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Company Claims Ownership of Digital Messaging

An anonymous reader writes "Kootol, yet another patent troll, is going after everyone who makes messaging software for violating their soon-to-be-granted patent, which claims they invented one- and two-way messaging in 2005. From the article: 'Kootol, founded in 2010, says it has a patent license agreement with Yogesh Rathod for control of U.S. Patent Application 11/995,343. Rathod, in fact, is a co-founder of Kootol with his brother Vijay Rathod. According to Kootol, the patent application “covers core messaging, publication and real time searching technology.” Interestingly, the patent in question hasn’t actually been awarded to Kootol or Rathod yet. Rather, The U.S. Patent and Trademark Office has issued “A Notice of Allowance.” That’s the term for when the USPTO says that an applicant is entitled to a patent under the law, but must pay an issue fee (and potentially publication fee) first, within three months.'"

325 comments

  1. Prior Art? by Stormthirst · · Score: 4, Informative

    Surely the SMTP protocol is a one way messaging protocol - and is older than I am!

    1. Re:Prior Art? by yeesh · · Score: 5, Insightful

      ICQ. It's been out since 1996. And I think it's such a shame it's not still used. Back in the UO days it was the standard of online comms.

    2. Re:Prior Art? by Anonymous Coward · · Score: 0

      Tons of older protocols, from the early internet days and from the BBS side, too.

    3. Re:Prior Art? by The+Conductor · · Score: 4, Insightful

      Not as old as SMTP, but older than ICQ, is the text-based talk program, which goes back to at least 4.2 BSD. And IRC and similar BBS type programs, as well as the VAX/VMS phone program, go back to the 80's at least. I know VMS phone had notification; can't remember if it had presence though.

    4. Re:Prior Art? by jo42 · · Score: 2

      I recall using 'instant messaging' on a network on VAX/VMS back in the '80s...

    5. Re:Prior Art? by Mashiki · · Score: 1

      Yep. So were Unisys ICON machines, I fondly remember using one during my childhood and them showing us how to leave messages for people.

      --
      Om, nomnomnom...
    6. Re:Prior Art? by Anonymous Coward · · Score: 0

      So why is this troll being awarded the patent? I don't understand this at all?

    7. Re:Prior Art? by Anonymous Coward · · Score: 0

      BSD talk worked between users on different machines in 1983. Unix talk predates that for users on single machines.

    8. Re:Prior Art? by MacGyver2210 · · Score: 5, Insightful

      It's not really even about messaging. The abstract in the patent application is so ass-backwards and contorted that nobody could make heads or tails of what the actual invention is. Here is the abstract:

      A system for transmission, reception and accumulation of the knowledge packets to plurality of channel nodes in the network operating distributedly in a peer to peer environment via installable one or more role active Human Operating System (HOS) applications in a digital devise of each of channel node, a network controller registering and providing desired HOS applications and multiple developers developing advance communication and knowledge management applications and each of subscribers exploiting the said network resources by leveraging and augmenting taxonomically and ontologically classified knowledge classes expressed via plurality search macros and UKID structures facilitating said expert human agents for knowledge invocation and support services and service providers providing information services in the preidentified taxonomical classes, wherein each of channel nodes communicating with the unknown via domain specific supernodes each facilitating social networking and relationships development leading to human grid which is searchable via Universal Desktop Search by black box search module.

      My favorite part has to be "knowledge packets"...

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    9. Re:Prior Art? by erroneus · · Score: 1

      Perhaps this is the USPTO's way of making more money -- letting people buy worthless patents that will get challenged and destroyed. They collect the fees and that's about it...

    10. Re:Prior Art? by thejuggler · · Score: 1

      it was the talk command on unix or vms systems back then. And as a college experiment we wrote a two way messaging system using GWBASIC on DOS 3.1 back around 1987. If only the USPTO had people that had a clue.

    11. Re:Prior Art? by shutdown+-p+now · · Score: 1

      ICQ is used pretty heavily in some countries - Russia and other ex-Soviet republics, most notably.

      That said, it's not a good IM protocol. No Unicode until a few years ago (and some clients were slow to catch up with transition), passwords limited to 8 significant characters, numeric user IDs - it's very much a dinosaur.

    12. Re:Prior Art? by ldobehardcore · · Score: 5, Insightful

      The Reason why this disgusting troll is being awarded a patent is because of multiple reasons
      The most prescient is that the USPTO doesn't look for prior art, obviousness or novelty when granting patents.
      The next reason is that the USPTO along with many ill-informed politicians believe that the number of patents granted in a year has a direct correlation to the technological development of the country. This is easily nullified by the very fact that patent trolls exist. Since a company can buy a patent which is a monopoly on a theoretical device, method, or nowadays even a data set (see Monsanto's gene patents), the actual technological imperative to produce is gone. It has been replaced with an incentive to suppress a technology defined in a patent, and when it has been developed by an independent company unaware of the patent, to sue and generate a profit.
      Patents are defined in US law as a way to promote the progress of useful sciences and arts. In the last twenty or more years, it has been shown hands-down that patents do the exact opposite. They grant a monopoly to a company. The company then stands to gain in the short term far more by suing than by investing money in developing the device or method described in it's patents.
      The way that the patent system has been gamed to prevent the public from doing real research and development is deplorable, and I will be glad of the day when patent is done away with.
      I'm sure that patent will exist forever in US government, but all of my observations have show that it is not merely worthless as an institution, but detrimental to technological progress.

      --
      Hectice, baby, Mercator says hello to you
    13. Re:Prior Art? by ak_hepcat · · Score: 2

      Phone didn't have presence, quite. However, in 1991, I abused phone to create a notification system for when your peeps logged in, thereby extending
      a two-way chat application with presence.

      Yes. I've had the code online since 1991.

      Anybody with patents on two-way messaging and presence should probably line up and bite my shiny metal ass.

      --
      Support FSF: Stop thinking with your wallet, and think with your imagination. (cc/non-commercial)
    14. Re:Prior Art? by Anonymous Coward · · Score: 0

      Christ almighty, not this fucking shit again.

      Here we go again- ANOTHER fucking company run by a pair of shitbags who claim to own one or more of the basic building blocks of the internet. Give me a fucking break. Like we're going to pay these fucks at Kootol every we time we press a key, send a text, use email, look at the screen, or breath deeply.

      Oh yes, Great Kootol, it will be our wondrous pleasure to bow to your mighty patent and pay you every step of the way for everything we do with any electronic device known to man! We're also blissfully ready to make retroactive payments back to 2005 that we now understand we owe you, too. Thank you, Lord Kootol for your infinite mercy and for allowing us to serve you!

    15. Re:Prior Art? by msauve · · Score: 1

      Heck, the Egyptians had one-way message via couriers circa 2400 BCE.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    16. Re:Prior Art? by mcavic · · Score: 1

      TAP alpha paging. It's the closest thing there is to SMS. It was around well before 2000, and even in two-way form at some point.

    17. Re:Prior Art? by JAlexoi · · Score: 2

      The abstract in the patent application is so ass-backwards and contorted that nobody could make heads or tails of what the actual invention is.

      My favorite part has to be "knowledge packets"...

      Oh! That is Indglish - English spoken by an moderately* educated Indian guy. The perfect English mangling scheme for patents. Seriously, a lot of Indians do speak like that...

      *- And I use "moderately" in a very loose sense...

    18. Re:Prior Art? by Walt+Dismal · · Score: 3, Funny

      It is so utterly, completely obvious that the taxonomic ignification is merely a matter of sorting the knowledge packets according to chromulence, distification, and relevactory mystilience. I therefore award this patent to these geniuses, void all prior art, and entitle them to billions in ransom. Let it be known that this East Texas court is a fair and honest place where all may come and get their just rewards.

    19. Re:Prior Art? by DigiShaman · · Score: 1

      Damn, my seven digit UNI is still active. Even all my old contacts are still there. It must have been over eight years since I've last logged into it. Ahh, the memories. And it now ties into Facebook? YUK!

      --
      Life is not for the lazy.
    20. Re:Prior Art? by Anonymous Coward · · Score: 0

      ICQ was the US college student IM app of choice 97-98ish.

    21. Re:Prior Art? by Z00L00K · · Score: 3, Interesting

      If only USPTO was responsible for sharing the costs of a failed patent they wouldn't allow them so easy.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    22. Re:Prior Art? by Joce640k · · Score: 4, Insightful

      Tons of older protocols...

      So? This is the USPTO we're talking about, they stamp anything (so long as they get their fee...)

      --
      No sig today...
    23. Re:Prior Art? by jbeaupre · · Score: 5, Insightful

      I currently make most of my income dealing with patents (searching, reading, analyzing, finding problems with them, writing material for them, etc). And guess what? Nobody reads the abstract to figure out the details. All it is useful for is to determine if it's even vaguely related to what you are working on.

      If you base any analysis on a reading of the abstract alone, you are making a huge mistake. Don't bother.

      I'm not saying the patent is valid or not. I'm just saying don't read the abstract.

      --
      The world is made by those who show up for the job.
    24. Re:Prior Art? by Anonymous Coward · · Score: 0

      Ok, anyone else think that the abstract was generated by a random sentence generator? Maybe these guys are making random blocks of text and applying for patents that sound like they match?

    25. Re:Prior Art? by apdyck · · Score: 1

      The telegraph: one- and two-way messaging. It was first invented by Baron Schilling von Canstatt in 1832. I'm fairly certain that this predates the 2005 patent application.

      --
      .sig
    26. Re:Prior Art? by Anonymous Coward · · Score: 0

      Human Operating System (HOS)

      I think they just made that up! (Also - I don't think it means what they think it means.)

    27. Re:Prior Art? by Anonymous Coward · · Score: 0

      1991? Get off my lawn.

    28. Re:Prior Art? by PopeRatzo · · Score: 1

      ICQ, is the text-based talk program, which goes back to at least 4.2 BSD

      In the third grade, in Mrs Woods class, I used to pass notes back and forth with Elizabeth Shafer and Daniel Duggan.

      I claim prior art!

      And I believe my older sister may have invented the cootie catcher some years before, so every company that makes anti-malware software owes her money.

      --
      You are welcome on my lawn.
    29. Re:Prior Art? by mysidia · · Score: 1

      And IRCwas a two-way messaging protocol that started out as a replacement for NTALK, a network-based variant of TALK(1)+FINGER. An IRC system is constructed by a peer-to-peer network consisting of a number of IRC Servers, configured into a tree-based topology designed by the server administrators, and stemming from their choice of which peers to connect together.

      IRC clients even had a /NOTIFY command for monitoring presence (or WATCH list) command. Clients had usermodes they could set on themselves such as /mode yournickname +i (Invisible)

      There was a concept of switching channels with a JOIN CHANNELNUMBER command, with the default channel being 0, later an ability to subscribe to any number of channels using a JOIN #CHANNELNAME command.

      Knowledge packets were transmitted to a channel in the IRC protocol using the IRC PRIVMSG command; abbreviated in most IRC clients to /msg, or simply typing theknowledge packet into a dedicated window for the channel and using 'enter' to transmit.

      Knowledge packets (command buffers) were limited to 512 bytes per message.

      Users connecting to IRC subscribe under a certain nickname, their client transmits a USER and NICK command to select the nickname to subscribe as. Users could publish private messages to other online users using the PRIVMSG command with the recipient's nickname as the destination. e.g. /msg NICKNAME (message here)

      In addition to simple private messages, there was a concept of publish NOTICE using a /notice NICKNAME or /notice CHANNEL name command, and channels had a topic configurable with a /TOPIC command, and channel permissions configurable using a /MODE command.

      Channel ownership was granted to the first subscriber to the channel. In the late 1990s IRC developers introduced IRC networks with bolted on registration services for persistence storage of nickname and channel name ownership and permission control.

      It became a rich protocol with almost every capability of modern IM clients. Though some limitations, and many capabilities modern IM clients still don't have.

    30. Re:Prior Art? by dimeglio · · Score: 1

      Telex anyone?
      Also used messaging in high-school in the late 70's. We used a mechanical teletype to dial-up other schools, then tried to flirt with girls taking computer programming classes. That's when rule 16 was first being considered.

      --
      Views expressed do not necessarily reflect those of the author.
    31. Re:Prior Art? by kelemvor4 · · Score: 1

      Surely the SMTP protocol is a one way messaging protocol - and is older than I am!

      Yeah that or Morse code. Or maybe Indian smoke signals. Or Prehistoric Cave paintings. I think all of those are "one way messaging protocols" more or less.

    32. Re:Prior Art? by MadMaverick9 · · Score: 1

      It's not really even about messaging.

      correct - it's about massaging .
      http://www.kootol.com/Images/US_Pat_11995343_Figure_52.jpg

    33. Re:Prior Art? by Protoslo · · Score: 1
      Though I must brush past all of the grammatical errors, malapropisms and mystifying jargon, to me this seems to be describing some sort of version of Twitter (or combination of Twitter and Amazon's "Mechanical Turk," perhaps), with lots of people tagging things, except "peer to peer."

      Reading the actual patent reveals that the abstract is only tangentially connected to the patent claims: nothing whatsoever is "distributed" or "p2p," and the "invention" described in the independent claims is a combination of Facebook and Twitter in which some users can be anonymous and the central server periodically pushes "content" on you based on calculated conjunction with your interests. In fact, the "UKID," the "expert human agents," the "multiple developers," the "Universal Desktop Search" and "black box search module" make no appearance whatsoever in the claims. The claims actually seem like something that a patent troll with a modicum of sanity remaining could have written. It describes some sort of facebook/twitter thing that may not be legitimately novel, but which one could at least grasp the nature of and imagine existing.

      Perhaps the abstract was written by someone's monoglot Hindi cousin (with the aid of Google Translate) as a joke?

      It turned out that the "description" is the real joke. The following passage seemed representative to me.

      The present Human Service Network (HSN) providing plugging interface for human brain to machine for active participation and interaction via this communication media, wherein brain to brain communication is established via Human Operating System (HOS) thus forming Human Grid (HG) by means of systematically designed taxonomies, ontology and filtering mechanisms with plurality of ways of exploiting Human Services offered via plurality of accredited human agents or knowledge sources selection in terms of HSN Messenger, HSN Mail service and HSN online portal.

      The entire section strongly reminds me of Alan Sokal's famous "Social Text" experiment, in which he carefully constructed a morass of contradictory, fallacious bullshit comprised mostly of postmodern humanities buzzwords and random physics terms, and then submitted it to a sociology journal, which reviewed and published it.

    34. Re:Prior Art? by Anonymous Coward · · Score: 0

      All I gotta say is, http://www.youtube.com/watch?v=5qVlnGIxpzU

    35. Re:Prior Art? by bev_tech_rob · · Score: 1

      Holy run-on sentence, Batman!!

      --
      You're messin' with my Zen Thing, man.....
    36. Re:Prior Art? by Anonymous Coward · · Score: 0

      Probably because the sensational /. headline is leaving something out as usual. Something that would make all the "prior art" bandied about here in this thread not actually prior art for the particular claims in this patent. Obviously the USPTO isn't perfect - but I'll bet they can figure out that IM and email existed a long time ago. So there is probably more to this than we see.

    37. Re:Prior Art? by jfengel · · Score: 2

      This is very true. But the actual claims aren't much better:

      http://www.faqs.org/patents/app/20110078583

      A method of accessing applications for social networking, searching sharing and communication in a plurality of network(s), said method comprising the steps of:registering and/or integrating at least one application(s) from one or more networks at a central server by one or more application provider(s);selecting at least one registered application(s) by at least one user;installing said at least one selected application(s) at one or more networks as per predefined settings or preferences or user data; andpresenting at least one installed applications(s) and/or selective application(s) data to one or more users at one or more networks based on said predefined settings or preferences or user data or domain specific profiles.

      and so on. I don't read patents for a living, but I can usually read them, and nothing in this one gets any traction at all that I can find. If you find something cogent in it, I'd love to hear it. Mostly what I see are vague, meaningless claims followed by a delusionally grandiose background (managing, I note, to misspell "kazaa" in the process).

    38. Re:Prior Art? by Samantha+Wright · · Score: 2

      The first example is probably CTSS mail, which dates to late 1964. Not only is mail older than most people here, it's old enough to have gone out of patent coverage 1.5 times.

      --
      Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
    39. Re:Prior Art? by Anonymous Coward · · Score: 0

      I still remember my 7 digit numeric UID. Nostalgia!

    40. Re:Prior Art? by iamhassi · · Score: 1

      Can't someone just say they don't have a human operating system, a human service network, plug anything into the human brain (wtf?), or do any massaging (they misspelled messaging in several areas)? Seems like this would be the easiest patent to get around ever.

      on the other hand it sounds like a decent syfy story

      --
      my karma will be here long after I'm gone
    41. Re:Prior Art? by Dachannien · · Score: 1

      That's great, but the abstract means nothing. You have to look at the claims to see what's being patented.

    42. Re:Prior Art? by arth1 · · Score: 0, Troll

      Seriously, a lot of Indians do speak like that...

      I think you mean "Actually, a lot of Indians do speak like that..."
      The use of "Actually" to start a sentence seems to be a very good linguistic marker; it should be in your dialect spotting arsenal along with "eh", "yah", "y'all" and "youknow".

    43. Re:Prior Art? by arth1 · · Score: 1

      correct - it's about massaging .
      http://www.kootol.com/Images/US_Pat_11995343_Figure_52.jpg

      Is that why they list "Cameroon Diaz"[sic], or do you find it under the "Matrimonial" tab?

      Based on the introduction text to the patent and that picture, I would guess that the patent is for a spam sending system that auto-installs a client.

    44. Re:Prior Art? by Nikker · · Score: 1

      So the idea is to patent a party then eh? The Human Operating System is a clever one though, probably give a way to work around it since it would be tough to argue if the system is actually operating the "human" or vice versa. With the cost of lawyers now a days it's probably cheaper to hand out a couple bucks then get legal to start billing their hours anyway.

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    45. Re:Prior Art? by arth1 · · Score: 1

      They call it "abstract" for a reason; it's as easy to understand as Henri Matisse, but far less enjoyable.
      I wish patents had a synopsis instead.

    46. Re:Prior Art? by exomondo · · Score: 2

      These two clowns can't even come up with an original logo much less a messaging protocol. http://www.kootol.com/

    47. Re:Prior Art? by jargonburn · · Score: 1

      Oh god. I had to stop reading partway past the second comma. That blob is an affront to my eyes.

    48. Re:Prior Art? by MadAhab · · Score: 1

      This is what happens when you grant patents to marketing departments.

      If you want courtiers and party officials to control technical progress, just say so, and stop hiding it behind civilization-destroying fucking gibberish.

      --
      Expanding a vast wasteland since 1996.
    49. Re:Prior Art? by Anonymous Coward · · Score: 0

      The greatest thing with ICQ is that I could just rightclick on a folder, transfer the whole thing to a contact, and a folder would be created on the recipients system (and it would include all subfolders too).

    50. Re:Prior Art? by REggert · · Score: 1

      Me too! I even still have Pidgin set up to log into it (along with every other account I have), though my ICQ contacts are so old I pretty much never talk to any of them.

      --

      cp /dev/zero ~/signature.txt

    51. Re:Prior Art? by tokul · · Score: 1

      I'm not saying the patent is valid or not. I'm just saying don't read the abstract.

      They have same shit in patent details. email application (prio art), search engine (prio art) and data transfer protocol (proprietary) stitched together. With some hints that it is P2P based with central server (prio art, Napster, year 1999) and can do multicasting (rfc1324, year 1992).

    52. Re:Prior Art? by davester666 · · Score: 3

      This is a new patent. They added " with a computer" to your old, obsolete patent.

      --
      Sleep your way to a whiter smile...date a dentist!
    53. Re:Prior Art? by Anonymous Coward · · Score: 0

      This is Publish & Subscribe.
      I'm sure the Nazgul (IBM Legal team) will be interested in this. They have been selling software that does this sort of thing for years.

    54. Re:Prior Art? by Anonymous Coward · · Score: 0

      The reason they used "Knowledge Packets" is because Digital Underground already came out with Sex Packets

    55. Re:Prior Art? by pmontra · · Score: 2

      I know what happened. The Patent Office read the abstract, couldn't understand a single word (me too), concluded that must be some great and complex invention and granted the patent without any further investigation. They're collecting the fee anyway and not paying damages if the patent gets invalidated later on, so why bother?

    56. Re:Prior Art? by Anonymous Coward · · Score: 0

      I got yer knowledge packets right here, pal!

    57. Re:Prior Art? by jcorno · · Score: 2

      That's the wrong patent application. The author (who doesn't seem to understand patent law) linked to another application by the same inventor. The correct publication is here.

      The first claim in the application (which may or may not be the one that will appear in the actual patent, though it's probably pretty close) is very specific. It requires, among other things, that "each user device [have] a local database and an application for... sharing desktop resources," and that "the information and the application services being delivered to the users are based upon knowledge of relevant experts." I don't see how you could argue that Twitter infringes here, and it definitely doesn't address messaging or chatting in general.

    58. Re:Prior Art? by Anonymous Coward · · Score: 0

      So they invented messaging, search engines and the internet. lol.

    59. Re:Prior Art? by Anonymous Coward · · Score: 0

      Everyone seems to have forgotten about IRC?
      Yes, it can be used just like an instant messaging program, if you want to. Instant messaging programs even support using it like that.

      Also: Me and my friends still use ICQ, you insensitive clod!
      (Fuck MSN! That's for the cattle! What, you use AIM? You *got* to be kidding me! ;))
      But I'll be using my own Jabber/XMPP server/gateway soon.

    60. Re:Prior Art? by Bert64 · · Score: 1

      The patent office should most certainly be liable for the costs incurred as a result of issuing a patent which is later found to be invalid...
      If they issue a patent which is later found invalid, then they have failed to do their job properly... Their own investigations should have found the same evidence, and thus refused to issue the patent in the first place.
      But due to the failure of the patent office not doing their job properly, the company holding the invalid patent incur costs defending it, the companies they attack incur costs defending themselves and ultimately invalidating the patent, and the court incurs costs and wastes time hearing the case. All of this mess, caused because the patent office didn't do its job properly in the first place - they should be liable for the costs.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    61. Re:Prior Art? by Anonymous Coward · · Score: 1

      I read patents for a living and I support the parent's take to ignore everything but the claims.

      This patent's main claim patents the following steps:
      1. Integrating at least one application from multiple social networks on a central server.
      2. Letting a user select one application.
      3. Installing that application at a social network.
      4. Presenting that application to the user.

      I'm not reading it to closely to see if words have special meaning, but it appears to try to cover automatic program installation for cross-social network messaging. Probably obvious, but you'd need something that automatically chooses the right protocol. The novelty may be the attempt to install it "at the social network," whatever that means.

    62. Re:Prior Art? by tsa · · Score: 1

      I have an account on /. since 1996 or so.

      --

      -- Cheers!

    63. Re:Prior Art? by Anonymous Coward · · Score: 0

      They allowed that patent? Please tell me that was an error.

      Claim 1 mentions a says the patent applies to using a Human Operating System. All Apple et al need to show is that they don't use a Human Operating System. Since the writers of the patent never define HOS, they should be golden.

    64. Re:Prior Art? by MichaelSmith · · Score: 1

      Teletype, going back to the start of the last century. Maybe not using computers but definitely digital.

    65. Re:Prior Art? by Anonymous Coward · · Score: 0

      The Reason why this disgusting troll is being awarded a patent is because of multiple reasons

      Why does this remind me of Monty Python's Spanish Inquisition skit?

      Also, why is the parent post modded +5 Insightful when it merely restates well-known problems with patents in the US?

    66. Re:Prior Art? by dredwerker · · Score: 1

      It's not really even about messaging.

      correct - it's about massaging . http://www.kootol.com/Images/US_Pat_11995343_Figure_52.jpg

      My eyes - argggggh - my eyes

      --
      On a long enough timeline. The survival rate for everyone drops to zero. Chuck Palahniuk, Fight Club, 1996
    67. Re:Prior Art? by Lord+Lode · · Score: 1

      Um, actually, I find numeric user IDs a lot better than email. Email as ID gives a lot of problems: spam, or when using a different email adres than your real one to prevent spam, people emailing it and expecting you to see their email.

      I love numeric IDs!

    68. Re:Prior Art? by Lord+Lode · · Score: 1

      Yeah, sure, but was it *on the Internet*?

    69. Re:Prior Art? by Anonymous Coward · · Score: 0

      So they invented messaging, search engines and the internet. lol.

      You forgot the important part, "... on a computer".

    70. Re:Prior Art? by PopeRatzo · · Score: 4, Funny

      This is a new patent. They added " with a computer" to your old, obsolete patent.

      But did they add "with a shiny computer"?

      --
      You are welcome on my lawn.
    71. Re:Prior Art? by Anonymous Coward · · Score: 0

      And yet you have a 6 digit user id....

      What a stupid reply

    72. Re:Prior Art? by Nyder · · Score: 1

      A system for transmission, reception and accumulation of the knowledge packets to plurality of channel nodes in the network operating distributedly in a peer to peer environment via installable one or more role active Human Operating System (HOS) applications in a digital devise of each of channel node, a network controller registering and providing desired HOS applications and multiple developers developing advance communication and knowledge management applications and each of subscribers exploiting the said network resources by leveraging and augmenting taxonomically and ontologically classified knowledge classes expressed via plurality search macros and UKID structures facilitating said expert human agents for knowledge invocation and support services and service providers providing information services in the preidentified taxonomical classes, wherein each of channel nodes communicating with the unknown via domain specific supernodes each facilitating social networking and relationships development leading to human grid which is searchable via Universal Desktop Search by black box search module.

      Holy run on sentence Batman!!!

      That hurt to read.

      --
      Be seeing you...
    73. Re:Prior Art? by arglesnaf · · Score: 1

      I am curious about this, since I get called out constantly for starting sentances with actually. What is this a marker of? I have lived my entire life in Cleveland, but influences include being raised for 6 years by my Grandmother who was from one of the last Irish speaking regions of Ireland, my father born in London, and later by my Welsh step father. I also had a swiss german grandmother which probably makes things worse.

      I have a lot of odd irish pronunciations for select words. I pronounce the L in walk, say probably as praugh-bab-lee, and occasionally say haytch for H, though that has mosty died off. I always assumed the "Actually" thing was another irish artifact.

    74. Re:Prior Art? by LocalH · · Score: 2

      Probably.

      --
      FC Closer
    75. Re:Prior Art? by linuxwolf69 · · Score: 1

      Had that exact problem with a Google+ invitation. Told friend which account to use (which is not the account I have logged into GTalk) and he still sent to the wrong account. I never got the invite.

    76. Re:Prior Art? by creat3d · · Score: 1

      Is Slashdot membership mandatory as soon as you get a computer?

      --
      Grammar nazis are to this community what excrements are to gold.
    77. Re:Prior Art? by arth1 · · Score: 1

      Starting a sentence with "Actually, " is a linguistic marker for several dialects, but in this context, it's very common for Indian English speakers.
      That is to say, chances are high that someone speaking Indian English will start sentences with "Actually, ", but it's just a marker, and other dialects (and idiolects) will also have this marker.
      It's still common enough that the next time you converse with someone who speaks Indian English, listen for it. Chances are it will crop up multiple times during the conversation.

      There are quite a few "false start" words and phrases that act as markers, likely because they give the speaker more time to prepare what they're going to say, and the listener time to focus on the rest of the sentence.
      My typical false start is "Well, ...". Others may say "You know, ...", "In fact, ..." or even the dreaded "Like, ...". Some purse their lips or scratch their beard, but that doesn't work well over the phone. One of the most unique ones is "yah" on an indrawn breath. Then there's the "click the tongue twice or thrice against the front of the palate", which in writing was rendered "tsk, tsk, tsk". Unfortunately, this has been misunderstood, and you now (for liberal values of "now" approaching two generations) have people saying "tsk, tsk".

      Anyhow, my parent post was not meant as a troll; it is possible to talk about other cultures without it being trolling. Off-topic, I have no problems with, but whoever modded it "troll" needs to get out of the PC brigade.

    78. Re:Prior Art? by Anonymous Coward · · Score: 0

      Two words: BITNET Relay

      BITNET Relay - 1985 http://en.wikipedia.org/wiki/BITNET_Relay

      Bitnet Relay—officially The Interchat Relay Network, also known simply as Relay—was a precursor to today's Internet Relay Chat and various online chat systems. It was developed by Jeff Kell (then at JEFF@UTCVM), of (University of Tennessee, Chattanooga) in 1985 in REXX.

      Even before Relay was implemented, one could send an instant message (called MSG) to someone on another computer if one knew the other person's userid (i.e., screen name or login) and the name of the remote computer system the person was logged into. This was a basic function of BITNET systems.

    79. Re:Prior Art? by stealth_finger · · Score: 1

      It's not really even about messaging. The abstract in the patent application is so ass-backwards and contorted that nobody could make heads or tails of what the actual invention is. Here is the abstract:

      A system for transmission, reception and accumulation of the knowledge packets to plurality of channel nodes in the network operating distributedly in a peer to peer environment via installable one or more role active Human Operating System (HOS) applications in a digital devise of each of channel node, a network controller registering and providing desired HOS applications and multiple developers developing advance communication and knowledge management applications and each of subscribers exploiting the said network resources by leveraging and augmenting taxonomically and ontologically classified knowledge classes expressed via plurality search macros and UKID structures facilitating said expert human agents for knowledge invocation and support services and service providers providing information services in the preidentified taxonomical classes, wherein each of channel nodes communicating with the unknown via domain specific supernodes each facilitating social networking and relationships development leading to human grid which is searchable via Universal Desktop Search by black box search module.

      My favorite part has to be "knowledge packets"...

      That whole thing is one sentence, and makes no sense. It's just a lot of technologically advanced sounding words thrown together. What the hell is a 'role active Human Operating System'? Is that a person?

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    80. Re:Prior Art? by spam4rakesh · · Score: 1

      I am not sure its just Indian talk. Its more like lawyer talk. If you see some of patent applications, the wordings describing the patent and the practical sense of that patent are worlds apart.

    81. Re:Prior Art? by Anonymous Coward · · Score: 0

      If you don't know what the 'P' in 'SMTP' stands for, maybe you shouldn't comment on the issue.

    82. Re:Prior Art? by Amouth · · Score: 1

      no but i can see it applying to Apples App store and its auto notification of updated applications (at least on the outside)

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    83. Re:Prior Art? by VolciMaster · · Score: 1

      ICQ is used pretty heavily in some countries - Russia and other ex-Soviet republics, most notably.

      That said, it's not a good IM protocol. No Unicode until a few years ago (and some clients were slow to catch up with transition), passwords limited to 8 significant characters, numeric user IDs - it's very much a dinosaur.

      Guess that make /., with its numeric IDs, a dinosaur, too.

    84. Re:Prior Art? by Anonymous Coward · · Score: 0

      as do i, of course i've long since forgotten my password, and the email address I used no longer exists for me to do a password reset

    85. Re:Prior Art? by X0563511 · · Score: 1

      ... and yet user IDs still don't have any meaningful significance.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    86. Re:Prior Art? by norminator · · Score: 1

      I liked "...in a digital devise of each of channel node".

    87. Re:Prior Art? by Beat+The+Odds · · Score: 1

      I'm not saying the patent is valid or not. I'm just saying don't read the abstract.

      I agree, I generally find the abstracts to be far too abstract....

    88. Re:Prior Art? by jbeaupre · · Score: 1

      It's perfectly acceptable to combine known elements and get a patent. It's the stitching together that's key. The inventor must still demonstrate it is not obvious to do so. Not always easy, but possible.

      --
      The world is made by those who show up for the job.
    89. Re:Prior Art? by Anonymous Coward · · Score: 0

      Their patent will violate my patent of 2 soup cans connected by string.

    90. Re:Prior Art? by ak_hepcat · · Score: 1

      I read slashdot but didn't join for a number of years.

      Same with Blues News
      Same with Digg

      Same with lots of other sites. The ratio of tracking vs registration perks needs to rise above a certain level for me.

      Basically, as soon as I *really* feel a need to reply to some snark-ass middling punk.

      --
      Support FSF: Stop thinking with your wallet, and think with your imagination. (cc/non-commercial)
    91. Re:Prior Art? by Anonymous Coward · · Score: 0

      Check out http://en.wikipedia.org/wiki/Instant_messaging#History which states that instant messaging dates back to the mid 60s. How on Earth did the USPO miss that?

    92. Re:Prior Art? by Grishnakh · · Score: 1

      Exactly. Are any of these older protocols patented?

      "Prior art" only counts if it's a patented invention. Otherwise, the USPTO doesn't care about it, and it's irrelevant to the granting of a new patent. If you apply for a patent on something, they might check to see if someone has already patented something very similar, because that's "prior art" and disqualifies your patent application. If not, you're good. It doesn't matter if there's something out there in the public domain or in industry which hasn't been patented.

    93. Re:Prior Art? by shutdown+-p+now · · Score: 1

      The choice isn't between numeric ID or email. It can be a symbolic ID that has nothing to do with email - such as how it works for AOL, Yahoo messenger, or even Jabber on servers other than GTalk one. The point is that it is easier to remember some presumably meaningful nickname, rather than a sequence of random numbers.

    94. Re:Prior Art? by shutdown+-p+now · · Score: 1

      On /. users have both numeric and symbolic IDs, and, as far as users concerned, it is the second which is primary.

    95. Re:Prior Art? by ldobehardcore · · Score: 1

      I guess I restated it for the noobs.

      At the time of posting I saw people asking the question "Why has the patent been granted" and I obliged.

      In the end all I can say is that I am very passionate about IP law, and don't mind rehashing what common sense, and logic show to be true. At least when speaking to the American public who are so ill-informed and scientifically illiterate that they seem like baby birds waiting for regurgitated worms.

      When I see all the propaganda in the media claiming things that are categorically untrue, it feels like we have traded truth and fact for some kind of mysticism and religion (eg: that the Idea of climate change is CONTROVERSIAL when it has been proven to exist).

      I understand it's not my responsibility to fight against the horrible illogical fallacies of modern "Commentators" but the least I can do is try to reveal the problems in the popular ideas of the time.

      --
      Hectice, baby, Mercator says hello to you
    96. Re:Prior Art? by ldobehardcore · · Score: 1

      HaHa!

      Seriously?!
      They're using Google's style of logo!
      God you're right! They are the most incompetent clowns I have ever seen! They must be violating Google trademark! What a bunch of assholes.

      --
      Hectice, baby, Mercator says hello to you
    97. Re:Prior Art? by hostyle · · Score: 1

      So this is how Apple get so many new patents ...

      --
      Caesar si viveret, ad remum dareris.
    98. Re:Prior Art? by JAlexoi · · Score: 1

      I work with Indians a lot and I've done reviews of patents. This is very much like an edited version of Indglish. Though sometimes Indglish can be as complicated to understand as patentspeak.

    99. Re:Prior Art? by VolciMaster · · Score: 1

      On /. users have both numeric and symbolic IDs, and, as far as users concerned, it is the second which is primary.

      ICQ had (has?) symbolic IDs as well

    100. Re:Prior Art? by shutdown+-p+now · · Score: 1

      Can you give an example? Sure, you can specify your name, but it's not unique. The only unique thing identifying a particular ICQ account is its number.

  2. Thought I would post an electronic message here... by Anonymous Coward · · Score: 0

    Surely the SMTP RFC negates this...?

  3. Software patent implosion by Twinbee · · Score: 4, Interesting

    Good, the more ridiculous the patents get, the quicker something will be done to fix the mess. Personally, I'd like to see this patent granted, and dozens of companies ordered to pay lots of damages to the angelic company that is Kootol. ....if only to see the backlash from a thousand juggernauts against the current patent system ;)

    --
    Why OpalCalc is the best Windows calc
    1. Re:Software patent implosion by Baloroth · · Score: 2

      This. Also, seriously, trying to sue Google, Yahoo, Apple, Microsoft, AOL, Amazon, and pretty much every other major tech company all at once? I honestly think that this might have a serious chance of destroying software patents entirely. I mean, sure, the companies will be able to defend themselves, but the legal costs of having to do so against this obvious troll might finally drive them to push for fixing our damned patent system. Or maybe they'll just buy the patent (or something) and things will get worse. Judging by past experience, that seems most likely.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    2. Re:Software patent implosion by Grave · · Score: 5, Insightful

      The mere fact that we're having to pin our hopes of patent reform on corporate interests is disgusting, and proof of the inherent failure of the US government to act on behalf of the interests of the greater good of its citizens in practical matters.

    3. Re:Software patent implosion by stms · · Score: 1

      Most of the thousand juggernauts you speak of are only juggernauts themselves because the patent system is the way it is. They'd much rather pay some miniscule fee than destroy their entire business model. It's going to need to get much worse before it gets better.

    4. Re:Software patent implosion by mr_lizard13 · · Score: 1

      I'd respond to your comment, but I'm worried I'd be violating Kootol's patent if I did.

      --
      "We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
    5. Re:Software patent implosion by hamburgler007 · · Score: 2

      The failure of the US government to act on behalf of the interests of the greater good of its citizens lies with said citizens.

    6. Re:Software patent implosion by Anonymous Coward · · Score: 0

      Well it's not like you're going to do anything about it, so suck it up.

    7. Re:Software patent implosion by causality · · Score: 3, Insightful

      Most of the thousand juggernauts you speak of are only juggernauts themselves because the patent system is the way it is. They'd much rather pay some miniscule fee than destroy their entire business model. It's going to need to get much worse before it gets better.

      (emphasis added)

      Isn't that so typically the case? I'd say there seems to be nothing more American than avoiding at all costs the use of foresight and prevention (i.e. before something turns into a crisis) but unfortunately, the USA doesn't have a monopoly on this.

      Fools are the sort who really desire political power. Nothing is less evident to a fool than the fact that every large national crisis was once a small problem that could have been resolved with relative ease, but the failure to do so allowed it to grow and evolve into a monster.

      The idea scales in both directions. It's true of individual personal lives and it's true of national affairs. Those who don't understand this think they are victims of misfortune. The reality is, an actual victim of misfortune that was completely unforeseeable and non-preventable is an extremely rare entity. On the national scale though, there is a grave injustice built into this: the fact that those who did see it coming are few and tend to be drowned out by the din of reactive fools. When they are affected by broken systems, they get to suffer along with those who really deserve it.

      Funny how when politicians talk about "fairness" (really a puerile version of justice), distribution of wealth is the only kind they seem to recognize.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    8. Re:Software patent implosion by Anonymous Coward · · Score: 2

      Indeed. The Republicans fuck up, so the fools vote in the Democrats. The Democrats fuck up, so the fools vote in the Republicans. The Republicans fuck up, so the fools vote in the Democrats. The Democrats fuck up, so the fools vote in the Republicans. Holy fuck, there might just be a cycle going on here.

    9. Re:Software patent implosion by thejuggler · · Score: 0

      I guess you have no understanding of patents. They were never meant to be for the greater good of society. There were meant to protect inventors of things from those that would steal the ideas. The holder of the patent gets to decide if they want to release the patent to society for the greater good.

    10. Re:Software patent implosion by Sarusa · · Score: 1

      Well that's a nice thought (and I would hope that would be the outcome) but that only works when you've got someone in the decision making chain who's (choose one) sane or views that as a bad outcome.

      For instance, normally when you end up with standard procedure involving sexually molesting children you might stop that, but for DHS that's just reasonable procedure.

      In this case, big companies can settle up with Kootol and it becomes yet another barrier for entry to small businesses. As far as they're concerned, that's a good outcome. It's worth the small outlay to keep new competitors out.

      I'm especially remembering the horrible naivete of the early internet years when everyone was convinced nobody would stand for massive violations of privacy, tracking, traffic shaping, etc.

    11. Re:Software patent implosion by greenbird · · Score: 4, Insightful

      I guess you have no understanding of patents... There were meant to protect inventors of things from those that would steal the ideas.

      I guess you have no understanding of patents or at least not if you're from the US. They were never indented to protect inventors from anything. You might want to take just a little peek at Article I, Section 8, Clause 8 of the United States Constitution. The only Constitutional justification for granting monopoly rights to something is "To promote the Progress of Science and useful Arts". Nothing in there about protecting inventors from anything. And seems to me that justification is pretty focused on the greater good of society.

      --
      Who is John Galt?
    12. Re:Software patent implosion by Anonymous Coward · · Score: 0

      "act on behalf of the interests of the greater good of its citizens in practical matters."

      As much as I detest the patent system I'm horrified at your concept of the purpose of government but ok.

    13. Re:Software patent implosion by Archangel+Michael · · Score: 2

      Government only looks out for the good of itself. Which is the simple reason it should be limited and very defined roles. Not the "do it for the children" nanny state we've become.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    14. Re:Software patent implosion by jrumney · · Score: 2

      "The software you are suing over predates your patent. Do you wish to continue?" If you answer "Yes" to that question, you should become liable for triple the damages you are claiming upon losing the case.

    15. Re:Software patent implosion by msauve · · Score: 2, Informative

      You mean, other than the "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" part which you conveniently left out.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    16. Re:Software patent implosion by amiga3D · · Score: 1

      It's called the two party shuffle. There is really only one party...the money party. They use push button issues like abortion to keep people divided so they can lift their wallets.

    17. Re:Software patent implosion by Anonymous Coward · · Score: 0

      Google, Yahoo, Apple, et. al. even combined do not even measure up to the match of the IP enforcement organizations.

      The RIAA has been doing DRM for over a century. They buy whatever laws they see fit in any country.

      I wish the computer companies the best, but the people who wield the gavels will always give deference to the "old guard" as opposed to upstarts that want to change the status quo.

    18. Re:Software patent implosion by VortexCortex · · Score: 1

      Government only looks out for the good of itself. Which is the simple reason it should be limited and very defined roles. Not the "do it for the children" nanny state we've become.

      "Do it for the children" -- Ah you mean the Ministry of Ministry...

    19. Re:Software patent implosion by White+Flame · · Score: 1

      the fact that those who did see it coming are few and tend to be drowned out by the din of reactive fools.

      Unfortunately, a prevailing quote heard in Wall Street and Washington is IBGYBG: "I'll be gone, you'll be gone". They know what's up, and try to make a buck off it while attempting to kick the problem down the road for the next guy.

    20. Re:Software patent implosion by dcollins · · Score: 1

      I call this the "shoot myself in the foot" theory of political action.

      I don't think ever seen anything in my life work out that way. Maybe oppress a pretty white woman somehow, that occasionally gets results.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    21. Re:Software patent implosion by The+Master+Control+P · · Score: 3, Insightful

      And once we've successfully got the size of government down to the point where it can be drowned in the bathtub at Grover Norquist's convenience, who exactly do you think it going to stand up to the corporate plutocrats, even in principle?

      It may surprise you but there are a few people out there who actually will fight for the people given a chance. Think of the Roosevelts. Of course, since the modern GOP deliberately sabotages the government for the purpose of proving that government doesn't work...

    22. Re:Software patent implosion by Anonymous Coward · · Score: 0

      You've got an invisible hand up your ass.

    23. Re:Software patent implosion by VortexCortex · · Score: 1

      Good, the more ridiculous the patents get, the quicker something will be done to fix the mess. Personally, I'd like to see this patent granted, and dozens of companies ordered to pay lots of damages to the angelic company that is Kootol. ....if only to see the backlash from a thousand juggernauts against the current patent system ;)

      I agree, however it's going to get far worse for software developers (especially the little guys) before it gets better.

      Is there any company in a country that does not recognize software patents that would like to make a deal to be the owner and distributor of new algorithm amalgamations created by those who are researching applied mathematics in the US and other software patent recognizing countries?

      I'm sure you would receive copious software ownership assignments if you gave awards to the math scholars and scribes for their discoveries and records; To raise this donation money you could sell access to the "research papers" and even executable mathematical proofs -- Much like other Scientific Journals currently do with other discoveries...

      Additionally, I'm also a Free Software developer. The purpose of patents is to get the "inventions" out from behind closed doors and into the public domain while allowing temporary benefits to those who do so. Why is it that patents can prevent free software from being distributed? We've already fully complied with the initial intent of the patent laws' purpose.

      Furthermore, to my knowledge, source code and/or software alone may not infringe a patent because the patent claim itself or a translation of it into another language such as French, German, Spanish, Japanese, English or Pseudo-code does not cause infringement. In fact if it were not for the "apparatus" part of "Method and apparatus for ___" then software would not be patentable. Thus, since NO software is an apparatus -- it's merely instructions to be fed into a general purpose computing apparatus -- the only infringers are those who actually run the compiled or interpreted source code in such an apparatus, thus meeting the "Method and Apparatus" requirement.

      The infringers are the end users; Not the machine manufacturer who creates blank general purpose computers, or the programmer who may have said: "You mean what I wrote was patented? Neat! To better illustrate your patent's claims I've simply translated them into my native language: Machine Code."

    24. Re:Software patent implosion by Attila+Dimedici · · Score: 1

      Where do you think the "corporate plutocrats" got their power in the first place? They got it by harnessing the demands of the government to "do something". Every few years, there is a movement demanding that the government reign in the "corporate plutocrats". The politicians pass some laws that purport to do so. Shortly thereafter, it becomes apparent that the "corporate plutocrats" have even more power. Then the cycle repeats.
      This does not mean that no government regulation is a net benefit. It is just that we have long passed the point where more government regulation is the answer an entered into the zone where less government regulation is the answer.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    25. Re:Software patent implosion by Anonymous Coward · · Score: 0


      . . . failure of the US government to act on behalf of the interests of the greater good of its citizens . . .

      Governments never act for the good of the citizens - that's why the Constitution of the United States was written: to restrain the government from doing that which infringes the rights of the citizens. Of course everyone always whines about being strict in the interpretation of the Constitution - until they realize that the current state of things is a disaster and that things aren't working.

    26. Re:Software patent implosion by Daniel+Dvorkin · · Score: 4, Interesting

      Good, the more ridiculous the patents get, the quicker something will be done to fix the mess. Personally, I'd like to see this patent granted, and dozens of companies ordered to pay lots of damages to the angelic company that is Kootol. ....if only to see the backlash from a thousand juggernauts against the current patent system ;)

      Unfortunately, it's not likely to work out that way. Kootol will no doubt be crushed, but the giant companies they're suing will most likely pay off Congress to "reform" the patent system in a way that makes it more difficult for small patent trolls to operate while still allowing the giants to go after small developers (and not-so-small, as in Microsoft's ongoing war against Linux.) Don't ask me what the specific wording will be; I don't claim to know, but they've got armies of lawyers to write the language to achieve the desired result.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    27. Re:Software patent implosion by Anonymous Coward · · Score: 1

      Lose the tin foil hat please, the limited times is solely to encourage initial production. If there is no protection there is no incentive for a large number of products. May not be the case for art and music by varying degrees but it allows corporations to see profit on investment to allow the investment in the first place.

      His premise still stands copyright and the patent system was intended to be for the good of the people, now however it is abused to protect producers for extrodinary lengths of time, in most cases jumping entire generations.

    28. Re:Software patent implosion by Anonymous Coward · · Score: 0

      The mere fact that we're having to pin our hopes of patent reform on corporate interests is disgusting, and proof of the inherent failure of the US government to act on behalf of the interests of the greater good of its citizens

      So, the events of 9/11 weren't proof of the latter assertion to you already?

      Oh, I get it now. You're using the Obscene Court definition of corporations as "citizens".

    29. Re:Software patent implosion by Anonymous Coward · · Score: 1

      The objective is "To promote...", as quoted by GP.

      The "by securing for..." part is the means by which this objective is to be achieved, not part of the objective itself.

    30. Re:Software patent implosion by a_hanso · · Score: 1

      You are right. Patents are there to allow the disclosure of what would otherwise have been a trade secret, *without* screwing over the person who invested time/money to discover it. It's there so that others can replicate and improve upon an inventor's work.

      A patent that does not describe *how to construct* the invention in question has no business being granted.

    31. Re:Software patent implosion by microbox · · Score: 1

      There's lots of people out there who think that businesses should just do what they want, and that the government shouldn't intervene at all. So if a business wants patents, then they should get them, and we should reward the job creators who run the businesses with tax loop-holes, so they pay less (percentage) then their secretaries.

      People really believe this.

      --

      Like all pain, suffering is a signal that something isn't right
    32. Re:Software patent implosion by ATMAvatar · · Score: 1

      You mean less regulation like the oil and banking industries?

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    33. Re:Software patent implosion by Archangel+Michael · · Score: 0

      All the regulations in the world didn't stop the Banking mess and the oil spill in the gulf. And they all are regulated quite heavily. And if you're concerned about obscene profits of the Oil Industry, Government makes more money on Oil than the Oil Companies do. The problem isn't the regulations it is the people running them. Start by tossing boards of directors in jail and fining them for not doing their due diligence. And institute a corporate death penalty.

      Of course you can over regulate the shit out of a people and what happens is you have "California" where businesses are leaving in droves because you simply cannot do business in California without some Bureaucrat sticking his nose into it. And by that I mean even dictating even how McDonalds can't have happy meal toys, or grow a friggin garden in your front yard without someone fining you.

      Or how do you like the Tits, Scrotum Ass fondlers at the airports?

      Lastly, You should probably remove the sig from your posts, as you clearly don't grasp its significance.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    34. Re:Software patent implosion by greenbird · · Score: 1

      Patents are there to allow the disclosure of what would otherwise have been a trade secret, *without* screwing over the person who invested time/money to discover it.

      Although you're right that's how the current patent regime is supposed "To promote the Progress of Science and useful Arts" it definitely doesn't serve that purpose in practice.

      --
      Who is John Galt?
    35. Re:Software patent implosion by Anonymous Coward · · Score: 0

      Holy fuck, there might just be a cycle going on here.

      Insanity: doing the same thing over and over again and expecting different results.

    36. Re:Software patent implosion by greenbird · · Score: 1

      You mean, other than the "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" part which you conveniently left out.

      I didn't conveniently leave it out. That isn't the justification. That's the Constitutionally defined method. There's a difference between the two. The section you quote has nothing to do with why congress has the power to make laws "securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries". The reason why Congress can make such laws is "To promote the Progress of Science and useful Arts". If the laws don't do that they're unjustified.

      --
      Who is John Galt?
    37. Re:Software patent implosion by BoberFett · · Score: 1

      How exactly will a "business do what they want" and get all these patents, without government intervention?

      You are a fucking moron.

    38. Re:Software patent implosion by WaywardGeek · · Score: 1

      I like the idea of a foreign company who's purpose is simply to own software that the author is too afraid to claim responsibility for. We might even want to got deeper under ground and have a P2P system like GNUnet where people can publish code anonymously, without having a central server that could be blocked by the US. It makes me mad to even think about having to hide authorship of creative works. But that's the direction we're headed in the US. Being creative will only be legal in other countries.

      --
      Celebrate failure, and then learn from it - Nolan Bushnell
    39. Re:Software patent implosion by Dhalka226 · · Score: 2

      Government only looks out for the good of itself.

      Correct. However the reason that looking out for itself is not looking out for the people is because we have proven, time and again, that there is no consequence for doing otherwise. Approval rate of Congress? Approximately 30%. Re-election rate of incumbents? Around 90%.

      This has little to do with the size of government. It has somewhat to do with the construction (the fact that we have allowed things to devolve to a two party system in particular), but ultimately it is a reflection on the fact that we are unwilling to hold politicians accountable, even about things that make us extremely angry; that we tend to be one-issue voters and that that issue is never "being a statesman instead of a politician." If we put them on notice that screwing around was going to lose them a job- and that we wouldn't simply bounce to the opposite party until they annoy us enough to bounce to the original--then looking out for itself and looking out for the people, political differences of opinion aside, would be one in the same.

      I've said it before and I'll say it again: More and more I am coming to believe that we get exactly the government we deserve.

    40. Re:Software patent implosion by geoskd · · Score: 1

      The failure of the US government to act on behalf of the interests of the greater good of its citizens lies with said citizens.

      When Democracy came to the north American continent, it was better than the alternative. It took 200 years, but the bad elements have figured out how to completely game the system. The fault lies with the system, not its constituents. When democracy requires the active involvement of a majority of its citizens to function properly, then it is a failure. Government is supposed to keep bad people off the backs of common people. If people have to work to keep government *and* bad people off their own backs, then what the hell do they need government for?

      -=Geoskd

      --
      I wish I had a good sig, but all the good ones are copyrighted
    41. Re:Software patent implosion by Attila+Dimedici · · Score: 1

      Considering that those were too of the most regulated industries when the latest problems in them happened, what makes you think that increasing the regulations on them is going to help? I do know that one of the causes of the latest financial mess was the result of banks that were "too big to fail". As a result of that mess, an people like you, they passed the Dodd-Frank bill (named after two legislators who worked to keep anyone from addressing the problem before it blew up and then wrote the law that is supposed to keep it from happening again). The Dodd-Frank bill has already resulted in numerous small banks being purchased by larger banks, because the new regulations are too expensive for many small banks to remain profitable. How does that address the problem of banks that are "too big to fail"?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    42. Re:Software patent implosion by ScentCone · · Score: 1

      And once we've successfully got the size of government down ... who exactly do you think it going to stand up to the corporate plutocrats, even in principle?

      You've completely missed the point (and history). The only reason that special interests (like people who run companies in a particular industry, or huge labor unions, or identity grievence groups, etc) have any clout within government is because government is so sprawling and so unncecessarily involved in the details of people lives and daily transactions. Reduce government's role in running your daily life, and you have less of a playground for lobbyists to help legislators write laws impacting those areas.

      Think of the Roosevelts.

      What a fantasitcally un-informed, or (more likely) deliberately misleading thing to say. Regardless, just take one Roosevelt: FDR has done more to create dependency on government by large portions of the population, and slavery to those people by a minority of the population, and juvenile dislike and resentment for those who produce things by those who do nothing than any other person in modern history. Pure poison, and we're facing the inevitable dire financial straights, today, that he set in motion. Thanks Roosevelt. And thank you for being yet another person who thinks the only reason the country is out of money is that it hasn't yet spent (or promised to spend) enough that it doesn't have on FDR-ish entitlements for those that don't actually contribute anything. Yes! If we just expand government a lot more, perhaps adding a few trillion more to the deficit every year, that will fix it, right? Do you people even listen to yourselves?

      --
      Don't disappoint your bird dog. Go to the range.
    43. Re:Software patent implosion by umghhh · · Score: 1

      were you not supposed to be in charge of who is in charge of things in your country? I thought you were. So why are you not. Maybe because most of US citizens (as do citizens of all other 'democratic' countries) think that democracy is when you go to vote which is a serious mistake. In some cases there is no way for a single citizen to participate meaningfully in any apparently democratic process. This may mean that system in fact requires retuning. This was traditionally called revolution in the past. It is an unpleasant and usually difficult and more often than not dangerous activity as the state and corrupt powers that be will do quite some to protect status quo. There is also this small little thing - technological progress that increases abilities of security services to detect and normal citizens to remove any protection of privacy that they once had. This and automation of warfare means that citizens have ever smaller influence on what is happening. This may also have something to do with the size and complexity of a state - if these grow to big the citizen stands alienated as feeling of community that is needed to form structures like state from the bottom. Of course you can build state from above. Naturally state even if a republic (by name: common thing) tends to get corrupted and flawed longer it lasts and bigger it is. One can discuss this a bit further but that would be quite off topic here I guess. There might be interesting ideas how to improve state of democracy in modern world: These are ignored by common folk as well as politicians because of ignorance and lack of interest. So we are where we are and hope for the best.

    44. Re:Software patent implosion by Captain+Taboo · · Score: 1

      A "small government" is not necessarily a weak government. There's no reason why a government couldn't do just a few basic functions (army, police, courts, environmental protection, roads, etc.) but do those functions really well (i.e, the army is well-equipped but sticks strictly to national defense; environmental standards are based on science and are strongly enforced; the police and court system treat all people equally, regardless of economic or social status).

    45. Re:Software patent implosion by Builder · · Score: 1

      Really ?

      You're not still going on about that silly "By the people, for the people" foolishness are you ? :p

    46. Re:Software patent implosion by Anonymous Coward · · Score: 0

      You would think so, would you? Sadly, your response is a prime example of why your country is in the state it's in: thinking that you should be handed your life on a silver platter. It is the most perverted example of the Modern American Dream that I have seen. Let's quote some of your great leaders, then:

      "Liberty has never come from the government. Liberty has always come from the subjects of it. The history of liberty is a history of resistance." -- Woodrow Wilson

      "I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations" -- James Madison

      "In the truest sense, freedom cannot be bestowed; it must be achieved" -- Franklin D Roosevelt

      "You don't get everything you want. A dictatorship would be a lot easier" -- George W Bush

    47. Re:Software patent implosion by Svartalf · · Score: 1

      It's not a Democracy that the people of the United States currently enjoy. We don't vote on every issue of governance. You choose those whom represent your interests in Government and they make those decisions for you. As such, we have a democratically chosen republic - which the distinction is actually rather important and the failing to understand the distinction is part of the source of the problems we face inside the borders these days.

      As it stands, there's several things going on that the Founding Fathers had not envisioned (or even intended)- and some of it is due to the Government clearly not abiding by the laws that restrict it's actions, and some of it is due to structural changes made by Amendments by people that plain flat didn't understand the why of things like the Senate (Official representation chosen by the States FOR the States, not by popular vote like the Representatives were- which were the people's representation within the system, hence the name of the segment in question...). In all cases, it's been because people just don't understand what their requirements and obligations are.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    48. Re:Software patent implosion by Shotgun · · Score: 1

      I don't think you understand how government programs work...

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    49. Re:Software patent implosion by cusco · · Score: 1

      the inevitable dire financial straights, today, that he set in motion.

      Do you not know anything at all about modern history??? FDR's programs saved tens of thousands of people clearly and directly from starvation. Not unemployment, not poverty, STARVATION. There was no social safety net at the time, people who couldn't find work in the economic catastrophe that the corporations had brought about didn't eat. Social Security was about keeping widows and orphans from dieing in the streets. Crop supports were about keeping farm families solvent enough that they didn't starve to death over the winter. I am not exaggerating, people were dying by the thousands and it was only getting worse, look it up. Who was going to save them? The Fords, Carnegies and Rockefellers did nothing in response to the national disaster they had brought about, except retreat to their country estates ringed by men carrying Tommy guns. FDR's programs led to strong government and strong middle class that ruled America and made it prosperous for half a century, until the corporations managed to finally tear them down. It's hardly FDR's fault that ADM and Monsanto now suck down the money meant for small farmers and that the banks have once again proven that they cannot operate without supervision. Blame that on Ronnie Raygun and his ideological descendents.

      r.e. your sig; Why not just take them hunting?

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
  4. I am waiting to see someone patent the textbooks by weiqj · · Score: 0

    from CS 101 to advanced courses.

  5. Nice try by Anonymous Coward · · Score: 0

    So, patent filed in 2005. Facebook launched in 2004. Nice try!

    Also, next time, maybe you shouldn't take your podunk "company" and try suing IBM, Apple, and Google all at the same time. They could literally just pay their lawyers to come and sit on your lawn and you'd be crushed under their combined gravitational weight.

  6. Really? by Renraku · · Score: 1, Interesting

    I'm pretty sure I was using instant messaging programs well before 2005. I remember having used them since I discovered computers in the late 80s.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:Really? by Arancaytar · · Score: 4, Funny

      In that case you owe me patent royalties, as I invented the digital computer last week.

      Surely I have at least as sound a claim as Kootol does.

    2. Re:Really? by baegucb · · Score: 1

      I sent instant messaged to someone 350 miles away on an IBM 370/125 in the 70s. If two computers have communication, there is usually a way that can be worked out. And yeah, I was told on IRC in the 90s I was "older than dirt."

    3. Re:Really? by hedwards · · Score: 2

      You're doing it wrong, you need a block of text so obfuscated that the USPTO isn't quite sure what they're granting.

    4. Re:Really? by Anonymous Coward · · Score: 0

      But this is real time and using a computer. Not like... say... talk/ytalk. Maybe there's something else...did they also patented water?

    5. Re:Really? by MobileTatsu-NJG · · Score: 1

      I'm pretty sure I was using instant messaging programs well before 2005. I remember having used them since I discovered computers in the late 80s.

      You're responding to the click-bait headline, not the patent.

      --

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

    6. Re:Really? by Haedrian · · Score: 5, Funny

      Method and Apparatus for use of SIlicon with additives to create electric motion in order to provide a system of postively charge regions thereafter called 1s and a system of negativly charged regions therafter called 0s in order to create, transmit,produce,transfer,convert,read,translate,display,distinguish,perform arthematic functions upon,simulate,compute information packets in order to allow a human user (HU) the ability to create, transmit,produce,transfer,convert,read,translate,display,distinguish,perform arthematic functions upon,simulate,compute further information packets which are then translated into motion of photons and EM radiation of specific frequencies by use of a 'monitor' in order to give Human Readable (HR) results which the human user (HU) is using.

    7. Re:Really? by Jason+Levine · · Score: 1

      I used instant messaging programs to converse with my wife back when we were dating (1998 - 2001). We also met in a chat room. Can I count our marriage and 2 kids as prior art?

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    8. Re:Really? by Anonymous Coward · · Score: 0

      Disqualified - Proper use of commas and fullstops found.

    9. Re:Really? by Anonymous Coward · · Score: 0

      I'm sorry, but your abstract is too easy to read. We have therefore decided to reject your patent.

    10. Re:Really? by VortexCortex · · Score: 1

      The murky forest stands before you - a giant maw of gloomy darkness
      ever beckoning.

      (L)ook for something to kill
      (H)ealers Hut
      (R)eturn to town

      HitPoints: (16 of 20) Fights: 10 Gold: 500 Gems: 2

      The Forest (L,H,R,Q) (? for menu)

      Your command, user? [41:6] :
      - -- --=[ Depths of the Vortex BBS Daemon Notice : SysOp Wants to Chat ]=-- -- -

      I'm pretty sure I was using instant messaging programs well before 2005. I
      remember having used them since I discovered computers in the late 80s.

      - --=[ /\ User: Renraku /\ ]-=-[ \/ Sysop: VortexCortex \/ ]=-- -

      Yeah, I'm pretty sure the BBS software I created in 1988 had such a feature.

      In fact, many Will-o'-the-wisps delivered "Knowledge Packets" in real
      time among the my many users of my 12 line BBS.

      I preferred instantaneous character transmission. It was a bit more
      intimate when you could actually see the folks on the other end typing as
      they... typed?

    11. Re:Really? by Arancaytar · · Score: 1

      A few tech buzzwords followed by lorem ipsum should be enough; they probably stop reading before the end of the first sentence.

    12. Re:Really? by Anonymous Coward · · Score: 0

      That paragraph made more sense than the actual patent.

    13. Re:Really? by Anonymous Coward · · Score: 0

      Sorry, but that was far too understandable.
      Please try again.

    14. Re:Really? by Anonymous Coward · · Score: 0

      Mod parent down. Off topic.

      TFA is about US20100030734, not US20020062916.

    15. Re:Really? by Linker3000 · · Score: 1

      Meh, my device uses Sapphire and I call my positively charged regions 0s and my negatively charged regions 1s, so I'm in the clear.

      --
      AT&ROFLMAO
    16. Re:Really? by me.at.work · · Score: 1

      You had me at silicon...

    17. Re:Really? by Shotgun · · Score: 1

      Wasn't the telegraph a digital messaging system?

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    18. Re:Really? by toriver · · Score: 1

      ... but was it running a Human Operating System? And did it exchange Knowledge Packets?

  7. Patent system is broken! by Cadallin · · Score: 5, Insightful

    Here's the problem, even ignoring issues like software patents, and the morass they cause. The USPTO has stated that they're overwhelmed, so they're just checking the paperwork, and if its all in order, they rubber stamp it and grant the patent, the courts can sort out what patents are valid, they say. Meanwhile, the Courts are continuing to defer to the expertise of the patent office, and are EXTREMELY "reluctant" to void patents. So we get any invention, no matter how obvious, no matter how old, being patentable. And as long as you're smart about who you sue as a patent troll, (pick targets who can't afford to defend themselves, and file in known friendly courts), you're golden. The system is totally borked.

    1. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      But how much of the 'morass' is caused by software type patents?

      It seems like a huge percentage of patents that are filed are for software and gui's design (not really even the code just the layout). My opinion is those should be handled under copyright and trademark laws. Any physical device handled by patent.

    2. Re:Patent system is broken! by Twinbee · · Score: 1

      I'm usually the last person to speak about the benefits of more work (and will cite the broken windows fallacy at the nearest opportunity).

      But on this occasion, it looks like they could do with more workers. Qualified workers at that.

      --
      Why OpalCalc is the best Windows calc
    3. Re:Patent system is broken! by Spigot+the+Bear · · Score: 0

      BRB, filling out a patent application: Method for propelling a platform along a flat surface using rounded supports attached by a shaft.

    4. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      > so they're just checking the paperwork,

      It is worse than that. If they grant the patent they get to collect fees. If they reject they they get less revenue. The more revenue they get the more employees there might be to clear the backlog. More employees means higher saleries for the managers.

      If patents are challenged then guess what happens: they collect more fees. If the courts void a patent then what is the comeeback on the USPTO ? Well future fees are lost but they don't even have to give back fees they have collected.

      This is the 'indulgences' of the 21st century.

    5. Re:Patent system is broken! by Cadallin · · Score: 1

      Given that they granted "Method for swinging on a swing" I wouldn't doubt that they'd grant it.

    6. Re:Patent system is broken! by St.Creed · · Score: 1

      They have no incentive to hire more workers, because it means higher costs. Currently they have a good income by rubber stamping everything but the costs of these patents are conveyed to the consumers. Unless their mandate is changed, they won't reform.

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    7. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      It seems the problem is more software and method type patents than the whole system. What good software engineer is going to become an examiner for the USPTO compared to the benefits they could receive elsewhere.

    8. Re:Patent system is broken! by shutdown+-p+now · · Score: 1

      It seems like a huge percentage of patents that are filed are for software and gui's design (not really even the code just the layout).

      "Just the layout" is actually a reasonable design patent (unless it's too broad). It's also not all that harmful, since rearranging the UI elements is easy.

      My opinion is those should be handled under copyright and trademark laws. Any physical device handled by patent

      That's already how it works. The problem is that patent claims then begin with "a computational device, executing code that does ..." - so the patent is for a physical device by the letter of the law.

    9. Re:Patent system is broken! by hedwards · · Score: 1

      Perhaps we should go back to actually funding the USPTO mainly with tax revenue. I realize that there's a lot of people here that are opposed on principle, but sometimes taxpayers are the correct party to fund things.

    10. Re:Patent system is broken! by Archangel+Michael · · Score: 1

      If this is the case, then the whole thing needs to just go away. "we can't do our job because we're too busy not doing our job" is no excuse.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    11. Re:Patent system is broken! by greenbird · · Score: 1

      Meanwhile, the Courts are continuing to defer to the expertise of the patent office, and are EXTREMELY "reluctant" to void patents.

      The problem isn't reluctance but rather the current legal standard for invalidating a patent. Once a patent is granted it requires "clear and convincing" evidence to invalidate it. It's neigh impossible come up with "clear and convincing" evidence of anything relating to something like software that your average ditch digger or housewife, hell, or even your average judge has little understanding of. All the defense has to do is throw out just a little baffling bullshit and there goes "clear and convincing" out the door. And we won't even go into the expense involved which is unrecoverable even when the patent is invalidated.

      --
      Who is John Galt?
    12. Re:Patent system is broken! by Mr.+Underbridge · · Score: 1

      That's a very good synopsis. It seems very dysfunctional that the USPTO can't accomplish what a message board can - namely, accumulate a number of folks with depth of experience who can rattle off prior art from the tops of their heads.

      It seems to me that the patent system should contain a component of peer review. Allow any interested parties to submit 1-page briefs over a 1-month period, limit one per company to prevent DoSing of the poor inventor. Then allow inventor to respond to the briefs as to how his invention doesn't run afoul of the claims in the briefs. Independent (and blind) to that, a USPTO staffer does a cursory search of existing patents and a general internet search, using maybe half a day including report. That report and the briefs are submitted to the reviewer, who assesses whether the invention deserves a patent.

      Seems to me that kind of approach would allow all stakeholders to provide input before the patent is granted, and would significantly reduce the workload on the USPTO.

    13. Re:Patent system is broken! by sribe · · Score: 3, Interesting

      What good software engineer is going to become an examiner for the USPTO compared to the benefits they could receive elsewhere.

      Also, please remember that for about the first decade after they decided to start granting software patents, they did not allow the hiring of software engineers (ie those with CS degrees) as examiners.

    14. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      Here's the problem, even ignoring issues like software patents, and the morass they cause.

      The USPTO has stated that they're overwhelmed, so they're just checking the paperwork, and if its all in order, they rubber stamp it and grant the patent, the courts can sort out what patents are valid, they say.

      Meanwhile, the Courts are continuing to defer to the expertise of the patent office, and are EXTREMELY "reluctant" to void patents.

      So we get any invention, no matter how obvious, no matter how old, being patentable. And as long as you're smart about who you sue as a patent troll, (pick targets who can't afford to defend themselves, and file in known friendly courts), you're golden.

      The system is totally borked.

      *citation needed

    15. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      I know of no "rubber stampers" at the patent office. In fact, many attorneys complain about the "reject, reject, reject" mentality.
      And the USPTO has been aggressively hiring in the past few years. They can't hire right now due to the federal hiring freeze.

    16. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      There is a peer-to-patent pilot already underway. Feel free to participate.

    17. Re:Patent system is broken! by Daniel+Dvorkin · · Score: 3, Insightful

      Perhaps we should go back to actually funding the USPTO mainly with tax revenue. I realize that there's a lot of people here that are opposed on principle, but sometimes taxpayers are the correct party to fund things.

      Communist! Socialist! Pedophile! Pothead! Music pirate! Think of the children! If we violate the principles of God and the Founding Fathers by doing such a thing, the terrorists have won!

      There. Hope that clears things up for you.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    18. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      They're part of the federal government. They're not *supposed* to turn a profit.

    19. Re:Patent system is broken! by Dachannien · · Score: 1

      That's a very good synopsis.

      Except for the part where it's not actually true.

      By the way, there's already a process for third parties to submit prior art into an application:

      http://www.uspto.gov/web/offices/pac/mpep/documents/1100_1134_01.htm

      However, this process is rather limited in scope and costs a fee. You could also send copies of pertinent prior art to the applicant and/or his attorney, both of whom have a duty to disclose to the USPTO any prior art references that are pertinent to patentability, but you have no guarantee that they will abide by their duty and actually submit the references.

    20. Re:Patent system is broken! by DrJimbo · · Score: 0

      Meanwhile, the Courts are continuing to defer to the expertise of the patent office, and are EXTREMELY "reluctant" to void patents.

      The problem isn't reluctance but rather the current legal standard for invalidating a patent. Once a patent is granted it requires "clear and convincing" evidence to invalidate it.

      The courts create the current legal standard. The US Supreme Court has dealt with several high profile patent cases in the past year. They have had ample opportunity to rectify this abominable situation if they were so inclined. In fact, this exact issue was before the court in i4i v. Microsoft. They chose to pass the buck to Congress, saying it was the responsibility of Congress to fix the mess that was created by the court system. IMO the Supreme Court is just as bad and corrupt as the other four** branches of government.

      **See Fourth Estate.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    21. Re:Patent system is broken! by Threni · · Score: 1

      Couldn't you just provide the evidence in some way where it's provable that it was provided (recorded mail or something), then if it wasn't disclosed you could point this out after the event?

    22. Re:Patent system is broken! by martyros · · Score: 1

      They have no incentive to hire more workers, because it means higher costs. Currently they have a good income by rubber stamping everything but the costs of these patents are conveyed to the consumers. Unless their mandate is changed, they won't reform.

      Yeah, some kind of feedback is always necessary. I'd always thought that if a patent was invalidated, that the Patent Office should have to pay a fine of twice (or perhaps more) what they gained from granting the patent in the first place. Then there'd actually be some incentive to only grant patents that are unlikely to be overturned.

      Or perhaps better yet, make it adversarial: If someone successfully invalidates a patent, the PO has to pay that person's court costs. Now there's actually a market for people to pro-actively look for bad patents to overturn.

      If bad patents were less costly to overturn (or if the cost were born by the PO rather than the person being sued by the patent holder), then bad patents would be less valuable; and people wouldn't be flooding the patent office with patents, and the volume would go down, so they could actually have some chance of looking at the patents they have. Everyone wins. Except the patent trolls, that is.

      --

      TCP: Why the Internet is full of SYN.

    23. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      ""Just the layout" is actually a reasonable design patent "?
      Everybody can do layout, the rules to make Layout work good are well known for ages. Not much intellect needed to do it compared to invent the lightbulb.
      The world will not benefit if a layout changes to the better or in some cases just to a tolerable level of workability.
      Very few ppl can invent great things that are really new, non obvious, have a big benefit and do invest a substantial effort which is then to be protected by IP laws.
      Lawyers continuously get legislation in for all kind of nonsense to create business and gradually make everyones life suck more and more.
      The pattern is always the same.
      Start with something having a real security or protection ground like IP (lightbulb) or child support and under this publicly well known and understood justification to have laws, they piggyback bullshit, questionable, sketchy laws with no moral grounds which can be turned into endless court proceedings for no other reason than paying lawyers and trolls.
      In the end nobody wants to expose himself into any of these lawyer created minefields any more, even though the fields are still needed by mankind.
      Above all lawyers make their position shaky as well, since they no longer operate on moral grounds like "justice - right, wrong, (non)guilt".
      So you can be sued for doing nothing wrong, and others are right to make you guilty.

    24. Re:Patent system is broken! by Builder · · Score: 2

      In fairness to the USPTO (and I'm hardly ever fair to them) they never would have granted anything so obvious.

      What they did grant a patent for was for _sideways_ swinging on a swing!

    25. Re:Patent system is broken! by Anonymous Coward · · Score: 0

      [..] just as bad and corrupt as the other four** branches of government.

      So, what's the fifth?

    26. Re:Patent system is broken! by Svartalf · · Score: 1

      Actually...they don't arbitrarily rubber-stamp it. If you're a big company, they do that- if you're a little player, they flip a coin and call it and then rubber-stamp or reject based on the results.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    27. Re:Patent system is broken! by Shotgun · · Score: 1

      Being a libertarian leaning conservative, I whole-heartedly agree with this sentiment. It makes no sense for the state to turn its police powers into guns-for-hire.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    28. Re:Patent system is broken! by Dachannien · · Score: 1

      That's the idea, although it doesn't really prevent the expense of a lawsuit against someone. You would provide whoever got sued with evidence that you had notified the applicant of prior art, and if it turns out they never disclosed the information to the USPTO during prosecution, then the court might find that the applicant had exhibited "inequitable conduct" during prosecution and thereby obtained the patent by fraud, which sometimes invalidates the patent.

      The legal question these days, though, is which prior art references does the applicant have to disclose to the USPTO. For example, if the reference doesn't render the issued claims anticipated or obvious, the patent might not get invalidated during litigation even if the applicant didn't disclose the reference to the USPTO. Or maybe it would get invalidated. Apparently, this depends on who's sitting on the Federal Circuit panel if the case gets appealed, phase of the moon, etc.

  8. Abstract is ridiculous by Anonymous Coward · · Score: 0

    "A system for transmission, reception and accumulation of the knowledge packets to plurality of channel nodes in the network operating distributedly in a peer to peer environment via installable one or more role active Human Operating System (HOS) applications in a digital devise of each of channel node, a network controller registering and providing desired HOS applications and multiple developers developing advance communication and knowledge management applications and each of subscribers exploiting the said network resources by leveraging and augmenting taxonomically and ontologically classified knowledge classes expressed via plurality search macros and UKID structures facilitating said expert human agents for knowledge invocation and support services and service providers providing information services in the preidentified taxonomical classes, wherein each of channel nodes communicating with the unknown via domain specific supernodes each facilitating social networking and relationships development leading to human grid which is searchable via Universal Desktop Search by black box search module."

    Application No. US 12/973387

  9. [PriorArt] ICQ back in the days by Anonymous Coward · · Score: 0

    http://en.wikipedia.org/wiki/ICQ

    ICQ was developed in 1996 by Mirabilis.

    The technology's success caused AOL to acquire Mirabilis on June 8, 1998...

    If this is not prior art, I don't know what it is...

  10. Worthless claims by Anonymous Coward · · Score: 0

    If you really want to know what this patent is all about, look at the claims to be issued. They are extremely narrow, and would only cover social networking sites if anything. Even more interesting, their claims are probably worthless in light of Muniauction. Proving joint infringement for these claims is likely impossible.

  11. I think I've seen this before by glebovitz · · Score: 4, Interesting

    This looks very similar to the Andrew Messaging System that became the CMU campus wide mail system circa 1985.

  12. Hacked already by TheUni · · Score: 1

    Well that didn't take long...

    Check out the bottom of their site. http://www.kootol.com/Default.html .

    1. Re:Hacked already by game+kid · · Score: 1

      Sorry, I don't see anything hacked or otherwise off (except for the crazy patent-trolling) about the page, top or bottom. The linked images also appear un-hacked.

      I really hope the ultra-cluttered "Figure 2" is not of the actual program(s) they want their customers to use, though. A screenshot that ugly doesn't need hacking.

      --
      You can hold down the "B" button for continuous firing.
    2. Re:Hacked already by Anonymous Coward · · Score: 0

      Strangely, it seems like it's only visible to those without javascript - like us (the enlightened :P ) and, importantly, search crawlers:


      <div id="linkf"><ul>
      <li><a href="http://[link removed]/">juicy couture</a></li>
      <li><a href="http://[link removed]/">chanel bag</a></li>
      <li><a href="http://[link removed]/">Christian Louboutin</a></li>

      <li><a href=http://[link removed]/">Replica Purses</a></li>
      <li><a href="http://[link removed]/">Ghd Hair Australia</a></li>
      <script type="text/javascript">document.getElementById("link" + "f").style.display="no" + "ne";</script>

      Search crawlers will ignore the line of javascript on the bottom, which makes it invisible to most web browsers. They aren't trying to deface the site - they're just going for SEO hacking.

      Since it isn't visible to most browsers, this malicious code might have been there for a very long time, and the webmaster might still be unaware that the site got owned.

    3. Re:Hacked already by the_enigma_1983 · · Score: 2

      Check the HTML. A div is created, 4 links to random sites inserted, and then said div is hidden via javascript. Presumably some SOE-aimed hack/spam/bot/thing.

  13. MOD Parent up by anti-NAT · · Score: 1

    +1

    --
    The Internet's nature is peer to peer - 20050301_cs_profs.pdf
  14. Prior art by Legion303 · · Score: 1

    "claims they invented one and two way messaging in 2005"

    I read TFA's description of the patent application, and it doesn't look any different from what this two-way pager (RIM R900M) I have was doing in 1995.

    1. Re:Prior art by BitZtream · · Score: 1

      Doesn't really work much differently than smoke signals and the telegraph either.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:Prior Art by Anonymous Coward · · Score: 0

      US Patent 1,647 just about covers it

  15. 7,991,764 issuing 08/02/2011 by sillivalley · · Score: 1

    This information is available on the USPTO's website under Public PAIR. You can look at the entire prosecution history of the patent -- and notice that they have submitted a sh*tload of prior art to the USPTO on this one.

    Whether you like it or not, it looks like they've spent a lot of money setting this one up.

    Start plowing through that prosecution history and start looking for prior art -- early prior art that isn't already on the list.

    1. Re:7,991,764 issuing 08/02/2011 by MacGyver2210 · · Score: 1

      So wait a tick, there is already a ton of prior art ON FILE and yet the patent is still deemed valid? Wouldn't, say, several dozen prior inventions that do what you're trying to patent being on file in the application generally preclude granting of that patent?

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    2. Re:7,991,764 issuing 08/02/2011 by JAlexoi · · Score: 1

      It's not technically granted yet, but it's in the last stages. They also filed an application with EPO and that will be challenged, since Florian Mueller raised that as an issue.

    3. Re:7,991,764 issuing 08/02/2011 by Anonymous Coward · · Score: 0

      Ah but they cheated... Half the prior art they submitted was AFTER the notice of allowance was filed and issue fee was paid. That means the examiner didn't look at it (or even rubber stamp that he looked at it when he didn't). They would technically need to now send in a petition to withdraw from issue and pay a reexamination fee.

    4. Re:7,991,764 issuing 08/02/2011 by Anonymous Coward · · Score: 0

      It would if the Examiners were competent and PTO management gave them the time to properly evaluate an application.

      Prior art submitted to the PTO can still be used to invalidate a patent. Depending on the number of references submitted, arguments can be made that the applicants attempted to bury important references.

      These guys are a joke, the application is crap...but that might not matter if companies start settling with them.

    5. Re:7,991,764 issuing 08/02/2011 by Anonymous Coward · · Score: 0

      Technically yes and no. If your invention claims to be a non-obvious improvement of the prior art, then you can still get a patent for the improvement. This is one small thing most Slashnutters neglect to think about. I'm not going to scrutinize their application to find out what this improvement is (assuming it exists), but perhaps someone with lots of time on their hands would care to?

    6. Re:7,991,764 issuing 08/02/2011 by eclectro · · Score: 1

      This is one small thing most Slashnutters neglect to think about.

      No. They're a patent troll. They are sending patent notices to twitter and applications that interface with twitter, but yet they file their patent in late 2010 when all this was already underway??

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    7. Re:7,991,764 issuing 08/02/2011 by freudigst · · Score: 1

      Patent judges are even easier to bribe in the U.S. than they are in India!

  16. So if nobody pays in the next few months... by hedwards · · Score: 1

    Does that mean that they won't be able to afford to pay the fees to get the patent granted?

    1. Re:So if nobody pays in the next few months... by orkysoft · · Score: 1

      Maybe it means that if nobody pays them for a license, they won't pay the USPTO, and won't get the patent. It's like the domain-tasting spammers used to do, except with patents.

      That's quite innovative... maybe they should get a patent.

      --

      I suffer from attention surplus disorder.
  17. Kootol's logo looks like Google's.. by yossie · · Score: 1

    Maybe it's just me, but I think Kootol's logo looks very similar to Gooogl's logo!
    http://www.kootol.com/Images/Kootol_Logo.png
    http://www.google.com/images/logos/ssl_ps_logo.png

    1. Re:Kootol's logo looks like Google's.. by dhall · · Score: 1

      Well at least they didn't include a beta tag. They couldn't make it look too obvious.

    2. Re:Kootol's logo looks like Google's.. by Anonymous Coward · · Score: 0

      I love how their branding is "Software Limited". They do seek to limit the software other people can use through the use of IP law.

    3. Re:Kootol's logo looks like Google's.. by Compaqt · · Score: 1

      Also, is "Kootol" supposed to be TooKool reversed and mangled? Lame.

      --
      I'm not a lawyer, but I play one on the Internet. Blog
  18. G-G-Gooogle It! by Eyeballs · · Score: 1

    Searching for "two way messaging" and limiting the date rate to _before_ 2005 reveals old web pages mentioning the subject.

    For example, here's a web page from 2002:
    http://www.wireless-location.com/fcc/tech.htm

    Which says:
    Along with the FCC's deregulation of telecommunications services, all three of these service providers now offer their customers Email, Internet, and Paging along with their traditional fleet dispatching services. Both Bellsouth and ARDIS (through third party manufacturers) offer small handheld messaging devices that have full function keyboards for two way messaging. Late in 1997 Bellsouth acquired 100% ownership of RAM and in March of 1998 changed the name to Bellsouth Mobile Data. ARDIS, which until recently was owned by Motorola, has been acquired by AMSC to complement its nationwide satellite data communications network by offering its customers lower cost service where ARDIS coverage is available.

    Or this press release from 1994:
    http://www.telecompaper.com/news/ete-device-offers-2way-pda-messaging

    1. Re:G-G-Gooogle It! by Anonymous Coward · · Score: 0

      Ummm, we did 2-way messaging in the 50's; they were called telegrams and cables, the devices were teletypes, and the digital encoding was baudot. Sheeeesh!

    2. Re:G-G-Gooogle It! by Anonymous+Psychopath · · Score: 1

      I was installing a PC-based peer-to-peer instant messaging system called Right Hand Man starting back in 1989.

      --

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

  19. Sum it up for me gents. by Palmsie · · Score: 1

    I'm not in the patenting arena (rather a researcher by day), I read a ton about how the patent system is totally broken but since I don't interact with it at all would one of you fine scholars be noble enough to provide myself (and perhaps a few others) with some resources that illustrate how broken things are so I can better understand the situation? I would greatly appreciate this. Thanks!

    --
    Carl Sagan quotes get you an automatic +5 on all posts.
    1. Re:Sum it up for me gents. by dakameleon · · Score: 1

      Patent trolling in 10 easy steps:

      1) people fooling around with code make new, cool things that are useful
      2) someone notices and suggests to these people that these useful things would be useful to other people, and they could probably sell it for something
      3) the inventor sells it and starts to make some money, thinking how wonderful it is that this useful thing could be useful to someone else while making some money for him/her.
      4) someone with a bit of legalese and a knowledge of the patent system notices something new and useful being sold
      5) they take the concept and boil it down to an abstract of the process, without any need to specify implementation detail. They dress it up in abstract diagrams and file it with the patent office
      6) ???
      7) Patent office approves without checking any of the criteria originally required of them to check ("innovative", "original", "not a mathematical process/formula")
      8) patent filer (henceforth known as the "patent troll") sues inventor, and anyone who made anything similar enough as a competing product
      9) Profit!
      10) There is no step 10.

      Alternatively, Patent Troll sells Patent portfolio to Big Company who goes from step 8 onwards.

      --
      Man who leaps off cliff jumps to conclusion.
    2. Re:Sum it up for me gents. by greenbird · · Score: 1

      Cell phone patent thicket. You're in research. Think of where we'd be if all the money being wasted on lawyers was instead being invested in research on better cell phone technology. And it's gonna get worse once the Apple/Microsoft/RIM consortium get all the patents they bought from the Nortel dissolution sorted. All three are renowned for spending money on lawyers rather than on innovating.

      --
      Who is John Galt?
    3. Re:Sum it up for me gents. by camperdave · · Score: 1

      Someone successfully patented swinging sideways.

      --
      When our name is on the back of your car, we're behind you all the way!
    4. Re:Sum it up for me gents. by Pikoro · · Score: 1

      And here is a patent for a time machine: http://www.freepatentsonline.com/y2006/0073976.html

      --
      "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
  20. I looked at their careers page... by TheSpatulaOfLove · · Score: 1

    And I couldn't find any positions listed for 'shitbag' or 'troll'. I figured if they plan on taking on the big fish, they would need legions of shitbags to help take the Internet by storm. I guess they have all the shitbags they need... damn.

    1. Re:I looked at their careers page... by Anonymous Coward · · Score: 0

      Those jobs are already filled. That's why we're in this mess now.

  21. Penalty for Patent Trolling? by wanzeo · · Score: 1

    It seems that a lot of these frivolous claims could be avoided if there was a stiff penalty for taking a patent issue to court and losing.

    1. Re:Penalty for Patent Trolling? by Anonymous Coward · · Score: 0

      Mmm. This is getting downright ridiculous. I think public display in the stocks, then drawn and quartered before being skinned alive and burned.

    2. Re:Penalty for Patent Trolling? by rust627 · · Score: 1

      And if the hefty fine administered was then paid to the USPTO (United States Patent Trolling Office ?) then it could help solve the 'underfunded' excuse that they are giving out at the moment, and give them the resources to do their job properly

      --
      da da da dum indeed.
    3. Re:Penalty for Patent Trolling? by sconeu · · Score: 1

      No, then they'll have an incentive to issue more bogus patents!

      "Go ahead and approve that, Joe. Once it's invalidated, the office will get a crapload!".

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  22. Re:I am waiting to see someone patent the textbook by causality · · Score: 1

    from CS 101 to advanced courses.

    Patents won't cover the text; that's what copyright does.

    But, there's one thing I wouldn't put past them. When e-books for college textbooks start to take off, I wouldn't be the least bit surprised if they come in a proprietary file format. The format itself and/or the method of rendering human-readable text from it certainly could be patented.

    Then it would be even easier for them to a) kill off the used book market and b) change a couple of chapters around and create a "New Edition" that will be required next year.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  23. Still time to challenge- not issued yet by afmstuff · · Score: 1

    Common advice from IP counsel is to never mention allowed, but not issued patents. The typical logic is that time still exists to challenge the issuance before publication. This is common advice we receive routinely, so I am surprised the featured company would draw so much attention to themselves before having stable footing. Perhaps the featured company is not receiving solid counsel? As such, I believe it may be worthwhile to seek out the clerk responsible for this patent for discussion before issuance, if anybody has time to pursue it.

    1. Re:Still time to challenge- not issued yet by The+Conductor · · Score: 1

      Apparently, they need publicity to fleece some investors, to get the money they need to hire lawyers, to then execute their business plan of robbing everyone else. Multiple layers of corruption! Who here thinks the investors will get any return after the management insiders extract their bonuses?

  24. My eyes! by Haedrian · · Score: 4, Funny

    They will not stand in my way when I patent:

    System of using punctuation marks in order to make blocks of text more readable.

    1. Re:My eyes! by msauve · · Score: 1

      "Method and device for obfuscation of intellectual property descriptive text."

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:My eyes! by JAlexoi · · Score: 1

      You have to apply the method recursively - "Method and apparatus for declearaficiation of mentally produced property descriptive collection of characters."

    3. Re:My eyes! by Anonymous Coward · · Score: 0

      They will not stand in my way when I patent:

      System of using punctuation marks in order to make blocks of text more readable.

      Well, judging by Slashdot and social networks, there is no prior art to trouble you...

    4. Re:My eyes! by Anonymous Coward · · Score: 0

      Doesnt matter no one uses puctuation anymore anyway

  25. Further proof by Darkenole · · Score: 2

    That the USPTO is staffed with lazy incompetent morons.

    1. Re:Further proof by Dachannien · · Score: 1

      If you can do better, formulate a rejection of any of the claims in that application. In other words, provide the "proof" of which you speak.

  26. Aw c'mon... by Aphrika · · Score: 1

    Even WOPR was calling David Lightman back in 1983 for a quick game of thermonuclear war...

  27. Re:I am waiting to see someone patent the textbook by muridae · · Score: 1

    Hmm, I like this idea. How about a patent for "Storing a complex clusters of knowledge packets such that the Operating System needs only to store the location of a single head/root packet, and each packet needs only to knowledge of one or more other packets."

    There, trees lists and graphs all in a few stupid lines of legal nonsense. Maybe get specific, and patent that damned k-D tree so no one else gets tortured trying to understand how to delete crap from one.

  28. IRC. by _0rm_ · · Score: 1

    O hai thar!

    --
    Boredom is bliss.
    1. Re:IRC. by Anonymous Coward · · Score: 0

      I didn't know Tommy Wiseau posted on /.!

      "You're tearing us apart, Lisa!!!"

  29. It's a first office action allowance by Unixnoteunuchs · · Score: 1

    In the case of computer software related technology, a patent application that receives an allowance in the first office action is not worth the paper on which it is printed. Even if this issues, it will probably be invalidated by the patent office itself even before litigation. IAAPL.

  30. Challenges to the Patent are only $1500 or so by BoRegardless · · Score: 1

    Anyone can pay the fee and submit evidence that says that there were the following items of relevant prior art with documentation and the USPTO will review and issue their judgment.

    To that extent, if someone patents something that had been done at a college in the 80s, it would be worthwhile submitting the documentation to show it was not a newly "invented" system.

    Right now the patent application which is published does NOT reflect the allowed claims, which is typically narrower than what was originally submitted.

    It will take some time to sort this out.

  31. Is someone going to step up? by dakameleon · · Score: 1

    It seems to me that everyone comes on here and bitches every couple of weeks when another patent trolling case lights up the collective ire of Geeks United, complaining that the USPTO is incompetent, couldn't tell Prior Art if it was stuck in their prosteriors, and generally how much these things suck.

    Has anyone done anything about it? Has anyone called to apply for a job at the USPTO, as unglamorous as that is? Do you not want to work for "the man"? Do we have anyone here who works for the patent office?

    Seems to me you could get very far very quickly as a patent reviewer if you could go in and show that these things are dumb, have been done before and are solely for the purposes of legal action by those who have no claim to be exploiting the patent. I am of course assuming that there's someone with a bit of principle still left at the patent office, if only they could get help in reviewing - or is the patent office just out to make a buck these days?

    (I recognise the irony in saying this rather than doing it myself, but as I'm not a US citizen nor do I reside in the US, it'd be difficult at best for me to follow through.)

    --
    Man who leaps off cliff jumps to conclusion.
    1. Re:Is someone going to step up? by BitZtream · · Score: 1

      (I recognise the irony in saying this rather than doing it myself, but as I'm not a US citizen nor do I reside in the US, it'd be difficult at best for me to follow through.)

      Interestingly enough, neither are most of the patent reviewers. The only way you'd be unqualified is if you said you weren't going to give priority to companies applying for patents that are based in your homeland.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:Is someone going to step up? by VortexCortex · · Score: 1

      Has anyone done anything about it?

      Yeah, we fucking created a search engine and a FSM-damned global online network of computers to serve the information in them such that they could simply TYPE a few words from the patent into the box and hit [ search ].

      They won't use it, even to just get a lead on someone the can contact for hard evidence -- proof of prior art. The only thing they recognize is the shite that's in their own previously patented databases.

      If it's not already patented (or sometimes if it already is) then it can be patented (again). Apparently every good idea must be patented or else someone can come along and force you to pay legal fees to defend your unpatented "invention" -- I mean, why wouldn't you patent it? Hell, I've even suggested a "proof of prior art registry" be created such that ideas we don't want patents on, along with proof or who to contact for proof can be submitted at zero or very low cost.

      Additionally, they don't even care if they grant invalid patents. It's the burden of the submitter to do all the leg work to make sure it's a valid set of claims. The PTO leaves it up to the court to determine if the patent is invalid (or, actually, in need of request for review for invalidation of by the PTO). If you get an invalid patent granted, it's on you to defend it -- the PTO doesn't protect us from invalid patents and the courts are wary to rule in favor of seeking invalidation.

      What part of "The Whole System Is Fucked" don't you understand?

    3. Re:Is someone going to step up? by belgianguy · · Score: 1

      It's a topic that's far too advanced for the regular Joe, even geeks have a hard time grasping the whole concept because the whole thing is a misguided attempt at making greater profits from software (by greed, not by invention). Instead of encouraging invention, it's encouraging to keep technology hostage for ransom. Want to use something? Pony up or expect lawsuits until infinity. I'm not against patents, they're fine for those few great (and sometimes simple) ideas that need that protection, but not all this frivolous, trivial and downright rotten junk posted by trolls trying to play the system. Sadly the system is so out of date, so short on time, lacking insight and resources that it cannot pass a senseful judgement. And they could have changed it if they wanted to, but I'm afraid much bigger powers are at play here and that the inherent dumbness of the system plays right into the hands of those who make money off of it. This isn't a topic Fox News et al. would touch with a 10ft pole, it'll be hard to get it to go mainstream. I don't think anybody can understand why a system so broken and exploitable still stands and what disastrous consequences await if things aren't changed soon. It does nothing but enrich lawyers and patent trolls. It kills indie development and it scares developers away from trying to be creative, inventive and original. Some dirtbag will take a trivial wording of an old patent and claim that you're violating it, and there you are. Either you pay licensing fees and go under, or you get sued your pants off and go under. No protection whatsoever, you're out in the open, with an army of lawyers ahead of you. Sadly, small developers don't stick together or at least don't get their voices heard as one. Most everyone sees is bitching and moaning on Slashdot but they'll subsequently bend over and have some more. And they can't do jack about that, there's a big lobby for the 'protection' of IP. Patents means making bucketloads of money in licensing, so nobody who owns software patents is going to give them up. Those on the receiving end will just lobby more. It won't stop as long as the fatcats are making money from it, it'll stop when it's far too late, when IT development is completely in the hands of a handful of corporations and technological advances have come to a near-standstill. Nobody will want to share any information because they're too afraid of being sued out of existence. And that's the exact inverse of why patents exist in the first place. The USPTO is being run by a bunch of incompetent morons, and the IP industry loves that, what's not to love about an idea that can be milked twice, or why go into detail when an overly broad patent can still apply on something completely new 10 years from now? The only hope you have is that Kootol gets their patent, and that some more will follow, so that it'll starts to hurt some big US based companies where it hurts most: in their wallet. They'll sing quite a different tune when they're the ones getting leeched. Best case: the system gets reformed, worst case: they amend it so that outsiders have to jump some extra hoops, making it even more blatant protectionism. I'm no American, but even in Europe they've tried to insert this into the system. They have not yet succeeded, but I don't think they'll stop trying.

  32. Check Public Pair by Anonymous Coward · · Score: 0

    Anytime you want the real story of a patent check public pair. http://portal.uspto.gov/external/portal/pair

    It has the whole case-file with rejections and arguments by the attorneys.

    Claims 481-525 and 662-668 allowed. There were originally 457 claims filed. Remember an examiner has 11 hours to search and the reject (if necessary) each and every claim.

    Also they have filed 22 followup applications based upon this original application!!!!

    Also interesting they filed a Information disclosure statement after paying the issue fee. Therefore any reference therein haven't been considered.

  33. MORSE CODE tickers, RADIO TELETYPE by Anonymous Coward · · Score: 0

    Morse CODE tickers (produces the dots and dashes on paper) and RADIO TELETYPE (baudot code).
    Both are two way messaging systems... and are older than the hills.
    Geesh I even used a papertape teletype KSR-34 to send and receive messages from/to a girlfriend I had in 1971. Dont know which is stranger, a young geek having a girlfriend or using teletype to program on.

    1. Re:MORSE CODE tickers, RADIO TELETYPE by erroneus · · Score: 1

      Yes, but this is "over the internet" which makes it entirely new again.

      I just filed a patent on "the wheel on the internet" and I expect to start litigating pretty soon.

  34. Prior Art by bmo · · Score: 1

    Talk
    Ytalk
    VMS Phone
    VMS "CB Simulator"
    IRC
    Telnet chats
    MUDs, MOOs and such.
    ICQ - and every variation of this from here on like yahoo chat and AIM.

    Those are just the ones I've had hands-on experience with

    I am sure there must have been some sort of instant messaging under Multics back in the '60s.

    --
    BMO

  35. ICQ? anyone? by Anonymous Coward · · Score: 0

    I seem to recall ICQ being available for quite some time before 2005.

  36. Re:I am waiting to see someone patent the textbook by Anonymous Coward · · Score: 0

    I'd rather patent the writing system :)

  37. CompuServe circa 1986 by rongage · · Score: 1

    I have distinct memories of using the "CB Simulator" chat system on CompuServe back in 1986. This certainly qualifies as a 2-way messaging system.

    The Unix "talk" command has to figure in there somewhere too.

    SMS messages have been around before 2005 (I am guessing), so that would certainly qualify as one-way messaging. Then again, so would telegrams and email.

    --
    Ron Gage - Westland, MI
    1. Re:CompuServe circa 1986 by Haedrian · · Score: 1

      As well as snail mail, semaphore, morse code, drum signals, smoke signals and talking to yourself.

  38. Prior Art. by bmo · · Score: 1

    JOB DESCRIPTION:
    We are looking for candidates with experience managing/leading a development team in social networking, search engine, communication, e-commerce, API for integrating with 3rd parties, mobile & desktop smart client applications related environment. The Project Manager will be asked to take over their . NET development team. They will be responsible for managing the developers and development process.
    EXPERIENCE:-
    Candidates should have at least 7-10 years of experience.

    Did they just admit that social networking already predates their patent?

    --
    BMO

  39. USPTO by Anonymous Coward · · Score: 0

    The only reason USPTO grant dubious patents is MONEY.
    This system will provide money for :
        1) USPTO so-called "civil servants"
        2) Lawyers
        3) DoJ : each trial will require money : judges, trials, etc.
    In the end consumers/taxpayers will pay ... as usual and small companies will be put out of competition.

  40. UNIX "talk" by Anonymous Coward · · Score: 0

    UNIX "talk" way outdates about everyting in two way live communication. It even was on PDPs in the 1970s. ( http://en.wikipedia.org/wiki/Talk_%28software%29 )

  41. IP multicast - prior art? by karl.auerbach · · Score: 2

    IP multicast has been in active use on the internet since the 1980's.

    IP multicast lets receivers join groups, defined by a special class of IP addresses. Senders emit packets addressed to those addresses and the IP mulitcast routing systems (of which there are several) build distribution trees to get those packets to those receivers.

    So to the extent that this patent claims include subscription based addressing and transmission of data packets, IP multicast has been a running example of this for at least a quarter of a century.

  42. The system provides MASSAGING? by zoobsolar · · Score: 1

    Their patents mention MESSAGING but their US patent drawing http://www.kootol.com/Images/US_Pat_11995343_Figure_52.jpg refers to MASSAGING. Maybe this bloated looking email client they have allegedly invented also does a nice back rub.. ??? Jai Jai Sri Ganesha! The God of luck has answered our prayers! I recommend everyone use Kootol's patented one-way communication system (email) to send your thoughts on this absurdity to License@kootol.com. Beware; By emailing them, you are infringing on their copyright. Let the spam begin! Shubh Kaamnaayein, Kootol. You are really going to need it.

  43. No notice of allowance, but here are the claims. by jbeaupre · · Score: 1

    IANAL, but I don't see any information in the USPTO transaction history or file wrapper of 12/973,387 to indicate any notice of claims allowance. This appears to still be just an application.

    But for those of you who want to rip into it, here's the part that matters. Have fun!

    1. A method for publishing and subscribing in a social network, the method comprising: allowing user to manage Human Operating System (HOS) including one or more profiles, activities, applications, services, actions, transactions, groups, searching, sharing, communication, collaboration, contents and connections; receiving and storing each registered user's one or more profile(s), user data, preferences and relational connections or dynamic relationships; dynamically publishing one or more selectable users contents via one or more publications; allow user to dynamically subscribing one or more selected contents from selected publications received from one or more connected or related users in the social network; presenting or updating the subscribed contents to subscribing user based on one or more criteria and preferences to user interface.

    2. The method of claim 1, wherein the one or more selectable subscription of publications comprises subscription of publications from one or more social or personal networks or groups of users of the social network.

    3. The method of claim 2, wherein at least one of the groups of users is created based on match making of the users preferences and profiles.

    4. The method of claim 1, wherein the one or more selectable publications includes a user-defined list of publishers or publications of other users including known and anonymous users of the social network.

    5. The method of claim 1, wherein the one or more selectable subscriptions of publications include one or more content filters and preferences that identify a type of content from the received content items.

    6. The method of claim 5, wherein one of the content filters identifies one or more multimedia content types including text, videos, images, URL, files and databases.

    7. The method of claim 5, wherein one of the content filters identifies content from one or more applications, utilities, services, workspaces, auto recorded or generated journal contents and sources within the social network.

    8. The method of claim 1, wherein publication synchronizing types includes snapshot, merge and transactional synchronization.

    9. The method of claim 1, wherein subscriptions types included pull and push subscriptions from related or connected and matched or anonymous users of the social network.

    10. The method of claim 1, wherein presenting or updating in the user interface one or more content items received from users comprises presenting a received contents of one or more subscribed publications.

    11. The method of claim 10, wherein the content from publication(s) comprises a content of publication(s) that includes a real time filtered published content items provided by connected users of user.

    12. The method of claim 10, wherein the content from publication(s) comprises a dynamic or auto generated content publication(s) that includes a filtered content items selected by the social network as a function of a dynamic relationship between the user and the content items.

    13. The method of claim 12, wherein the content items in the dynamic or auto generated publication or feed include journal entries about actions taken by other users.

    14. The method of claim 10, wherein the publication(s) further includes advertisements.

    15. The method of claim 1, further comprising: providing Human Operating System (HOS) including one or more applications, services, modules, utilities to user for managing one or more activities, profiles, surveys, search macros, contents, connections, actions, events, transactions, groups, searching, generating, uploading and sharing contents and communication and collaboration to the connected or related users of the social network.

    16. The met

    --
    The world is made by those who show up for the job.
  44. Doh! by jbeaupre · · Score: 1

    In searching through PAIR, I followed the divisional, not the patent at question. Please ignore my comment or feel free to mod down.

    Thanks and sorry.

    --
    The world is made by those who show up for the job.
  45. Here's the law firm... by Anonymous Coward · · Score: 0

    The firm listed on the correspondence for the application is JENKINS, WILSON, TAYLOR & HUNT, P. A. Hell, one of the attorneys, Greg Hunt, has an M.S. in computer networking. Surely Mr. Hunt wouldn't file and prosecute an application he knows is invalid. Right? Right?

    What a bunch of tools.

  46. So what is the invention? by Anonymous Coward · · Score: 0

    I tried reading the patent (since the abstract tells me nothing). I only got as far as maybe halfway through the "Background" section, but it seems to be talking about a system for searching and distributing knowledge (the difference between knowing a subject and parroting what Wikipedia says about it) via talking to other people. Maybe a way to quickly find people who would have a clue about the specific problem you have, so you'd find an answer and learn something rather than looking up 5 Q&As from random websites.

    That sounds pretty useful actually. I don't know what part of it is actually being patented (maybe the software approach to make this vague system a reality), and I don't know how one would go about recognizing when something infringes on the patent. Maybe instant messages today are seen as part of the solution and thus are "infringing", but if so they are very late on that, and I don't think we've been regularly using IMs for the same purpose they propose. They state right out in the patent that they recognize certain existing forms of communication like chatting. So, again, I have no clue what they think is infringing on their patent, because I don't know of anything today that is being used in that way.

    This is not to say I support this patent. It's a nightmare to read and I don't believe general approaches in solving a problem should be patentable.

  47. Where's the method? by Compaqt · · Score: 1

    All these patents start off with "a method and system for blah".

    But where's the method?

    All this is, is a bland description of how such a system might work. It's not a system or method itself.

    This is so pathetic the lawyer$ didn't even bother to create complete sentences:

    [0048] Till date presently available web technologies and other communication media are more or less passive in nature. The concept of blogging providing an effective active medium for knowledge sharing. Still is restrictive and lacks organizer and other management mechanisms to derive most relevant as well as real time knowledge through active dialog.

    Is that a sentence?

    If this is the state of tech patents today, it's truly pathetic. This is nothing more than a UserLand-esque rant in legalese on current and future possibilities in e-mail.

    Also see here.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:Where's the method? by VortexCortex · · Score: 1

      Additionally, Where's the system? (or apparatus?)

      So, I'll just leave my method (list of instructions / source code / binaries) available to purchase online. You can use your "system" to download them. Thus the only people in violation of the patent are the end users who actually combine the two when they run the software. Good luck suing them all...

  48. Sick and Tired by Anonymous Coward · · Score: 0

    Is there anything we (as somewhat of a community) can do about this other than bitch? I'm so sick of coming here every day, only to read about bullshit like this, and read posts about about everyone basically agreeing that this is some fucked up shit, and then forgetting about it when tomorrow when more stories about other fucked up shit get posted. When was the last time we have had a victory for the nerds? I want to do more than just bitch on /., but it seems my only alternative is to bitch somewhere else with equal irrelevance.

  49. Who are those guys? by no-body · · Score: 1

    To they have a blog or any web presence?

    They should be publicly shamed - put on a pedestal on time square with a sign around their neck saying "I am a stupid greedy jerk" and a webcam pointing to them!

  50. Any chat would count as prior art by Anonymous Coward · · Score: 0

    It doesn't have to be one to one does it? Any BBS chatting would qualify as prior art. Just because you reduce the number of participants to 2 should not make any difference and be obvious.

  51. G-ZERO by transami · · Score: 1

    He he. I applied for a job once at the USPTO. Way back when I first heard they had a backlog problem. I have 20+ years of experience in the software development field. But b/c I have no formal education their online application system qualified me as a G0 (yea, a G ZERO!). And hence no job for me... and no help for those dumb shits. Pathetic.

    --
    :T:R:A:N:S:
    1. Re:G-ZERO by Haedrian · · Score: 1

      I would think a G0 to be the sort of qualifications required for that job. I don't think you need basic literary skills, its not like anyone reads them.

      Do you have any experience using a rubber stamp?

  52. Sounds like a catch-22 by Anonymous Coward · · Score: 0

    They are claiming they have a patent, which they DON'T! They have the possibility of a patent if they pay the fees. It looks to me like they are trying to scam some company who would rather just pay for a license than litigate. And this will give them money they need to actually acquire the patent.

  53. They're claiming search by jader3rd · · Score: 1

    From what I read of their patent they're claiming search. The reading goes something along the lines of "any data gathered from a device connected to a network". Pretty much every line in the patent has prior art.

  54. VC++ 4.0 and visual basic by Anonymous Coward · · Score: 0

    both out before 2005 and both had bare bones TCP/IP two way communications you could create.
    ALSO i made such in round 2000.

    AND just what is that thing called ICQ and Mirc anyways

  55. Prior Art by papafox_too · · Score: 2

    Let's see:

    1. TCAM offered transient message queues in 1971. It was used by IMS for asynchronous messaging.
    2. MQ was announced in 1992. It offers a wide range of messaging options - program to program, publish/subscribe both with synchronous and asynchronous options. Pretty much every large financial institution (banks, insurance, stock brokers) systems are built around MQ. Every stock exchange in the world uses MQ in it's trading platform.
    3. SMS was first announced in 1982.
  56. You are essentially saying that legal system by Anonymous Coward · · Score: 0

    Legal system not only patent system is broken. Patent system is only a minor symptom. By extension all modern representative democracy system of governance is broken. No wonder China is making such headway toward world leadership.

  57. Their logo look close to Googles logo by future+assassin · · Score: 1
    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  58. What's really going on here. by Animats · · Score: 1

    The patent will issue on August 2, 2011, as #7,99,1764. See the last entry in the image file wrapper in Public PAIR. The original application was divided by the PTO into a large number of divisional applications (which the PTO does when a patent covers disparate items) and all of those are being pursued. So there's more to come.

    I think I see how this got through the USPTO. If you read the application, it sounds like a novel but nutty scheme along the line of one of those "answers" sites where people answer questions submitted by others, but distributed and with some kind of AI system to try to put together what the various people are doing. Here's the abstract:

    "A system for transmission, reception and accumulation of the knowledge packets to plurality of channel nodes in the network operating distributedly in a peer to peer environment via installable one or more role active Human Operating System (HOS) applications in a digital devise of each of channel node, a network controller registering and providing desired HOS applications and multiple developers developing advance communication and knowledge management applications and each of subscribers exploiting the said network resources by leveraging and augmenting taxonomically and ontologically classified knowledge classes expressed via plurality search macros and UKID structures facilitating said expert human agents for knowledge invocation and support services and service providers providing information services in the preidentified taxonomical classes, wherein each of channel nodes communicating with the unknown via domain specific supernodes each facilitating social networking and relationships development leading to human grid which is searchable via Universal Desktop Search by black box search module. "

    The specification is a long stretch of turgid prose translated from some foreign language. There's pages of stuff like "On the other hand knowledge is by and large is pretty dynamic entity wherein one cannot present knowledge with the rigid boundaries. Human communication in general exploits this very virtue of our brain to express things in the plurality of contextual engagements. " It reads like an old USENET posting from some nut who thinks he has figured out AI.

    The problem is that the claims don't just cover such a system. They also may cover something like Facebook, which actually is a distributed system which, among other things, puts together answers to questions through a combination of human input and AI. Nothing in the application leads the examiner to consider that possibility.

    The priority date is only 2005, so there's probably prior art. But it will take litigation.

  59. God vented the 1st quad digital computer in Base10 by Anonymous Coward · · Score: 0

    It wasn't until 1996 that digital computer was synthesized by Digital Equipment Corporation to be the first to occilate at 1GHz known as the EV6 or 21264.

    Enjoy,
    A.T.

  60. Move Out of the U.S. by Anonymous Coward · · Score: 0

    After all the billions invested by large corporations in the current broken patent system, those corporations *cannot* allow patent reform to proceed, naturally, and will use all their great lobbying powers to block it. Therefore, I see no patent reform coming in my lifetime, just more and more trolls. And troll they shall, making it so that smaller companies and individuals *cannot* innovate or invent things any longer, without being forced to pay ransom on everything they do, like thugs setting up random tool booths on every street corner! Therefore... all innovators, all programmers, all inventors... must leave my country (U.S.) to keep doing what they do, and stay in business. Sorry Old Glory, it's going to be getting more and more dead here, and the rest of the world will pass us up very far technologically. Eventually, in a generation or two, they'll fix it to try to lure some back.

  61. Seriously? by andreev · · Score: 1

    The whole damn internet is built on a one-to-one/two/many way messaging (since we're speaking abstract) protocol. I wonder if there's actually any new messaging protocol invented since 2005 that's worth mentioning.

  62. a patent application in Europe? good luck... by rbrausse · · Score: 1

    they even filed it at the European Patent Office. it is not perfect and we saw some exceptions but in general the rule no software patents is working and enforced.

    why did they try this? it's madness...

    1. Re:a patent application in Europe? good luck... by gl4ss · · Score: 1

      perhaps they used the patents to get some money from some indian ex-sultan to pay wages for them and now they have to follow through. their logo is a joke, their invention is a joke, their writing on the patent is a joke. everything about it is a joke.

      --
      world was created 5 seconds before this post as it is.
  63. Direct the Outrage by bill_mcgonigle · · Score: 1

    The system is totally borked.

    And yet people get all up in their britches about the patent trolls. It's as useful to get mad at coupon shoppers at the grocery store because they drive up prices for the rest of us. The system is the system, and as long as it's the system, there will be no end in sight for the march of the patent trolls.

    Folks need to direct some of that outrage towards the cause of the problem - the US government - not feigning disgust at the symptoms (the trolls).

    What would it take for Slashdotters to fire off a letter to Congress for every post made here on a patent story? No, seriously, is it time, knowledge, cost, convenience?

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  64. ICQ has been superseded by Jabber by Kirth · · Score: 1

    Because in contrast to ICQ, you can run your own Jabber-Servers.

    --
    "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    1. Re:ICQ has been superseded by Jabber by L4t3r4lu5 · · Score: 1

      Mirabilis released ICQ Groupwise way before AOL bought them out. Fully administered LAN-based ICQ server-client, separate from the central servers controlled by Mirabilis. I set it up as a collaboration solution over inter-office email almost a decade ago, way before Jabber.

      My lawn is still fairly young, but you should get off it none the less.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  65. Not knowing the USA by Anonymous Coward · · Score: 0

    It's the US you're talking about.Anywhere else there would have been an armed uprising.
    But no .. not in the USA , having ridiculous patents approved is the norm.
    If they dont understand the language ( in this case gibberrish by a non english raised person ) they will grant it
    thinking it's because the invention is so advanced they dont understand the language.Bull but eh .. :D

  66. My hope... by Anonymous Coward · · Score: 0

    Is, in this particular case, Apple, MS, AOL, etc, etc, etc, all team together, crush these morons, hit them with a countersuit for the costs involved in "defending" against this, and then pushing for reform to the government. Threaten to pull all licensing agreements with the government if they refuse to do something. There's no way the government could deal with no Windows licenses in any reasonable amount of time (20 years or less).

  67. It describes using a VAX. by sgt+scrub · · Score: 2

    Clauses 1-457 were canceled.
    in 458 they describe a main frame (prior art by many, many years) so 458 should have been canceled, in addition to all of the clauses based on 458.
    providing a central controller for controlling a plurality of processes involved in said information searching and sharing;

    463 is based on 462 which is based on 458 so it should be canceled. 479 repeats the claim to prior art noted above. This leaves 478 as the only clauses not voided by the above prior art. Unfortunately for the patent troll 478 vaguely describes clustered computing as a means to duplicate the process of a main frame, which there are several instances of prior art as well.

    --
    Having to work for a living is the root of all evil.
  68. Simple by microbox · · Score: 1

    Because the businesses write the laws. From this point of view, the GOP is all about big government.

    --

    Like all pain, suffering is a signal that something isn't right
    1. Re:Simple by BoberFett · · Score: 1

      I'll say it again: if government didn't intervene at all, how would a business hold a patent? Who grants patents, you imbecile?

    2. Re:Simple by Anonymous Coward · · Score: 0

      The business would create the government intervention. That is your blindspot.

    3. Re:Simple by BoberFett · · Score: 1

      Really? And without the force of government, who is going to recognize and punish people who violate the patent?

  69. Radiation did 1-way messaging in 1994 by jsepeta · · Score: 1

    I used Radiation in 1994, a MacOS joke app that warned users about the radiation screen failing on their monitor (haha) to send one-way messages to my boss. I'm glad to hear that this patent troll used a time machine to take this technology into the future.

    --
    Remember kids, if you're not paying for the service, YOU ARE THE PRODUCT THAT IS BEING SOLD.
  70. BBS software by BrookHarty · · Score: 1

    I could swear this feature existed in old BBS forums. You subscribe to a thread, and it notifies you of updates via system email.

  71. AOL Instant Messenger by gubers33 · · Score: 1

    AIM has been around since 1997, 8 years before this patent was even filed. So how exactly did they invent something that was already around there are older less popular messenger services that were also around prior to this patent filing.

    --
    Just because you are wrong and I called you out on it doesn't mean I am a Troll.
  72. Proof by mldi · · Score: 1

    If anything proves how broken the US patent office is, it'd be this. What the hell?!?

    --
    If you aren't suspicious of your government's actions, you aren't doing your job as a responsible citizen.
  73. It will implode as usual. by Tyr07 · · Score: 1

    As with human nature, someone will go to far sooner or later, and cause a reform in patents. When I say 'go to far' I mean 'cost many corporations money simultanously'. They hate that, and as soon as you do that, sh*t hits the fan. Maybe this will be it, when every cell phone carrier, msn messnger, yahoo, all of it, has to pay royalties. Suddenly software patents might have special rules. Or they'll just destroy their patent grounds. Should be fun to see though, and will have to see what the patent is actually for ;)

  74. Messaging has been done since the fifties/sixties. by oldcodeslinger · · Score: 1

    Obviously Kootol has never seen any old hacker movies like the "The Cuckoo's Egg." or the like, For that matter. what about semaphore on military ships or the telegraph from the 1800's, some stations actual had two telegraphs just for that purpose. Arpanet I think used to do the same thing also. https://secure.wikimedia.org/wikipedia/en/wiki/ARPANET

  75. And my text pager was when? by niftymitch · · Score: 1

    And my two way text pager held me hostage
    when, surely longer than 20 years ago.

    The boss could send messages to a plurality
    of us and we could respond with text.

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  76. Possible Prior Art dated 2001: Miski by Philip+Dorrell · · Score: 1

    In http://www.1729.com/blog/PossiblePriorArtForKootolPatentDated2001.html I examine the relationship between the Kootol patent, Twitter, and my unimplemented Miski system which is (or could have been) similar in many ways to how Twitter actually works. http://web.archive.org/web/20010223204516/miski.sourceforge.net/miski-white-paper.html is a copy of the description of Miski captured 23 Feb 2001 on Wayback.

    --
    Music: a super-stimulus for the perception of musicality. Musicality: a perceived aspect of speech.
  77. Issue fee shown as paid... by Anonymous Coward · · Score: 0

    ... straight from the USPTO:

    "Status: Publications -- Issue Fee Payment Verified
    Status Date: 07-12-2011 "

  78. can't blame em by Anonymous Coward · · Score: 0

    When patent trolls regularly collect triple the amount of damages awarded to practicing entities in patent litigation, it is certainly no surprise that more NPEs (non-practicing entities, or "patent trolls") are springing up and becoming ever more aggressive. They have everything to gain and relatively little to lose by filing patent enforcement actions. I fear that the only way to minimize the threat that PAEs pose to small businesses is by eliminating their incentives to assert patents -- i.e., by limiting the damages that they can collect. In the meantime, you can't really blame a company like Kootol for taking advantage of weaknesses in the legal system.