Slashdot Mirror


Firm Sues Sony Over Cell Processor

An anonymous reader writes that earlier this month, Sony received word of a lawsuit from a Newport Beach company called Parallel Processing. They've filed against the electronics giant alleging that the Cell processor, used in the PlayStation 3, infringes on a patent they own. They've made the somewhat outrageous demand that every infringing chip (and console) be 'impounded and destroyed'. From the article at Next Generation: "The patent, 'Synchronized Parallel Processing with Shared Memory' was issued in October 1991. It describes a high-speed computer that breaks down a program 'into smaller concurrent processes running in different parallel processors' and resynchronizes the program for faster processing times ... Parallel Processing said that Sony's alleged actions have caused 'irreparable harm and monetary damage' to the company."

330 comments

  1. hah by thatskinnyguy · · Score: 2

    If things weren't going bad enough for the PS3, then this comes along.

    --
    The game.
    1. Re:hah by Anonymous Coward · · Score: 5, Funny

      Yes, let's all stroke ours Wiis over this news.

    2. Re:hah by Anonymous Coward · · Score: 3, Funny

      That's okay, Parallel Processing could only have found out about the patent infringement by violation of the DMCA and illegal hacking of Sonys PS3 - so they'll be going to jail for a long time.

    3. Re:hah by Anonymous Coward · · Score: 1, Funny

      Yes, let's all stroke ours Wiis over this news. I'm way ahead of you...
    4. Re:hah by Austerity+Empowers · · Score: 2, Funny

      Actually, if they were successful at generating an order for PS3s to be impounded and destroyed, it might create a pretty high demand for people to go buy them, just for the purpose of resisting whatever authority might try to do so. I sure would, it'd be fun.

    5. Re:hah by Trent+Hawkins · · Score: 2, Interesting

      a week doesn't go by where someone doesn't sure either Apple or Sony for one thing or another.

    6. Re:hah by Hucko · · Score: 0, Offtopic

      bloody terrorists

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    7. Re:hah by WgT2 · · Score: 1

      a week doesn't go by where someone doesn't sure either Apple or Sony for one thing or another.
      Are you sue about that?
    8. Re:hah by HyperJ · · Score: 1

      Thats probably the most enjoyable thing we can do with our Wii's, at least while we wait for some more decent games to be released.

    9. Re:hah by LKM · · Score: 1

      You think you have it bad? All we PS3 owners have is a 5-minute demo of Heavenly Sword :-)

  2. What's next? by vigmeister · · Score: 4, Insightful

    Are they going to go after AMD and Intel for their multicore CPUs?

    Cheers!

    --
    Atheist: Buddhist in a Prius
    1. Re:What's next? by AKAImBatman · · Score: 5, Interesting

      No. Their patent appears to be directed at a specific subset of multiprocessing known as MIMD (Multiple Instruction Multiple Data) processors. The key to their "invention" is a processor that sits in front of the various processing elements and divvies up the chores to ensure that all processor elements are well fed.

      To be perfectly honest, I don't understand why they're suing Sony and not IBM. I suppose it's probably tactical, especially since Sony is actually selling the chips as opposed to IBM who's mostly talking about them at this point. (IBM fabs the chips on Sony's behalf.)

      It's hard to be sure, but this sounds like a patent troll case. The only thing that muddies the waters a bit is that this "International Parallel Machines, Inc." actually exists and sells products:

      http://www.ipmiplc.com/

    2. Re:What's next? by Frothy+Walrus · · Score: 4, Insightful

      look at the site -- they make PLC's, not general-purpose processors. they're not losing a goddamn cent to Sony or IBM.

    3. Re:What's next? by TheRaven64 · · Score: 1

      To be perfectly honest, I don't understand why they're suing Sony and not IBM The Cell is jointly developed by Sony, IBM and Toshiba, it is not designed by IBM and sold to Sony. IBM are fab'ing it, but they also fab chips for AMD, and it wouldn't make sense to sue IBM for a patent infringed by AMD.
      --
      I am TheRaven on Soylent News
    4. Re:What's next? by AKAImBatman · · Score: 4, Insightful

      Which makes little to no difference to patent applications. If you own a patent, the damages are in lost licensing fees for the patented technology. That's how inventors get rich. They patent an idea, then sell the rights to use the patent. Meanwhile, they get to stop working on their invention and rake in the dough.

      My point about their business muddying the waters is that their business adds a certain amount of legitimacy to their claims of owning the rights to and licensing such technologies. It does not matter if they produce the tech themselves or not.

    5. Re:What's next? by klingens · · Score: 2, Informative

      What chips is IBM making for AMD exactly?

      From what I remember, IBM licensed/sold/whatever SOI-technology to AMD. Not actually doing any fabbing. AMD uses their own (Dresden) fabs and has Chartered (CPUs) and TSMC (ATI GPUs) doing some fabbing for them.

    6. Re:What's next? by jd · · Score: 2, Insightful
      I'll give you an excellent reason for them suing Sony and not IBM. IBM is an 8000 lb. gorilla that has an army of vampiric lawyers so skillful they can not only draw blood from a stone, they can even draw blood from SCO. Sony's lawyers, on the other hand, have trouble with lawsuits against preteen fileswappers and computerless grannies. If you want to leech money, it's perfectly obvious which one you're more likely to leech successfully from.

      And, no, the patent is not valid. Such devices have existed for thirty years, albeit mostly in research labs and Universities. Prior art is prior art, however, and Sony needs only one example that is close enough to invalidate the patent.

      It is just possible that this lawsuit is funded by Microsoft or some other console manufacturer, in an effort to throw legalistic mud at Sony's console and thus boost sales of their own. Same way SCO tried to boost their sales by throwing legalistic mud at Linux. I would not rule that out just yet, as this may well impact sales. People aren't going to want to buy a console they can't do anything with and will have to destroy a few weeks later under court orders.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    7. Re:What's next? by FunkyELF · · Score: 0

      Too bad the cell is SIMD and not MIMD

    8. Re:What's next? by russotto · · Score: 5, Informative

      To be perfectly honest, I don't understand why they're suing Sony and not IBM.


      IBM has been involved in the parallel processing field for a long time. I'm sure they have plenty of patents which pre-date and overlap this one and probably quite a few that International Parallel Machines is arguably infringing on.

      The stuff in Claim 1 of the patent (5,056,000) is basic multi-processor stuff which certainly wasn't actually novel in 1989 (when the patent was filed). And the Cell doesn't seem to violate it anyway. It appears to be Claim 6 they are suing over. Claim 6 describes a particular way of partitioning processing power in a MIMD system, but again I doubt it was novel in 1989.

      They may not be trolling. But if they go against IBM, or if IBM intervenes, I don't think they can win.
    9. Re:What's next? by Anonymous Coward · · Score: 0

      What's stopping IBM from lending Sony some of their lawyers again?

    10. Re:What's next? by Anonymous Coward · · Score: 0

      Wire up multiple SIMD processing units in a mesh and you have... MIMD!

    11. Re:What's next? by vigmeister · · Score: 1

      Pardon my ignorance if I sound stupid,

      I think Sony's defence would revolve around prior art and the 'plurality of multi access memory modules equal to the number of cores' part. I don't buy their patent infringement argument for a variety of reasons (others have pointed these out and more).

      I should have stated that I expected them to try and go after AMD/Intel if they won this lawsuit (highly unlikely- I hope...). Reason I say that is... If the memory module count did not deter them from trying to sue Sony, the absence of an hardware master-slave relationship would not deter them from suing multicore processor manufacturers.

      Dumb lawsuit IMO. God forbid they should win this one...

      Cheers!

      --
      Atheist: Buddhist in a Prius
    12. Re:What's next? by InvalidError · · Score: 1

      At a glance, it seems the patent is about a CPU that breaks down a program among multiple execution cores and resynchronizes the results afterwards. Since the PS3 relies on parallelizing compilers, Cell-optimized libraries and explicit programmer intervention to exploit its parallel hardware rather than have some sort of dispatch engine in Cell to do this seamlessly - assuming this is actually feasible and practical, the case appears to be a baseless patent scam. However, the fact that PS3 devs have such a hard time getting up to speed with Cell programming hints that the PS3 possesses no such miracle hardware - extracting parallelism from Cell is still as hands-on a practice as it has been on all parallel computers up to now: an art in SOFTWARE design.

      AFAIK, pretty much all the MP scaling up to now is purely software-driven either by explicit programmer intervention (MPI, OpenMP tagging or explicit threading) or picking MP/MPI-optimized libraries for all the heavy lifting. If that company should sue anyone, the closest thing I've ever heard of that might infringe on the patent would be AMD's fabled reverse-multithreading - a CPU able to seamlessly extract parallelism from a single instruction stream and dispatch execution among multiple processing cores.

    13. Re:What's next? by einhverfr · · Score: 1

      I would agree that this looks like a patent troll case. IANAL, of course.

      I very much doubt that Sony's R&D can cause "irreparable harm and monetary damage" to the plaintiff. Irreparable would mean that no amount of reparations would undo the damage and this seems absurd to say the least *even if* the patent claims are valid (which I doubt).

      This is also quite interesting in that it may be the first major case following the recent Supreme Court decision extending the defense of obviousness. (This seems to me to be a classic example of obviousness in that it is the only real solution to a common problem with CPUs that run with a large number of cores and would be obvious to any engineer designing such CPUs.)

      --

      LedgerSMB: Open source Accounting/ERP
    14. Re:What's next? by nasch · · Score: 1

      IANAL, but I think I remember reading that in a case like this the court assumes the patent is valid and the defendant cannot even challenge the patent itself as part of the lawsuit. The case is about whether the defendant infringed the patent and how. I hope that I am wrong, though.

    15. Re:What's next? by Anonymous Coward · · Score: 0

      Wasn't the Amiga doing this long before this patent?

    16. Re:What's next? by plague3106 · · Score: 1

      Um, people cannot be told to destory thier own property because a third party did something wrong.

    17. Re:What's next? by imgod2u · · Score: 1

      That's not what MIMD means...

      Otherwise known as vector computing, MIMD is a generic term for VLIW architectures. I.e. instruction/data are bundled to be processed together in parallel.

      The architecture being argued about here calls for parallelism on a higher level, very similar to Asymmetric Multiprocessing with the caveat that there is an arbitrator core.

      I'm not sure how something that generic can be patented but then again, I think the patent system as it exists today is fairly screwed up.

    18. Re:What's next? by TheBrutalTruth · · Score: 1

      Except that they sell PLC's (Progarmmable Logic Controllers). Based upon my experience with PLC's (Siemens and Allan Bradley namely, and some SBC PLC's), there is absolutely no need for anything like a Cell processor. PLC's are all about simple control of analog or digital I/O's (i.e. take a -4VDC to +4VDC input, = 4 to 20 mA out to device X). Usually built on old Pentium 2 chipsets, and that's enough to control robust systems, like power plants (or drilling rigs, in my experience. Furthermore, I don't see the specs of "International Parallel Machines, Inc." PLC's exhibiting the use of a MMID processor. Nor have I heard of their products being used in any industrial application. My $.02

      --
      Enlightenment is a pipe dream. So where's the pipe?
    19. Re:What's next? by fbjon · · Score: 1

      IBM has been involved in the parallel processing field for a long time. I'm sure they have plenty of patents which pre-date and overlap this one and probably quite a few that International Parallel Machines is arguably infringing on. A great defense for Sony.


      "Your patent is invalid, because IBM already has prior art and patents on it. Ha!

      ...Oh shit."

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    20. Re:What's next? by *weasel · · Score: 3, Interesting

      My guess is that their addition to multi-core processing, and the meat of the alleged infringement, revolves around dynamic, exclusive assignment of chunks of shared memory to each worker core.

      Setting up and stacking shared memory so that each worker core doesn't have to copy-in its working data set, nor copy out its results and still maintain data integrity gives a huge performance advantage. That is, core A is assigned shared memory chunk M1 exclusively, and when it's done processing, the control core assigns exclusive control of M1 to core B, so it can continue processing; Rather than core A copying in the contents of M1, then processing and then copying back out its results.

      Simply shifting exclusive control saves you the time of shuffling all that data between each core and shared memory and lets do more with the same local-memory and memory bandwidth. Even today, most of the multi-threaded apps I've seen burn a considerable number of cycles copying 'shared' data in to a worker thread/core and results back out.

      I would be surprised if that wasn't novel hardware design in 1989, though I'm certainly open to the possibility that it wasn't.
      Before 1989 I was a bit more concerned with the health risks associated with exposure to cooties.

      --
      // "Can't clowns and pirates just -try- to get along?"
    21. Re:What's next? by BlueParrot · · Score: 1

      To be perfectly honest, I don't understand why they're suing Sony and not IBM
      They saw what happened to SCO ?
    22. Re:What's next? by dup_account · · Score: 2, Insightful

      Umm... Sounds like the perfect defense, since IBM co-developed it with them.... And IBM's prior art is just as good as anyone else' for invalidating a patent.

    23. Re:What's next? by Anonymous Coward · · Score: 0

      'We put "Industrial" into the phrase Industrial Controls.' .. haha .. I got it! This company is planning on coming out with an Industrial Gaming Machine to make the PS3 and 360 look like something from 10 years ago ..

      I think their web page was designed by the companies 13 yr/old CEO!

      I'm so sick of hearing about patent lawsuits and the RIAA

    24. Re:What's next? by AKAImBatman · · Score: 1

      I'm by no means an expert on MIMD design, but my understanding is that MIMD and VLIW are different technologies. VLIW is about creating a processor that is capable of executing common combinations of instructions in parallel. MIMD is different in that it's about using a network of processors, each running its own program. These processing units then chew the same or different data in turn, some of it in parallel and some of it in series. (Depending on the data set.)

      As an example, let's say you needed to perform 3 operations on a large set of data. Well, you could configure the processing units to each perform one of the operations before passing the data on to the next processor for the next operation. Meanwhile, you can have another stream performing a separate set of 3 computations along a parallel pathway of processors. Or you could have the two streams needing overlapping computations based on the data being passed through, so the data can be "switched" between PU nodes depending on the processing operation that needs to be done.

      Basically, it's a form of distributed computing on a chip. At least, that's my understanding of it. If someone else has a better explanation, I'm all ears.

    25. Re:What's next? by Anonymous Coward · · Score: 0

      Sony is not exactly known for bending over either, and is very likely to make these patent trolls deeply regret ever filing.

      Oh, you think Sony == RIAA. Typical for a slashdotter I guess. Even threw in a jab at MS.

    26. Re:What's next? by AKAImBatman · · Score: 1

      Oh, and if your interpretation was correct, then this paper about combining VLIW and MIMD architectures wouldn't make a whole lot of sense.

    27. Re:What's next? by Anonymous Coward · · Score: 0

      Then IPM should have patented THAT.

    28. Re:What's next? by sumdumass · · Score: 1

      I hope that isn't the case. It would suck being stuck in a court where the right to challenge the very merits of the case are in question.

    29. Re:What's next? by darkmeridian · · Score: 1

      The upshot of Mercexchange v. eBay is that patent-owners who do not manufacture or sell a product are going to have a hard time obtaining injunctive relief against infringers, alleged and otherwise. The fact that this company sells products it claims practice the patents in suit is crucial because the company has a good argument for shutting down Sony's sales of the Cell. RIM, of Blackberry fame, can attest to the strength of such a threat. NTP was able to get a $612 million settlement after threatening to shut down Blackberry service in the United States.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    30. Re:What's next? by Daniel+Phillips · · Score: 1

      To be perfectly honest, I don't understand why they're suing Sony and not IBM. I suppose it's probably tactical, especially since Sony is actually selling the chips as opposed to IBM who's mostly talking about them at this point. Easy, trolls are stupid, which of course does not make them any less evil. This one perceives Sony as more likely than IBM to pay up just to buy some peace and quiet. Slight flaw in reasoning there, because IBM will perceive any attack on Cell as a direct attack on IBM. The Nazgul must already be in flight.
      --
      Have you got your LWN subscription yet?
    31. Re:What's next? by MightyMartian · · Score: 1

      I think it's pretty damn likely that IBM has prior art on this. I doubt there's a processor configuration out there that IBM's engineers didn't at least formulate on paper. Let's remember that theoretical architectures have seen a lot of attention over the last forty years, and from what I've seen (admittedly as a layman), just about all the configurations being manufactured now are rooted in concepts that were documented and well understood decades ago.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    32. Re:What's next? by Anonymous Coward · · Score: 0

      Only if by "Amiga" you mean "Atari Transputer".

    33. Re:What's next? by Intron · · Score: 2, Insightful

      Back in the 70s C.mmp used a crossbar switch to connect multiple shared memory to multiple processors with local memory. It covers claims 1, 2, 3, 6, 7 and 8 but claims 4 and 5 appear to allow a processor to simultaneously write data to multiple memories (local and shared). I can't think of a parallel architecture that did this.

      --
      Intron: the portion of DNA which expresses nothing useful.
    34. Re:What's next? by jd · · Score: 1

      No, people can be told almost anything, as TV and radio demonstrate on a continual basis. Making them destroy their private property is another matter, but if some technology X is decreed illegal, then there are precedents for having penalties exist if they do not destroy that property.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    35. Re:What's next? by rizzo320 · · Score: 4, Funny

      look at the site -- they make PLC's, not general-purpose processors


      Yes, it does seem they make "Patent Lawsuit Cases" :-)
    36. Re:What's next? by David+Greene · · Score: 1

      Otherwise known as vector computing, MIMD is a generic term for VLIW architectures. I.e. instruction/data are bundled to be processed together in parallel.

      Nope. The terms are pretty easy to figure out given their definition:

      • SISD: Single Instruction Single Data -- Uniprocessing
      • SIMD: Single Instruction Multiple Data -- Each single instruction operating on multiple data. Vectorization, SSE, Altivec, single-issue VLIW with scalar operations, etc.
      • MIMD: Multiple Instruction Multiple Data -- Different instructions operating on different data. Multithreading, Superscalar, Scalar Multiprocessing, multiple-issue VLIW using scalar operations, etc.
      • MISD: Multiple Instruction Single Data -- Different instructions each operating on the same data. Sounds useless but is used for redundant execution in multithreaded codes to avoid synchronization and also for hardware error detection and correction (the S/390 has multiple redundant cross-checked cores, for example).

      Of course, these get mixed-and-matched. For example, every vector processor has scalar instructions so it uses at least SISD and SIMD. Those processors can be put in multiprocessor machines so those systems are also MIMD. So the applicability of the term depends on the context (within a core, within a socket, within a system, the particular code at issue, etc.)

      --

    37. Re:What's next? by jd · · Score: 3, Interesting
      Sequent's SHRIMP architecture was quite nice for this kind of work. (And you won't hear me say a whole lot nice about Sequent, having worked under Tim Witham - yes, the former OSDL guy - for some time.) The DoD was also developing with DARPA the iWarp engine. Download a copy of the report before it gets deleted by paranoid Homeland Insecurity guys! :)

      I also saw a lot of self-organizing work on the Transputers. These were fairly low-power processors (but respectable for the time) that could be trivially wired into a mesh as large as you like. Processes could be divided by the hardware pretty much as the hardware liked. Both code and data could also be declared MOBILE.

      Weird list of some historical events in parallel processing - there's a few other examples in there.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    38. Re:What's next? by cyberworm · · Score: 1

      While what you say is entirely possible, I would respectfully like to see some kind of link between this company and microsoft before we start throwing around the "Bill Gates wants all the money in the world" boogeyman. Please?

    39. Re:What's next? by mshih · · Score: 1

      IBM makes and sells the chips. IBM's biggest customer of Cell processors right now is Sony. IBM has been trying to sell the chips to other companies. Sony is not the right company to sue. They just target Sony because Sony has a bad rep and is an easier target than IBM. This is just another SCO in the making and I hope IBM crushes these idiots too.

    40. Re:What's next? by cstdenis · · Score: 0

      As much as I hate patent trolls, its nice that they are targeting the much hated Sony.

      --
      1984 was not supposed to be an instruction manual.
    41. Re:What's next? by NoobixCube · · Score: 1

      When is a patent suit not a patent troll case? Patents were invented to protect the livelihood of people who invent a new technology or process from cheap knockoffs, but all of the patent cases I've seen in recent years have just been cold money grabbing, or a deliberate attempt to hamstring someone else's place in the marketplace (e.g. Microsoft's patent covenants with Linux distributions).

      --
      Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    42. Re:What's next? by Ironsides · · Score: 1

      This one actually appears to not be a troll. The company in question is not a house of lawyers, but a chip manufacturer making chips that use this technology. So, for once we are hearing about a patent suit that does not appear to be a troll.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    43. Re:What's next? by ArcSecond · · Score: 1

      Thankfully, you can't patent an idea.

      The term "patent" usually refers to a right granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. - Wikipedia.org

      --

      I've got a bad attitude and karma to burn. Go ahead. Mod me down.

    44. Re:What's next? by fatphil · · Score: 1

      Patently Ludicrous Cases.

      I'm fairly sure this is just another submarine patent that simply covers what's been general, and so general it's not been worthy of publication, knowledge for ever and a day. I certainly know that the original (lab only) POWER cores did what the 1-line description claims.

      --
      Also FatPhil on SoylentNews, id 863
    45. Re:What's next? by tuomoks · · Score: 1

      Good comment. The problem I have is that I did graduation work on parallel, shared memory systems 1971! It was of ( still classified? ) shell sorting parallel machines to process the radar data coming in. It had to be parallel, computers at that time were not fast enough otherwise. 128 ( or more, I never found out ) processors sharing the load coming in, sorting / filtering / transforming it and giving it to the backend. Now, of course 70's vector processors did a lot same kind tasks, just even faster, weird?

    46. Re:What's next? by donaldm · · Score: 1

      The company would have to go after IBM and Toshiba as well since they along with Sony developed the Cell Broadband engine. This is almost like taking a pen knife and attacking a fully grown tiger because if Sony looses then IBM is next and I am sure that the IBM legal team will get heavily involved with this. The only wild card is Microsoft who would love for Sony to loose this but they now have to be very carefully because of the Immersion funding coming to light.

      From what I remember, Texas is a preferred place for Patent Trolls to litigate.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    47. Re:What's next? by jd · · Score: 1

      Why would Bill Gates want all the money in the world, when he already has twice that? :)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    48. Re:What's next? by Anonymous Coward · · Score: 0

      If that described the Cell architecture at all, they'd have a better case. The Cell has multiple SPUs, each with their own fixed local store of memory. They have an interconnect bus for DMA transfers, which are the only way for them to access main memory or each other's local memory. You can't do processing on Cell in the way you describe.

    49. Re:What's next? by lpq · · Score: 1

      You describe their invention: "a processor that sits in front of the various processing elements and divvies up the chores to ensure that all processor elements are well fed". How is this different from a multiple stage pentium-III or pentium 4, where instructions get sent to different sub-processing units integer math, FP math, MMU/cache management...etc. After the instructions are decoded, they are broken down into smaller steps that can be split between logical units?? Or am I missing something?

      Now add the above to P4's hyperthreading or multicore machines and it seems vague similar even if the
      MIxMD are not synchronous amongst the separate cores.

    50. Re:What's next? by F34nor · · Score: 1

      Only silght less well know then never get involved in a land war in Asia is NEVER go in against IBM when a patent is on the line.

        a. Their lawerys are a lot fucking meaner
        b. They have enough patents out their to extract your scrotum through your nose via a patented process which they will then charge you for.

      p.s. GWB should have known about the first part as well.

    51. Re:What's next? by Intron · · Score: 1

      Thanks for the link, it has a lot of good stuff in there. I remember seeing a miniDAP at ICL Kidsgrove around 1984. Neat machine with 1024 processors intended for a single-user workstation.

      As I read the Cell architecture it doesn't violate the other two claims, since it doesn't have a switch. It uses two rings to communicate between processors with none of the performance benefits that are claimed in the patent. Can't imagine why these folks think they have a case.

      --
      Intron: the portion of DNA which expresses nothing useful.
    52. Re:What's next? by smallfries · · Score: 1

      VLIW is effectively a kind of cross between SIMD and MIMD. The EUs inside the processor are each addressable separately by a field within the instruction, so in each instruction you issue a LOAD/STORE sub-instruction, an INT instruction ... etc. The compiler has a lot of work to do to fill the slots, but the decode logic is much easier but the scheduling is less flexible. In SIMB you issue one identical instruction to many cores, in MIMD you basically have separate threads. VLIW is not about multi-processing, it's just a way of shifting the decoding/scheduling burden from hardware to software.

      The patent description (like most) is quite opaque and shit. It sounds as if they are describing a programable switch fabric used as an interconnect between processing cores. The idea being that any processor can seize control (act as the master) and program the fabric, then tell the slave units to perform some computation so that the results are routed back efficiently.

      Claim 6 which somebody else has pointed out is likely to be the basis of the suit describes a network of processors which each have local memory, where it can be addressed as one large shared memory by asking the target processor to fetch and send / receive and write the information.

      The Cell doesn't infringe this patent because the internal communication network is a fixed topology token ring bus. There is not a flexible master in the system because the Cell is asynchronous in the sense that the smaller slaves are not comparable to the main core. From the way they've written the wording it seems as if this is what they mean by synchronous, although it is mixed in with an example of communication barriers for multiple processors. All bets are off about exactly what they meant there.

      Either way, it doesn't matter as the patent is completely invalid. All Sony would have to do is mention Inmos and the Transputer, and any of the patents that they filed in the 1980s which predate, and overlap this patent. In particular the implementation of channel negotation between multiple transputers as a reconfiguration of a switching fabric by any of a number of identical processors acting as a master.

      Of course, this will play out as a patent dispute in a US court, so all bets are off. Toss a coin, see who wins.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
  3. As much as I would love to see that happen... by Anonymous Coward · · Score: 0

    While I must admit I would absolutely love to watch every PS3 be destroyed and Sony die a horrible death (what, me, bitter?), isn't the Cell an IBM chip? So shouldn't this be a suit against IBM and not Sony?

    1. Re:As much as I would love to see that happen... by mabhatter654 · · Score: 1

      this is somebody's bright idea to go for the "little guy". And what about Microsoft and Toshiba, both working with IBM. MS on processors, and Toshiba is a partner to build Cell? Talk about the wrong mark here. You'd think legal council would do more work that what the average Slashdotter knows in the first 10 posts.

    2. Re:As much as I would love to see that happen... by Anonymous Coward · · Score: 0

      Why? Didn't your mommy hug you when you were little?

  4. Cray had prior art/implementation a decade earlier by xmas2003 · · Score: 0, Offtopic

    Cray Supercomputer and others were doing all sorts of parallel processing back in the 70's and 80's. Per their history page , the Cray-1 came out in 1976 and various quotes from that page include "first multiprocessor supercomputer (1982) ... multiple 333 MFLOPS processors (1988) ... massively parallel processing (MPP) system (1993)"

    What are Sony's lawyers going to patent next - using MPP (multiple parallel painters) to paint a house?

    --
    Hulk SMASH Celiac Disease
  5. Patent Link by Anonymous Coward · · Score: 5, Informative

    Patent link. Should be in the summary, IMO.

    1. Re:Patent Link by alexhs · · Score: 3, Informative

      Thanks for the link.

      I was seeking who were "Parallel Processing Corp." (IP corp or are they actually producing something ?) but having such a generic name doesn't help,
      and searching for
      "parallel processing corp" / "parallel processing corporation" only gives links related to this lawsuit.

      I found the filing, and a short but interesting explanation here

      Also when searching for "parallel processing" "newport beach", I found the related announcement of Acacia Technologies.

      There also seems to be quite a few events about parallel processing in Newport Beach, like the Seventh International Parallel Processing Symposium (April 13-16, 1993)

      So has someone a clue about that "Parallel Processor Corp." ?

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    2. Re:Patent Link by Gresyth · · Score: 1

      From my searching, Parallel Processing has no website and makes no products I can locate any info about. From the news reports, Parallel Processing is an off-shoot of International Parallel Machines ( the actual patent holder ), which from their website, http://www.ipmiplc.com/ is "a maker of Programmable Logic Controllers designed for industrial usage. All of our Programmable Logic Controllers have heavy duty aluminum cases, perfect for the manufacturing floor." Makes me wonder how they are harmed. Are manufacturers now controlling their widgit assembly machines with PS3's?

      --
      Tech Support: "No, sir...clicking on 'Remember Password' will NOT help you remember your password."
  6. Impractical by techiemikey · · Score: 1

    wow...ignoring the patent part which everyone else will address, i would suggest this to the company if they somehow won this suit. Instead of just "Impounding and destorying" every infringing chip, wouldn't it make more sense just to ask for a "cease and desist" order for the PS3 and all related services? That way it won't require trying to track down half a million PS3 users, and can target people planning to make money off of the patent leak.

    1. Re:Impractical by toQDuj · · Score: 4, Insightful

      I don't think there ever was an "impound and destroy" precedent in patent law. It is completely ridiculous, and the only reason I see them doing it is so they have a starting point for a haggle-structure. You start with something completely preposterous, and any further proposal will come over as somewhat reasonable.

      B.

      --
      Every experiment which ends in a big bang is a good experiment.
    2. Re:Impractical by russotto · · Score: 5, Informative

      I don't think there ever was an "impound and destroy" precedent in patent law.


      Polaroid v. Kodak. All of Kodak's infringing cameras had to be recalled and destroyed.

    3. Re:Impractical by Joe+Snipe · · Score: 1

      I hope they win, then my PS3 might actually be worth $599.

      --
      Sometimes, life itself is sarcasm...
    4. Re:Impractical by nero4wolfe · · Score: 2, Interesting

      It is not correct that Kodak had to both recall and destroy their "infringing" cameras; there was just a recall. I had one of those Kodak cameras (as that was a much better camera than what Polaroid made at the time). All I had to do was remove the front nameplate and send it in for a refund. The only thing that "destroyed" what was left was that the film it used was no longer produced.

    5. Re:Impractical by TemporalBeing · · Score: 0

      I don't think there ever was an "impound and destroy" precedent in patent law. It is completely ridiculous, and the only reason I see them doing it is so they have a starting point for a haggle-structure. You start with something completely preposterous, and any further proposal will come over as somewhat reasonable.
      Another reader mentioned Polaroid v. Kodak. This also happened to Atari with Tetris[1]. They thought they had the rights to produce it but then they did not due to some craftiness of the Soviets. So they had a few hundred thousand copies (million copies?!) that then had to be destroyed. This was out of copyright instead of patents, but it's still there.

      [1]See the BBC Special on Tetris (I think the title is "Tetris:From Russia with Love") - I'd link the YouTube/GooTube, but can't get to it at the moment.
      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    6. Re:Impractical by steelfood · · Score: 1

      I don't mean to sound pretentious, but could you cite a source for that? I find it hard to believe that any court would order a recall. Perhaps Polaroid refused to license to Kodak after the suit and that's what prompted the recall, but I'm pretty sure that isn't a legal precedent.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    7. Re:Impractical by networkBoy · · Score: 2, Interesting

      In fact, while I was in the camera business, I got people all the time bringing those Kodak Star cameras in to ask for film. When I explained why I had no film they would invariably ask how much it was worth so they could sell it. Whenever I said nothing they would get all pissed because they spent good money on the camera, and I would have to explain that they could still get a partial refund from Kodak, but no one would buy the camera because you can't get film.

      Since Polaroid makes money from film (the cameras are loss leaders) I never understood why they didn't work out a deal with Kodak by which they (Pol) would make film and Kodak could continue making the cameras, but was enjoined from the film side (obviously Kodak would shortly quit making the cameras on their own).
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    8. Re:Impractical by Anonymous Coward · · Score: 0

      It may not have many precedents but to say that it is absurd paints exclusive licensing with the same brush. As far as I know, the patent holder has the right to determine who they sell their rights to and for what price. By saying that the product cannot be recalled and destroyed, the courts are saying that the patent holder only has the rights to receive payment for the use of their patent and has no say in who uses it. Consequently it is impossible to sell exclusive use of a patent since you cannot prevent everyone and their dog from using it. It also means that if someone is unhappy with the price you want to charge, they can just go ahead and use it anyways on the hope that the arbitrator will see things your way.

      We have reached an interesting turn of history where American Corporatism has created entities like Sony that are so univerally and thoroughly loathed that people are standing up and saying "I don't care how many millions you are offering...I still won't do business with you."

    9. Re:Impractical by Anonymous Coward · · Score: 0

      He's confused. They were no longer able make the film. This rendered the cameras useless. The recall was an attempt at good will by the manufacturer; to offer a refund for a product that was no longer of any use. If a person wanted to keep a camera for which there was no film, he was free to do so. I have one or two around for nostalgic reasons, although I picked them up at garage sales after the whole recall thing had expired.

      Had the manufacturer not offered the refunds, It may have been forced to by class action suits by camera owners.

    10. Re:Impractical by DigitalReverend · · Score: 1
      --
      I read Slashdot for the headlines, because the headlines, unlike the articles, are usually original and never duplicated
    11. Re:Impractical by DigitalReverend · · Score: 1
      --
      I read Slashdot for the headlines, because the headlines, unlike the articles, are usually original and never duplicated
    12. Re:Impractical by socz · · Score: 1

      This is a a day late, a dollar short but i think it's close enough. Although this isn't a court order, it still shows what "could happen."

      From O.J. says ghost author wrote flawed murder account
      http://www.reuters.com/article/newsOne/idUSN312838 9120070801?pageNumber=2/


      "The book was to have been published late last year by Regan Books, an imprint of HarperCollins, which is owned by Rupert Murdoch's News Corp. But the book was shelved at the last minute. Murdoch apologized and all 400,00 copies were recalled and destroyed. Regan was later fired from HarperCollins."

      --
      My abilities are only limited by my imagination
  7. in other news... by yorugua · · Score: 2, Funny

    ... Parallel Processing receives an undisclosed amount of cash from MS.

    Thanks god IBM quit building those RS/6000 SP2 system parallel thingies.

    1. Re:in other news... by Blakey+Rat · · Score: 1

      You realize Microsoft's console is a multi-processing machine, also, right?

  8. Huh? by eclectro · · Score: 0, Troll

    They've made the somewhat outrageous demand that every infringing chip (and console) be 'impounded and destroyed' You mean all 253 consoles?
    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    1. Re:Huh? by CautionaryX · · Score: 1

      I just destroyed mine... so make that 252 consoles.

  9. Infringes my "electronic brain" patent by athloi · · Score: 1

    I have a patent for an electromechanical device that like a human brain is able to make choices based on a series of logical assessments of sensed data, like "they're both true" or "neither are true." I would like royalties please, or burn all the computers in the world, thanks!

    1. Re:Infringes my "electronic brain" patent by u-bend · · Score: 5, Funny

      Dear brain processor dude: this is God. Cease and desist. I own the patent on brains. Have a nice day.

      --
      u-bend
    2. Re:Infringes my "electronic brain" patent by TheRaven64 · · Score: 4, Funny

      I believe your patent, filed in 4004BC, expired 5991 years ago.

      --
      I am TheRaven on Soylent News
    3. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 0

      I have a patent for an electromechanical device that like a human brain is able to make choices based on a series of logical assessments of sensed data...

      Human brains can do that? I think I've been hanging around slashdot for too long.

    4. Re:Infringes my "electronic brain" patent by u-bend · · Score: 1

      No. You're wrong. Now I'm ordering YOUR brain impounded and destroyed.

      --
      u-bend
    5. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 3, Funny

      but the copyright for the software running the brain (the trully interesting stuff) is still in effect - remember liftime of author + 70 years.

    6. Re:Infringes my "electronic brain" patent by BlueParrot · · Score: 1

      Dear God

      It has come to our attention that you are planning to go to court over the brain patent. In the event that you would be interested in our legal services, perhaps you would like to sign a contract with our client. If interested, please let us know at, Damned Deals INC, 666 Chamber of Greed

      Best regards:
      The lawyers

      PS: Out of legal consideration we are unable to enter heaven so you will have to visit us. We apologise for any inconvenience and hope to see you in hell soon. DS

    7. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 0

      No it did not look at Leviticus 19:43

      And when ye shall profit for what is the LORD design.
      An offering be a sacrifice of peace-offerings shall be made.
      For what is the design of the LORD your god will be till Tav.

    8. Re:Infringes my "electronic brain" patent by Dogtanian · · Score: 1

      I have a patent for an electromechanical device that like a human brain is able to make choices based on a series of logical assessments of sensed data, like "they're both true" or "neither are true." Generally speaking, the human brain doesn't work like that, and I very much doubt a workable AI system could be built on such logic. The complexity would grow to horrendous levels, and logics is fragile in the sense that everything has to be able to be considered "true" or "false"- and any single wrong input may throw the whole thing totally.
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    9. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 4, Funny

      The copyright expired in 1952, seven decades after Nietzsche pronounced God dead in 1882. The first commercially sold computer, UNIVAC I, was also delivered in 1952. Coincidence? I think not.

    10. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 0

      That would explain all the cheap, barely functional, knock-offs that flooded the market since then.

    11. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 1, Informative

      And where would god find a lawyer anyway?

      The AC

    12. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 0

      Don't bother, anyone who defies God doesn't have much of a brain to begin with. :)

    13. Re:Infringes my "electronic brain" patent by drawfour · · Score: 4, Funny

      2 Peter 3:8 says, "With the Lord a day is like a thousand years, and a thousand years are like a day." I'm sure He opts for "a thousand years are like a day", so he's had the patent just over 6 days. He still has a LONG time left on His patent!

    14. Re:Infringes my "electronic brain" patent by sakonofie · · Score: 1

      Yeah the patent office really missed the boat that go around. Come on, I mean missing all of the prior art found in apes.

      The gorillas didn't have the money to fund a law suit. The chimps at least tried taking this court, but would you know it, Alberto Gonzales refused to prosecute God. (And you had no clue his crappy memory was just the result of him being over 5k years old.)

    15. Re:Infringes my "electronic brain" patent by hitmanWilly1337 · · Score: 1

      Sorry, dude, but I think the "brain" patent falls under prior art.

    16. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 0

      Actually, if you read Genesis as an intuition of how creation occurred, as opposed to being literally true, then let there be light corresponds to the Big Bang. And each day to God is roughly 2 billion years in length, so yeah, I'd say that patent has a long way to go before expiration. :) I think that way of reading Genesis was first proposed by a Catholic Cardinal in the earlier part of the 20th century, although I don't believe he tied it to the Big Bang, I don't think that theory was around yet.

    17. Re:Infringes my "electronic brain" patent by Deliveranc3 · · Score: 1
    18. Re:Infringes my "electronic brain" patent by Anonymous Coward · · Score: 0

      Umm God, it looks like you believe in the whole "intelligent design" thing rather than evolution...

  10. So, what are the odds... by Anonymous Coward · · Score: 0

    Is there a good chance that this company will win their suit? IANAL

    On a less serious note, this company should receive some type of award, for saving thousands of lives which could have been lost to exploding PS3's

    1. Re:So, what are the odds... by hardburn · · Score: 1

      On a legal level, this is similar to Jack Thompson threatening to sue Microsoft. I'll shamelessly reuse an analogy used in that /. discussion--it's like kicking the largest gorilla in the group right in the balls. Sony has plenty of lawyers, and will likely pound this company into nonexistence.

      --
      Not a typewriter
  11. How would that work? by SIIHP · · Score: 1

    As far as I'm aware, there's no patent police to come kick down my door and take my PS3, so what exactly do they expect to happen if they win?

    Do you really think people are going to volunteer to have their PS3 destroyed because you patented the computer processing version of the assembly line?

    --
    I only go to buffets for the unlimited soft serve.
    1. Re:How would that work? by techiemikey · · Score: 1, Troll

      I would definately volunteer to have my (albeit nonexistant) PS3 destoryed if i could have a full refund for the system, accesseries, and games.

    2. Re:How would that work? by biocute · · Score: 2, Funny

      Do you really think people are going to volunteer to have their PS3 destroyed because you patented the computer processing version of the assembly line?

      Yes. That's why we heard people are installing, uninstalling and reinstalling Windows all the times. Now we know it's not because it is unstable.

    3. Re:How would that work? by gad_zuki! · · Score: 3, Interesting

      Stuff has been destroyed in the past by court orded (usually unsafe items). They dont go after the end user, they just get warrants against warehouses and then the court makes them dispose of the remaining product. The manufacturer tries a recall/rebate too.

      The fact that this is even possible is further proof that the patent system is really useless.

    4. Re:How would that work? by CrashPoint · · Score: 1

      I suppose they might seek to force Sony via court order to start some kind of program to collect PS3's from private customers who voluntarily turn them in, but unless they're completely insane that's as far as they could expect to get with privately held consoles. Most likely the impoundment they seek is that of Sony's unsold stock, and maybe retailers' stock as well.

    5. Re:How would that work? by Anonymous Coward · · Score: 0

      Of course not. The idea is massively, ridiculously impractical. It's a scare tactic, just like filing suit for $100 billion would be.

      Is it possible? As I understand it, under a shaky reading of "copyright infringement as theft," yes it's theoretically possible a court could order such relief. Effectively, they'd argue that by their IP being "stolen" by Sony, by buying a PS3 you have (even unwittingly) received "stolen property" that the court could order seized and returned.

      Or so it could in theory be argued. IMO (IANAL) there are a number of problems with such an interpretation, but hey. If you're making threats, swing for the fences. If you can get Sony's CUSTOMERS putting pressure on the company to settle, so much the better.

    6. Re:How would that work? by Aladrin · · Score: 0, Troll

      I would volunteer if I could get original retail for all of it. (Especially since I didn't pay anywhere near that.)

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    7. Re:How would that work? by mr_matticus · · Score: 2, Insightful

      A court order requiring that businesses destroy what you yourself admit are usually unsafe items is proof that the human system is really useless.

      You play at the level of the field. Humanity doesn't set the bar very high for an enlightened legal system.

      Divorce yourself from the idea that patents shouldn't exist for a moment and accept that they do (you can return to your normal anti-IP machinations in a moment). Given that basic assumption, the conclusion is reasonable. If you enforce patents with a "don't do that!" notice, nothing happens. The company must either pay enough to be discouraged or it must be punished in some other way--destroying the unsold product and forced to mount a costly recall, for example. Capitalist companies respond more or less only to money; taking money away from them is the most effective way to get them to stop doing something wrong. In point of fact, strong consequences are a prerequisite to a functioning system, precisely contrary to your statement.

      Violating a controlling law, be it a safety law, import law, consumer protection law, or even a patent makes a product unfit for sale. That's true even if 99.9% of your cans of chili are perfectly good. You might find patents absurd, but I'll bet that there's a group of people who think consumer protection laws are absurd, too. They could make a compelling case about free markets and personal responsibility, but at the end of the day, consumer laws aren't going anywhere and neither are patents, and all for good reason.

    8. Re:How would that work? by gad_zuki! · · Score: 1

      Naww, I dont find patents absurd. I think its a fixable system with the proper reforms.

      My main problem is the immediate cease (and sometimes destroy) orders. These organizations can be punished via paying damages just as well. The immediate stop of business (Vonage) and the destruction of items that are safe should never, ever happen. The fact that we give the state these powers, let alone corporations, shows us that the patent system cannot justify itself as is.

    9. Re:How would that work? by mr_matticus · · Score: 1

      Why? Why should a company be protected from having to eat merchandise that doesn't comply? What difference does it make how the monetary damages are levied? What powers fail the justification test, and what is that test?

    10. Re:How would that work? by gad_zuki! · · Score: 1

      1. Its the destruction of perfectly good equipment. This is incredibly wasteful. Even in a capitalistic society.

      2. Shutting down a business hurts employees more than investors. The government needs to address this when dealing with their broken patent system.

      3. A ruling can be faulty or turned over on appeal. Acting too soon by shutting down business (injuncture) is giving in to the corporate oligarchy way too much.

      I can see monetary damages and ceasing production, but heavy handed actions like these show me that the patent system and its various checkes and balances of big payouts, stockipling, and submarine patents exist purely to exploit the system for unearned profit, not to protect novel inventors.

      In other words its broken AND dangerous.

    11. Re:How would that work? by mr_matticus · · Score: 1

      1. That's the point. It's an extreme disincentive to the company, which must bear the burden of that waste. Further, most of these products don't end up in landfills, but are rather reproduced with the offending parts replaced and/or corrected. The company will only throw the product away if it is cheaper to do so from their end, which is the way society is set up.

      2. Patently untrue. Taking money from the company is taking money from the company. If the company is so small that its offending product causes it to avoid paying its salaries, then it doesn't matter that production ceased--punitive damages in money would bankrupt the company and do the same. If the company is large enough not to be shut down by the monetary costs, then people still go to work and still get paid. The employees are the one who broke the law, and management must bear the responsibility for that deed. If management caves to the investors and violates their own consciences in the process, so be it. They know that they're the ones on the line. The investors don't demand that people break the law. Management does it so that the investors are pleased with financial results. Again, it's about money.

      3. Moot. If the ruling is overturned, the action is avoided. Product is barred from sale immediately by court order, but orders to destroy are appealed. No company would comply with such an order while pending decision. If, for some reason, they destroyed product that is later determined salable, then the company can seek damages against the earlier prevailing party. If it has not been destroyed (as in the vast majority of cases), they can simply resume the sale of the product.

      "Heavy handed actions like these" (recall and dismantling of merchandise) are extremely rare. You've still not demonstrated any logic as to how the system is broken OR dangerous based on this issue. The ability of a system to have both freedom and discretion to determine appropriate consequences is a sign of a functional system.

      You're making a leap from an ostentatious demand (destruction of PS3s) that will never happen to some external issue. Of course the demand is bogus. Everyone knows that. They only way your view would even begin to make sense would be if a court had actually ordered the destruction of these products.

  12. Re:Cray had prior art/implementation a decade earl by techiemikey · · Score: 1

    I disagree parent is offtopic. Other than the "What are Sony's lawyers going to patent next" the rest of the information is actually relevent. Seeing as sony is being sued over a multiprocessor, a citation of previous work is actually very important information. I think xmas just got confused who was suing who.

  13. Use it or lose it by pthor1231 · · Score: 1

    Isn't there some sort of limit to just patenting stuff and then holding it for years before you do anything? And isn't this a bit late for a lawsuit too, PS3 announced they would use the Cell processor a while before its release.

    1. Re:Use it or lose it by Tridus · · Score: 1

      No, there isn't. Patent trolls use that to their advantage.

      Trademarks have a requirement to enforce it or lose it.

      --
      -- "So they told me that using the download page to download something was not something they anticipated." - Bill Gates
    2. Re:Use it or lose it by AndersOSU · · Score: 4, Insightful

      No, and no. There is a time honored tradition called the submarine patent, where you patent something, wait for someone else to develop it, wait some more for it to become profitable, and then sue. See NTP v. RIM for case in point, or read about the patent shenanigans surrounding the invention of the LASER (back when it was still capitalized).

      Now, I know that some of you are out there saying the enemy of my enemy... But really it is nonsense like this that causes the big dogs to file so many stupid patents. If they don't patent the stupid and obvious, someone else might - and then sue them for it.

      More companies need to see the light like IBM and realize that all patents after the first thousand or so are a liability, not an asset, and a cost, not an investment. Soon, after more suits like this start happening (look to the pharma and chemical industries) more major companies will start lobbying for patent reform, and then we might get something accomplished.

    3. Re:Use it or lose it by Calinous · · Score: 1

      You must actively use and defend a trademark.
            However, a patent is a completely different beast - you have it, and can sleep on it. The so-called submarine patents appear from time to time, and in some cases the infringing company pays (Microsoft and its Internet Explorer versus some company with a patent for active content in browsers ended with Microsoft paying)

    4. Re:Use it or lose it by MysteriousPreacher · · Score: 1

      Unfortunately there isn't. At any time, I could go digging in my loft, find a patent for a widely used technology and wreak havoc. Indeed, it's in my interests to conveniently forget about the patent untill it's been widely infringed. If I didn't I might actually have to use the patented device for something useful.

      Your only hope is that the patents in my loft expire before I find them.

      --
      -- Using the preview button since 2005
    5. Re:Use it or lose it by TheRaven64 · · Score: 1

      Not exactly. In the USA, you can't claim any damages which occurred between your discovery of infringement and initiating suit. You can claim anything from before you became aware of the infringement and anything that happened subsequently. This is intended to discourage submarine patents.

      --
      I am TheRaven on Soylent News
    6. Re:Use it or lose it by iminplaya · · Score: 1

      ...more major companies will start lobbying for patent reform...

      I doubt very much what they will lobby for can be called anything resembling "reform". I believe they'll just look for someway to protect themselves from lawsuits despite whatever violations they are committing. Something akin to tort or bankruptcy "reform" that's always being pushed through congress. People just have to own up to the fact that there is only one solution to all this. Until then, all this patent and copyright trolling will only become more widespread and profitable, bring real innovation to a complete standstill, and 500 years from now we will still be powering our transportation with petroleum.

      --
      What?
    7. Re:Use it or lose it by AndersOSU · · Score: 1

      Do this and read articles like this Maybe not perfect, but I'd call it reform.

    8. Re:Use it or lose it by iminplaya · · Score: 1

      Considering their vested interests, I understand their desire to keep their broken-legged horse alive. Tell you all what, bring back the original duration of copyright(14-17 years) and similar for patents, prohibit squatting, and I'll crawl back into my hole.

      --
      What?
  14. multics - prior art - 70s by micromuncher · · Score: 1

    So the end of 60's, we had multics (http://en.wikipedia.org/wiki/Multics) and one of the cool things was "process memory"... To me it seems to be splitting hairs; multiple processors, actually multiple processes accross those processors, having their own and/or sharing memory.

    --
    /\/\icro/\/\uncher
  15. Re:Cray had prior art/implementation a decade earl by Anonymous Coward · · Score: 0

    Mods, prior art IS relevant when discussing patents. Unfortunately I have no points today to undo damage to an informative post.

    Oh, wait, defending Sony = BASH.

  16. In a related story by UncleWilly · · Score: 2, Funny

    An errant Sony Jet has crashed into the HQ for Newport Beach based company Parallel Processing resulting in a 150 foot fireball.

  17. Re:Cray had prior art/implementation a decade earl by dAzED1 · · Score: 1, Informative

    uhhh...Sony isn't suing themselves. Good job actually reading the article there, bud.

  18. not quite outrageous by mr_death · · Score: 3, Interesting

    They've made the somewhat outrageous demand that every infringing chip (and console) be 'impounded and destroyed'.

    The US Constitution gives inventors "... the exclusive right to their respective writings and discoveries." If they do win at trial, destruction of every infringing device is within their rights.

    Whether they have a proper patent, and if Sony infringes on that patent, is an exercise for the reader and jury.

    --
    It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
    1. Re:not quite outrageous by arehnius · · Score: 1

      You've the point. However, US, who are the only concerned by this issue, are only a part of the market of Sony. Japanese won't be affected. And Europeans, who already pay a lot for the thing, will still be able to buy them :) Great news, isn't it ?

    2. Re:not quite outrageous by Jeff+DeMaagd · · Score: 1

      The legality of the demand doesn't mean it's not outrageous. That is close to suggesting that morality is equal to legality.

    3. Re:not quite outrageous by swillden · · Score: 5, Informative

      The US Constitution gives inventors "... the exclusive right to their respective writings and discoveries."

      No, it doesn't. Rather, it gives Congress the authority to grant exclusive rights (for limited times). The distinction is important, because Congress still gets to decide if such rights should be granted and what their precise scope should be.

      If they do win at trial, destruction of every infringing device is within their rights.

      Perhaps, but I doubt it. I haven't studied patent law much, but I do know that the purpose of patent law is to encourage the use of new inventions, so giving that much power to the patent holder would defeat the purpose. The law and the courts don't look kindly on patent owners who want to lock up the technology and prevent anyone from using it. Instead, what they want to see is patent licensing, so that inventors are compensated for their work and for their decision to publish their invention via the patent process, but so that the invention is used for the benefit of the society who funds the enforcement of the law.

      In the case of infringement, courts look for the most equitable way to repair the damage to the plaintiff, and there's no way that ordering Sony to buy back and destroy every PS3 is equitable. It would be unnecessarily injurious to all of the innocent people who bought PS3s and would force Sony to pay amounts that far exceed the value of the processors in the units (since Sony would have to buy back and destroy the entire units, not just the CPUs). Not only that, but it would do little or nothing to make the plaintiff whole, since they wouldn't get a penny from such destruction. It would be an absolutely senseless remedy and if any court ordered it, it would be overturned on appeal.

      The plaintiff can ask for whatever remedy they want, but this one is pure grandstanding, and there's no way they can believe that they would get it -- and it's extremely unlikely that they even want it.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    4. Re:not quite outrageous by samkass · · Score: 1

      If they do win at trial, destruction of every infringing device is within their rights.

      It's within their rights to request, but court precedent tends to favor a more rational approach to damages. They would have to prove that the continued existence of these devices poses some sort of additional potential damage over and above a merely monetary judgment, I think, in order for anything like that to be decided.

      In the unlikely event this company wins and their patent remains valid, the most likely outcome is an injunction against the Cell for the remaining 2 years the patent is valid... assuming the case is resolved within 2 years.

      --
      E pluribus unum
    5. Re:not quite outrageous by Anonymous Coward · · Score: 0

      The US Constitution gives inventors "... the exclusive right to their respective writings and discoveries."

      Not even close. "Section 8. The Congress shall have power" ... "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"

    6. Re:not quite outrageous by dfghjk · · Score: 1

      No, outrageousness comes solely from the prejudice of the author and it is he who has confused morality and legality. There is nothing outrageous about the demands---they are simply for bargaining position.

    7. Re:not quite outrageous by eth1 · · Score: 1

      Not only would Sony have to buy back the consoles, but they'd have to buy back all the games people bought for them. You think anyone's going to give up their console after spending hundreds of dollars on games for it?

      Not only that, but could individuals be forced to sell back consoles in the first place without the company taking individual action against each of them? Heck, if they asked for mine, I might just say "oh... it broke and I tossed it"

    8. Re:not quite outrageous by elrous0 · · Score: 1

      destruction of every infringing device is within their rights

      They can have mine. But they're going to have to get through my cigarettes, confederate flag, gun, and bong first!

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    9. Re:not quite outrageous by 32771 · · Score: 1

      "The US Constitution gives inventors "... the exclusive right to their respective writings and discoveries." If they do win at trial, destruction of every infringing device is within their rights."

      Here is a new line for you guys.

      Ok, but will it be on YouTube?

      --
      Je me souviens.
  19. Transputer? by PipingSnail · · Score: 1

    Does the transputer invalidate this patent as prior art?
    http://en.wikipedia.org/wiki/Transputer

    1. Re:Transputer? by maroberts · · Score: 3, Informative

      I was asking myself the same question.

      Transputers date back to the early/mid-'80s and patents therefore are out of date.

      IIRC, each transputer had its own memory; it didn't share it.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    2. Re:Transputer? by 91degrees · · Score: 1

      Possibly. These patents are sometimes pretty specific, and may well cover a specific design of part of a parallel system not employed by Transputers. Without looking at the patent we can't be sure.

    3. Re:Transputer? by Darth+Cider · · Score: 1

      I recall very detailed plans in Byte Magazine in the 80s for building parallel processing boards. Anyone investigating prior art (under our new patent laws) ought to check out the November 1988 issue. This site lists tables of contents of all the old Bytes Can't remember if the processors shared memory though.

    4. Re:Transputer? by SpeedyRich · · Score: 1

      I think the later-generation transputers were able to use a shared-memory bus, along with a few other interesting features (don't forget, transputer was RISC).

      Definitely prior art. I doubt Sony are bothered at all.

      --
      ## NB: Comment here
    5. Re:Transputer? by zrq · · Score: 1

      No, each Transputer had its own separate memory, and functioned like a standard CPU.

      Quoting from the patent : http://patft.uspto.gov/netacgi/nph-Parser?u=%2Fnet ahtml%2Fsrchnum.htm&Sect1=PTO1&Sect2=HITOFF&p=1&r= 1&l=50&f=G&d=PALL&s1=5056000.PN.&OS=PN/5056000&RS= PN/5056000

      A system built from Transputers could indeed be configured to have

      a plurality of processors, any one of said processors operative as a master processor
      and adding a Transputer link switch to the system could enable

      said master processor including means for generating interconnection switch configuration control signals
      and the Transputer link switch would probably qualify as

      a communication bus for interconnecting each of said processors, for exchange of at least control and synchronization information among each of said processors;
      but a standard Transputer system had separate memory for each CPU, and so wouldn't match

      an interconnection switch coupled to each of said processors and each of said multi-access memory modules, and responsive to said interconnection switch control signals from said master processor, for selectively interconnecting any one or more of said processors with one or more of said multi-access memory modules, and whereby any one of said multi-access memory modules is exclusively interconnected to only one of said processors during any given phase of processing;

      You could build one of these using Transputers by adding some custom hardware, but I don't know of any Transputer systems available at the time that implemented shared memory.

  20. Why did these idiots wait this long? by McNihil · · Score: 1

    I mean common the very notion of the cell processor was highly propagated in the media since 5 seconds of the PS2 launch and that PS3 would be based on a multi processor system.

    These parasites and other that do the same should stop their disruptive business practices and begin working for real.

    1. Re:Why did these idiots wait this long? by Dog-Cow · · Score: 1

      Perhaps you should actually read up on the case before you post. Of course you wouldn't be a the slash-hole you strive to be, but that's a small price to pay.

      The company in question *does* manufacture and sell multi-processor hardware of the type specified in their patents.

    2. Re:Why did these idiots wait this long? by McNihil · · Score: 1

      Still why did they wait so long? Is it maybe because their stuff is over priced and nobody wants it?

      Sorry for being a hard ass but such is life.

  21. Live by the sword... by Anonymous Coward · · Score: 1, Funny

    ... die by the sword.

    unreasonable copyright claims ... unreasonable patent claims.

    tomato ... tomato (hmmm ... that doesn't work very well in writing)

  22. Re:Cray had prior art/implementation a decade earl by Anonymous Coward · · Score: 0

    Oh, wait, defending Sony = BASH.

    Except that the poster wasn't defending sony, he appeared to be claiming that it was sony holding the patents (and suing themselves?)

  23. You don't get it. by LWATCDR · · Score: 4, Insightful

    They don't want to have every PS3 impounded and destroyed. They want MONEY. By pushing for nuclear option they hope Sony will pay them off. They probably know that they don't have a chance to win in court but by making the stakes so high they are hoping that Sony will just give them a few million to go away.
    If they where just asking for damages then Sony would without a doubt go to court and beat this case. So they want to push the risk level to a point that Sony will just offer them a wad of cash to get them out of their hair.
    If they did recall all the PS3 Son would instantly loose not just the console race but it would also kill Blue Ray since the PS3 is the most popular Blue Ray player on the planet.
    My guess is that Sony will smack them down anyway but it is a good gamble.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    1. Re:You don't get it. by Anonymous Coward · · Score: 0

      They want MONEY. By pushing for nuclear option they hope Sony will pay them off. They probably know that they don't have a chance to win in court but by making the stakes so high they are hoping that Sony will just give them a few million to go away. Hmm.. sounds like someone has been moonlighting.
    2. Re:You don't get it. by slughead · · Score: 1

      They don't want to have every PS3 impounded and destroyed. They want MONEY. By pushing for nuclear option they hope Sony will pay them off.

      I think it's more along the lines of making headlines so people will take notice of their crappy company before the suit gets thrown out.

    3. Re:You don't get it. by nikolag · · Score: 1

      My guess is that Sony will smack them down anyway but it is a good gamble. The worst enemy is one that has got no way out. Actually Sony has got only one comparison to do. What cost more: trial or settlement.

      This is just one more demonstration of flaws in US IP laws.
      --
      Doing a good job is like spilling coffee on a dark suit, you feel warm all over, but nobody notices.
    4. Re:You don't get it. by funkatron · · Score: 2, Interesting

      Is it actually possible (legally) to impound and destroy PS3's? Once people buy them aren't they those people property or is there some way to override this?

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    5. Re:You don't get it. by fireboy1919 · · Score: 1

      would instantly loose not just the console race

      I disagree. I think that with the making of the PS1, Sony started the process of loosing the console race. It was then that we knew that there were multiple manufacturers who could compete with Nintendo, and the race was on.

      If this happened it would probably do the opposite - tying the race back down - with everything in the hands of Nintendo again.

      Of course, lawyers loose means everyone will lose at least a little. :)

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    6. Re:You don't get it. by skiingyac · · Score: 1

      Once people buy them aren't they those people property or is there some way to override this?

      Technically you can't use something that is patented without the patent owner's permission. Although I'm sure it would be much easier to block any new games from being sold than to force people to return their PS3, it doesn't really matter... few people will keep their $600 brick when they can get a refund and buy a competing system plus have cash left over.
    7. Re:You don't get it. by jerunamuck · · Score: 1

      Normally, I'd agree that this is just another patent abuse case...

      Given Sony's track record for patent (and copywrite) abuse I'm hoping they loose their shirts over this!

  24. SmashMyPS3 by norminator · · Score: 1, Funny

    This could be good business for the Smash My PS3 folks.

    1. Re:SmashMyPS3 by mgabrys_sf · · Score: 1

      When are they going to do a smashmypuppy? They could go to any petstore in the country and do it. Imagine the eyball clicks for the online ads!

      Be crazy not to do it.

    2. Re:SmashMyPS3 by bilbravo · · Score: 0, Offtopic

      Why is this labeled "Troll"? Why not "Funny"?

  25. Do they know who they are messing with? by macdaddy357 · · Score: 2, Interesting

    I wouldn't be surprised if Sony took out contracts on these clowns, and made them sleep with the fishes.

    --
    How ya like dat?
    1. Re:Do they know who they are messing with? by Anonymous Coward · · Score: 0

      Or at least put them into the new Hitman game for the PS3 as characters?

  26. Why just Sony? by ArcherB · · Score: 1

    The Cell was developed by Sony, IBM and Toshiba. I don't know if IBM or Toshiba are selling any yet, but it doesn't make sense to sue only Sony. Well, unless this is a bullshit lawsuit and this company is hoping for an extremely fat settlement check.

    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    1. Re:Why just Sony? by rbanffy · · Score: 1

      They will sue whoever stands to lose the most. Had IBM or Toshiba bet their future on Cell as Sony's videogame division did, they would also be defendants.

      This is a patent troll and Sony should to the public service to have this case dismissed (or fight an endless line of trolls) and then sue them out of existence.

    2. Re:Why just Sony? by Anonymous Coward · · Score: 0

      I bet you they already made their money. Who do you think would benefit the most from slowing or killing the PS3?

  27. Don't mess with IBM's IP Lawyers by dreamchaser · · Score: 4, Interesting

    IBM holds a lot of the IP that goes into the Cell. They have a very good legal department. This little company may just have bitten off more than they can chew.

    I can see the IBM lawyers now..."Hmmm, interesting. Yes it may be possible that you have something there on this one patent. Let's see..." ruffles through a huge stack of papers in front of him. "However, we've discovered that you're also in violation of these 127 patents of ours. Now, shall we deal?"

    1. Re:Don't mess with IBM's IP Lawyers by OA · · Score: 1, Interesting

      I can see the IBM lawyers now..."Hmmm, interesting. Yes it may be possible that you have something there on this one patent. Let's see..." ruffles through a huge stack of papers in front of him. "However, we've discovered that you're also in violation of these 127 patents of ours. Now, shall we deal?"

      This only works if this company suing Sony has any business activities in this field. Even if they did, the company can stop it and Sony's claim for damage is small one.

      Then if this small company win, it is huge financial damage to Sony. So the company are hoping Sony may negotiate terms. This company is like trrorist taking hostage.

      The only way is to crash the company's IP position using all available legal means including method to induce huge drain of money for this small company. If expense gets too big, this small company will be broke before finishing the case. That is modern big company strategy dealing with these IP terrorists. Nasty, yes. But these IP terrorists are nasty too.

    2. Re:Don't mess with IBM's IP Lawyers by dreamchaser · · Score: 1

      Except that in this case the company suing isn't JUST a patent troll. They actually sell product. Wanna bet IBM can find a few patents they are violating in the thousands of thousands that have come out of Armonk?

    3. Re:Don't mess with IBM's IP Lawyers by MysteriousPreacher · · Score: 1

      Even for a small company, there seems to be little information available on this company - certainly no stock listing, press releases or technical information at all. I assume that they're either a tiny tech company, one that IBM could crush, or they're yet another company making a living by creating patents, with no plans to do anything other than suing people who infringe them. If that's the case, IBM would have to overturn the patent since there's no chance of cross-licencing.

      It's very interesting that there's been no sign of this company on the web until this legal case began.

      --
      -- Using the preview button since 2005
    4. Re:Don't mess with IBM's IP Lawyers by Halo1 · · Score: 2, Interesting

      Obligatory IBM v. Sun.

      --
      Donate free food here
    5. Re:Don't mess with IBM's IP Lawyers by darkmeridian · · Score: 2, Informative

      In its heyday, IBM had a reputation for being a tough patent troll. There is an apocryphal story where IBM blue suits go over to Sun and presents how a Sun product was infringing an IBM patent, and a license would cost only $x million. After the IBM presentation was over, the Sun engineers go up and rip apart the IBM claim charts, and showed that the patents were not infringed.

      The blue suits stand up and say, "Well, we can go back to our vault and find another patent."

      Sun took out a license.

      Moral of the Story: Walking up to IBM and suing them for patent infringement is a dumb idea.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    6. Re:Don't mess with IBM's IP Lawyers by kcbrown · · Score: 1

      This only works if this company suing Sony has any business activities in this field. Even if they did, the company can stop it and Sony's claim for damage is small one.

      I don't understand why/how this is true.

      Patent law explicitly says that you cannot even legally use a patented invention without the consent of the patent holder.

      So it seems to me that any patent holder that wishes to squash a patent troll need only know what the patent troll uses to conduct its business, and can countersue the patent troll for patent violation on that basis.

      Since patents can be selectively enforced in terms of both the target and the time of enforcement, I don't see why patent trolls are at much less risk than anyone else of infringement, and thus a patent lawsuit.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    7. Re:Don't mess with IBM's IP Lawyers by oGMo · · Score: 2, Interesting

      I can see the IBM lawyers now..."Hmmm, interesting. Yes it may be possible that you have something there on this one patent. Let's see..." ruffles through a huge stack of papers in front of him. "However, we've discovered that you're also in violation of these 127 patents of ours. Now, shall we deal?"

      Unfortunately the defensive patent portfolio only works if you're not being sued by a patent-holding firm. If they're not actually doing anything but litigating, chances are they're not violating any patents, I think (IANAL). I'm not sure that's the case here, though.

      --

      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    8. Re:Don't mess with IBM's IP Lawyers by Anonymous Coward · · Score: 0

      Patent trolls aren't at any risk for infringement simply because they typically do NOT produce, sell, or use any of the technologies that they patent.

      The company suing Sony is in a slightly more risky position in that they do apparently produce & license some technologies based on patents they are suing over.

      IF it turns out that there is prior (patented) art for those technologies, and IF the patent holder for those technologies cares to sue, and IF the licensing fees would be substatial or terminating those licenses would cause significant harm to the company, then they may be in some trouble.

      That's a lotta if's though, especially when compared to the financial reward if Sony rolls over...

    9. Re:Don't mess with IBM's IP Lawyers by kcbrown · · Score: 1

      Patent trolls aren't at any risk for infringement simply because they typically do NOT produce, sell, or use any of the technologies that they patent.

      You're kidding, right?

      Patent trolls use computers. They use software. If any software vendor is in violation of a patent, their customers are also in violation by proxy.

      Nobody really goes after end users for patent violations, but there's nothing that I know of that says they can't.

      My point being that while patent trolls aren't as vulnerable to patent infringement litigation as companies which actually produce something, they are still vulnerable.

      Unless I'm missing something fundamental that hasn't been mentioned yet...

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  28. California + Tokyo = Texas? by jedidiah · · Score: 4, Interesting

    What I find a bit odd and perhaps suspicious about this whole thing is the fact that this case is being filed not where this company seems to be located, and not where any Sony offices are located but in TEXAS. Why isn't this being adjudicated in LA or San Diego?

    What do they think the bumpkins in Tyler might gain them?

    It also seems bizarre that they are bringing suit only now. This product has been on sale to the general public for quite awhile. This means that it has been available to developers for ages. Why didn't this get nipped in the bud while the units were still game studio prototypes rather than waiting until Sony made and shipped a million of them?

    --
    A Pirate and a Puritan look the same on a balance sheet.
    1. Re:California + Tokyo = Texas? by Anonymous Coward · · Score: 0

      Patent trolls love the US District Court in Texas because of their more liberal interpretations of patent law.

    2. Re:California + Tokyo = Texas? by Daniel+Dvorkin · · Score: 1

      Apparently there is a particular federal judge in Texas who has a history of being very, very friendly to the plaintiffs in patent cases, so lots of patent troll suits get filed there. I can't remember the guy's name, but I read an article about it not long ago. Basically, his particular court has become the Mecca for bullshit patent claims.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:California + Tokyo = Texas? by jonno317 · · Score: 1

      Well the court they went for has a past of being a favorite for patent lawsuits. The court there has a history of fast-tracking patent suits and making sure that some of the usual stall-tactics in such cases don't fly. Read up more on the court and you'll see that it's not far-fetched at all.

    4. Re:California + Tokyo = Texas? by catbutt · · Score: 3, Informative

      Well it's usually nearby Marshall Texas that patent cases are filed in. They have very patent friendly (and expedient) courts there. http://www.overlawyered.com/2005/01/marshall_texas _patent_central.html

    5. Re:California + Tokyo = Texas? by Crazy+Man+on+Fire · · Score: 1

      Ah, he wonders of the US legal system. When a case is filed, the plaintiff choses where to file. They obviously want to file where they will be most likely to win. I believe that the Texas courts are especially friendly to plaintiffs in this type of case. I don't have any actual links or facts to back this up, but I recall reading or hearing this before.

    6. Re:California + Tokyo = Texas? by krgallagher · · Score: 1
      "What do they think the bumpkins in Tyler might gain them?"

      To quote the movie 'Sweet Home Alabama', "Honey, just cuz I talk slow doesn't mean I'm stupid."

      --

      Insert Generic Sig Here:

    7. Re:California + Tokyo = Texas? by mr_death · · Score: 2, Interesting

      Tyler is a famous federal district where patent holders get better results, on average, at trial.

      Why filing here isn't considered "forum shopping" isn't clear, but then again, I don't live in the same universe as lawyers do.

      --
      It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
    8. Re:California + Tokyo = Texas? by jedidiah · · Score: 1

      That may be true. Dunno about the whole "submarine patent" part of it though. I could see some cracker judge getting mightily annoyed by that part.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:California + Tokyo = Texas? by Kadin2048 · · Score: 4, Informative

      The U.S. District Court for the Eastern District of Texas is well known in patent and IP litigation. It's frequently called the "second rocket docket" (the 4th District, in Virginia, being the original one) because of its rules for discovery, and very firm deadlines during trials. They also have a jury pool that's pretty conservative, arguably biased towards rightsholders, and judges that are receptive towards patent plaintiffs (certainly moreso than the average jury pool in the 9th District, which includes California).

      However some people have speculated that since rolling out the red carpet for patent cases, that they're beginning to become overwhelmed:
      http://www.law.com/jsp/article.jsp?id=110354972899 8

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    10. Re:California + Tokyo = Texas? by Stormcrow309 · · Score: 1

      First off, Sony Computer Entertainment America Inc is a Delaware company by its incorporation. I would be interested in knowing Parallel Processing Corporation's incorporation, which could be Texas. It could be a move for a 'dumber' jury, but is more likely a move for an objective vs. a subjective jury.

      PPC (I love that name) could be referring to the methodology that IBM is using with the cell processor and since the PS3 is the first prevalent cell processor-based product, PPC might have a better case once the product is out. Remember, multiple processors are not new, but the implementation method might be the sticking point. Probably took this long for PPC to take notice, research the methodology, make the decision to sue and get the brief written or as a good strategy for Sony to have its back against the wall. As for the destruction of all infringing products, it is possible to legally to do so and having the worse case scenario as an option is a great way of starting a negotiation. Stating at the start, 'find the right number of zeros or we will make you buy all these systems back and destroy them. The on-the-bubble equation would be cost_of_settlement = cost_of_buyback + cost_of_lost_customer_good_will.

      Of course, PPC might not really give a golly-gee-wiz about a payout and just wants people not to infringe on their product. A company with that mindset might just want to have all infringing product destroyed which will put Sony in a bad place if PPC wins.

      --

      In God we trust, all others require data.

    11. Re:California + Tokyo = Texas? by alexhs · · Score: 1

      I also found odd that that "Parallel Processing Corp." is nowhere to be found on the web (except related to this lawsuit). I did some research in this other post.

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    12. Re:California + Tokyo = Texas? by bryguy5 · · Score: 2, Interesting

      I live in Tyler and yes there is a larger than average percentage of bumkins around here.

      I can also attest that there is no interest in Intellectual Property Rights as mentioning IP is a great conversation stopper (as opposed more interesting topics such as hunting, fishing, trucks, or weather).

      But the real reason has to do with the expidited and cheap legal process set up in neighboring Marshall, TX (frequently and well covered in slashdot) that gives patent trolls the most bang for their buck.

      The plantiff can raise suit anywhere Sony sells their PSP's so naturally they don't want to do it on Sony's home turf.

    13. Re:California + Tokyo = Texas? by Phorum · · Score: 1

      ...and they're beginning to get fed up with nuisance lawsuits like this one *could* be. In fact the chosen location is the only thing that seems to me to be indicative that they've got a legitimate infringement. Indicative of that, or of bad lawyering.

    14. Re:California + Tokyo = Texas? by Anonymous Coward · · Score: 0

      You're wondering why they've only brought suit now, and not before when the ps3 was first revealed? Isn't it obvious?

      Money. There's no money in stopping the ps3 from coming out, but there's LOTS of money in getting paid some amount for every one that's been sold so far.

      Patents are ridiculous.

    15. Re:California + Tokyo = Texas? by darkmeridian · · Score: 1

      The Eastern District of Texas not only has a rocket docket, but also Local Patent Rules. These rules combine to place huge discovery obligations. Patent plaintiffs love to sue there because Tyler residents make up the jury pool are rich from oil rights, and oil royalties. They love their abstract property rights. (A sitting judge on the E.D. Tex. said this two months ago, so don't shoot the messenger.) The discovery obligations also allow for a lot of fishing expeditions. The judge basically forces the parties to settle by refusing to deal with discovery disputes or threatening to make draconian decisions if he has to rule on them. Failures to comply with discovery can lose the case for you in Texas. A judge recently threw out an alleged infringer's defense because the lawyers forgot to disclose a testing document.

      All these factors mean that most cases that go to verdict are for the plaintiffs. Most people settle because it's better to choose your own poison than to have a judge and jury who know nothing about technology or the patent law decide the fate of your company.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    16. Re:California + Tokyo = Texas? by fishbowl · · Score: 1

      >Tyler residents make up the jury pool are rich

      You've never actually been to Tyler TX, have you?

      --
      -fb Everything not expressly forbidden is now mandatory.
    17. Re:California + Tokyo = Texas? by jedidiah · · Score: 1

      Tort lawyers in Texas select for that very thing.

      Tort reformer in Texas select for that very thing too.

      Odd sort of symmetry there I didn't pick up on before...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    18. Re:California + Tokyo = Texas? by jedidiah · · Score: 1

      I am not surprised that Sony is incorporated in Delaware. It still doesn't alter the fact that the probably don't have any real presence there like most Delaware corporations. Although a suit in Delaware would at least make sense.

      I was primarily speaking to physical locations and not incorporation.

      The original title reflects where the actual (R&D) work is done.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    19. Re:California + Tokyo = Texas? by jedidiah · · Score: 1

      Nevermind having been to Tyler.

      Who in their right mind would dinker around with sitting on juries if they are rich from Oil money?

      As anywhere else, the jury pool is filled with people who couldn't get out of it somehow. Anyone with half a brain is eliminated at vor dire. Anyone with an opinion is similarly eliminated.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    20. Re:California + Tokyo = Texas? by elrous0 · · Score: 1

      interesting topics such as hunting, fishing, trucks, or weather

      What, those Tyler types are too good to talk about NASCAR?!?!?! They must be yankeefied!!

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    21. Re:California + Tokyo = Texas? by darkmeridian · · Score: 1

      The town is rundown and the best hotel in town is a Holiday Inn Express.

      But compared to the rest of the division, Tyler is apparently the richest. That's what the judge said. The other districts can't do patent law because they're too busy with immigration and criminal cases.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    22. Re:California + Tokyo = Texas? by fishbowl · · Score: 1

      The last time I got called for jury duty, I was really hoping I'd get picked while being honest.

      I got pretty far in the process, and then the question was "Is anyone on this panel a member of NORML?"

      I pulled out my membership card and held it up.

      If there is no objection from counsel, Juror number 8, you are excused from this jury. No objection your honor.

      My guess is, a card-carrying member of NORML will never be placed on a jury, even for a trial that's not a drug case.

      The funny thing was, this *was* a drug case, a blatant high-volume hard drug smuggling case, and I think the guy was guilty as hell, and would have said so.

      --
      -fb Everything not expressly forbidden is now mandatory.
  29. Re:Cray had prior art/implementation a decade earl by Epi-man · · Score: 3, Informative

    What are Sony's lawyers going to patent next - using MPP (multiple parallel painters) to paint a house?


    At least read the headline and figure out who's holding the patents.
  30. Concept by jshriverWVU · · Score: 2, Insightful
    After reading the patent the one thing that popped in my mind that is "similar" to the Cell concept is the idea of having 1 master node CPU to help direct the remaining CPU's.

    While most dual/quad systems, the program or OS itself takes care the threading. With Cell and apparently this patent the master CPU helps take care of that. Still not a very patent. As the concept of a master node and slaves nodes for parallel processing has been around for decades. Just those tend to be 1 computer acting as a master with other slave "computer" nodes. Just in this patents case they're replacing "computer" with "CPU"

    Personally I hope Sony wins.

  31. hmmm. by apodyopsis · · Score: 4, Insightful

    from TFA "Parallel Processing said that Sony's alleged actions have caused "irreparable harm and monetary damage" to the company.".

    Oh, Really?

    Did they mean to say "Parallel Processing said that Sony's alleged actions have caused an opportunity to turn a fairly wide ranging patent that is useless on its own into some solid income via legal means.".

    So they waited to see if the console was selling then hit them with a law suit so Sony would be more inclined to settle quick?

    I am getting quite sick of IP trolls and patents that are so broadly phrased that they cover anything from toothpaste to nuclear physics. (disclaimer, I have not read the patent yet - but I am assuming that Sony carried out patent searches before building the Cell). And on that subject - why is the suite against Sony in particular not against the other members of the consortium that developed the Cell.

    I hope Sony sees them in court instead of folding.

    1. Re:hmmm. by codegen · · Score: 1

      I am assuming that Sony carried out patent searches before building the Cell

      Due to the current patent law in the US, the current practice is not to cary out patent searches in most of the high tech world. If the plaintiff can prove you have knowledge of the patent then it becomes willful infringement which triples the damages. As a result, most development firms have strict policies not to do any patent searches.

      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
  32. Well let's pick it apart. by Aladrin · · Score: 4, Informative

    1 - "a plurality of multi-access memory modules;"

    The PS3 does apparently use 4 RAM chips, but they don't appear to be multi-access. Elpida makes them, and I couldn't find ANY of their offerings that were 'multi-access'.

    2 - "2. The apparatus of claim 1 wherein the number of processors is equal to the number of multi-access memory modules."

    Ouch, pretty sure there's 7 cores to that Cell processor, and NOT 7 RAM chips. (There's 4.)

    6 - "including a plurality of multi-access memory modules,"

    Too bad, guys, you lost your lawsuit before you started. The others are all based on 1 or 6, and losing both of those kills the whole thing for sure.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    1. Re:Well let's pick it apart. by TheRaven64 · · Score: 3, Informative

      The PS3 does apparently use 4 RAM chips, but they don't appear to be multi-access. Elpida makes them, and I couldn't find ANY of their offerings that were 'multi-access'. This is not about the PS3, it's about the Cell found in the PS3. The local memory of each SPU is multi-access; it can be accessed by the SPU itself and the DMA engines responsible for SPU to SPU transfer and SPU to or from main memory transfer.

      Ouch, pretty sure there's 7 cores to that Cell processor, and NOT 7 RAM chips. (There's 4.) Each SPU has 256KB of local memory. The number of SPUs is equal to the number of SPU-local memory modules.

      The claims you have listed all apply to the Cell. I haven't read the patent, so I don't know about the others.

      --
      I am TheRaven on Soylent News
    2. Re:Well let's pick it apart. by Ewasx · · Score: 1


      With "memory module" they are not referring to separate chips, they are referring to the on-chip local memory that each cell core has.

    3. Re:Well let's pick it apart. by Aladrin · · Score: 1

      There's 1 more piece of interest, then.

      "each of said processors further including local memory, whereby one or more of said processors processes data in its local memory before, after, and during a phase of processing;"

      Yes, further including the local memory, which means it is NOT the multi-access memory they are stating.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    4. Re:Well let's pick it apart. by seebs · · Score: 1

      You're misunderstanding; they are presumably talking about the Local Store aspect of each SPE there. Each SPE has a chunk of local storage associated with it, which others can access through DMA.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    5. Re:Well let's pick it apart. by Mordaximus · · Score: 1

      This is not about the PS3, it's about the Cell found in the PS3.

      Were that the case shouldn't they be suing IBM?

    6. Re:Well let's pick it apart. by adisakp · · Score: 1

      While each SPU has local memory, it is not multi-access. Nothing externally is allowed to read directly from it. The DMA engine is incorporated into the SPU and has the ability to externally communicate but all access to the local memory is... well... local. The memory is single-ported and DMA shares bandwith on the single internal bus to local memory with SPU IFetch and Data Accesses.

    7. Re:Well let's pick it apart. by Pete+Brubaker · · Score: 1

      Yeah, great, but they aren't shared. Software running on the SPU or the PPU has to DMA data into the local store. It's not multi-access either.

      The PPU also does not automatically control the SPUs. You have to write software to split up the tasks running on the SPUs.

      Oh, and actually there are 8 SPU cores, and 1 PPU core on the chip. 1 SPU core is disabled to get higher yields.

      --
      What's a sig? Pete Brubaker
  33. No infringement here. by Ihlosi · · Score: 1
    It describes a high-speed computer that breaks down a program 'into smaller concurrent processes running in different parallel processors' and resynchronizes the program for faster processing times ..



    Anyone can see that the Cell processor does not infringe this claim. If the computer did the breaking down thingie, then the Cell processor wouldn't be such a pain to program.

    1. Re:No infringement here. by Aladrin · · Score: 1

      That's the idiot-speak, not the actual claim. It bears only superficial resemblance to the claim, which is also just as invalid, but for other reasons.

      Nowhere in the actual claim does it state that the computer does the breaking, only that 'partition'ed programs can be run in parallel and gives a graphic of this. And it only says this in the background info, not the description of the claim.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  34. Re:Cray had prior art/implementation a decade earl by m0nkyman · · Score: 1

    Not Sony's lawyers... go back and read the summary at the very least.

    --
    ~ a low user id is no indication I have a clue what I'm talking about.
  35. Why did they sit on this for all those years... by bomanbot · · Score: 1

    ...and did nothing? I mean that patent sounds so disturbingly vague that surely a lot of massively parallel architectures could potentially be sued by this? Like, nearly every supercomputer and workstation processor architecture of the last decade? You know, the whole superscalar thing?

    Not to mention the Playstation 2 with the two vector units of what the Cell is sort of spiritual sucessor to...

  36. What? by thebonafortuna · · Score: 1

    Aren't Toshiba and IBM equally responsible for development and distribution of the cell processor?

    Does this lawsuit sound really, really absurd to anyone else? It doesn't sound like the plaintiff specified how the thing was going to be built, simply that something along the lines of what the Cell Processor does would be built.

    Who knows? Maybe they read Slashdot, and figured now would be the perfect time to jump on the f*ck Sony bandwagon? Ha ha.

  37. I am no fan of Sony, but... by Bullfish · · Score: 3, Insightful

    I think we have to acknowledge once and for all that for too many companies the purpose of a patent is to hide in a blind and wait for someone who has brains to make a go of something similar enough and resources to sue rather than make a product of their own.

    It is sheer parasitism.

  38. And in other news.... by FlyingHuck · · Score: 1

    Auto giant Ford Motor Company filed patent infringement suits against GM and Chrysler for their use of the round steering device, commonly known as the 'steering wheel', in their vehicles. The suit demands an immediate recall of all vehicles in question. Motorcycle legend Harley Davidson is also suing Indian, Enfield, Yamaha, Honda, Suzuki, and Kawasaki for patent infringements on the handlebar and the belt rear-drive system.

    1. Re:And in other news.... by Anonymous Coward · · Score: 0

      Luckily Yamaha, Honda, Suzuki or Kawasaki use either chain or shaft final drives. Belts are reserved for those POS slower-than-moleasses-but-annoyingly-loud-and-oil- leaking-by-the-pint Hardly Ableson's.

    2. Re:And in other news.... by Anonymous Coward · · Score: 0

      *Starts the patent application for the wheel, so he can sue them all!*

    3. Re:And in other news.... by Anonymous Coward · · Score: 0

      I believe if you look at all their lineups... the vast majority of metric sport bikes are chain drive. Amongst the cruisers, there are SEVERAL bikes that use belt drive. Yes, the Japanese have a tendency to use shaft, but in some applications a belt drive is very nice. With modern steel reinforced belts, there really is no worry of sudden failure like in the early days of belts, and there is a considerable vibration dampening quality to them, allowing for a very nice ride.

      I ride on a shaft drive, I love it, but I've also ridden several metric cruisers with belts. Each has its advantages.

  39. Irreparable Harm by MadEE · · Score: 1

    Lets just assume for one second that the patent is valid and rock solid. It seems quite silly to me that they are claiming irreparable harm. The design on the processor is pushing 6 years now and it's been in production over 2 years and it wasn't as if it was quietly dropped onto the market. These people have a responsibility to mitigate their damages.

    How the heck is being utterly unreasonable supposed to help their case? It's one thing to start kicking and screaming 2 years after a product has been released saying it will somehow cause so much harm to your company it takes you 2 years to actually try to stop it. It's another thing entirely to within the tyrant demand the impossible. Pissing people off makes people more, not less likely to fight.

    1. Re:Irreparable Harm by jdgeorge · · Score: 1

      How the heck is being utterly unreasonable supposed to help their case?

      Fair question. If you think about it, they aren't going to alienate Sony by their irrational demands; they are already filing a lawsuit, which is enough to alienate just about anybody.

      It's much more desirable to negotiate down from "give me the moon, and throw yourself on your own sword" to some reasonable compensation than to attempt a more rational-sounding "pay me $5 million, and ten cents per unit henceforth" approach which would get laughed off and negotiated down to $50 and a cup of coffee by Sony.

      Do they have a valid claim? Time will tell. However, if their claim is valid, they certainly don't want to end up with nobody using their technology, as that would kill their opportunity for ongoing licensing income.

    2. Re:Irreparable Harm by MadEE · · Score: 0, Redundant

      Fair question. If you think about it, they aren't going to alienate Sony by their irrational demands; they are already filing a lawsuit, which is enough to alienate just about anybody. Lawsuits happen most businesses accept this fact and move on, simply getting sued is not something that most businesses take personally. Suing for unreasonable demands and publicizing the suit likely will. It's much more desirable to negotiate down from "give me the moon, and throw yourself on your own sword" to some reasonable compensation than to attempt a more rational-sounding "pay me $5 million, and ten cents per unit henceforth" approach which would get laughed off and negotiated down to $50 and a cup of coffee by Sony. Perhaps for the lawyer paid by the hour. Most lawyers don't go into these things blind, they have a good idea of their chances and how much litigation is going to cost and the trade-off point for settling. The ask for the sky strategy only drags things out and increases your costs paying lawyers to bounce offers off each other. The only time outrageous claims would be a positive is if they places a trade-off far higher then you expect and come back with a counter offer far higher then you really wanted. That virtually never happens and usually starting with a high but reasonable offer would yield similar results. Regardless it's fine an good (but may not be smart) to ask for the moon when negotiating outside of court. This ceased being negotiation when they filed a lawsuit. The lawyers will need to present this to a judge with a straight face and have quite real possibility of pissing of a judge or jury with the absurdity of damanges. It's a bad strategy all around.

  40. Not like the Immersion rumble case by tepples · · Score: 2, Informative

    Parallel Processing receives an undisclosed amount of cash from MS. You mean like in the Immersion case, where Microsoft settled and licensed the methods and Nintendo turned out to have been licensing it all along? This case appears very different. Unlike the traditional 3-core symmetric multiprocessor in the Xbox 360, the Cell CPU is a 1-core CPU connected to several programmable DSPs, each of which has its own address space. This asymmetric NUMA scheme is what the first claim of the patent appears to describe.
  41. Re:Cray had prior art/implementation a decade earl by Anonymous Coward · · Score: 0

    That would be "who was suing whom".

  42. Laches by tepples · · Score: 1

    Isn't there some sort of limit to just patenting stuff and then holding it for years before you do anything? Yes: 20 years after filing, or 6 years after the assignee becomes aware of infringing activity, or less if the alleged infringer can prove "prejudicial delay" (that is, the patent holder waited to take action on purpose in order to harm the alleged infringer). Would a judge likely find that the delay between the publication of the Cell architecture white papers and the filing of the lawsuit is long enough to be prejudicial?
    1. Re:Laches by Gravatron · · Score: 1

      If it's 6 years after they became aware of infringement, couldn't sony use the Emotion Engine, which also used vectors to co-process, as proof that more than that time has gone by and the company said nothing?

  43. hahahhahahah by GodCandy · · Score: 0, Redundant

    What... There claiming they have a patent on parallel processing. I think they should have already gone after several other companies too... Don't most modern graphics cards use parallel processing backed by on board memory to achieve the frame rates they currently have. This also sounds a lot like "hyper threading" or "multi core" but what do I know.

    I guess they have a case. Maybe I should sue Bill Gates because he wrote an os that makes my computer blue screen daily. I don't see my case making it but I can try none the less.

    I guess there success may not be won in the court room but has already been achieved in the media spotlight. We will see how far it goes. I hope this doesn't turn into another SCO vs. IBM thing.

  44. irreparable harm and monetary damage by j00r0m4nc3r · · Score: 1

    On the contrary. If they win their lawsuit, then Sony will have done irreparable monetary benefit to the company ;)

  45. Re:Cray had prior art/implementation a decade earl by sjf · · Score: 4, Funny

    More to the point, can we ensure that those who modded this up never get mod points again ?

  46. copyright infringement? by jadin · · Score: 1

    It's not perfect but maybe IPM could be sued for copyright infringement...

    International Parallel Machines Inc. v. International Business Machines Co.

    Probably not illegal, but it sure is fishy.

    1. Re:copyright infringement? by RyanJBlack · · Score: 1

      I think you mean trade-mark infringement or passing off... I guess it would depend on whether their logo was similar, or whether people would be confused. I think that, outside of the IBM context, "International" "Business" and "Machines" are all fairly generic words, and there must be hundreds if not thousands of companies that use those words in varying degrees. International Parallel Machines is probably distinctive enough, but IPM, being one "hump" from IBM, might be infringing. Who knows?

    2. Re:copyright infringement? by borgheron · · Score: 1

      Trademark infringment would only come into play if it were possible for people to confuse one for the other, which I really don't think that they can. IPM and IBM are different enough to be distiguished by the average consumer.

      GJC

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
  47. Others create the cell too... by Anonymous Coward · · Score: 0

    Something smells fishy...
    Why are they only targeting Sony in the lawsuit?
    Development of the Cell was a joint effort of several companies.
    IBM uses Cell in servers.
    Others use the Cell as a graphics processor for next generation televisions.
    Microsoft XBox360 has a CPU similar to the Cell (created by the same team as Cell at IBM).

    Why just Sony and why now?

  48. having read the claims... by PatentMagus · · Score: 2, Insightful

    Recall that the claims define the patented invention. Always start reading at the claims, then look to the specification to determine what the claims mean (if necessary). Reading the abstract or specification gives little clue to what is actually patented.

    So, I read the claims.

    The only semi-unique thing there are the synchronization signals combined with standard MIMD architecture circa 1989. Yes, the transputer predates this patent and is likely to void it. There was a lot of other parallel 'puter research in the mid 80s including hyper cubes and other interconnection schemes. This is when "threading" was introduced into unix (versus the heavier process level stuff). They all used signals to report back that they were done, dead, or ready. The old math coprocessors in IBM PCs might be prior art.

    Sony can get this patent tossed, but is more likely to throw the plaintiff a settlement to make it go away. Patent litigation is very expensive. It's often cheaper to just settle.

    Why wait so long? The patent is almost expired! gotta use it before it's gone. Also, how much of the engineering level prior art still exists?

    Why ask for every infringing device to be impounded/destoryed? Why not? It's within the law to seek that remedy even if it can't be reasonably performed. Since it can't be performed, they'll take money.

    Oh yeah, the "impound 'em all" and "irreparable harm" stuff is boiler plate.

    --
    I am a lawyer, but not yours. Anything I tell you might be a total lie intended to benefit my clients at your expense.
  49. Didn't Cray Invent all This? by tjstork · · Score: 1

    SIMD / MIMD are about powerful vector processing, and I thought Cray was building this stuff a long time before anyone else was. I chalk this up as, yet another reason to get rid of patents altogether.

    --
    This is my sig.
    1. Re:Didn't Cray Invent all This? by cbreaker · · Score: 1

      Well, I don't know. I think Software patents are ridiculous for what they're applied to, but ridding the country of them completely could backfire severely.

      You could have companies like IBM and Intel deploying spies in every start-up company that exists, and steal everyone's ideas, with no repercussions. It could severely stifle new invention and creativity, because.. "why bother trying? Intel will steal it and sell it anyways."

      However, patents as they exist today are severely broken. There has to be a better way. But getting rid of all controls sounds like a bad idea.

      --
      - It's not the Macs I hate. It's Digg users. -
  50. Just try it! by Brett+Buck · · Score: 2, Funny

    They can have my PS3 when they pry it from my cold, dead, hands!

    1. Re:Just try it! by AHumbleOpinion · · Score: 1

      They can have my PS3 when they pry it from my cold, dead, hands!

      Really? Consider that if they win there will never be another PS3 game, you would not accept Sony's refund and return it? It's not like the government is banning private ownership of games console. Or that most of the PS3 games under development would not get ported to some other system.

    2. Re:Just try it! by ajs318 · · Score: 1

      It's bound to be worth something on eBay one day .....

      --
      Je fume. Tu fumes. Nous fûmes!
    3. Re:Just try it! by tb()ne · · Score: 1

      Really? If they win, would the law forbid Sony or other developers from creating games for the existing consoles? If Sony really thought they could lose the case, they'd probably either negotiate a settlement or start re-engineering the console to avoid the supposed patent infringement while maintaining software compatibility. The litigation could take years to be resolved anyway. I doubt current PS3 owners have anything to worry about from this.

    4. Re:Just try it! by ji777 · · Score: 1

      However, it is a very nice system for PS2 games that makes them look pretty on current generation TV displays. Does an 'okay' job serving PC-based media, too. I use my system a lot... and I don't own any PS3 games (yet, anyway. Some in the near future look interesting).

    5. Re:Just try it! by AHumbleOpinion · · Score: 1

      Really? If they win, would the law forbid Sony or other developers from creating games for the existing consoles?

      If the PS/3 were pulled from the market developers would drop it. All their calculations that justify their current projects expect the PS/3 to be selling and increasing the number of potential customers for years.

    6. Re:Just try it! by tb()ne · · Score: 1

      If the PS/3 were pulled from the market developers would drop it. All their calculations that justify their current projects expect the PS/3 to be selling and increasing the number of potential customers for years.

      I agree completely. But that's IF it gets pulled from the market. My comment was in response to your previous post that stated

      ...Consider that if they win there will never be another PS3 game...

      PP winning the suit does not mean that the PS3 will be pulled from the market (for reasons stated in the part of my post you did not quote).

    7. Re:Just try it! by Brett+Buck · · Score: 1

      Geez, I guess I better learn how to use smilies...

    8. Re:Just try it! by AHumbleOpinion · · Score: 1

      Yeah, I got the reference, but the joke was a poor fit. Hence the remarks about consoles not being outlawed, etc. Also, although it is a joke, it does reflect a knee jerk sentiment many have.

    9. Re:Just try it! by RockWolf · · Score: 1
      Your proposition is acceptable.

      ~Sony.
      /Terminator

      --
      February 9th, 2009 8:55pm: Slashdot becomes self-aware.
  51. submarine patent by PatentMagus · · Score: 2, Informative

    Putting a patent away until widely infringed is not a submarine patent. A submarine patent is produced via continuation practice. Continuations, divisions, and continuations in part are available while an application is being processed. Processing ends with issuance, abandonment, ... Under the old rules, a new app could be filed with an extremely old priority date. It's a bit harder now.

    --
    I am a lawyer, but not yours. Anything I tell you might be a total lie intended to benefit my clients at your expense.
  52. What the hell are they talking about? by nukem996 · · Score: 1

    First off the Cell was created as a collaboration project between IBM, Sony, and Toshiba so Sony isn't the one that should be used. Second the Cell does not use shared memory at all. The Cell on the PS3 is split into 10 cores, two PPC cores(called the PPU) have 256MB of memory in the same way a multicore Intel or AMD system shares the total amount of between all of there cores. The Cell cores(called the SPE) each have there own 256kb memory to them selves. The reason the Cell processor is just a pain in the ass to code for is because of transferring memory to and from the SPE. This is just another SCO grabbing for money because they know there going out of business.

    1. Re:What the hell are they talking about? by rockypg · · Score: 1
      The Cell on the PS3 is split into 10 cores

      Nine cores not ten. 8 SPEs and just one PPE. The PPE is two-way hardware multi-threaded, but is just one physical core.

  53. Re:Cray had prior art/implementation a decade earl by bcattwoo · · Score: 1

    I disagree parent is offtopic. Other than the "What are Sony's lawyers going to patent next" the rest of the information is actually relevent. Seeing as sony is being sued over a multiprocessor, a citation of previous work is actually very important information. I think xmas just got confused who was suing who. But simply saying "multiprocessor computers existed before 1991" is useless. We all knew that. Plus, the patent is for a specific implementation of multiprocessing. The GPP is akin to saying prior art exists for all medications because people have been popping pills for centuries.
  54. Voluntarily accept refund ... no more games. by AHumbleOpinion · · Score: 1

    As far as I'm aware, there's no patent police to come kick down my door and take my PS3, so what exactly do they expect to happen if they win? Do you really think people are going to volunteer to have their PS3 destroyed because you patented the computer processing version of the assembly line?

    You will voluntarily accept Sony's refund. Why? Because that $500+ console will never see another new game. Development of PS3 games will stop if the PS3 is pulled from the market. Developers will probably be filing law suits to recoup their expenses to date.

    1. Re:Voluntarily accept refund ... no more games. by TooMuchToDo · · Score: 1

      But what happens when they come for my IBM BladeCenter Chassis filled with blades utilizing the cell processor? I'm an end user, and it'll be a cold day in hell before we give them up.

    2. Re:Voluntarily accept refund ... no more games. by Gravatron · · Score: 1

      People still own/buy dreamcasts/ps1/anything prior to this gen despite not having new games produced.
      By the time this lawsuit, if it happens, is complete, there will be a ton of systems and games out there. I can't see giving up my catalog of games and accessories just because there may be nothing new out there. Even if the ps3 died this spring, there would still be 20 something games I can see myself owning.

    3. Re:Voluntarily accept refund ... no more games. by Anonymous Coward · · Score: 0

      You'd better hope IBM licenses the relevant patents. Or license the patent yourself (you might want to sue IBM for the cost of licensing the patents). Or just keep the machine. But you can be sued if you use the machine without licensing the patent.

  55. totally different architecture model by Anonymous Coward · · Score: 0

    According to the patent the master node could be any of the parallel processing units in this patent. This is unlike the Cell processor in which the PPE is the de-facto master of the remaining SPEs. The patent claim says "wherein any one of said processors is operative as a master processor."

    The other major difference is that the Cell processor requires the PPE to control the SPEs in a master-slave fashion: "the SPEs are not fully autonomous and require the PPE to initiate them before they can do any useful work. (from wikipedia)"

    According to the patent claim "Each processor has its own local memory and local input/output capabilities, and therefore can act as an independent computer."

    So yeah, the patent claim is a whole lot of hogwash.

  56. Broken System by Joebert · · Score: 1

    A company who has failed to do anything noteworthy with patented technology in 16 years doesn't deserve to have the patent.

    Patents were designed to prevent companies like Microsoft from throwing their weight around & puting others out of business, not to give people who don't want to work a way to benefit from another companies work.

    Has anyone ever even heard of this company, or anything they've done ?

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    1. Re:Broken System by tfiedler · · Score: 1

      Companies like Microsoft? Seems you too young or stupid to understand that patents existed long before Microsoft or any other similar technology company. It's one thing to dislike a particular companies business model, another to randomly interject unrelated garbage. Go back to your room, your parents need you to clean it.

      --
      Democrats and Republicans are like AIDS and Cancer, I want neither!
  57. Re:Cray had prior art/implementation a decade earl by Anonymous Coward · · Score: 0

    Language evolves as people use it. Live with it. Several college-level grammar texts are beginning to cite 'whom' as an outdated usage.

  58. Lose Their Patent! by Nom+du+Keyboard · · Score: 1
    Unless they have a competing unit in production, or are already collecting license fees from companies that have competing units in production, they should lose this patent!

    They didn't do any of the development work that IBM, Sony, and (IIRC) Toshiba did to bring the Cell processor to fruition. They're not being harmed competitively by it since they have no apparent product harmed by it. I feel, given that the whole patent process is intended to benefit society, that if you're not using it, you simply lose it! No more just sitting on submarine patents, waiting for someone to trip across them.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Lose Their Patent! by AHumbleOpinion · · Score: 1

      They're not being harmed competitively by it since they have no apparent product harmed by it.

      The harm is that their patented technology was not licensed. The US constitution grants an exclusive right for a limited amount of time.

    2. Re:Lose Their Patent! by Nom+du+Keyboard · · Score: 1
      The US constitution grants an exclusive right for a limited amount of time.

      Yes it does. And it does that to encourage the development and sale of the patented item for the improvement of society overall. People who don't use their patents in this manner should lose them, because they're holding up the benefits to society in an attempt to profit handsomely from it, rather than being out there selling it to benefit society.

      Impound and destroy all PS3's -- indeed.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    3. Re:Lose Their Patent! by AHumbleOpinion · · Score: 1

      "The US constitution grants an exclusive right for a limited amount of time."

      Yes it does. And it does that to encourage the development and sale of the patented item for the improvement of society overall ...


      However the manufacture and sale of a product does not need to be by the inventor. The framers of the constitution understood that an inventor may not have the resources to bring something to market, this was probably more true in their day than ours, hence the licensing of rights to patented technology to someone who does have the necessary resources.

      ... People who don't use their patents in this manner should lose them, because they're holding up the benefits to society in an attempt to profit handsomely from it, rather than being out there selling it to benefit society.

      You do realize that the company in question does ship products?

    4. Re:Lose Their Patent! by the_greywolf · · Score: 1

      Yes it does. And it does that to encourage the development and sale of the patented item for the improvement of society overall ...

      However the manufacture and sale of a product does not need to be by the inventor. The framers of the constitution understood that an inventor may not have the resources to bring something to market, this was probably more true in their day than ours, hence the licensing of rights to patented technology to someone who does have the necessary resources.

      Quoth the OP:

      Unless they have a competing unit in production, or are already collecting license fees from companies that have competing units in production, they should lose this patent!

      Emphasis mine.

      --
      grey wolf
      LET FORTRAN DIE!
  59. Missing the opportune time? by LoudMusic · · Score: 1

    Isn't there a point at which a patent can no longer be defended? Shouldn't these people have brought this up three years ago when the media hype for the Cell processor began? It seems to me that if you let someone talk about a product for years, then manufacture it and sell it for nearly a year before you decide to tell them they owe you money you've sort of missed out. Tough titty, you snooze you loose.

    Game on, Sony. (more games! lower price!)

    --
    No sig for you. YOU GET NO SIG!
  60. I have a completely fair solution. by seebs · · Score: 2, Funny

    How about this: Let's just award them the full profits Sony's realized from the PS3 up through the date of the lawsuit.

    Every penny.

    I think this would be an eminently fair solution, and I'm confident Sony would accept it.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    1. Re:I have a completely fair solution. by borgheron · · Score: 1

      How about not paying them a goddamn dime for technology they:

      1) Didn't invent and
      2) Sat on like most patent trolls do these days

      A professor of mine at UMCP was working on ways to dynamically break up programs for parallel processing machines prior to the submission of thier patent.

      Please...

      GJC

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
    2. Re:I have a completely fair solution. by seebs · · Score: 1

      Re-read my post.

      Ask yourself exactly what Sony's net profits on the PS3 are right now.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    3. Re:I have a completely fair solution. by ivan256 · · Score: 1

      On the whole since launch it's certainly negative, but you might be surprised as to the answer on an individual unit sold now.

    4. Re:I have a completely fair solution. by seebs · · Score: 1

      Could be. I suspect that they're still losing money on them, but it's hard to tell.

      Still, I think the lawsuit people would love to receive the negative several billion dollars Sony's made on the PS3 so far.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    5. Re:I have a completely fair solution. by strcpy(NULL,... · · Score: 1

      I'd love to get that kind of money. I could buy a negative brand-new sports car, a negative nice house..

      Heh, I could even lose a girlfriend with that kind of money.

      --
      echo 'cat sig | sh' > sig
  61. "Irreparable harm" by 91degrees · · Score: 1

    This term is overused considerably in law. The "harm" is that it's cost them money. Seems like there's actually quite an easy fix; Money should do it.

  62. Term of the patent by Anonymous Coward · · Score: 0

    Dont'know much about patent but it seems to me that the exclusive rights are granted only for 20 years...
    "The patent, 'Synchronized Parallel Processing with Shared Memory' was issued in October 1991"...

    1. Re:Term of the patent by Anonymous Coward · · Score: 0

      Then the patent would be protected until October 2011. We are well within the 20 year window.

    2. Re:Term of the patent by Anonymous Coward · · Score: 0

      Math hard....

    3. Re:Term of the patent by rdean400 · · Score: 1

      It's 20 years from the date of application. It would expire in October 2008.

  63. Re:They want them destroyed... by Anonymous Coward · · Score: 0

    I predict that within 100 years, consoles will be twice as powerful, 10,000 times larger, and so expensive that only the five richest kings of Europe will own them.

  64. Re:Cray had prior art/implementation a decade earl by Stefanwulf · · Score: 2, Funny

    If only there were some way of modding the modders...it'd be like moderation, only meta.

  65. "Impounding and destorying" by nurb432 · · Score: 4, Funny

    One rule of suits: Demand the moon, negotiate for the sky, but be willing to accept the ground.

    --
    ---- Booth was a patriot ----
  66. "Noteworthy" is not something you have heard of by AHumbleOpinion · · Score: 1

    A company who has failed to do anything noteworthy with patented technology in 16 years doesn't deserve to have the patent ... Has anyone ever even heard of this company, or anything they've done ?

    You hearing about it would hardly be necessary for something to be noteworthy. Shall we check to see how nobel prize topics you have heard about?

  67. Re:Cray had prior art/implementation a decade earl by bugnuts · · Score: 1

    Don't worry dude. I have trouble rooting for Sony, too, considering all the crap they've pulled.

    It broke my brain, and clearly broke yours.

  68. Sony's response: by Shadow+Wrought · · Score: 2, Funny
    every infringing chip (and console) be 'impounded and destroyed'.

    Fine. But we're not helping you find either of the two we sold.

    --
    If brevity is the soul of wit, then how does one explain Twitter?
  69. Re:Irreparable Harm (properly formatted) by MadEE · · Score: 2, Informative

    Fair question. If you think about it, they aren't going to alienate Sony by their irrational demands; they are already filing a lawsuit, which is enough to alienate just about anybody.

    Lawsuits happen most businesses accept this fact and move on, simply getting sued is not something that most businesses take personally. Suing for unreasonable demands and publicizing the suit likely will.

    It's much more desirable to negotiate down from "give me the moon, and throw yourself on your own sword" to some reasonable compensation than to attempt a more rational-sounding "pay me $5 million, and ten cents per unit henceforth" approach which would get laughed off and negotiated down to $50 and a cup of coffee by Sony.

    Perhaps for the lawyer paid by the hour. Most lawyers don't go into these things blind, they have a good idea of their chances and how much litigation is going to cost and the trade-off point for settling. The ask for the sky strategy only drags things out and increases your costs paying lawyers to bounce offers off each other. The only time outrageous claims would be a positive is if they places a trade-off far higher then you expect and come back with a counter offer far higher then you really wanted. That virtually never happens and usually starting with a high but reasonable offer would yield similar results. Regardless it's fine an good (but may not be smart) to ask for the moon when negotiating outside of court. This ceased being negotiation when they filed a lawsuit. The lawyers will need to present this to a judge with a straight face and have quite real possibility of pissing of a judge or jury with the absurdity of damanges. It's a bad strategy all around.

  70. How many years? by Gription · · Score: 2

    So this was patented in 1991 and a patent is good for 17 years.
    They sure waited a long time to be "irreparably harmed...

    1. Re:How many years? by MobileTatsu-NJG · · Score: 1

      So this was patented in 1991 and a patent is good for 17 years.
      They sure waited a long time to be "irreparably harmed...


      I didn't realize the Cell processor had been around that long.
      --

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

    2. Re:How many years? by ArsonSmith · · Score: 1

      Yep, they were just about to go to market with their brand new Cell like processor when the PS3 fouled their plans. Damn you Sony!! I shake my fist at you!!!

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
  71. 1991 + 17 == 2008 by mosel-saar-ruwer · · Score: 1


    The patent, 'Synchronized Parallel Processing with Shared Memory' was issued in October 1991...

    The stuff in Claim 1 of the patent (5,056,000) is basic multi-processor stuff which certainly wasn't actually novel in 1989 (when the patent was filed). And the Cell doesn't seem to violate it anyway. It appears to be Claim 6 they are suing over. Claim 6 describes a particular way of partitioning processing power in a MIMD system, but again I doubt it was novel in 1989.

    Even in a worst case scenario, the patent ought to expire next year.

  72. They have a patent on Supercomputing? by aristotle-dude · · Score: 1

    Supercomputers are a series of synchronized processors working in parallel with a shared memory pool. Supercomputers have been around a lot longer than this patent. I hope this company loses their garbage patent.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  73. EBay for the lose ... by AHumbleOpinion · · Score: 1

    It's bound to be worth something on eBay one day .....

    Not really. The sentiment you express encourages people to keep junk so modern items will be far less scarce are therefore go for a lower price. Also consider net present value, http://en.wikipedia.org/wiki/Net_present_value. Imagine you could sell the PS3 for $1,000 in 10 years. Today a 10 year treasury bond is yielding about 4.8%. So that $1,000 10 years in the future is worth about $625 dollars today. However that is not a fair comparison, PS3 speculation is risky, a treasury bond is not. A better comparison might be the stock market, let assume a 7% annual yield. That future $1,000 is now worth around $508.

    1. Re:EBay for the lose ... by ajs318 · · Score: 1

      If you want to invest in something, you could do a lot worse than fags. They go up every year. So what you do is you buy several truckloads, all duty-paid and above board, and you stash them away (with copies of all the relevant paperwork to prove to the relevant authorities that the duty really has been paid) in a nitrogen-filled underground vault (to prevent degradation). Then, when the street price has gone up enough to have made your nitro-flushed storage more than worthwhile, you unseal them and sell them. The Authorities have already had their cut, albeit awhile ago, so they have nothing to complain about.

      I think the only thing that can go wrong with that scheme is a total smoking ban, but the government are still keen enough to rake in billions in nicotine-stained pound notes that this is unlikely. And the packaging will look wrong, but my experience suggests that most people are prepared to overlook that for the sake of a cheap smoke (and if they're really that shallow, then they can always transfer them to a more modern box; I've actually seen people stuffing imported Fortunas into Benson and Hedges boxes before).

      --
      Je fume. Tu fumes. Nous fûmes!
  74. Prior Art == AMIGA! by Anonymous Coward · · Score: 0

    The Amiga had discrete processors and used shared memory, long before the patent was issued.

  75. Parallel Processing? by Craig+Maloney · · Score: 1

    Wait, this company is doing business under the name "Parallel Processing"?

    If this isn't a clear case of the trademark office falling asleep at the switch, I'm not sure what is. Perhaps their claim of irreparable harm could be restated "If we lose this case, it will cause our company irreparable harm".

    1. Re:Parallel Processing? by Vampyre_Dark · · Score: 1

      When Sony is done with them, they'll be lucky if just to be Parallel Parking.

  76. Cell doesn't infringe by Anonymous Coward · · Score: 0

    The patent specifies in the independent claims that "any" of the multiple processors can function as the master. The Cell has one dedicated master, and the SPUs can't replace that functionality. Hence, non-infringing.

  77. what is the greatest pleasure? by Anonymous Coward · · Score: 0

    They've made the somewhat outrageous demand that every infringing chip (and console) be 'impounded and destroyed'
    I hope Sony demand that Parallel HQ is razed, salt ploughed into soil, Parallel are driven before them, lamentations of women are heard, etc.
  78. MAJOR FUD by EdelFactor19 · · Score: 1

    This is a load of bs.. First they sued the wrong party, probably because if they know if they sue IBM they will probably get 0wn3d.

    Secondly they could still lose because they haven't defended there patent against the billions of other things that do this exact same thing. This is essentially the same 'process' that distributed computing like SETI@Home is using in many ways. Additionally how is what MPI, Mercury and Pthreads do any different. I can't wait to see their patented invalidated because it is insensibly vague, and doesn't actually cover anything patentable.

    It is also FUD because it doesn't meet their claims... their first claim is that it is a PLURALITY of PROCESSORS. Not CORES. the cell is ONE processor, multiple cores. I would imagine that would do the trick right there... Seeing as multicore wasnt patented or in existence when this patent was filed I dont see how it could cause a multicore solution to be in violation.

    That and the fact that the cell processor is covered by its own set of patents several of which even reference this one (i just did a simple search in google of "Synchronized Parallel Processing with Shared Memory" and followed the links)

    Proof yet again that our patent system is miserably flawed. It sounds like they have a software patent, whereas the cell is a chip. Secondly IANAL but it pretty much reads like they are trying to claim any attempt at MIMD is a violation of their patent when they reference the existence of MIMD before they begin... This could be entertaining

    --
    "Jazz isn't dead, it just smells funny" ~Frank Zappa
    EdelFactor
    1. Re:MAJOR FUD by AKAImBatman · · Score: 1

      their first claim is that it is a PLURALITY of PROCESSORS. Not CORES. the cell is ONE processor, multiple cores.

      Not to interrupt a perfectly good rant, but the Cell is one processor, one core, and many processor units. Each processor unit is not a complete core, but a MIMD-style mini-processor capable of limited SIMD execution. So their patent holds up just fine on this point.

      That and the fact that the cell processor is covered by its own set of patents several of which even reference this one

      Maybe I'm losing it, but I believe that helps their case against Sony?
    2. Re:MAJOR FUD by EdelFactor19 · · Score: 1

      Not really, because the 'cell' patents are held by IBM who developed the cell in conjunction with (and gave license to use) to Sony. So unless I can sue you for infringing on someone else's patent, I'm lost on your confusion. And yes i realize that about the cell, but was simplifying for the post.. either way its not multiple processors so I'm still not sure how that helps them. They use the term processors, not units..

      that and the claim from that example seems to basically try to patent any usage of MIMD. "A method for multiple instruction stream-multiple data stream (MIMD) parallel data processing in a computer including a plurality of processors operating in synchronism over a plurality of phases"
      I dont see how one could do MIMD without a plurality of processors operating in synchronism? That and the fact that this stuff is a day one topic in a parallel programming course at a college suggests that it isn't non-obvious, although i do realize that its difficult to say that about courses in 2006 when this invention was what circa 1996?

      --
      "Jazz isn't dead, it just smells funny" ~Frank Zappa
      EdelFactor
  79. Cool! A Minnie Driver/Anne Hathaway love scene. by Impy+the+Impiuos+Imp · · Score: 1

    > They've made the somewhat outrageous demand that every infringing chip
    > (and console) be 'impounded and destroyed'.

    I wouldn't get too worried. I'm sure they would reconsider if you just heaved enough money

    oh, wait

    I just got what's going otn.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  80. Re:Cray had prior art/implementation a decade earl by Anonymous Coward · · Score: 0

    Mod parent "-1, Illiterate".

  81. US Only by Anonymous Coward · · Score: 0

    Thats all PS3's in the US being destroyed, rather than in the world. Wow, that would cause a serious backlash to the US patent system.

  82. Cell processor is overkill in a gaming console by fragMasterFlash · · Score: 1

    Given the insanely complex programming model required by the Cell processor I wouldn't be entirely surprised if all the PS3 Games ran just as well with optimized code running on a multicore PowerPC and a decent GPU.

    1. Re:Cell processor is overkill in a gaming console by the_greywolf · · Score: 1

      Probably, but the GPU is quite acceptable and the SPUs' dedicated memory (and DMA) makes it possible to do more: more physics, more image processing, more audio/video decoding, etc. Games rely heavily on data processing, and having 7 dedicated Altivec units with their own memory access makes it possible to do a lot of data processing that would have to be done on the main processor or in the GPU otherwise.

      --
      grey wolf
      LET FORTRAN DIE!
  83. Patent weight by Kuvter · · Score: 1

    I think patents shouldn't hold weight unless they're being used in one way or another. So what is this company doing with their patent?

    --
    "To be is to do." --Socrates
    "To do is to be." -- Aristotle
    "Do-Be-Do-Be-Do..." --Sinatra
  84. Prior Art - case 1 - INMOS Transputer by plusser · · Score: 1

    20 years ago INMOS developed the Transputer, an early attempt at a microprocessor that could work in parallel with other Transputers in an array.

    I think that this is a case of prior art - case dismissed.

  85. Sony Knew? by qzak · · Score: 2, Informative

    Apparently Sony referenced this patent in their application:

    "Oddly enough, Sony's own patent, filed in 2001 and issued in 2007, actually lists the 1991 patent as a citation. In other words, Sony's own patent lawyers have already seen the old patent and deemed it not to be a threat, and the U.S. Patent Office apparently agreed when it issued Sony the patent in June."

    http://news.digitaltrends.com/news/story/13725/ps3 s_cell_processor_faces_patent_challenge

    There may be very little ammo in this suit. /understatement

  86. Re:Cray had prior art/implementation a decade earl by Anonymous Coward · · Score: 0

    You don't believe me, apparently, but perhaps you should take a moment and actually look through a modern grammar handbook like the ones used in colleges today.

  87. Would they really? by tjstork · · Score: 1

    The thing of it is, the capital required to do certain kinds of R&D is so heavy, that startups could just as likely leverage the thousands of patents the likes of Intel, IBM and Microsoft have behind them. What can't happen today is, somebody at MS does something kind cool, but someone else outside sees the potential of it, fixes it, and makes a go of it. Today, that lands you in patent trouble, and really, its unfair because that sort of free for was exactly how MS and Intel got started themselves.

    Anything law that protects the "little guy" protects the big guy that much more.

    --
    This is my sig.
  88. Is thie relevant? by datasegment · · Score: 1

    Doesn't the patent imply that there is a master processor that automatically controls division of workload and the subsequent gathering up of results? That's not how the core works - each processor is a seperate entity, albeit on the same processor die, and you have to program them individually. Granted, the standard programming model is to write a control program for the main PU core, then trigger sub-tasks on the SPE's, but surely that's under the software applications control and not a master 'controller' processor?

  89. *oblig* by r_jensen11 · · Score: 1

    Wait until they get a beowulf cluster of these! Oh wait, *poof*

    Drat....

  90. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  91. Connection Machine Supercomputer Anyone? by Anonymous Coward · · Score: 0

    I'm pretty sure the WOPR-looking "Connection Machine" from Thinking Machines could be considered "prior art." I was cranking on one of those in early '91.

  92. Re: They can pry my PS3 from my cold dead fingers by Douglas+Goodall · · Score: 1

    I bought PS3 hardware specifically because it had the cell cores. For the purpose of doing parallel programming research. I am not giving up my equipment after spending the time and money to develop on it. If they actually try to seize and destroy these consoles, I expect a small revolution over it. I will be waitching this litigation closely.

  93. There's almost certainly prior art. by hendrikboom · · Score: 1

    Wasn't all that done on the CM* system (16 processors) in the 70's. That system even had a programming language designed so that almost any expression could easily be dispatched to a separate processor.

  94. Destroy all five? by rjamestaylor · · Score: 1

    How cruel can this Parallel Processing company be?

    --
    -- @rjamestaylor on Ello
  95. I'm going to patent the connection by ghostbar38 · · Score: 0

    I'm going to patent my very original idea of a wireless device that works as AP and wireless card at same time so in the future when someone invented some device like this I'll own it :)

    --
    ghostbar page.
  96. How is this bad? by Anonymous Coward · · Score: 0

    This patent violates the fundamental principles of even Babbage's contraption. Cutting up any process into smaller parts is what any processor does. IO interrupts could probably even count as prior art for parallelization, and if it is specifically multi-core, I am sure Sony have plenty of their own patents that claim the same thing.

    Trace the money, I'd put $20 on another story linking this company to Microsoft in some way.

    Microsoft => SCO => Linux
    Microsoft => Patents => Sony

    Since Microsoft are definitely playing defensive and being pushed into price cuts, having their xbox touted as 2.5G, and 'one to avoid' because of the effective recall, their tactics are stepping up.

    Microsoft's very own Ministry of Truth at work.

    "Getting OSI compliance for shared-source is a move forward for Microsoft"

    When actually it is a move backwards, Microsoft conceding more ground and trying to cover its tracks.

    You read the news announcements from Mr Product Manager whoever it was, saying these exact words, how OSI compliance is a move forward, yet, as repeatedly stated, Microsoft trying to parallel and remove the distinction between it and open source software is a concession and a step backwards.

    I really find it baffling how the ties between Microsoft and the aggressive insane kamikaze SCO suit against IBM are not more widely reported.

    1. Re:How is this bad? by Anonymous Coward · · Score: 0

      I agree with this entirely.

      The timing of this lawsuit (and ensuing FUD regarding the PS3 if many people hear of this lawsuit) is very fortuitous for Microsoft, especially as they are not doing too well right now, what with the hardware problems blowing up in their faces, and Sony picking up pace at the same time.

      Even if nothing comes out of this, it will discourage ordinary people from buying a PS3, just because they won't be sure whether their PS3 will last or not (because of this lawsuit).

      Both Nintendo and Microsoft stand to gain from this. However, I would say that Nintendo in its current position has nothing to fear from Sony. Sony's direct competition with their PS3 is with Microsoft.

      Also, Microsoft has a strong history of playing unethically as far as their business tactics are concerned:

      (1) Microsoft, Internet Explorer and the Browser Wars
      (2) Microsoft financing SCO (setting up a front - SCOSource for licensing) against Linux - the OS Wars

      and now, most probably:
      (3) Microsoft financing International Parallel Machines (setting up a front - Parallel Processing for licensing) against Sony PS3 -- the Console Wars

  97. third party, FUD, nonsense patent claims... by Anonymous Coward · · Score: 0

    I smell MS business tatics.

  98. Amiga Forever by Anonymous Coward · · Score: 0

    It is my recollection that in 1984 the amiga, and it's coprosessors did this same thing.