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Microsoft's Decade-old Patent On Tree-view Mode!

BhaKi writes "Remember the Tree-View mode in many file management applications? It's shocking to know that this omnipresent feature was patented by Microsoft back in 1995 (granted in 1997). I'm not very sure about the implications, though. The patent is so general that it can be related to many things from tree-mode to virtual filesystems. Check out claim no. 3 of the patent for the most clear part."

51 of 183 comments (clear)

  1. This infringes on my 1992 patent... on trees by Anonymous Coward · · Score: 5, Funny

    I patented trees in general in 1992. I'm going to sue.

    1. Re:This infringes on my 1992 patent... on trees by brxndxn · · Score: 4, Funny

      I patented dirt.. Want to apply for a license? Without my dirt license, you can grow no trees.

      --
      --- We need more Ron Paul!
    2. Re:This infringes on my 1992 patent... on trees by multisync · · Score: 4, Funny

      Without my dirt license, you can grow no trees.

      Ever hear of hydroponics?

      --
      I don't care why you're posting AC
    3. Re:This infringes on my 1992 patent... on trees by Tablizer · · Score: 5, Funny

      Reminds me of a old joke:

      One day a group of Darwinian scientists got together and decided that man had come a long way and no longer needed God. So they picked one Darwinian to go and tell Him that they were done with Him.

      The Darwinian walked up to God and said, "God, we've decided that we no
      longer need you. We're to the point that we can clone people and do many miraculous things, so why don't you just get lost."

      God listened very patiently and kindly to the man. After the Darwinian was done talking, God said, "Very well, how about this? Let's say we have a man-making contest." To which the Darwinian happily agreed.

      God added, "Now, we're going to do this just like I did back in the old
      days with Adam."

      The Darwinian said, "Sure, no problem" and bent down and grabbed himself a handful of dirt.

      God interrupted, saying, "Hold it. You go get your OWN dirt!!"
                 

    4. Re:This infringes on my 1992 patent... on trees by negRo_slim · · Score: 3, Insightful

      I patented trees in general in 1992. I'm going to sue.

      That's kind of an interesting point here, they were granted the patent in '97 but I fail to recall any lawsuits over such a thing... Much ado about nothing?

      --
      On the Oregon Cost born and raised, On the beach is where I spent most of my days
    5. Re:This infringes on my 1992 patent... on trees by Yvan256 · · Score: 4, Interesting

      If you want to make an apple pie from scratch, you must first create the universe. - Carl Sagan

    6. Re:This infringes on my 1992 patent... on trees by Tablizer · · Score: 5, Funny

      If you want to make an apple pie from scratch, you must first create the universe. - Carl Sagan

      Hell of a way to frighten away potential wives. No wonder nerds have problems in that area. It's like the dating couple admiring horses galloping in the sunshine, when the geeky guy turns to the girl and says, "You know, the purpose of a horse's tail is to keep flies off of its anus." Date over.
         

    7. Re:This infringes on my 1992 patent... on trees by jonbryce · · Score: 4, Funny
    8. Re:This infringes on my 1992 patent... on trees by DarkOx · · Score: 2, Funny

      You claim that trees don't grown in dirt but soil, but then link a definition for dirt where the number one entry is "earth or soil". Cleary from your own link dirt is often a synonym for soil.

      I would like to point out that you can't use a dictionary.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    9. Re:This infringes on my 1992 patent... on trees by RobertM1968 · · Score: 4, Insightful

      I would expect that no lawsuits would be pending, or ever brought to surface - for a few reasons.

      1) They are far from the first to implement such a feature... too much prior art existed

      2) One of the companies that made excessive use of "Tree View" was IBM, when they rewrote OS/2's GUI (without MS's involvement) for OS/2 v2 - which far predates both the application date of this patent and the granted date.

      I doubt they want to sue IBM for something they (Microsoft) did not come up with.

      I also doubt they want to sue anyone else, because doing so would invariably bring IBM into the picture for such reasons (listed in #2 above), as well as force IBM (and others) to bring up the prior existence of such a "structure" which would thus be ground to invalidate Microsoft's patent.

      I am sure that IBM did not come up with this idea - but they did implement it long before Microsoft filed for a patent, and I am sure that the OS/2 GUI patents do cover it, and reference prior art as well.

      This is a (pandora's) box that I doubt Microsoft wants to open. Instead, I think they will use it (or may have been using it, or may consider to use it) for nothing other than trying to force smaller companies without the legal wherewithal to pay them royalties for a technology they did not create.

      Just my opinions.

    10. Re:This infringes on my 1992 patent... on trees by smilindog2000 · · Score: 4, Informative

      I read the patent, and it does not patent tree views. Claim 1 patents adding objects visible in a file viewer, just like files, by registering such objects with the registry. Sounds fairly worthless to me, but Microsoft patents pretty much anything. Claim 3, which does mention tree views, is dependent on claim 1. In no way are simple tree views covered by this patent.

      --
      Beer is proof that God loves us, and wants us to be happy.
    11. Re:This infringes on my 1992 patent... on trees by Paradigm_Complex · · Score: 2, Funny

      Uh, yeah, of course he has, but that's been patented too, silly. The guy with the patent to hydroponics is a jerk and won't license it out. brxndxn is cool, though, and it'd be a lot easier to just license dirt from brxndxn.

      Disclaimer: brxndxn did not pay me to say this, I'm just a happy customer.

      --
      "A witty saying proves nothing." - Voltaire
    12. Re:This infringes on my 1992 patent... on trees by RalphSouth · · Score: 2

      I believe that I was using tree views on 2741 terminals in 1971 on cp67 and tss S/360 systems.

      If you were to combine the patent on dirt and the tree view, you would effectively kill the keeping of potted plants in cubicles. :-P

    13. Re:This infringes on my 1992 patent... on trees by cp.tar · · Score: 2, Funny

      If you were to combine the patent on dirt and the tree view, you would effectively kill the keeping of potted plants in cubicles. :-P

      So whom would companies employ then?

      --
      Ignore this signature. By order.
  2. Why do people link ad-laden patent sites? by Anonymous Coward · · Score: 5, Informative

    You can get patent results ad-free from Google or straight from the USPTO.

    1. Re:Why do people link ad-laden patent sites? by TheRaven64 · · Score: 3, Insightful

      Maybe because they own the site? Put up patent on ad-filled site, link to Slashdot with 'M$ is teh Evil' summary, and profit without the need of resorting to ??? anywhere in your business plan.

      --
      I am TheRaven on Soylent News
    2. Re:Why do people link ad-laden patent sites? by Tablizer · · Score: 5, Funny

      I notice that many of the flowchart illustrations are purely linear; no branches or loops. Why bother with a flowchart for such? Just do a text step list of the common kind:

      1. Collect panties
      2. Make a web-site about collected panties
      3. Put Google Ads on it
      4. Profit!

      (List for illustration purposes only. Profits not guaranteed. Collecting panties risks lawsuits and may pose an environmental hazard.)
         

    3. Re:Why do people link ad-laden patent sites? by ksd1337 · · Score: 4, Funny

      You forgot the "???". (I own the patent to it, so you'll have to pay me for it.)

    4. Re:Why do people link ad-laden patent sites? by mcrbids · · Score: 4, Funny

      (... Collecting panties risks lawsuits and may pose an environmental hazard.)

      Man, oh man. What kind of chix do you DATE!?!?!?

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    5. Re:Why do people link ad-laden patent sites? by Tablizer · · Score: 2, Funny

      [panties environmental hazard] Man, oh man. What kind of chix do you DATE!?!?!?

      Hey, don't knock spicy-burrito-loving chicks until you've been with one.
             

  3. may be easier to read from google patents by mondotom · · Score: 2, Interesting
  4. Slashdot's in trouble by Tablizer · · Score: 5, Funny

    Hell, its vague enough to cover slashdot's hierarchical nesting message view. Pay up, slashy!

  5. Re:FIRST by Oh+no,+it's+Dixie · · Score: 2, Insightful

    It appears we have stunning commentary on the nature of software patents. If a company, "first posts," if you will, they get the right to license the patent to others and sue those that don't pay them royalties. Truly, parent is a modern genius of metaphor.

  6. Midnight Commander and Ztree by myspace-cn · · Score: 5, Informative

    Thank god for mc and ztree

    1. Re:Midnight Commander and Ztree by Mark19960 · · Score: 4, Informative

      Xtree Gold preceded this by a long time, IIRC.
      I have a copy in my attic that I had from the mid 80s

      There is just tons of prior art for this patent.

    2. Re:Midnight Commander and Ztree by GIL_Dude · · Score: 4, Insightful

      Well reading the claims they aren't talking about a treeview file system anyway; they seem to be talking about the system of non-file namespace extensions similar to how they show "Desktop" as a node at a level where it is not in the FS, and "Network", "Control Panel", etc. that can all show up in their Treeview controls interspersed with file system objects. I don't believe Norton Commander or XTree did that. They also are claiming a system of registering these namespace add-ins. None of that seems like any attempt to patent a simple treeview of the file system.

  7. Norton Commander in the '80s by Anonymous Coward · · Score: 3, Interesting

    provided a navigable file system browser for DOS - tree view of directory in the left pane, list of files in the currently selected directory on the right.

    It was a best-selling product, too.

    A few years later (but before 1995), IIRC Lotus Notes had a navigational pane in its client. I doubt it was even the first app to use that - it was just sort of common wisdom among UI designers at the time.

    1. Re:Norton Commander in the '80s by dryeo · · Score: 2, Informative

      The Windows FileManager goes quite a bit further back then Win 3.11. I first saw it in Win 3.0 and it existed in OS/2 ver 1.1 (which IIRC was '87 or'88) where MS copied it from. (not too bad as they wrote the OS/2 ver1.x FileManager)
      Of course this patent isn't just about file systems but also displaying other objects eg the control panel. OS/2 v2 did this in '91 or so.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
  8. Nice... by Jaysyn · · Score: 5, Insightful

    I have to give MS kudos for not using this patent offensively.

    --
    There is a war going on for your mind.
    1. Re:Nice... by Purity+Of+Essence · · Score: 2, Funny

      I'm offended, you insensitive clod!

      --
      +0 Meh
  9. Prior art anyone? by ncog · · Score: 5, Informative

    There's so much prior art here it's not funny. For example, Executive Systems first published XTree for DOS (later XTreeGold) in April, 1985. It was the absence of this functionality in MS/DOS that make the functionality so popular. This is just another example of how the software patent system is truly messed up and needs (and hopefully will get) a serious overhaul.

    1. Re:Prior art anyone? by TheRaven64 · · Score: 4, Informative

      Did you even glance at the patent? My guess is that the submitter owns the ad-infested site hosting the linked copy of the patent, because there's no other motivation for posting it. The patent in question covers a very specific mechanism for extending the Explorer shell, not for tree views in general, or even tree views of filesystems. It's describing a mechanism whereby a hierarchical filesystem viewer can delegate the ability to display documents to other modules (e.g. a Word Viewer COM control).

      --
      I am TheRaven on Soylent News
    2. Re:Prior art anyone? by tepples · · Score: 4, Informative

      It's describing a mechanism whereby a hierarchical filesystem viewer can delegate the ability to display documents to other modules (e.g. a Word Viewer COM control).

      Let's see.

      Claim 1 refers to a file system browser that allows mounting non-file objects into the same namespace as the file system. UNIX did all this, and its "registry" was called /etc/fstab.

      Claim 3 ("a first window for viewing a selected part of the name space and a second window for viewing in more detail an object") describes the approach taken in Mac OS since 1.0, whose Finder had the "Get Info" window.

      But some of the claims are specific and possibly novel. Claim 6: "the non-file system objects include printer objects representing printers." Mac OS from the time of the patent did not have drag-and-drop for printer configuration; instead, it used a desk accessory called the Chooser.

    3. Re:Prior art anyone? by CastrTroy · · Score: 3, Interesting

      That's not just a problem with software patents. In every industry that exists, people patent stuff that others invented (but didn't patent) and have been using for years. I know a few people in the chemical industry, and they say this practice is pretty common. Patent something your competitors are doing, then threaten your competitors clients to not buy from you instead of your competitors, because you own the patent, and they are breaking the law.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    4. Re:Prior art anyone? by dryeo · · Score: 2, Informative

      But some of the claims are specific and possibly novel. Claim 6: "the non-file system objects include printer objects representing printers." Mac OS from the time of the patent did not have drag-and-drop for printer configuration; instead, it used a desk accessory called the Chooser.

      OS/2 ver 2 had printer objects that worked this way in '91 or '92. ver 1.1 introduced what would become the Windows 3.x FileManager in '87 or '88.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    5. Re:Prior art anyone? by Kz · · Score: 2, Informative

      But some of the claims are specific and possibly novel. Claim 6: "the non-file system objects include printer objects representing printers." Mac OS from the time of the patent did not have drag-and-drop for printer configuration; instead, it used a desk accessory called the Chooser.

      Mac System 7 had 'desktop printers' a printer icon in the desktop where you could drag a document to print, and double-clicking it opened the queue (where you could manage it by drag&drop the items, not only by 'right-clicking' or menu items, like windows until today)

      --
      -Kz-
  10. The implications? by Gorobei · · Score: 4, Insightful

    Generally, very little. Yes, most low-level things in CS have been patented in some sense (XOR cursors, one-click checkout, run-length image encoding, multi-hash lookup, stacktrace error display strategies.)

    In theory, all software development grinds to a halt. In practice, no one gives a damn.

    Trying to enforce a very broad software patent usually just gets the entire patent invalidated. Even if you win, you get to play whack-a-mole with a thousand open-source projects. And most software is bespoke stuff within corporations: good luck tracking that down to enforce patent claims.

    Unless you are a law firm with the business model of extorting cash for infringment, you lose by going to court. Bad press, skeptical judge (unless you are suing a direct competitor,) workarounds from the peanut gallery provided pro-bono, countersuits from others with overlapping clainms: it gets ugly fast. Better to just cross-license and get on with life.

  11. Wang: Clearview (1989), OIS (1977) by dpbsmith · · Score: 2, Informative

    That's interesting, because a virtually identical view was available in a Wang Laboratories software product called Clearview, released in 1989, which ran on Windows 2.0.

    (Clearview was one of a genre of Windows add-ons, HP NewWave being probably the best known, that plastered improved graphics shells or desktop managers on top of Windows).

    And Clearview itself was nothing more than an improved version of a directory display that was used in the Wang Laboratories OIS circa 1977. They were logically the same, although visually different because the OIS was constrained by having a character-oriented screen. At least within Wang itself, Clearview's directory display was regarded a spiffy bitmapped graphic version of the OIS's display.

    I seriously doubt that Wang was first or even close to first, but Wang was definitely shipping large numbers of commercial products that offered tree views of directories long before 1995.

  12. Re:Family Tree.. by Tablizer · · Score: 3, Funny

    Surely a family tree would be considered prior art?

    Then why can't I use a mouse to drag my mother-in-law to the recycle bin?
           

  13. Not just any tree by Ken_g6 · · Score: 4, Informative

    This patent isn't just about trees, or even file-system trees (which Microsoft made prior art for with the old Win3.1 File Manager). This is about file-system trees that also include things that aren't actually in the file system. It's about how things like Control Panel and My Network Places can appear in the same Windows Explorer tree with your C: drive.

    Hopefully, though, the whole thing is now moot.

    --
    (T>t && O(n)--) == sqrt(666)
  14. Yet another misread patent on /. by Anonymous Coward · · Score: 2, Interesting

    Perhaps Slashdot story submitters should have to certify that their understanding of patent law comes from something more than perusing the musing of RMS at the League for Programming Freedom. A short course in claim construction would help in differentiating between broad patents that cover something commonly used and narrow patents that are easy to avoid.

    The claims of this patent all include the limitation of a "name space extension" that adds at least one "non-file system object" to the file system display. For example, opening a zip file as a folder is an example of adding a non-file system object. If it was part of the shell, instead of an extension to the shell, then the shell probably would not infringe. The capability of extension by third-party vendors is one of the distinguishing characteristics of Windows Explorer.

    There may be prior art that invalidates this patent (after all, prior art can be in any language, any time before invention). But, it would have to be prior art that reads on the narrow scope of this patent, not the bizarre, broad interpretation offered by the submitter and by /. commentators.

  15. devfs, procfs, and tmpfs by tepples · · Score: 2, Interesting

    This is about file-system trees that also include things that aren't actually in the file system.

    You mean things like devfs, procfs, and tmpfs?

  16. Question Regarding Prior Art by neokushan · · Score: 3, Interesting

    I notice a lot of people tend to make really really really generic patents these days, presumably to give them more control over who they get to sue, but when it comes to Prior art, does just one instance invalidate the whole patent, or does it only invalidate certain aspects of it?

    --
    +1 IDisagreeSoHeMustBeATrollOrAnAstroturferOrAShill
    1. Re:Question Regarding Prior Art by The+Empiricist · · Score: 4, Informative

      I notice a lot of people tend to make really really really generic patents these days, presumably to give them more control over who they get to sue, but when it comes to Prior art, does just one instance invalidate the whole patent, or does it only invalidate certain aspects of it?

      Each claim of a patent is presumed valid independently of the validity of the other claims. See 35 U.S.C. Sec. 282. If one claim is invalid, then other claims that include additional or different limitations will still be presumed valid until proven otherwise.

      You may have noticed that patent claims themselves form a hierarchy. At the top of the hierarchy are the independent claims. You can recognize them because they do not refer to other claims in the patent. Then there are dependent claims. These are claims that add additional limitations to the claims from which they derive. You can recognize them because they refer to other claims in the patent.

      The independent claims, which have the fewest limitations, are the easiest to knock out with prior art references. The dependent claims, especially dependent claims that depend on dependent claims, are the hardest to knock out with prior art references, but are easier to engineer around (all you have to do is ensure that your own implementation does not include one of the limitations or its equivalent; but you still have to be careful because the courts often find weird equivalents when it comes to litigation). Patent practitioners usually draft a variety of independent and dependent claims to make a patent harder to fully invalidate or engineer around.

      Because it is hard to knock out all the claims of a patent, defendants in patent litigation often look to ways to attack a patent as a whole. Defendants often accuse the patent applicant of withholding information from the patent office, such as knowledge of prior art or the best mode embodiment of the patent. They may even try to find inventors who were not named on the patent application and license the patent independently from them.

  17. virtual filesystems by DrSkwid · · Score: 2, Interesting

    prior art from 1986 Plan 9 V 1.0

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  18. UNIX by DrYak · · Score: 3, Informative

    as a node at a level where it is not in the FS

    You know, there is this old family of operating systems dating back from the early 70s, that tend to represent pretty much everything as a file system, even things that aren't necesarily on the disk like processes or more recently USB devices.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:UNIX by BananaSlug · · Score: 2, Informative

      Things like, oh, say /dev/tty? Or a proc file system:

      UNIX 8th Edition

      Tom J. Killian implemented the UNIX 8th Edition version of /proc: he presented a paper titled "Processes as Files" at USENIX in June 1984. The design of procfs aimed to replace the ptrace system call used for process tracing.

  19. So, basically Microsoft patented Mumps (ca 1967) by kcokane · · Score: 2, Interesting

    The little known computer language Mumps (Massachusetts General Hospital Utility Multiprogramming System - http://www.cs.uni.edu/~okane) implemented all these claims 30 years earlier. Documentation from that earlier era pretty much shows all the features that M$ appears to be claiming. Another case of M$'s deja vu all over again?

    --
    Kevin O'Kane http://www.cs.uni.edu/~okane/
  20. Prior Art by Anonymous+Admin · · Score: 2, Interesting

    Burroughs (now Unisys) CANDE (command and edit language) had this feature in 1969.

  21. Still prior art by krischik · · Score: 2, Informative

    Thanks for clarifying that. Still OS/2 2.0, released in April 1992, had the ability to display "non file system object". Any (former) OS/2 developer (or user with knowledge of low lever working) will tell you that what you just described it is the main feature which makes the OS/2 workplace shell the best GUI shell ever.

    As for handling ZIP: IBM never bothered but it was available to the WPS as third-party extension.

    Martin

  22. background details by DrYak · · Score: 2, Insightful

    I don't see the relevance of "well UNIX has been placing all devices in the filesystem for decades".

    FYI, in addition of "/dev/" which *is* a directory on the file system (but contains special files to communicates with the hardware), there are other things that *are not* in the file system.

    The patent covers including things which aren't in the filesystem as part of the tree view.

    There are entry point in the tree like "/proc" which aren't in the file system at all.
    Instead they use a special module called PROCFS (it's a file system drive in unix world, and pretty much equivalent to the the extension that the patent mentions : both can be used to make structures not on a disk appear as directory-like tree)
    and expose a complete directory-like structure which in fact doesn't represent files, but represent processes, kernel status, etc.
    See the above post for a reference on a paper about how exposing processes with an interface that look likes files.

    In short : if there's a directory called "/dev/snd/" this directory exists because it is on the EXT2 partition mounted there. The directory "/proc/kernel/" exist because the procfs modules makes it available. It has no existance on the disk.

    Similar mapping of abstract concept into something that "looks like a directory tree" is very popular in unix.
    More recent example are pts which is used to represent the various (virtual) terminals in directory-like fashion structure. usb exposing the topology of usb devices. Also sysfs in linux is used to represent pretty much anything internel of the kernel like system drivers.

    Most of the example I give are recent (usbfs and sysfs are post 95), but they are representative of a tendency that has existed in Unix for a long time because it was in its design.

    The patent covers the software mecanism which covers the possibility that was introduced in Windows 1995:
    Using a simple file browsing software like Explorer, you access a single tree structure which can hold both actual elements on the disk like "Desktop -> My Computer -> C:" (gives access to a physical partition), and things that are actually abstract element made visible in the same tree "Desktop -> My Computer -> Control Pannel -> {some settings}" (whose functionality is coincidentally is pretty much close to what Linux's recent "sysfs" or parts of the mid-80s old unix "procfs" where created to do).
    (And somewhere in between, the case of network resources, which are remote resource made visible in the local tree : Windows' "Desktop -> Network Neighbourhood -> {variable number of indirections depending on Windows version} -> {server} -> {ressource}" is exactly functionally equivalent to a unix' mounted remote file system)

    So in short, my opinion about the patent :
    "Congratulation, you've successfully described something that has been in Unix for the past 25 years"

    ----

    In fact Unix' original implementation is much closer to what the patent describes than Windows 95 (that microsoft where trying to patent) :
    Speaking of system settings and internal data /proc really exposes things that where never part of the file system to begin with.
    Whereas the functionally equivalent "Desktop -> My Computer -> Control Pannel" trick simply lists all ".cpl" files in "\\windows\\system[32]\\". It's not an extension that make out-of-filesystem object visible in the tree, it's simply a thing that acts as a filter for files already elsewhere on the same system.

    In addition, the old unix implementation I am referring to is better integrated in the OS. Anything made available in the tree using a special filesystem driver that exposes abstract things instead of actual filesystems, is instantly made available to any of the usual tools (including command-line tools) used to ha

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]