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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."

40 of 332 comments (clear)

  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.

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    4. 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.
    5. 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.

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

      Apple: We do Evil with Style

  2. 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 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.

    3. 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
    4. 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.
    5. 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.
  3. 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.

  4. 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.

  5. 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

  6. 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?
  7. 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
  8. 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!

  9. 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...

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    4. 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.

    5. 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.

    6. 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.

    7. 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.

  10. 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 */
  11. 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
  12. 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!
  13. 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?

  14. 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 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.

  15. 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.

  16. 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.
  17. 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?
  18. 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?

  19. 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."

    --
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