Slashdot Mirror


Intel Patents the "Digital Browser Phone"

tibbar66 writes, "This sounds like an invention that has been invented many times before (e.g. Skype). Yet on October 10, 2006 Intel was granted a patent for a 'digital browser phone.' The patent was filed on Feb. 25, 2000. Here's the abstract: 'A telephone system wherein all the functions of a digital telephone can be accessed and implemented on a personal computer alone, thereby eliminating the need for a telephone set. By means of the computer display and mouse, keyboard or other input/output command devices, a user accesses and implement all digital telephone functions without the physical telephone set, the personal computer also providing the audio function. A graphical representation of a telephone set or other telephone-related form is provided on the computer display and accessed by the mouse, keyboard or other command device, this being accomplished by a computer program providing graphical interface implementation. A significant advantage of the system is computer access to and utilization of digital telephone functions from a remote location with communication via Internet, LAN, WAN, RAS or other mediums.'"

170 comments

  1. Typical MS patent by solid_liq · · Score: 1

    Last I heard, that was a soft phone, commonly implemented to utilize the SIP protocol.

  2. Modem? by Anonymous Coward · · Score: 0

    So... they have patented the modem. Great job, Captain Obvious! Do they have some kind of entry test at the patent office to ensure only absolute hyper-morons work there?

  3. Actually it's Intel by grimmy · · Score: 5, Informative

    If the submitter RTFP they would have seen that it was Intel, not M$.

    1. Re:Actually it's Intel by kripkenstein · · Score: 5, Informative

      If the submitter RTFP they would have seen that it was Intel, not M$.

      Indeed. But if the patent office doesn't read the proposals, why should the Slashdot submitter? (Granted, the other option is that the patent office did read the proposal, but the patent office worker was so ignorant it sounded like a new idea to him/her.)

      Currently there are so many variations on this theme already in existence (Skype, Jajah, even Ekiga etc., in a sense), that it boggles the mind such a patent was granted. Yet, TFP says that the filing date was "February 25, 2000". How many of those were around circa 2000? Skype only began around 2002-2003 IIRC...

    2. Re:Actually it's Intel by Splab · · Score: 1

      Patent was filed in 2000 - thats way before Skype came to existance.

    3. Re:Actually it's Intel by mqduck · · Score: 2, Insightful
      Indeed. But if the patent office doesn't read the proposals, why should the Slashdot submitter? (Granted, the other option is that the patent office did read the proposal, but the patent office worker was so ignorant it sounded like a new idea to him/her.)


      I'm not proposing any theories here, but I do think you may be in danger of assuming incompetence where there's corruption.
      --
      Property is theft.
    4. Re:Actually it's Intel by Fearan · · Score: 1

      There were a lot of VoIP providers before 2000, the first of which I remember in '99 or so. http://www.intertangent.com/023346/Articles_and_Ne ws/1413.html states that there were some in 1998, with no mention of Microsoft. Now, I don't know if they used a virtual phone pad, but I'd gather to make PC-to-Phone calls, it couldn't have been much different. http://blog.tmcnet.com/blog/tom-keating/voip/voip- history.asp also has a lot of good info on VoIP history. If the Patent Officer had done 10 minutes of homework, I don't see how he could have granted this patent.

    5. Re:Actually it's Intel by M1FCJ · · Score: 1

      I was using Speakfree in late nineties and it was working perfectly fine way back then, even with 28.8k baud modems.

    6. Re:Actually it's Intel by devitto · · Score: 1

      Since the 'voice modem' was in existance such GUIs were around - certainly as easy as 1995.
      Though this was over PSTN not internet/LAN/WAM, 99% of the patent's detail is invalidated.

      US patent office is a waste of time, they approve everything and let the courts sort it out.

      You could patent a 'round low friction shape that spins about it's centre' I reckon....

    7. Re:Actually it's Intel by statusbar · · Score: 5, Interesting

      I helped port one from win3.1 to win95 in 1996... It worked over the LAN and Internet... It looked like a phone... It supported GSM encoding, and full-duplex audio if your sound card was good enough. The company name was 'Telit', and does not exist anymore.

      From archive.org:


      --jeffk++
      --
      ipv6 is my vpn
    8. Re:Actually it's Intel by Tim+C · · Score: 2, Informative

      Since the 'voice modem' was in existance such GUIs were around - certainly as easy as 1995.

      Doubtless - but that doesn't change the fact that the submitter

      1) incorrectly attributes the patent to MS rather than Intel
      2) tries to cite Skype as prior art when it didn't exist at the time of filing

      Even for a slashdot summary, that's pretty poor.

    9. Re:Actually it's Intel by udippel · · Score: 1

      Feb. 26, 1999
      is the priority date. So, forget 2000. What is needed is prior art, published, yes, on or before Feb. 25, 1999.

    10. Re:Actually it's Intel by ahbi · · Score: 1

      OK SlimShadey, I work with/against the PTO. If we could bribe them we probably would, but we can't and don't, and it certainly wouldn't be worth my livelihood if I got caught. I am sorry that incompetence is really what it is.
      You are dealing with (on both sides) a bureaucracy . A bureaucracy that involves somewhat competent but bored and certainly overworked people, where both sides are measured Draconianly on their "efficiency". Which means that both sides are racing to get through the current patent application and on to the next one, and whatever route gets you to the end most quickly with the highest hourly/disposal rates is what you have a tendency to do. Sometime I get a through and competent Office Action from the PTO, but it is rare and I hate it (while admiring the dedication to the job the Examiner showed) because it makes me slow down and do my job in that idealized way this are supposed to work. Because in reality patent applications are fought on technicalities. For example, "I sorry, Sec 103 (as clearly shown in your training manual) has a 3 part test, you only did part 1; so, my client gets his patent."
      Yeah the Examiner rarely understands the technology. And yeah they usually issue a rejection by comparing the figures of 2 patents to each other. And, yes, they usually reject a microelectronics application because the Moon is made out of green cheese. But this is a result of them being only given 8 (count 'em 8) hours to handle the entire application. What the fuck quality job do to expect from that?

      You want better work? Have Congress stop raiding their budget to add to the General Fund. Congress sees the PTO as a profit center not a technical resource.

      Now, Mr. Paranoid-Delusional, you go see a mental health worker and get some of your issues resolved.
      I know I am supposed to laugh and do "Ha ha, how drool that he claims corruption.", but in reality it just gets fucking old.

    11. Re:Actually it's Intel by kbahey · · Score: 1

      I used Media Ring as early as May 1999. They were the Skype of that time.

  4. What would these guys have to say? by Maltese+Falcon · · Score: 3, Informative

    As well as countless others, as M$ tries to rewite history: http://en.wikipedia.org/wiki/VocalTec_Internet_Pho ne

    1. Re:What would these guys have to say? by timeOday · · Score: 1

      See page 28 for a 1996 review.

  5. Can anyone repeat after me ? by Der+PC · · Score: 2, Insightful

    Skype ?

    Or any SIP or H323 application that predates Skype ?

    Isn't it time for Americans to revolt agains the patent crazyness ?

    --
    This signature is DRM protected. By the DMCA, you are not allowed to counteract or oppose to it.
    1. Re:Can anyone repeat after me ? by ViaD · · Score: 0

      "Isn't it time for Americans to revolt agains the patent crazyness?"
      Both patents and pirate downloads are driven by greed. It will not stop. A revolt won't help.

    2. Re:Can anyone repeat after me ? by dbg400 · · Score: 1

      Net2Phone were using the PC as a phone some time before 2000 - http://web.net2phone.com/about/company/timeline.as p. PC to US freephone numbers were free, with US/Canada landline calls charged to pre-paid credit. It was a bit on the choppy side (on a 28.8K connection) when I tried it around '97/'98, but the interface matched that described in the patent abstract pretty well.

  6. It's an intel patent not MS by Zuul · · Score: 2, Informative

    From TFA:

    Assignee: Intel Corporation (Santa Clara, CA)

    So what happened to actually reading the submission before posting them on ./?

    Also Skype is from 2002 and the patent was filed in 2000, so that makes for a poor prior art.

    1. Re:It's an intel patent not MS by Vlad_the_Inhaler · · Score: 4, Insightful

      So we get a Slashdot post about the USPTO not looking at the patent application properly, where the poster (or /. editor) did not look at it either. My brain hurts.

      Whatever, as someone else here said, Vocaltec started the ball rolling back in 1995. Maybe they only patented in Israel, not the US, but that won't help Intel here.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    2. Re:It's an intel patent not MS by joebp · · Score: 1
      So what happened to actually reading the submission before posting them on ./?
      You know who I blame for this?! Microsoft!
  7. Out dates Skype by Anonymous Coward · · Score: 0

    The patent was filed on Feb. 25, 2000.

    And Skype received it founding funding in 2002. Though this isn't to say someone else doesn't have prior art to it..

  8. WOW by Neuropol · · Score: 1

    really reinventing the wheel on this one guys!

    I do believe VoIP has had this covered for a while in it's own form.

    It's just that MS decided to romance the right people and had the major phone technology under lock down until they could perfect it's usage in this means. Now that they have it figured out, they're acting like they just found The Lost Ark.

  9. I've seen devices like that by Anonymous Coward · · Score: 2, Funny

    In star trek the next generation '87-'94. Does that count as prior art? No pun intended.

    1. Re:I've seen devices like that by bfree · · Score: 2, Insightful

      The fscking phone itself should count as prior art! Perhaps, just perhaps (I'm not willing to go near it to find out) there is something in this patent which is new and non-obvious (from slashdot alone I'd say not but I know better then to believe anything on here). Odds are however that this is little more then a description of re-implementing a regular telephone with digital circuitry. For some reason the USPTO seems to think that doing $anything "on a computer" is patentable in of itself no matter how unpatentable $anything might be. Would they have accepted a patent for using a general purpose computer (with display, keyboard and/or mouse) as a calculator at some stage? Obviousness test ... nope let the courts handle that?

      --

      Never underestimate the dark side of the Source

    2. Re:I've seen devices like that by Teppic_52 · · Score: 2, Informative

      Dunno, but I do have prior art, and unlike most of Intels patents it's not just a loose description, but real software!
      I have a cd that came with a serial modem containing software that fits the description of the patent, and the copyright notice is 1999. When I took a look into the manual it was the Feb 1999 edition, and the 'last modified' date of installer on the disk is 3.3.1998.

    3. Re:I've seen devices like that by udippel · · Score: 1

      Fine, so. Read the f***** claims: TCP/IP over PBX. Your serial modem doesn't cut it. You send anything (graphics, claim !) over TCP/IP ? I guess not. I rather assume the signals are synchronous phone signals.

  10. veracity check by Anonymous Coward · · Score: 3, Funny

    I was with the patent requestors technically until "A preferred program is commercially available from Microsoft Corporation and known as ActiveX control. ActiveX control enables one to develop sophisticated controls...". Now I realize this was some kind of joke.

  11. Another reason to use Jajah by cucucu · · Score: 1

    For me this is another reason to use Jajah Web: it does not infringe this patent.

  12. Re:Typical MS patent, 'cept it's Intel... by OmniGeek · · Score: 1

    Sounds like another silly patent on something obvious and common; the relevant question is, was it obvious and common in 2000 when the application was filed, or was it really original and novel at that time?

    It seems unlikely that it was really novel then, but I don't actually know for sure.

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
  13. USPTO, wake up or go away! by hulkio · · Score: 3, Informative
    Seems to me that the USPTO is slowly but surely loosing its meaning. I mean, there was so much prior art on this one, how could they even consider the application in the first place? The more they accept these kind of patents, the less they serve their purpose. Their mission (from their site):
    USPTO encourages technological advancement by providing incentives to invent, invest in, and disclose new technology worldwide
    . Seems to me that their mission is more like:
    USPTO encourages its own financial advancement and the proliferation of unproductive patent law firms by providing incentives to create legal ammo for the big corporations that can afford the insanly expensive process of filing a patent
    . Oh well, we will just have to produce and sell our nice new inventions from China where they could not care less about respecting and enforcing all that nonsense.
    1. Re:USPTO, wake up or go away! by Vlad_the_Inhaler · · Score: 1

      I can't remember the original quote, it went something like this: everyone in life has a purpose, even if its to serve as a bad example. This is the purpose of the USPTO, to show us Europeans how not to do it. Of course we have special interest groups (patent lawyers, some large companies) who would like this but the USPTO is an excellent 'bad example'. It is a pity they can't patent themselves to stop imitations.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    2. Re:USPTO, wake up or go away! by John+Hasler · · Score: 1

      Have you read the claims? If not you have no idea whether or not there is anything new in this patent.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:USPTO, wake up or go away! by slughead · · Score: 1

      USPTO encourages its own financial advancement and the proliferation of unproductive patent law firms by providing incentives to create legal ammo for the big corporations that can afford the insanly expensive process of filing a patent

      It's cheap to file a patent.

      The reason you file one is so that way, when you find someone has violated your patent, you SUE them and use your patent documents as slam-dunk evidence in court (provided that it predates THEIR patent and adequately describes the device THEY created).

      Patent law is 2 fold.

      Patenting things that already exist, therefore, is not a big deal. However, patenting things that everyone uses (like navigation frames on a webpage) is downright evil.

    4. Re:USPTO, wake up or go away! by DerGeist · · Score: 1
      You're thinking of a Demotivational poster from Despair.com.

      It's entitled "Mistakes" and says:

      It could be that the purpose of your life is only to serve as a warning to others.
    5. Re:USPTO, wake up or go away! by Anonymous Coward · · Score: 0

      "Have you read the claims? If not you have no idea whether or not there is anything new in this patent."

      If you read the patent claims and you somehow "infringe", then they are awarded triple "damages".

      I prefer remaining in blissful ignorance, thanks.

    6. Re:USPTO, wake up or go away! by SpacePunk · · Score: 1

      As far as the USPTO is concerned, prior art only exists within it's library of existing patents.

    7. Re:USPTO, wake up or go away! by hulkio · · Score: 1

      Hummm, interesting. Thanks for the info. Does that mean that I can file a patent application for something that already exist but does not have a patent covering it?

    8. Re:USPTO, wake up or go away! by SpacePunk · · Score: 1

      Might as well. Searches for prior art happens only within their files. There is no incentive to search for prior art that hasn't been patented.

  14. Consequences and [OT] patent rumor by Lord+Satri · · Score: 3, Interesting

    This story is just another reason to hate patents. If the iPod's clickwheel could be used by other manufacturers, than everybody and Apple would need to offer -more- and thus, innovate, to make sure they keep their customers and sell their devices. (ok. maybe it's not the patent themselves the problem, but how long they are enforced. I feel 2 to 5 years should be enough...) Same for this MS patent which sound a little too much obvious technology to me.

    And the off-topic part, Apple came up with an interesting yet-another-patent one for a configurable input system (patent screenshots included). In short: "The concept is based around adding physical/tactile controls over a touch-sensitive pad. By having such a modular system, an iPod or laptop could become even more multi-functional." As much as this patent is interesting and could help transform computers into something more versatile and useful, it's still a patent which impedes anyone else using the idea at the commercial level.

    1. Re:Consequences and [OT] patent rumor by vhogemann · · Score: 1

      I have tho disagree with you,

      The iPod clickwheel was a true innovation, that no one has come with before. So my opinion is that it was a valid and fair patent.

      On the other side, this Apple's new patent application just defines a particular use for an touchscreen... something that has been around for ages.

      --
      ---- You know how some doctors have the Messiah complex - they need to save the world? You've got the "Rubik's" complex
    2. Re:Consequences and [OT] patent rumor by MadEE · · Score: 2, Insightful
      As much as this patent is interesting and could help transform computers into something more versatile and useful, it's still a patent which impedes anyone else using the idea at the commercial level.
      I am all for patent reform but... Isn't that the whole point of patents?
    3. Re:Consequences and [OT] patent rumor by Lord+Satri · · Score: 1

      "I have tho disagree with you, The iPod clickwheel was a true innovation, that no one has come with before. So my opinion is that it was a valid and fair patent."

      ?? My point was that patent are, as implemented right now, impeding innovation instead of encouraging it. In the actual system, yes, the clickwheel is a valid and fair patent. I see no disagreement anywhere.

    4. Re:Consequences and [OT] patent rumor by Tim+C · · Score: 1

      Isn't that the whole point of patents?

      No, patents are supposed to encourage investment in research and development by granting a limited-time monopoly, thus aiding the patentor in recouping their investment and making a profit. They are also supposed to ensure that knowledge becomes public, as the patent is supposed to go into enough detail that a skilled practitioner in the relevant field could reproduce the subject of the patent.

      Preventing others from using the subject of the patent in their own products/processes is a consequence of the implementation of the first aim; it is not the sole aim of patents.

    5. Re:Consequences and [OT] patent rumor by Anonymous Coward · · Score: 0

      If the iPod's clickwheel could be used by other manufacturers, than everybody and Apple ... would not pay billions in R&D and just wait for a garage inventor to come up with an idea and then steal it. Please think your childish thoughts through.

    6. Re:Consequences and [OT] patent rumor by MadEE · · Score: 1
      Preventing others from using the subject of the patent in their own products/processes is a consequence of the implementation of the first aim; it is not the sole aim of patents.
      If the owner of the patent markets a product that uses the features described in the patent the R&D costs are recouped though the sale of the product. Preventing others from using the subject of the patent for it's term is the prerogative of the owner of the patent. Is there really much difference between refusing to license a patent and charging a license fee that would be so excessive it is undesirable.
    7. Re:Consequences and [OT] patent rumor by Angostura · · Score: 1
      If the iPod's clickwheel could be used by other manufacturers, than everybody and Apple would need to offer -more- and thus, innovate, to make sure they keep their customers and sell their devices


      Alternatively: If the iPod's clickwheel could be used by other manufacturers, than Apple wouldn't have bothered with the R&D required to come up with it, since the ROI would have been negative
    8. Re:Consequences and [OT] patent rumor by insomniac8400 · · Score: 1

      The click wheel isn't a problem anymore. Full screen players won't have room for them. The problem is codecs and drm. This hurts the customers the most. Of course the music industry loves it, because if you switch from an ipod to a zune, you need to rebuy all you music.

  15. Re:Typical MS patent, 'cept it's Intel... by tsa · · Score: 1

    Wasn't there ICQ back then? I think that is prior art to at least some parts of the patent.

    --

    -- Cheers!

  16. It's *not* impossible! by YA_Python_dev · · Score: 2, Interesting
    Both patents and pirate downloads are driven by greed. It will not stop. A revolt won't help.

    It seems to work here in Europe: after a big campaign of small IT businesses and citizens, the European Parliament rejected a proposal for introducing software patents in the EU.

    Sure, the "war" is far from over, but we have won each "battle" so far. But I fear that we have a big probability of losing, unless software patents are challenged also in the rest of the world.

    So, please, if you live in the USA or in Japan write to your MPs and tell them why sw patents are absurd and should never be granted, you will help yourself and us in Europe too! Don't think it's impossible: try!

    More references:

    --
    There's a hidden treasure in Python 3.x: __prepare__()
  17. YAWN... by Anonymous Coward · · Score: 0

    boring

  18. openh323 by Anonymous Coward · · Score: 2, Insightful

    The open h323 project was started in 1998 and had a soft phone by 2000. This should count as prior art. http://www.openh323.org/fom-serve/cache/3.html

    It also stinks that they get to sit on it for 6 years from date of filing. Patents used to be valid for 20 years from date of filing, now a company can sit on it, tweek it, and get 17 years from date of issue (AFIK).

  19. CuSeeme by Anonymous Coward · · Score: 0

    CuSeeme was similar and much earlier. You could speak to and see people by going through a central exchange (reflectors), or directly person to person. A videophone in other words, all by "clicking buttons" on the computer.

  20. Prior art? by gstovall · · Score: 3, Insightful

    Heh? In 1994, we were already buying commercial softphone applications for PC to PC telephony. In 1995, we had the ability to click a button on a web browser and launch a voice session with a customer service rep in an ACD pool. In 1996, we demonstrated a macintosh running voip software connected to a gateway that put the voice session out on an ISUP trunk to an M-1 PBX. I'm having difficulty understanding the originality of a 2000 filing on this subject.

  21. Re:Typical MS patent, 'cept it's Intel... by rvw · · Score: 3, Interesting

    I had an IBM Aptiva in 1997 with a phone system. I could telephone other people using the computer. This was done using a normal telephone line, no adsl or cable. The computer was not online. When somebody phoned me, I would hear a ringtone via the loudspeakers, and I could talk using a microphone. I used it several times, but it wasn't really practical, especially because of sound quality.

  22. Re:Typical MS patent, 'cept it's Intel... by NormalVisual · · Score: 1, Informative

    NetPhone was around 10 years ago, and although it didn't provide a POTS gateway, it did allow you to talk to other NetPhone-equipped parties using a telephone-like interface remarkably similar to the softphones of today.

    I think someone at the USPTO needs a cockpunch.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  23. Piece of the action by DreadfulGrape · · Score: 1

    Clearly it's time to submit my patent for a four-wheeled carriage device, powered by an internal combustion engine (an invention for which I also have patent-pending)...

    --
    sig has been sent away for a few small repairs...
    1. Re:Piece of the action by Anonymous Coward · · Score: 0

      Internal? I mount my engine on the top of the carriage. I call it the external combustion engine.

  24. Claim priority over some earlier, what's this? by grimJester · · Score: 2, Interesting

    "CROSS REFERENCE TO A RELATED APPLICATION

    Applicants hereby claim priority based on Provisional Application No. 60/121,755 filed Feb. 26, 1999 and entitled "Digital Browser Phone" which is incorporated herein by reference"

    If I read this correctly, they claim priority over _someone_else's_ patent filing by referring to an earlier filing by themselves.

  25. 1973 invention by trboyden · · Score: 2, Informative

    Regardless of whether M$ or Intel are the grantees of this bogus patent. VoIP and by extension a digital phone set via PC were invented by Danny Cohen in 1973 via an ARPA sponsored project involving the predecessor to VoIP - Network Voice Protocol (NVP). Read more on Wikipedia. In addition to this prior art, Cisco would probably have some disagreement with the validity of this patent as well with their Personal Communicator Application.

  26. WTF? by Tekoneiric · · Score: 1

    Are the people at the USPTO on drugs or do they just have their heads up their corn holes?

    --
    *It's not what you can do for the Dark Side but what the Dark Side can do for you!*
    1. Re:WTF? by Anonymous Coward · · Score: 0

      well.. "someone" i know *ahem* did smoke herbs with a couple of patent examiners once...

      I don't recall them being gymnasts, however.

  27. Easy out of this by WindBourne · · Score: 2, Insightful

    in ~1995, I was working at Bell Labs/Lucent on the velociraptor project. Part of that WAS the desktop system as described.

    Man, I swear that gov has fallen apart over the last 5 years. Patents as screwy as this show either an actual attempt by the gov. to hire idiots (hard to believe considering the economy of the last 6 years), that it is purposely trying to allow BS patents to major companies (conspiracy theorists unite), or that it is being severely underfunded( Bingo ) .

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Easy out of this by Anonymous Coward · · Score: 1, Insightful

      Patents as screwy as this show either an actual attempt by the gov. to hire idiots (hard to believe considering the economy of the last 6 years), that it is purposely trying to allow BS patents to major companies (conspiracy theorists unite), or that it is being severely underfunded( Bingo ).

      It's none of the above, though a few wealthy corporations are certainly applying political pressure to continue the disaster of patentable software. It's simply that the entire notion of granting patents to software is based on multiple fallacies. Therefore, it simply is not possible for the USPTO to do this job in a sensible way.

    2. Re:Easy out of this by ScrewMaster · · Score: 2, Insightful

      Actually, it's all of the above. If you think that software patents were invented out of thin air by Congress you're wrong: left to themselves they aren't that interested in the issue. As it happens, a lot of big interests lobbied hard for them just like they are currently doing in the EU. It was no accident. The USPTO also has funding problems and those also were no accident because Congress changed the way the office is funded.

      You're also right: it really isn't possible to issue software patents in a sensible way. However, if you're going have the stupid things it would be possible to issue them in a less senseless way, by simply not issuing the vast majority of them.

      The problem currently goes well beyond software patents: we experiencing what happens when a wayward patent office issues thousands upon thousands of bogus patents of all kinds because it is no longer capable of making the required distinctions. It's just not good enough to issue a patent and let any claimed infringements get resolved in court, because an obvious or overbroad patent is still a patent and can be used to suppress competition just as much as a good patent. The only solution is to do what the USPTO did pretty well for centuries: don't issue bad patents. A patent office that cannot do that is a national liability. It's certainly no asset, much less capable of promoting the advancement of the useful arts and sciences, etc.

      The fact that we took an already seriously damaged patent system and tossed software patents on top was just adding insult to injury.

      Thanks again, Congress.

      --
      The higher the technology, the sharper that two-edged sword.
  28. Speak Freely in 1991. by Anonymous Coward · · Score: 0

    "Speak Freely is a 100% software-based VoIP phone originally written in 1991 by John Walker, founder of Autodesk."

    http://www.speakfreely.org/history.html

    Another thing: the abstract talks about "A graphical representation of a telephone set or other telephone-related form is provided". So, those VOIP/telephone programs that don't look like a phone aren't violating this patent?

  29. One thing about patents. by 91degrees · · Score: 1

    The abstract isn't the patent. It's just a summary of what the patent is for.

    The actual patent is a specific means of implementing the invention. This means that lots of people can have a patent on different ways to achieve a similar result.

  30. In-depth analysis on why these patents should fail by D4C5CE · · Score: 1
    It seems to work here in Europe: after a big campaign of small IT businesses and citizens, the European Parliament rejected a proposal for introducing software patents in the EU.
    An article and book just out show why rejecting software patents is the only sound policy from the perspective of every discipline that has looked at them, be it IP law, economics, or computer science.
  31. Supreme Court: Examiner JimBob is an idiot by davidwr · · Score: 1

    WASHINGTON, THE NEAR FUTURE:
    The Supreme Court threw a monkey wrench into American Industry today when it ruled that any patent examiner who issues "idiotic" patents makes all patents issued by him suspect. In the case of Microsoft vs. The Free The Fone Foundation, the court threw out US Patent 7,120,140 over prior art considerations. Said the court: "Not only was there prior art, but anyone with a modicum of intelligence and resources could have found it. We further rule that during the period of 2000-2006, the members of the team that granted this patent either lacked the intelligence or the resources to do their jobs. Therefore, we are declaring that all patents issued between 2000-2006 who were researched by members of this team no longer have the assumption of validity patents typically enjoy. We are ordering the patent office to promptly redo the work on any such patent at its own expense upon request by any interested party."

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  32. prior art up the wazoo by sloth+jr · · Score: 1

    Okay, patent application submitted 2000. I distinctly recall my human-computer interaction class in *1997* wherein one assignment was to create a phone interface. This was an undergraduate class, and the topic didn't seem all that revolutionary even then.

    Surely, a patent that deserves to be dismissed.

    sloth jr

  33. It's the other way round by njdj · · Score: 1

    Patents used to be valid for 20 years from date of filing, now a company can sit on it, tweek it, and get 17 years from date of issue (AFIK).

    It's the other way round: Patents used to be valid for 17 years from date of issue (allowing 'submarine' patents). Since 1995, they are valid for 20 years from date of filing.

    That's a broad summary of the situation; for the details see a law site, e.g. here.

  34. Re:Typical MS patent, 'cept it's Intel... by EABinGA · · Score: 2, Informative

    Wasn't that Net2Phone?

    Here is the companys timeline. http://web.net2phone.com/about/company/timeline.as p

    And here is the archive of their website from february 1997 http://web.archive.org/web/19970205073734/http://w ww.net2phone.com/

  35. Now I'm pissed by killercoder · · Score: 1

    I've written Soft Phones (3 at last count), worked on my own pesky SIP stack, and generally done my best to advance the State-of-the-art at the company I work for. Here is why I'm pissed, the patent refers to a test system they built using the Netmeeting SDK. Ahem, Netmeeting is H323, a technology Avaya and others pioneered years prior to the filing. In fact, if memory serves, Avaya and others have offerred a Softphone similiar to their original invention years prior to their eureka date. No, I don't work for Avaya, but they are one of my firms suppliers. Nortel has also offerred this for a while. Now, due to the messed up US Patent system, this patent can be used to sue for royalities for a couple of years till its tossed. Killer

    1. Re:Now I'm pissed by quixote9 · · Score: 1

      Even I know this stuff was around before 2005, and I'm so far away from it that, well, I have heard of voip. Interesting to read the unanimous bogglement of folks who know. Clearly, the USPTO is as stuffed as FEMA, Homeland "Security,"and the innards of voting machines. So now what? Anyone out there who knows enough about how USPTO should work to have ideas on how to fix this? I mean, sure, hire better people, but what's the most elegant, effective, /. way of doing that?

  36. there needs to be a devil's advocate... by mliikset · · Score: 1

    ...in the patent system, patent applicants aren't going to list prior art, and other interested parties aren't routinely aware of some of these over-the-top applications. The Patent Office needs an overhaul (I personally believe that software patents are inappropriate, but I'm apprehensive about what would happen if they were abolished, since so many have been granted).
    As a stopgap, 'submarining' patents should be criminalized (it is prohibitively difficult to investigate whether a patent already exists), and demonstration of actual implementation should be a condition for granting patents. Patents shouldn't be meant to reward thought processes that may occur to other inventors, they should be to protect those who would actually implement their original ideas.

    1. Re:there needs to be a devil's advocate... by Anonymous Coward · · Score: 0

      ...in the patent system, patent applicants aren't going to list prior art

      And they are required to under the law. If you can prove they had knowledge of existing prior art, which is a bit hard to do, the patent can be revoked on the grounds that they did not file for their patent in good faith. It also looks really bad for the company too, if this happens.

    2. Re:there needs to be a devil's advocate... by mliikset · · Score: 1

      as you say, it's a bit hard to prove, so in all except the most egregious (what are those?) cases prior art will be declared to be irrelevent if acknowledged at all by applicants, with the knowledge that the process can't/won't exhaustively investigate (at least the Patent Office has more means at its disposal than most inventors) prior art, patentability, or even if a similar patent exists.

  37. when the revolution comes by eneville · · Score: 1

    i propose overthrowing the government. it will benefit just about every other company. surely people like song/panasonic etc must be thinking the same

    1. Re:when the revolution comes by Anonymous Coward · · Score: 0

      > i propose overthrowing the government. it will benefit just about every other company. surely people like song/panasonic etc must be thinking the same

      Roger that.

      Black helicopters dispatched and en route....

  38. More Slashdot ignorance by dilute · · Score: 4, Informative

    For a community so up in arms about patents, the level of ignorance here about patents is astounding.

    What a patent actually COVERS is what is in the CLAIMS. The abstract means NOTHING. Here is the text of the three principal claims of this patent:

    1. An apparatus, comprising: an interface to connect to a synchronous digital link and to send and receive digital signals to and from a telephone switch over the synchronous digital link; a controller to generate graphical display information and events based on the digital signals received over the interface; and logic to communicate over an asynchronous digital link, to convert the digital signals to an asynchronous format, and to transmit the digital signals and the graphical display information and events over the asynchronous digital link, wherein the logic is arranged to receive key press and hook state commands over the asynchronous digital link.

    3. A method, comprising: receiving digital data from a public branch exchange (PBX) over a synchronous digital communication link; generating graphical display information and events based on the received digital data; transmitting the graphical display information and events over an asynchronous Internet protocol (IP) link; receiving a key press and hook state command over the asynchronous Internet protocol (IP) link; translating the key press and hook state command to a different format; and transmitting the translated key press and hook state command to the PBX over the synchronous digital communication link.

    6. A computer readable medium including instructions that, when executed, cause a computer to: convert received light events and display updates to a graphical format; cause a first display device to display a digital telephone including the light events and display updates; convert received input device data that is related to the displayed digital telephone into a packetized format, wherein the input device data includes a key press and hook state commands over asynchronous Internet protocol (IP) link; and transmit the packetized input device data over the asynchronous Internet protocol (IP) link.

    Also, the patent was based on an earlier application filed on February 25, 1999. For most purposes, the date against which to shoot with any invalidating prior art would have to be Feb. 25, 1998 or earlier. Having to go back these two additional years makes it much harder to shoot down this patent than it would be if the relevant time frame was 2000, as implied by the lead post.

    I don't know if the patent is valid or not, but it certainly has a lot more merit than suggested.

    Plus, as has been pointed out above, the patent owner was Intel, not the hated Microsoft.

    But, after all, this is Slashdot, so why be burdened by any actual facts?

    1. Re:More Slashdot ignorance by udippel · · Score: 1

      Fantastic !
      Thanks for pointing out a lot of reasonable items. (to the unwashed masses of /.)
      One thing, though, I can't follow your logic of going back two years. Priority is claimed for February 26, 1999. Where do you get the other one year from ?

    2. Re:More Slashdot ignorance by Anonymous Coward · · Score: 0

      Also, the patent was based on an earlier application filed on February 25, 1999.

      No, this was based on a provisional application dated February 26, 1999. Prior art need only exist on February 25, 1999 or earlier to invalidate this patent.

      I don't know if the patent is valid or not, but it certainly has a lot more merit than suggested.

      Can you please provide some argument to support this claim? I would like to refute your argument, but all you have done is list out some of the content of the patent and said, "Look! See! It is meritorious." If testing the validity of a patent were that simple, we would not need patent examiners.

    3. Re:More Slashdot ignorance by cluelessTypeOfGuy · · Score: 1

      Yet again, even after reading this patent claim, it is still clear that they have patented NetMeeting and its cousins, which existed in 1998 and before.

      All that mumbo-jumbo language states that they are patenting software that converts your voice/video into data on one side and back to voice (or maybe video, or anything graphical) on other side.

      I remember that NetMeeting had this functionality much before 1999.

      Or maybe I am wrong?

    4. Re:More Slashdot ignorance by Anonymous Coward · · Score: 0

      A patentee can rely on the inventors conception date and reduction to practice dates which are almost always before the earliest filing dates of the patent application and swear behind some types of prior art refernces. The type that can't be sworn behind are the ones more than 1 year prior to earliest effective filing date, which includes the applications upon which priority is claimed, in this case the provisional application dated Feb 1999 is earliest effective filing date, so prior art to be a clear prior art refence must be from before Feb 1998.

      Also the synch digital link limitations in the claim may knock out a lot of what people think is prior art (although voice over T-1 links might qualify- anyone remember when T-1 was for voice!)

    5. Re:More Slashdot ignorance by DRJlaw · · Score: 2, Informative

      No, this was based on a provisional application dated February 26, 1999. Prior art need only exist on February 25, 1999 or earlier to invalidate this patent.

      No, a reference needs to have existed as of February 25,1998 in order to conclusively invalidate the patent under 35 U.S.C. sec. 102(b).

      You are free to argue that a reference dated between between February 26, 1998 and February 25, 1899 is prior art under 35 U.S.C. sec 102(a) or other similar provisions, but then you also need to prove that the reference predates the patent owner's-inventor's date of invention, otherwise it is not prior art. The inventor is also free to argue in return that he/she/they conceived of the invention and began to diligently seek to reduce it to practice prior to the date of the reference, and thus can push back the date and show that the reference is not prior art.

      Patent attorneys know that it is far easier to invalidate a patent under section 102(b) then under section 102(a), and routinely look for art that predates the patent filing by more than a year because failing to do so magnifies both the expense of invalidating a patent and the uncertainty in the likelihood of success.

      The grandparent stated "For most purposes, the date against which to shoot with any invalidating prior art would have to be Feb. 25, 1998 or earlier." The grandparent is absolutely correct.

      I don't know if the patent is valid or not, but it certainly has a lot more merit than suggested.

      Umm, the earlier the priority date, the smaller the universe of potential prior art in a field, and the greater the likelihood of validity? Drop the smart-ass tone. The patent is presumed valid under 35 U.S.C. sec. 282. If you can prove that the patent is invalid, then demonstrate your skills. Those of us who contribute legal knowledge free of charge to these discussions have neither the time nor the inclination to teach you the entirety of patent practice just to support an elementary point.

    6. Re:More Slashdot ignorance by Anonymous Coward · · Score: 0

      Umm, the earlier the priority date, the smaller the universe of potential prior art in a field, and the greater the likelihood of validity? Drop the smart-ass tone. The patent is presumed valid under 35 U.S.C. sec. 282. If you can prove that the patent is invalid, then demonstrate your skills. Those of us who contribute legal knowledge free of charge to these discussions have neither the time nor the inclination to teach you the entirety of patent practice just to support an elementary point.

      Your head is stuck in the legal universe. The grandparent claimed it to be meritorious. He did not provide an argument. Just because the court gives a granted patent a presumption of validity is not an argument in support of the technological validity of the patent. The technological validity of the patent is why this is even being discussed on Slashdot. If you agree with the grandparent and believe the patent is valid, please provide an argument less circular than I presume it to be valid since it was granted.

      No, this was based on a provisional application dated February 26, 1999. Prior art need only exist on February 25, 1999 or earlier to invalidate this patent.

      This statement is entirely accurate and you have not demonstrated otherwise.

    7. Re:More Slashdot ignorance by dilute · · Score: 1

      You really want something a year or more before the earliest filing date. Otherwise you get into factual disputes regarding dates of invention.

      If you care, you can look up the entire history of this patent in the U.S. Patent Office at portal.uspto.gov.

      If you look at the file history, you will see that the "synchronous data link" limitation (and other limitations) were introduced into the principal claims of the patent after the initial set of claims (which did not have these limitations) were rejected by the Patent Office. The abstract (which has only bibliographic significance) was never amended. So Slashdot picked up on the abstract, without realizing that the broadest aspects of what is described in the abstract was completely amended out of the claims, early on in the patent process.

      Maybe I'm missing something, but Ethernet is an asynchronous protocol.

      So, while it might be valid, the patent might not be that broad.

    8. Re:More Slashdot ignorance by DRJlaw · · Score: 1

      The legal universe is the one that determines whether or not one will be compelled to pay damages for infringing upon the claims of the patent. You would do well to remember that.

      As to the rest, the original poster stated "I don't know if the patent is valid or not, but it certainly has a lot more merit than suggested" and "For most purposes, the date against which to shoot with any invalidating prior art would have to be Feb. 25, 1998 or earlier." Both statements are absolutely valid when read as a whole. The poster did not state that the patent was valid, and did not state that prior art could only exist prior to Feb 25, 1998.

      I will not waste further time arguing with an anonymous coward who constructs strawman arguments to cover his ass and claim victory. The statements that were originally made were far more correct than any of your contributions.

    9. Re:More Slashdot ignorance by bit01 · · Score: 1

      The abstract means NOTHING.

      Gosh, you mean the patent office doesn't make sure that the abstract represents an actual, I don't know, abstract of the significant points of the patent? Their incompetence knows no bounds.

      This is getting so bad that I'm starting to think that it's not incompetence but corruption. With the amount of money involved, the ambiguity and the lack of accountability it would not be at all surprising.

      But, after all, this is Slashdot, so why be burdened by any actual facts?

      Don't let the facts get in the way of trollish over-generalization. Most slashdot readers are well aware of the importance of the claims.

      ---

      Creating simple artificial scarcity with copyright and patents on things that can be copied billions of times at minimal cost is a fundamentally stupid economic idea.

    10. Re:More Slashdot ignorance by j_square · · Score: 1

      Even though this regards a US patent, one should remember that there are some differences between US and "the rest of the world" regarding "First to Invent" vs. "First to File", see e.g.
      http://en.wikipedia.org/wiki/Prior_art
      Thus the grace period for prior art need not apply universally...

      Just my $0.02...

  39. Re:Typical MS patent, 'cept it's Intel... by Anonymous Coward · · Score: 0

    I remember ICQ back in 1998 (probably 1997, but '98 at the latest). CUSEEME, or whatever it was called, existed even earlier. I bet Wired magazine has an article from before this patent was filed about a slew of web startups pushing online telephony software. Do patent examiners search wired for prior art? Or do we have to do that for them?

  40. Read the claims, not the rest of the patent by rswail · · Score: 3, Informative

    Only the claims have any real standing when testing a patent... the first claim is for:

    An apparatus, comprising: an interface to connect to a synchronous digital link and to send and receive digital signals to and from a telephone switch over the synchronous digital link; a controller to generate graphical display information and events based on the digital signals received over the interface; and logic to communicate over an asynchronous digital link, to convert the digital signals to an asynchronous format, and to transmit the digital signals and the graphical display information and events over the asynchronous digital link, wherein the logic is arranged to receive key press and hook state commands over the asynchronous digital link.

    So this patent only covers an interface that communicates over a synchronous digital link, ie, ye old PBX. It doesn't cover any of the VoIP/SIP/RTP solutions. The first claim is too broad, in that PBX's have had this sort of controller/logic etc, so the subsequent claims come into play.

    Claim 3 talks about receiving digital data from a public branch exchange (PBX) over a synchronous digital communication link; so it's talking about POTS (Plain Old Telephone Service), admittedly over the newer digital circuits. Again, not VoIP/SIP/RTP.

    Claim 6 talks about a "medium" wherein the input device data includes a key press and hook state commands over asynchronous Internet protocol (IP) link;. So if you're not sending the equivalent of key presses and on/off hook states over the IP link, again, you're outside the bounds of the patent.

    1. Re:Read the claims, not the rest of the patent by Arimus · · Score: 1

      I know of one or two military based comm's systems which send pressel indication over the voice stream as either in-band or out of band signals. Some of these signals can depending on the network topology be sent in IP based datastreams.

      --
      --- Users are like bacteria -> Each one causing a thousand tiny crises until the host finally gives up and dies.
    2. Re:Read the claims, not the rest of the patent by udippel · · Score: 1
      True, and thanks for pointing a few things out.
      One thing, though, is IMHO overdone:

      So if you're not sending the equivalent of key presses and on/off hook states over the IP link, again, you're outside the bounds of the patent.

      Now think hard and tell me - for a system with TCP/IP in between - how to start-stop the communication (that is logon-logoff) if not by a key press / mouse click ?

    3. Re:Read the claims, not the rest of the patent by plopez · · Score: 1

      Back in '95 we were using auto-dialers hooked up to digital switches to send pages, text messages and to dial phns. Would that be connsidered prior art?

      It was cool, you would click on an SA's name, the SA's phn number and a text message box would come up, you entered the text and sent the page. Alternately, you could just have it dial via PBX for you and call their office directly.

      Something I wish I had as I navigate through address books in my email client and then have to manually dial out via our IP phns at work.

      --
      putting the 'B' in LGBTQ+
  41. First thing and still always forgotten by udippel · · Score: 1

    A patent abstract may contain any crap of someone's liking.

    I simply wished, that after so many reminders as dished out by myself and others, the editors finally understood (and referenced) the independent claims (or maybe the claims, if independent sounds too difficult), please ?!

    There is enough 'itsatrap' and FUD around. Let's be professional on /. and cite claims instead of crap.

    1. Re:First thing and still always forgotten by SheeEttin · · Score: 1
      Let's be professional on /. and cite claims instead of crap
      I'm sorry, have you gotten lost? This is Slashdot.
  42. Re:Typical MS patent, 'cept it's Intel... by Spruitje · · Score: 1

    Prior art.
    Around 1996 Apple had a geoport express modem with software.
    You could connect this modem (which in fact only contained a ring detector and a D/A A/D convertor) to a quadra 660av or 840av.

  43. PGPfone by metamatic · · Score: 1

    PGPfone was around way before 2000.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  44. Star Trek can't be prior art by woodsrunner · · Score: 1

    Not prior art because Star Trek happens in the future.

  45. Apple Was Selling This in 1993 by woodsrunner · · Score: 1

    The 840AV had a fully functional software phone and answering machine. It worked great and was to market in 1993. Read about it in Byte: http://www.byte.com/art/9401/sec9/art5.htm The Quadra 840AV's DSP uses a real-time operating system that can perform several signal-processing tasks simultaneously. One such task is the sound preprocessing for PlainTalk. Other programmed functions that the DSP can handle are telephony, modem, and fax operations. A bundled Telephone application lets the Quadra act as a phone, and, with the Apple AudioVision monitor, you can actually use the system as a speakerphone. Telephone can also answer the phone, play a recorded message, and then record a message from the caller--but you'll need lots of hard disk space to record digitized messages.

    1. Re:Apple Was Selling This in 1993 by Vlad_the_Inhaler · · Score: 1

      but you'll need lots of hard disk space to record digitized messages.
      Now that dates it, in so many ways. I had a 270MB Disc around then, the only partition I have nowadays which would fit on that is /boot (and '/', although it is larger for emergencies).

      Who the hell thought anyone wanted to save all that digitized speech anyway, the NSA? It would be illegal here (Germany) for privacy reasons.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    2. Re:Apple Was Selling This in 1993 by dfghjk · · Score: 1

      If you had bothered to read the claims in the patent, you'd realize that the Apple machine you referenced does none of those things. Apple wasn't "selling this in 1993".

      The Byte article was interesting, though, for showing just how lame Apple machines were in those times. It was 1994 and macs were just getting SCSI DMA? Apple integrates a DSP that isn't fast enough to emulate (then) current modem standards? It's no wonder their business went down the drain.

  46. Re:Typical MS patent, 'cept it's Intel... by laffer1 · · Score: 1

    I can go even farther back. My first PC was a Packard Bell which had phone software that allowed me to use speakerphone from the computer using a phone like interface and it also was fax and answering machine software. My PC shipped with WFW 3.11 in 1995 right before the Windows 95 launch. I got a "free" upgrade to Windows 95 and a newer version of the software that worked with it. I no longer have the PC, but I think I still have the CD somewhere.

  47. Oh goodie by HangingChad · · Score: 1

    Another patent win for Captain Obvious!

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  48. Re:Typical MS patent, 'cept it's Intel... by Anonymous Coward · · Score: 1, Informative
    Wired magazine | Issue 4.03 | March 1996

    UPDATA

    A Call to Phones
    When the first Internet telephone hit the market last spring, the response was enormous - at least according to VocalTec Inc. The maker of the mercurial Internet Phone, VocalTec claimed 150,000 downloads from its Web site in the first three months of the software's release. The barbarians were at the gate, ready to topple the telco monarchs. A flurry of other, less polished computer- to-computer telephony products followed. Soon enough, folks with IPhones and similar permutations would be barking up and down the Net, and old Ma Bell would have to fall in line with lower long-distance rates. Yet, across jumpy, static-filled connections it was most often the uncomfortable, fuzzy silence of communication delays that resounded across the ether.

    And guess what? A year later, the transmission delay is still there (yes, even in full duplex conversations), and Internet telephony - with all its "hang-ups" - has yet to revolutionize telecommunications. But no matter: International Discount Telecommunications Corp. (http://www.ios.com/), a Hackensack, New Jersey, Internet access provider and callback service, is positioning itself to become the first company to market with a computer-to-telephone product early this summer.

    The company's Net2Phone software will soon enable users to dial any phone number - straight from their computers. Howard Jonas, Discount Telecommunications Corp.'s president, points out that while the typical international call runs at approximately US$120 an hour, the figure will be closer to $6 with Net2Phone. What will telephone companies worldwide say about this? "I'm sure nobody likes it, but there's nothing they can do," he says. "They hated the callback business, too." Jonas pioneered the squirrelly and very profitable callback service in 1991, much to the chagrin of telcos that stood to make money in IDT's place.

    International Discount Telecommunications won't be alone in the campaign to cheapen international calls. A project called Free World Dialup (http://www.pulver.com/fwd/), which launched in January and will run through April, is accomplishing exactly what its title suggests: providing people with free links from the Net to international phone lines. Jeff Pulver, one of the volunteer organizers of Free World Dialup, says the project is simply an experiment for proof of concept. Pulver, who also moderates the NetWatch mailing list, a discussion group for Internet telephony issues, adds that he wouldn't mind rattling some chains in the process. "It's the spirit of the Net," he says. Problem is, the Net is also marked by bandwidth limitations that keep Internet telephony quality down - a prime reason telecom execs aren't up at night sweating bullets. Until the arrival of technology that will create real competition, Pulver says, "there's a coolness factor to Internet telephony, and then it just goes away."

    Roderick Simpson

    [Original story in Wired 3.10, page 140.]
  49. Re:Typical MS patent, 'cept it's Intel... by udippel · · Score: 1
    although it didn't provide a POTS gateway,

    Which would exactly make it patentable.
    That doesn't mean that there is any sound reason to dish one out, but your argument shows exactly that you don't understand the patent system.
    You simply have too much common sense for patents ! ;)

  50. Re:Typical MS patent, 'cept it's Intel... by udippel · · Score: 1
    Hell, the question isn't what it does, but if you have prior art for their combination of PBX and TCP/IP. Refer to the claims, please !

    I guess I'll be modded redundant, but this is what the thing claims, and not what you write:
    An apparatus, comprising: an interface to connect to a synchronous digital link and to send and receive digital signals to and from a telephone switch over the synchronous digital link; a controller to generate graphical display information and events based on the digital signals received over the interface; and logic to communicate over an asynchronous digital link, to convert the digital signals to an asynchronous format, and to transmit the digital signals and the graphical display information and events over the asynchronous digital link, wherein the logic is arranged to receive key press and hook state commands over the asynchronous digital link.

    You have prior art for this ?

  51. I'm going for the mother of all patents by notnAP · · Score: 1
    This reference to prior applications gave me an idea...

    I'm going to patent inventing things. My concept is that "by creating new things, you improve efficiency." You can improve productivity in a number of ways, including just by working harder (see my other patent filing). This patent seeks to cover the process of inventing new processes.

    And I'm going to refernce everyone who came before me and had the audacity to use my process to create things.

    You all owe me big time.

    1. Re:I'm going for the mother of all patents by CuttingEdge · · Score: 1

      Hey, wait just a darn cotten picken minute; just when did you start inventing things? I bet I've got prior art on that you young wipper snapper! As for working harder, you can have that one. Oh wait, nope, my parents generation has the prior art on that! They worked harder while I work smarter by creating new things thus improving efficiency! Got these patents covered going back hundreds of years before the good old US of A or Canada for that matter even existed! I'll be taking the patent "tax" cut on all those inventions young buck, we've been on the cutting edge for a long time!

  52. Digital Equipment Corporation had this in '83 by Archeopteryx · · Score: 1

    The Dec Rainbow machine had phone capabilities if I recall correctly.

    I think I could now patent the spoon if I worded the damned thing correctly. The USPTO should be ashamed.

    --
    Dog is my co-pilot.
    1. Re:Digital Equipment Corporation had this in '83 by Anonymous Coward · · Score: 0

      As far as I remember, the "phone" application from DEC was a text-based chat application, not voice.

      The earliest voice-based applications as described that I know of date probably from the early 90's (maybe late 80's) and used ISDN, but maybe others might have been shown before. On PC, I tried one of the first VoIP systems in 1995.

  53. Criminal charges need to be filed by Anonymous Coward · · Score: 1, Interesting

    When you submit a patent application, you need to declare under penalty of law there is no reason you know of the patent should not be issued. So, in such a glaring case of prior art, it seems quite possible the people who submitted this application knowingly broke the law by failing to disclose prior art they knew of and if so they should be prosecuted (or failing that fired for being so inept and ignorant of their field :-), and a trial should determine their criminal innonence or guilt. Enough trials like that and bogus patent applications might drop in number.

    1. Re:Criminal charges need to be filed by Anonymous Coward · · Score: 0

      The the patent was based on an earlier application filed on February 25, 1999. For most purposes, the date against which to shoot with any invalidating prior art would have to be Feb. 25, 1998 or earlier. But even if you only go back to 2000, which "prior art" are you talking about (and do you even know what "prior art" is)???

  54. Prior Art by shareme · · Score: 1

    Prior Art: ONStar?

    --
    Fred Grott(aka shareme) http://mobilebytes.wordpress.com
    1. Re:Prior Art by Penguinoflight · · Score: 1

      they were founded in 1999, that doesn't mean they had a product that did this in 1999.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
      1 John 4:14
  55. Net2Phone Patent by Alien54 · · Score: 1

    On June 1, 2006, Net2Phone (the Internet telephone unit of IDT Corp.) filed a lawsuit against eBay and Skype accusing the unit of infringing US Patent 6,108,704 which was granted in 2000. Maybe they should File against Microsoft as well....

    --
    "It is a greater offense to steal men's labor, than their clothes"
  56. Re:Typical MS patent, 'cept it's Intel... by NormalVisual · · Score: 1

    It was actually a different product, but just the same it's good to have even more evidence that this was hardly a novel idea worthy of patent protection in 2000.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  57. Re:Typical MS patent, 'cept it's Intel... by Anonymous Coward · · Score: 0

    Of course is was obvious!

    I remember windows 3.1 and 95 both had a program to make phone calls on the computer, it presented a display on the computer to "dial" much like a real phone. And this was before 2000.

  58. Dialpad? by Metasquares · · Score: 2

    There used to be something called Dialpad that seems to have done just this. Googling it, it seems that it was recently acquired by Yahoo!

  59. Prior Art - Dialpad by kilroy3k · · Score: 2

    http://www.dialpad.com/ - I used them when they first came out in 1999 because of the really cheap international rates. They had a browser based phone interface which used an activex control for communications when they first started out. Definate prior art.....

  60. Re:Typical MS patent, 'cept it's Intel... by smallfries · · Score: 1

    I went to VON (Voice On the Net) 2000 where a lot of people were already exhibiting working systems that implement what the patent describes. The patent is a dead duck. Tons of prior art, and an entire tradeshow devoted to the fact that it was obvious to 'one proficient in the field'. SIP was already around then - designed to interface between different implementations of software phones.

    You have to remember that lots of shit patents are filed, but then never used. This will sit in a cupboard forever as it is not worth the money to try and defend it.

    --
    Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
  61. Prior Art by iCEBaLM · · Score: 2

    Here's some prior art: dialpad in 1999.

  62. Dilogic by cdn-programmer · · Score: 1

    Dilogic has had sychronous cards out since at least 1995. I'll bet that Asterix will support sychronous.

    This illustrates again what is wrong with the USPTO and software patents in general.

  63. I used a system like this in 1999 by kawabago · · Score: 0

    There is so much prior art to this invention the patent office simply is no longer able to do it's job.

  64. Re:Typical MS patent, 'cept it's Intel... by fyngyrz · · Score: 3, Insightful
    You simply have too much common sense for patents

    Right; patents aren't about common sense. Patents are about suppressing creative thought because some fool got to an office first. Probably the single greatest stumbling block to technology and progress humanity has ever had the misfortune to allow to be thrust upon itself.

    --
    I've fallen off your lawn, and I can't get up.
  65. Skymall by Anonymous Coward · · Score: 0

    I saw some $19.95 product in SkyMall (right next to the remote control blimp/scalp massager) a few years back that did the exact same thing. Prior art?

  66. it took them 6years by Sfing_ter · · Score: 1

    to file a patent on phone dialer?

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  67. simpsons already did that! by kimvette · · Score: 1

    Well, not the Simpsons, but everyone except Microsoft has already been doing this for year. Hell, there are plenty of free VOIP programs that are freeware or open source, and have been since the '90s.

    Hey Microsoft! 1997 called and they want their prior art back!

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  68. Sinclair "One-Per-Desk" - released in 1984 by Joce640k · · Score: 1

    This Sinclair* machine was released in 1984:

    http://www.old-computers.com/museum/computer.asp?s t=1&c=275

    * I think Sinclair was sold under the "Timex" brand in the USA.

    --
    No sig today...
  69. Re:Typical MS patent, 'cept it's Intel... by MSZ · · Score: 1

    Also Lucent (BCS, later Avaya) had softphone application (though working with their PBX only) back then. It was quite crappy piece of software, but it did have all the features mentioned. It could work both VoIP (proprietary) or forwarding to actual phone.

    --
    The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
  70. one of my first REAL computers..... by westcoast+philly · · Score: 1

    had one of these. back in 1996 my mom bought a Compaq Presario that came loaded with a windows shell called Tabworks. it was laid out like a day planner with different pages for the different (windows 3.1) windows. it also came loaded with a speakerphone. a graphical representation of a phone.. that you use the mouse to dial, and everything. I'm just amazed that Intel finally came up with something like that, I was getting worried that I may have been insane, imagining future technology. I, for one, welcome out graphical-represented telephony-patenting overlords. but does it run on linux?

  71. Re:Typical MS patent, 'cept it's Intel... by MSZ · · Score: 1

    I personally don't, but you should ask around Lucent or Avaya, I think they have. But hurry before Bell Labs are razed to make space for a new golf field for the board & CEO.

    --
    The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
  72. They are running the epatent algorithm again by Tablizer · · Score: 1


        h = openFile("ordinary_behavior.txt");
        while (w = readNextWord(h)) {
            if (random(0.0,1.0) > 0.96) {
                  w = w + " using a computer ";
            }
            print(w);
        }

  73. Did MS make P2P VTC and call it Browser-Phone? by OldHawk777 · · Score: 1

    I thought peer to peer (P2P, point to point, person to person, ...) computer communications was around before VTC. Also, I thought VTC was around a few years prior to VoIP.

    Well IPR laws work well for controlling market share and holding customer hostages by first claim of a technology/science/engineering term an/or phrase. More USA dejure CorporatistCommunism mislabeled as legal competitive capitalism .... It has all become very pitifully funny that marketer-spin, IPR awarded by phrase, obvious no IPR prior art ... then ConArtIt as creative. I wish we had at least one Albert Einstein (in charge) in the USA IPR offices that could stop the paper pushers and signature automaton processes.

    ===
    I know we have a few new politicians in the Congress, but they will just screw it up IPR laws more.

    I mean look at the last 30 to 40 years; every time the politicians say they are going to fix a problem (Education, Health, Banking, Science, Military, Civil Service, Economy ...) they run to the selfish-interest for advice on how to make the problem a more profitable, dysfunctional, and expensive FUBAR with getting rich pork for which civil service is blamed for failures, and public teachers, doctors, workers receive to much pay and benefits in the view of politicians, HMOs, CEOs, CFOs, politicians, televangelist ... pay, benefits, and options rewards increase as the selfish-interest decision makers whine-piss-moan about taxes, their rights/property, and their sex lives being unfair/troubling.

    USA Selfish-interest decision makers (Corporatist-communist/politicians) had the bright idea that HMOs (and other BS) would fix the (1960-present) problem of rising medical cost. They said that school vouchers would fix the public education (1970-present) problems in the USA, now poor public education is considered a National Disaster threatening our National Security. They said Welfare handouts would raise poor folks out of poverty, welfare cost a lot, did little, and still is considered an expensive mess ... the poor should not be blamed or penalized for the failure by decision makers to lead and make sound and reasonable decisions. Welfare [some say] was designed to keep the illiterate exploitable poor on isolated urban reservations as a cheap labor pool. Social Security is another hood-wink for US ... eliminate a real-debt by shifting blame onto the expensive do-nothing unhealthy elderly, take all their property and money before they can leave it to their children, but end the inheritance tax on the obscenely selfish-interest wealthy. Selfish-interest/politicians hawk-spin a conflict as a war to justify spending more tax dolors to benefit corporatist and wealthy contributors then destroy young American lives, no need for drafts, or rationing (just spend, spend, spend ...) just some poor warm honorable patriotic bodies for a less than holy (more evil) cause.

    Oh hell, we're fucked by selfish-interest rapist and apparently we will not notice our fall any quicker than the Romans.

    I will always hope the USA can (for two thousand years or more) be a beacon to humanity for democracy, freedom, capitalism, charity, education, science, philosophy, art ..., but selfish-interest greed of corporatist, politicians, televangelist ... appears to be ending our USA destiny even before we grow out of spoiled idealistic childhood. What will be will be WWIII for our babies.

    Yes, I know I like eventually drifting off-topic ....

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  74. Did it in 1991 (and I even have the t-shirt) by karl.auerbach · · Score: 1

    Back in 1991 at the Interop trade show my company (Epilogue Technology) helped Simon Hackett (now of Internode in Adalaide), show "Etherphones". (Some rather nice T-shirts were made to note the event.)

    These were internet based telephones that ran using phone handsets hooked to sound cards in PC's.

    The caller would call - and of course software on the PC was involved - making a connection over UDP.

    So I would say that MS's patent claims were merely prettier versions of what was more than 6 years earlier.

    But even earlier, back in the 1970's or 1980's, the folks at ISI (Marina del Rey) and SRI (Menlo Park, Calif.) had voice over the net. I understand that at one time they even had a van driving up/down US 101 with an internet phone in it.

  75. Investigative Reporters? by Tablizer · · Score: 1

    The patent exanimers should be forced to take drug tests. Anyhow, is there any way for a reporter to trace it back to the granters and reviewers, and quiz them up the wazoo? As long as it is a closed-door process, there won't be any real strutiny.

  76. Tons of prior art by DrYak · · Score: 1
    the filing date was "February 25, 2000". How many of those were around circa 2000? Skype only began around 2002-2003


    Speak-Freely - a unix and windows VoIP software, is the sourceforge continuation of a project at Fourmilab (speak-freely.org) which is developpement of code released on UseNet during 1991.
    PGPfone - was released in 1995.
    Microsoft's own NetMeeting was a late comer, being only available with Windows 95 OSR 2 (circa 1997).
    Roger Wilco - not the Space Quest caracter, but a VoIP software specialized for in-game chatting, was released in 1999.

    The H.323 specifications which are used by almost half of workd's VoIP implementation were released in 1996.
    The SIP specification - almost the other half of the VoIP world - was first described in RFC 2543 in 1999.

    One may refere to the wikipedia article about Secure VoIP for other exemple of historical clients (like Nautilius which got TCP/IP support somewhere between 1995 and 1997).

    The only excuse for Intel filing the patent, is that this platform is just a "plain telephone service in a computer over the 'net' ", whereas all those predecessors are either more feature full (SpeakFreely, PGPfone and Nautilius are complete phone + encryption service, and Nautilius is designed to work over a pure direct MODEM-to-MODEM connection (no Internet) ) of supersets (H.323 and SIP and all software designed to use them provides much more service : sound, but also video, fax, text messaging, data, call redirection, etc. to be used in VoIP but also multi-point video conferencing, multimedia diffusion (IPtv a like), etc.) or for specialised uses (Roger Wilco with both its "mostly for in-game" chat and it's push-to-talk features, is more a digital walkie-talkie than a digital phone. But such argument won't stand a chance in court.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Tons of prior art by lscoughlin · · Score: 1

      Dialpad.com ( which is now a yahoo company ) was registered on Tue, Feb 16, 1999 -- and i'm pretty sure I remember using it back then for well, pretty much everything that's described in the patent. I'm also fairly certain that the tech wasn't particularly new.

      --
      Old truckers never die, they just get a new peterbilt
  77. very early prototype in 1982-83 by Anonymous Coward · · Score: 1, Interesting

    Yes, early 1980'2. I worked for Mitel and prototyped the GUI on a Radio Shack color computer which I had to post a bond to get into/out of Canada. We controlled a modified digital phone via a DOS-based application and could dial by name, display caller, etc. on a DOS application. This should count for some prior art -- quite a bit ahead of this patent....

  78. Re:Typical MS patent, 'cept it's Intel... by Creepy · · Score: 1

    The geoport express modem was a first generation soft-modem - it wasn't really meant to be an internet phone (as per the patent - it mentions something about phone layout), so the patent may be valid in that respect. Many manufacturers made soft modems, though they're rare today.

  79. Could this be Dialogic after being bought by Intel by linuxtelephony · · Score: 2, Informative

    Dialgoic, before being purchased by Intel, used to have a program of trying to acquire or patent computer telephony applications in such a way that no one could put a crimp on Computer Telephony based patents in general. [I believe this started after someone patented something involving computer telephone and went after Dialogic's customers who were creating and providing computer telephony solutions. In order to protect their market, Dialogic became involved. If anyone can confirm or deny this history, I'd appreciate getting an authoritative answer one way or the other.] I wonder if this patent is the natural extension of that program, but under Intel's ownership of Dialogic. Is Intel trying to use this pastent against someone yet? If this is from the Dialogic program under Intel's ownership, it might be defensive.

    The nice thing is that there were computer telephony applications that provided these types of interfaces and services connecting a computer with the telco switches to deliver services a lot earlier than 1999 (or even 1998).

    I haven't read things in detail, but it seems the magic words so far were "digital signals," "telephone interface," the computer serving as the telephone handset, and something about connecting with a switch for these services. If that's really what the claims lay out, then I point you to Visual Voice - a VB toolkit for writing computer telephony applications on windows 3.1 with visual basic 3 and 4. If memory serves, that would be around 1995, before Windows 95 was released. I believe you could use Dialogic T1 cards (satisfying the digital signal claim) and I think there was a sample app that had a telephone interface. What I don't remember is if you could use the microphone and sound card to provide the other end of an interactive phone call; I know you could use them for playback and recording of audio files through the phone, but I don't remember if it supported them live/interactively.

    If not, I am pretty sure there were other tools/options in the 16-bit windows environment that did this. Some modems used the sound card to provide telephone/speakerphone use. That was single line and analog, but the extension to a digital signal is fairly obvious; I wonder if ISDN modems offered this feature - that would be digital.

    And then there's Quicknet - a company I worked for from 1997 to 2000, their Phone Jack hardware and MicroTelco services were created well before this patent (1999 for sure, 1998 also pretty sure) and would seem to provide the same services.

    All-in-all, while it's definitely a lot harder to prove obviousness, if there isn't direct prior art to negate this patent, I think there are enough pieces of the patent in prior implementations of phone services that this patent might be invalidated as being obvious. Of course, that assumes the person making such a ruling actually applies the "obviousness" based on people in the field, and not people in general.

    --
    . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
  80. Re:Typical MS patent, 'cept it's Intel... by CastrTroy · · Score: 1

    I think patents were a good idea, when people were less technologically advanced, and couldn't figure out how things worked by studying them, so they had to get the inventors to divulge their secrets. Now, analytical methods have grown to a point that even if you don't know how something is build, you can figure it out. Pepsi could make a drink that tastes exactly like Coke, but nobody want's a Coke copycat, they want the real thing, and Pepsi drinkers like Pepsi, not Coke.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  81. Perfect example of what is wrong by insomniac8400 · · Score: 1

    Patents need to be for a way of doing something, not an abstract desription that bars anyone from figuring out news ways to get your "idea" done. There are probably millions of different ways to implement something that would fall under this description. Each way requiring it's own research and development and real innovation. I just wish I could go back and write on a piece of paper, "a way to make a solid state device to emit blue light" and send it into the us patent office. Then I could own all the work that other companies spent making blue diodes, or even prevented them from wanting to develop it because I already owned it. Then we would have no ps3.

  82. Right about the claims, wrong about the merit by Zigurd · · Score: 2, Informative

    You are right that it is the claims that matter. In the case, the claims appear to cover a case where the softphone sends key presses and hook-state to a PBX. It seems like a pretty narrow claim since SIP softphones and IP PBXs don't do that. It would be a rather oddball system that was implemented in a way that infringed.

    That said, the oddball nature of the claims is also pretty retro. PBX phones worked this way when 8 bit CPUs were hot stuff, and you wanted to minimize what was going on in the phone. It is difficult to believe there is no prior art for something this old-school.

    So what is going on here? I bet most of the original claims were rejected, leaving the description badly out of sync with the claims.

    Contrast this with another patent filed in 2000 and issued in 2006 (one that I am very familiar with):
    http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PT O1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fs rchnum.htm&r=1&f=G&l=50&s1=7012997.PN.&OS=PN/70129 97&RS=PN/7012997

    In this patent, all the claims went through, so the claims match up much better with the description.

  83. Prior Digital Phone by Stalus · · Score: 1

    IBM shipped phone functionality with the Aptiva's back in the '96 time frame - using the mwave. You could set it up as a phone mail system and stuff too. I don't think the remote use stuff was there though.

  84. Prior art by Anonymous Coward · · Score: 0

    This patent should probably be thrown out right away since there is a large amount of prior art avaiable. In the 80's and early 90's on win 3.11 and 95 you could purchase a fax modem card. With it you often got a program which replicated (on screen) a phone fax or copier etc. You even used your mouse to work it. So as far as something new goes this is not at all new or unique or even an invention.

  85. Re:Typical MS patent, 'cept it's Intel... by TheVelvetFlamebait · · Score: 2, Insightful
    Patents are about suppressing creative thought because some fool got to an office first.
    Wait! Could it be to help encourage invention? To give the inventor a very temporary monopoly to the inventor on the concept in question?

    Nah, that can't be right. I'm sure society has patents simply to suppress creative thought.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  86. ICQ with Voip ? by Shack24 · · Score: 1

    Didn't ICQ have VOIP abilities back in 98-99 ??

  87. Re:Typical MS patent, 'cept it's Intel... by FauxReal · · Score: 1

    I was doing this with an IBM PS/1 in 1992 and strangely enough, the sound quality was good. Though normally I'd be using a real telephone since there were more of them around the house.

  88. Yes, but is it novel and non-obvious? by mr_e_cat · · Score: 1

    Same-old garbage garbage garbage.

  89. Re:Typical MS patent, 'cept it's Intel... by Decker-Mage · · Score: 1

    I didn't even have to think about this one. I used Net2Phone back in 1997-2000, one of their first sign-ups AAMOF, and what they provided back then seems to match the claims of this patent. I hope the EFF is paying attention to this discussion.

    --
    "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
  90. AT&T had one in the '80s by darkonc · · Score: 1
    AT&T had a computerized phone back in the mid '80s. The computer did all functions and connected to the phone system (usually T1). You did, however, have a normal handset for most users -- although I'm sure that you could use alternat user interfaces (e.g. a headset) for sound I/O.

    As I remember it, the AT&T system did all sorts of neat things like allowing you to transfer to someone by name -- and then you could let the system know where you were, and calls transferred to you would follow you to wherever you were registered at the moment.

    This would work kinda nice with RFID locators... Star-Trek like capability to simply call 'The Captain' and only the phones nearest The Captain would be (automagically) activated.

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  91. Re:Typical MS patent, 'cept it's Intel... by fyngyrz · · Score: 2, Insightful

    Wait! Could it be to help encourage invention? To give the inventor a very temporary monopoly to the inventor on the concept in question?

    No, a mechanism already exists for that purpose; it is called "trade secret." The way it works, see, is that if your idea is complex enough to be non-trivial in terms of the resources required to instantiate it, then you just don't tell anyone how you did something, you simply develop it, and market it. If it is useful, you'll have a market window, and this gives you that "very temporary monopoly" you need to make a reasonable amount of income from your idea. What is great about it is that it doesn't involve lawyers, it doesn't involve the government, and it doesn't involve repressing everyone else's creativity. It also has built-in safeguards against simplistic ideas being given the status of unbreakable dams against progress.

    Nah, that can't be right. I'm sure society has patents simply to suppress creative thought.

    You really don't understand how things work. It's not "society" operating here; it is corporations and the rich. And what they want to supress is your ability to do anything at all without paying them, either for a product, or for the use of an idea they've latched onto.

    The fact that this suppresses creative thought is a side-effect, one that (a) only injures the general public and so (b) is not of concern to either the government, the corporations or the rich. What they're trying to do (and suceeding very well at) is suppress competition. What you think is of no concern to them. The system is designed to ignore what you think. That's why legislators make law, and you don't get to. It's trivially easy to bribe the very few legislators (think PACs, trips, speaking engagements, employment after politics, re-election support) but it is not easy to bribe the hundreds of millions of citizens at large. Not only do you have no input into the process, you're pretty well stuck in the loop of supporting the system from without by paying for these patents and for the bribes and for the legislators. All those costs are built into everything you buy that has one or more patents, with the single exception of the costs that are built into your taxes.

    The system is locked-down. You can get a decent patent (meaning, one you have a slight chance of being able to defend in court) for about ten grand. But even if you can meet that financial standard (and of course, the vast majority of people cannot, nor is there any correlation between those who are creative and those who have such funding available), you have another, much higher hurdle to jump: You have to be able to pay for the defense of that patent in court. You on one side, with your house mortgaged (agin, if you have such a resource) and on the other, for instance, IBM, with (compared to you) absolutely unlimited resources.

    But hey, don't worry about it. After all — it's not going to change.

    --
    I've fallen off your lawn, and I can't get up.
  92. Why I hate patents redux by macraig · · Score: 1

    This was unique and innovative in 2000? Yeah, right... I was using "digital" computer telephony - using my PC to make and receive calls and act as my answering machine (which it still does) - years before that! And I was hardly alone.

    How could the PTO researchers have possibly not known about this history and just how unoriginal it was, and what a landslide of prior art which existed? How long have FAX capabilities existed in Windows and computing in general, anyone? Yeah, a LONG time, and the same goes for other telephony functions. I'm quite sure that Talkworks, for one, existed as a commercial product before 2000.

    This is such a transparent failure it might just finally be the straw that breaks the PTO's back and brings the reform issue to the 11 O'Clock News.

  93. Re:Typical MS patent, 'cept it's Intel... by mikeydb · · Score: 1

    Surely the interface between IP and whatever system your local telephone operator is using is down to the geographic location of the device linking the IP call to the land line telephone call, and the interface would have to work with whichever system is in use there, not necessarily POTS, could be PSTN, just because the AUDIO channels are on the internet does not make the idea of linking a source of AUDIO to and from a telephone line a new idea, it could been a duplex ship to shore radio channel for example..

  94. Re:Typical MS patent, 'cept it's Intel... by TheVelvetFlamebait · · Score: 1
    I hope you realise that your entire post is one big cliché. I personally don't hold much stock in this "corporations and rich folks trying to keep us down" crap. What are the rich supposed to do? Stop inventing and taking advantage of the law? The only reason why it looks like a rich vs poor matter is that mainly the rich can afford to invent. That's a great way of encouraging invention: to discourage the rich to invent, and to rely on the average person, with a full-time job, generally without qualification, to invent and to innovate in the absence of the rich.

    The fact that this suppresses creative thought is a side-effect
    The fact that it suppresses creative thought* is balanced by the fact that it's the one thing that is keeping the business of invention and innovation alive. Would you prefer it dead, or sick?

    it is called "trade secret."
    What kind of protection is that? It's not legally enforced, meaning that society has no problem with people completely nullifying the value of the inventor's initial investment. It's not secure, since it's simply security through obscurity. It would be like, for example, if MS were to say that Windows is more secure than Linux due to the fact that hackers can see Linux's code. Surely, as a /.er, you can see the sense in that.

    [patents] (a) only injures the general public and so (b) is not of concern to either the government, the corporations or the rich.
    Rubbish. They only injure the general public if you completely ignore what they have done for society. They have done some pretty terrible things too, but I, for one, don't think that they should be judged by their shortfalls. Sort of like how the car is ruining the global climate, dimming the globe, sucking up our oil reserves, and costing many people their lives, but they have done something wonderful for our culture. That's how we appreciate cars.

    The problems inherent in patents are a concern to the government. It affects their electorate and themselves on a personal level. I vaguely recall some /. stories about the government having some troubles with some patented technology that they wanted to use. I don't see how it doesn't apply to them.

    * I'm not sure that the term "creative thought" is fair. Patents do have an effect on the "creative thought" process, but it isn't one of stifling, but one of inspiration. There's nothing illegal about mentally developing on an idea that someone patented.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  95. Skype & Intel CPUs by Anonymous Coward · · Score: 0

    Could this be the reason Skype made a deal with Intel to only let Skype work to its full potential on Intel CPUs?

  96. Re:Typical MS patent, 'cept it's Intel... by fyngyrz · · Score: 1
    What are the rich supposed to do? Stop inventing and taking advantage of the law?

    The system is designed for them, as I said, and they will continue to use it. I also said it wasn't going to change; I said the system benefits them; I said they had no concern for any of the rank and file; how much plainer can I be?

    If anything is ever done, it will have to be done at the level of legislation. But again, I don't expect that to happen, because as I already explained, there is no way provided for the rank and file to change the system.

    The only reason why it looks like a rich vs poor matter is that mainly the rich can afford to invent.

    That is tripe and nonsense. Inventing is a nearly cost-free process. I've been doing it all my professional life, and I started with zero dollars. I'm the poster child for inventing things on napkins and in simulation. It doesn't take money; it takes an innovative outlook and a reasonable fund of knowledge. Both are available for free, the more so today for that matter.

    The reason it "looks" like a rich vs. poor matter is because the patent system is tuned for high dollar players, just as I said. You know, it doesn't have to be so: just the fact that it is should tell you a lot.

    What kind of protection is [trade secret]? It's not legally enforced, meaning that society has no problem with people completely nullifying the value of the inventor's initial investment. It's not secure, since it's simply security through obscurity.

    It is temporary, which is enough. I made my fortune with it; I can assure you it is adequate to the task. My point is that patents are too much protection; in fact, they go well beyond protection and constitute assault on people who legitimately invent something on their own. Trade secret does not protect the obvious. Yet if you look, you'll see that even the patent system wasn't supposed to do that. It has been perverted to do so, one of its many problems.

    They only injure the general public if you completely ignore what they have done for society.

    You're assuming that only patents can do this. But that is false. I've been inventing all my professional life and never used them. I've put out many innovative products, and I have benefited from this a great deal. Patents injure the public because they are a repressive means of handling invention. They work by suppression of the many and encouragement of only one person, the first inventor to get a claim to the patent office. Trade secret encourages everyone, all the time. It is not only better for society as a means to provide faster and more numerous innovations, it is ethically more sound at every level.

    There's nothing illegal about mentally developing on an idea that someone patented.

    There's nothing illegal about wishing you were free when you're actually a slave, either.

    --
    I've fallen off your lawn, and I can't get up.
  97. Objective patent test by CustomDesigned · · Score: 1

    Patents were originally created to promote creative thought. There is a very simple test of whether patents are promoting or hindering creative thought in a given field of engineering. Do engineers in the field routinely do a patent search to avoid reinventing the wheel? Or, instead, do they as a matter of policy avoid ever looking at any patents in the field to avoid paying triple damages to patent trolls? In many fields, patents are still beneficial. In software, however, they are a total bust. Very, very, few software patents actually disclose anything useful. They are used solely as offensive or defensive weapons - never as an actual source of technical knowlege.

  98. Re:Typical MS patent, 'cept it's Intel... by TheVelvetFlamebait · · Score: 1
    I have no doubt that trade secrets have served you well. However, I don't think that it will suit every invention, for everyone. Some inventions can take years, and the inventor certainly doesn't want someone to reverse engineer it as soon as it's sold. If it is, there is no legal backlash. Society has no problem with leeching ideas of other people. I believe that society needs to pay at least lip service to intellectual property, to show that they endorse it. Otherwise, creating anything major could become almost valueless.

    Take, for example, the Nintendo DS. It has protection built in to prevent unlicensed code from being run on its hardware. However, soon after it's release, devices that allow people to bypass this protection and run unsigned code appeared on the market. Nintendo spent a lot of time developing the DS, and the main revenue stream is through licences. I know it would be a blatant lie to tell you that it destroyed them, but it did damage them. Fat lot of good the trade secret did there.

    Inventing is a nearly cost-free process.
    What about things that take time? To use the old saying, time is money. And if inventing is cost-free, it at least takes time. Why should we rest our society's innovations on people's spare time? Companies aren't going to touch them; it isn't nearly worth their time. Besides, there would be a lot of redundant time spent on inventions that exist or are about to exist. That's one thing that patents can also help.

    My point is that patents are too much protection...It has been perverted to do so, one of its many problems
    I agree with you there. What we need is real prior art protection. Protection that allows people to overturn patent infringement lawsuits with evidence of prior art, even if the patent has already been granted. We also need to do away with submarine patents, patents without a working prototype, restrict patent infringement cases to commercial uses only, and make exceptions for the government.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  99. Re:Typical MS patent, 'cept it's Intel... by fyngyrz · · Score: 1

    Some inventions can take years, and the inventor certainly doesn't want someone to reverse engineer it as soon as it's sold.

    My opinion is that if it takes Joe three years to invent product X, but it takes Leroy 1 week to reverse-engineer product X, then Joe has been out-competed by the simple fact that his time is worth a lot less by direct market value, since Leroy's time can produce the same product in 1 week. Joe, therefore, is not entitled to out-compete Leroy in the marketplace, unless he can do it with downstream mechanisms (customer service, add ons, games, etc.) Even though Joe invested three years.

    In other words, what you have here is something that was obvious to Leroy; and the obvious doesn't deserve protection. Of any kind. At some level, there will always be someone who can think of an idea, but will find it very difficult to actualize. These people are not well served by trying to be inventors. Invention requires the ability to conceptualize, actualize and then either sell (the idea) or market (the product.) That would be Joe. Leroy, on the other hand, is well suited, because he can do in a week what Joe can do in three years.

    The example assumes that Joe's invention is in fact properly protected in terms of trade secret; there are no numbers on the IC's, the code has been freed of debugging information, the inside of the device is filled with epoxy — whatever it takes. Trade secret does, of course, require that you not share design information. Again, anything so simple that its design is obvious, is, well, obvious. :)

    Nintendo DS...

    Nintendo was affected only in the sense that the window of opportunity they tried to create was closed. I don't have a problem with this. Nintendo has many other opportunities to work the marketplace, such as producing games, adding goodies to the hardware, perhaps even stopping the practice of trying to make the games pay for the console, which is dubious at best anyway. I look at Nintendo and I see a company that has turned many millions of dollars using the system as it is. Lots of high-paid people, lots of satisfied customers. If things went a little different than they had planned, as Japanese, I expect them to understand, because as they say, "business is war." Remember: Trade secret won't serve to protect the obvious, nor can it be counted upon to let an attempt at obfuscation (like Nintendo's) function over something with little complexity or originality. Trade secret is at its best when the idea is not obvious, the implementation is non trivial, and the product is not exposed at the design level. In other words, trade secret serves those who invent things of significance in terms of resources, operation, effects, and follow-on issues. Finally, great success will breed imitation. No way around it. You have to plan for it; imagine your competitor's surprise (and displeasure) when they find that their customers are turning to you for service, add ons, and so forth.

    What about things that take time? To use the old saying, time is money.

    If it legitimately takes time, that is, it would take me just as long, or longer, than it takes you, then the time it took you to create it is the window you will have to market it before the first competitor -- me -- reaches your market. In that time, you can establish cost efficiencies, customer service mechanisms, add-ons, and so forth that add value to your product in such a way that the newcomer has yet more work to do to catch up. Additionally, you have had the opportunity to take the cream off the market. You had the opportunity to say "We've invented the Widget-O-Tron!"... which is a great marketing tool. At this time, you are now in the position of someone who is selling something that is no longer unique; this is not an untenable position, millions of manufacturers and retailers occupy this niche each and every day and do

    --
    I've fallen off your lawn, and I can't get up.
  100. Re:Typical MS patent, 'cept it's Intel... by TheVelvetFlamebait · · Score: 1
    My opinion is that if it takes Joe three years to invent product X, but it takes Leroy 1 week to reverse-engineer product X, then Joe has been out-competed by the simple fact that his time is worth a lot less by direct market value, since Leroy's time can produce the same product in 1 week. Joe, therefore, is not entitled to out-compete Leroy in the marketplace, unless he can do it with downstream mechanisms (customer service, add ons, games, etc.) Even though Joe invested three years.
    Interesting. I'm interpreting that as "trivial intellectual property doesn't need to be protected", and trivial is defined by the amount of time it takes to reverse engineer. Since when has intellectual property been measured by the amount of time taken to reproduce? Since when has any legal issue been based on such an arbitrary value, like the time it takes some random guy to reproduce an invention?

    Taking your example of Joe and Leroy, how would that apply to music and the copyright system? If Leroy takes weeks/months/years to produce an album, and Joe could make a one-to-one copy instantly, does that morally justify Leroy's loss of the competitive edge? In fact, it's more than just competitive edge. With the Internet, pretty much all its value is lost, due to the unlimited supply of copies. Any value of initial investments are instantly gone with the abundance of free supply. Do you really think that any creative/design industries would survive?

    I'm guessing you are opposed to legal intellectual property, especially with the emphasis on the free market principles, and the aversion to lawyers. If I'm guessing, assuming, and interpreting correctly, let me just say that I disagree. Intellectual property needs to be protected. It can be so easily reproduced, and it has extremely fragile, but still very valid value. People are willing to pay for it, people spend their time and their money on it. If you do not protect it legally, the value will all but disappear, and you will discourage invention, stagnate technology, and severely disadvantage society. To stop intellectual property laws because it benefits the rich at the expense of the poor is to cut off your nose despite your face.

    Nintendo was affected only in the sense that the window of opportunity they tried to create was closed. I don't have a problem with this.
    The example wasn't about the purpose of the technology, it was about how the technology can fail dismally if it simply stays as a trade secret. Regardless of what Nintendo intended, they developed a technology that proved useless very soon after release. If it weren't for the DMCA (or whatever covers hardware DRM), they would stand to lose significant profits. It probably took a long time to develop, and probably took very little time to undo. Does this make it trivial?

    I guess what bugs me most about your system is how easy it could be to become obsolete in the market you created. There seems to be no recognition for those who worked hard to come up with an original thought, but lost the baton to someone who is even more rich and who is pouring resources into outclassing the inventor. In that respect, your system is more geared to the rich. For that reason, I can't see people and companies alike participating.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  101. Re:Typical MS patent, 'cept it's Intel... by fyngyrz · · Score: 1

    I'm interpreting that as "trivial intellectual property doesn't need to be protected", and trivial is defined by the amount of time it takes to reverse engineer.

    That's pretty much how I look at it, yes. But you have to keep in mind that if I am producing the "thing" at pretty near cost, and you also have to reverse it, come into a market I've already staked out a claim in, supersede my marketing and customer service and solution-fitting... just reversing it isn't going to buy you much. Reversing only works if a product is put into a market with a huge margin and the cream is being skimmed. Then there is room for competition. If I take a market properly, I won't leave much room for you, yet my idea is still there if you can figure out another way to use it that doesn't put you into competition. Today's model is that Joe invents X, charges WAY more than it is worth until Joe's patent runs out, then retires the idea. My model is that Joe invents X, puts it into the market in such a way as to actually be competitive from day one, and this reduces competition by making it actually difficult to compete based on service, quality, and so forth. If the idea is non-trivial, new, and executed well, it should do fine.

    Since when has intellectual property been measured by the amount of time taken to reproduce? Since when has any legal issue been based on such an arbitrary value, like the time it takes some random guy to reproduce an invention?

    Wrong questions. I'm not saying this is how it is; I'm saying, this is a much more reasonable way for it to actually be. Also, this is how I'd like it to be. Also, this is a way I've managed to do well, myself, and that's at least one pilot case. No more than that.

    Taking your example of Joe and Leroy, how would that apply to music and the copyright system?

    It doesn't, really. Copyrights and patents are different beasts. The copyright system has its own problems, and for the most part, they aren't really all that similar. But in broad strokes, recompense for writing a story or a song is reasonable. Bards were always paid with something, even if it was just a bed for the night. Earning millions, or tens of millions, for a story or a song? Is that equitable? I'm not sure it is. If it really takes you years to come up with a song (so that years of income need to account for your work) perhaps you really aren't cut out to be a musician. And mind you, I'm a musician and I own a literary agency, so I'm pretty sensitive to copyrights and what they can earn.

    Society has jammed itself into a corner where a very few artists receive wildly large incomes for insane (by my view) terms, and most of the rest simply starve, even though many of them are really very, very good. I don't think that's particularly healthy for our society, and I do think that the main pressure that has caused this is long copyright terms and disproportionate rewards for creative works that really aren't that different from one another. But as I say, I don't really see this as the same set of issues — the ability to reproduce information (music, stories, videos) for essentially zero is going to require a whole different set of solutions than those problems that encompass physical objects.

    I like questions like this: Are we going to let the cost of a Hollywood blockbuster (say, the star wars series) and our interest in such blockbusters choke the entire rest of the creative industry with DRM and so forth? I see that as a very bad road to go down; I'd rather lose the big productions and see less recompense in general, with a better chance for more artists to be exposed. I also think that as (ok, if) the balance swings more towards people who are doing art for art's sake instead of for that one chance at the brass ring, we're more likely to see exceptional works (which I would not, for instance, include star wars in...)

    Joe an

    --
    I've fallen off your lawn, and I can't get up.
  102. Re:Typical MS patent, 'cept it's Intel... by TheVelvetFlamebait · · Score: 1
    Firstly let me say that, between inventing, making music, and knowing the millionaire who invented the weave in ace bandages, you are completely out of my league :)

    Secondly, I'm not a fan of the free market. It's certainly not a one size fits all ideology. Even when it fits, it has nasty side-effects. Sure we get cheap food and cheap clothes, but we also have sweat shops and less small business (both bad from my viewpoint). You also get anticompetitive behaviour, price fixing, etc which the system naturally rewards. You assume that everyone wants to play the free market game, but investors in inventions can easily get cold feet when they have no guarantee. No guarantee that they won't either drop out of the market, or be forced to rock bottom profit margins, where the elevated cost of initially producing the prototype will be slow to recoup. Or, possibly, we would see the supermarket effect, where the little guy who invents it gets out-priced by the big guy who had the resources to quickly reverse engineer it, and sell it at impossible profit margins. Tell me that that system doesn't reward the rich.

    That's the assertion (assumption) that underlies the present system. Except in a few very large effort venues, I don't think you can show that it actually holds water.
    Not me personally, but people would miss it if it went for the reasons above. I can also tell you that you can't disprove it either, even by asserting several high-profile examples. Just about anything has its flaws, but it doesn't mean that it's time to scrap the entire concept and move on. It simply needs a tune up. In the grandparent post, I mentioned what I don't like about the current system, and how it could be changed. How many of those debacles would have happened with my suggestions?

    I would like to see everyone free to invent. I would like to see invention not the fulcrum that underlies profit; I would like to see people do things because it is the right thing to do. I would like to see them compete in the marketplace instead of the courtroom.
    You would like a lot of things. No doubt they're admirable, but too idealistic and at times, impractical. Much like the whole free market principle. In practise, we need the law on our side in order to invest in anything major. Would you buy a car if it were legal for someone to hotwire and drive away in it? Would you just say "Damn, that's the third time this week. I guess I'm not worthy of owning a car"? Or would you feel some entitlement to it? Similarly with intellectual property, no-one but the hardened idealist would invest in it. Only the guy who thinks "Well, if I hide my car in the back alleys, lock it up really tight, install an immobiliser, then I suppose I would be OK" would go for it.

    the idea was socially retarded, and society fixed it
    For god sake. How many times do I have to tell you that the application is not important, the fact that it's protected by being a trade secret is important.

    cut off your nose despite your face.
    FYI: "cut off your nose to spite your face." :)
    I knew that :)
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  103. Re:Typical MS patent, 'cept it's Intel... by fyngyrz · · Score: 1
    ...knowing the millionaire who invented the weave in ace bandages...

    I have a funny story about that guy.

    I was working for a company that was doing measured pouring from an intelligent (relatively speaking) bottle cap for use in a bar. In case you don't know, the bar industry considers "over-pouring" to be a huge source of monetary losses. I did the electronics for the cap and the remote RF sensing stuff. Fun. Anyway, the ace bandage guy (Lenny) was one of the investors in the company. Another guy, a mechanical engineer named Joe, had this idea for a perpetual motion / energy creation machine. Joe physically designed the cap, its gears and valves, etc.; he sat next to me.

    In short, his idea went like this: You have a tank of water. At the bottom, you feed in a series of little bubbles of air. Atmospheric pressure on the top of the tank would subsequently force the bubble to rise; the bubble was caught in what amounted to an upside-down cup, and this was attached to levers and gears which turned things and which you could tap for energy. He (Joe) thought that the energy in the system was coming from the broad surface of the water, and that squeezing the air into the bottom of the vessel would cost less energy than the rising force would generate because... well, it's not entirely clear to me why, as that was the crux of our arguments.

    So, I argued my face off both to Joe and to Lenny that this would not work. I really did. I did the math. I showed them the math. All to no avail. They spent hundreds of thousands of dollars building a BIG prototype. And of course, it didn't work. At all. Neither one of them thanked me for trying to warn them of this outcome. Ungrateful wretches. :)

    Just goes to show you that even if your imagination can come up with something really cool like the ace weave, it doesn't mean you're competent to do anything else...

    So, for you and me, it is time to put the argument to bed. I will continue along my chosen path, although unlike Lenny, I'm doing well with my choices -- my net worth increases consistently. :) You can continue to champion the patent system, and encourage those changes to come about. My feeling is that no changes will occur, because the system is controlled right now by the people it is designed to benefit the most. Unless you can wrest control from them, you won't be able to implement any changes at all -- not yours, and not mine.

    Again, I enjoyed the conversation and appreciate your time and commentary.

    --
    I've fallen off your lawn, and I can't get up.
  104. Re:Typical MS patent, 'cept it's Intel... by TheVelvetFlamebait · · Score: 1
    Again, I enjoyed the conversation and appreciate your time and commentary.
    Entirely my pleasure :)
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.