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Microsoft Patents the Mother of All Adware

An anonymous reader writes "Ars Technica has an article on the mother of all adware patents filed by Microsoft: 'It's such a tremendously bad idea that it's almost bound to succeed. Microsoft has filed another patent, this one for an "advertising framework" that uses "context data" from your hard drive to show you advertisements and "apportion and credit advertising revenue" to ad suppliers in real time.' Ars discusses this disturbing concept, which was originally unearthed by Information Week and we first discussed last week."

31 of 378 comments (clear)

  1. indeed by PunkOfLinux · · Score: 4, Insightful

    this is a horrible idea. Using the client's whole computer, hard drive contents included, to sell ads is just wrong.

    1. Re:indeed by morgan_greywolf · · Score: 2, Insightful

      Oh, and screwing Google over probably (via Google Desktop Search, which would violate the patent), probably doesn't seem so bad to Microsoft, either.

    2. Re:indeed by Lord+Apathy · · Score: 2, Insightful

      Windows for absolutely anyting into a such an ad-infested crap-fest that even their most ardent supporters would abandon them

      I wouldn't go that far. I'm willing to bet people are so stupid they would use it even if they had to pay for it. Just because it has mickysoft written on it.

      I'll even give you another example of ad-infested crap-fest that people will pay for, TV.

      --

      Supporting World Peace Through Nuclear Pacification

    3. Re:indeed by MightyMartian · · Score: 3, Insightful

      If the technology is already around and being used, then it can't be patented by Microsoft.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  2. If We're Going To Patent Software... by thomas.galvin · · Score: 5, Insightful

    This is one of the rare times that I approve of a software patent, for two reasons:

    1. This patent will prevent other people from doing the same thing, and
    2. If MS actually does this, more people will leave Windows behind.

  3. Prior Art by goombah99 · · Score: 4, Insightful

    Isn't this exactly what Google Desktop and Google Mail and Google Cookies do?

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Prior Art by KoldKompress · · Score: 2, Insightful

      Apart from Google can't make it an integral part of your Operating system.

    2. Re:Prior Art by Constantine+XVI · · Score: 4, Insightful

      AFAIK, Google Desktop data stays on your machine unless you have Search Across Computers on, and GDS doesn't serve up ads to you.

      --
      "I think an etch-a-sketch with an ethernet port would beat IE7 in web standards compliance."
    3. Re:Prior Art by Anarke_Incarnate · · Score: 3, Insightful
      Get over the stupidity that Novell somehow is in bed with MS. They made an agreement to indemnify their users. They are not shills for MS and told MS and Linux users explicitly that MS is full of crap (OK, figuratively) and that Linux is not infringing on any MS patents.


      If you want to be a troll, be a smarter one. Otherwise, stop using Gnome, KDE, SAMBA, the kernel and a shitload of other products that Novell contributes PILES of money and development to or be considered a hypocrite.


      Novell does support the F/OSS community. They fought SCO and were doing what they thought was a good idea for their user base. I frankly don't think they deserve the backlash they are getting. Get over it.

    4. Re:Prior Art by MontyApollo · · Score: 5, Insightful

      This patent would block Google Desktop from serving up ads. I think that might be the point.

    5. Re:Prior Art by Anonymous Coward · · Score: 1, Insightful

      So, being upset with a company for doing something I *despise*, even though they do a lot of other good stuff I really like is being a hypocrite? Just because I like a lot of their other work doesn't mean that I can't be upset with them for another thing?

      Hey Microsoft, I really like one or two of your games, but I detest your anticompetitive business practices and your monopolization of market economies and backroom deals to strangle out the rest of the market. But apparently I can't be upset with you without being a hypocrite.

      Bring on the hypocracy.

    6. Re:Prior Art by KoldKompress · · Score: 2, Insightful

      Yes, but you've willingly used G-mail, knowing full well that they search it to provide contextual ads. What I'm trying to get at, is that Google can't update your PC via Windows Update/Synaptic Update Manager etc. to include adware. Microsoft can do it, via Windows Update.

      We know they use the Windows Update for less-than-necessary programs, such as the WGA.

    7. Re:Prior Art by node+3 · · Score: 4, Insightful
      Novell really f'ed up by making that deal with MS, and they deserve to be criticized for it.

      Otherwise, stop using Gnome, KDE, SAMBA, the kernel and a shitload of other products that Novell contributes PILES of money and development to or be considered a hypocrite. That doesn't make any sense for three completely different reasons.

      1. Hypocrisy isn't defined as using something you criticize. Or do you only use, consume, purchase, support, etc, things which you have absolutely *no* criticisms or reservations about?
      2. Even if one were to decide to boycott Novell over this, why must that extend to open source projects that are freely obtained from parties who have no affiliation with Novell whatsoever?
      3. goombah88 heavily implied he doesn't use Linux. So even if what you claim as hypocrisy *is* hypocrisy (it isn't), he wouldn't be guilty of it anyway!

      I applaud Ubuntu (Canonical), RedHat, and all the others who had the integrity and good sense to decline MS's offer. I similarly am highly disappointed that Novell did not do the same. But I don't hold that mark against them as sufficient cause to refuse to do business with them, let alone the even more ludicrous response of boycotting everything, even open source projects, which Novell has contributed to in any way.

      Maybe you should take your own advice:

      If you want to be a troll, be a smarter one.
    8. Re:Prior Art by sumdumass · · Score: 2, Insightful

      You just raised an interesting point about this. How will it comply with HIPPA rules and regulations. How about Finacial privacy laws? where will the disclosure be at and most importantly, Will you be in violation of any of those regulations if you use an MS os that has this in it?

      I'm also wondering how long before this implementation would get hacked and people will be able to pull personal information from a computer without installing a worm or a Trojan or some piece of malware first. I wonder who would be liable in a situation like that. If MS's secure operating system was able to be hacked because they are attempting to use their monopoly status in order to gain entry and market share in an industry they weren't part of (spyware) and your credit card was used without your permision, would it be you stuck with the bill? Would it be the credit card companies? Would it be whoever the purchase was made through? Or could it eventually come back to Microsoft?

  4. no way by hardtofindanick · · Score: 2, Insightful

    Clearly MS won't follow this since it does not fit their business model. Like most of their patents they are patenting this so others wont be able to do it easily.

    1. Re:no way by Prof.Phreak · · Score: 2, Insightful

      Like most of their patents they are patenting this so others wont be able to do it easily.

      Indeed. Google desktop is just one step away from stepping into this patent.

      --

      "If anything can go wrong, it will." - Murphy

  5. Hmm... by MeanderingMind · · Score: 2, Insightful

    Another reason to avoid upgrading to Windows Vista I guess.

    Seriously, I understand that there's a certain amount of information that needs to be passed to Microsoft from Windows in order to fascilitate auto-updates, and maintain their (somewhat silly) protection against the "ship of Thesius" computer upgrade. That's all well and good, and understandably within the jurisdiction of the OS.

    Scanning my harddrive for its contents in order to advertise to me is NOT something that is within the bounds of an OS's MO. This is an invasion of privacy.

    --
    Thunderclone: ONE MAN ENTERS! TWO MEN LEAVE! ONE MAN ENTERS! TWO MEN LEAVE!
  6. ..if it's done right... by KeyThing · · Score: 2, Insightful

    Wouldn't it somewhat prevent other people from creating the same sort of Adware? If it gets approved, would MS send a floor of lawyers over to some Adware company and demand payments for infrigement? Would lawsuits or potential lawsuits scare enough of these scumbags (not the MS Scumbags) away from the business?

    This shall be an interesting one to follow.

    --
    --- http://www.keything.com
  7. If MS wants to shoot themselves in the foot by grasshoppa · · Score: 3, Insightful

    ...I say let them. There is no way my organization would ever stand for this sort of data mining; They'll leave windows far far behind before this happens.

    That said, for a company of MS's financial strength, filing a patent is a trivial process; Therefore they will patent what they think of and consider it a resource to be used for whatever purpose at a later date. I highly doubt they actually have plans to put this in an OS.

    I've been wrong before of course.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
  8. Re:Let me get this straight by Belacgod · · Score: 4, Insightful

    You'll have agreed to this in the EULA. Under the section where they reserve the right to install whatever updates they like.

  9. Re:No by trolltalk.com · · Score: 3, Insightful

    "The software would also free advertising from its traditional browser yoke. "A word processor may display a banner ad along the top of a window, similar to a toolbar, while a graphical ad may be displayed in a frame associated with the application. A digital editor for photos or movies may support video-based advertisements," the patent application says."

    Prior art: The original Realplayer. Freeware products have been doing this for more than a decade. It was a dumb idea then, its a dumb idea now.

  10. Re:Let me get this straight by Soko · · Score: 4, Insightful

    You'll have agreed to this in the EULA. Under the section where they reserve the right to install whatever updates they like.

    Oh, that'll fly.

    *in the nebulous future*

    Me: Well, in order to get the latest security update, we have to install the service that scans our hard drives in order to provide targeted advertising.
    CIO: What? Repeat that.
    Me: Ummm. Well, Microsoft's latest service pack installs a service that gathers information from the files on your hard disks in order to provide more targeted ads an-
    CIO: Like FUCK it does. I don't fucking care how you do it, block that fucker from running. You go do that now - I'm calling our Microsoft rep to have a little chat...

    As far as I can see, this will die on the vine.

    --
    "Depression is merely anger without enthusiasm." - Anonymous
  11. Re:free oS in the offing? by Control+Group · · Score: 2, Insightful

    I seem to remember ad supported internet, which didn't really go anywhere.

    That depends on your definition of "go anywhere." NetZero the organization is still around, but NetZero the 100% ad-supported ISP model is no longer extant.

    --

    Reality has a conservative bias: it conserves mass, energy, momentum...
  12. Re:Capture, milk, rinse, repeat by Citizen+of+Earth · · Score: 3, Insightful

    Microsoft has such a cynically exploitative view of the market that they truly prove that large corporations can be psychotic.

    You just need to look at the third world (and Middle East) to understand that in the absence of accountability, the most cynically and paranoid psychopathic entities are the ones that become the top leaders. The free market is supposed to provide the accountability and the democratic government is supposed to insure the free market and The People are supposed to insure the democratic government, but the government has been infested by the psychopathic corporations. It's up to The People to correct the government, but they are asleep at the switch.

  13. Re:free oS in the offing? by dreamchaser · · Score: 2, Insightful

    Advertising to people who can barely afford a computer and can't afford one with an OS probably isn't all that lucrative.

  14. Might Not Be Evil by logicnazi · · Score: 4, Insightful

    Sure implementing this patent would be pretty damn evil and intrusive IF it was just foisted on the public. However, we have no reason to believe MS intends to do anything of the kind.

    For starters they may be patenting this 'technology' (it's kinda obvious) defensively to prevent other people from implementing it (even as an 3rd party addition to windows). Alternatively they may be planning to offer special free computers to people who agree to be subject to this sort of invasive advertising. I don't like the idea myself but if other people are fairly informed and want to get their free computer anyway why should I tell them they shouldn't?

    --

    If you liked this thought maybe you would find my blog nice too:

  15. I've grown to despise advertising by Floritard · · Score: 5, Insightful

    I stopped watching television altogether a few years ago, aside from the occasional SNL when I remember it's on (yea I know, SNL isn't funny, save it). I just find the commercials really disgusting. Whenever I do catch tv now, say when I get bored of staring at my thumbs while visiting relitives, the ads really make me queasy, physically not figuratively. Something about the rapid ramp up of music and the incessant talking, those earworm jingles. There's no silence between commercials anymore, not even a small blip. One just feeds right into the next with their micro-plots and wild changes of tone. It bothers me that so much talent and work goes into making something so disposable. They're really engineered at a fundamental level to get into your mind and stay there, and I think that's something way more insidious than most people realize.

    The other day I went into best buy and bought a $30 bluetooth adapter. The cashier asked if I wanted a $10 2-year warranty on the thing. I firmly declined and as she went on explaining the benefits of this program I felt less and less happy to be shopping in a brick & mortar store. The cashier was just doing her job but I still wanted to strangle whatever marketting exec makes them do that. I find generally all advertising really off-putting anymore. I know what the hell I want to buy, I don't get sold things. I'll take a psych test to prove it. I know it works well on lots of sheeple, but let me opt out damn you.

    My point is, I'm getting pretty hostile to marketting, and as far as I can help it I won't have any more business with MS if they engage seriously in this strategy. There's enough spam out there, it really doesn't belong anywhere in a fundamental part of an OS.

  16. Isn't it obvious? by Control+Group · · Score: 5, Insightful

    I suppose it could just be me, but it sure seems obvious what they're doing here. They're trying to acquire a patent defense against Google. Google's raking them over the coals about desktop search - and it's pretty clear how Google would go about making money off desktop search: targeted advertising.

    So Microsoft is trying to get a defensive patent to prevent Google from leveraging the OS as an ad-serving mechanism. The proximate motive for this is, I believe, probably to use as ammo against Google in the current dispute, and certainly in the inevitable near- and mid-term disputes.

    Which is not to say that MS itself won't implement a tech like this in some fashion at some point, but I'm in agreement with some other posters that it will be a free/cheap version of Windows. They're just not short-sighted enough to try and shovel this into the enterprise; it would be the end of Windows upgrades for business if they did.

    --

    Reality has a conservative bias: it conserves mass, energy, momentum...
  17. Thank you for your offer, but screw you by tepples · · Score: 3, Insightful

    Microsoft:

    Here's this OS. You see, it's a $1200 OS. You have 2 choices:

    1) $600 + adware. See, you get a discount, so it's OK for us to spy on you.
    2) $1200, without adware. 3) Thank you for your offer, Mr. Gates, but intercourse you, I'm buying a $1000 PC and installing Ubuntu.
    4) Thank you for your offer, Mr. Gates, but intercourse you, I'm buying a Mac.
  18. Re:Who says you will get a choice in the matter? by tepples · · Score: 3, Insightful

    Nice sentiment but take a moment to consider what the actual offer will be:

    Option #1, [a video game console.] Option #2, [a PC as we know it, running GNU OS. The vast majority of web sites will be made compatible only with video game consoles.] Given the number of businesses whose servers run Solaris, BSD, or GNU operating systems, how would this fly?

    Microsoft Hotmail, the only approved mail service since they merged with the Postal Service. United States Postal Service is a public utility. Microsoft is a convicted monopolist. How would this fly, except perhaps under President JEB? And how would it fly for communication between the United States of America and other countries?

    Linux will of course be part of that warez scene since after the Patent Wars any useful program will be in violation of at least one IBM distributes pieces of a GNU OS for its servers. Those pieces under GPLv3 come with patent licenses. And how are you sure that the patent wars won't end with the majority of these patents invalidated on account of obviousness given the prior art or just plain reading on prior art?
  19. In your bizarre, paranoid fantasy by jaypaulw · · Score: 2, Insightful

    In your bizarre, paranoid fantasy when does Apple stop making computers? Amongst a million other issues.

    I think it's called a "false dichotomy"

    JP