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Streaming Patent Buoys RealNetworks

rishimathew writes writes to tell us The New York Times is reporting that RealNetworks recently received a patent for a specific way to stream multimedia content over the internet. From the article: "The patent, which is described as being for a 'multimedia communications system and method for providing audio on demand to subscribers' (No. 6,985,932), describes the idea of permitting a PC user to play back audio, video and other information on a PC. RealNetworks executives said the technology was distinguished from other similar systems by the fact that it permitted "intelligent" streaming of data in potentially congested networks."

35 of 133 comments (clear)

  1. Vague? by pembo13 · · Score: 3, Funny

    Are such vague terms as 'intelligent' really allowed in Patent Lawyer speak?

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:Vague? by NitsujTPU · · Score: 3, Funny

      Intelligent actually means something, the problem is, it's overused.

      IE, your clock radio syncing up to GMT is not "intelligent," your clock radio figuring out where your hand will be when you try to hit the snooze alarm, and walking out of the way so you don't hit it, is intelligent.

  2. Patents stink by LiquidCoooled · · Score: 5, Informative

    How the hell can the patent office survive for so much longer?

    This Real patent is just stupid "Click to stream", I'm actually wondering whether its announcement comes on the back of the changes Microsoft made to force people to click to activate?

    They should be bouyed up by the yellow stream coming out of every web developers *censored* as they piss all over them with newer improved methods for getting the data across.

    On that score, does anyone know which sites use Helix so I can blacklist them? (hosts format would be nice ;))

    The article also mentions that Real shouldn't even have it anyway:

    The new patent is known as a continuation patent, with additional claims based on an original filing in November 1994. One of the challenges that will confront RealNetworks in enforcing the patent is an earlier one owned by Apple Computer. Apple applied for a patent related to its QuickTime technology for streaming media in May 1994, before RealNetworks' first filing. The Apple patent, No. 5,561,670, for "method and apparatus for operating a multicast system on an unreliable network," was issued in October 1996. It appears the patent office examiners did not consider it in their evaluation of the RealNetworks patent.

    grrrrrrrrrrrrrrrrr

    --
    liqbase :: faster than paper
    1. Re:Patents stink by Anonymous Coward · · Score: 2, Funny

      Actually, RealNetworks has given a lot to the industry and have used their streaming technol

      Buffering...

    2. Re:Patents stink by Psykosys · · Score: 3, Informative

      The article's point wasn't that the patent shouldn't necessarily have been granted, just that the Patent Office should have considered prior art as a factor in its decision. Real's actual patent application seems to be fairly specific, pointing to the format's inclusion of metadata, and, more importantly, lossless audio sent out simultaneously to the lossy, to be used only when enough has been buffered. I don't think Quicktime adopted the same solution.

    3. Re:Patents stink by suv4x4 · · Score: 2, Funny

      This Real patent is just stupid "Click to stream", I'm actually wondering whether its announcement comes on the back of the changes Microsoft made to force people to click to activate?

      Don't worry if Real comes after Microsoft, they can just make IE "double click to stream".

    4. Re:Patents stink by mpe · · Score: 3, Informative

      The article's point wasn't that the patent shouldn't necessarily have been granted, just that the Patent Office should have considered prior art as a factor in its decision.

      The US Patent Office appears to have a specific method for finding "prior art". Which whilst it often results in false negatives, AFAIK, never results in false positives.

  3. OOH OOH! by TheJediGeek · · Score: 2, Interesting
    Does this mean that I can patent other common internet technologies by saying that mine does it "intelligently"?

    I think I'll patent instant messaging by saying that my technology "intelligently" transfers text back and forth...

    1. Re:OOH OOH! by jZnat · · Score: 3, Funny

      An intelligent filter that gets rid of annoying AOLers? Now that's the first legitly patentable idea I've heard for a long time!

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    2. Re:OOH OOH! by deathy_epl+ccs · · Score: 2, Funny

      An intelligent filter that gets rid of annoying AOLers? Now that's the first legitly patentable idea I've heard for a long time!

      Prior art... Smith & Wesson already has this one covered.

  4. Yet More Patent Abuse. by TooMuchEspressoGuy · · Score: 2, Insightful
    "The patent, which is described as being for a 'multimedia communications system and method for providing audio on demand to subscribers' (No. 6,985,932), describes the idea of permitting a PC user to play back audio, video and other information on a PC. RealNetworks executives said the technology was distinguished from other similar systems by the fact that it permitted "intelligent" streaming of data in potentially congested networks."

    What do you want to bet that RealNetworks is going to use this patent to sue anyone else who develops an "intelligent" method of streaming data?

    --
    Many Bothans died to bring you this sig.
    1. Re:Yet More Patent Abuse. by grumpyman · · Score: 2, Funny

      No worries, we can just name our method differently like "bonehead data streaming" or "dumbass multimedia packet routing"

  5. I think by Anonymous Coward · · Score: 5, Informative

    I think they patented the "fallback" scheme of streaming server/client.

    When your network goes havoc the 128kbit realaudio/video falls down to 96kbit first, than 64kbit etc. The trick is it also somehow "senses" the network lag has been fixed and it goes back to the normal level.

    That is half of the reason why on movie trailer sites you see multiple stream rates for windows media and one stream link (unified) for real media. The other reason is the "layered" way of doing things in realmedia. A single file can have multiple bitrates.

    These are things they invented or not, I don't really care. I don't also like the "patenting" of such things. There should be a way to make it free for opensource community implementing and not to Microsoft.

    Helix open source leg can do it?

    As I got my lesson from last time, posting as AC. Sorry :)

    1. Re:I think by ScrewMaster · · Score: 4, Insightful

      This is ridiculous. Modems have have had fall back and fall forward for years, by "intelligently" sensing line conditions and adjusting automatically for maximum throughput. This is hardly "novel". Has anyone actually seen a truly novel patent recently? I'd just like to know that people are still filing them.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:I think by Alkrun · · Score: 2, Interesting

      "There should be a way to make it free for opensource community implementing and not to Microsoft."

      There is a way. If the patent holder decides to license their technology for free to OSS then there you go. But it sounds like you're saying "I didn't invent this (I think it'll be argued that neither did Real Networks), but I like Open-Source software so there should be some form of exemption for OSS to ignore patents." Replace OSS with "huge corporate monopolies" and you could be a flack for Microsoft. Is that really the kind of life you want to lead?

      I think technology patents in this country are pretty far gone right now, but that just means the system needs overhaul, not that we need to cover every piece of evidence that the system is broken with a gigantic band-aid (and a heavily biased one at that), masking the problem.

    3. Re:I think by Aceticon · · Score: 2, Funny

      Aceticon's formula to come up with a patent that gets accepted by the USPTO:
      1) Choose one or more data transport related verb: "sending", "receiving", "delivering", "reading", "transmiting"
      2) Add a generic data format name (eg, "video", "audio", "text") or if all are taken a more specific one (eg "stock quotes", "tv clips")
      3) Add a data transport type name (eg "wireless", "internet")
      4) Optionally add a transport timing name (eg "asynchronous", "on request", "real-time")
      5) Mix it all up with some patentish wording to come up with a patent ( eg "a method for real-time wireless sending and recieving of audio" )
      6) Patent it (eg in our example we just patented mobile telephony)
      7) Sit on the patent for a couple of years
      8) Squeeze anybody that actually implements a working version of your algorithmic generated patent
      9) Profit!!!

  6. Oh, boy. by phillymjs · · Score: 3, Funny

    Cue an avalanche of "Buffering..." jokes in 3... 2... 1...

    ~Philly

    1. Re:Oh, boy. by Anonymous Coward · · Score: 5, Funny

      I think you meant:

      Cue an avalanche of "Buffering..." jokes in 3... 2...Buffering... 1...

  7. Real or Relevant? by Eberlin · · Score: 4, Interesting

    By Intelligent streaming, they mean it'll take over your machine and feed you adware AFTER getting the run-around on how to download the free version and signing away your firstborn, that is.

    Am I bitter? Yeah. Real was fairly innovative in the day and though Media Player had its part in shrinking the marketshare, it wasn't like Real didn't get pushy and lamer after a while. How's that OSS deal they had (was it helixcode?) going nowadays anyway?

    In other news, I wouldn't be surprised if the patent actually pertains to a streaming download occasionally interrupted by the word "Buffering" followed by 3 ellipses.

  8. WTF is streaming exactly? by Anonymous Coward · · Score: 2, Insightful

    There was me thinking TCP/IP already had flow control and packet prioritization. Let's call a spade a spade here, digital media is just data and traffic shaping has been around for years. What do Real think they have a patent on exactly and can I interest them in a bridge?

  9. They patented static text? by thallgren · · Score: 2, Funny

    So basically they patented a GUI with static text saying "Buffering..."? :-)

    1. Re:They patented static text? by MobileTatsu-NJG · · Score: 3, Funny

      "So basically they patented a GUI with static text saying "Buffering..."? :-)"

      That's more of a trademark than a patent.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  10. Re:Buoys? by escher · · Score: 2, Funny

    It's certianly not the quality of their code.

    (The one advantage to having worked there: I got to see why OOP in C++ is a Very Bad Idea.)

  11. Re:Vague? Only at NYT by xiando · · Score: 4, Informative

    "Abstract

    An audio-on-demand communication system provides real-time playback of audio data transferred via telephone lines or other communication links. One or more audio servers include memory banks which store compressed audio data. At the request of a user at a subscriber PC, an audio server transmits the compressed audio data over the communication link to the subscriber PC. The subscriber PC receives and decompresses the transmitted audio data in less than real-time using only the processing power of the CPU within the subscriber PC. According to one aspect of the present invention, high quality audio data compressed according to lossless compression techniques is transmitted together with normal quality audio data. According to another aspect of the present invention, metadata, or extra data, such as text, captions, still images, etc., is transmitted with audio data and is simultaneously displayed with corresponding audio data. The audio-on-demand system also provides a table of contents indicating significant divisions in the audio clip to be played and allows the user immediate access to audio data at the listed divisions. According to a further aspect of the present invention, servers and subscriber PCs are dynamically allocated based upon geographic location to provide the highest possible quality in the communication link." http://patft1.uspto.gov/netacgi/nph-Parser?Sect1=P TO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch- bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=6985932&O S=6985932&RS=6985932 The term 'intelligent' is no where to be found in the text of the actual patent, that's just the term RealNetworks used to explain how the program which apparently does little but show the fancy text message "Buffering" works.

  12. Real Alternative & Media Player Classic by citking · · Score: 3, Informative

    Before I found Real Alternative and its necessary companion Media Player Classic I stayed far, far away from anything that used Real Player. I didn't want messages about Brittney Spears in my system tray, I didn't want to click 4 different links to bypass their premium player, and I certainly shied away from the massive load time.

    I found out about it only after Click and Clack switched back to Real Player's format after having temporarily using Windows Media Player. Their reasoning was similar to mine; many older folks were having trouble locating the free Real Player. Despite the fact that Tom and Rau were able to make nice with Real Networks, I was never able to. But, thanks to my friend Sean, I shall never have to go through 4 different option menus to disable a message center again.

    Besides, the Real Alternative codec seems better able to stream than Real's own player software. I assume the codec is just the "guts" of the player with no fluff...perhaps all of the extra system resources are being used by, oh, the message center checking on the latest dirt about TomKat or something.

    --
    "This food is problematic."
  13. Ogg Vorbis Bitrate Peeling by fossa · · Score: 4, Informative

    Ogg Vorbis supports bitrate peeling, but it is not currently implemented. Apparently RealNetwork's SureStream encodes a given file at multiple bitrates resulting in a fat file, while bitrate peeling only needs a single encoding. Real's patent appears to be on the streaming logic to actually switch bitrate though, not the storage of bits in a file.

  14. Dammit.... by shr3k · · Score: 3, Funny

    "RealNetworks executives said the technology was distinguished from other similar systems by the fact that it permitted 'intelligent' streaming of data in potentially congested networks."

    Dammit! I just got finished patenting all the stupid ways of doing it...

  15. Real gets streaming patent, includes with FOSS Lic by kforeman · · Score: 3, Informative

    Great news for Linux and open source developers. Today Real announced it has added a fundamental patent for certain streaming media technology to its portfolio of patented innovations in digital media AND is automatically licensing the patented technology via its OSI-certified open source license for Helix DNA software, as Real has done with its other digital media patents embodied within Helix DNA Software. The recently-issued "Click-to-Stream" patent (U.S. Patent No. 6,985,932) covers the core methods used when a user selects a link to stream audio-visual content. The patent covers Real's groundbreaking technology innovations dating back to November 1994, four months before the introduction of RealAudio, which forever changed the Web by bringing streaming audio to the Internet for the first time. Real is indeed serious about open source software.

    Click-to-Stream joins the portfolio of over 35 patents related to digital media, many that are available to Helix DNA Software licensees. As many of you know, over 50 commercial and open source companies, including Nokia, Linspire, Motorola, Novell, Real, Red Hat, Samsung, Sony Ericsson, Sun Microsystems, Trolltech and Xandros, have licensed Helix DNA software and its patented technology to build media-enabled products.

    So what about the GPL license you ask? Yes, the Helix DNA Client (the FOSS media framework which supports any format and any operating system) is licensed under the GPL license. And what about patents under the GPL? As you may know, the proposed draft 3.0 of GPL contains an express patent license, whereas the current version of GPL being used by Real (version 2.0) does not contain a patent license. There is broad and public discussion about whether and to what extent an implicit patent license is or is not granted under the GPL, and if so, what the scope of such a license would be. Real's concerns regarding the uncertain nature of such an implied license has led Real to expressly disclaim any implied patent license under its GPL license grant, and to encourage Open Source developers who desire an express patent license from Real to take a license from Real under the RealNetworks Public Source License. For those who nevertheless prefer to use the code under the GPL, we assure you that Real has no plans to pursue any abiding GPL licensee of the Helix DNA Client software - We fully encourage open source software innovation and the collaboration among our licensees.

    Here is the actual announcement: http://www.realnetworks.com/company/press/releases

    Here is the licensing FAQ https://helixcommunity.org/content/faq-licenses

    Kevin Foreman,
    GM, Real

    --
    Kevin Foreman
  16. Um... by alerante · · Score: 2, Funny

    Am I the only one that read "Streaming Patent Buys RealNetworks" and thought, Yeah, I think the patent system needs some serious reform?

  17. We should all be so "desperate" as Real Networks by westlake · · Score: 2, Informative
    They're just getting desperate.

    Real Networks stock is up 38% since February. Rhapsody's subscription and download service is doing quite well, thank you very much, in a market dominated by iTunes.

    Results for the first quarter of 2006 will be released next week, but right now, things are looking pretty damn good for Real.

    RealNetworks Benefiting From Video Offerings

  18. Re:Real gets streaming patent, includes with FOSS by mikiN · · Score: 5, Informative

    The patent covers Real's groundbreaking technology innovations dating back to November 1994, four months before the introduction of RealAudio, which forever changed the Web by bringing streaming audio to the Internet for the first time.

    Not to be rude, as you may fool some younger Slashdotters, but not me. Fact is, there were streaming audio solutions on the Internet well before 1994. How do I know? Well, I took part in the development of one of them, and helped with the porting effort of several others.

    I'll keep the list of examples short and sweet, others may add as they please.

    AudioFile
    The Network Audio System (NAS)

    Note: These systems, as were several others, were OSS right from the start.

    --
    The Hacker's Guide To The Kernel: Don't panic()!
  19. Re:Real gets streaming patent, includes with FOSS by hotdiggitydawg · · Score: 3, Interesting

    Good point. From the NAS Documentation:

    In a client/server architecture, network transfer delays can cometimes make the arrival of data less predictable than if it were coming from a physical device. This can result in underruns (data not arriving in time) or overruns (more data arriving than there is room for) if the delays are sufficiently large. If an underrun or overrun occurs, the affected element is "Paused" until more data or space becomes available. To avoid pauses, applications can control the amount of data that is kept for each input and output element and can request notices whenever an input begins to run out of data or an output has to buffer up too much data.

    How does that fail to qualify as prior art?

  20. F'ing great by dspisak · · Score: 2, Informative

    Now RealNetwork's owns a patent on the "Buffering...." nonsense.

    I can just imagine folks the world over will be beating on their door to license such wonderfully working software!

    Or people could just do MPEG-4 or Quicktime streaming and never have to deal with the unending stream of "BUffering...." seen in almost any Real Networks product.

  21. what is so horrible about xvid? by AlgorithMan · · Score: 2, Interesting

    if hollywood didn't publish it's movie trailers in the quicktime and real formats then these formats were dead... but why do they do that? because they are just n00bs that have no clue how to save them in different formats on their mac?

    I don't think so...
    but why do they force people to use these properitary software players? (I just say "you want fullscreen? that costs 30$" thank you, apple) first of all this does NOT prevent the trailers from being downloaded, but I guess thats what they think...
    but what's the point in that? uh, people might have your trailers on their hard disks, they can watch them multiple times without stressing your servers and their bandwidth - they might show them to their friends and make them interested in your movies...

    I can't even come up with a funny or ridiculous example of a reason for forbidding the trailer-download...

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  22. Red herring. The codecs are still restricted by Bj�rn+Stenberg · · Score: 3, Informative
    So what about the GPL license you ask? Yes, the Helix DNA Client (the FOSS media framework which supports any format and any operating system) is licensed under the GPL license.

    Sure it is, but none of the codecs are. So it's 100% worthless.

    There are zillions of "frameworks" avalailable already. It's the codecs we need, and Real still requires their commercial license for those.