Apple Attempts to Patent Pre-Existing Display Software Idea
Nuclear Elephant writes "Apple appears to be taking ideas from commercial software already being sold and is attempting to patent the
concepts as their own. According to Apple Insider, Apple has recently filed a patent application for a notification screen on the iPhone. The only problem with this is that Intellisync has been using this concept in their popular iPhone notification screen software for over a year now, and it doesn't take a rocket scientist to see that this is a clear rip-off. Apple recently became famous (or infamous) for stealing other people's ideas when they rolled out their Dashboard in Mac OS X, which had many similarities to a desktop widget program named the Konfabulator, which later became Yahoo widgets. The case here isn't a simple hijacking of an idea, however — Apple is applying for a patent on Intelliscreen's concept, which could be detrimental to the original manufacturer of the software, who is actively selling it for Jailbroken iPhones"
Really, GREAT job with this! I hope you don't get it, and are forced to pay all sorts of fines.
Sick of software patents. "Oh, this makes your screen tell you something is happening!" Yeah, real fucking original.
Show this to your friends and family that don't know what a real hacker is
Someone should probably let them know that they can't do that...
Expect this behavior as long as it is financially beneficial to engage in it. There is no dis-inscentive for this type of lying. There is no reason NOT to do this if you can afford it. They could hit the jackpot with minimal risk.
Avast, Apple! Ye scurvy dogs may have forgotten that we be havin' this provision in our rules statin' that something ye patent must not already be bein' made by someone else.
Foolish landlubbers need to walk th' plank, says I!
"16MB (fuck off, MiB fascists)" - The Mighty Buzzard
Tiger came out over three years ago.
Well, it has never been successfully tested.
Didn't Apple attempt to patent fast user switching a while ago?
Reply to That ||
The relevant patent seems to be roughly a year old. And the priority date on it is...? Whether or not Intellisync has priority (and, as with all these stories, whether the comparison of the patent to the existing product is even accurate), it seems pretty clear that Apple didn't "steal" the idea.
What I'm listening to now on Pandora...
"Apple is applying for a patent...which could be detrimental to the original manufacturer of the software, who is actively selling it for Jailbroken iPhones"
Wow. Patent against software being sold for illegal phones. I'd sue, but I'm not quite sure where to start on that one.
Uh, Konfabulator stole their widgets from NeXTStep.
Which is owned by who, again? Oh, right. Apple.
Shinma
Man, that Konfabulator vs Dashboard thing again? Didn't we already decide that Apple did it first? Like, 20 years ago?
If I could rearrange the keyboard, I'd put U and I together.
Apps are going to be mysteriously pulled from the App Store... with patents being filed by Apple soon after.
Man, I can't wait till all the big companies start sueing each others asses with all that patents until they have given their last penny to their lawyers. :(
Should have done patent law...
At least Europe is a little bit less enthusiastic about software patents (for now).
All move to Microsoft? Better yet start using FreeBSD so we can all be 7334!
"OK, fuck it, we're evil. But you don't care because our stuff is sooo good. It works well. So bend over and TAKE IT from our patents. Or we'll make you use a Windows CE phone instead."
Mac users are surprised when things don't work well and smoothly; Windows users are surprised when they do. Microsoft wouldn't have had half the trouble with antitrust and crappy Seinfeld ads if their stuff actually worked.
Same with Google. "Sure, you're worried about our tentacles in your life. But it's not like you're going to use Windows Live Search. Muwaaaaahahaha."
http://rocknerd.co.uk
MS gives Apple millions. Apple takes free software and launches ad blitz. Apple continues to steal.
Anyone really that confused?
Ok /. let's put our heads together and think this through.
How can we blame Microsoft for this?
You are right, that is the wrong plan.
Ok /. let's put our heads together and think this through.
How can we spin this so it looks like Apple is not doing exactly what we hate Microsoft for?
Nice to see Slashdot presenting a story in a proper objective journalistic style as usual..
Palm, Nokia, and other phones have had equivalent software for years.
Apple frequently patents things and takes credit for other people's inventions. The company is evil.
Unfortunately with the state of patent laws these days, some companies are forced to amass a portfolio of obvious patents for defense. Is this one of them?
Well, there's spam egg sausage and spam, that's not got much spam in it.
Or we'll make you use a Windows CE phone instead.
If you want a smartphone, you should be using a Windows CE, Palm OS, or Mokia phone. The iPhone is not an open platform in any sense of the word, and all the people acting shocked about it have been in denial for over a year.
I'm so not surprised by this development, obviously, Apple has never been what we can call "Fair" in the past, why start now?
A short while ago, there was an article about "Apple Rejects iPhone App As Competitive To iTunes.
I replied with the following thread: SDK Agreement, anyone read it?.
That thread has extracts of the SDK and GTM agreements and after you read it, you will see how Apple is able to take it upon themselves to patent something which "isn't" supposed to be their product.
So, unless Intellisync had an agreement that this was their product, etc... with Apple, then, they left themselves open for a take over.
Worse is that the agreements which Apple provides you with you 1) download the SDK and 2) use their Go-to-Market program to sell in their stores, are pretty clear.
But Apple has a sneaky way of delivering this information.
When you download the SDK, you don't get to see the GTM agreement clauses.
As far as I'm concerned, when you download the SDK for the iPhone, you should also be provided with the agreement for the "Go-To-Market" program. But this is how Apple gets to take advantage of people who don't read the fine lines and don't do their homework on the legal side.
In the US it is explicitly legal to unlock cellphones. Doesn't matter what the cellular carrier or manufacturer says or puts in their EULA.
That is the way at Apple. They did the same with "windows", the mouse and the GUI by first copying the Xerox Star's look, feel and operation, then suing Microsoft when they attempted to patent these, and cemented their position by giving Alan Kay, the brain behind the Xerox Star, an Apple Fellowship. The last made it unlikely Kay would side against Apple in any further legal actions.
They may not be very nice sometimes, but they're not stupid.
And I seriously doubt that Intellisync came up with the idea. They may have created the first to be used on an iPhone, but the concept of prior art does not require a particular context. If a similar widget existed prior, then it's not novel. And the similarity need not be that strict. Automated notification is old hat. Three words: "You've Got Mail".
"I may be synthetic, but I'm not stupid." -- Bishop 341-B
What my Pocket PC mobile phone has been able to do for years?
Um...excuse, but can someone please explain what the heck I am missing on this one?
It doesn't fit into the sensationalist summary, but Mac OS 1 included desk accessories in 1984. Dashboard (and Konfabulator) are an updated version of that concept.
Do you even lift?
These aren't the 'roids you're looking for.
Apple files BS patents all the time. If you want to see more, just search patents for "Jobs, Steven P." Yes, Steve Jobs claims he personally invented everything at Apple, and puts his name on the patent applications.
Apple recently became famous (or infamous) for stealing other people's ideas when they rolled out their Dashboard in Mac OS X, which had many similarities to a desktop widget program named the Konfabulator, which later became Yahoo widgets.
ScuttleMonkey, you should have scuttled this post! ARRRR!: Someone who bitches about patents, which are intended to limit the free application of certain ideas, then bitching about the free application of ideas in the same breath.
Wow, kids, let's try that template again:
[OSS developers] recently became famous (or infamous) for stealing other people's ideas when they rolled out their [GIMP] in [Linux], which had many similarities to a desktop [...] program named [Photoshop] [...]
Wash, rinse, repeat! It's the hypocrisy generator!
Apple paid to be able to use the stuff they saw at Xerox Parc. Paid with stock.
MS did not pay, and in fact the only reason they didn't loos there shirts becasue they convinced the judge that there work was a derivative of the work they already did. In the contract with Apple appl allowed them to do that, except the contract wasn't for an OS it was for a different application.
The Kruger Dunning explains most post on
Because the Today screen sure looks a lot like Windows Mobile Today screen.
Apple seems to enjoy patenting stuff that others have already come up with. Some time back, the filed a patent on voice menus, despite the fact that the rockbox project had already released such a feature(and, since rockbox development is in the open, the feature could be said to have been public even prerelease) and the Kenwood music keg had been selling with a similar feature for some time.
Slashdot also mentioned, a while back Apple's attempt to patent the same OLED keyboard that Art Lebedev has been showing pictures of since forever.
Apple does occasionally innovate, and they are quite good at executing "polished version of something somebody else did already; but not really well enough for the mass market"; but they have a downright nasty habit of patenting stuff that other people have already developed.
Here is the patent application in question.
You'll notice the June 28, 2007 filing date. The earliest reference I can find to Intelliscreen is that it was in early beta in May of 2008. Indeed, Intelliborn didn't apply for a trademark on "Intelliscreen" until May 23, 2008 (TM App. Serial No. 77482276). Also note that the product requires a jailbroken iPhone. The iPhone wasn't even first jailbroken until July, 2007!
Thus, it seems almost certain that Apple came up with the idea long before Intelliborn had a product on the market and very likely long before Intelliborn came up with the idea at all.
People should understand that patent applications are (generally) not published the moment they are filed. Instead, they are usually published 18 months after the filing date. Just because we are now seeing the application does not mean that it was only now filed. In fact, it usually means just the opposite.
Your Pocket PC isn't a closed system like the iPhone. They're patenting the application of a smartphone user interface to other kinds of phones. Or something like that.
Whatever, it's sad when a phone running a Microsoft OS is more open than one running UNIX. :p
First and foremost, and very generally: just because a patent is superficially like something that already exists, that in itself doesn't mean the patent was either obvious, or automatically invalidated by prior art.
Second, and more topically, I don't know when this IntelliScreen softwareâ"which, by the way, is NOT an SDK app, but only for people who have a jailbroken iPhoneâ"came out, but the AppleInsider article clearly states that the "quick settings" patent was filed last December, and the "notification screen" patent was filed a few months before that! That is a little hazy, but could easily mean that it was filed before the iPhone was actually released to the public.
So while it is certainly possible that the filing still post-dates the release of the IntelliScreen software, I don't see how Apple can be expected to troll through every completely unsupported hacked up app for the iPhone just to see if something they've got planned to patent has already been thought up. That may not prevent the patent from being invalidated by the (potential) prior art of IntelliScreen, but it certainly puts the kibosh on the idea that Apple "stole" the idea. (I pay pretty close attention to news & stuff about the iPhone myself, and this is the first time I've heard about anything remotely resembling IntelliScreen, so it can't be a ubiquitous killer app).
But no, the truth, however obvious it may be, is boring. It's far, far more fun to run around screaming and pointing at Apple and saying, "THEY'RE STEALING OUR IDEAS! EVIL! EVIL!"
Good bleeding grief, Jonathan Zdziarski, grow up, get a clue, and stop trying to get page hits on your blog.
We have been trolled.
Dan Aris
Fun. Free. Online. RPG. BattleMaster.
Ye landlubbers never seen such a frightful sight as the Flyin Apple on the starboard with the Skull-n-Bones flyin.
Ay she's a fast ship the Flyin Apple. Her hull like dull silver. No good ever come of her. I've seen her come aboard a ship in the Carribbean and all the crew were turned to shredded paper!
ARRRRR!!
http://www.maxineudall.com/2010/02/should-economists-be-sued-for-malpractice.html
Please stop robbing the word "steal" of its meaning. If something was really stolen, the original owner would no longer have it. If something was ripped off, the original owner would in some way be missing something.
Apple invents the information screen?!?
Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
So which is Apple?
Mean: believing that they can get it and bully anyone who challenges them?
Stupid: for thinking that they could actually get away with it?
Ignorant: completely of any and all prior art?
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
If anyone is to blame for this it is clearly the intellisync folks. Apple needs to protect its source of innovation or else companies like Microsoft and Red Hat will steal their ideas and profit from them. The intellisync folks knew this and yet persist in their complaints against Apple. How outrageous.
Think DIFFERENT! Think BETTER. Think APPLE!!!!!
No, this is actually more like a corkboard or message center.
And I've not actually seen it in any other location (not in Vista, not in XP, not in OS X, or Linux), so in that sense it is kind of innovative, and at the same time obvious.
But you know what? Expose is also obvious, and no one did it until Apple...
GPL Deconstructed
Goes a whole lot further back than Intelliscreen.
http://www.blackberrycool.com/2005/03/bbtoday-overview/
What hasn't Apple stolen?
Can rejected patent application be used as a precedent during patent trial case?
Bit on off-topic side of course. But does it make sense for company to simply file patents for all the stuff which isn't yet patented. If it is rejected - then nobody can sue us for the use of idea since it cannot be patented. If it is accepted - well nobody can sue us for other obvious reason.
As a non-US guy's question: could such practice exist in US? (Because that might a good direction to work on for F/LOSS software to build-up a warchest^Wportfolio to protect itself from possible allegations.)
Or USPTO dumbly rubber-stamps everything it comes across of?
All hope abandon ye who enter here.
No, this is actually more like a corkboard or message center.
And I've not actually seen it in any other location . . .so in that sense it is kind of innovative
Um, er, well
Remember - they may be attempting shit, but at least they're doing it in fuckin' style
after all, that's all that matters, right ?
Read radical news here
CUPERTINO, Transylvania, Friday - After bricking unlocked iPhones, kicking applications off the iPhone store that might even slightly compete with iTunes in the far future, and filing a wave of patents on basic well-known computer science, Apple Inc. today filed a 10-Q with the Securities Exchange Commission declaring that it was openly adopting Evil(tm) as a corporate policy.
"Fuck it," said Steve Jobs to an audience of soul-mortgaged thralls, "we're evil. But our stuff is sooo good. You'll keep taking our abuse. You love it, you worm. Because our stuff is great. It's shiny and it works. It's not like you'll go back to a Windows Mobile phone. Ha! Ha!â
Steve Ballmer of Microsoft was incensed at the news. "Our evil is better than anyone's evil! No-one sweats the details of evil like Microsoft! Where's your antitrust trial, you polo-necked bozo? We've worked hard on our evil! Our Zune's as evil as an iPod any day! I won't let my kids use a lesser evil! We're going to do an ad about that! I'll be in it! With Jerry Seinfeld! Beat that! Asshole."
Sergey Brin of Google said, "Of course, we're still not evil. You can trust us on this. Every bit of data about you, your life and the house you live in is strictly a secret between you and our marketing department. But, hypothetically, if we were evil, it's not like you're going to use Windows Live Search. Ha! Ha! I'm sorry, that's my 'spreading good cheer' laugh. Really."
http://rocknerd.co.uk
Okay, it wasn't a portable device, but I did something very similar to the basic premise of this patent back in 1992. I wrote a "screen locker" for VMS that locked the terminal, moved random characters around the screen to prevent burn-in on my VT100 as well as prevent idle timeout, and collected any system messages / broadcasts / new mail notifications / etc. When I typed my password, it would present me with all those messages in a scrolling box, and offer to let me all the way back to the DCL prompt, or relock. And I *just* threw out the source code two weeks ago in a mass basement cleaning...
Michael J.
Root, God, what is difference?
Gee just like Vanilla Ice didn't rip off the music from Queen and David Bowie.
It has a little bit more so it is totally different.
That argument didn't work in the music industry. We will see how it plays out here.
I guess no one realizes that Konfabulator idea was actually implemented in Apple's GS/OS for the Apple //gs that was introduced in the mid 80's.
What amazes me the most when I hear stories like this is that the fact that I hear stories like this. That means, that somewhere, SOMEONE is actually coming through the patent website reading submissions and finding out stories like this. Given the ridiculous quantity of patent submissions and the utter denseness of them, I find this to be *amazing*.
What a bad article for Slashdot. Come on, the Dashboard/Konfabulator-story has been crunched numerous times already, only to end up with Apple having had a "Dashboard" 20 years _before_ Konfabulator came out.
FAIL, try again.
(...but I must agree a patent on something so basic like this info-screen ist ridiculous)
this sig is useless
Nobody's buying that excuse.
The real problem are the patent officers. Before the iPhone, I had this kind of screen on my Windows Mobile device. It even featured an open plugin architecture.
Apple wouldn't even think about patenting trivial and prior art ideas if they wouldn't know patent officers weren't idiots enough to give them a chance.
Apple is correct in doing this: Apple is always innovative and has always been so, so obviously this is unique and new, so they MUST patent it, to prevent lesser companies/beings from benefitting in ANY way, without licensing.
I am saddened, that Slashdot would take such an obviously biased stand against what is right and true.
I can only conclude that this in an example of "Apple Hate". I think that this is wrong, and I implore the majority of right-thinking people here to stand up for what is right.
You bemoan a piece of software to be a "clear rip-off" of someone else's unpatented idea. You also bemoan the basic concept of a patent.
Either you don't know what "rip-off" means, or you don't understand what a patent is. Or, most likely, both.
the comments on this article is 96% trolls.
Sorry, but the Apple patent predates the release of Intelliscreen. In fact, one could, based on the timeline, make the case that Intelliscreen is ripping off Apple....
Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
"... it's pretty lame of Apple to try to patent someone else's ideas."
Sorry, but the Apple patent predates the release of Intelliscreen. In fact, one could, based on the timeline, make the case that Intelliscreen is ripping off Apple....
Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
I know the Slashdot summary is wrong. I thought computer geeks were supposed to want to understand things? You don't understand patents ... get over yourselves. You're idiots.
>> "Apple appears to be taking ideas from commercial software already being sold"
US patent law gives 1 year from 1st sale to file a patent app, so the implication behind this quote from the article is wrong on its face, ie a co. can commercialize all they want and delay filing, so long as they file by the 1 yr anniversary of the 1st sale.
And as was already eluded to in some earlier posts, this patent claims priority to other applications. Bottom line: this is a non-story unless somebody can show the idea being claimed was around before Jan. 8, 2006.
You may install IntelliScreen via Cydia on a Jailbroken iPhone 2.0:
1. In Cydia, choose sections.
2. Choose the Intelliborn Category
3. Install IntelliScreen
If you do not already have a Jailbroken iPhone, you will need to run the Pwnage tool or WinPwn. This will allow 3rd party software to run on your iPhone that does not meet Apple's SDK's terms.
It would seem to me that circumventing Apple's (AT&T's?) lock on the iPhone would be violating both agreements with Apple and AT&T. It does void your warranty. Wouldn't this very fact nuke any claim Intelliborn has on IP? I would think at the very least it would be a violation of Apple's copyright to jailbreak an iPhone. And clearly a jailbroken iPhone is required to install Intelliscreen.
"If your parents never had children, chances are you wonât either." -Dick Cavett
But you know what? Expose is also obvious, and no one did it until Apple...
Oh really
http://vizzzion.org/images/kde-4.0-post-rc1/kwin-expose.jpg
And you can't search for the window in OS X's Exposé, you must manually look at all the windows to search for the one you are looking for...
On Linux you just type the name and it search for you... now that is innovative to me.
What are you trying to show? Expose on Mac was first demonstrated in 2003. Kwin's Window Present feature wasn't available until 2007...
GPL Deconstructed