.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    2. Re:Applet by LarsWestergren · · Score: 1

      You didn't read/understand the patent or the story linked to. (WOW how unusual)

      You are right, I didn't read the article, but it wasn't the patent I was commenting on but that line from the Slashdot story.

      Also, the duke wave applet was 1994 actually, I did a typo. I was waiting for someone to reply to me so I wouldn't have to reply to myself. :-)

      --

      Being bitter is drinking poison and hoping someone else will die

    3. Re:Applet by DrSkwid · · Score: 1

      What, this part ?

      "The patent was filed on 9 February 2001, five years after the original Flash application, FutureWave Splash, was introduced in May 1996."

      http://www.macromedia.com/macromedia/events/john_g ay/page04.html

      The player was a java app, then a Netscape plugin and was around before the Application was released.

      =)

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  10. Mod Parent Down-Malicious Perl Code in Sig by Anonymous Coward · · Score: 3, Informative
    1. Re:Mod Parent Down-Malicious Perl Code in Sig by ThePhilips · · Score: 1

      Off-topic: Wind0zophobia? - do *not* trust any B.S. you happen to pick up on the net. Especially if it's for *nix. 'rm -rf /' jokes were around last 20 years. Have life (or Wind0ze for that matter) ever taught you any lesson???

      On-topic. To grand parent. How many independent developers has any money to hire "half-competent defense attorney" for patent cases? Billg? Who else?

      Self correction is insufficient. Patent application has to be held secret until patent is granted. Or idea might be copied and devalued before applicant can extract any money/compensation for invention from it.

      IMHO, all that "innovation" crap is grossly exaggregated. People put all the shit into the patent and call it "innovation". And try to get law protection for it. Even if you are experienced patent examiner, how can you guess what kind of legal imlications the broad nature of patent can hold. E.g. the applicang might claim "innovation" for "eating shit for lunch". As examiner, and normal human being, you know that nobody ever did/does/will do that. How is that *not* innovation???

      IMHO, what you Americans need, is the reform which will bring patents onto the level of other legal papers like authorizations and mandates. The papers are always very very narrow *and* can only authorize _one_ thing. Not like your patents - "the Earth, all the Living and the Kitchen Sink". Applied to software patents, if you like to patent Flash or AJAX - you are welcome, but you cannot patent broad range of technologies and kitchen sink, like on-topic patents tries to claim.

      --
      All hope abandon ye who enter here.
    2. Re:Mod Parent Down-Malicious Perl Code in Sig by meringuoid · · Score: 1
      So... there are some people who:

      1) Run an OS in which that perl code will actually work
      2) Read /.

      And yet who

      3) Will blithely paste and execute code of unknown purpose, copied from the .sig of someone they don't know

      To be quite honest, if they run *nix, and read /., they should know better. We've all gloated enough over the dumb 'doze lusers who click 'OK' to every stupid email worm that comes their way. I tend towards the opinion that if you get nailed by something like that Perl string, you deserve it.

      --
      Real Daleks don't climb stairs - they level the building.
    3. Re:Mod Parent Down-Malicious Perl Code in Sig by brunes69 · · Score: 1

      You have a habit of taking random perl code you don't understand off of people's signatures and executing it as root, do you?

      If so I don't feel too sorry for you.

    4. Re:Mod Parent Down-Malicious Perl Code in Sig by Billosaur · · Score: 1
      To be quite honest, if they run *nix, and read /., they should know better. We've all gloated enough over the dumb 'doze lusers who click 'OK' to every stupid email worm that comes their way. I tend towards the opinion that if you get nailed by something like that Perl string, you deserve it.

      Let's face it: placing any code in your .sig is asking for trouble, let alone placing an executable there. I used to have a metaphorical snippet of Perl code in mine, but removed it because so many people believed I was being serious or interpreted it as some kind of factual procedure:

      # WARNING: metaphor ahead
      our $world = $world_as_it_is_now;
      $world =~ s/bad/good/g;

      So I relegated it to the dustbin of failed sigs.

      --
      GetOuttaMySpace - The Anti-Social Network
    5. Re:Mod Parent Down-Malicious Perl Code in Sig by Anonymous Coward · · Score: 0

      Actually I am running linux not as a root user. 8) But, if you read the first post (the one that got modded up +5 insightful really quick), it had nothing insightful about it at all and also it had a sig, although it was an anonymous post. This is a malicious attempt however poor it is ;) Just because the majority of slashdot users won't fall for it, doesn't mean it shouldn't be modded down, sorry... :)

    6. Re:Mod Parent Down-Malicious Perl Code in Sig by Derek+Pomery · · Score: 1

      Running as a non-root user will still remove whatever it can in the tree, which will include the $HOME and any stuff the user
      created in /tmp.
      Some /var spools too.

      --
      -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
    7. Re:Mod Parent Down-Malicious Perl Code in Sig by Anonymous Coward · · Score: 0

      Agreed - some perl hackers do use cryptic perl as a regular sig that you must run if you don't want to spend the time manually figuring out what it results in. Mod this up!

    8. Re:Mod Parent Down-Malicious Perl Code in Sig by asscroft · · Score: 1

      Anyone care to decipher the perl code for us who aren't perl freaks.

      I'm not stupid enough to run it, but I'd like to know how it works.

      Thanks.

      --
      because I have been enjoined by this Holy Office to abandon the false opinion which maintains that the Sun is the centre
  11. Ludicrous by DrXym · · Score: 0, Offtopic

    Aside from Flash, Java et al, even IE 4.0 and Netscape Communicator 4.0 used just Javascript to deliver rich interactive content. IE 4.0 even used it in their desktop. In NS it was called Netcaster and included quite sophisticated channel finders and a "webtop". They also both provided documents, tools and APIs for providers to create rich experiences. Both browsers may have failed to deliver a decent experience, but anyone claiming in 2001 (a full 3-4 years after these browsers did it) that using JS and HTML to deliver interactive content is either novel or original is flat out wrong.

  12. Specific RIA's by Anonymous Coward · · Score: 0

    As far as I'm concerned this patent covers advanced RIA's that can create other RIA's... and the funny part is that are numerous cases of builidng such apps before.

    Some more comments on this by a talented flash developer - http://www.flashant.org/index.php?p=539

    I'm happy I live in europe :)

  13. Patenting awarding stupid patents by VitaminB52 · · Score: 2, Funny

    Maybe I should have the concept of 'awarding stupid patents' patented - it would make me filthy rich by collecting *lots* of royalties from the USPO.

    1. Re:Patenting awarding stupid patents by dirtyforker · · Score: 0

      Plenty of prior art there I'm afraid.

    2. Re:Patenting awarding stupid patents by qbwiz · · Score: 1

      Since when has that stopped anyone from getting a patent?

      --
      Ewige Blumenkraft.
    3. Re:Patenting awarding stupid patents by sepluv · · Score: 1

      I'm going to patent the idea of NOT adding a comment saying how cool it would be to patent the idea of awarding patents everytime there is a story on any Internet forum about patents. And the great thing is, I'm betting the PTO won't find any prior art, if they bother to look.

      Seriously though, has anyone done serious research into how one could patent award patents: which patent office is laziest, what time of the year are they busy, ways to describe the concept of patenting without it being obvious what you are talking about, &c. Someone has already patented the wheel and human communication, so this can't be that difficult.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    4. Re:Patenting awarding stupid patents by iainl · · Score: 1

      Don't be silly. Just think for one moment how much Prior Art the USPO have on the granting of stupid patents. You don't stand a chance against them.

      --
      "I Know You Are But What Am I?"
    5. Re:Patenting awarding stupid patents by mgblst · · Score: 1

      Maybe I can get a patent on creating the comment of "awarding the stupid patent patent" on any internet site, blog, news, created by any device capable of communicating with the internet, computer, mobile phone, games console, watch, long stick.

      That would be really funny...

    6. Re:Patenting awarding stupid patents by kalleguld · · Score: 1

      I *think* USPO has prior art on this one. But no worries, just append "...over the internet!" and you are home free.

      --
      Sigs are bad for your health
  14. A war Balthaser will lose by Random+BedHead+Ed · · Score: 4, Informative

    An article in Information Week mentions that Balthaser was formerly a VP of strategy at Macromedia, so I'm sure they'll be interested in how his employment contract with them affects this patent's ownership and validity. It also mentions that he used Macromedia Flash 3 in the late 1990s, at least two years prior to receiving the patent. If anyone buys this patent from him they'll be up against big players, and it'll be war. And the patent will almost certainly be invalidated. Then again, if anyone is dumb enough to buy it, maybe I should approach them about buying my patent number 4,815,162,342 entitled "A Method for Utilizing and Commercializing a Simultaneously Suspended and Supported Access Route from Manhattan to Brooklyn."

    1. Re:A war Balthaser will lose by Ma�djeurtam · · Score: 1

      Your method has been known for causing planes to crash on weird tropical island. I think it is flawed.

      --
      Instant Karma's gonna get you, Gonna knock you right on the head (John Lennon, 1970)
    2. Re:A war Balthaser will lose by ploss · · Score: 1

      Out of curiosity I did a search on that seemingly random string of numbers you quoted as your patent #, and there's actually a huge number of hits, most notably http://www.4815162342.com/ (about the numbers appearing in Lost.)

      So, intended or unintended, it was certainly interesting.

      --
      What are the odds that some idiot will name his mutex ether-rot-mutex!
    3. Re:A war Balthaser will lose by Anonymous Coward · · Score: 0

      Is it just me, or does Balthaser sound like the name of a sci-fi villian?

    4. Re:A war Balthaser will lose by Anonymous Coward · · Score: 0

      I'd already thought of patenting the Business Method of using a newly opened freeway segment to deliver taxi service between two specific points -- seriously! -- but first maybe I'll wait to see how the Brooklyn Bridge route stands up. Who are you going to sue first?

    5. Re:A war Balthaser will lose by Anonymous Coward · · Score: 0

      The article mentioned three or four major companies that could have to pay Balhtasar; hopefully, instead of three of four giant checks, Balthasar will get one giant lawsuit from the companies together.

  15. i can see it coming by Anonymous Coward · · Score: 3, Funny

    Balthasar sues Everyone

    Everyone fails to settle

    Jury rules Everyone is infringing

    Judge threatens to shut down Everyone

    USPTO decides patent is invalid

    Judge shuts Everyone down

  16. New patent by Praufet · · Score: 0

    I think later today and I'm going to patent communication using certain frequency ranges transferred through a fluid medium. No talking for you guys with out paying my fee.

  17. How ironic by stubear · · Score: 4, Funny

    Balthaser's own website is built using Flash, one of the technologies for which it claims a patent.

    1. Re:How ironic by aphoenix · · Score: 1

      Actually, that's appropriate - it's not ironic in the least. It would be ironic if it was static XHTML that validated.

    2. Re:How ironic by suv4x4 · · Score: 1

      "Balthaser's own website is built using Flash, one of the technologies for which it claims a patent."

      It's not ironic since the patent describes precisely this site.

    3. Re:How ironic by arabagast · · Score: 1

      --
      Hey Taco, your lameness filter is broken, /. is still up and running.


      if THAT is not ironic in a slashdot post, i don't know what is.. this is like double double irony

      --
      Doolittle : ...What is your one purpose in life?
      Bomb no.20 : To explode of course.
  18. Sounds Great! by smackdotcom · · Score: 2, Funny

    Man, I can't wait until this new technology is implemented. Just think; we'll have something to look forward to on the Internet besides all those cumbersome, hand-coded HTML pages. Hurrah!

    --

    In a world without walls, there is no need for Windows.

  19. Too bad... by Anonymous Coward · · Score: 0

    He came up with a really good idea there, pity he patented it 6-10 years too late.

  20. Think of the CHILDREN!!! by confusion · · Score: 1

    Just how much money are we depriving these poor people's kids by not paying them money when we visit digg or play flash games?

    On a separate note, I wonder how they are going to value this patent. I haven't really found any indications on that - am I going to have to start paying royalties on the sites that I already provide free of charge and ads?

    ugh.

    Jerry
    http://www.networkstrike.com/

  21. Yes, this is for *editing* so-called rich media by ajdavis · · Score: 3, Insightful

    At first I thought "rich media" meant Jack Valenti, but now I see that, as parent says, this patent covers editing something like a Flash script over the Internet, with some network application server doing the actual work. However, if you had an X-Windows application that edited such a Flash script, & you exported its display to another terminal, then you're clearly violating this patent, even though you could have done this in the 90s, maybe the 80s.

    Even if we ignored that, this patent is obvious: it's a principle of CS that anything you can do on your own box, you can do remotely, thus if the local application isn't patented, then the web application can't be patented either, because it's obvious. I think if the USPTO realized this (although they're systemically disinclined to understand anything, since their revenue comes from *approving* patents), many assinine web patents would go away.

    A few weeks ago we saw an article advocating "patents lite", in which the USPTO checks that the patent covers something patentable, but does *not* check for prior art, usefulness, or non-obviousness. The patent is much shorter, like 3 years. The first time it's challenged, the burden is now on the patent-holder to show that it's useful, novel, & non-obvious.

    It turns out that de facto, we have patents lite. Clearly, the Patent Office checked nothing before it granted this patent, so we're just waiting for the first lawsuit. We have patents lite, & the system still doesn't work. It's time to end this.

    1. Re:Yes, this is for *editing* so-called rich media by mwvdlee · · Score: 1

      Regarding the fact that this patent has been requested in 2001 and awarded only now and the fact that, if issued, a patent is valid from the date of application, it seems we already have a 4+ year "patent lite". The patent has effectively had 4+ years of chilling effect on competitors.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    2. Re:Yes, this is for *editing* so-called rich media by JimB · · Score: 1

      Actually, Steve Jobs has one of the early "prior art" software "packages":
      Enterprise Objects. This was originally running on a NeXT computer (NeXTStep). It was written in Objective-C (before they converted it to Java and called it Web Objects). I think a certain "Sir Tim" used it to CREATE the web. By 1996 it was already "Web Objects". Thus being a 'prior' to *almost* everything else. Don't forget, with NeXTStep, you could run an application on some machine, and bring the 'window' up on ANY network attached machine that 'reachable'. [Unlike MacOS X.]
      This is a (LOST) lawsuit waiting to happen. Period. [And YES, it is a shame.]

    3. Re:Yes, this is for *editing* so-called rich media by XLawyer · · Score: 1

      As a practicing patent lawyer, I assure you that the U.S. Patent Office does not get most of its revenue from allowing patents. It gets most of its revenue from the late fees it charges if you file documents after their due dates.

      Seriously, though, you can look up the PTO's fee schedule yourself. The schedule shows that the issue and maintenance fees can total about $8,400 over the life of a patent. On the other hand, at current rates, the application that led to the patent we're now discussing would cost almost $10,000 just to file, long before you even got to that point. (Plus the $450 late fee for filing the declaration two months late.)

    4. Re:Yes, this is for *editing* so-called rich media by feijai · · Score: 1

      Tim Berners-Lee's WorldWideWeb.app long predated Enterprise Objects. It, and httpd, was written in pure NeXTSTEP. 2.x.

    5. Re:Yes, this is for *editing* so-called rich media by dgatwood · · Score: 1
      WorldWideWeb.app does not do what this patent talks about. EOModeler, to a large extent, does. Even so, while it provides a lot of functionality that can be useful, it still doesn't just magically create applications (beyond fairly simple stuff). You still have to write some code to do more powerful manipulation.

      This patent is for software that generates web applications, not about generating web applications by hand. Sort of a "web apps for dummies" app. A good comparison might be "DreamWeaver for CGI", if such a thing existed.

      The problem is that the reason this doesn't exist is that software that writes software is, by nature, either too complex for non-programmers (PHP) or too limited to be useful (or both, or too limited without additional programming to be useful). Basically, this company patented warp drive....

      --

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

  22. 70% of oceans shark free by Flying+pig · · Score: 3, Funny
    Because 70% of all sharks now working for software parent companies.

    On second thought, insult to sharks. Sorry, guys.

    --
    Pining for the fjords
    1. Re:70% of oceans shark free by Golygydd+Max · · Score: 1

      There's no correlation between the two figures. 70% of the oceans could indeed by shark-free but you could well find 100% of sharks in the 30% that aren't. Or perhaps that should be 100% minus the percentage that aren't working as patent lawyers.

  23. Patenting crazy ideas by redeye69 · · Score: 1

    I've been thinking of patenting the idea of patenting crazy ideas...

    --
    Without precision, my life would be imprecise....
    1. Re:Patenting crazy ideas by Anonymous Coward · · Score: 0

      prior art?

      he did post it first.

  24. Back in the day by Dekortage · · Score: 1

    Does this cover animated ASCII art? If so, I've got some work from the 1980s (maybe even 70s?) that would probably count as prior art. (And yes it was available ONLINE.) What about the graphical interface for online services such as Prodigy and... what was that Apple service again? eWorld? How about when we could play HyperCard stacks in Quicktime (in web pages!) during the mid-1990s?

    --
    $nice = $webHosting + $domainNames + $sslCerts
  25. Interesting claims.... by NimbleSquirrel · · Score: 1
    A quick trip to ahref=http://www.balthaser.com/rel=url2html-12637h ttp://www.balthaser.com/> reveals that they claim Macromedia and Shockwave.com as their clients. For a company that holds their own patent on rich online media, they use and awful lot of flash on their site.

    Balthaser Online Inc. was established in Feb 1999, well after Flash was created. Their main product Pro:FX appears to be an online drag and drop web page creator (most likely flash based as well).

    I don't imagine that they would last long if they tried to enforce their patent.

    1. Re:Interesting claims.... by NimbleSquirrel · · Score: 1
      Oops... messed up that URL.

      http://www.balthaser.com/

      Bedtime for this squirrel. ;)

  26. This is just stupid by Anonymous Coward · · Score: 0

    Just another person trying to get rich...

    startkeylogger

  27. Patent abstract... by PCeye · · Score: 3, Informative

    It sounds like this also overlaps terminal services to a degree... /////

    United States Patent 7,000,180
    Balthaser February 14, 2006
    Methods, systems, and processes for the design and creation of rich-media applications via the internet

    Abstract

    Rich-media applications are designed and created via the Internet. A host computer system, containing processes for creating rich-media applications, is accessed from a remote user computer system via an Internet connection. User account information and rich-media component specifications are uploaded via the established Internet connection for a specific user account. Rich-media applications are created, deleted, or modified in a user account via the established Internet connection. Rich-media components are added to, modified in, or deleted from scenes of a rich-media application based on information contained in user requests. After creation, the rich-media application is viewed or saved on the host computer system, or downloaded to the user computer system via the established Internet connection. In addition, the host process monitors the available computer and network resources and determines the particular component, scene, and application versions, if multiple versions exist, that most closely match the available resources.

    1. Re:Patent abstract... by molarmass192 · · Score: 1

      Thanks for posting something not from the hip ... so it looks like they patented CREATING rich media VIA an internet connection, not plain old rich media internet applications. Once again, sensationalist headlines win out on Slashdot. It's still a shitty patent, and hardly novel, but it's not the wide reaching claim the headline suggests.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    2. Re:Patent abstract... by Anonymous Coward · · Score: 0

      Re-read the article and Neil's comments. While his patent is more specific to sane eyes and still challengeable by prior art, he's apparently going to stretch the meaning of his patent to include anyone using these technologies - not just making them online.

      "The patent covers all rich-media technology implementations including Flash, Flex, Java, AJAX and XAML and all device footprints which access rich-media Internet applications including desktops, mobile devices, set-top boxes and video game consoles," Balthaser added. "Balthaser will be able to provide licenses for almost any rich-media Internet application across a broad range of devices and networks."

    3. Re:Patent abstract... by jws812 · · Score: 1
      While I don't disagree with the general silliness of this particular patent and the broken nature of the PTO I think people are overstating the ease with which this patent can be dismissed based on prior art.

      To my reading the patent is not about display of rich media it is about the creation of rich media through a web application. This is where the relevance to CMS systems and some of the more recent technologies that were claimed comes in. I would be hard pressed to name a tool that worked over the internet for the creation of rich media prior to 2001. I would be hard pressed to name one that does it now (well anyway). It's the content development tools that this will give fits and if Balthasar is smart they will figure out what the legal fees of challenging it will be and set their licence fee at that less 10%. If they are greedy they'll get to try their luck in court.

      Big companies, especialy, will opt for the easier path in these cases and all law suites have risk ask noted in many of the more colorful posts. Who knows whether a court would decide that the leap between desktop based media development tools and an internet based one is obvious? Balthasar certainly could make a case that the construction of the two is completely different.

    4. Re:Patent abstract... by Joe+U · · Score: 1

      Without reading the full patent, How about Windows 2000 Terminal Services and Flash 2.0? I think that has a 1999 timeframe.

    5. Re:Patent abstract... by jws812 · · Score: 1
      I didn't read the whole patent either, I'm saving it for nap time...

      From the abstract and the many of the claims though I would suggest that Terminal Services and Flash aren't related.

      Terminal Services doesn't provide the capability of remote content creation in the same sense that the patent would seem to cover. Sure it would let you use the thick client remotely but I don't think that you could successfully argue that as prior art in this context.

      I don't recall Flash 2.0 having tools that worked from browser. You could view them in a browser but didn't you use a local (thick client) tool for the creation of the content?

      The patent doesn't seem to cover the display of the content, it's after the creation of it.

    6. Re:Patent abstract... by Joe+U · · Score: 1

      I was thinking more of the creation of flash content using the terminal services web control and the flash creator for windows.

      Now, I just glanced at the patent, so I don't know if it specifically has to be native to the web browser. I'm assuming it doesn't, so the terminal service web client (ActiveX control) and a copy of flash on the server fits the definition of a Internet service to create rich media applications.

      It runs in a browser, it has a url, just because it's a gateway to a virtual desktop shouldn't be an issue.

  28. Those who do not understand the web ... by Anonymous Coward · · Score: 0

    Are doomed to reinvent the wheel, badly.

    And then patent it and make lots of money extorting other companies that did the same thing.

  29. Broken, move along by PhYrE2k2 · · Score: 1

    Patent System Broken,
      Will never actually hold up,
      Yadda Yadda Yadda
      At least one of these articles every week,
      Nothing to see here
      Move along

    --

    when you see the word 'Linux', drink!
  30. Irony... by dtsazza · · Score: 1

    I had a look at the patent description, saw a massive amount of images referenced, and clicked on the 'Images' link at the bottom in order to see them. Firefox tells me "Additional plugins are required to display all the media on this page".

    Nice... you can't read the patent about rich media without having something to process that media. That strikes me as very strange, somehow. :)

    --
    My, that was a yummy potato!
  31. Hmm by Anonymous Coward · · Score: 0

    I wonder if filing a patent with knowledge of prior art could be construed as fraud :)

  32. Patenting lark by mysqlbytes · · Score: 0

    Owning the patent is one thing. Actually making sure that everyone who then uses the technology pays up is another. Owning it will give them the right to "We invented it", they might not go out there and start trying to suck money from the web. And plus what company has the man power to enforce this sort of patent. Did the inventor of the two tin cans and a piece of string try sap money from every telephone made? i don't think so!

  33. No word by Life700MB · · Score: 1


    Balthasar has been awarded a patent on "Methods, systems, and processes for the design and creation of rich-media applications via the internet"

    The other two Wise Men, Caspar and Melchior, where unavaliable to comment.


    --
    Superb hosting 20GB Storage, 1_TB_ bandwidth, ssh, $7.95

    1. Re:No word by meringuoid · · Score: 1
      Balthasar has been awarded a patent on "Methods, systems, and processes for the design and creation of rich-media applications via the internet"

      The other two Wise Men, Caspar and Melchior, where unavaliable to comment.

      Meanwhile, Akagi Ritsuko is busy doing repair work inside Balthasar, to correct for the damage done by the recent virus infestation which is causing the MAGI unit to malfunction and issue stupid patents.

      (btw, anyone remember which aspect of Ritsuko's mother Balthasar was supposed to represent?)

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:No word by the+Brightside · · Score: 1

      Er, Caspar was Akagi's mother as a woman, so that left Balthasar and Melchior as the aspects of her as a scientist and mother? I want to say Balthasar was Akagi's mother as mother, but I'm not sure. I've seen the thing 3 times, but some of the details kind of slip away...

  34. Told you... by slashname3 · · Score: 1

    I told you that the guy that denied the patent on the FTL drive would be fired. Can't let things like common sense and prior art get in the way of some under the table pay off.

  35. Not me by Balthisar · · Score: 1

    Just for the record and so my karma doesn't suffer, this has nothing to do with me. :-)

    --
    --Jim (me)
  36. Love USPTO by Anonymous Coward · · Score: 0

    I'm in the process of patenting a bioactive method of producing hydrogen sulfide finely mixed with various aromatic additives. So - with this wonderful new technology easily licensed at fair rates, you all will finally be able to FART!

    What came first? The thought, or the realization you thought?

    1. Re:Love USPTO by ObsessiveMathsFreak · · Score: 1

      What came first? The thought, or the realization you thought?

      The thought. Mainly because I was a bit confused about the hydrogen sulphide part considering that flatus consists mainly of methane once one disregards the nitrogen and oxygen.

      --
      May the Maths Be with you!
  37. Patent office doesn't know what "obvious" means by nagora · · Score: 1
    This is Amazon's one-click crap again. Once someone invented cookies, for identifying a returning user, all "inventions" that used cookies to, er, you know, identify a returning user should have become non-patentable.

    Likewise, once anyone has invented using programs over a network, then simply patenting the use of an individual program should no longer be valid as it has become an obvious extension of the prior art.

    The US patent system should just be scrapped now; it is actually worse than nothing.

    TWW

    --
    "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  38. Now I understand by Don_dumb · · Score: 2
    their [the USPTO] revenue comes from *approving* patents

    Ah ha. If that is true, then I think I see how this mess happened.

    Is this the same method of funding for other major patent approval organisations around the world?
    --
    If this were really happening, what would you think?
  39. From TFA... by maniac/dev/null · · Score: 1

    From TFA:

    "This is a defining market--not unlike the effect the PC had for Microsoft--and the bedrock of future software applications."

    Flash is the bedrock of future applications? Yikes. Now all my spreadsheets will have bright flickering colors? My databases will make noise as I roll over certian items? My word processor will let me hit the monkey and win $1,000?

    The future has never looked dimmer.

  40. Obviously obvious invention by mwvdlee · · Score: 4, Insightful

    Since computers and the internet are so standardized, any invention conforming to any of the following should be obvious to anybody:

    The invention already exists in a non-networked version.

    The invention already exists in a non-scriptable version.

    The invention already exists as a hardware implementation.

    The invention already exists using older components.

    The invention already exists and is being used as such using it's individual components.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  41. Some prosecution notes... by mavenguy · · Score: 5, Informative
    I'm not commenting on the merits of the prior art involved in this case since I'm not familiar with the history of CMS systems, but a check of the file wrapper history shows the following information:

    1. This is a continuation in part of an earlier, abandoned application
    2. Both the earlier and the current application had a restriction requirement, the current application being a five way restriction which was maintained
    3. Both of the above applications were passed around like a hot potato; nobody wanted the case; no wonder; the current application was filed with 166 claims
    4. Due to the length of time the current application was pending, its patent term was extended 379 days (i. e. it expires 20 years + 379 days from the filing date

    The prosecution outline was utterly normal: Restriction, election by applicant, first action rejection, response with amendment, final rejection, response with amendment after final rejection, allowance. The first rejection had a "double patenting rejection", which was a technicality, since the parent application was still pending; it was allowed to abandon, mooting this ground of rejection. In addition, some, but not all, of the claims were rejected as anticipated (35 USC 102(e)) over a patent with an earlier filing date. There were no other rejections, in particular, no obviousness (35 USC 103) rejections.

    A consequence of item 2 above is that the applicant is entitled to file up to four divisional applications, each one, if its claims are limited to the invention outlined in the restriction requirement, are immune to double patenting rejections based on the current application claims (they will still be rejectable, however, based on prior art).

    Now, I have no idea what circumstances surrounded the handling of this application, but I can speculate that there was a fight by the examiners not to get stuck with this application ("It's a dog!") and, when the examiner of record got stuck with it he was, additionally pressured to get an action out ASAP, reflecting PTO management's long held policy of keeping production high and time to action short. This is one motivation for making the first action a restriction requirement; it gets the case off the books for a month or two, but of course when the election comes back it's back in play and has to be handled.
    1. Re:Some prosecution notes... by Anonymous Coward · · Score: 0

      Did you noticet that the applicant did not cite a single reference to the PTO? This is fascinating, because every applicant is under a duty to disclose to the patent office everything he knows that is "material to patentability." He didn't know of a single product, program, or paper that was material to this invention? Hmmm.

  42. Some free consultancy.... by Anonymous Coward · · Score: 1, Funny

    Don't try specifying your creation of pressure waves in a fluid medium by means of a diaphram, lungs and a larynx.

    I already have those covered off with my 'method of enabling gas flow and gas-liquid interchange to enable oxygenation of cells in a suspended medium', (or 'breathing' to you).

    I expect to license this concept world-wide, except for France and Iraq. I expect no problem with the Patent Office, since the military have already provided generous funding - they will be contracted to enforce the patent.

    Of course we can talk about a joint venture, if you like. I suspect you also will have some market sectors which you will not expect to release licenses in initially - lawyers and politicians spring to mind....

  43. Misleading by szembek · · Score: 1

    The cnet article is misleading, it implies that this guy is claiming a patent on these technologies (ajax, flash, etc...), however he has a patent on the online generation of rich media. There is a huge difference. If you go to his site: http://balthaser.com/ you will see that he sells a way to create flash animations through a web browser. I suppose it's a neat idea for some novice developers who want to make a flash animation and don't have a clue where to start. Patent worthy however? No way. It's much too vague of a process.

    --
    nothing
  44. This covers something I'm working on by Anonymous Coward · · Score: 0

    This covers the next version of Xical and it's xical:serv component that's in planning ( www.xical.org ). I'm working on Xical - just finished Xical 2 - and allways have thought that the world lacks an open source repository for patent ammunition to defend oss projects that didn't bother patenting every brainfart they had.

    Might be just the time to found one. Then again, this is the US (nutcase patents galore) and it probably won't hold water anyway. Not outside the US it will.

  45. Read Claim 1.. Slashdot Screws Up Again by the+eric+conspiracy · · Score: 2, Informative

    Claim 1 is actually what is patented:

    1. A method for users to create and maintain a rich-media application on said host website via the Internet comprising:

    creating a user account; accessing a user account; and viewing available options for creating rich-media applications,

    wherein said accessing a user account comprises one or more of the following: accessing account information; creating a new rich-media application; modifying an existing rich-media application; and accessing statistics from an existing rich-media application;

    wherein accessing a user account comprises modifying an existing rich-media application and wherein said modifying an existing rich-media application comprises one or more of the following: accessing account information; accessing rich-media application information; accessing rich-media application specification information; saving said rich-media application; closing said rich-media application; deleting said rich-media application; publishing said rich-media application; previewing said rich-media application; accessing components used in the construction of said rich-media application; accessing component-editing graphical user interfaces; and accessing a scene of said rich-media application; and

    wherein said modifying an existing rich-media application comprises publishing said rich-media application and wherein said publishing said rich-media application comprises downloading said rich-media application from said host computer to the user's remote computer system.


    In other words this patent covers creating rich - media applications through what is essentially an application server. It is MUCH narrower than the stupid article claims. It is unbelievable that with all the patent related stories that Slahsdot publishes the editiors STILL don't have the foggiest clue as to how to read a patent.

    Oh, and by the way, this application is a Continuation-in-part of an older application filed in Nov 2000, so the priority date is not February 9, 2001 either.

    1. Re:Read Claim 1.. Slashdot Screws Up Again by iainl · · Score: 1

      You're right, of course. I read it that way too, for what it's worth.

      However, I do think I remember fiddling around with remote X sessions back in the mid-90s. But then I'm sure it was done long before I first connected to a NeXT box, too.

      --
      "I Know You Are But What Am I?"
    2. Re:Read Claim 1.. Slashdot Screws Up Again by lahvak · · Score: 1

      What exactly is a "rich media application"?

      --
      AccountKiller
  46. thats not a patent by Anonymous Coward · · Score: 0

    looks more like a poorly worded product spec that you would send to a 3rd world coding shop.

    also what defines "rich media"? i dont see it on the patent and doubt it is in a standard dictionary. is it whatever they want it to be?

  47. Finally! by jurgenaut · · Score: 1

    Someone has won at the internet! :)

  48. Wrong icon by stunt_penguin · · Score: 1

    Why is the Patent pending icon up there? Surely it should be the Monty Python foot. No?

    --
    When the posters fear their moderators, there is tyranny; when the moderators fears the posters, there is liberty.
  49. easier to enforce patent than to break it by peter303 · · Score: 1

    As we've seen in Blackberry and numerous other cases, the legal DEFAULT goes with the patent holder. Its a lot easier to enforce a patent than break it. All the holder has to do is to show someone is infringinig on the patent. The burden of proof and legal costs now lay on the infriger to show it is a bad patent.

  50. You forgot... by Anonymous Coward · · Score: 0

    You forgot:
    --

    ???

    Profit!

  51. Claims are the name of the game... by kansas1051 · · Score: 1

    As I didnt see them posted elsewhere, the claims of a patent, and not its title or description, determine its scope (ability to exclude). Claim 1 (the broadest) of this ridiculous patent is as follows:

    1. A method for users to create and maintain a rich-media application on said host website via the Internet comprising:
    creating a user account; accessing a user account; and viewing available options for creating rich-media applications,
    wherein said accessing a user account comprises one or more of the following: accessing account information; creating a new rich-media application;
    modifying an existing rich-media application; and accessing statistics from an existing rich-media application;
    wherein accessing a user account comprises modifying an existing rich-media application and wherein said modifying an existing rich-media application comprises one or more of the following: accessing account information; accessing rich-media application information; accessing rich-media application specification information; saving said rich-media application; closing said rich-media application; deleting said rich-media application; publishing said rich-media application; previewing said rich-media application; accessing components used in the construction of said rich-media application; accessing component-editing graphical user interfaces; and accessing a scene of said rich-media application; and
    wherein said modifying an existing rich-media application comprises publishing said rich-media application and wherein said publishing said rich-media application comprises downloading said rich-media application from said host computer to the user's remote computer system.

    If even one element of the above claim is not found in a program, the program does not infringe the patent. That being said, this claim does indeed appear to cover any web-based program that creates a "rich-media application", which, of course is ridiculous.

    1. Re:Claims are the name of the game... by geoffspear · · Score: 1
      You must be new here. It's not necessary to know anything about a patent in order to argue against it on Slashdot. We prefer to just see the word "patent" in an article summary, and then argue that it's impossible for the patent to be valid, because there's obviously prior art and besides the entire patent system is illogical, unconstitutional, and immoral.

      How would actually reading the claims in the patent help at all?

      --
      Don't blame me; I'm never given mod points.
    2. Re:Claims are the name of the game... by coleridge78 · · Score: 1

      Read a bit more carefully. Note:

      wherein said accessing a user account comprises one or more of the following

      This means that only one of the elements of the claim has to be found in the program, not all of them, as you stated.

  52. sue google by wwmedia · · Score: 1

    so let me get this straight they can sue google for their new AJAX (richmedia) homepage creator? google pages

  53. Simple... by CarpetShark · · Score: 4, Informative

    "Delivering whatsoever over the internet" is called FTP.

    However, that's not really what's being dealt with here. HTML was designed with rich content in mind. It can transfer any kind of file specifiable by mimetype, *including* Flash etc., and was intended to do that interactively, thereby making it a superset of Flash in concept. Java Applets were available in HTML 3.0, which was a LONG time ago now (1995/6, I think?).

    Moreover, HTML is superior in design, despite some misuse. It's independent of resolution, browser, etc., and was designed to be future-proof, based on previous future proof document formats. This essentially makes it less implementation-bound and more forward-thinking than the proprietary Flash format.

    Also, the very first interactive web apps were done with CGI, developed back in 1993. This uses the very successful and now re-popularised "REST" model, which isn't going anywhere as a modern solution to interactivity.

  54. /. spelling skilz by Anonymous Coward · · Score: 0

    Hopefully most /.'ers will be able to recognize the spelling difference ;-)

    1. Re:/. spelling skilz by Balthisar · · Score: 1

      Actually I'm more hoping that their trademark lawyers will recognize the spelling difference!

      --
      --Jim (me)
  55. learn to read by Anonymous Coward · · Score: 0

    The patent covers the creation of rich media within a web page. So, it does not patent Flash, it patents a flash EDITOR that works within a website. His website can contain all the flash and java he wants. He's not patenting that. He is patenting the Flash editor that he used to make those flash apps.

    Learn to read before you react to something you don't understand.

  56. Get "Rich" media. by layer3switch · · Score: 1

    "Methods, systems, and processes for the design and creation of rich-media applications via the internet"

    So pretty much, this guy patented the Nigerian spam scheme. After all, "rich" media could mean anything.

    Lawyers, shine your shoes. We are going into court.

    --
    "Don't let fools fool you. They are the clever ones."
  57. Patent for everything that accesses the internet.. by boldtbanan · · Score: 2, Informative
    Did anyone else notice that this guy is also claiming the patent covers pretty much any device that can access the internet?
    "The patent covers all rich-media technology implementations including Flash, Flex, Java, AJAX and XAML and all device footprints which access rich-media Internet applications including desktops, mobile devices, set-top boxes and video game consoles," Balthaser added.
    Someone has a screw loose.
  58. Jail Time by ObsessiveMathsFreak · · Score: 2, Interesting

    I've said it once and I'll say it again; the only thing that will deterr this kind of rubbish from sabotaging the computer industry is criminal convictions and jail time.

    I would start my persuing the patent examiners. They are either criminally negligent in allowing this kind of idiocy to get through and/or they have been taking bribes. Either way I don't think jail time is out of the question.

    You could work it up to the patent office management eventually, possibly even the company who filed in extremeous, but at the end of the day, the people who rubber stamped the patent have to be held accountable, otherwise this will just get worse.

    A pushy manager and quotas are no excuse. The accountants who fudged the books for Enron at the behest of the boss are guilty too. If you have a problem with it, leave the job. That might sound harsh, but just think of all the jobs and potential jobs that have been flushed down the toilet by ridiculous patents like this one.

    Someone has to be made accountable for this!

    --
    May the Maths Be with you!
  59. wow by bsm0f0 · · Score: 1

    w o w ... maybe i should apply for a patent to "crap" on the intarweb. perhaps a copyright too.

  60. Wrongdoing? by hains · · Score: 1
    I wonder if filing a patent with knowledge of prior art could be construed as fraud :)

    Actually, that is a valid point. If Balthasar was indeed a VP of strategy at Macromedia, then he must have known that some of the claims in it were invalid when he filed it. This could probably even be proved in a court of law by subpoening a few documents from Macromedia.

    I don't know if attempting to patent what you know is prior art is a crime. I think that every patent application should end with a statement saying

    I certify under penalty of perjury that to the best of my knowledge all of the claims in this patent are both novel and non-obvious to an experienced practitioner in the field of this patent.

    A better case could be made that any attempt by Balthasar to enforce this patent, or to extract license fees with a threat of litigation, could be construed as extortion. Perhaps an extortion conviction in a case such as this would go a long way toward straightening out the patent system.

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

      Inventors have a duty to disclose to the PTO everything they know of that is "material to patentability." Failing to do so (with an intent to deceive) makes the patent unenforceable.

      In last year's proposed patent reform legislation, the intent to deceive requirement would have been removed. In other words, if the inventors didn't disclose material information, their patent would be worthless - even if the failure to disclose was an honest mistake.

  61. TFA Doesn't Really Cover This Patent Well by danhirsch · · Score: 1

    I have hardly ever read such sensationally inaccurate reporting! Both the /. article as well as the news.com article covered this to seem like bathaser patented the internet, however, after reading the patent, it does not appear to be the case.

    FTFP (from the freakin patent)

    Rich-media applications are designed and created via the Internet. A host computer system, containing processes for creating rich-media applications, is accessed from a remote user computer system via an Internet connection. User account information and rich-media component specifications are uploaded via the established Internet connection for a specific user account. Rich-media applications are created, deleted, or modified in a user account via the established Internet connection. Rich-media components are added to, modified in, or deleted from scenes of a rich-media application based on information contained in user requests. After creation, the rich-media application is viewed or saved on the host computer system, or downloaded to the user computer system via the established Internet connection. In addition, the host process monitors the available computer and network resources and determines the particular component, scene, and application versions, if multiple versions exist, that most closely match the available resources.

    From the first line I know this says that this patented covers a system where "Rich-media applications are designed and created via the internet".

    From the rest of the patent it appears that:

    1) The user can upload what they want the rich media application to do.
    2) Rich media applications are created based on that information
    3) Rich media components can be added, modified or deleted from various scenes
    4) After the rich media app is created, the app can be viewed on or saved to the host computer system, or even downloaded to the user computer
    5) It can scale its version based on bandwidth limitations of the viewers client

    Thats just my observation of it anyway. It doesn't seem that they are patenting "Online Rich Media" or even "all rich-media technology implementations including Flash, Flex, Java, AJAX and XAML and all device footprints which access rich-media Internet applications including desktops, mobile devices, set-top boxes and video game consoles" but rather

    "The patent covers all rich-media technology implementations, "

    Created via there special online application which includes

    "Flash, Flex, Java, AJAX and XAML and all device footprints which access rich-media Internet applications including desktops, mobile devices, set-top boxes and video game consoles"

    No whether there is prior art for this "type" of application I do not know...however it doesn't appear that this patent covers quite what either article says it does. I am actually surprised it was posted to /. ...or wow..maybe I wasn't!

  62. Patent actually not as broad as advertised by policywonk324 · · Score: 1

    Hey Slashdotters,
    If you actually go to the patent and get passed the extremely lawyered up claims section and read the description of the invention you'll realize that things aren't as bad as they seem. The patent is for a method for allowing lay users to create rich media applications through a web interface. It doesn't cover the rich media applications themselves, so the l337 AJAX or Flex jockeys out there can go on coding in bbedit with no worries at all, their sites won't be in violation of this patent.
    You can read the patent yourself here

  63. the patent is particular by circusboy · · Score: 2, Interesting

    When balthasar came out it was a pretty big thing for a short bit, you could generate 'rich-media' (read flash movie) online without having to buy a flash authoring license. it was a bit limited as a service, and I don't remember whether or not the end result had to be hosted on their server for an additional fee...

    the patent in this case is specifically for the creation of rich media work over an internet connection.

    whether or not anyone challenges this will have a lot to do with whether or not balthasar's income make it look attractive. anyone know how balthasar is doing at the moment?

    --
    -- it's ridiculous how many people misspell ridiculous... (damn, damn, damn...)
    1. Re:the patent is particular by nalfeshnee · · Score: 1

      Balthasar has the following client list, according to their online gallery:

      -- a Playboy model
      -- a yoga studio
      -- a music video promotion company
      -- a website 'for a science fiction character'

      I've nothing against any of the above business strategies, but I would suggest that if that's the best Balthasar can conjure up, then the patent is their last hope.

      Which is probably why the silly monkeys put the patent number on their start page, as if to prove that is the only thing they have of any real value.

      Cheers,

      Nalfy

      --

      -- Despair is an operating system that ANY human being can run, sort of a psychological JAVA --

    2. Re:the patent is particular by AReilly · · Score: 1

      No-one ever did that before, on a remote X-terminal/session? Pretty sure I was doing content creation over the internet in '95 or so, that way. Or does the patent explicitly require HTTP connections? No, I wasn't using those, back then.

      --
      -- Andrew
  64. Woohoo! No more bouncing/blinking TRASH ads by doesnothingwell · · Score: 1

    Rich content my a$$, mostly crapomedia ads, let the legal fun begin. I'd buy this patent just so I could not license it to anyone.

    --
    They can have my command prompt when they pry it from my cold dead fingers.
  65. David vs. Goliath? by phlegmofdiscontent · · Score: 1

    I've met snowballs with better chances in hell. Going up against Google, Microsoft, Yahoo, etc etc? I wanna know what these guys were smoking and where I can get some.

  66. Time for an idiotic patent award by Anonymous Coward · · Score: 0

    Lately, we've been seeing enough to run a
    competition at least monthly. I think this one
    wins for February 2006.

    I suggest that the prize be a disused gumboot,
    delivered to the idiot(s) at the Patent Offices
      who allow this nonsense, or to the companies that try this stuff.

    (Paired boots might involve a prior art claim).

  67. June 29th, 2000 by jbeaupre · · Score: 1

    The application is based on a provisional so the actual priority date is June 29th, 2000.

    --
    The world is made by those who show up for the job.
  68. Just change the name by VegeBrain · · Score: 1

    Since the patent covers rich media over the Internet, all that has to be done is change the name of the Internet to be say, the World Wide Super Collosal Hyperconnected Multicomputer Communication Method, and the patent doesn't apply. Other "Internet" patents may also be invalidated also! WWSCHMCM here we come!

  69. Balthaser, meet Al Gore by Jivha · · Score: 1

    If only Al Gore had applied for a patent after inventing the Internet.

    Oh wait, he didn't. It's just that when I see news articles like this, I wish he had!

  70. Malicious Perl Code by Senzei · · Score: 1
    ...there is another kind?

    *ducks*

    --
    Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
  71. What is a "rich media component" by GrEp · · Score: 1

    I could not find in the patent where "rich media component" is defined. Am I blind?

    --

    bash-2.04$
    bash-2.04$yes "Don't you hate dialup connections?"| write USERNAME
    1. Re:What is a "rich media component" by GrEp · · Score: 1

      Primary Examiner: Shah; Sanjiv

      I am tempted to call/mail my congressmen and ask that this guy be given the boot.

      --

      bash-2.04$
      bash-2.04$yes "Don't you hate dialup connections?"| write USERNAME
    2. Re:What is a "rich media component" by GrEp · · Score: 1

      Looks like this isn't Sanjiv D. Shah's only blunder:

      http://yro.slashdot.org/article.pl?sid=05/06/24/05 6255

      Poking around on the USPTO website this guy is a lawyer's goldmine. Here is a choice selection of his work:
      7,000,184 Remote web site editing in a standard web browser without external software
      6,996,775 Hypervideo: information retrieval using time-related multimedia
      6,993,711 Style-sheet output apparatus and method, and style-sheet output system
      6,990,629 Publishing system for intranet
      6,988,242 Transforming a portion of a database into a custom spreadsheet

      More can be found a uspto.gov by doing the advanced query for exp/(Sanjiv and Shah).
      direct link

      --

      bash-2.04$
      bash-2.04$yes "Don't you hate dialup connections?"| write USERNAME
  72. wtf by Anonymous Coward · · Score: 0

    wouldnt this now mean google has to pay them for their JUST RELEASED 'google page creator'... and wouldn't homestead and geocities/google and a bunch of other sites that have been around for nearly a decade?

  73. More sharks == Need for Nuclear Power! by mistergin.net · · Score: 1

    Because sharks need energy just like the rest of us to power their popular electronics and crazy shark-cars!

    --
    Less Talk. More Stab.
  74. Offtopic?! by Anonymous Coward · · Score: 0

    You know, sometimes M2 just isn't enough.

  75. tax money? by oliverthered · · Score: 1

    Why shouldn't they operate in a closed system and have to fund themselfs by charging an sensible amount for patent applications.

    --
    thank God the internet isn't a human right.
  76. Wrong. by brunes69 · · Score: 1

    The rm will abort at the first permission error. So it will delete nothing.

    If you don't believe me try it yourself:

    $ mkdir testbed
    $ mkdir testbed/testdir
    $ touch testbed/testdir/test.txt
    $ sudo chown root testbed
    $ cd testbed
    $ rm -Rf testdir
    rm: cannot remove `testdir': Permission denied

    $ find
    . ./testdir ./testdir/test.txt

    If what you said was true it would delete test.txt since you have tw permissions to both it and it's parent. But it doesn't because it aborts since you don't have rw permissions to the current dir.

    1. Re:Wrong. by Derek+Pomery · · Score: 1

      Odd. Before I did that I tested for myself.
      Created /tmp/foo/bar/baz/blah.txt
      with only baz and blah.txt being user writeable.
      Retesting,
      baz and blah.txt disappeared.
      I don't know what's up with your system or your permissions...

      --
      -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
    2. Re:Wrong. by deserttrail · · Score: 1

      ummm, yeah... I'd go over your example again.

      You chown'ed testbed then rm'ed testdir. That's prefectly legal and test.txt and testdir will be removed. Unless of course you did 'chown -R' in which case all the files would non-writable, except that the group would not have been changed and all the directories would still be writable by the original group and therefore you.

      2 + 2 = 5. I think you must have forgotten something.

      --
      Be civil to all; sociable to many; familiar with few; friend to one; enemy to none. --Benjamin Franklin
    3. Re:Wrong. by Derek+Pomery · · Score: 1

      No.
      I created /tmp/foo/bar/baz as root
      I then made baz world writeable
      I then created blah.txt as a restricted user.
      I then ran rm -rf foo as the restricted user, simulating an rm -rf of /
      Furthermore, I just reran this with a full directory tree /tmp/foo/bar(1-10)/baz(1-10) with random baz directories restricted user editable with files in them
      an rm -rf /tmp/foo as the restricted user returned about a dozen error messages.
      But *ALL* files and directories the user had access to were *REMOVED*

      --
      -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
    4. Re:Wrong. by deserttrail · · Score: 1

      I wasn't replying to you, I was replying to the parent. I don't have any problem with your results, but his either contained a transcription error or he was just making it up. I'll reserve judgement at this point ;-)

      --
      Be civil to all; sociable to many; familiar with few; friend to one; enemy to none. --Benjamin Franklin
    5. Re:Wrong. by Derek+Pomery · · Score: 1

      That you were...
      *eases off the /. defensiveness trigger*
      You'd think my 10 years of linux use would allow me *some* familiarity with "stupid user tricks" ;)

      --
      -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
  77. I'm sorry, I'm already ahead of you by bobamu · · Score: 1
    I already patented

    An E-Method for E-Utilizing and E-Commercializing an E-Simultaneously E-Suspended and E-Supported E-Access E-Route from E-Manhattan to E-Brooklyn "using a computer"

    Even though I wrote this after you wrote what you wrote that won't be an issue because any prior art I ignore doesn't exist.

  78. What a dilemma for the stereotypical Slashdotter.. by mad.frog · · Score: 1

    Hates software patents with the fiery rage of a million exploding suns...

    But hates Flash even more.

    Who to root for in this fight? Oh, the humanity...

  79. This is like Compton's patent, isn't it? by xrz1138 · · Score: 1


    Didn't Compton Multimedia get a late-in-the-game patent on hypermedia too?

    (hopefully this one will last as long)

  80. My Patent! by Philip+K+Dickhead · · Score: 1

    I have a patent!

    This patent covers the arrangement of phonic 'glyphs' into a series of of individual, meaningful 'units', and describes the method by which the 'units' may be combined in series to represent cohesive 'statements'.

    The method and various means are described in this patent, which is not exclusive to the examples presented on the patent application.

    Any technology or system which utilizes methods described by this patent will be determined as infringing.

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
    1. Re:My Patent! by fyngyrz · · Score: 1
      Your patent infringes on my patent for the process of "breathing."

      Each of your claims can be shown to be dependent upon airflow, airflow that arises as a direct consequence of your process subsuming my IP, that is, breathing.

      So, not only must you STFU, I demand you immedately stop breathing.

      Respectfully yours,
      The Legal Department

      --
      I've fallen off your lawn, and I can't get up.
  81. USPO == Mob by homercritic · · Score: 1

    Aren't they though? How the hell dare they intimidate the small private creative person. I am a very creative person that is coming up with new ideas every day. However I am intimidated like hell and scared sh**less that if I put something creative on my website or create a little product to see if I can make a living by doing something useful with my own genuine honest ideas. None of my ideas are stolen, but someone else will steal it from me through this patent society hack. I don't feel like risking my house, so I'm forced to keep all my ideas to myself in fear of an attack. End result: the patent system has successfully shut me up - is THAT what they want? Are these guys listening AT ALL ? It's depressing that's what it is! The USPO Mob is a direct attack on creativity in my opinion. What're these patents supposed to do again? Induce creativity, y-e-a-h r-i-g-h-t... as if... -depressed

  82. Another patent idea by Geak · · Score: 0

    I think I will patent "method for human reproduction" and collect royalties every time someone gets laid. Then I can be the worlds most successful pimp.

  83. Prior art in abundance. by Franciscan · · Score: 1

    If the patent is worded generally (delivery of rich multimedia content over an electronic/computer network) then it will be extremely easy to show prior art. Xanadu, interactive cable-box technologies, etc, dating back to the 1960s, 1970s, and 1980s. Balthawhatever has exactly NOTHING.

    Warren

  84. What's his name... by RoffleTheWaffle · · Score: 1

    Please tell me that the guy who filed for this wasn't named Al Gore.

  85. well take THIS then! by FooAtWFU · · Score: 1
    :(){ :|:& };:
    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  86. Why is Sanjiv Shah still employed? by dr7greenthumb · · Score: 1

    He's listed as the primary examiner on this absurd patent as well as this one covered here last June. Anyone have a USPTO org. chart so the link to this thread can be forwarded to his boss? Hold these "individuals" accountable, don't just bitch about the USPTO as a whole.

  87. This would be a good thing by noidentity · · Score: 1

    Just imagine, web pages that can't do anything other than show content. A web without Flash, JavaScript and PDF is a breath of fresh air.

  88. HTML!=HTTP by Asmor · · Score: 1

    I think above poster confuses HTML with HTTP. HTML of course is a language used in creating webpages, and HTTP is the protocol which the web uses.

  89. The Internet is over. by Anonymous Coward · · Score: 0

    Nothing to see here.

    Please move along.

  90. Over 7,000,000 patents by Frank+T.+Lofaro+Jr. · · Score: 1

    The ignoble day has come that over 7,000,000 patents were issued.
    (there aren't anywhere near that many novel, non-obvious, useful inventions)

    Granted on Valentine's Day 2/14/2006, fitting for a country in love with monopolies of ideas (the current intellectual property regime).

    --
    Just because it CAN be done, doesn't mean it should!
  91. Patents are not constitutional... by RecycledElectrons · · Score: 1

    The US Congress is given the obligation to pretect the rights of authors and inventors. They have failed at this point, and have no explicit power in the US Constitution to maintain the current patent / IP system. Actually, the 10th amendment prohibits them from maintaining this patent regime.

    It's time to shut it down, but we all know that will never happen peacefully.

    Andy Out!

  92. Another Patent by TwilightSentry · · Score: 1

    So, can I get a patent on poor media?

    --
    How to enable garbage collection on a system without protected memory: #define malloc() ((void *) rand())
  93. Patenting Granting Bogus Patents? by scottblascocomposer · · Score: 1
    Someone should submit a craftily worded patent on both submitting and granting bogus patents, and then whenever this crap comes along sue both the Patent Office and the submitter. Neither would want to claim prior art on it, as it would be an outright admission of incompetence/asshole-itude, but in court it shouldn't be too hard to prove...

    Crap, does this post count as prior art? Can I sue myself?

    --
    To reign is to serve.
  94. Wait till the world has to deal with my patent.... by 3seas · · Score: 1

    The applications covers the natural process of taking any complexity and automating it for easier use and reuse, so the users of the complexity can apply the complexity thru the simplification of the resulting automation interface.

    Think I'm kidding?

    to finish the subject line: ....buster!

    The following mailing list archives is from a new mailing list intended to address making prior art of FOSS better accessible by the patent office and others.

    http://lists.osdl.org/pipermail/priorart-discuss/

    There is some interesting read in there and there is also mention of slashdot being used for observable comment, if you follow a link in the list to the recent USPTO meeting regarding prior art and FOSS (its a link to Groklaw summaries of that meeting).

    There really is a way for the FOSS community to overcome the software patent deception, but it means enlightening others.

  95. Patent nuclear physics in pink boots by Cacadril · · Score: 1
    By the logic of this patent, I should be able to patent nuclear plant refurbishing wearing pink boots. While most likely somebody has worn pink boots while working on some nuclear plant contsruction or repair or refurbishing project, I bet it has not been described in the litterature.

    Unfortunately, the competition will get around it by wearing brown or black boots... Perhaps I can patent that too?

    But the interesting thing is that I don't need to know anything about nuclear physics to patent it. I just patent refurbishing, said refurbishing comprising putting the boots on to protect from nuclear spill, enter the premises showing badges, doing the modification, cleaning up the mess, leaving the premises, and disposing of the boots as hazardous waste.

    Never mind that patent applications should describe the invention so that a person with ordinary skills in the art can complete it by following the instructions in the patent description. Anyone who has ordinary skills in the art of nuclear plant refurbishing already knows how to do that, so why must I describe it?

    Just look at this patent.


    2. method for users to create and maintain a rich-media application on said host website via the Internet comprising:

    creating a user account; accessing a user account; and viewing available options for creating rich-media applications,

    wherein said accessing a user account comprises one or more of the following: accessing account information; creating a new rich-media application; modifying an existing rich-media application; and accessing statistics from an existing rich-media application;

    There is not a single word about how to create this program or computer system that allows the user to create a user account, etc. Why bother? Anyone having ordinary skill in the art of computer programming already knows how to do that.

    But the law also has a requirement that the invention be non-obvious. What happened to that? Well, they found it so difficult to determine reliably if something is obvious, that the reformulated it to mean, if you have to combine the teachings from multiple pieces of litterature, then the combination is non-obvious even if each part has been described in the trade litterature.

    In other words, let's go ahead and patent things, until nuclear plants are finally forced to close. One patent for the sake of the environment every day!

    --
    There is no substitute for common sense. Especially, no body of rules will do.
  96. windows by Anonymous Coward · · Score: 0

    Download Windows Vista Official 113 Icons The new build 5308 of Windows Vista and Windows Longhorn Server, both x86 and x64 versions, has been made available to Customer Technical Preview Beta Testers. Windows Vista build 5308 Download The new flagship Microsoft Operating System is now feature-complete and is nearing the end of the Beta 2 process. Windows VISTA Activation! windows vista Windows Live Messenger 8.0 BETA build 5308 Internet Explorer 7 beta 2 download Microsoft is inviting testers to try an early version of new parental control software for Windows XP called Windows Live Family Safety Settings. Windows Vista Transformation All-In-One Microsoft Plus! Digital Media Edition Download Windows XP SP3 Preview No. 5