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80% of MS Server Protocols Are Unpatented

perlow writes "ZDNet blogger Jason Perlow and Centrify's Tom Kemp discover that 80 percent of all Microsoft server protocols are un-patented. What exactly then, did SAMBA license? Are Microsoft's patent and intellectual property threats simply the growls of a paper tiger?"

17 of 136 comments (clear)

  1. Microsoft Tax by Tuoqui · · Score: 4, Insightful

    ...is what they licensed

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    09F911029D74E35BD84156C5635688C0
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  2. Ok U'm stupid today by sm62704 · · Score: 5, Insightful

    Why should a server protocol be patented? A patent should be for something you don't want copied. If I were selling servers I'd want to interoperate with clients and other servers.

    Oh, Microsoft. Never mind, my bad.

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    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:Ok U'm stupid today by spun · · Score: 4, Insightful

      No, a trade secret is for something you don't want copied. A patent is for something where you want to make money off of the copies.

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      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:Ok U'm stupid today by Kjellander · · Score: 2, Insightful

      Except, in the case of real inventions, like a toaster for instance, you only have to deal with a couple of patents if you want to build a new one.

      With software patents, you have to deal with every single patent on software ever, and there are more patents issued than you can read in say, a year. And there are more to come.

      And what is the difference between patenting an algorithm and patenting "1+1=2"? The fact that math wasn't patented 2000+ years ago is a good thing for you and me.

  3. It only takes one... by eison · · Score: 4, Insightful

    99% could be unpatented, it only takes one patent to ruin you.

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    is competition good, or is duplication of effort bad?
  4. WTF? by Blakey+Rat · · Score: 5, Insightful

    ZDNet blogger Jason Perlow and Centrify's Tom Kemp discover that 80 percent of all Microsoft server protocols are un-patented. What exactly then, did SAMBA license?

    Is this article trying to present me with the logic: 80% of protocols are un-patented, therefore SMB is un-patented?

    Because I don't see how that follows at all. Is SMB part of the 80% or part of the 20%? If you want to know what SAMBA licensed, why don't you just ask them? I'm sure they'd know...

  5. I hope someone will tag the OP as flamebait... by Anonymous Coward · · Score: 1, Insightful

    If you read the linked articles (which I know you didn't), you will see that SAMBA wanted rights to ALL of the technologies, so they had to pay for patent licensing on that elusive 20%.

    I know I'm going to get modded Troll for this, but does every article about patent licensing and Microsoft have to be so skewed anti-MS?

    1. Re:I hope someone will tag the OP as flamebait... by zappepcs · · Score: 3, Insightful

      Well, actually Mr AC, it doesn't have to be skewed against MS. As it happens, it is nearly always skewed against MS because historically speaking, MS has always been screwing other people. Did your grandma ever tell you that story about the little boy who cried wolf too much?

      MS has extinguished competitors, acted unethically for long enough that people don't trust MS to have done anything right or correctly. That's normal people. /. users hate MS even more because it's fun, and well... MS earned it.

      Bad news always travels farther and faster than good news. MS would have to do a lot of good things to reverse their reputation. So that's how it is. No matter what the story is actually about, if it involves MS it will be expected that MS has fucked up again somehow.

  6. Re:As a wild guess... by PMuse · · Score: 3, Insightful

    It's a little like licensing a sewer system in which nothing is patented except the toilets. That last 20% makes all the difference in the world.

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    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  7. Re:It makes sense ... by Qzukk · · Score: 4, Insightful
    they would need to describe them

    These days with the patent office handing out patents like candy, you don't even have to do that. For instance, in the firehose there's been this story for a while http://slashdot.org/firehose.pl?op=view&id=631632 "Flip Video Camera Maker Sued For Patent Infringeme" Regarding this patent: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=5781788.PN.&OS=PN/5781788&RS=PN/5781788

    So without further ado, Claim #1 of the patent:

    1. A video codec, comprising:

    a single semiconductor chip providing for a video input connection from a camera and a video output connection to a monitor of decompressed data, and a transmit channel and a receive channel of compressed data;

    an interface connected to the chip for external connection to a separate frame memory dynamic random access memory (DRAM) and that provides for interim storage of incoming and outgoing video data; and

    a video compressor/decompressor disposed fully within the chip and connected to compress video information received from said video input connection for output on said transmit channel, and connected to decompress video information received from said receive channel for output on said video output connection;

    wherein, said compression of video information is by spatial de-correlation of intraframe information and temporal decorrelation of interframe information, and said transmit and receive channels have communication channel bit rates reduced by quantization and variable length coding
    So. Based on that, how does one compress video using a single chip (the patent has absolutely NOTHING about its implementation)? Being able to show that might make it actually look like the company actually invented something, instead, rendered to its most basic element, the patent says "anything that does stuff using only one chip plus DRAM" which is something an 8 year old could come up with, without even knowing what DRAM means.

    The patent office has long since slid past allowing "crap" to churning out patents of "pure unadulterated bullshit".
    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  8. Same Old Microsoft Crap by HermMunster · · Score: 2, Insightful

    Anything that threatens their desktop or server OS market is a target of the most obscene threats, even those that could result in criminal prosecution if they were ever discovered to be done with malice in order to protect their monopoly.

    Threats are Microsoft's business of the day. That's their plan for the future to thwart off all competition to their desktop OS. No matter that they begged, borrowed, and stole 90% of the ideas that went into it. If you can't compete any longer you litigate, or threaten to in order to have customers potentially switching to the competition stop in their tracks.

    Those in their right mind knew this was just blather from the Ballmer, but it is enough to get companies re-examining their plans.

    You can't trust Microsoft and you can't trust that they won't try to patent what they have failed to patent so far. Nor can you keep them from changing things once you have developed around them. You all saw the sheer bullshit with the ISO so you must understand that they are far more devious than this in other areas. We as the watchful eye haven't had a chance yet to gaze into their other practices, the real practices that keep people locked into their technologies.

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    You can lead a man with reason but you can't make him think.
  9. Yes by CSMatt · · Score: 3, Insightful

    Are Microsoft's patent and intellectual property threats simply the growls of a paper tiger? Yes.
  10. Ok, this just gets dumber and dumber... by TheNetAvenger · · Score: 2, Insightful

    The 'Protocols' have ALWAYS been fairly open for MS Server products.

    The part that SAMBA is licensing and NEEDS to license is when they are implementing features normally found in Windows Server that are not open.

    Off top of my head I would guess these would be:

    ACL & Security
    Group Policy Features
    Domain Features
    Roaming Profiles, etc.
    FS Search Network Queries ala Vista/Windows Desktop Search

    etc etc etc...

    The freaking communications and protocols are never been a big MS secret, as they are just evolutionary methods, it is the guts that SAMBA also tries to provide that has always been 'reverse engineered' and is now 'licensed' instead.

    Geesh...

  11. Patented = Documented by EXTomar · · Score: 3, Insightful

    I always thought the classic reason why a company wouldn't patent a proven technology is to avoid documenting it. To file for the patent you would need to document critical detail and behavior which could be something the competition could read up on and build new products on the idea. Or in other words, if they never file for the patent they never have to claim it exists. Keeping it off the books keeps it obscure and keeps it theirs.

  12. Re:Samba Licensing... by ratboy666 · · Score: 2, Insightful

    The "protocol" used with the flat-head screw driver is a slit. There are two parts - the screwdriver (which can be patented) and the screw (which can be patented). The slit (protocol)?

    As you pointed out, a coin can be used instead of the screwdriver. And the receptor may be something other than a screw (say, a snap-tab).

    Is the slit itself patentable?

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    Just another "Cubible(sic) Joe" 2 17 3061
  13. Re:As a wild guess... by SleepyHappyDoc · · Score: 2, Insightful

    Perhaps if you wanted to implement a system where nonsubscribers had limits to the volume or frequency of their flushes?

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    Stasis is death. Embrace change.
  14. Re:It makes sense ... by Saxmachine · · Score: 2, Insightful

    So. Based on that, how does one compress video using a single chip (the patent has absolutely NOTHING about its implementation)? Clarification: do you mean "How does one take this description and turn it into an implementation?" or "How does one implement such a basic and obvious task without infringing on this patent?"