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Apple Patent Claim Threatens To Block Or Delay W3C

Kelson writes "The W3C Widget specification is running into a problem: Apple claims a patent on automatic updates and is unwilling to license it royalty-free in the event that it impacts the spec. The W3C is investigating to determine whether the spec includes anything covered by the patent, and decide what to do."

332 comments

  1. Oh, Apple by Cormophyte · · Score: 5, Funny

    I hope this is a legitimate claim, or I'll have to start hating you, too.

    1. Re:Oh, Apple by sweatyboatman · · Score: 5, Insightful

      it's a software patent.

      start hating.

      --
      It breaks my pluginses, my precious!
    2. Re:Oh, Apple by Anonymous Coward · · Score: 4, Funny

      No, you won't. Steve will merely extend the reality distortion field to cover you as well. He might not be at the helm, but it is still his life energy that powers the RDF. That is why his health is failing. Keeping up good feelings about apple after all the various shit they have pulled with the iPhone has really taxed is ability to power the RDF. I hear they are looking for an alternate power source, ut its going about as well as their search for an alternate supply of PPC chips went a few years back

    3. Re:Oh, Apple by Shrike82 · · Score: 4, Insightful

      Worse, it's a patent on a ridiculously general software concept.

      I can't stand these kinds of patents, especially when they block progress and innovation.

      --
      You can advertise in this sig from as little as £99.99 a month!
    4. Re:Oh, Apple by Z00L00K · · Score: 1, Troll

      Patent trolling as usual. Nothing new...

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    5. Re:Oh, Apple by xouumalperxe · · Score: 2, Informative

      That'd be Google.

    6. Re:Oh, Apple by orclevegam · · Score: 5, Informative

      Actually "do no evil" was Google shtick, not Apples. Apple has never claimed not to be evil, they're just very stylish about it.

      --
      Curiosity was framed, Ignorance killed the cat.
    7. Re:Oh, Apple by Anonymous Coward · · Score: 0

      And it's so opposite from the recent article about the original internet RFCs and how the "who got credit" and patent stuff was set aside for... progress. :(

      http://tech.slashdot.org/article.pl?sid=09/04/07/168243&from=rss

    8. Re:Oh, Apple by Jah-Wren+Ryel · · Score: 1

      Actually "do no evil" was Google shtick, not Apples. Apple has never claimed not to be evil, they're just very stylish about it.

      I was in a Target store yesterday and I noticed they had posters all over that said "5% good."
      I couldn't help but think that meant they were 95% evil.

      --
      When information is power, privacy is freedom.
    9. Re:Oh, Apple by Anonymous Coward · · Score: 0

      Yes, whatever happened to Apple's "do no evil"????
      I guess we misheard that...must be "(we) do know evil"

      Yes, you misheard it both times. Apple never said either of those things.

      You must be thinking of some other internet company... Perhaps you should google for it!

    10. Re:Oh, Apple by Anonymous Coward · · Score: 0

      Already started hating, when I read the headline. Software patents should go to hell.
      In a few decades most of the development effort will probably be done by artificial intelligence anyway, which only gets told a specification of the problem to solve.
      Then expensive super-computers of the leading companies will probably spit out one patentable idea after another, which can be used to corner a market and it becomes even more rediculous than it is now.
      Computers developing patentable ideas via Genetic Algorithms is already happening and we are just at the beginning.

      ( Whoever is interested in what to expect from the future in that area might want to watch a stanford video about Self-Improving Artificial Intelligence, which is quite interesting. http://www.youtube.com/watch?v=omsuTsOmvsc )

    11. Re:Oh, Apple by rinoid · · Score: 3, Funny

      Don't worry, the W3C takes over a decade to get a spec into a Recommendation ... by that time all the grey beards will have died off and this will have been surpassed by The Next Great Thing.

    12. Re:Oh, Apple by zehaeva · · Score: 4, Funny

      Apple: We do Evil with Style

    13. Re:Oh, Apple by Anonymous Coward · · Score: 0

      This capability existed in Erlang since it was created probably in the 80s!

    14. Re:Oh, Apple by orclevegam · · Score: 2, Funny

      Apple: We do Evil with Style*

      *: Available in high gloss black, white and limited edition brushed aluminum.

      --
      Curiosity was framed, Ignorance killed the cat.
    15. Re:Oh, Apple by mdielmann · · Score: 1

      No, you won't. Steve will merely extend the reality distortion field to cover you as well. He might not be at the helm, but it is still his life energy that powers the RDF. That is why his health is failing. Keeping up good feelings about apple after all the various shit they have pulled with the iPhone has really taxed is ability to power the RDF. I hear they are looking for an alternate power source, ut its going about as well as their search for an alternate supply of PPC chips went a few years back

      So, is this when they start killing kittens? If you know anything about kittens, you know they don't share our reality. They should be perfect for powering the RDF.

      --
      Sure I'm paranoid, but am I paranoid enough?
    16. Re:Oh, Apple by ajs · · Score: 1

      Well, at least we know they're not evil. Only Google can be evil (usually for having introduced something with the words "green" or "open source" in the name).

    17. Re:Oh, Apple by Ilgaz · · Score: 1

      Did you see how Google Updater works? I know Apple never claimed to be "nice" but in case of Google, it really bugs you.

      I don't run any software from them which demands it to be installed, I don't want a update checker running as root every 2 hours. It is open source? Well, who cares really.

    18. Re:Oh, Apple by tyrione · · Score: 1

      Classic.

      However, can we stop with all the insightful 5 votes because 99% of them are complete BS in this thread.

      It's like a couple of gentlemen proclaiming Checkers Trumps Chess. King me! No! King me! Oh yeah! Well, King me!

      Reading these comments each one followed up to trash the prior one with facts is like Checkers. Eventually, we'll whittle it down to black.

    19. Re:Oh, Apple by Anonymous Coward · · Score: 2, Funny

      Apple: We do Evil with Style

      Stevil ®

    20. Re:Oh, Apple by Hordeking · · Score: 1

      Apple is violating my patent. I thought of things that update themselves back in the early 90's. The only problem was how to do it. You see, this was before the intertoobs...

      --
      Disclaimer: The opinions and actions of the US Gov't are in no way representative of those held by this author or its ci
    21. Re:Oh, Apple by Anonymous Coward · · Score: 0

      But its Apple so... I am confused. Pop!

    22. Re:Oh, Apple by furby076 · · Score: 1

      Wasn't a flamebait post. Moderator trolls.

      --

      I do not support "The Man". I also do not support your irrational stupidity
    23. Re:Oh, Apple by Anonymous Coward · · Score: 0

      +1
      Why don't they patent DNA ?
      What ? Already done ? Ah
      Patent the air, patent the water, patent life ...

  2. How dare you! by Anonymous Coward · · Score: 0, Funny

    How dare you mean spirited people use Apple patented stuff because you do not know how to use it properly unlike the insanely great people at Cupertino

  3. and in a manner that is completely transparent by Anonymous Coward · · Score: 5, Informative

    FTFP:

    A software program running on a computer automatically replaces itself with a newer version in a completely automated fashion, without interruption of its primary function, and in a manner that is completely transparent to the user of the computer.

    As long as the user is notified or must explicitly grant permission, the update process is not transparent to the user.

    Apple claims a patent on a stealth method.

    1. Re:and in a manner that is completely transparent by Khyber · · Score: 3, Funny

      "Apple claims a patent on a stealth method."

      Microsoft already own the portfolio on this nonsense!

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    2. Re:and in a manner that is completely transparent by Anonymous Coward · · Score: 1, Insightful

      Wouldn't "transparent" mean, that the user can see what is actually going on (ie the opposite of a black box)? Though I don't know how far you would have to go in order to fulfil this with a computer.

      What you are describing sounds more like "invisible".

    3. Re:and in a manner that is completely transparent by furby076 · · Score: 1

      Wait a moment...windows has been doing this for years. So do worms and other malicious content. I think whoever wrote the first computer worm should sue apple. But really - windows does do this (ever wake up to find your computer was reboot in the middle of the night for a windows update...making your open documents/websites go bye-bye)

      --

      I do not support "The Man". I also do not support your irrational stupidity
    4. Re:and in a manner that is completely transparent by Volante3192 · · Score: 1

      Apparently you missed 'without interruption of its primary function' in the description.

      Most Windows updates only fulfill the 1st and 3rd criteria.

    5. Re:and in a manner that is completely transparent by Anonymous Coward · · Score: 0

      Most, but not all. I have had it download updated drivers for my sound card and other devices and not require a restart.

    6. Re:and in a manner that is completely transparent by Anonymous Coward · · Score: 0

      Uh, no? Since when does Windows intentionally automatically reboot without confirmation? I suspect either bad hardware or a stupid system administrator changing that setting. It's also not under Apple's patent according to a poster above you - that's a definite interruption to your work.

    7. Re:and in a manner that is completely transparent by GigaHurtsMyRobot · · Score: 3, Insightful
      Almost monthly, if your machine is set up to automatically apply updates. During the middle of the night... "A critical security update was installed and your computer had to be rebooted."

      My work machine does this, much to my anguish.

    8. Re:and in a manner that is completely transparent by Applekid · · Score: 5, Funny

      I think whoever wrote the first computer worm should sue apple

      How apt that a worm would ruin an apple. :)

      --
      More Twoson than Cupertino
    9. Re:and in a manner that is completely transparent by mea37 · · Score: 1

      I think you're reading too much into that sentence. This is the flip side of the point that you don't patent "doing X", you patent "a method of doing X".

      Normally people miss that a patent doesn't cover "a differnt method of doing X".

      But in this case, you're suggesting that you can use the patented method, as long as you don't end up "doing X". IANAL, but I'll bet you're mistaken. If I write an update mechanism that follows Apple's design, and then somewhere along the way interrupt the user experience, I've still implemented Apple's patent even though I didn't use it to its full potential.

    10. Re:and in a manner that is completely transparent by Rusty_Rebar · · Score: 1

      A software program running on a computer automatically replaces itself with a newer version in a completely automated fashion, without interruption of its primary function, and in a manner that is completely transparent to the user of the computer.

      So would conficker be in violation of this patent?

    11. Re:and in a manner that is completely transparent by Sandbags · · Score: 2, Informative

      Actually, it does notify you by placing a "rebooting in x seconds" warning on the screen. Its also clearly interrupting the program in question. Even the basic updates that don't require a reboot sometimes reset the desktop, close windows, or at the very least, notify the user. Not a single MS update is completely transparent to the user.

      --
      There is no contest in life for which the unprepared have the advantage.
    12. Re:and in a manner that is completely transparent by 117 · · Score: 1

      To be fair, I'm pretty sure that my Vista Business machine at work does re-open documents, websites etc after an auto-restart from Windows Updates

    13. Re:and in a manner that is completely transparent by dilute · · Score: 1

      Here's a clue: "in a manner that is completely transparent" is NOT part of the claims. It is verbiage in the abstract and written description. Read the CLAIMS if you want a handle on what the patent actually covers.

    14. Re:and in a manner that is completely transparent by tapo · · Score: 3, Insightful

      I think Google Chrome is a better fit. GoogleUpdate.exe just sits in the background, the user doesn't know it's installed or running. When a new version of Chrome is detected, its automatically downloaded and installed without any user prompt. The only way they could find out they're running a new version is to manually check.

      --
      "Joy is contagious," he said, peering into the microscope.
    15. Re:and in a manner that is completely transparent by jellomizer · · Score: 3, Funny

      I though Reboots were part of Windows Primary Function.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    16. Re:and in a manner that is completely transparent by Maladius · · Score: 1

      I guess Microsoft must have already had the patent on automatically updating in a manner that was completely not transparent to the user.

    17. Re:and in a manner that is completely transparent by Tharsman · · Score: 1

      FTFP:

      A software program running on a computer automatically replaces itself with a newer version in a completely automated fashion, without interruption of its primary function, and in a manner that is completely transparent to the user of the computer.

      As long as the user is notified or must explicitly grant permission, the update process is not transparent to the user.

      Apple claims a patent on a stealth method.

      Reading that: if there is an interruption, even if for one second, where the widget has to be rebooted, the entire thing does not apply.

      As far as I can tell even Apple's own iTunes requires a restart to finalize the update as must almost every single self updating software out there.

    18. Re:and in a manner that is completely transparent by Volante3192 · · Score: 1

      Touché

    19. Re:and in a manner that is completely transparent by DCstewieG · · Score: 1

      Like he said, "during the middle of the night." Yes it was oh so helpful to show a dialog for 5 minutes at 4am. Better hope you saved everything because you'll walk in the next day to your login screen. "Your computer was rebooted to install updates." Gee, thanks Windows!

      Although to be fair, you can change it so it downloads updates and lets you know they're ready to install manually. But they pressure you to use the automatic do-it-whenever-Windows-feels-like-it method.

    20. Re:and in a manner that is completely transparent by camperdave · · Score: 1

      But really - windows does do this (ever wake up to find your computer was reboot in the middle of the night for a windows update...making your open documents/websites go bye-bye)

      Windows reboots my laptop in the middle of the night, making my battery charge go bye-bye. Now I have a laptop with a drained battery at work, and a charger at home.

      --
      When our name is on the back of your car, we're behind you all the way!
    21. Re:and in a manner that is completely transparent by huckamania · · Score: 1

      "if your machine is set up to automatically apply updates"

      It causes so much anguish, that you can't be bothered to change it to just download the updates?

    22. Re:and in a manner that is completely transparent by Anonymous Coward · · Score: 0

      Indeed they give you a choice and it's not even enabled when you install Windows. Why did you enable it?

    23. Re:and in a manner that is completely transparent by Thinboy00 · · Score: 0, Flamebait

      OTOH Google AFAIK doesn't try to screw homebrewers with broken updates, so they don't need to notify the user.

      --
      $ make available
    24. Re:and in a manner that is completely transparent by Anonymous Coward · · Score: 0

      Indeed they give you a choice and it's not even enabled when you install Windows. Why did you enable it?

      Didn't you read his post? He said: "But they pressure you to use the automatic do-it-whenever-Windows-feels-like-it method." In all likelihood Microsoft threatened to tell his wife that he surfs for porn on the Internet.

    25. Re:and in a manner that is completely transparent by GigaHurtsMyRobot · · Score: 1

      I said "My work machine," which might clue you in... Despite having administrator privileges, that option is not available.

    26. Re:and in a manner that is completely transparent by Ilgaz · · Score: 1

      I admit I was running PC in 1995 using Windows 95 but I don't remember it had any kind of "automatic updates" coming with it. Patent is dated back in 1995 while Internet was still taking off.

      Many OS X "modern" stuff like Keychains dates back to MacOS days I learned. When we see them, we automatically think they were first in OS X. When did Apple Software update really appear in some form? That is what we should look for. I wasn't in Mac scene back in that time. We need someone to confess he was using MacOS back in 1990s, tough job on Slashdot :)

    27. Re:and in a manner that is completely transparent by gilgoomesh · · Score: 1

      That's not a claim. That's the abstract. The real claim requires many more steps to be explicitly followed.

      I realize most people don't know how to read a patent but steps of the primary claim are actually:

      1. A method for automatically updating software programs on a computer, comprising the steps, of:
      - storing an updated version of a program at a designated location in a remote memory that is accessible to the computer;
      - launching a current version of the program that is stored in memory of the computer, wherein said current version carries out the following steps independent of functions performed by any resource external to said current version:
      - detecting whether a version of the program is stored in the designated location;
      - determining whether a detected version of the program stored at the designated location is more recent than the current version of the program which is running;
      - replacing the current version of the program with a more recent version that is stored at the designated location; and
      - subsequently executing the more recent version of the program on the computer.

    28. Re:and in a manner that is completely transparent by dvhh · · Score: 0

      I think they just patented computer trojan or worm (on windows of course )

    29. Re:and in a manner that is completely transparent by thecarpy · · Score: 1

      Just like firefox has been doing for years, then? BTW, I have apple computers at home and an iPhone, which is a great device compared to the various Windows Mobile, Nokia and SonyEricksson phones I've had! RDF when it comes to the iPhone, not so sure about that ...

    30. Re:and in a manner that is completely transparent by JAlexoi · · Score: 1

      And that is what people at Ericson did when they needed easy updates of their ERlang based software... Exactly THAT! And in 1987.

  4. See! by Anonymous Coward · · Score: 1, Insightful

    It's all about money, Apple fans. Seriously. I have tried to tell you this before, but they do not care about you at all.

    1. Re:See! by stewbacca · · Score: 0, Flamebait

      If it were all about money, Apple products would suck. Exhibit A: Microsoft Windows--makes a lot of money AND they don't care about users. Exhibit B: Mac OSX--makes a lot of money but has to care about users, otherwise they render themselves obsolete.

      Apple's competitive advantage is that they cater to a specific type of user (good, bad, indifferent). By definition, they actually DO care about users because they have to in order to remain relevant. They do care about users, just not in the touchy-feely way your post otherwise insinuates.

    2. Re:See! by Anonymous Coward · · Score: 0

      In a certain way, they have to care. Because if they make crap, people won't buy it.

      For a company, caring about their customers is equal to getting their money.

    3. Re:See! by Anonymous Coward · · Score: 0

      By definition, they actually DO care about users because they have to in order to remain relevant.

      If your statement is true, please explain iTunes running on Windows. Because I don't see any evidence that Apple cares about users there.

    4. Re:See! by Anonymous Coward · · Score: 0, Troll

      Nice strawman.

      Btw, Apple products do suck. However, Apple fanbois tend to worry about fashion more than function.

    5. Re:See! by Applekid · · Score: 2, Insightful

      If it were all about money, Apple products would suck. Exhibit A: Microsoft Windows--makes a lot of money AND they don't care about users. Exhibit B: Mac OSX--makes a lot of money but has to care about users, otherwise they render themselves obsolete.

      You don't have to outrun the wolf, just the slowest member of your party.

      --
      More Twoson than Cupertino
    6. Re:See! by Mr.+Slippery · · Score: 5, Insightful

      Exhibit A: Microsoft Windows--makes a lot of money AND they don't care about users. Exhibit B: Mac OSX--makes a lot of money but has to care about users, otherwise they render themselves obsolete.

      Apple "cares" about its users the same way a gold-digging wife "cares" about her husband, or a manufactured pop music group "cares" about its fans.

      Apple cares about keeping its users blinded with shiny distractions, sure. It does not care about providing quality products or services, or about the long-term well-being of its customers.

      Apple has been a bunch of lawsuit trolls since the infamous "look and feel" lawsuits of the late 1980s. There are every bit as evil as Microsoft, just smaller and wrapper in a prettier box.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    7. Re:See! by Anonymous Coward · · Score: 0

      Or like you care about whatever is on the other side of the glory hole?

    8. Re:See! by stewbacca · · Score: 0

      Strawman now means to provide a comparison to a competitor's business model in order to provide context?

    9. Re:See! by DCstewieG · · Score: 2, Insightful

      Shiny and Quality are not mutually exclusive.

    10. Re:See! by Thinboy00 · · Score: 1

      Tell that to Apple. Every iMac I've ever used was "shiny" and also sucked in terms of performance. The OS itself is worse than GNOME in terms of user-obsequiosity.

      --
      $ make available
    11. Re:See! by Mr.+Slippery · · Score: 1

      Shiny and Quality are not mutually exclusive.

      It depends on what sort of object and how one defines "shiny".

      Quality tools usually have an understated aesthetic, a wabi sort of thing that is attractive, but that I wouldn't call "shiny" -- indeed it's sort of deliberately "anti-shiny". I'd never buy a hammer whose designers tried to make it shiny.

      Quality toys can of course be shiny, the shininess being part of their toy nature. And some things partake of both the tool and the toy nature -- such as a sports car or an electric guitar.

      However, proprietary and quality are mutually exclusive: if you can't open it, you don't own it. And Apple is the king -- or at least an archduke -- of proprietary.

      "Yes, you can't even open the case to replace the battery, but how shiny the buttons are!"

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    12. Re:See! by Anonymous Coward · · Score: 0

      > It does not care about providing quality products

      I think that Mac OS X is pretty good (Unix underpinning, good/usable GUI, etc). If that's not a quality product, well, whathever....

    13. Re:See! by Anonymous Coward · · Score: 0

      But they're also not synonymous.

    14. Re:See! by Renegrade · · Score: 1

      [citation needed]

    15. Re:See! by Gilesx · · Score: 1

      They are when we're discussing Apple.

      --
      Sunday you're Thinking Different, Monday you're a huge tool, paying too much and waiting to think like everyone else.
  5. New Slashdot Prior-Art system (SPAS) by cellurl · · Score: 1

    This is a good peer review of the patent.

    I just read it, and it looks like stuff engineers have been doing way before 1998 (granted date).

    I would imagine one or more slashdot readers will/could file prior-art to this via an old log book.

    Thanks slashdot...

  6. I'm confused by bonch · · Score: 1, Funny

    Are we hating Apple today or loving them?

    1. Re:I'm confused by geekoid · · Score: 1, Troll

      We are think for ourselves,. you apparently are looking for am excuse to not think. I suggest you find a religious site.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:I'm confused by Shadow+Wrought · · Score: 4, Insightful

      Meh. Apple is basically just Microsoft with an inferiority complex.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    3. Re:I'm confused by bonch · · Score: 2, Insightful

      "We are think for ourselves," eh?

      My point, since you missed it, was that we often don't, based on the story posted. Nobody will remember this when the next iPhone comes out.

    4. Re:I'm confused by Anonymous Coward · · Score: 0, Flamebait

      I've seen your posts, and they're not 'are think for ourselves'.

      Also Apple sucks. Religion too. Wait, aren't they the same thing?

    5. Re:I'm confused by Lord+Pillage · · Score: 1
      No, the Apple causes religion.

      <mutter>...if it wasn't for that damned snake...

      --
      try { Signature mysig = new CleverAttempt(); } catch(NonCleverSignatureException e) { postanyway(); }
    6. Re:I'm confused by R2.0 · · Score: 1, Funny

      "I suggest you find a religious site."

      Like, lets say, Slashdot?

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    7. Re:I'm confused by Anonymous Coward · · Score: 0

      Are we hating Apple today or loving them?

      As always, the normal people are judging based on actions, and the fanboys are ignoring everything negative (or saying that the negatives are actually positives) and loving them.

    8. Re:I'm confused by ColdWetDog · · Score: 4, Funny

      Meh. Apple is basically just Microsoft with an inferiority complex.

      But a stylish, tasteful inferiority complex. You don't see Steve Jobs with sweaty underarms, do you?

      --
      Faster! Faster! Faster would be better!
    9. Re:I'm confused by MobileTatsu-NJG · · Score: 1

      We are think for ourselves,. you apparently are looking for am excuse to not think. I suggest you find a religious site.

      I wonder how many people with relatively low UIDs find this statement rather amusing.

      --

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

    10. Re:I'm confused by Locke2005 · · Score: 1

      And Jobs has never thrown a chair, threatened to "fucking kill google", or stated that his companies stock was overvalued. Or at least not while anybody was watching.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    11. Re:I'm confused by Shadow+Wrought · · Score: 5, Insightful

      You don't see Steve Jobs with sweaty underarms, do you?

      That's why he always wears black: there's not enough contrast to see it;-) Apple certainly has a far better marketing department, and they've gone to great lengths to not only play up their image, but to tie their products to that image; but once you're beyond that they are every bit as deceptive and secretive as Microsoft. They've essentially convinced an entire class of consumers to think that they are "different" from everyone else when they really just aren't. The inferiority comes from reacting vehemently over any thing that is said along those lines, which is why, like my initial post, this will be modded down to -1 TROLL in no time.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    12. Re:I'm confused by The+Moof · · Score: 1

      You don't see Steve Jobs with sweaty underarms, do you?

      Don't know, can't see through his fancy white plastic shirt.

    13. Re:I'm confused by Anonymous Coward · · Score: 0

      There is one major difference from them and Microsoft. It's something called an operating system. I'm sure you have heard of them. Apples whether for better or worse, is distinctly different from Microsofts.

      As for as a company, we can say they are all the same, as their goal is to make money. So in that respect, you might be right.

      If Apple manufactured their hardware in the states I would be willing to blast everyone who knocks them, since I like the unix based OS more then windows post server 2000 by far.

      But really, it's perceived simplicity and style that gets people all pumped about Apple. Not like people think of them as the tech version of Ben and Jerry's out there saving the world like a bunch of good little hippies.

      Take note apple, I might pay even slightly more, if you bring some manufacturing to the states. And blast this guy on here for his silly attempts to compare you to evil Microsoft! :)

    14. Re:I'm confused by UnknownSoldier · · Score: 1

      > There is one major difference from them and Microsoft. It's something called an operating system. I'm sure you have heard of them. Apples whether for better or worse, is distinctly different from Microsofts.

      > But really, it's perceived simplicity and style that gets people all pumped about Apple.

      You mean like that the fact that:
      - Apple Updates actually shows you can icon next to the software if installing it requires a reboot?
      - The ability to drag and drop your favorite folders in the common open/save dialog box?
      - There are no Windows Genuine Annoyances when installing the OS
      - I don't have ever dam app wasting screen space with its own menu, instead of just once
      - Try using Expose sometime if you have still have trouble with "percieved simplicity"

      Apple was _writing_ OS's long before MicroShaft even attempted one. It's the little details of _usage_ that seperates Apple from Microsoft. Let me know when Microsoft adds a "No to all" button when copying files. How many years did that take? Why does Microsoft have to constantly keep moving the users home director -- can't they get it right the first time like Unix?

      The difference is that Apple isn't afraid to shaft its own customers by obsoleting its previous hardware (6502 -> 68000 -> PPC -> x86, OS9 -> OSX) because the change in the long run is better then piling hack upon hack.

      Apple still sucks -- they just suck less then Microsoft.

    15. Re:I'm confused by Anonymous Coward · · Score: 0

      They've essentially convinced an entire class of consumers to think that they are "different" from everyone else when they really just aren't.

      An "entire class" is ipso facto different from non-members of the class... just sayin'

    16. Re:I'm confused by McDutchie · · Score: 1

      which is why, like my initial post, this will be modded down to -1 TROLL in no time.

      Which is why you're now at "5, Insightful". Works almost every time. Which is why your post is in fact a troll. The mods should stop falling for it.

    17. Re:I'm confused by Anonymous Coward · · Score: 0

      Secretive? Sure, although I've never been presented with a concrete example of Apple "hiding" anything more sinister than your typical trade-secret-type stuff.
      Deceptive? Please. About what? Certainly not the kind of blatantly illegal abuse of monopoly position that Microsoft has been convicted for.
       
      As popular as it is among the technically savvy crowd to bash Apple in general, to attempt to describe Microsoft (convicted abuse-of-monopolist, vendor of consistently mediocre (often outright bad) software, etc.) and Apple as some how comparable on any level more sophisticated than "companies which sell computer software" is ignorant at best, and dishonest at worst.

    18. Re:I'm confused by extrasolar · · Score: 1

      Well, I think this notion that slashdot has groupthink is accurate, only it's a schizophrenic groupthink with multiple personality disorder.

    19. Re:I'm confused by Anonymous Coward · · Score: 0

      Anyone here who thinks that Jobs or Apple has an inferiority complex doesn't understand why Apple is so successful. If there is one company that has been sure of itself the last 10 years, it's Apple. Like them or not, they've always thought they were better than Microsoft -- it's just hard to gain market share with a monopoly in play. Yet, of course, that hasn't stopped them. If anything, they have an elitist complex. I can't believe such a bad troll (or perhaps just an idiot?) got modded up to +4.

    20. Re:I'm confused by TheRaven64 · · Score: 1

      Apple still sucks -- they just suck less then Microsoft.

      So true. It's a shame. NeXT's objective was to 'produce the best computer possible with the current technology' and they succeeded. In many ways, their system was better than current operating systems and had much lower hardware requirements (google NSDataLink sometime, for example). Apple's products, in contrast, are a long way away from being the best that it's possible to build. Given any of their current lineup, I can easily point to a dozen ways in which they can be improved without really trying. The only reason they sell so well is that the competition is a lot worse.

      Of course, NeXT never made much money, because the market for 'the best possible' is a lot smaller than the market for 'doesn't totally suck'. As the other poster said, you don't have to outrun the wolf, just the slowest member of your party. You don't have to be good, just better than the competition. Any money spent improving your product beyond that level is wasted.

      --
      I am TheRaven on Soylent News
    21. Re:I'm confused by JAlexoi · · Score: 1

      Apple's corporate marketing sucks, big time. On the other hand MS corporate marketing is the ones that left IBM in the early 90-ies.

  7. I posted to the wrong story. by JO_DIE_THE_STAR_F*** · · Score: 5, Insightful
    I just posted this in the last story (Happy 40th Birthday, Internet RFCs)

    From the article "It probably helped that in those days we avoided patents and other restrictions; without any financial incentive to control the protocols, it was much easier to reach agreement." Exactly why patents don't work in their current form.

    Now it seems more appropriate for this story.

  8. Prior art, obvious by Todd+Knarr · · Score: 5, Informative

    *sigh* Patent 5155847, referenced in Apple's patent, covers everything Apple's does. The only differences are obvious minor adaptions based on the different communications channels in use, things any network programmer does automatically every day.

    1. Re:Prior art, obvious by Shrike82 · · Score: 1

      Too late, the patent's been granted. Or can a patent be revoked? I didn't think they could.

      Whatever tiny tweak they've made (looks like it being "transparent to the user" from posts above) seems to have been enough to get the patent approved and now results in yet another patent troll scenario.

      --
      You can advertise in this sig from as little as £99.99 a month!
    2. Re:Prior art, obvious by ThrowAwaySociety · · Score: 2, Informative

      *sigh* Patent 5155847, referenced in Apple's patent, covers everything Apple's does. The only differences are obvious minor adaptions based on the different communications channels in use, things any network programmer does automatically every day.

      You fail patent law 101.

      The reasons those references are there are to point out that yes, the filer knew about those inventions and yes, the filer believes that the new invention is sufficiently different to be patentable, and yes, Mr. Trammel, examiner of record, and Mr. Corcoran, assistant examiner, please do look over these other patents, because we are damned sure that our invention is sufficiently different from them that it is patentable, and we are not afraid to tell you about them.

    3. Re:Prior art, obvious by Todd+Knarr · · Score: 1

      The impression I get is more "We claim our patent's sufficiently different, so please don't bother looking over these other ones that we mention only to avoid getting nailed later for willful deception when one of our targets brings them up.". Having read the two patents, I fail to find any claims in Apple's that aren't covered in essentially the same form in the earlier patent, which I believe in patent law is exactly the definition of prior art.

    4. Re:Prior art, obvious by Anonymous Coward · · Score: 0

      dselect existed before this patent was filed too. The only difference is that the user has to select "install" before dselect replaces itself with a new version of dselect.

      This is about as inventive as amazon's one-click ordering.

    5. Re:Prior art, obvious by Ilgaz · · Score: 1

      It is really interesting that someone could come up with such a modern idea (which is not really implemented on Desktop) back in 1988. I mean, we wouldn't be having 400 MB OS updates if it could be reliably implemented on Desktop operating systems.

    6. Re:Prior art, obvious by Todd+Knarr · · Score: 1

      Actually, we still would. 1988 or 2009, you still have to download the updated components from the central server before you can install them locally. It's just that back in 1988 the entire OS didn't occupy 400MB, or even a tenth that. And that it hasn't been implemented on Windows simply isn't relevant as far as patents go. You don't see it often simply because it's usually not needed. Very few desktop applications need on-the-fly updating, and it's just simpler to update them at startup instead of adding the code needed to do it while they're running. Web-based applications obviously don't have that added complexity, the browser's always been designed to automatically update components that've been updated on the server the next time a page that uses them is loaded or reloaded (it follows directly and inevitably from having a local content cache).

      Children. No sense of history. You probably think the whole mess over how to make Web applications more interactive and responsive to the user is something new too.

  9. Use of this patent against web browsers? by l0ungeb0y · · Score: 2, Interesting

    If you read this claim, it seems that any webpage loaded through a caching web-browser *could* fall under it.

    1. A method for automatically updating software programs on a computer, comprising the steps, of:

    storing an updated version of a program at a designated location in a remote memory that is accessible to the computer;

    Being that most browsers will check a cache to see if it already has your content, the act of overwriting the cache before loading the asset for your page seems to run afoul of this auto-update process.

    1. Re:Use of this patent against web browsers? by GigaHurtsMyRobot · · Score: 1

      Except that web pages are not programs.

    2. Re:Use of this patent against web browsers? by Kelson · · Score: 3, Insightful

      Except that web pages are not programs.

      The line's blurring. Ever use Google Documents?

    3. Re:Use of this patent against web browsers? by Maxo-Texas · · Score: 1

      Exactly...

      javascript is merely another form of html as is ajax, flex, and other advanced html rendered web pages.

      Not programs at all- move along- nothing to see here.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    4. Re:Use of this patent against web browsers? by Anonymous Coward · · Score: 0

      It's still a content vs. application argument.

    5. Re:Use of this patent against web browsers? by rgviza · · Score: 1

      Nope. It's source code. It's not a program til the browser loads it and is interpreting the markup and script. The file your browser downloads is called "source code". Programs are compiled source code.

      Arguably what runs on a server to produce the markup is the program, but not til it's executing, and this is updated on the server, not the client.

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    6. Re:Use of this patent against web browsers? by shentino · · Score: 1

      But I interpret my programs you insensitive clod!

    7. Re:Use of this patent against web browsers? by Anonymous Coward · · Score: 0

      I would say that web caching is the opposite of Apple's patent. You request the new 'program', and your system transparently and automatically gives you the old one because they seem to be the same.

    8. Re:Use of this patent against web browsers? by Rockoon · · Score: 1

      Why aren't they programs?

      Be very careful now. You may accidentally define scripts as non-programs, pcode such as java, and maybe even binaries run under an emulator.

      --
      "His name was James Damore."
    9. Re:Use of this patent against web browsers? by Rockoon · · Score: 1

      The binaries executed via my emulator are just source code too.

      In fact, the modern x86 itself is simply an interpreter (based in hardware) which translates programs into a RISC language which can be natively executed.

      Let me be clear. Your idea of "compiled programs" is call machine code, also known as machine-readable source code.

      --
      "His name was James Damore."
    10. Re:Use of this patent against web browsers? by Anonymous Coward · · Score: 0

      Really!?!?!? It's not a program? It's called source code of the program for a reason. Source code is as part of a program as a compiled binary is. Should I remind you that people used to program IN binary? That being, a program that can only exist in a source code representation, is still a program.

  10. Why wait for their decision? by its_schwim · · Score: 1

    The articles linked seem to act as if there's only one update scheme in existence and we need to sit patiently until Apple decides if we can use it or not. In my humble opinion, tell Apple to shove their update schema until they reach their elbow and write a(or utilize an already written)schema that is deemed to differ from this ridiculous patent enough to be used. Oh, and quit buying their damned products too. You guys are just encouraging them.

    1. Re:Why wait for their decision? by hkmwbz · · Score: 1

      The articles linked seem to act as if there's only one update scheme in existence and we need to sit patiently until Apple decides if we can use it or not.

      No it doesn't. In fact, TFA clearly states that this means a lot of extra work trying to figure out if the patent actually applies, and if it does, come up with something different. This is going to cost a lot of W3C members a lot of money.

      --
      Clever signature text goes here.
  11. Bunch of hypocrites by _avs_007 · · Score: 4, Interesting

    Apple is a member of the W3C, and even advertises on it's own web page (Click Here) that it supports an immutable commitment to royalty free licensing on W3C standards, per the W3C patent policy. Sounds like Apple is only interested in other companies licensing Royalty Free terms to them, but not the other way around....

    1. Re:Bunch of hypocrites by iYk6 · · Score: 5, Funny
    2. Re:Bunch of hypocrites by tb3 · · Score: 4, Informative

      Geez, did you even read that page?

      To accomplish this, a W3C member would be required to disclose and license to any practitioner all essential patents of a W3C standard. To exclude a patent from this royalty-free license, a W3C member could, on a case-by-case basis, notify a particular working group that it has patent rights that it believes are essential to that working group's recommendation, and that it is unwilling to license on a royalty-free basis.

      Which is exactly what they're doing. You can accuse them of being patent-trolls, and using vaguely-worded, over-generalized patents, but you can't say they're being hypocritical. They're behaving exactly as they promised they would.

      --

      www.lucernesys.comHorizon: Calendar-based personal finance

    3. Re:Bunch of hypocrites by _avs_007 · · Score: 1

      Yes I did read that page. (I work in these types of standards bodies for a living)... Anyways, my point was that they are painting how fundamental it is for royalty free licensing. They even mention that the standard RAND terms are often abused by companies seeking to control access to technologies.... So even tho are are technically in the right by excersizing their right to refuse RF licensing, they ae contradicting the overall message/spirit of their statement by doing so. They claim that companies abuse RAND terms to control access to a technology, and say that mandatory RF terms solves this, but then they use the loophole to refuse RF terms, to control access to said technology... Besides, it also talks about obligations to RF terms could be hinged on granting of reciprocal RF licenses by any practitioner. Sounds like it means if the other W3C members wanted to, they could all refuse to license RF terms of other technologies to Apple unless Apple agrees to RF terms for the technology in question... I've seen companies do this in other standards bodies all the time... I've even seen it go so far as companies leaving the standards bodies over crap like this...

    4. Re:Bunch of hypocrites by Me!+Me!+42 · · Score: 1

      Exactly. Being a W3C member is about creating open standards and does not imply or require signing away all one's IP.

      --
      -- My apologies if the above facts contain any opinions, or vice versa! --
    5. Re:Bunch of hypocrites by Sandbags · · Score: 2, Informative

      Yes, exactly. Apple had this patent already. The W3C royalty free licence includes the NEW, currenlty unpatented technologies being rolled into the standard. Any company that has an existing patent that W3C tries to leverge a technology protected by has the right to notify the W3C and let them know they're infringing, and then decide wether or not to licence that technology to the group.

      Apple may very well want this technology to be a part of W3C, but if they don't want it to also become available royalty free to everyone else, then it has to be LICENCED by the W3C and appropriate fees must be paid to Apple. This does not mean that the W3C technologies would include Royalties, just that the group members designing it would have to pay Apple for that piece of the technology in the form of a one-time fee, or they'll have to design around it...

      --
      There is no contest in life for which the unprepared have the advantage.
    6. Re:Bunch of hypocrites by _avs_007 · · Score: 1

      I haven't taken a close look at the W3C member's agreement, but many other standards bodies remedy this by forming a patent pool that is freely accessible only to other member companies.

    7. Re:Bunch of hypocrites by Anonymous Coward · · Score: 0

      Apple sues journalists.

      About the only company that makes Microsoft look honorable.

    8. Re:Bunch of hypocrites by Yvan256 · · Score: 1

      Hah-Ha! - Nelson Muntz

    9. Re:Bunch of hypocrites by hkmwbz · · Score: 1

      Being a W3C member is about creating open standards and does not imply or require signing away all one's IP.

      This is nothing but a straw man. This is not about "all of Apple's IP", it's about a software patent covering automatic updates. A software patent! Are you really saying that this single patent is all of Apple's IP? Also, it's funny how other W3C member companies license their patented technology royalty-free... Do they lose all their IP as well? Does licensing something royalty-free to W3C mean that Microsoft open-sources Windows and places it under a BSD license? Geez.

      --
      Clever signature text goes here.
    10. Re:Bunch of hypocrites by hkmwbz · · Score: 1

      Apple refused to license it royalty-free, which is what all of this is about. And why should license fees be paid to Apple and no one else? Everyone else seems to be able to license stuff royalty-free to the W3C, so why not Apple? Furthermore, this is a software patent!

      --
      Clever signature text goes here.
    11. Re:Bunch of hypocrites by Me!+Me!+42 · · Score: 1

      Talk about a straw man!
      The point is that members get to decide what IP they want to release to the consortium. Horse trading is done! Maybe Apple has plans for this patent and does not care to release it. Membership is not an obligation by a company to release ANY of their IP.
      There are many ways the consortium could circumvent this without the Apple patent, a few of which have been outlined by others in this forum. All they have to do is decide to do it.
      Get yer head out of your high horse's arse! (or some similar mixed metaphor.)

      --
      -- My apologies if the above facts contain any opinions, or vice versa! --
    12. Re:Bunch of hypocrites by hkmwbz · · Score: 1

      The point is that members get to decide what IP they want to release to the consortium. Horse trading is done! Maybe Apple has plans for this patent and does not care to release it. Membership is not an obligation by a company to release ANY of their IP.

      It's a software patent. And other companies seem to have no problems issuing royalty-free licences for their own patents. I guess this is because everyone else sees software patents as being defensive, and Apple is seeing trouble on the horizon (see the Palm Pre lawsuit threats), and is planning to become a patent troll.

      There are many ways the consortium could circumvent this without the Apple patent, a few of which have been outlined by others in this forum. All they have to do is decide to do it.

      "All they have to do", as if it's that simple. The bottom line is that Apple has used a software patent to block the open standards process. Since this is the widgets spec and we know that Apple has proprietary interests in that area, it isn't unlikely that Apple is yet again pulling dirty punches.

      --
      Clever signature text goes here.
    13. Re:Bunch of hypocrites by Me!+Me!+42 · · Score: 1

      Bingo!'
      Sandbags has summarized the issue nicely.
      Upshot for those with a short attentions span, the W3C is a cooperative relationship, not a shotgun wedding.

      --
      -- My apologies if the above facts contain any opinions, or vice versa! --
    14. Re:Bunch of hypocrites by Me!+Me!+42 · · Score: 1

      Its a preexisting patent, not a "blocking" patent.
      It appears you have a preexisting conflict of some kind with Apple.
      Contrary to what you imply, Apple has released literally hundreds of thousands of man hours of their work to open standards, open source, etc. (Darwin QuickTime components, driver code, etc. others could list this better than I can.)
      There is always someone screaming about what a meanie Apple is etc. but in the end we don't hear much about it. Why? Because Apple makes a genuine effort to do good things in this area and has made significant contributions to open standards and computing in general.

      --
      -- My apologies if the above facts contain any opinions, or vice versa! --
    15. Re:Bunch of hypocrites by _avs_007 · · Score: 1

      Because Apple makes a genuine effort to do good things in this area I used to think the same thing about Apple, until I had the misfortune of working with both their standards guys and engineers in various standards bodies. I won't go into detail, but I will say that I typically run into more issues with them than other companies. But my biggest gripe is the tact of the guys they send to these things.

    16. Re:Bunch of hypocrites by hkmwbz · · Score: 1

      Its a preexisting patent, not a "blocking" patent.

      That's besides the point. The point is that they are using their SOFTWARE patent to block or slow down the standards process.

      Apple makes a genuine effort to do good things in this area and has made significant contributions to open standards and computing in general.

      So why have they suddenly decided to become assholes? It's the same with the HTML5 video tag. They insisted on NOT having a baseline free, open video codec (no, no one asked them to give away QuickTime), basically undermining the whole point of a video tag in the first place.

      --
      Clever signature text goes here.
    17. Re:Bunch of hypocrites by Me!+Me!+42 · · Score: 1

      I thought you had a problem with Apple, but it appears your gripe is with the W3C process and even more so with the whole system of software patents, the patent office, and anyone who files for a software patent.
      For me that conflicts with the whole "create things," "run a business," "make money from your work" thing. I'm all for open source, standards, and direct competition, but I think IP and software patents have a place in that milieu.
      If you want patent laws changed to be more fair, I'm all for that too. But that cannot be done piecemeal, it needs to be done from across the board and from a principled, and logical stance. (Not likely to happen though.)

      --
      -- My apologies if the above facts contain any opinions, or vice versa! --
    18. Re:Bunch of hypocrites by hkmwbz · · Score: 1

      I thought you had a problem with Apple, but it appears your gripe is with the W3C process and even more so with the whole system of software patents

      No, the problem is with Apple (and also software patents). Apple is using a patent to block the open standard process.

      For me that conflicts with the whole "create things," "run a business," "make money from your work" thing.

      There is no "work" in patenting something obvious and preventing other people from doing that obvious thing. Especially when it's a software patent. Somehow other W3C members are making money just fine. What's preventing Apple from making money if they give out a royalty-free license for this patent?

      --
      Clever signature text goes here.
    19. Re:Bunch of hypocrites by JAlexoi · · Score: 1

      have to pay Apple for that piece of the technology

      But since Apple does not actually have that piece of technology, just the idea for it, WTF are you talking about?

    20. Re:Bunch of hypocrites by Sandbags · · Score: 1

      Many companies gave patents into the pool for this technology, INCLUDING APPLE, but this PARTICULAR technology they are refusing to give away free. Other companies in the pool have ALSO enforced such rights. Apple is not alone in refusing to allow a particular patent to be royaly free for the use by W3C.

      This particular patent, though technically software, is a VERY unique, and complicated, logical method of auto-update. It's a whole series of complex steps and algorithms to support one piece of code replacing ITSELF without user interruption, program interruption, or visual notifications.

      Here's a question for you: How do you compile a new compiler from within your own compiler overwriting said compiler without interupting the compiling process? Have you seen this trick done before? I have not. This is a HUGE patent that will eventually apply to every OS on the market. There's NO WAY apple's giving this away free for something as novel as W3C which does not explicity require such a technology...

      --
      There is no contest in life for which the unprepared have the advantage.
    21. Re:Bunch of hypocrites by Sandbags · · Score: 1

      Just because they're not using the auto-update patent technology in a currently marketed piece of kit does NOT mean Apple is not actively developing that technology into upcoming products. OS X for Intel was in development for nearly 7 years before we saw it on the market.

      Did you READ this patent? It's game changing for every OS and device on the market! The ability to insert new code in place of existing RUNNING code WITHOUT interrupting the app of the user!?!?! Would YOU give that patent away for free???

      --
      There is no contest in life for which the unprepared have the advantage.
  12. Re:New Slashdot Prior-Art system (SPAS) by hedwards · · Score: 1

    Um, the patent was filed in 1995, I believe that anything after the patent was file wouldn't count for prior art. I'm not sure how anything could be patented if that were the case.

    And you certainly wouldn't see any items appearing until the patent was granted.

  13. Is Apple a W3C member? by Anonymous Coward · · Score: 0

      They should be booted out if so.

  14. Apple behaving badly by javacowboy · · Score: 1

    First of all, I'm not entirely sold on the source of this story, since it does come from Opera's website.

    Assuming this story is true, and while I normally rush to Apple's defence, this is totally unacceptable. This sort of patent stockpiling is getting as bad as that of Microsoft or IBM. Worse, at least IBM uses some of their patents to protect open source projects (and I'm not an IBM fan by any means).

    I'm not sure what their purpose is, other than to give their browser a leg up over those of their competitors.

    --
    This space left intentionally blank.
    1. Re:Apple behaving badly by Cube+Steak · · Score: 1

      First of all, I'm not entirely sold on the source of this story, since it does come from Opera's website.

      Then don't believe opera and go straight to the W3C page that is the third link the summary: http://www.w3.org/2009/03/widgets-pag-charter

      The Widgets Updates Patent Advisory Group is a Patent Advisory Group (PAG) as defined by the W3C Patent Policy (PP).

      The mission of this Patent Advisory Group is to study issues and propose solutions related to a patent disclosure from Apple, Inc., concerning the Widgets 1.0: Updates Working Draft.

      This PAG is triggered by Section 7.1 (PAG Formation) of the Patent Policy, which states that a PAG is triggered in the event "a patent has been disclosed that may be essential, but is not available under W3C Royalty-Free licensing requirements". The specific patent is 5,764,992 (U.S.), held by Apple, Inc. Apple Inc. has excluded all claims of patent 5,764,992 (U.S.)

      I know this summary is a whopping 2 sentences long but you could have made yourself look like less of a dumbass by reading it.

    2. Re:Apple behaving badly by caerwyn · · Score: 1

      The Opera link is only one of three. Another links to a page about the recently formed Patent Advisory Group for this problem at the W3C site.

      --
      The ringing of the division bell has begun... -PF
    3. Re:Apple behaving badly by R2.0 · · Score: 1

      IIRC, most of IBM's patents are for devices and physical processes, just like patent were supposed to be for.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    4. Re:Apple behaving badly by AnalPerfume · · Score: 1

      In theory patents are supposed to promote innovation. In reality they are used by incumbents to pull up the ladder and avoid new competition. Where a group of players can all cross-license with each other it means any new competitor would have to pay a fortune to everyone else just to play, which means they stand zero chance of growing into a threat.

      I'm not against the general principle of patents on certain things but it seems logical to have provisos like:

      1 - You must be the inventor of something to apply for a patent on it.
      2 - You must have that product on the market, stopping production invalidates the patent.
      3 - The patent must be short term to allow you to recoup your costs in inventing it and profiting from it.
      4 - It must not inhibit innovation.
      5 - It must not be obvious.
      6 - It must be declared to any partner who may choose to implement it BEFORE they decide to start work implementing it.
      7 - If it's not declared or pointed out at the first opportunity, the patent cannot be legally enforced on that product.
      8 - Any accepted ISO standard should be patent free, with the patent holder waving rights to the patent in the application. Failure to declare / wave those rights nulls the application.

      You can think of plenty more sensible conditions that should apply. Those spilled over to ISO stuff too. They were also about patents in general rather than software patents. I don't see any advantage to customers or the innovation of software to software or business method patents.

      In part this is also about submarine patents which I think are VERY bogus and need addressed. Microsoft KNEW they held the FAT patents before it became a standard and didn't declare it until YEARS later when it was everywhere. Whether or not their FAT patents will hold scrutiny in court is beside the point here. The point here is that they INTENTIONALLY didn't say a word while it was spreading. Patent laws should FORCE a patent holder to declare their ownership early on, giving the other parties the chance to either pay a license or choose a different option. If they stay shtumm the patents involved should be null, regardless of their initial validity. It also applies to MONO, Silverlight, OOXML etc.

    5. Re:Apple behaving badly by hkmwbz · · Score: 1

      Are you trolling? The source of this story is the W3C WEBSITE! And it isn't even about patent stockpiling (even Opera does it, for defensive purposes). It's about Apple being a roadblock for open standards.

      --
      Clever signature text goes here.
    6. Re:Apple behaving badly by falconwolf · · Score: 1

      First of all, I'm not entirely sold on the source of this story, since it does come from Opera's website.

      Okay, try this: "Apple refusing royalty-free license to widget patent". The CNet article says nothing about Opera.

      Assuming this story is true, and while I normally rush to Apple's defence, this is totally unacceptable.

      Yea, it is unacceptable.

      This sort of patent stockpiling is getting as bad as that of Microsoft or IBM.

      Software should not be patented period!!!

      Worse, at least IBM uses some of their patents to protect open source projects

      Apple supports open source projects as well. Apple Developer Connection has a website for open source. And if you search Apple's download section you can find a lot of open source software.

      Falcon

  15. Consider the patent... by Mike1024 · · Score: 5, Informative

    The broadest claim the patent makes (bullet points mine):

    1. A method for automatically updating software programs on a computer, comprising the steps, of:

    • storing an updated version of a program at a designated location in a remote memory that is accessible to the computer;
    • launching a current version of the program that is stored in memory of the computer, wherein said current version carries out the following steps independent of functions performed by any resource external to said current version:
      • detecting whether a version of the program is stored in the designated location;
      • determining whether a detected version of the program stored at the designated location is more recent than the current version of the program which is running;
      • replacing the current version of the program with a more recent version that is stored at the designated location; and
      • subsequently executing the more recent version of the program on the computer.

    Could one not simply have the client software send a request to the server software saying "send me the stored version, if it is modified since version 12.34"

    Hence it would not be the current version carrying out the action of determining whether a the newest version of the program is more recent than the current version of the program; rather it would be being performed at the server.

    Indeed, HTTP already includes an "If-Modified-Since" header the client can send to the server, though the HTTP header uses a date rather than a version number.

    --
    "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
    1. Re:Consider the patent... by _avs_007 · · Score: 1

      You could also use RSS or ATOM feeds.

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

      Are you mad? Next post on /. will be about how the application is invading your privacy by telling Apple (or whoever made the application) the version number you're running.

      I seem to remember a lot of fuss about a mere calculator which picked up currency rates from the net and was *perhaps* *maybe* sending a version number. It'll be that all over again, but now for real.

    3. Re:Consider the patent... by gilgoomesh · · Score: 1

      You're assuming the average Slashdot reader has a clue about how to read a patent. They prefer to look at the title only and then get mad and blame the corporashuns.

    4. Re:Consider the patent... by Sp*rH*wk · · Score: 1

      I think ETAGS are a closer match to version numbers

      HTTP includes "If-None-Match"

    5. Re:Consider the patent... by ruiner13 · · Score: 1

      Isn't that what Java Web Start does?

      --

      today is spelling optional day.

  16. Re:New Slashdot Prior-Art system (SPAS) by cellurl · · Score: 1

    ok, 1995. But still, These "replace thyself" systems have been around since the Gemini program!

  17. Will W3C strike back? by phobot · · Score: 5, Funny

    It will be great if the W3C sort-a ban apple from using the HTTP and other W3C tech in OS X...when your the owner you can give and take permission whenever you like so...give em' a taste of they're own medicine. I'll die laughing if that happens!

  18. without interruption of its primary function... by krischik · · Score: 4, Insightful

    ... and in a manner that is completely transparent to the user of the computer.

    In my book that means: no need for a restart. Completely different from what i.E. FireFox / Thunderbird and the like do - needing to ask the user to stop with his / her work in order to perform the update.

    Not trivial.

    1. Re:without interruption of its primary function... by geoffrobinson · · Score: 3, Insightful

      Not trivial to implement. Is the concept itself worth a patent?

      --
      Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    2. Re:without interruption of its primary function... by ColdWetDog · · Score: 5, Informative

      ... and in a manner that is completely transparent to the user of the computer.

      And in a manner that Apple doesn't use. Software updates on OS X always ask the user. And depending on what it's updating, you may have to restart a program or reboot. The patent (from 1995) is pretty clear that it has to be completely transparent to the user which implies not only no reboot, but no notification. Anybody tries that on my machine gets the software booted off right quickly.

      --
      Faster! Faster! Faster would be better!
    3. Re:without interruption of its primary function... by Shrike82 · · Score: 4, Interesting

      Well yeah, but it's still a very general concept that's been patented. I have nothing against patents; I just object to this kind. Personally I feel it's an abuse of the patent system, just like these moronic patent troll companies that do nothing except file patents (no development or practical invention) and expect free money when their idea becomes practical or mainstream.

      Yeah, I'm a grumpy old man...what of it...

      --
      You can advertise in this sig from as little as £99.99 a month!
    4. Re:without interruption of its primary function... by Firehed · · Score: 2, Informative

      Wait, what? Reading the patent excerpt suggests that this is no different than doing <script src="http://some.external.site/latest.js"</script>. Or just visiting ANY web app, for that matter - except when dealing with Flash Player, I'm automatically using the latest version of the site without any need to update things at my end.

      It would be one thing if any Apple software actually DID this sort of automatic, transparent updating - including their own Dashboard Widgets. If anyone can point me to an example of software from Apple (or anyone else, for that matter) that does this, I could see some level of validity; as far as I'm concerned if they haven't implemented it then this is just patent trolling. The closest I've seen are apps that use the Sparkle update framework which is fairly seamless (better than Apple's Software Update, IMO) but still requires you to give the OK to a download and then a restart. Panic's Coda automatically DLs updates in the background but, again, requires a restart to take effect. I'm certainly no lawyer, but it seems that a required restart of the app would go against the idea of no user interference or required user intervention.

      --
      How are sites slashdotted when nobody reads TFAs?
    5. Re:without interruption of its primary function... by Your.Master · · Score: 3, Insightful

      Patents don't cover concepts. They only cover implementations. So the question is moot.

    6. Re:without interruption of its primary function... by DustyShadow · · Score: 2, Insightful

      Wait, what? Reading the patent excerpt suggests that this is no different than doing <script src="http://some.external.site/latest.js"</script>. Or just visiting ANY web app, for that matter - except when dealing with Flash Player, I'm automatically using the latest version of the site without any need to update things at my end.

      Did you read the claims? Cause that's all that matters. The abstract and spec do not define the invention (with a couple minor exceptions). (Disclaimer: I haven't read the patent)

    7. Re:without interruption of its primary function... by ObsessiveMathsFreak · · Score: 1

      Not trivial.

      Maybe. But that doesn't mean it was not obvious.

      --
      May the Maths Be with you!
    8. Re:without interruption of its primary function... by onecheapgeek · · Score: 1

      Also not utilized by Apple. Apple has not released an update that I cn recall that didn't require stopping the program being updated (if not an full machine restart).

    9. Re:without interruption of its primary function... by mweather · · Score: 2, Interesting

      You don't have to implement an idea to patent it. In fact, you can't patent an implementation of a concept, only the concept itself. Copyright covers specific implementations.

    10. Re:without interruption of its primary function... by Locutus · · Score: 1

      They learned from the US banking system that you can make lots of money from nothing( or maybe they learned from Microsoft ) and if you get out before it all collapses, you walk away filthy rich.

      They learned they can purchase patents, pay some lawyers to write up threats, tie them up in the court system and eventually milk a steady stream of income from those they attack. Easy money while it lasts and these people have no concept of what's right or wrong. It's what they can get away with and how much they can get while doing it. IMO

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    11. Re:without interruption of its primary function... by ianare · · Score: 1

      I don't see the implementation in the patent docs, only a description of a concept. And by implementation, I mean the only valid kind for software - source code.

      So the patent is moot.

    12. Re:without interruption of its primary function... by Anonymous+Psychopath · · Score: 5, Informative

      Patents don't cover concepts. They only cover implementations. So the question is moot.

      Close. Patents aren't supposed to cover concepts. Rampant abuse of the patent system has been a problem in this area for some time now.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    13. Re:without interruption of its primary function... by morgauxo · · Score: 1

      But how is it not obvious? I mean, do people like having to restart? Since the begining of software updates when was the first time someone thought.. hey it'd be nice if I didn't have to restart when this is done? And how many other people had the same thought shortly afterward? Why should Apple get exclusive use of this concept and/or money from anyone who does use it just b/c they filed a piece of paper first. It's rediculous, such patents should not be allowed at all and companies or individuals that file them should be fined to help pay for the hours they waste at the patent office.

    14. Re:without interruption of its primary function... by Your.Master · · Score: 5, Informative

      No, copyright covers expressions. Patent covers inventions. Nothing covers concepts.

      A large part of the problem here is that in software, the line between concept and implementation is blurred. But let's make an analogy to mechanics:

      If you have a sandwich making machine patented, somebody can't just make a sandwich machine out of a different material without your permission. But they can still make a sandwich machine, so long as it doesn't stomp on the specific claims of the patent. The concept "sandwich machine" isn't protected, only doing a sandwich machine via a certain method.

      You're right that you don't have to implement an idea to patent it. But your patent still only covers such an implementation, even if it's never done.

    15. Re:without interruption of its primary function... by Dog-Cow · · Score: 0

      Wow. Could you be more wrong?

    16. Re:without interruption of its primary function... by Your.Master · · Score: 1

      I believe the requirement for a patent is to disclose sufficient description for one "skilled in the art" to be able to repeat the invention, not necessarily give the entire recipe.

      I'm not saying that's necesdsarily right, I'm not commenting on whether I think this patent is valid or if software patents in general are valid.

    17. Re:without interruption of its primary function... by eiMichael · · Score: 1

      So like google's Chrome?

    18. Re:without interruption of its primary function... by Anonymous Coward · · Score: 0

      The idea of auto-update without restart is trivial. It's much simpler than the idea of "download update, prompt user, install update and restart". The implementation isn't, but that's not what this is about. I don't understand how such a simple idea could be patented in the first place.

    19. Re:without interruption of its primary function... by Anonymous Coward · · Score: 0

      It is totally trivial. The reason why it's not done is purely technical, there's no indication that this is not what IE and Firefox have always wanted to do.

    20. Re:without interruption of its primary function... by Anonymous Coward · · Score: 0

      Completely transparent updates are an obvious goal. What should be patentable is the way of actually pulling it off, not the idea that you want to do it.

    21. Re:without interruption of its primary function... by Anonymous Coward · · Score: 0

      Worse yet, this doesn't even seem to be a "defensive patent" if they are actively looking to charge for it's use.

    22. Re:without interruption of its primary function... by Anonymous Coward · · Score: 0

      Chandler?

    23. Re:without interruption of its primary function... by simple_01 · · Score: 1

      Lucky for us that patents did not exist when spoken language was created. Imagine how verbal communication would look today if that was the case :)

    24. Re:without interruption of its primary function... by mkcmkc · · Score: 1

      Patents don't cover concepts. They only cover implementations.

      You must be new here. (in the US)

      --
      "Not an actor, but he plays one on TV."
    25. Re:without interruption of its primary function... by Anonymous Coward · · Score: 0

      I don't understand this sandwich-making weirdness.

      Could you please give a car analogy?

    26. Re:without interruption of its primary function... by Godji · · Score: 1

      Not trivial.

      Which is why they are free to copyright their own implementation of not trivial. But if I go and make that work for my own software, Apple and the broken American patent system can suck my virtual dick.

    27. Re:without interruption of its primary function... by Tubal-Cain · · Score: 1

      You can patent various technologies integrated into vehicles, but you can't patent "car".

    28. Re:without interruption of its primary function... by AHuxley · · Score: 1

      ABS unit phones home and gets an update after the manufacturer has 6 months of real crashes to fine tune it?

      --
      Domestic spying is now "Benign Information Gathering"
    29. Re:without interruption of its primary function... by guruevi · · Score: 1

      Except that with most current patents, the inventor just patents "making an edible substance based on derivatives of farming" and not only gets away protecting their 'invention' but can also sue (and will do if necessary) anybody making a sandwich, hot dog, hamburger and anything else that involves bread in any form, way or method.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    30. Re:without interruption of its primary function... by dudpixel · · Score: 1

      The patent (from 1995) is pretty clear that it has to be completely transparent to the user which implies not only no reboot, but no notification. Anybody tries that on my machine gets the software booted off right quickly.

      But if there was no notification - how would you know?

      --
      This seemed like a reasonable sig at the time.
    31. Re:without interruption of its primary function... by k8to · · Score: 1

      Ericcson has been doing this on phone switches for decades.

      No, it's not in general use, and it's not trivial, but it's also not new.

      --
      -josh
    32. Re:without interruption of its primary function... by jc42 · · Score: 1

      Software updates on OS X always ask the user.

      So can you (or anyone outside Apple) prove that? How would we know (as opposed to believe) that what they tell us is true.

      After all, not all of OS X or its apps are open source. If your Mac is connected to the Internet, some of the closed-source portions could be doing unannounced updates. And if you look for packet traffic, you tend to find it, because of all the apps (e.g. web browsers with pages that do auto-refresh) that generate low-level traffic when "idle". It's not easy to determine whether any of those packets are the closed-source software downloading and installing stuff.

      Really, how would we know for sure?

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    33. Re:without interruption of its primary function... by falconwolf · · Score: 1

      I believe the requirement for a patent is to disclose sufficient description for one "skilled in the art" to be able to repeat the invention, not necessarily give the entire recipe.

      Apparently it's not now but a working model used to be required for a patent. Copyrights used to be the same, the entire text had to be submitted, but now just snippets of code are submitted for software.

      Falcon

    34. Re:without interruption of its primary function... by falconwolf · · Score: 1

      You don't have to implement an idea to patent it. In fact, you can't patent an implementation of a concept, only the concept itself.

      It used to be that in the US concepts could not be patented, only specific implementations could be. If two people came up with different ways to solve the same problem they both could get patents.

      Falcon

    35. Re:without interruption of its primary function... by Skuld-Chan · · Score: 1

      Every update I've ever had to do on my Mac requires me to restart... Even browser app/plugin updates.

    36. Re:without interruption of its primary function... by RobNich · · Score: 1

      Please note that patent non-obviousness applies to the invention itself, not the problem being solved. If someone solves a problem "everyone" knows about, it's completely patentable as long as the solution they provide is not obvious to someone in the same field.

      --
      Hello little man. I will destroy you!
    37. Re:without interruption of its primary function... by Cyclops · · Score: 3, Insightful

      What you write in software is the expression of one idea in a certain language.

      You don't "invent" software, software has been invented many eons ago when living beings got brains.

      What software patents cover is the concept. If they covered a specific implementation, they would provide a worse legal environment than the copyright, in the point of view of the authors, for it would last many, many years less.

      And as anyone who wrote software can tell you, ideas are a dime a dozen, the devil is in the details. It's the expression that counts in software, and not the concept.

    38. Re:without interruption of its primary function... by Cyclops · · Score: 1

      You're right that you don't have to implement an idea to patent it. But your patent still only covers such an implementation, even if it's never done.

      It totally begs the question: how is that a benefit to society?

    39. Re:without interruption of its primary function... by ViralInfection · · Score: 1

      What about Amazon's "One Click" patent? Because clearly there is another certain method to do that.

    40. Re:without interruption of its primary function... by John+Hasler · · Score: 1

      You must read the claims to find out what a patent actually covers. "Making an edible substance based on derivatives of farming" is just part of a description.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    41. Re:without interruption of its primary function... by ehinojosa · · Score: 1

      It totally begs the question: how is that a benefit to society?

      The system is designed to reward the inventor and allow them a fair chance to recoup their research and development costs by granting them an exclusive monopoly. Having a patent makes it harder for you to get ripped off as you try to manufacture/market/sell your invention. Would AMD/ATI spend millions of dollars to develop the next GPU if the instant they produced it nVidia could start making the same product, but sell it at half the price because they didn't have R&D costs to recoup?

      It theoretically benefits society because it requires innovations to be disclosed in exchange for the grant of this monopoly. After the patent runs out the innovation is available to all to use. In the short term, it invites people to innovate, rather than copy. Theoretically it would also push people to actually _do_ something with their ideas, rather than let them die in a notebook somewhere.

      The problem is that the system has turned to one that is used to stifle innovation, rather than to promote it. When the patent office started allowing broad concepts or obvious ideas to be patented is when things took a turn for the worst. When Amazon can sue you for allowing your customers to order things with a single click, the system is broken. When (at least from the way it sounds) it is impossible to create and market a software program of any complexity without some shell company with nothing but an armful of questionable patents attempting to shake you down, the system is broken. When companies with deep pockets can prevent useful products that would benefit society from threaten their business model from making it to market by sitting on key patents, it's a problem.

    42. Re:without interruption of its primary function... by krischik · · Score: 1

      Apart from the sexual reference I agree with you.

    43. Re:without interruption of its primary function... by Anonymous Coward · · Score: 0

      That's not begging the question.

    44. Re:without interruption of its primary function... by Cyclops · · Score: 1

      How come whenever software patent defenders are challenged on the merits of software patents, they *only* come up with hardware as an excuse?

      Get the &"%# off software, you leeches.

  19. I assume Apple doesn't get to sit in? by Qubit · · Score: 4, Interesting

    According to the Patent Advisory Group they've formed to deal with this hurdle, the PAG membership includes "Advisory Committee Representatives of each Member participating in the Web Applications Working Group".

    Of course, the Web Applications Working Group includes: "Apple, Inc. (4 representatives)".

    Isn't it kind of a conflict of interest for Apple to be sitting on the committee that has the purview to:

    • study the patent in question and discuss its impact on Widgets 1.0: Updates
    • seek prior art that may apply to the use of updates in Widgets
    • discuss ways to design around the claims excluded by Apple Inc.
    • explore ways to come to an agreement with Apple to continue work on Widgets 1.0 Updates as a Royalty-Free specification
    • write a PAG report with recommendations for the W3C Director

    ?

    --

    coding is life /* the rest is */
  20. completely transparent to the user by krischik · · Score: 1

    I don't know of any update system which fulfils:

    without interruption of its primary function, and in a manner that is completely transparent to the user of the computer

    Do you?

    1. Re:completely transparent to the user by cellurl · · Score: 1

      I love Apple. Does that help?

  21. You missed the transparent part. by krischik · · Score: 1

    Let me quote the important and not at all minor difference:

    without interruption of its primary function, and in a manner that is completely transparent to the user of the computer

    Updating a running program without interruption is everything but trivial.

    1. Re:You missed the transparent part. by hazem · · Score: 2, Interesting

      Updating a running program without interruption is everything but trivial.

      It can be pretty easy. I helped write a database app where every time the menu form was invoked, it would check the back-end database to see what the "current" version of the front-end should be. If it wasn't the same, it would launch the new version and quietly kill itself.

      The user only experiences a slight delay that can not be differentiated from network congestion or heavy database load.

      The key here is that the app does the work of checking for updates at an easy time to do it (user is transitioning from one form to another) and not based on an external stimulus (an interrupt).

      Doing this for something like a word processor or spreadsheet that doesn't have such stark transitions would be trickier since it would have to somehow save the state, reload itself, and restore the state.

      I think in the case of the patent, they're talking about updating the app during a page-load, so the user won't notice the delay because they're going through a state-change already. I may be mistaken, but I do not think the app gets updated in the middle of reading a page without doing a refresh of some kind.

    2. Re:You missed the transparent part. by ArsonSmith · · Score: 1

      My Debian box's cron job that does "apt-get update;apt-get upgrade" every day has been this way for at least 8 years updates all my running programs transparent to me. I don't even notice they've changed until the next time I restart them.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    3. Re:You missed the transparent part. by Todd+Knarr · · Score: 1

      Extremely non-trivial, yes, but not non-obvious. Once you understand how the OS in question handles program linking and loading, the process needed to replace a portion of a running executable is usually blatantly obvious. It's also pretty obvious what the one portion of the program that can't be updated without interruption is, and how to handle it. It took me all of 2 minutes to work out how to do it on Linux using the dlopen() function, and another couple of minutes to work out how to arrange the program build to split things up into shared-object libraries and organize them so I could:

      1. Lock out entrance into that module.
      2. Rename the module's .so file and put the new version in place.
      3. Load the new module and patch it into the function table so all new calls will use it.
      4. Unlock the module to allow new tasks to begin.
      5. When the last task using the old version ends, unload the old version from memory.

      There are a few caveats. You have to code the modules to interlock properly, and keep the data structures and locking consistent enough across versions that two versions of a module can coexist peacefully for at least a limited time. If there's a change that violates those conditions, you need to do the update during program start or defer the update until the next program start (easy enough to do, just do the .so file rename-and-replace portion without loading and patching in the new version, remember that in Unix files are not directory entries and you can muck about with a directory entry for a file all you want without affecting any programs that happen to have that file open).

      There's probably a few quirks to iron out yet, but nothing that's particularly difficult for a skilled programmer to deal with. If I can, from a standing start, work out the solution that quickly given nothing but a description of the problem to be solved, the solution is not non-obvious.

    4. Re:You missed the transparent part. by nog_lorp · · Score: 2, Insightful

      That is not one of the claims of the patent. That is part of the abstract, which has no direct bearing on what the patent actually applies to.

      If you read the claims, it amounts to "checking for an update at runtime, and updating without asking the users, then restarting the program".

    5. Re:You missed the transparent part. by beej · · Score: 1

      Updating a running program without interruption is everything but trivial.

      While this is true, the patent talks about not interrupting the program's "primary function", not not interrupting the program run.

      And the sequence of steps outlined in Claim 2 is not exactly rocket science.

      Plus, it's obvious without the benefit of hindsight. If I tell any programmer there's a business need to have the latest version every time the user runs a program, this is exactly what they'll come up with in 5 minutes.

      But, hey, that happens practically every time a programmer thinks up any solution to any problem, because patents have been granted all over the place covering problems, just like this one, with simple solutions. Software patents are more trouble than they're worth, I say.

    6. Re:You missed the transparent part. by Anonymous Coward · · Score: 0

      Updating a running program without interruption is everything but trivial.

      Not hard either. Telephone exchanges have been doing it for decades.

  22. Irony - or perhaps Brassy by Ronald+Dumsfeld · · Score: 1

    What's ironic, is this getting posted just after the story on the first RFC turning 40.

    What's "brassy" is the balls of the legal wingnuts at Apple fucking about with the advance of open standards.

    W3C should not be having to waste people's time picking through this patent and designing around it. The idea might have been mildly innovative in 1998, but now it's sorta "well-duh!" and I am sure has been implemented in a number of independent cases where there was no reliance on Apple's patent.

    P.S. Apple - your Windows software update tool sucks donkey balls. Even after I thought I'd got rid of it there is still something that periodically bugs me to update QuickTime.

    --
    Where's the Kaboom?
    There's supposed to be an Earth-shattering Kaboom.
    1. Re:Irony - or perhaps Brassy by Again · · Score: 1

      P.S. Apple - your Windows software update tool sucks donkey balls. Even after I thought I'd got rid of it there is still something that periodically bugs me to update QuickTime.

      Phew! Good thing you told them. Because you know, they spend all of their time reading comments on /.

  23. They have to. by krischik · · Score: 1

    If everybody is stockpiling software patents then you have to as well. Or you are at the mercy of those have. A bit like the nuclear arms race - evil but once you started there is no stopping.

    1. Re:They have to. by javacowboy · · Score: 2, Insightful

      There's nothing wrong with stockpiling patents. The alleged problem is that Apple refuses to grant them royalty free to the W3C, undermining the open standards that Apple professes to protect.

      --
      This space left intentionally blank.
  24. Unimplementable by krischik · · Score: 0

    I know. The content of the patent is almost impossible to implement with current operating systems.

    1. Re:Unimplementable by Intron · · Score: 1

      Save the current state to a config file, disconnect from the running windows (and other resources), start the new version which reads the config file and connects to the windows, kill the first process.

      --
      Intron: the portion of DNA which expresses nothing useful.
    2. Re:Unimplementable by Yvan256 · · Score: 1

      According to krischik, you just described how to implement the impossible. And to the user, even if they do notice, it shouldn't be any worst than a simple memory swapping delay.

    3. Re:Unimplementable by ArsonSmith · · Score: 4, Informative


      # cat /etc/cron.daily/auto-update
      apt-get update && apt-get upgrade

      completely transparent. No verifications or reboot requests. new version is put in place. I keep working with old version until I'm done and the new version takes over whenever I naturally quit and restart.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    4. Re:Unimplementable by RichardJenkins · · Score: 1

      Pedantic comment: You'll have to add '--force-yes' to the upgrade command.

      Less pedantic comment: Even then you'll have to do a reboot if it applies a kernel update.

    5. Re:Unimplementable by TeXMaster · · Score: 1

      Pedantic comment: You'll have to add '--force-yes' to the upgrade command.

      Less pedantic comment: Even then you'll have to do a reboot if it applies a kernel update.

      Technically you don't have to, but of course you won't get the updated kernel until you do.

      --
      "I'm never quite so stupid as when I'm being smart" (Linus van Pelt)
    6. Re:Unimplementable by Thinboy00 · · Score: 1

      Less pedantic comment: Even then you'll have to do a reboot if it applies a kernel update.

      I believe there are programs/methods to circumvent that need.

      --
      $ make available
    7. Re:Unimplementable by Anonymous Coward · · Score: 1, Informative

      Bear in mind that Apple's patent was filed in 1995, this is definitely not obvious for the time.

      apt-get didn't exist until after 2000 (ish) anyway.

    8. Re:Unimplementable by theborg1of4 · · Score: 1

      It depends on how we define "transparent". If you set up the cron job yourself then it's not really transparent. Strictly speaking, I don't think Apple is suggesting that they will secretly set up silent background updates without providing an opt-in as well as history reporting either.

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

      While that works very well for most well behaved software, it doesn't work for Firefox. FF just gets rather confused and various parts of the user interface act weird or stop working at all, and that even happens for debian-style security updates, i.e. only minimal changes.

    10. Re:Unimplementable by zero-point-infinity · · Score: 1

      Or you can stick APT::Get::force-yes "true" into apt.conf. Granted it's a reckless approach, but stupid technicalities are a pedant's wages.

    11. Re:Unimplementable by Trogre · · Score: 2, Informative

      ... and then wonder why you can't save any of the Openoffice.org documents you have open due to mismatching libraries.

      (note: I use apt and yum myself daily on Debian and Fedora boxen, but never recommend doing them non-interactively)

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    12. Re:Unimplementable by sy5t3m · · Score: 1

      The patent makes reference to another patent filed in 1993 for "Automatic update of static and dynamic files at a remote network node in response to calls issued by or for application programs". The idea was so obvious to other people outside of Apple (unless Apple now owns IBM) that they already patented it.

      It also makes references to patents for network based updates filed in the 80's. Adding the word "automated" to that is not a non-obvious step, even back in 95.

    13. Re:Unimplementable by dpastern · · Score: 1

      Amen. That should end this argument very nicely - prior art of the concept within the software industry.

      Dave

      --
      Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
  25. I call shenanigans! by sweatyboatman · · Score: 4, Insightful

    this patent is total BS!

    the patent description makes it sound like we're talking about a system for automatically updating any program while its running without any interruption (which would be quite a feat if accomplished, but still not worthy of a process patent because its an obvious goal).

    However the operation the patent actually describes is as follows:

    1) I click on an icon to launch an application,
    2) a process starts that checks to see if I have the latest version of the application
    2a) if I have the latest, it launches the application
    2b) if I don't have the latest, it replaces my copy with the latest and the launches the application

    this stuff about "transparently running" and "no need for restart" is a red herring. of course there's no need for restart, the program isn't running yet!

    --
    It breaks my pluginses, my precious!
    1. Re:I call shenanigans! by c0d3g33k · · Score: 1

      What you describe is reminescent of what Java Webstart has been able to do for quite a few years, though the granularity is a bit finer. Instead of "latest version of application" as a monolithic whole, you get transparent updates to component libraries (in the form of jar files). Of course since the old + new libraries act as an integrated whole, the update does represent the "latest version of the application". If the patent consists of this it's entirely unremarkable.

    2. Re:I call shenanigans! by Thinboy00 · · Score: 1

      If the patent consists of this it's entirely unremarkable.

      Apple has lawyers and money. Does W3C?

      --
      $ make available
    3. Re:I call shenanigans! by Wolfbone · · Score: 1

      ...automatically updating any program while its running without any interruption (which would be quite a feat if accomplished...

      Depends on the program I suppose, but there would be nothing remarkable about accomplishing such feats in running Lisp programs. There's an amusing example of what is possible in this general area here:

      http://www.flownet.com/gat/jpl-lisp.html

    4. Re:I call shenanigans! by shutdown+-p+now · · Score: 3, Interesting

      What's funny is that the steps that you've outlined seem to describe exactly how Microsoft's ClickOnce works when it comes to updates. So if Apple threatens to sue, it would seem that there is at least one large player interested in opposing them on this.

    5. Re:I call shenanigans! by trycoon · · Score: 1

      The flow you describe above is exactly how Java Webstart or MS OneClick works. Why does not Sun or Micro$oft get sued?

    6. Re:I call shenanigans! by silanea · · Score: 1

      You are the bad kid in the school yard. You see two other kids standing there with their breakfast in hand. Which one will you force to give you his sandwich: The small meagre one, or the huge muscular one?

      --
      Rudolf Hess edited Mein Kampf. He was the very first grammar nazi.
    7. Re:I call shenanigans! by Ilgaz · · Score: 1

      Do you really think Apple "hates" MS or Sun enough to sue them? Look to Amazon top 10 Apple software sales, you will see MS Office at top of it.

      They don't hate Sun either, they just strategically hate Java and try to be evil to it just enough to make sure users won't choose a Java app over a Cocoa one.

    8. Re:I call shenanigans! by gollito · · Score: 1

      I'm going to pistol whip the next person that says "shenanigans"!

    9. Re:I call shenanigans! by Anonymous Coward · · Score: 0

      Make that at least two large players. The aforementioned steps also describe Sun's Java Web Start.

    10. Re:I call shenanigans! by Anonymous Coward · · Score: 0

      ClickOnce existed before 1991, eh?

    11. Re:I call shenanigans! by ben0207 · · Score: 1

      Which is awfully good of them, really.

      --
      cmd-q.co.uk - some sort of stupid fucking internet bullshit
    12. Re:I call shenanigans! by shutdown+-p+now · · Score: 1

      Of course not. I didn't say it was prior art, did I? I merely said that there's at least one large company that would probably be willing to throw its well-paid lawyers - and they might well dig out some prior art way older than that.

      Also, as it was rightly pointed out in reply to my post, the same applies to Sun and Java Web Start (which isn't surprising, since ClickOnce is essentially "JWS for .NET").

    13. Re:I call shenanigans! by JAlexoi · · Score: 1

      Hm.... Erlang does that! Circa 1987! You can even update the program that is mid execution... without stopping the execution off the code.

  26. Software patents are rubbish by krischik · · Score: 3, Insightful

    I know. I have not seen a valid software patent. This one is almost impossible to implement. Apart from Web-2 applications. And this is probably why it popped up.

    1. Re:Software patents are rubbish by Raenex · · Score: 2, Informative

      I know. I have not seen a valid software patent.

      RSA seems worthy. That's the only one I've ever come across.

    2. Re:Software patents are rubbish by falconwolf · · Score: 2, Insightful

      I know. I have not seen a valid software patent.

      RSA seems worthy. That's the only one I've ever come across.

      RSA may be worthy, but of a copyright not a patent. No software should be patented.

      Falcon

    3. Re:Software patents are rubbish by TheRaven64 · · Score: 1

      Please someone correct the mod abuse on the above post. An assertion is not insightful, no matter how much it agrees with the groupthink. For it to be insightful, it needs some justification to accompany it.

      Why is RSA copyrightable but not patentable? It is not an expression of an idea, it is a fairly complex mathematical algorithm. I forgot how it worked and had to derive it in an exam a few years ago, and I'm fairly sure that I could not have done so without some fragments of memory giving me the clues. A good proportion of undergraduate computer scientists can not explain RSA after having it explained to them more than once. Society as a whole has benefited from having it disclosed - the entire reason patents exist - and RSA is the cornerstone of most eCommerce implementations. Unlike most software patents, it is not something that could be easily reproduced by someone seeing the effect.

      --
      I am TheRaven on Soylent News
    4. Re:Software patents are rubbish by JAlexoi · · Score: 1

      RSA algorithm is a very precise and concrete mathematical algorithm. Software is only the expression of it. The patent at hand is absolutely vague and is based on a fantasy, literally.
      It would be equitable if I took some shrooms and filed for patents for all ideas I would have gotten.
      Here is one better, why don't we have some piece of software that swaps between 2 OS'es on the same hardware, but without a virtualization layer! I don't know how to do that, and I am not planning to find out, but I bet I could get a nice settlement just out of having a patent like it.

    5. Re:Software patents are rubbish by TheRaven64 · · Score: 1

      I'm trying to work out how your post is relevant at all to the discussion.

      Shrike82: This does not look like a valid patent.
      krischik: I've never seen a software patent that did.
      Raenex: RSA is an example of a valid software patent.
      falconwolf: No it isn't, no software patent is.
      me: You need to explain why it isn't, rather than just assert that it isn't [explains reasons why it might be]
      you: The patent in TFA is not a valid patent.

      So, do you actually have a relevant point to make, or are you just posting for the sake of it?

      --
      I am TheRaven on Soylent News
  27. Web 2 by krischik · · Score: 1

    As much as I hate to say: JavaScript is a programming language and there are quite a few very nifty JavaScript applications out there. If you cache the JavaScript applications then you might violate the patent.

    1. Re:Web 2 by Anonymous Coward · · Score: 0

      If you cache the JavaScript applications then you might violate the patent.

      That brings up a wild mental experiment. Web browsers are general-purpose (sort of) content retriever/displayers. They cache lots of stuff, not just javascript. As far as I know they all cache, though you could also theoretically have a web browser that doesn't cache at all.

      Now let's say you write a javascript program. You (the javascript app writer) don't actually deal with caching. You just assume the browser does that, and it probably does. But you do implicitly pull in a possible update, every time the user loads a page. Usually, these loads are not actually new versions of your app, of course.

      Suppose (we're now in hypothetical territory) you had a javascript program that has existed since 1995 when Apple got this patent (yes, I realize there are few (any?) javascript programs that old).

      The javascript app's author doesn't violate; his program is written to always update with every page load. The web browser's author doesn't violate; browsers have been caching since before 1995. A user runs the program in a web browser: violation. Who violated the patent? The user, of course. Fire away, Apple lawyers, and sue anyone who runs javascript in a caching web browser.

  28. To advanced to implement by krischik · · Score: 1

    This is the third time I quote this:

    without interruption of its primary function, and in a manner that is completely transparent to the user of the computer

    I don't know of any application which can do that. With current operating systems almost impossible. But browser based applications are a different matter. Here it could work.

    1. Re:To advanced to implement by Todd+Knarr · · Score: 1

      With old operating systems it'd be almost impossible. With current operating systems supporting loadable libraries, it's fairly straightforward if a bit picky when it comes to getting the implementation exactly right (but then, interlocking to allow concurrent access and modification has always been picky that way, it's why programmers with experience in heavy-duty multi-threaded programming are so valued). And Web applications aren't even that complex to update, the browser already handles the majority of the work.

  29. This is why we need generification for patents by Rix · · Score: 1

    It shouldn't be possible to hold a patent on anything in a public standard.

  30. You got it by krischik · · Score: 1

    I think so too. This is what it is all about.

  31. And do it fast enough for the user not to notice by krischik · · Score: 1

    Right - but the user must not notice. So it will only work for very small applications which load very fast.

  32. Invalid Patent - Prior Art is available by Anonymous Coward · · Score: 0

    IMHO TheAnswer (famous Z-NETZ client)
    and other, similar networking applications on the Amiga featured such automated update processes, downloading required data from the network.

    And also IMO this was around or before the time that patent was filed. Does anybody know more about it?

  33. Re:New Slashdot Prior-Art system (SPAS) by Anonymous Coward · · Score: 0

    ok, 1995. But still, These "replace thyself" systems have been around since the Gemini program!

    And those patents do not apply to Apple's patent, because patents protect implementations.

  34. Almost Unimplementable by krischik · · Score: 1

    Starting and Stopping Word as fast as a memory swap?

    Ok for very small applications it works. And this is the problem: W3C want's to use it for Widget.

    1. Re:Almost Unimplementable by Yvan256 · · Score: 1

      Yes, starting and stopping Word as fast as a memory swap.

      You start the new one, then you copy the state from the old to the new, pass control to the new, stop the old one.

      The user keeps working while the new one loads, like if you were working in Word and then started Excel. It doesn't prevent you from working in Word (at least in theory, I have no idea as I don't use Microsoft Office).

  35. Re:And do it fast enough for the user not to notic by Intron · · Score: 2, Funny

    Or for applications that are slow and unresponsive all the time.

    --
    Intron: the portion of DNA which expresses nothing useful.
  36. Re:And do it fast enough for the user not to notic by Missing_dc · · Score: 1, Funny

    Or for applications that are slow and unresponsive all the time.

    **insert Vista joke here**

    --
    How amazed would you be to suddenly find that you just forgot what I wrote and you needed to reread my post.... again.
  37. Georgi by Anonymous Coward · · Score: 0

    is there something Apple dont want to patent? its gettin rediculous!

  38. Build a better mousetrap... by Anonymous Coward · · Score: 0

    Except you can't because someone patented "a trap to catch mice or other vermin".

    If the patent doesn't tell people who are skilled in the art whether they're violating it, how can it be well written for someone skilled in the art to recreate it?

    If there's no source code, HOW is it built. Buildings and machines have blueprints. Software has source code. Where's the source code?

    If there's no source code, then how can the patent be broken? That's like breaking a patent on an engine when all that's in the patent is how an internal combustion engine works.

  39. Makes no sense to sit out. by SuperKendall · · Score: 1

    discuss ways to design around the claims excluded by Apple Inc.

    If you think of it from the perspective of someone simply trying to solve the problem at hand (patent cannot be licensed, so it must be worked around), it actually makes the most sense to have Apple people working on this (at least in part). Who else would have the best understanding of what solutions do manage to work around the patent in question than Apple people who would understand what Apple would or would not do in response?

    Having people sit out makes sense where there is a conflict of interest. But there is no conflict of interest on Apple's part in wanting the eventual standard to not conflict with Apple's patents. There is no monetary gain to be had from Apple in having a solution worked up that successfully works around Apple's patent.

    Having Apple not sit in would only be retribution, not a choice made from thinking about the issue in practical terms.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Makes no sense to sit out. by Qubit · · Score: 1

      ...it actually makes the most sense to have Apple people working on this...Who else would have the best understanding of what solutions do manage to work around the patent in question than Apple people who would understand what Apple would or would not do in response?

      I don't know the exact details of this situation, but presumably the W3C created a draft standard that they liked, using technology that was understood and considered appropriate for this task. Ideally, we wouldn't have to deal with Apple's patent and could just use the standard as is.

      Having people sit out makes sense where there is a conflict of interest. But there is no conflict of interest on Apple's part in wanting the eventual standard to not conflict with Apple's patents. There is no monetary gain to be had from Apple in having a solution worked up that successfully works around Apple's patent.

      The W3C's goal in this process is to publish a standard without patent encumbrances. There are several avenues for them to take with this, including getting prior art and seeking to invalidate Apple's patent completely. I don't think that a company that refuses to grant royalty-free terms on a patent will have any interest in seeing that patent invalidated, so as a result I don't see a way for Apple employees to remain impartial while having a vote on this advisory committee.

      While I believe that it's in the best interests of all parties for Apple to be available for discussion, it's clear that Apple wants to retain this patent and therefore should have its employees recuse themselves.

      Having Apple not sit in would only be retribution, not a choice made from thinking about the issue in practical terms.

      Personally, I think that software patents are just a flat-out bad idea, so while I appreciate the manner in which Apple refused to license the patent, I'm not feeling much love for them either. If a company or person possesses a software patent which is hindering the creation of open standards then I am doubly at odds as to why they should be indulged.

      Could employees of Apple help the W3C to draft a standard that does not infringe on Apple's patents? Of course they could! But what will we get out of that process? Would Apple's employees cripple the spec to ensure that it didn't violate any of Apple's patents? Would the employees, in the process of drafting the spec, purposefully leave out interesting mechanisms so that they could later be patented by Apple?

      Yes, Apple's in the doghouse on this one. By leveraging one software patent here they've basically said that they're only committed to the creation of open standards to an extent. Standardize your widgets all you like, but if you want to auto-update them then you have to pay Apple.

      The whole idea behind standards is that they're...well.. standard. People can use them to ensure interoperability. My app and your app and that server and that cellphone browser can all talk the same language. If Apple is cordoning-off a little piece of tech and making it impossible for the W3C to put technology into a open standard then they are necrotizing that technology -- making it essentially dead for everyone using open standards. We don't need lumps of dead technology littering our possibilities -- we need companies to breathe life into standards instead.

      --

      coding is life /* the rest is */
    2. Re:Makes no sense to sit out. by SuperKendall · · Score: 1

      I don't know the exact details of this situation, but presumably the W3C created a draft standard that they liked, using technology that was understood and considered appropriate for this task. Ideally, we wouldn't have to deal with Apple's patent and could just use the standard as is.

      Why did you even type this? Of course they would prefer to use what they have. The reality is they cannot. Thus the question is, from a practical standpoint how do you deal with what is instead of wishing for metaphorical ponies.

      The W3C's goal in this process is to publish a standard without patent encumbrances. There are several avenues for them to take with this, including getting prior art and seeking to invalidate Apple's patent completely. I don't think that a company that refuses to grant royalty-free terms on a patent will have any interest in seeing that patent invalidated

      A great argument for why the Apple members should not be a majority to block such action, but like any panel no member is a majority. The Apple people are there to help explore the possibilities that exist where the patent is not overturned (and almost never would they take that course anyway because of expense, again speaking from a PRACTICAL standpoint).

      Personally, I think that software patents are just a flat-out bad idea

      So do I, I'll bet even the Apple people on the panel would agree with you. Again, ponies.

      I'm not feeling much love for them either.

      It's not about love or hate. It's about what will help produce the most solid result. That probability is enhanced by having Apple people on board to help guide the final choices given they are the ones who can most directly affirm if the solution works around Apple's patents.

      Yes, Apple's in the doghouse on this one. By leveraging one software patent here they've basically said that they're only committed to the creation of open standards to an extent. Standardize your widgets all you like, but if you want to auto-update them then you have to pay Apple.

      Wrong. There is a huge difference between what you are saying here and what Apple is saying. The implication of what Apple is saying is that auto-update that uses the mechanism of Apple's patents is not allowed to be part of the standard. Some other means would be. Money never entered the equation in they they aren't asking anyone to pay to license it, they are simply not willing to. It's not even auto-update we are talking about currently, it's non-interactive auto-update.

      If Apple is cordoning-off a little piece of tech and making it impossible for the W3C to put technology into a open standard then they are necrotizing that technology...

      It's not just Apple, it's all companies. If you think that's a problem save your rant solely for software patents, which need to be struck down. Mindless attacks against every company that uses them is pointless and accomplishes nothing. Focus your energy on the root cause.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
  40. Rebooting and big jobs. by sowth · · Score: 1

    So if you are doing a massive 3d render (or other processing job) which takes hours or days and the program doesn't store its work on disk until it is finished, then you lose all that work because MS decided at that time to update your computer. How nice.

    Or perhaps it does save, but you lose the time it would be working because obviously you aren't at your work computer at 4AM to restart it.

    1. Re:Rebooting and big jobs. by Anonymous Coward · · Score: 0

      You're a moron who doesn't know the basics of how to operate a computer. Get yourself a pack of cards or a paperback book or something.

    2. Re:Rebooting and big jobs. by filthpickle · · Score: 1

      Or, as mentioned above, you set windows update to notify you w/o installing when an update is downloaded. Windows update made me lose work ONE (which, agreed, is one too many) time. Then I changed the settings.

    3. Re:Rebooting and big jobs. by falconwolf · · Score: 1

      So if you are doing a massive 3d render (or other processing job) which takes hours or days and the program doesn't store its work on disk until it is finished, then you lose all that work because MS decided at that time to update your computer. How nice.

      Or perhaps it does save, but you lose the time it would be working because obviously you aren't at your work computer at 4AM to restart it.

      Though it wasn't obvious users could turn off auto-updates. And Windows does restart on it's own. I don't recall how many tymes I ran Windows Update and was told it would take X minutes or hours to download, apply, then reboot the PC. But it was a lot, on Win95/98/ME and NT4 PCs. I could click Okay then go do something else and when I'd get back to it my desktop would be ready.

      Falcon

    4. Re:Rebooting and big jobs. by Sandbags · · Score: 1

      Or, if you're doing massive work like that, you set it to "notify only" ...or better yet, do your rendinging on a OS designed for workloads like that (aka Unix).

      --
      There is no contest in life for which the unprepared have the advantage.
    5. Re:Rebooting and big jobs. by Sandbags · · Score: 1

      ...or better yet, a dedicated workstation class machine, which could simply be an alternate boot image on your only machine, which if properly configured and network isolated does not require connectivity to the net, nor sources of potential infection, so updates are non-critical, and you can even uninstall your AV software allowing you more CPU cycles for rendering...

      --
      There is no contest in life for which the unprepared have the advantage.
  41. WHAT? by moniker127 · · Score: 1

    Everyone knows that APPLE isnt like evil microsoft, trying to use its patents and lawyers to aggressively attack any potential competition!

    ...

    Okay now that i've said the obligatory- id like to point out that Apple is JUST as much a big, heartless corporation as microsoft. They are in this for money, and they would make 90% of moves microsoft made, they just were beaten to the punch. So, even if they make nice products, they aren't necessarily nice people.

  42. W3C got what was coming to it⦠by Anonymous Coward · · Score: 1, Insightful

    Some months ago the W3C was pressured by Apple and Nokia to remove the inclusion of unencumbered audio and video codecs from video tag support in the HTML5 draft. The W3C recognized that only with the existence of a widely supported baseline could we escape the closing of the web which is currently happening through patented media formats.

    Of course, give them an inch and they'll take a mile. Now that Apple has seen that the W3C is subject to their manipulation on licensing related matters we can hardly blame them for continuing to use their new found power over this standards group.

  43. Prior art? by Anonymous Coward · · Score: 0

    I wrote code for that functionality in the mid to late 1980s as part of a government contract. Assuming I could dig it up (I don't know if the diskettes are still readable) who could make use of it and what sort of evidence would they need to do so (source code, design documents, executable, etc)?

    1. Re:Prior art? by tyrione · · Score: 1

      NeXTSTEP.

  44. Re:New Slashdot Prior-Art system (SPAS) by Thinboy00 · · Score: 1

    Then WTF is W3C so concerned about?

    --
    $ make available
  45. Re:And do it fast enough for the user not to notic by jupsis · · Score: 0, Troll

    Or for applications that are slow and unresponsive all the time.

    That basically is the definition of all Apple products I have used (like the one I am writing this with at the moment). Full of crap and unnecessary features. Which also applies to many other SW vendors and opensource stuff as well. What happened to simplicity?

  46. GameRanger by Chuckstar · · Score: 1

    GameRanger works this way (or at least used to). When you start GameRanger, it checks the server for a new update, automatically downloads any new update, trashes the old version and restarts using the updated version. It tells the user that it is doing all of this, but the "transparent to the user" part is not a requirement of the patent, only a possibility. (That is, nothing in the patent actually bars the application from notifying the user that the update is occurring.)

  47. invalidate it. by Anonymous Coward · · Score: 0

    if apples patent does not contain a specific implementation that can be avoided, then the patent is not valid.

  48. Um, no by melted · · Score: 2, Informative

    Programs often get borked when they're upgraded on the fly. Firefox certainly does this if you upgrade it while it's running, as do various pieces of server software which HAVE to undergo a restart to update the data and config files.

    You have to restart everything that was affected to be sure (including the OS if you upgrade the kernel).

    1. Re:Um, no by John+Hasler · · Score: 1

      > Programs often get borked when they're upgraded on the fly.
      > Firefox certainly does this if you upgrade it while it's running...

      I've done so dozens of times. Never had this problem.

      > ...as do various pieces of server software which HAVE to undergo a restart to update the
      > data and config files.

      I've done this uncounted times with no problem. The postinst script restarts the daemon if required. It's completely transparent to me as user.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:Um, no by SCHecklerX · · Score: 1

      Programs often get borked when they're upgraded on the fly. Firefox certainly does this if you upgrade it while it's running, as do various pieces of server software which HAVE to undergo a restart to update the data and config files.

      No they don't. Not on linux systems, which is what we are talking about here. Any running software with open files will continue to use those files, even if they were replaced, until the programs exit.

    3. Re:Um, no by melted · · Score: 1

      >> It's completely transparent to me as user.

      Not if you're using the daemon while it's being restarted, or rely on its state.

    4. Re:Um, no by melted · · Score: 1

      Yes they do. Simple test for you - install Ubuntu 8.10 from the stock CD, upgrade it with 300M of upgrades, and leave Firefox running while this is going on, try to use it afterwards.

    5. Re:Um, no by jetsfandb · · Score: 1

      I've done so dozens of times. Never had this problem.

      It may have never happened to you but it certainly did to me on the last 2 firefox upgrades.

      --
      It is by caffeine alone I set my mind in motion, It is by the beans of Java that thoughts acquire speed, The hands acqui
    6. Re:Um, no by JAlexoi · · Score: 1

      I am writing this using Firefox. And I just upgraded it without restart. Maybe windows version is worse then Linux one?

    7. Re:Um, no by Anonymous Coward · · Score: 0

      Ok, posting here from that test. What next?

  49. They guarantee widgets won't be taken serious by Ilgaz · · Score: 1

    You know what? Widgets, no matter how you look at it, is a chaotic mess. Unless there is some standard by a neutral authory like W3C, it will keep to be a mess and nobody will take them serious.

    I know lots of people who hates the entire concept of it but let me show just how many "standards" there are, including mobile.

    1) Apple Widgets (OS X only)
    2) Yahoo Widgets (OS X and Windows), the original Konfubulator
    3) Adobe Air stuff (most are actually Widgets)
    4) Opera Widgets (Don't even bother counting how many platforms supported)
    5) Nokia Widgets (yes, millions of downloads, see (6) for a laugh)
    6) Nokia Widgets in J2ME, it is completely different idea and multi platform. Named Widsets. Don't try to understand why Nokia competes itself.
    7) New to appear, if Sun doesn't go bust, Java Widgets, I forgot what it is called and Sun seems to forget they already HAD similar thing on Windows, java embedded apps inside Active Desktop items. Like the one from JPL/NASA. It was a torture.

    There are MANY more specs around, these are the only ones I tried personally. They all lack a spec especially user prefs storage, Yahoo won't check your mail without your pwd, it saves it but they don't have brain enough to keep basic widget installation data in your account. Opera may do some Opera Link goodness (guessing from how it goes) in future but that is all.

    If there is hope for Widgets to be taken serious both by users and developers, it is W3C, standards based storage, Mozilla/Webkit/Opera following the standard and as usual MS ignoring it. Damn things should be stored on some standard form, on remote and local and they should be interchangeable. Don't let the OS X dashboard scene fool you, they aren't really liked and seen like real apps.

  50. You should notify the user anyway. by argent · · Score: 1

    This appears to be a patent on *silently* updating a program.

    I don't want any software on my computer, widget or otherwise, silently updating itself. I damn well want it to pop up a dialog and say "There's a new version of me out there, do you want me to update"? I want to be able to say "No, because I just read on Slashdot that the new version might brick my computer".

  51. I can give a example from OS X by Ilgaz · · Score: 2, Interesting

    Someone from Apple scene does use that concept. Intego Netupdate. It has a preference to automatically install and reboot after updates, without even asking to user. Thank God, it is disabled by default.

    In fact, it performs exactly the way patent says. You may even be greeted by "Enter serial number you purchased while you upgrade your software" message.

    Apple being victim of their stupid lawyers as usual, not even surprised. They should separate RIAA/MPAA iTunes types from the Technical types.

    What if MS steals their concept as usual and implements like its own? Well, it has been solved by Real Networks for their million dollar patents. Free to GPL, patented for closed source. As people here busy with "buffering" jokes and spyware allegations regarding their free/open source software, I better remind it.

  52. A bit early to get all excited by gnasher719 · · Score: 5, Informative

    I followed the link (not the one to the pathetic opinionated article, but the one to the short email message), and this is what seems to have happened: Apple told the W3C people that they have a patent that they believe might cover something that W3C is trying to standardize. So they have done exactly what Rambus _failed_ to do when they participated in memory standardisation, which since then has caused dozens of lawsuits over hundreds and hundreds of millions of dollars. This will not happen here because Apple disclosed their patent.

    That email doesn't say in any way that Apple is doing anything inappropriate or is threatening anyone or refusing to give anyone a license. What is happening is a very simple process that W3C is prepared for: Apple was kind enough to inform them that there is a patent, so they will now look at the patent, which will or will not turn out to be relevant, and if it is relevant, something will be sorted out.

    Now that fine article (or whatever the f in RTFA stands for) calls Apple "patent-lawsuit happy". So who exactly is Apple suing right now? Maybe the manufacturer of a new phone that is vastly outselling the iPhone, except that it doesn't do that quite yet, because it is not for sale right now, so not a single Palm Pre has been sold, and Apple hasn't sued them, because as long as Palm doesn't sell its phone there is nothing to sue them for?

    1. Re:A bit early to get all excited by argent · · Score: 1

      What does "and excluded claims from the W3C Royalty-Free License commitment" mean, if it doesn't mean "refusing to give [W3C] a license"?

    2. Re:A bit early to get all excited by Anonymous Coward · · Score: 0

      I agree, this looks too much like another misplaced opportunity for sites like Slashdot, Boing Boing, and their over-zealous users to start yelling and stomping about how evil Apple and their lawyers are. Last time that happened (DRM in the new iPod shuffle headphones), it was all a big mistake because the users didn't engage their brains, and the people who run the sites didn't engage their journalist skills (probably a side effect of not engaging their brains, or perhaps they never had any journalist skills to begin with).

    3. Re:A bit early to get all excited by SoupIsGoodFood_42 · · Score: 1

      What makes you think that the source is reliable and has correctly interpreted the situation?

    4. Re:A bit early to get all excited by hkmwbz · · Score: 1

      A bit early to get all excited

      No, you idiot. Apple specifically refused to allow royalte-free use of their patent. That's the whole point.

      And besides, the article was published a whole MONTH after Apple's move.

      And remember, this is a SOFTWARE PATENT.

      That email doesn't say in any way that Apple is doing anything inappropriate or is threatening anyone or refusing to give anyone a license.

      Actually, it does: "Apple Inc. has excluded all claims of patent 5,764,992"

      Now that fine article (or whatever the f in RTFA stands for) calls Apple "patent-lawsuit happy".

      No it doesn't, you idiot. It says there are rumors about it, which is completely true.

      --
      Clever signature text goes here.
    5. Re:A bit early to get all excited by hkmwbz · · Score: 1

      The fact that the W3C information states the exact same thing: Apple refuses to license it royalty-free: "Apple Inc. has excluded all claims of patent 5,764,992"

      --
      Clever signature text goes here.
    6. Re:A bit early to get all excited by argent · · Score: 1

      Because I'm referring to the message from the W3C mailing list, not the article?

  53. Sparkle pre launched before application than by Ilgaz · · Score: 1

    It is like Sparkle framework, only the Sparkle update checker part runs before the application itself and updates application if necessary. Sparkle became de-facto standard software update checker in OS X, there are even people asking Apple to include it in standard OS X Frameworks.

    So lets say, when you launch Adium, its update checker will run first, make sure it is current version and actually run it after updating.

    One must ask... Is Apple preparing a Konfubulator against Sparkle in Gold Master of Snow Leopard? Not like Sparkle go out of business (!), it is open source framework which we (users) just hope multi million/billion dollar companies using it are donating.

    http://sparkle.andymatuschak.org/

  54. Prior art? by Bozovision · · Score: 1

    Erlang, from what I recall has had the ability to replace running programs in place since forever. A quick look on Amazon shows the first Erlang book dated at 1993. And I think that's probably where I remember reading about it. I thought what a clever technique they had at the time.

    Quoting from the an Erlang white paper:
    "Hot code upgrade - Many systems cannot be stopped for software maintenance. Erlang allows program code to be changed in a running system. Old code can be phased out and replaced by new code. During the transition, both old code and new code can coexist. It is thus possible to install bug fixes and upgrades in a running system without disturbing its operation. "

    (Whoever owns that one copy might want to up their price about now. And I think I may go see if I still have my copy to sell to the next highest bidder. Do I hear any Apple patent lawyers bidding? )

    With just a little luck this will point help to point out to companies that asserting patent claims over prospective standards is a bad idea, sure to cost more money than it makes.

  55. "Completely transparent"... by msauve · · Score: 1

    The patent claims "A software program running on a computer automatically replaces itself with a newer version in a completely automated fashion, without interruption of its primary function, and in a manner that is completely transparent to the user of the computer. "

    Getting around it is (quite obviously?) simple.

    Just inform the user that you're updating the software, then it is no longer "completely transparent." You don't have to get the user's permission, just make it "completely apparent." It's the decent thing to do, anyway.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:"Completely transparent"... by John+Hasler · · Score: 1

      That's part of the abstract, not a claim. Read the claims to find out what is actually claimed (I haven't done so).

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  56. Prior art that bears on this by Anonymous Coward · · Score: 0

    can be found in U.S. patent 5,790,664 and its descendants. A brief analysis of this and other broadly applicable IP can be found (PDF) at

    http://www.mediafire.com/download.php?3yqiwiyzmzz

  57. Yet again by Jane+Q.+Public · · Score: 1

    software patents threaten to stifle innovation.

    People, this isn't what patents were intended for. Software patents need to die. Copyright is the proper body of law to cover software.

  58. The Apple Patent invalidates itself by scdeimos · · Score: 1

    The introduction of the patent concludes: "With this arrangement, software upgrades can be effected in an efficient and automatic manner, without resort to any external resources."

    If I'm not mistaken, the internet forms a pretty significant resource. Automatic upgrades of objects that require the internet to store newer versions of the objects gets around the patent by default, don't they?

    And the concluding introductory statement also goes against the body of the patent which requires access to "resources" in the form of "storage ... in remote memory."

  59. Apple says: "OK, we're evil" by David+Gerard · · Score: 3, Funny

    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!Ã

    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
  60. Reasonable and non-discriminatory.. by d_jedi · · Score: 1

    So long as they license it on reasonable and non-discriminatory terms.. is there an issue?
    An open standard need not be a free (beer) standard..

    --
    I am the maverick of Slashdot
    1. Re:Reasonable and non-discriminatory.. by firstnevyn · · Score: 1

      RAND isn't as reasonable or as non-discriminatory as most people seem to think

      http://en.wikipedia.org/wiki/Reasonable_and_Non_Discriminatory_Licensing

      In particular RAND allows for per unit licencing costs for implementations which sounds the death knell for any free software implementation of a standard that is patent encumbered even if the patents are availible under a RAND scheme.

      The issue is that as free software is by definition redistributable you need to licence the patent for every potential user.

    2. Re:Reasonable and non-discriminatory.. by hkmwbz · · Score: 1

      So long as they license it on reasonable and non-discriminatory terms.. is there an issue? An open standard need not be a free (beer) standard..

      Yes, there is an issue. W3C specifications are not to be paid for. Everyone else gets it. Except Apple.

      --
      Clever signature text goes here.
  61. Re:And do it fast enough for the user not to notic by Darkness404 · · Score: 1

    What are you talking about? Most Apple software is quite Spartan when compared to OSS alternatives or even MS's own software. Compare WMP to iTunes, aside from the integrated store, there is much more "bloat" in WMP in terms of little used features, etc and in interface design. Sure, iTunes is slow on Windows because its basically a port of a Mac application while capturing the Mac look and feel, this adds considerable bloat compared to a native Windows app.

    --
    Taxation is legalized theft, no more, no less.
  62. Re:And do it fast enough for the user not to notic by Anonymous Coward · · Score: 0

    Itunes is slow and seems overly bloated on my on my Core Duo Mac Mini. Granted it is keeping track of 1500+ avi movies, so that may cause some of it's sloth. Doesn't explain why VLC on the same machine appears to be able to handle it far less better.

    I like OS X as an operating system, but some of Apples applications need to be attacked with a machete to lop off the useless crap and speed them up. What ever happened to one program doing one thing very well. Instead we get one program that does one thing fairly well and a bunch of other things like shit.

  63. Prior Art by Anonymous Coward · · Score: 0

    Beside the point, that this is a "we have software patent" country issue only, the Debian project exists since 1993. And dselect was in use for Debian since March 1995. So I guess they discussed this package replacement stuff before that date.

  64. I'm wondering already by roystgnr · · Score: 1

    Why would OpenOffice.org find mismatching libraries, even after an in-place upgrade of running software?

    If I install an executable, it's dynamically linked to /usr/lib/libwhatever.so.n, I run it, and then I upgrade /usr/lib/libwhatever.so.n while the program is still running, the running executable is *still* using the old version of the file, which is still on the disk - even though it's been deleted from /usr/lib, the reference from the running program prevents it from being erased until the program quits.

    A decade ago when glibc was in regular flux and I was reluctant to reboot my computer even for the most basic upgrades, I think at one point I had nearly half a dozen different versions of libc.so itself running together, without noticing any broken apps or even weird behavior...

    Of course, it's possible to do fancy things that screw this up, but that's how the simplest library linking works. Why would OpenOffice go to extra trouble to make their software less functional? I don't disbelieve you. I've seen how Firefox gets hosed when it's upgraded while running, for example. I'm just curious as to what the failure mechanism is and why it isn't treated as a bug to be fixed. Windows has slowly been getting better at allowing upgrades and configuration changes without unnecessary restarts. It would be sad if Linux (or even Windows-centered free software with Linux ports) was regressing, even a little.

    1. Re:I'm wondering already by John+Hasler · · Score: 1

      > Why would OpenOffice.org find mismatching libraries, even after an in-place upgrade of
      > running software?

      On Linux or Unix it won't.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:I'm wondering already by Trogre · · Score: 1

      Okay I take that back - it might not be mismatched libraries, that was just a knee-jerk guess as to what was going on.

      But whatever the cause the symptoms are real - on more than one occasion updating openoffice.org packages on Fedora has lead to errors when trying to save open OOo documents.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  65. "no need for restart" by falconwolf · · Score: 1

    is a red herring. of course there's no need for restart, the program isn't running yet!

    I've had to restart my computer a number of tymes after updating software on it.

    Falcon

  66. MacOS by falconwolf · · Score: 1

    We need someone to confess he was using MacOS back in 1990s, tough job on Slashdot :)

    I used it then. And Linux and Windows.

    Falcon

  67. Shiny and Quality are not mutually exclusive. by falconwolf · · Score: 1

    Tell that to Apple. Every iMac I've ever used was "shiny" and also sucked in terms of performance.

    After having used Windows PCs for years I switched. The quality of my Mac is so much better than any of my PCs, both Linux and Windows. Now I'm not saying it's all been roses, there have been thorns, but my Macs has performed a lot better.

    Falcon

  68. can a patent be revoked? by falconwolf · · Score: 1

    Yes patents can be revoked. In the US anyone can file to have a patent revoked.

    Falcon

  69. software shouldn't be patentable. by lpq · · Score: 2, Insightful

    This is the nature of the problem.

    You don't have inventions in software. You have ideas, and implementations. There is no in-between.

    The idea of patenting a software algorithm is equivalent to patenting a mathematical expression.

  70. software patents by falconwolf · · Score: 1

    Personally, I think that software patents are just a flat-out bad idea, so while I appreciate the manner in which Apple refused to license the patent, I'm not feeling much love for them either. If a company or person possesses a software patent which is hindering the creation of open standards then I am doubly at odds as to why they should be indulged.

    I agree, software should not be patented. However because businesses are granted patents on software others need to stockpile software patents as well as a defensive measure. Apple has been and will again be sued for patent infringement and by having their own patents they could defend themselves against being sued.

    Would the employees, in the process of drafting the spec, purposefully leave out interesting mechanisms so that they could later be patented by Apple?

    They could but if it is documented then Apple applies for a patent then the patent could be appealed.

    Obviously there's a technically simple method to solve this, outlaw software patents. Unfortunately it's a lot harder to solve politically.

    Falcon

  71. Re:And do it fast enough for the user not to notic by SenseiLeNoir · · Score: 1

    Did you just contradict yourself? First saying that iTunes has no bloat, and contains few unnessasary features compared to WMP.

    Then justifying the bloat saying its just a port of a MacOS app, and adds "considerable" bloat to maintain its "Mac look and feel" on a platform where the "MacOS look and feel" make it seem like an odd man out? Whats wrong with making iTunes on windows, More Windows like? (and if it ever reaches Linux, more Linux-Like). I hate apps that enforce the look and feel of another OS on a third OS.

    And it IS possible to have a cross platform media application that can be lean, yet look native on all platforms. Take VLC. Oh and that happens to be an OSS project, which you, quote:

    Most Apple software is quite Spartan when compared to OSS alternatives or even MS's own software.

    --
    Have a nice day!
  72. LittleSnitch by krischik · · Score: 1

    Really, how would we know for sure?

    http://www.obdev.at/products/littlesnitch/index.html

    Yes I know, no one will ever check all the traffic.

  73. Already been done! by gabrieltss · · Score: 1

    Try looking at Altiris - it does automatic updates transparently - and you for the most part don't have ANY restarts. I know My company uses this bloated piece of $hit software!

    --
    The Truth is a Virus!!!
  74. Re:And do it fast enough for the user not to notic by TheRaven64 · · Score: 1

    Did you just contradict yourself? First saying that iTunes has no bloat, and contains few unnessasary features compared to WMP.

    No, because he specifically qualified the comment about bloat to the Windows version of iTunes, which is a secondary port. iTunes on OS X has exactly the attributes he described (or, did back in version 4.2 - later ones have all been a step backwards in terms of usability and bloat).

    --
    I am TheRaven on Soylent News
  75. Built-in Crippled Cron-apt by John+Hasler · · Score: 1

    The "Detailed Description" describes what looks like a crippled version of Cron-apt built into each application. It completely ignores shared libraries and other dependencies and so would be useful only for monolithic programs.

    The claims, on the other hand, look rather as if someone at Apple was observing Apt development and taking notes.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  76. Re:Oh, Apple - What's new???? by robertintexas · · Score: 1

    my5sense on this.... I don't know why people are just now starting to hate Apple. I've hated them for quite some time now. :) While they haven't reached the HATECON Level 1 that MS has, they are still a rangy bunch of arrogant, money-greedy technologists that enforce their will upon the masses. "We'll inactivate your iPhone that YOU bought with YOUR money if we find it's been unlocked." "We won't sell anyting at the Apple Store that actually generates healthy competition with any of our applications, because we only want you to buy our apps, and we don't want competitors to influence what we develop, we want to figure that out on our own." How about this one: "We'll release this fantastic phone, but not release a SDK so that you HAVE to use only what we put on the phone and if we don't sell it, you don't deserve to have it." (on YOUR phone.) Granted I know the 3G phone changed that somewhat, but it was because people were outraged. Maybe we need to be outraged over this - if in fact it's legitimate. That's all been crap - it's just the diehard Apple people defend that monopolistic (I may have invented a word just now.) business methodology, WHILE BASHING MS. They are both about nothing but money and dominance. (I love capitalism) If it means screwing us - in terms of software availablility, or creating and maintaining competitive markets that ignite fantastic software/hardware development like we have never seen in the past 20 years, then so be it. Apple isn't really different on the outside, but the same cold, sinister heart that beats in Redmond beats at Cupertino. They are just different and therefore assumed to be the good guy, while Bill & company are the bad guys. I say #)$*Q#&$! They are all bad. Not to mention a comment that MAY have been directed at Palm for IP theft in regards to the Pre. (maybe it was, maybe it wasn't) Let's face it - Apple may not be the Evil Emperor, but they make a dang good Darth Vader. Let's see if in the end, they allow themselves to be redeemed. W3C

  77. Chrome by krischik · · Score: 1

    Yes indeed - Chome could easily update large parts of itself without interruptions. Of course that does not mean they do.

  78. Why is RSA copyrightable but not patentable? by falconwolf · · Score: 1

    Because it's software and is written. Writings already enjoy copyrights. Patents protect actual physical goods. A specific implementation of a CPU, car engine, or knife. And a patent application used to require a working model of what is being patented. However while patents may of been helpful at one tyme they no longer are. Instead they delay progress.

    Since the article being discussed deals with Apple patents and Apple not willing to let the W3C use them, here's another story about Apple and patents: "Taiwan's Elan sues Apple over touchscreen patents"". I don't know how many patents are sought for these reasons but a number of patents are either held by patent trolls or are for protection, you come up with something you think is unique and use it. Now if you don't patent it someone else may slap you with a patent infringement lawsuit. But of you have a bunch of patents you may find one the other party uses, so you can sign a cross licensing agreement.

    A good proportion of undergraduate computer scientists can not explain RSA after having it explained to them more than once. Society as a whole has benefited from having it disclosed - the entire reason patents exist -

    Copyrights also require disclosure, so patents are not needed for this.

    Unlike most software patents, it is not something that could be easily reproduced by someone seeing the effect.

    It is an algorithm and they should not be patented. Neither should business methods.

    Falcon