Slashdot Mirror


Barnes & Noble Names Microsoft's Disputed Android Patents

Julie188 writes "B&N is really blowing the lid off of what Microsoft is doing and how they are forcing money from Android. It has accused Microsoft of requiring overly restricted NDA agreements from those even entering into patent license talks. Because it is disputing Microsoft's claims, and the restrictions of its own NDA signed with Redmond, B&N has gone public. It has named in detail six patents that it says Microsoft is using to get Android device makers to pay up. Plus, B&N is also trying to force open Microsoft's other plans for stomping out Android, including the agreement Redmond made with Nokia, and Nokia's patent-troll MOSAID."

386 comments

  1. Well now by 93+Escort+Wagon · · Score: 5, Informative

    It's about damn time the patents came out.

    --
    #DeleteChrome
    1. Re:Well now by lorenlal · · Score: 4, Insightful

      Keep pushing kids around, and eventually someone's going to push back.

      Fortunately, this is a pretty big kid. This should be fun.

    2. Re:Well now by Tsingi · · Score: 4, Interesting

      It's about damn time the patents came out.

      Yes, and they are more trivial than I could have ever imagined.

      RTFA, it's worthwhile.

    3. Re:Well now by AdamJS · · Score: 4, Insightful

      There's quite obviously an assload of prior art for them too.

    4. Re:Well now by Tsingi · · Score: 0

      There's quite obviously an assload of prior art for them too.

      LOL! Good point. I could come up with some myself.

    5. Re:Well now by GameboyRMH · · Score: 5, Informative

      TL;DR-friendly list of patents:

      https://www.networkworld.com/community/files/imce/img_blogs/microsoft_patents.jpg

      I don't know what to say.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    6. Re:Well now by Daniel+Phillips · · Score: 3, Insightful

      Microsoft exposed as a thuggish patent troll, who woulda thunkit?

      --
      Have you got your LWN subscription yet?
    7. Re:Well now by Bucky24 · · Score: 2

      "No. 6,791,536: simulating mouse inputs using non-mouse devices"
      "No. 6,897,853: simulating mouse inputs using non-mouse devices"

      Can someone explain to me why Microsoft has two patents for the same thing? Or an I just reading that wrong?

      --
      All the world's a CPU, and all the men and women merely AI agents
    8. Re:Well now by oakgrove · · Score: 1

      That list is so freaking absurd that it just boggles the mind that Samsung, HTC, et al are actually paying hundreds of millions over it. My God, what have we become?

      --
      The soylentnews experiment has been a dismal failure.
    9. Re:Well now by Anonymous Coward · · Score: 3, Informative

      The summary sentence is just that. There are probably (trivial) differences in the detailed description somewhere. I can't be bothered to look up the actual patents there myself, of course.

    10. Re:Well now by ackthpt · · Score: 1

      There's quite obviously an assload of prior art for them too.

      LOL! Good point. I could come up with some myself.

      Simply adding weight to the argument "trivial patent", as in, this shouldn't even have been awarded, but you have to settle those separately with the US Patent Office.

      --

      A feeling of having made the same mistake before: Deja Foobar
    11. Re:Well now by Anonymous Coward · · Score: 0

      I was wondering about that... I can only think there's some details on the patent that don't exist in its description/title/whatever? Some of them have schematic-type-things...

    12. Re:Well now by Tsingi · · Score: 5, Funny

      My God, what have we become?

      Peasants.

    13. Re:Well now by ackthpt · · Score: 1

      The summary sentence is just that. There are probably (trivial) differences in the detailed description somewhere. I can't be bothered to look up the actual patents there myself, of course.

      Wouldn't they have to posess patents on Computer Mice as Input Devices, before they could do claim that?

      Mice as input devices are very old, pre-dating the PC.

      --

      A feeling of having made the same mistake before: Deja Foobar
    14. Re:Well now by gvaness · · Score: 1

      Cause if someone goes through the trouble of busting it, they can pull out the other one. Think of it as that extra clip of ammo.

    15. Re:Well now by hawguy · · Score: 5, Interesting

      That list is so freaking absurd that it just boggles the mind that Samsung, HTC, et al are actually paying hundreds of millions over it. My God, what have we become?

      Here's a good conspiracy theory: Are they really paying money, or did MS say "Hey, if you "pay" this licensing fee for Android, we'll return it to you as credits on Windows Mobile licensing fees".

      So Microsoft gets to spread FUD and tell everyone "Hey, these other guys paid up, so should you", while the companies may not be paying anything.

      Since MS tried to require an NDA and confidentiality just to disclose the patents (which are already in the public domain), I wouldn't be surprised to find that they had some backroom deal to reward companies for paying for Anrdroid.

    16. Re:Well now by Tasha26 · · Score: 1

      Ok so first thing tomorrow morning am opening a share-dealing account and putting a big buy order on B&N! :)

    17. Re:Well now by honkycat · · Score: 2

      No, they would not.

    18. Re:Well now by Darinbob · · Score: 1

      It seems MSFT is still trying to push its long filename patent still, since it cited two of the patents in the article, which includes just about everyone using FAT. FAT is a really stupid file system but people have to use it due to various defacto and official standards for interchange. You can't just come up with your own method if you want to be compatible when writing to USB thumb drives for instance. MSFT has said 25 cents per device that uses it, to a max of $250K per licensee, so it's not that much money. But it's apparently using these patents in its negotiations.

    19. Re:Well now by Darinbob · · Score: 1

      The title is just a summary. The patents themselves are different. Ie, "patent for a better mousetrap" only covers one particular type of trap not all possible mousetraps.

    20. Re:Well now by Anonymous Coward · · Score: 2

      Not that big of a kid. Microsoft can buy every outstanding share of B&N with its spare change.

    21. Re:Well now by Anonymous Coward · · Score: 0

      don't forget how they've done that exactly.

      Remember, you pay money for X, microsoft returns it back to you (plus more)....but then cuts it off after a set number of years.

      Remember how yahoo did great until that little deal ended with MS? Nokia? etc.

    22. Re:Well now by Synerg1y · · Score: 2

      Antitrust?

    23. Re:Well now by Darinbob · · Score: 5, Interesting

      Patents have become a way for a group of big players to completely lock out the small players. Because software moves so fast (and these are all exclusively software patents from MSFT) the 20 year patent duration is excessive. Basically the libraries of patents that these companies hold are so large that they really don't know what they have or what they might be infringing upon from another company. So they simplify it by just having a blanket cross-licensing deal with all their friends. Ie, "you're probably infringing on us, and we're probably infringing on you, so let's shake hands and call it even and go after those small upstarts instead." A century ago this sort of thing would have been called a trust and invited strong government scrutiny.

    24. Re:Well now by LordLimecat · · Score: 2

      Those just summaries / titles of the patents, presumably the full patents contain differences.

    25. Re:Well now by hairyfeet · · Score: 4, Interesting

      I did and in fact I'd say they are pretty damned scary if they hold up. How are you gonna make your browser with a way to tell users a page is loading as opposed to hung without a throbber of some sort? but don't forget friend we have Apple claiming rights to a square and so far the courts have sided with them which means unless you can get the courts to throw out MSFT's patents (which is NOT guaranteed by ANY means) you could see FOSS well and truly fucked. look at the one on file systems, how in the fuck are you gonna make a modern file system that does NOT infringe on that one?

      That is why while I say software patents shouldn't be allowed in the first place often you are better off just paying the troll to STFU and go away. if the courts give MSFT precedent by ruling in their favor you are screwed, and if B&N are drug through the courts for a decade or more of legal wrangling then the court fees and lawyers will screw them so bad we'll need a word worse than Pyrrhic victory for the money drain they are gonna suffer. I know guys here think they should always 'fight teh powerz!" but if you look at the costs often you are cutting your own throats.

      After all MSFT has enough cash on hand that a decade long legal fight won't cost them shit, hell they have a legal army on payroll anyway so it is the same cost whether they use them or not. How is B&N doing for cash these days?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    26. Re:Well now by Anthony+Mouse · · Score: 1

      Unsurprisingly they aren't using that patent in the actual litigation. Because if it got invalidated they couldn't keep shaking people down with it.

    27. Re:Well now by amiga3D · · Score: 3, Informative

      The only people who can sue them for anti-trust is the DOJ I believe. If so that ain't happening. Before the last anti-trust suit MS was stingy on political donations. They wised up when the DOJ went after them and now they donate tons of money to politicos, greasing many palms. I doubt there will be any anti-trust action. It's easy to follow the money.

      http://www.opensecrets.org/orgs/summary.php?id=d000000115

    28. Re:Well now by Penguinisto · · Score: 0

      They could try, but it would cost them a mint, and they would not only put themselves in a bind, but their shareholders would start dumping MSFT stock in droves for being irresponsible. I wouldn't be surprised if a lawsuit came out of such an action, come to think of it.

      I mean, hell, Apple could buy pretty much every outstanding share of Samsung and LG outright, but doing so would not only be dumb on their part, but would drop the stock price into the dirt.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    29. Re:Well now by Anonymous Coward · · Score: 1

      The point wasn't that Microsoft would buy B&N. The point was B&N is not a "pretty big kid" compared to Microsoft. There really is no comparison.

    30. Re:Well now by WorBlux · · Score: 1

      Probably for different inputs. Perhaps one for clicks and scroll, another to movement. Maybe to different methods of doing it. Anyways, android doesn't simulate mouse inputs, as it grabs at the touch input layer directly, hence why they changed the claim.

    31. Re:Well now by mrchaotica · · Score: 1

      I think "serfs" has a more appropriately-negative connotation.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    32. Re:Well now by CharlyFoxtrot · · Score: 1

      but don't forget friend we have Apple claiming rights to a square and so far the courts have sided with them

      No they are not claiming that. It's part of it but what Apple are saying is that: Samsung copied the look of the device in several ways, they copied the look of the packaging, they copied the look of the icons and software, they even copied the power brick, etc. Now each of these claims by itself would be ridiculous but add them all together and you get a rip-off product. This article does a good job of breaking down all the claims Apple is making.

      --
      If all else fails, immortality can always be assured by spectacular error.
    33. Re:Well now by jbolden · · Score: 3, Interesting

      They are trading for well under book since they are very close to losing money. But they have plenty and only about $700m in debt.

      Further Google might be looking to take over the lawsuit.

    34. Re:Well now by Anthony+Mouse · · Score: 1

      The problem is that even together it's nonsense. You're saying that having a big screen, being symmetrical, being square, having icons, etc. each by themselves is nothing but together is infringing. But no, that's still ridiculous. Almost everything has all of those. You might as well claim 'runs on electricity, has a rechargeable battery, has a touch screen, has a wireless data modem and fits in your pocket.' Enumerating a shared set of basic, functional characteristics of common devices does not imply infringement.

    35. Re:Well now by CharlyFoxtrot · · Score: 2

      @FedcourtJunkie :"Koh just held both tablets above her head, one in each hand, asked Samsung lawyers to identify which was which. Took them a while to do so.."

      Again it's not about icons, it's about icons specifically made to resemble iOS icons. It's not about a rounded square device, it's about a device that's made specifically to resemble Apple's style, etc. All those elements together create a copycat that makes it hard to distinguish from the competing product. Compare this to a competitor done right, as much as I hate to admit it, the Windows phones. They have a distinct style of their own, they don't need to rely on copying someone else's.

      --
      If all else fails, immortality can always be assured by spectacular error.
    36. Re:Well now by whoop · · Score: 2

      In the Android world, there are plenty of bigger fish that could have been challenging Microsoft. I find it curious that a fairly minor player in the ebook/tablet area is the one doing it not HTC, Samsung, Motorola or even Amazon.

    37. Re:Well now by ocratato · · Score: 4, Insightful

      They don't have a product that runs Windows.

      I wonder how much extra a Windows license would cost if you don't pay for the Android license?

    38. Re:Well now by Anonymous Coward · · Score: 0

      A century ago we had Teddy Roosevelt. We need him again now, in a big way.

    39. Re:Well now by Bradmont · · Score: 1

      Android is anything but a small startup, and that's why Microsoft is going after it. It scares the crap out of them that there is an open source OS that is actually holding a significant part of the end-user market (I've been an exclusive Linux user for more than a decade, but it'd be silly to argue it is a major force in the user space). Of course they will do anything in their power to destroy it, their business model depends on it. If ever Ubuntu (for example) became a big player in the desktop space, you better believe they'd be on Canonical like white on rice.

    40. Re:Well now by deniable · · Score: 2

      They don't have any patents for cross-licensing, do they? The others can make a deal.

    41. Re:Well now by drb226 · · Score: 1

      I find it rather creepy that the "simulating a real world thing on a computer"-style patent has expanded to "simulating a desktop computer thing on a mobile device"

    42. Re:Well now by mjwx · · Score: 1

      I mean, hell, Apple could buy pretty much every outstanding share of Samsung and LG outright, but doing so would not only be dumb on their part, but would drop the stock price into the dirt.

      Once a company tries to forcefully take over another company by buying up it's shares, share prices skyrocket. There can be no avoiding this with a publicly listed company as this move has to be announced in advance. Just look at what happened to Yahoo shares when Microsoft announced they were just thinking of buying Yahoo.

      Considering that during a hostile takeover, the buying price of the shares has to be in excess of the perceived value of the shares in order to get people to sell. Note this is the perceived value, not the current share price so it will be higher then the current share price.

      This alone would stop Apple from even trying to buy out Samsung (which would have to be a hostile takeover).

      Finally, we have organisations like the SEC, ASIC and other financial regulatory agencies that can flat out say, "no you cant buy them".

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    43. Re:Well now by rrohbeck · · Score: 1

      I woulda, as I'm sure many here woulda.

    44. Re:Well now by kermidge · · Score: 1

      Even now, I find it incomprehensible that anyone was issued patents for any of this stuff. Just reading them is hurtful to the brain. It's nonsense, and amounts to little more than a government-sanctioned extortion scheme. What truly hurts is that I'm not surprised.

    45. Re:Well now by ADRA · · Score: 1

      Patents are the sum of its parts, so you can take something quite obvious and arrange them in a new and novel way as long as 'its not obvious'. If that wasn't the case, basically nothing would be patentable, since essentially all basic science/math/etc.. isn't patented and pretty much every patent relies on these building blocks to do anything meaningful.

      You can even file patents that are the exact combination of two prior patents not owned by yourself as long as you arrange them in a new and novel way...

      --
      Bye!
    46. Re:Well now by rsborg · · Score: 1

      Microsoft exposed as a thuggish patent troll, who woulda thunkit?

      Well if you pondered the fact that Nathan Myhrvold cut his teeth at Microsoft (was former CTO), and that Microsoft is the heir to IBM's empire (which is funded in no small part through massive patents), then this is really logical.

      --
      Make sure everyone's vote counts: Verified Voting
    47. Re:Well now by Namarrgon · · Score: 1

      And if the lawyers held up two modern smartphones, how many lawyers (or consumers) could pick the Windows Phone (if the screen was off)?

      It would be trivial to spot the Samsung tablet (hint: it's the less-square, 16:9 one), but perhaps shape recognition isn't part of the lawyer skillset. With the home screens on, it'd be even easier. Nonetheless, the GP is right; hand-sized, rectangular shape, speaker at the top, basic black colour - none of these could be considered a unique feature in phones, because the form is in large part dictated by the function. Just as with tablets.

      --
      Why would anyone engrave "Elbereth"?
    48. Re:Well now by Anthony+Mouse · · Score: 5, Insightful

      OK, let's look at the claims Apple is making:

      a rectangular product shape with all four corners uniformly rounded;
              the front surface of the product dominated by a screen surface with black borders;
              as to the iPhone and iPod touch products, substantial black borders above and below the screen having roughly equal width and narrower black borders on either side of the screen having roughly equal width;
              as to the iPad product, substantial black borders on all sides being roughly equal in width;
              a metallic surround framing the perimeter of the top surface;
              a display of a grid of colorful square icons with uniformly rounded corners; and
              a bottom row of square icons (the "Springboard") set off from the other icons and that do not change as the other pages of the user interface are viewed.

      The phone you linked meets everything there except what, that it's white instead of black and the icons are square instead of having rounded corners? You can try to claim that the similarities between Apple's device and Samsung's are more than what's listed, but all that means is that the trade dress claims are overly broad.

      The fundamental problem is that all touch screen phones have similar characteristics for purely functional reasons. All the similarities between Apple's device and Samsung's come down to a simple calculus: In any market with similar devices competing, you can always evaluate each of your various competitors' products to determine which one is most like yours, and (absent a tie) there will always be one that is. Naturally, a company intent on doing some lawyer-based chest thumping will choose that one as the target of their aggression. Subsequent comparisons between that competitor's device and other devices on the market will always show that device to be the most similar, because it is, and that's why they picked it as their target.

      But none of that proves that Samsung did anything wrong. Having the most similar device and having a device that is too similar are two completely unrelated questions. You can have neither, both, or either one without the other. And pointing out a list of generic similarities doesn't prove anything. Pick any two modern cell phones and I'll be able to give you a list of a hundred characteristics they both share.

      Apple is making trademark and trade dress claims. The point of those things is to identify the product to the customer when they're purchasing it. Nobody is buying a Samsung phone thinking it's made by Apple.

    49. Re:Well now by znerk · · Score: 2

      That is why while I say software patents shouldn't be allowed in the first place often you are better off just paying the troll to STFU and go away.

      "Once you pay the Danegeld, you are never rid of the Dane."

      Makes me wonder why piracy isn't even more rampant than it is, with patents being ~18 years too long and copyrights being 70-100 years too long.

      Mickey Mouse is 83 , and won't be public domain for at least 15 more years (assuming Disney doesn't pull something else out of their sleeve). How long will be long enough for Disney to have profited from that particular piece of Intellectual Property? Is there a single person on the planet who hasn't been exposed to Mickey Mouse?

      Happy Birthday (not the Beatles song, the one you learned as a child whenever it was noticed that someone breathed for another 365 days) has a copyright expiration date of 2016 in the EU, or 2030 in the US. In 2008, Warner collected about $5000 per day ($2 million for the year) in royalties for the song. This is (pardon the pun) patently ridiculous, as the melody was first published in 1918.

      According to Cornell University, a sound recording first fixed to a medium prior to 1972, even if unpublished and/or uncopyrighted, will enter the public domain no earlier than 2067.

      It's no wonder people feel justified in downloading music for free - no copyrights have expired since 1923, and we'll all be dead by the time anything published before we were born enters the public domain.

      This post has a lot of details and documentation concerning copyright, including the fact that it's provided for in the United States Constitution (although the original terms weren't specified any further than "a limited time", and the specifics set down prior to 1790's legislation (14 years with a single 14-year extension) included non-extensible periods of 5 to 7 years).

      I know, I know. Copyright isn't Patent. Unfortunately, they are both closely related, both way out of date, and both being ignored by most of the world as the dinosaurs they are. It has gotten to the point where I have just about given up on writing any software, because if it gets popular then I'll have to defend it in court against all the patent vultures who haven't done anything innovative in their company's lifetime.

      Patents and copyright are stifling innovation, instead of encouraging it. This is the exact opposite of the stated goals of patent and copyright legislation.

      It's time we put them to rest, and figured out a way to make innovation profitable, instead of turning it into a fear-inspiring uncertainty engine.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    50. Re:Well now by znerk · · Score: 1

      they even copied the power brick

      I'm sorry, are you saying that the shape of an AC-to-DC adaptor is patentable? Seriously? It's a block on a cord. Ok, let's do a Google search for your Apple power brick... huh, looks like the majority of responses seem to be about a class-action lawsuit against Apple for selling a power brick that sparks and catches fire. Hmm. Aha! Here we are - Apple sued Media Solutions Holdings for duplicating the look of their power brick - but Media Solutions Holdings isn't Samsung, and that lawsuit was in 2009. Sorry, I'm not understanding where your fanboi-ish complaint about a power brick is coming from.

      As for the claims of trademark infringement... Are you complaining about the size and shape of a smartphone? Literally every smartphone on the market can be described generically as "a brick about 1 cm thick, 7 cm wide, and around 12 cm long". Similarly, nearly all of them are either black, white, or silver. Most of the decent ones that don't break after 6 months of normal use have no moving parts, so they can all be described as having a screen and practically nothing else as the front face, as well.

      Or did you want to complain about a generic set of icons?

      One of the icons pictured as "infringing" is a picture of a white-ish telephone handset, on a green field. You know, like every cellphone in the world has on its face, to indicate the button to push to get the dialer? Yeah, that sounds like a big trademark infringement there. Better sue Nokia, Motorola, HTC, AT&T, Verizon, and T-Mobile while you're at it - they all use green pictures of telephone handsets to indicate which button to push to make a voice call, too. Come to think of it, so does Microsoft.

      Another icon is a speech balloon, indicating (surprise) texting and/or chat. Again, this is on damn near every text-capable phone in the world.

      The third icon in that series is a picture of a... what is that, a sunflower? So now a picture of a flower is an infringement? It's not the same flower, it's not the same picture angle, it's not the same amount of flower shown, and one of them has boxes superimposed over it. What, exactly, is infringing here? More to the point, what part of "picture of sunflower" is supposed to make me think "Apple iPhone"?

      Moving right along to the fourth pair of pictures showing the "similarities" of these two devices, we have a settings icon. A representation of a gear, or gears. Show me an OS that doesn't use a gear like that. No, really. Win95 uses a gear picture very similar to that for MS-DOS applications. Quick, call Microsoft so they can get a piece of this sideshow!

      The notepads pictured in the next pair of icons are similar, yes... but how many different icons can you think of that might indicate some sort of note-jotting application? The only other thing I can think of is a Post-It, and those are trademarked, too.

      A bust of a person, in silhouette, to indicate a contact list. MySpace and FaceBook should be able to cut ahead in line for that one, and maybe they can sue Apple too, just for fun.

      Gasp! The HORROR! They stole the idea of an using image of a compact disc with a musical note superimposed to indicate a music player application! ... or maybe they just figured that it made sense, since a CD is the only way to purchase a physical copy of music any more.

      Let's move on to the patent infringement, shall we?

      "Patent #7,863,533 is an old-school hardware patent. Titled 'Cantilevered push button having multiple contacts and fulcrums', it covers the volume rocker on the iPhone 3G and 3GS" ... and every other device for the past 10 years that has an audio output.

      Ok, I'm done with this, it's starting to feel like I'm shooting children's candy in a barrel, or something.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    51. Re:Well now by CharlyFoxtrot · · Score: 2

      And if the lawyers held up two modern smartphones, how many lawyers (or consumers) could pick the Windows Phone (if the screen was off)?

      It would be trivial to spot the Samsung tablet (hint: it's the less-square, 16:9 one), but perhaps shape recognition isn't part of the lawyer skillset. With the home screens on, it'd be even easier. Nonetheless, the GP is right; hand-sized, rectangular shape, speaker at the top, basic black colour - none of these could be considered a unique feature in phones, because the form is in large part dictated by the function. Just as with tablets.

      Ask your average consumer who came in to buy an iPad to identify the iPad in a side-by-side comparison, will they be able to ? Down to the packaging Samsung have copied elements that were distinctively Apple-like. To me the Windows phones look substantially different, so does the UI and crucially the combination of the two is something fresh showing that yes you can come up with a new approach even when working within the constrains dictated by function. I also thought the Palm Pre, though less distinctive as the Windows ones also succeeded at doing its own thing. While when the first time I saw a commercial for the Galaxy (I think) the very first thing that shot through my mind was "wow I can't believe how much they are making this thing look like an iPhone."

      --
      If all else fails, immortality can always be assured by spectacular error.
    52. Re:Well now by rtb61 · · Score: 2

      Consider the simulating mouse inputs alone using other devices. WTF the mouse inputs simulate using other devices. So what, using a mouse makes prior devices illegal. Who the fuck grants these patents, who was paid under the table to allow crap like that through.

      --
      Chaos - everything, everywhere, everywhen
    53. Re:Well now by CharlyFoxtrot · · Score: 1

      Nobody is buying a Samsung phone thinking it's made by Apple.

      Firstly I think you're overestimating people. Secondly they don't need to. The fact they are buying something that is sufficiently similar to an iPhone allows them to insert themselves into Apple's pricing tiers as an alternative. Where before if you wanted something iPhone-like your choice was iPhone 3GS - iPhone 4 - iPhone4S each tiered to serve a certain market suddenly you have a third party inserting itself by being so similar ("oh I can just buy that one it's kinda like an iPhone".) That way they (Samsung) are riding on the coattails of a very expensive marketing machine.

      However you nitpick the various claims made in the lawsuit and how laws should apply and if patents should even be granted I think that no one with eyes that can see can honestly look at some of these products side by side and deny that at some point someone at Samsung looked at an iPhone and an iPad and told someone at some department "hey, make me some of these." Personally, I think that's a dick move and they deserve to catch more hell for it than they currently have. It's exactly the kind of thing we used to deride the Chinese, and before them the Japanese, for and now it seems like that's all A-OK.

      --
      If all else fails, immortality can always be assured by spectacular error.
    54. Re:Well now by CharlyFoxtrot · · Score: 1

      Look at this picture. That was plastered on billboards all over in my town. Are you going to tell me they didn't make that look like an iPhone on purpose ? Nitpicking the individual claims is easy, look at the big picture.

      --
      If all else fails, immortality can always be assured by spectacular error.
    55. Re:Well now by Anthony+Mouse · · Score: 1

      The fact they are buying something that is sufficiently similar to an iPhone allows them to insert themselves into Apple's pricing tiers as an alternative.

      That is what's supposed to happen. It's called competition. Just because you popularize something doesn't inherently give you any proprietary rights to it. We don't grant government monopolies for expensive marketing. And that is what Apple wants, which is why they're wrong.

      However you nitpick the various claims made in the lawsuit and how laws should apply and if patents should even be granted I think that no one with eyes that can see can honestly look at some of these products side by side and deny that at some point someone at Samsung looked at an iPhone and an iPad and told someone at some department "hey, make me some of these." Personally, I think that's a dick move and they deserve to catch more hell for it than they currently have. It's exactly the kind of thing we used to deride the Chinese, and before them the Japanese, for and now it seems like that's all A-OK.

      We used to deride them for making shoddy products and misrepresenting that fact to buyers. Actual trademark infringement, where the buyer was actually deceived into buying a piece of crap with a fake label.

      What you're deriding Samsung for is engaging in honest competition. They're making a high-quality product for a lower price. There is nothing untoward about specifically targeting Apple's customers or producing a product they will find familiar, in the absence of any misrepresentations about its origin.

      Copying is not inherently wrong. Patents expire for a reason, and not everything is patentable for a reason. All advancement is incremental. Standards and uniform conventions are socially desirable. Monopolies are bad.

    56. Re:Well now by znerk · · Score: 1

      Look at this picture. That was plastered on billboards all over in my town. Are you going to tell me they didn't make that look like an iPhone on purpose ? Nitpicking the individual claims is easy, look at the big picture.

      Just because a picture is large doesn't mean it's worth more than a small one. Yes, it looks vaguely similar to an iPhone. It was packaged similarly to an iPhone. Out of curiosity, did you see the package before you purchased your last smartphone? Do you think anyone would be handed a Samsung device by a carrier's reps when they asked for an iPhone? To my eye, the main thing making that device look like an iPhone is the silver band around the outside - other than that, you might as well say that my Atrix looks as much like an iPhone as any other smartphone - they're all pretty much the same, nowadays.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    57. Re:Well now by Xest · · Score: 1

      In America yes.

      The biggest danger for the US tech economy is that all new start ups will do so in places like Europe and Asia where these silly patents are unenforcable and will grow their businesses there until they're big enough to compete on the American stage.

      I don't think it'll harm innovation and new players entering the market globally, but that it will harm America's long term technology economy. With the current patent system America runs the risk of handing it's high tech industry crown to other parts of the world, and handing them it on a plate.

    58. Re:Well now by jrumney · · Score: 1

      They have patented two different ways of simulating mouse inputs using non-mouse devices. I'm not sure how this is relevant, because Android does not simulate a mouse device, it is a natively touchscreen interface with D-Pad events as a secondary non-simulated method of navigating between UI objects.

    59. Re:Well now by Anonymous Coward · · Score: 0

      "No. 6,791,536: simulating mouse inputs using non-mouse devices"
      United States Patent 6,791,536
      Keely , et al. September 14, 2004
      Simulating gestures of a pointing device using a stylus and providing feedback thereto

      Abstract

      A method and apparatus for simulating at least one gesture of a pointing device such as a mouse. A left click, right click, left drag, right drag, and/or mouse movement may be simulated using a stylus in conjunction with a touch-sensitive display surface. For example, a computer having the display surface may detect whether a stylus is being held down on a touch-sensitive display surface for at least a threshold amount of time. The computer may further detect whether the stylus is then removed from the touch-sensitive display surface after at least the threshold amount of time. Responsive to the stylus being removed, the computer may generate at least one event representing a right mouse button being pressed.

      United States Patent 6,897,853
      Keely , et al. May 24, 2005
      Highlevel active pen matrix

      Abstract

      The present invention relates to a system, method and medium for receiving and acting upon user input. In one embodiment, the user may only have access to a limited input device, like a stylus. Using the present invention, a user is provided with intuitive responses from the system based on inputs from the limited input device.

    60. Re:Well now by Anonymous Coward · · Score: 0

      Replying to my own comment, Looks like to me that the first one is invalid, it speaks of a stylus all over, which isn't used in any modern device. Also, they speak of left click, left drag etc, all which you could argue is left tap, and left-hold-tap. But who says those are left click and right click commands? to me that's just tap and hold-tap.

      Not that it matters in the end, i'm sure they can argue 'but the stylus was an example a finger is just like an example' or in the future, they'd file patents even broader making their meaning even more useless, but still a bullet in their patent gun.

      Second patent, 'like a stylus' doesn't sound like a finger either, but other then that, it sounds like the first one, but more vague and more 'broad' I guess.
      Seriously though "a user is provided with intuitive responses from the system"? How is that an invention even?

    61. Re:Well now by ElBeano · · Score: 1

      Here's a good conspiracy theory: Are they really paying money, or did MS say "Hey, if you "pay" this licensing fee for Android, we'll return it to you as credits on Windows Mobile licensing fees".

      So Microsoft gets to spread FUD and tell everyone "Hey, these other guys paid up, so should you", while the companies may not be paying anything.

      Since MS tried to require an NDA and confidentiality just to disclose the patents (which are already in the public domain), I wouldn't be surprised to find that they had some backroom deal to reward companies for paying for Anrdroid.

      This is what I've been thinking from very early on.

    62. Re:Well now by L4t3r4lu5 · · Score: 1

      "No. 6,791,536: simulating mouse inputs using non-mouse devices"
      "No. 6,897,853: simulating mouse inputs using non-mouse devices"

      Can someone explain to me why Microsoft has two patents for the same thing? Or an I just reading that wrong?

      One is "... using a computer."

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    63. Re:Well now by thejynxed · · Score: 2

      Fixes:

      1) Patents and Copyrights have a fixed term of 50 years. After this term expires, there may be no extensions, and no resurrections. The length of the fixed term may not be amended retroactively or otherwise. Permission to distribute or otherwise publish during this period remains solely at the creator's discretion.

      2) Patents and Copyrights may not be transferred at any point away from the creator. If the creator ceases to exist, then the Patent or Copyright immediately and irrevocably enter the Public Domain. This includes when corporate entities cease to exist due to being purchased and their assets absorbed by another corporate entity.

      For example: Creator's Copyright or Patent rights do not pass down as an inheritance.

      Patents or Copyrights created by employees of a company remain with the company, and the company is registered as the "creator".

      Companies may not claim ownership of Patents or Copyrights for works created by their employees outside of their normal working hours. Companies may not at any time claim that employees are always on duty. Employees likewise may not bring home works that may qualify as Patents or Copyrights from their place of employment and attempt to claim them as their own when filed outside of the workplace.

      For example: The company may not claim ownership on a Patent or Copyright filed by the employee while the employee is on vacation, or at home after their workday, for the purposes of attempting to avoid the restrictions of Part 2, as long as those Patents or Copyrights in question were not brought from the workplace of the employee to begin with.

      3) The creator of a Patent or Copyright MUST license their product to anyone who wishes to license it in a non-discriminatory manner, and for a reasonable fee if the creator decides to impose a fee and or royalty. Length of the license term to be negotiated between the creator and the licensee. Rights of publication and distribution remain with the creator, and may or may not be included with the license to use the Patent or Copyright in question.

      Third-parties may not in any way, shape, or form, interfere with or otherwise unduly influence the terms.

      For example: Trade organizations would not be allowed to set the fee, add a fee (royalty or otherwise), set the length of the license, or set any other restrictions. The right to do this remains solely within the purview of the creator.

      Those are some easy fixes to this mess right off the top of my head. Finer points could be added or debated, but it's 8am and I've only had one cup of coffee.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    64. Re:Well now by znerk · · Score: 2

      Patents already only last 20 years. I'd rather it were 2, as quickly as the industries are moving these days.
      50 years for copyright is 10 times my posts' proposed limits (which were some of the original limits).

      The original concept of these legal structures is to allow the original creators to profit from their creations, and then have those creations move into the public domain after a reasonable amount of time. 50 years is not really any more reasonable than 120.

      I think people are already pursuing the sanest course of action: piracy of any and all IP as a form of civil disobedience, in an attempt to get the laws changed to something resembling reasonable.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    65. Re:Well now by Tsingi · · Score: 1

      What truly hurts is that I'm not surprised.

      LOL! It is a pretty sad state of affairs.

  2. It's time. by dubdays · · Score: 5, Insightful

    Time to fire up the old Nook Color and make a purchase.

    1. Re:It's time. by tverbeek · · Score: 5, Insightful

      There are no totally innocent corporations out there, and I'll always favor independent booksellers, but looking at the Nook in contrast to Amazon's censorship of the Kindle and exclusivity deals for Kindle content, B&N's commitment to bricks-and-mortar stores, and now the company's decision to stand up to Microsoft, I really am finding myself a fan of B&N.

      --
      http://alternatives.rzero.com/
    2. Re:It's time. by Anonymous Coward · · Score: 0

      Hear, hear! I'll be doing the same.

    3. Re:It's time. by Anonymous Coward · · Score: 0

      Same here, planing on purchasing the new Nook to support B&N, I'm a new fan of them.

    4. Re:It's time. by Bert64 · · Score: 2

      Me too, unfortunately they don't sell outside the US or i'd be buying a Nook.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    5. Re:It's time. by Anonymous Coward · · Score: 0

      Well, I'm ordering one this month (to EU). Couldn't decide for a while since all e-readers are similar, I'll be supproting B&N from now on.

    6. Re:It's time. by Anonymous Coward · · Score: 0

      Instead, I e-mail my senator.
       
      I don't suppose either of our responses will garner much attention where needed, however appropriate they may be. Still, we must try to make whatever difference we can. If others do they same, maybe patent reform will start snowballing into something real, though whether it'll stand a chance in hell or not is another argument entirely.

    7. Re:It's time. by Anonymous Coward · · Score: 0

      I sending one to my Ups Center at the border (hold for pick) :-)

      P.

    8. Re:It's time. by Anonymous Coward · · Score: 0

      They should write a "book" or at leas essay about why they outed the patents and sell it for nook and other devices for various prices from 0€ to 10€ or something. So everyone who likes what they did, may buy that "book" for price that they see fit and show their support to that act with that.

    9. Re:It's time. by LordLimecat · · Score: 1

      A vendor refusing to sell certain content in THEIR store-- space that they have to pay for and maintain-- is now "censorship"?

      Is this what is known as "inflationary language"? Good grief, so what word should we now use for government-enforced book burnings, since "censorship" has been devalued to the point of worthlessness?

    10. Re:It's time. by glop · · Score: 1

      That's too bad for you. Did you try Ebay or something like that?
      The Nook Color is a very nice device for hacking or just reading books.

    11. Re:It's time. by DragonWriter · · Score: 1

      A vendor refusing to sell certain content in THEIR store-- space that they have to pay for and maintain-- is now "censorship"?

      Yes, exactly. Just like a broadcaster choosing what to show on their network--a system they have to pay for and maintain--is censorship, and the people who do it are called "network censors".

      Censorship has always referred to the act of examining material for objectional content and suppressing that objectionable content, regardless of who does it.

      Now, its true that certain subclasses of censorship -- that by agencies with disproportionate power to keep ideas out of the public square entirely by the act of censorship, and most particularly by the government, raise special concerns. But "censorship" has never exclusively referred to those most-worrisome cases.

      Good grief, so what word should we now use for government-enforced book burnings, since "censorship" has been devalued to the point of worthlessness?

      "Copyright enforcement". Well, at least, that's the most common case of government-enforced book-destruction.

      For those that are actually objectionable-content-based, "government censorship" works just fine, same as ever. Not all censorship is government censorship, despite your effort to retroactively redefine the term just so that you can take offense at people using it properly.

    12. Re:It's time. by Endo13 · · Score: 2

      I suppose you missed the instances where they "unsold" content that they sold? If remotely destroying content you already sold because you later discover it has portions you don't like isn't censorship, then what the fuck is?

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    13. Re:It's time. by Endo13 · · Score: 2

      And aside from all this, the Nooks are great products. I bought one myself back in January of this year and I love it.

      --
      There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
    14. Re:It's time. by i_b_don · · Score: 1

      "Censorship is the suppression of speech or other public communication which may be considered objectionable, harmful, sensitive, or inconvenient to the general body of people as determined by a government, media outlet, or other controlling body"

      Amazon Kindle = "media outlet"

      Amazon reportedly is removing all works that contain references to incest or m/m rape or something like that.

      Honestly I don't know if I care at all about this, but the GP's usage of the word "censorship" is accurate with the definition of the word and your outrage is stupid. You can point out that what they are censoring is totally worth censoring and they should be applauded for it or take more of a "who gives a crap if they censor this stuff" attitude, but either way, the original language was not out of line.

      d

      --
      all language nazi's will burne in heil!
    15. Re:It's time. by LordLimecat · · Score: 2

      Tell me, how is amazon SUPPRESSING media by simply refusing to sell it? Is refusing to promote or sell something "suppressing" it?

      If so, MSNBC is censoring because they dont espouse republican viewpoints as well as democratic ones, and fox is censoring because they dont promote viewpoints that support the democrats. Everyone must support, sell, and spread all viewpoints at all times, or else they are censoring. Is that how it works?

      The "outrage", as you put it, is because inflationary language like this not only unnecessarily stirs up outrage over minor issues (a store refusing to sell content that it finds objectionable is frankly a right I would defend as much as my personal right to free speech), but it also causes "outrage fatigue" and makes it harder to stir people up for LEGITIMATE issues of censorship (book burning, etc).

    16. Re:It's time. by i_b_don · · Score: 1

      Of course refusing to sell a book based upon content of the book is censoring that book. Is refusing to loan out a book in a public library censoring that book? Of course. Does it matter that you can go down the street to the local bookstore and buy it? No. The library is still censoring that book.

      I tend to agree that the use of the word implies that what Amazon did was stronger than what they did.... or to put another way, they censored stuff that 99.9999% of the people in the US feel is objectionable and we don't mind it being censored. If some people write books on "how to torture small animals" I hope they censor those books too. I don't hold any animosity toward Amazon for CENSORING the books they did.

      I think it's better to point out how stupid and over the top the guy's language by simply stating what Amazon's crime was rather than going off on this word. It's like calling a guy a convicted criminal because he got a J-walking ticket. While it may be factually true, it implies more than the reality of the situation. Pointing out how stupid the statement is is more useful than going off on the definition of "convicted criminal".

      d

      --
      all language nazi's will burne in heil!
    17. Re:It's time. by DragonWriter · · Score: 1

      Tell me, how is amazon SUPPRESSING media by simply refusing to sell it? Is refusing to promote or sell something "suppressing" it?

      If you are one of the main distributors by which media of a particular type is distributed from creators to the public, then, yes, refusing to distribute can be a particularly effectively way of suppressing it.

      If so, MSNBC is censoring because they dont espouse republican viewpoints as well as democratic ones

      The premise of the question is flawed. Consider Joe Scarborough.

      The "outrage", as you put it, is because inflationary language like this not only unnecessarily stirs up outrage over minor issues (a store refusing to sell content that it finds objectionable is frankly a right I would defend as much as my personal right to free speech)

      Whether its a right or not doesn't make it "not censorship". Whether censorship or not doesn't depend on whether it is right or wrong or whether the government is doing it, "censorship" is a objectively defined.

      but it also causes "outrage fatigue" and makes it harder to stir people up for LEGITIMATE issues of censorship (book burning, etc).

      You don't get to redefine words just because you think it would be more convenient for your political purposes if existing words which apply both to things you approve of and things you don't didn't encompass both kinds of things under one label.

      I mean you can try, but its probably not going to work.

      There's already very good existing phrases to describe book-burning. Starting with "book burning". There's no reason to narrow the definition that censorship has had for hundreds of years just so that its impossible to discuss a category of behavior that cuts across lines you consider morally significant.

    18. Re:It's time. by Eskarel · · Score: 1

      To the best of my knowledge the stuff they "unsold" was stuff they discovered they actually didn't have the right to sell in the first place because the copyright terms were different than they had believed. Now I still think it was dodgy, but it wasn't based on a choice of content.

    19. Re:It's time. by LordLimecat · · Score: 1

      If you are one of the main distributors by which media of a particular type is distributed from creators to the public,

      Amazon is the main distributors for users of the Kindle platform. That HARDLY makes them the main distributor of literature, by a long long shot.

      The premise of the question is flawed. Consider Joe Scarborough.

      Clearly I dont watch much MSNBC. Way to completely skate over the thrust of my argument, which was exposing the absurdity of demanding every vendor promote every type of media, every viewpoint, every genre, lest they be censoring.

    20. Re:It's time. by datavirtue · · Score: 1

      %big fart sound% Let B&N get rolling, you will be begging for Amazon. Amazon is an awesome company, GREAT customer service, innovation, affordable, the list goes on. B&N was great but their time has passed. Amazon brings people affordable books and services, what rock have you been under? As a student I turn to Amazon for CHEAP text books, as a researcher I turn to Amazon to find the best books in a matter of minutes, as a parent I turn to Amazon to find educational material of the highest quality easily, and as a creator I turn to Amazon to purchase equipment and supplies. Not because I'm some Amazon Fanboi, but because two day shipping is free (Amazon Prime for students), honest product reviews are usually available (preventing me from wasting time and money on crap) and if I have a problem a human being is within reach and *wanting* to help. This is just the tip of the iceberg. Amazon is many things to many people. Besides, my grandma can check out local library books on her Kindle, good stuff. So, when you start hating on Amazon for some stupid reason, remember what is was like before this SERVICE was available.

      --
      I object to power without constructive purpose. --Spock
    21. Re:It's time. by tverbeek · · Score: 1

      The most mature, insightful, and informed part of this reply was "%big fart sound%".

      --
      http://alternatives.rzero.com/
    22. Re:It's time. by tverbeek · · Score: 1

      It's what the word means. Just because you've always assumed in ignorance that the word means something else, doesn't mean that other people are misusing or changing the meaning of a word.

      "Good grief, so what word should we now use for government-enforced book burnings"

      How about the phrase "government censorship"? Or did you indifference toward learning English also include skipping over the concept of "adjectives"?

      --
      http://alternatives.rzero.com/
  3. Ugh. by AdamJS · · Score: 1

    NetworkWorld/InfoWorld/PCWorld/that whole cabal of sites are just horrible.

    Anywho, it's nice to see a relatively big name standing up to bullies.
    And lo, Nokia, how far you have fallen.

    1. Re:Ugh. by Anonymous Coward · · Score: 0

      And lo, Nokia, how far you have fallen.

      Don't worry, a Nokia N900 fanatic and long-time Nokia Persecution Syndrome sufferer will be by aaaaaaaaaany second now to remind you how wrong you are because they have an N900, which is the greatestest thing ever in the world ever, so Nokia can do no wrong.

      I mean, you've GOT to stick around to see how they spin this as a triumph for Linux because the N900 runs Debian, right? That's ALWAYS hilarious.

    2. Re:Ugh. by AdamJS · · Score: 2

      The N900 was nice though.
      Nokia used to be better. They were fostering Qt, after all, and Qt is awesome.
      This is just...absurdly evil. 90s Microsoft, cartoonish evil. How did they possibly think this was a good idea?

    3. Re:Ugh. by ackthpt · · Score: 4, Funny

      The N900 was nice though.
      Nokia used to be better. They were fostering Qt, after all, and Qt is awesome.
      This is just...absurdly evil. 90s Microsoft, cartoonish evil. How did they possibly think this was a good idea?

      Perhaps the chair struck back and in his delirium Ballmer thought it was a sane strategy.

      Have to say, it smacks of the sort of desperation Microsoft (under Bill Gates) sought to destroy Java.

      --

      A feeling of having made the same mistake before: Deja Foobar
    4. Re:Ugh. by Anonymous Coward · · Score: 0

      Has it made the primetime news? Do you think the majority of Microsoft users would even care? Microsoft lives off of their market share. Any popular device or software must run on Windows, and this perpetuates their success. If they can gain the market share on mobile devices too, they can do the same thing on phones/tablets. If they fail, so what, they get a slap on the wrist. Microsoft is evil not stupid.

    5. Re:Ugh. by Anthony+Mouse · · Score: 1

      The thing is, Microsoft by and large did destroy Java. Certainly it stopped Java from becoming the primary platform for new development during its heyday, which would have made the large majority of third party software platform independent and made Windows irrelevant.

      It's a very productive business strategy, other than that whole illegality thing.

    6. Re:Ugh. by znerk · · Score: 1

      The thing is, Microsoft by and large did destroy Java. Certainly it stopped Java from becoming the primary platform for new development during its heyday, which would have made the large majority of third party software platform independent and made Windows irrelevant.

      It's a very productive business strategy, other than that whole illegality thing.

      Uhm... Android is Java. Dalvik is a clean-room reverse-engineered Java interpreter.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    7. Re:Ugh. by Anthony+Mouse · · Score: 2

      And .NET isn't. Which is what a sufficiently large number of business applications are now written in that major companies can't switch from Windows to a competing operating system.

      The threat from Java was that everyone would use it, and use its platform-independent standard library instead of the Microsoft lock-in created by a preponderance of applications using the Win32 API. When Java first arrived they tried to kill it by including a non-standard JVM with Windows, so that applications written in Java for the Microsoft JVM wouldn't run on the Sun JVM on other platforms.

      That was what got them in the antitrust hot water. When they couldn't do that anymore, instead of including a thing with Windows and calling it Java, they created a new thing to include with Windows and called it .NET. Along with the other moving target that is Direct X, and some others. Their purpose was the same as the proprietary JVM, as it was with creating Win32 instead of using POSIX before that: Give developers a Windows-locked platform to target, so that new third party applications would continue to lock businesses into Windows.

      And it has served their aims. Most people still can't switch Windows for another operating system because the software won't run. Too many business applications use .NET, too many games use Direct X, etc. But one has to wonder how it is that they got in trouble for including the JVM while the others are excused.

    8. Re:Ugh. by gtall · · Score: 1

      What got them into antitrust hot water was business practices relating to windows. What got them into a court case with Sun was the way they broke their contract with Sun. They were different, although business as usual at MS.

    9. Re:Ugh. by Anthony+Mouse · · Score: 2

      Only if by "business practices relating to windows" you mean designing an incompatible JVM, including it with Internet Explorer, making ISVs agree to not include Sun's JVM with their applications, misleading Java developers into thinking that developing for Microsoft's JVM would produce cross-platform applications and threatening Intel that they would support AMD 3DNOW! if Intel wouldn't stop developing a high-performance cross-platform JVM.

      But don't take my word for it, read section II(B)(5) here. The heading is "Java" under "II. Monopolization, B. Anticompetitive Conduct."

  4. Lessons by vencs · · Score: 0

    Looks like Microsoft is still pursuing the security by obscurity model - and its not working out well.

    1. Re:Lessons by ackthpt · · Score: 1

      Looks like Microsoft is still pursuing the security by obscurity model - and its not working out well.

      I sat a .net security session at a developers conference. After 45 minutes of taking notes, the presenter hadn't repeated himself and as I realized that I put down my pen - this is why I don't develop in .net, except as stand-alone desktop apps.

      --

      A feeling of having made the same mistake before: Deja Foobar
  5. Ah, by AdamJS · · Score: 1

    You mean the Windows Server model of security. :)

    1. Re:Ah, by djdanlib · · Score: 1

      That's a wild and crazy accusation. I don't even know what you're talking about.

      BRB, searching forums to find the syntax of some undocumented combination of methods I need to call via PowerShell 2 to fix an issue I'm having with cluster shared volumes...

  6. the thought plickens by SoupGuru · · Score: 4, Interesting

    I might go out and buy another Nook to reward these guys for what they're doing.

    --
    What doesn't kill you only delays the inevitable
    1. Re:the thought plickens by bberens · · Score: 4, Interesting

      Don't buy a Nook, they don't have much profit in those.. just buy a bunch of ebooks, that's where the money is.

      --
      Check out my lame java blog at www.javachopshop.com
    2. Re:the thought plickens by 3x3eyes · · Score: 1

      I'll go buy some books from their bricks-and-mortor stores and probably get a cup of coffee with it.

    3. Re:the thought plickens by Nerdfest · · Score: 1

      I'm almost at the point of just sending them money for this move. I consider what Microsoft has been doing a criminal act.

  7. Good for B&N by thomas.galvin · · Score: 5, Funny

    First, B&N chooses an open format, ePub, for the Nook.

    Second, they make the Nook easily rootable.

    Third, they tell Microsoft to go fuck themselves.

    I'm feeling better and better about choosing Nook over Kindle every day.

    1. Re:Good for B&N by Anonymous Coward · · Score: 0

      First, B&N chooses an open format, ePub, for the Nook.

      It may be an open format, but it's still wrapped in DRM if you get it through their store.

    2. Re:Good for B&N by sconeu · · Score: 2

      Doubt it. B&N got on the Internet bandwagon early, with a decent strategy.

      Borders botched their initial online presence (I think they either went through Amazon(!) or Target), and never really recovered.

      B&N has both internet dead tree sales, as well as their brick&mortar. They're not dying anytime soon.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    3. Re:Good for B&N by Daetrin · · Score: 4, Insightful

      Why do you say that? Are your privy to some financial information that the rest of us are unaware of? While Borders was busy paying Amazon to run their online store for them Barnes & Noble was building up their own online presence. And rather than depending on just physical books they jumped into the eBook business and have been marketing their own reader. Certainly all businesses can fail, but unlike a lot of their competitors B&N has actually been working at keeping up with the times.

      --
      This Space Intentionally Left Blank
    4. Re:Good for B&N by Anonymous Coward · · Score: 1

      That's only if the person uploading the document chooses to use the drm. It's not required, and is completely optional.

    5. Re:Good for B&N by Anonymous Coward · · Score: 1

      surely you mean they told MS to go "Nook" themselves? :)

    6. Re:Good for B&N by Anonymous Coward · · Score: 0

      Agreed. Bought a first gen Kindle when they first came out-wonderful device. But the lack of a decent PDF reader and no support for ePub documents prevent me from using the Kindle for tech work. This action with Microsoft solidifies my decision to get the Nook (& associated ebooks).

    7. Re:Good for B&N by Anne+Thwacks · · Score: 1
      B&N got on the Internet bandwagon early, with a decent strategy.

      Yes ... as I recall, for a while, whatever you searched for, the answer was always "Barnes and Noble" or "Alamo Car Rentals", neither of which had a presence where I was!

      --
      Sent from my ASR33 using ASCII
    8. Re:Good for B&N by Anonymous Coward · · Score: 0

      It's a good thing you're not a market player. You obviously haven't been keeping up with the news that B&N is losing money and has been reviewing an offer from Liberty Media.
       
      Oh well, the insightful post got modded down and someone who doesn't know their ass from a hole in the ground is being read by the clueless. That's always been the Slashdot way.

    9. Re:Good for B&N by Anonymous Coward · · Score: 0

      On the other hand, I am getting more and more pissed off at Nokia. Making a deal with Microsoft and hoping to sell more phones, that I understand... but becoming their bitch? Microsoft can fight its own battles, Nokia. Especially if their battles are fucking retarded to begin with.

    10. Re:Good for B&N by Anonymous Coward · · Score: 0

      How to dispose of a dead body----->Alamo Car Rentals!

    11. Re:Good for B&N by AtomicAdam · · Score: 1

      First, B&N chooses an open format, ePub, for the Nook.

      Second, they make the Nook easily rootable.

      Third, they tell Microsoft to go fuck themselves.

      I'm feeling better and better about choosing Nook over Kindle every day.

      best comment ever. Seriously considering a nook for a Christmas now.

    12. Re:Good for B&N by thomas.galvin · · Score: 2

      The DRM is optional; specified by the publisher.

      And I've heard rumors that this DRM is easily removed by a couple of easy-to-find scripts...

    13. Re:Good for B&N by thomas.galvin · · Score: 1

      It's a great little gadget. Totally changed how I read.

    14. Re:Good for B&N by Anonymous Coward · · Score: 0

      You forgot one:

      First-point-five: they choose Adobe Digital Editions to apply DRM to the "open" book format.

    15. Re:Good for B&N by Anonymous Coward · · Score: 0

      Probably because he has a memory that's longer than that of a goldfish?

      Barnes and Noble has been circling the drain for years now. Their stores constantly lose money, their stock price is in the toilet (Amazon: $212/share, B&N: $11/share as of now), their ebook selection is horrible, their website is horrible (the only person I know with a Nook uses Amazon.com to find books, and then goes to see if B&N has them - usually they don't), and just about any comparison between the Nook and Kindle comes out in favor of the Kindle.

      Pull your head out of the sand. Barnes and Noble is circling the drain and have been for ages. Just about everything they do today loses them money - their stores, their website, and their ereader. These are well know facts. Look them up.

    16. Re:Good for B&N by Daetrin · · Score: 1
      I'd lend more credence to your claims if so many parts of your argument weren't... completely wrong.

      Their stores constantly lose money [...] Just about everything they do today loses them money - their stores, their website, and their ereader. These are well know facts. Look them up.

      I'm confused, if everything they do loses money, how did they post over $30 million in profits last year? (psst, it's a fact, i just looked it up.)

      just about any comparison between the Nook and Kindle comes out in favor of the Kindle.

      Funny, that's not what i heard. It's also not what my girlfriend decided either after comparing the Kindle and Nook on her own. And although i made sure not to influence her before the purchase i was quite happy she made the choice she did since the Nook deal nicely with a lot more formats than the Kindle, making it easier to transfer books to the device.

      --
      This Space Intentionally Left Blank
    17. Re:Good for B&N by Anonymous Coward · · Score: 0

      I'm confused, if everything they do loses money, how did they post over $30 million in profits last year? (psst, it's a fact, i just looked it up.)

      By closing a shitload of stores, and calling the savings "profits." It's really easy to make "profits" by simply cutting expenses... briefly. Of course, it's not exactly sustainable, and intelligent investors aren't fooled.

      Funny, that's not what i heard.

      You really should read your own links. Here are some quotes:

      The new Nook is barely better than the Kindle.

      So said Consumer Reports on Friday, marking the first time the esteemed product-review group has given Barnes & Noble's e-reader higher marks than its competitor from Amazon.

      So, basically, YOUR OWN LINK says that the Kindle is better than the Nook, except for this ONE model. But wait, there's more!

      That's more than the Nook Color, released about a half-year ago, could muster. (Amazon does not offer a color Kindle -- at least not yet).

      And now they do.

      One of the things that earned the Nook extra points is a program that lets users check out e-books from libraries for free.

      Amazon has announced it will add a library program later this year. The review also said future Kindle firmware updates could give it a boost.

      Oh, hey, and that came to pass too.

      So basically, the review YOU linked to says "one model of the Nook is better than the Kindle for right now, but that won't last as Amazon already has improvements in the works." Which was posted four months ago.

      Guess what? It didn't last.

    18. Re:Good for B&N by Daetrin · · Score: 1

      Yes, i read the link. The Nook didn't used to be as good as the Kindle, but now it's better, and you think that's a _bad_ thing? Consumer reports _still_ rates the most recent eInk Nook higher than the most recent eInk Kindle. In fact i'm not sure what caused the change, but the article is indeed out of date and the Nook is now rated two points higher than the nearest Kindle instead of one. Whatever changes Amazon has made since the CNN article was posted haven't been enough.

      Amazon does indeed have a color tablet coming out, and B&N has an even better tablet coming out, so Amazon remains a step behind in that area. The Nook Color got rave reviews from those willing to take the trouble to root it (which actually just consists of putting new firmware on an SD card) not to mention selling well in general, and the new version looks even more promising. Meanwhile the Kindle Fire has been getting mixed reviews.

      We could argue the fine points back and forth forever, but it's clear that the various versions of the Nook are competitive with the various versions of the Kindle, and there are a lot of people who actually prefer the Nook.

      As i said before, your basic position isn't untenable, you just keeping making exaggerated arguments that aren't supported by the facts.

      --
      This Space Intentionally Left Blank
  8. The MS TAX..... by Odie_flocon · · Score: 5, Insightful

    This is the only way Microsoft can make any money on OPEN SOURCE. and of course the best kind of money made is from someone else.

    1. Re:The MS TAX..... by ackthpt · · Score: 3

      This is the only way Microsoft can make any money on OPEN SOURCE.
      and of course the best kind of money made is from someone else.

      Microsoft isn't so much an innovator as a parasite. Rather like in that Cloverfield film. Here it suddenly is, it all its glory, exposed.

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:The MS TAX..... by SuperTechnoNerd · · Score: 1

      And all of their devices simply suck. They have no chance in hell to be a leader in this area or even 2nd place, so:
      Those who can, do. Those who can't, sue. And threaten, And sling FUD, And blackmail.
      Way to go B&N!

    3. Re:The MS TAX..... by bluefoxlucid · · Score: 1

      Rather like in that Cloverfield film. Here it suddenly is, it all its glory, exposed.

      DAY OF LAVOS

  9. Maybe unfounded... by Anonymous Coward · · Score: 5, Interesting

    But I suddenly feel scared for Barnes and Noble. They are a relatively small company daring to take a stance against a mammoth. I really, really hope they don't get crushed. :(

    1. Re:Maybe unfounded... by Anonymous Coward · · Score: 1

      You know Google will stand behind them, and you've seen how they love to hammer bad patents into tiny bits (especially while the owner holds them) with a 50 ton sledge.

    2. Re:Maybe unfounded... by bluefoxlucid · · Score: 2

      They're learning from IBM. IBM doesn't want a bunch of little shits nibbling at them all the time, tossing settlement money and watching them swarm like seagulls. They DESTROY you for that shit, then everyone else hides under a rock and leaves them alone.

    3. Re:Maybe unfounded... by DragonWriter · · Score: 1

      But I suddenly feel scared for Barnes and Noble. They are a relatively small company daring to take a stance against a mammoth. I really, really hope they don't get crushed. :(

      Hey, they are company that's up for sale, and now Microsoft has a reason to want to have influence with whoever buys them (to make B&N's rather offensive defense go away), and Google has a reason to have influence with whoever buys them (to make sure it doesn't.)

      That can't hurt too much.

    4. Re:Maybe unfounded... by Anonymous Coward · · Score: 0

      http://www.nytimes.com/2001/11/26/business/barnes-noble-will-try-to-squeeze-better-deals-from-publishers.html?pagewanted=all

      Deals by publishers and booksellers are among the most contentious issues in the industry. For the last decade, independent bookstores have filed a series of antitrust lawsuits against publishers and the national chains Barnes & Noble and Borders arguing that the chains shake down publishers for unfair deals that are not made available to small stores. The independents' continuing litigation kept both publishers and the national chains on tiptoe in their price talks. In April, however, Barnes & Noble and Borders reached a favorable settlement to end the independents' most recent suit, and now both publishers and booksellers have returned to the bargaining table with renewed determination. Mr. Riggio told the analysts on the conference call that he hoped for better terms next year, with more news in January.

    5. Re:Maybe unfounded... by jonwil · · Score: 1

      I am more interested in seeing how the Motorola-Microsoft fight goes, Motorola is a big player in Android (especially on Verizon in the USA) and they have a long history of genuine innovation in the mobile space (having invented or contributed to many technologies in mobile phones and radio communications) and are totally uninterested in Windows Mobile. Plus they have refused to negotiate with Microsoft or give in to Microsoft's demands and instead are going to court.

    6. Re:Maybe unfounded... by Anonymous Coward · · Score: 0

      It does seem crazy. 1 Bn market cap corp vs a 200 Bn mega-corp. I hope they know what they're doing. I does make for great marketing, though. Might get them a ton of positive 'David takes on Goliath' press.

    7. Re:Maybe unfounded... by gtall · · Score: 1

      ...going to court. So, we should have a resolution to this issue about 10 years from now, long after it ceases to be relevant.

  10. Unfortunately by gtirloni · · Score: 2

    ... this whole patent mess will indeed require a martir that will set itself on fire to show how absurd it all is. The patents M$ is trying to enforce are stupid, as anyone with 1% of the brain still active can recognize. It's sad.

    --
    none
    1. Re:Unfortunately by AdamWill · · Score: 3, Insightful

      "Hey, a notification icon might be a neat idea" is a valid patent in your universe? Really?

    2. Re:Unfortunately by Anonymous Coward · · Score: 0

      6,339,780: Placing a loading status icon in the content viewing area of a browser.

    3. Re:Unfortunately by oakgrove · · Score: 5, Insightful

      recognize that they are valid patents that are being infringed on.

      Yeah, and those 99 percenters also realize that there are reams of prior art and these patents are pure junk. I'd "infringe" a patent too if it was pure crap that had no right being granted in the first place. These "innovations" are not the property of MS. They were ideas thought of long before MS decided to rape the system by getting them attached to a piece of paper.

      --
      The soylentnews experiment has been a dismal failure.
    4. Re:Unfortunately by gl4ss · · Score: 1

      yeahhh.... except the people with 99% of an active brain recognize that they are valid patents that are being infringed on.

      whats sad is that the /. massive is so obsessed with being emotional about computers that it has compromised your ability to analyze data and arrive at a logical conclusion. slashdotter has become synonymous with internet-nutter.

      if you're rational about computers for 10 seconds, you'll realize that the patents are bogus shit.

      "placing loading status icon in content area of browser" etc shit. system wide 'tabs'. what the fuck. they could have at least tried to pretend they got some soft-radio driver patents or something like that. but this is just ridiculous shit. I guess they took that loading icon patent because netscape had the netscape loading icon(did they patent that??).

      fact is, they could use these patents to sue beos and any random toy os too.

      --
      world was created 5 seconds before this post as it is.
    5. Re:Unfortunately by Anne+Thwacks · · Score: 1

      Its a typo: he meant 9%

      --
      Sent from my ASR33 using ASCII
    6. Re:Unfortunately by Anonymous Coward · · Score: 0

      way to swing from everyone elses nuts, lackey

  11. Up in the sky .. it's a bird .. it's a plane .. by ackthpt · · Score: 4, Funny

    It's like my new super hero is kicking arse and taking names and has a big B&N crest in his chest.

    Well played, Barnes and Noble!

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Up in the sky .. it's a bird .. it's a plane .. by dotancohen · · Score: 1

      It's like my new super hero is kicking arse and taking names and has a big B&N crest in his chest.

      Well played, Barnes and Noble!

      We can only hope for this:
      http://www.smbc-comics.com/index.php?db=comics&id=2404#comic

      --
      It is dangerous to be right when the government is wrong.
    2. Re:Up in the sky .. it's a bird .. it's a plane .. by Nerdfest · · Score: 1

      Remember B&N when you buy Christmas presents this year.

    3. Re:Up in the sky .. it's a bird .. it's a plane .. by bigrockpeltr · · Score: 1

      Its time to kick ass and read my nook.... but im all out of books

      --
      $ unzip, strip, touch, finger, grep, mount, fsck, more, yes,fsck,fsck,fsck,umount, sleep
  12. Microsoft can't compete in the market... by QuietLagoon · · Score: 5, Insightful
    Microsoft is unable to compete in the mobile marketplace, so Microsoft turns to the courts and blackmail in order to obtain Windows Mobile market share.

    .
    Those who can compete, do; those who can't, litigate.

    1. Re:Microsoft can't compete in the market... by LWATCDR · · Score: 4, Interesting

      This seems like a really foolish thing for a convicted monopoly to do. I could see a clear case being made that Microsoft is leveraging their postion in the PC market to dominate in the mobile phone market. That and the NDAs alone should really get the justice department hopping mad. Well that and an election and the fact that Google is more loved than Microsoft and people are in a "mega corps bad" mood these days and an election is coming.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:Microsoft can't compete in the market... by Anonymous Coward · · Score: 0

      those who cant, rush to slashdot to bitch about microsoft.

    3. Re:Microsoft can't compete in the market... by bonch · · Score: 1, Troll

      Well, Google couldn't compete in the mobile marketplace either, so they decided to give a product away for free, funded by their monopoly search profits, just as Microsoft once did with Internet Explorer when it couldn't compete with Netscape. It wouldn't surprise me to get modbombed into oblivion for posting this on Slashdot (it happens), but it's the reality of the situation.

      Google memos show that they were aware of Android's patent issues and chose to ignore them. I know Slashdot thinks all patents are evil (along with copyrights, commercial software, paying for music, etc.), but there are legitimate patents, and companies do deserve compensation for their research and development. I'm sure the many amateur patent lawyers that visit Slashdot will tear apart these patents with their expert analysis.

    4. Re:Microsoft can't compete in the market... by bonch · · Score: 1, Troll

      This seems like a really foolish thing for a convicted monopoly to do. I could see a clear case being made that Microsoft is leveraging their postion in the PC market to dominate in the mobile phone market.

      As opposed to a leveraging a monopoly position in web search to dominate the mobile phone market by giving away a free product that competitors can't afford to compete with on price? This situation seems familiar...

    5. Re:Microsoft can't compete in the market... by oakgrove · · Score: 2, Informative

      So they're bundling an "Android OS" with every search result now? Because that's the only way it would be similar to MS and the Winternetexplorerows fiasco Oh, they aren't? You're trolling? Thought so.

      --
      The soylentnews experiment has been a dismal failure.
    6. Re:Microsoft can't compete in the market... by Anonymous Coward · · Score: 0

      No. If Microsoft wanted to act like Google, they would give away their OS for free, and leave the others alone. I don't think anyone would be opposed to that. I don't even think most Slashdotters are opposed to giving away IE for free, I mean, how else are you going to download Firefox on a Windows machine? But I should stop feeding the troll.

    7. Re:Microsoft can't compete in the market... by king+neckbeard · · Score: 1

      Competitors can totally compete on price. They can actually use much of the Android codebase, and the licensing costs of the OS are rather minor. Also, I don't see how they are leveraging their search market here. They will let other OS's use Google, and I'm pretty sure it's not hard to use non-Google search on Android.

      --
      This is my signature. There are many like it, but this one is mine.
    8. Re:Microsoft can't compete in the market... by PaladinAlpha · · Score: 1

      The memos you are referencing (concerning a discussion of whether a Java license would be necessary for Dalvik) had nothing to do with patents -- Java licensing is a copyright matter, and it is Google's legal opinion that their cleanroom implementation releases them from the necessity of licensing. Until the case is concluded a definitive statement cannot be made on this.

      Oh, and re: your sig: "the proof that Samsung is copying Apple is that they both come in a box that's not bigger than necessary, and both have apps that show a picture of a microphone when you speak into your phone like a microphone." Truly damning evidence, that. The plug is interesting, but then Samsung has to make Apple's hardware for them, so it's not surprising. God forbid a plug be as small as possible.

    9. Re:Microsoft can't compete in the market... by ackthpt · · Score: 1

      This seems like a really foolish thing for a convicted monopoly to do. I could see a clear case being made that Microsoft is leveraging their postion in the PC market to dominate in the mobile phone market. That and the NDAs alone should really get the justice department hopping mad. Well that and an election and the fact that Google is more loved than Microsoft and people are in a "mega corps bad" mood these days and an election is coming.

      Business friendly Bush administration let Microsoft out of the noose. But then Judge Thomas Penfield Jackson spoke when he should have kept his trap shut, exposing a whiff of perceived bias, helped them no end when his Break-Up-Microsoft plan was thrown out.

      The Bush administration, loading of courts helped some large companies get away with near murder, also failed to investigate throroughly or prosecute when it should have.

      Even if Microsoft's claims are weakened or thrown out, be aware the party of the President can still help them.

      --

      A feeling of having made the same mistake before: Deja Foobar
    10. Re:Microsoft can't compete in the market... by bluefoxlucid · · Score: 2

      You don't have to load Google tools on an Android phone--in fact, Google gets mad if you get vanilla Android and try to put Google tools on it, or redistribute Google tools. Google tools are an optional part of Android, which the phone distributors elect to install. In fact, Android has no dependence on anything--it's possible to get Android, sans Google, sans Market, and load Amazon Marketplace on it (or any other APKs). This of course requires your phone/tablet supplier to allow that--note that Market isn't on the Nook...

    11. Re:Microsoft can't compete in the market... by atlasdropperofworlds · · Score: 1

      Much like Apple I guess...

    12. Re:Microsoft can't compete in the market... by bluefoxlucid · · Score: 1

      There is the issue that there may be 263 patents, one being a silver bullet and the rest trash. Personally I think if you raise hell with bogus patents to try to avoid using your silver bullet (i.e. it's easy to get around, whereas avoiding 263 patents is like walking through a minefield...), you deserve to have your claims DENIED. FOREVER. Too much bullshit in the pile you submitted, so we are going to just assume the whole lot is invalid and invalidate it; if you can show that some are valid, good for you, but we no longer care because you played dirty and YOU LOST.

    13. Re:Microsoft can't compete in the market... by St.Creed · · Score: 1

      So how is giving away Android locking everyone into using Google? If I use Android, is it impossible to use Bing? Does it crash? Any other sites that suddenly don't work? Are they going to charge me for Android next year?

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    14. Re:Microsoft can't compete in the market... by Missing.Matter · · Score: 1

      Actually makes sense.... Q32010 Windows phone 7 wasn't even released. Q32011 most people interested in WP7 are probably waiting for Mango to be released. The new mango handsets aren't even available on AT&T and Verizon yet.

    15. Re:Microsoft can't compete in the market... by CheapEngineer · · Score: 1

      I may be mistaken, but Google's "search monopoly" doesn't exist. A monopoly means not only you dominate in a field, but you purposely exclude others. No PC or smartphone or tablet ships with Google search only. When you buy your computer, there is no "google tax" that you can't remove from the price of your PC. I can *easily* on any device I own use whatever search engine I please whenever I want. You can rant all you want about Google and their nefarious plot to subjugate the world, but they are coming by that power by us giving it to them, not back-door licensing deals that force your device to use Google and only Google. Google is nothing like Microsoft, and your attempt to frame this in a "Both sides are bad, so vote Republican" manner is disingenuous and frankly rather pointless. \veteran of the Microsoft F***ed Me wars \\OS/2 2.x beta tester

    16. Re:Microsoft can't compete in the market... by Anonymous Coward · · Score: 0

      Or at least that would be the situation in a sane world. Unfortunately history tells us that Microsoft have an uncanny ability to get away with murder, over and over again thanks to their political influence.

      As for being arrogant to the point of foolishness, well we're talking about Microsoft here. A zebra is still a zebra, no matter how many times you wash it, and they have certainly never been known for their humbleness, nor being in touch with reality. The scary part is how often they manage to twist reality to fit their psychosis.

    17. Re:Microsoft can't compete in the market... by Anonymous Coward · · Score: 0

      Maybe if all else was equal to when they got slapped on the wrist the first time. However, they've been spending years shovelling money around DC and getting some of their insiders into key positions. Don't expect them to catch more than a finger-waggling tisk-tisk from this.

    18. Re:Microsoft can't compete in the market... by steelfood · · Score: 1

      really get the justice department hopping mad.

      Yeah, they're pissed that someone punched a big American business in the nuts. I wouldn't be surprised if B&N suddenly comes under the anti-trust radar for being the only remaining major brick and mortar bookseller out there.

      If Apple's gotten away with their iOS arbitrary walled garden for so long (they should've been investigated years ago), I can't imagine the government not similarly favoring Microsoft.

      Why are these two companies different than Barnes and Nobles? Those two are major global players on their way up, while B&N is a dinosaur barely scratching its way out of extinction. Or at least, that's how the recent "hip" and "trendy" administration(s) sees it anyway.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    19. Re:Microsoft can't compete in the market... by stephanruby · · Score: 1

      I'm sure the many amateur patent lawyers that visit Slashdot will tear apart these patents with their expert analysis.

      Why not? A non-lawyer essentially killed the Amazon one-click patent, while many other thousands of lawyers didn't.

      Google memos show that they were aware of Android's patent issues and chose to ignore them.

      Did you take an actual look at the patents in question? I know it's normal on Slashdot to comment on an article without going any further, but come on !

    20. Re:Microsoft can't compete in the market... by yuhong · · Score: 1

      To make things worse, some of the patents asserted are necessary for interoperablity with Windows in the first place! Guess which ones I refer to?

    21. Re:Microsoft can't compete in the market... by Anthony+Mouse · · Score: 2

      You don't understand. You see, if people use Android then they aren't using WP7. Which means that Microsoft can't weld Bing into the rafters the way they did with Windows and Internet Explorer. And how is Microsoft supposed to get a monopoly on web search if they can't leverage their operating system monopoly?

      Allowing people to have a choice of search engines is clearly anti-competitive because people will choose Google over Bing. I mean how is Microsoft supposed to compete when nobody likes their products?

    22. Re:Microsoft can't compete in the market... by Anthony+Mouse · · Score: 1

      Well, Google couldn't compete in the mobile marketplace either, so they decided to give a product away for free, funded by their monopoly search profits, just as Microsoft once did with Internet Explorer when it couldn't compete with Netscape.

      When has Google ever tried to sell a product in the "mobile marketplace"? Android has been free as long as Google has had it. And it is free for the same reasons that Ubuntu is free. Pray tell, what monopoly has Canonical used to fund Ubuntu? Perhaps RedHat is a monopolist as well? Or is it possible that zero cost software distribution is part of a well-known business model used by a variety of major industry players that has nothing to do with monopoly abuse?

    23. Re:Microsoft can't compete in the market... by DragonWriter · · Score: 1

      This seems like a really foolish thing for a convicted monopoly to do.

      They were convicted not only of having a monopoly (which isn't, by itself, an offense) but of leveraging it improperly to extend market power to other markets, and when convicted got to keep their ill-gotten gains, and got a slap on the wrist and time-limited monitoring.

      While antisocial, it seems perfectly rational, rather than "really foolish", for them to return to the same behavior again, when its been shown to be, on balance, profitable for them to do so, even when weighing in the cost of the resulting litigation and the punishment when convicted.

    24. Re:Microsoft can't compete in the market... by NotSanguine · · Score: 1

      This seems like a really foolish thing for a convicted monopoly to do. I could see a clear case being made that Microsoft is leveraging their postion in the PC market to dominate in the mobile phone market.

      As opposed to a leveraging a monopoly position in web search to dominate the mobile phone market by giving away a free product that competitors can't afford to compete with on price? This situation seems familiar...

      I'd just point out that Microsoft (or Nokia or Apple, for that matter) can license Android for free and compete with the other Android phone makers. How is that leveraging a monopoly position? "Hey, let's dominate the market by giving away GPL'd software and licensing the non GPL'd code for free!" Please.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
    25. Re:Microsoft can't compete in the market... by Lorien_the_first_one · · Score: 1

      Compensation for R&D? That's called First Mover Advantage.

      --
      The diversity and expression of human opinion is essential to human survival.
    26. Re:Microsoft can't compete in the market... by Anonymous Coward · · Score: 0

      How the heck does blatant lies by a clearly known shill get upvoted?
      Google memos don't show anything of that kind. How about you provide a source or get the fuck off you butt hurt shill?

    27. Re:Microsoft can't compete in the market... by LWATCDR · · Score: 1

      Yea and Clinton signed the DMCA and President Obama allowed the Comcast NBC merger.... Stop being partisan.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    28. Re:Microsoft can't compete in the market... by picoboy · · Score: 1

      I know Slashdot thinks all patents are evil (along with copyrights, commercial software, paying for music, etc.), but there are legitimate patents, and companies do deserve compensation for their research and development.

      No, you missed the point. Read the Groklaw article that is referenced by TFA.

      "If, as Barnes & Noble claims, Microsoft and its allies are using them (the patents) primarily as a legal instrument, it can take the matter into the area where patent law and antitrust law meet." ...and all the text that follows.

      This is no longer about Microsoft defending its patents, legitimate or not. This is now an antitrust case in which MIcrosoft is accused of overreaching the domain of its patents in an attempt to illegitimately control a parallel market.

    29. Re:Microsoft can't compete in the market... by Anonymous Coward · · Score: 0

      You clearly don't understand the word "monopoly", nor do you seem to have any understanding of the current search market space.
      I'm not doing your googling or binging for you - pull your own weight. Check out the numbers. Read a dictionary entry.
      Insightful ? Pure troll...

    30. Re:Microsoft can't compete in the market... by gtall · · Score: 1

      Sheesh, what are you, two years old, Google for Nexus One. Here's a hint, copy and paste this link in your web browser (that means copy and paste it into the text field usually at the top of your browser where you usually see URLs...oh forget it, just type the following into that text box): http://en.wikipedia.org/wiki/Nexus_One

    31. Re:Microsoft can't compete in the market... by Anthony+Mouse · · Score: 1

      That's a phone that runs Android. It was manufactured by HTC. It can't have failed in the market prior to Google giving away Android for free, because it runs the same Android they were already giving away for free.

    32. Re:Microsoft can't compete in the market... by sabt-pestnu · · Score: 1

      If only I had mod points...

      +1 "closer to source information"

  13. Andrew Ryan said it best by Anonymous Coward · · Score: 5, Insightful

    What is the difference between a man and a parasite? A man builds. A parasite asks "Where is my share?"

    1. Re:Andrew Ryan said it best by Anonymous Coward · · Score: 1

      Or put another way, it's the same as what Ayn Rand called looters.

    2. Re:Andrew Ryan said it best by Pope · · Score: 5, Funny

      Whoa whoa whoa.

      Ayn Rand.

      Andrew Ryan.

      Dude, you just blew my mind.

      --
      It doesn't mean much now, it's built for the future.
    3. Re:Andrew Ryan said it best by Baloroth · · Score: 4, Funny

      Stupid parasites. They should ask "Would you kindly give me my share?" Helps to be polite.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    4. Re:Andrew Ryan said it best by Anonymous Coward · · Score: 0

      Atlas... Atlas Shrugged?

      Oh. My. God.

      I had no idea.

    5. Re:Andrew Ryan said it best by Anonymous Coward · · Score: 2, Funny

      Occupy large intestine!

    6. Re:Andrew Ryan said it best by quacking+duck · · Score: 1

      Actually, a parasite takes without asking, and without providing anything in return.

      Asking or even demanding "where's my share" (they don't outright take it, they try to make you give it away) is the act of either a socialist with an entitlement complex, or extortionist middlemen like the RIAA and MPAA.

    7. Re:Andrew Ryan said it best by Zaphod+The+42nd · · Score: 1

      He's quoting bioshock.

      --
      GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    8. Re:Andrew Ryan said it best by Anonymous Coward · · Score: 0

      That's a strange way to spell Ayn Rand.

    9. Re:Andrew Ryan said it best by Anonymous Coward · · Score: 0, Insightful

      Bingo. This. A Thousand times this. This is exactly why I belong to a union. *We* do the work, and the fucking leeches in the "executive" suite do nothing but vote to give themselves raises 5 times a year.

    10. Re:Andrew Ryan said it best by quacking+duck · · Score: 1

      Ah. Thanks. I'll have to turn in my geek card...

    11. Re:Andrew Ryan said it best by Cederic · · Score: 1

      the fucking leeches in the "executive" suite do nothing but vote to give themselves raises 5 times a year

      Well why do you vote for them to run the union then?

    12. Re:Andrew Ryan said it best by Raenex · · Score: 1

      :)

  14. Barnes and noble. We love you by Anonymous Coward · · Score: 0

    Perhaps we can get the Queen to give the leader of Barnes and Noble a knighthood? Hell! Throw in a peace prize as well.

  15. Wooow, just Woooow by Riceballsan · · Score: 5, Interesting
    For those who don't RTFA this is frickin ridiculous, here's Microsoft patents that they are racking in the dough from phone carriers over.

    1. Loading icon in the content window of a browser

    2. Compatibility of file names with current and outmoded operating systems

    3. Storing input/output in a shared file system

    4. Simulating mouse inputs on a device without a mouse

    5. A browser that recognizes background images and displays them after the text is loaded

    6. Using handles to change the size of selected text

    1. Re:Wooow, just Woooow by future+assassin · · Score: 1

      Isn't #5 part of how all browsers work when you specify with and height for your images in html?

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    2. Re:Wooow, just Woooow by should_be_linear · · Score: 1

      And not to forget, gray rectangle.

      --
      839*929
    3. Re:Wooow, just Woooow by Daetrin · · Score: 2

      Don't get me wrong, i love Android, but i'm pretty sure they're not in violation of #5. Not given the number of times i've had to sit there waiting while pretty much everything in the page has been loaded _except_ for the main text =P

      --
      This Space Intentionally Left Blank
    4. Re:Wooow, just Woooow by oakgrove · · Score: 4, Informative

      Not only is that how it works but Netscape 2 had this functionality described in its release notes before MS even applied for this junk patent. Ridiculous. I hope MS gets tarred and feathered good!

      --
      The soylentnews experiment has been a dismal failure.
    5. Re:Wooow, just Woooow by gl4ss · · Score: 1

      it's highly probable that the other manufacturers didn't care about these patents being so ridiculous.

      you know why? they're not really paying. they get subs in wp licenses.
      (apparently, I got no source or proof of course!)

      --
      world was created 5 seconds before this post as it is.
    6. Re:Wooow, just Woooow by Anonymous Coward · · Score: 1

      Each of these patents is obvious to any practitioner of the art. I don't see how they could ever hold up. But it will slow Android manufacturers as they have to litigate all of this instead of coming up with new features. That seems to be Microsoft's intent.

      From: http://not-that-sane.blogspot.com/2011/11/patent-madness_15.html (the blog post has images illustrating these) :

      1. placing a loading status icon in the browser.
      Really? This is novel? Here's somebody demonstrating a framework for doing this for Ajax-web applications:

      2. browser that recognizes background images and loads them after text.
      Images loading after text has been a feature of pretty much every browser since the original Netscape.

      3. Tab controls for use by all applications instead of application-by-application.
      This has been a feature of Macs since forever.

      4. Using handles to change text size.
      This is standard functionality in any text reader. I think even emacs used to have it.

      5. storing and annotating text that is not modifiable
      Again, pretty standard functionality in most readers. Even Ghostscript used to have this.

    7. Re:Wooow, just Woooow by Anonymous Coward · · Score: 0

      Those aren't background images, those are inline images.

      This patent is about images in the background, and prioritizing the text over waiting for the massive background image that the text is displayed over top of loads.

    8. Re:Wooow, just Woooow by Sir_Sri · · Score: 1

      That's pretty much the trick. Microsoft is saying 'make a windows version too and you can get in cheap'. Which isn't necessarily a bad plan, they don't want this to look like it's purely a MS-Nokia show (although that's a pretty formidable combination).

    9. Re:Wooow, just Woooow by Anonymous Coward · · Score: 2, Informative

      Simulating mouse inputs on a device without a mouse .. My old Atari ST had that for its GEM desktop -- hold down CTRL + arrow keys and insert/delete for right/left click. Sheesh.

    10. Re:Wooow, just Woooow by apcullen · · Score: 1

      how are ANY of these ideas novel enough to be awarded patents?

    11. Re:Wooow, just Woooow by gtall · · Score: 1

      So in effect, MS is using the same strong arm tactics they agreed no longer to continue after the DoJ case, they just now call it a patent settlement.

    12. Re:Wooow, just Woooow by future+assassin · · Score: 1

      I'm sure loading the background image last could be done with CSS.

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    13. Re:Wooow, just Woooow by Anonymous Coward · · Score: 0

      On 3, Seems potentially similar to TWM, released in the 80s.
      On 4, I'm not sure about emacs, but Ventura Publishing definitely let you do this back in the 80s or early 90s.
      On 5, I'm pretty sure that Wordperfect had annotation capabilities prior to the 1999 filing date.

    14. Re:Wooow, just Woooow by Bill_the_Engineer · · Score: 1

      Wasn't #2 used against TomTom several years ago?

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    15. Re:Wooow, just Woooow by Anonymous Coward · · Score: 0

      I hope MS gets tarred and feathered good!

      That's good and all but major fines and breaking up the company might be a better penalty... I like how you're thinking, however.

  16. Summary of violated patents by agent_vee · · Score: 1

    Placing a loading status icon in the content viewing area of a browser.

    Compatibility of file names employed by current and outmoded operating systems.

    Storing input/output factors in a shared data structure.

    Simulating mouse inputs using non-mouse devices. (Really????)

    Browser that recognizes background images in an electronic document and displays the background images after text.

    Putting known tab controls into an operating system for use by all applications, rather than providing tabs on an application-by-application basis.

    Using handles to change the size of selection areas for selected text.

    Storing and displaying annotations of text which is not modifiable.

  17. Good for them! by Scholasticus · · Score: 1

    I have a Nook. I mostly use it for reference stuff and for when I'm traveling (I generally prefer paper books, but well, the world changes). I like it, and I like Barnes & Noble. Now I'm really rooting for B&N. As a side note ... there was a thread a few days ago about "what's keeping you on Windows?" This is one of the reasons I don't use Windows. I know Windows 7 works well, probably better than any previous version. But I won't buy a product from a company that does stuff like this, i.e. abusing the patent system.

    1. Re:Good for them! by mcgrew · · Score: 1

      Well, I haven't bought a Microsoft product since XCP trashed Win 98 and I bought XP. But I bought a notebook with win 7; kinda hard to not buy a compuer without Windows unless you buy Apple. I'm not Microsoft's customer, Acer is, and there's little I can do about that.

      What mostly keeps me away from Microsoft is I don't like their programming philosophies, their "our way or the highway" attitude. I like the way Linux lets me do what I want, how I want to do it, so Linux will be on the notebook after I get the main box back in shape (just upgraded from Kubuntu 9 to 11.1 and am having a few issues; I think something went wrong with the install).

  18. The patents in question are - by Sooner+Boomer · · Score: 4, Funny

    6,339,780
    5,579,517
    5,652,913
    5,758,352
    6,791,536
    6,897,853
    6,339,780
    5,778,372
    5,889,522
    6,891,551
    6,957,233
    Saved you the trouble of RTFA.

    --
    Chaos maximizes locally around me.
    1. Re:The patents in question are - by synapse7 · · Score: 1

      I'm going to need you to summarize each patent now, mmkay..

    2. Re:The patents in question are - by Anonymous Coward · · Score: 5, Informative
      Patents identified prior to litigation
      • 6,339,780: placing a loading status icon in the content viewing area of a browser
      • 5,579,517: compatibility of file names employed by current and outmoded operating systems
      • 5,652,913: storing input/output access factors in a shared data structure
      • 5,758,352: compatibility of file names employed by current and outmoded operating systems
      • 6,791,536: simulating mouse inputs using non-mouse devices
      • 6,897,853: simulating mouse inputs using non-mouse devices

      Patents asserted in litigation

      • 6,339,780: placing a loading status icon in the content viewing area of a browser
      • 5,778,372: browser that recognises background images in an electronic document and displays the background images after text - i.e. duplicate display
      • 5,889,522: putting known tab controls into an operating system for use by all applications, rather then providing tabs on an application-by-application basis
      • 6,891,551: using handles to change the size selection areas for selected text
      • 6,957,233: storing and displaying of annotations of text which is not modifiable

      These are the descriptions from the image in TFA

    3. Re:The patents in question are - by Mojo66 · · Score: 4, Informative
      The patents seem to originate from the 90's, one explicitly mentions Windows 95. Here is what they have patented:

      1) While loading a web page, the browser displays a placeholder before an image has been completely downloaded

      2) When loading a web page, the browser prioritizes the download of images

      3) The OS supplies applications with a system-wide API (DLL in Microsoft speak) to display icons and keyboard shortcuts in application windows

      4) Annotating a read-only file by writing the annotations into a new file

      5) Putting handles on a selected text area to allow for editing

      I'm not surprised that B&N calls those patents trivial. By today's standards they certainly are. Not sure however what the situation was back in 1996. Given how late they were in the browser wars, I would be surprised if 1) and 2) wouldn't be prior art. 3) sounds like they patented to have Motif in the OS rather than just the display manager. I'm pretty sure that 4) is also prior art. And lacking an Android device, I have only seen 5) in iOS so far.

    4. Re:The patents in question are - by Wavesonics · · Score: 1

      I grabbed the patent descriptions and detail them all here: http://darkrockstudios.com/blog/2011/11/15/microsofts-patent-club/

    5. Re:The patents in question are - by hoxford · · Score: 0

      You forgot the descriptions.

      6,339,780 - Trivial something or other that would be obvious to any developer and is found many other places
      5,579,517 - Trivial something or other that would be obvious to any developer and is found many other places
      5,652,913 - Trivial something or other that would be obvious to any developer and is found many other places
      5,758,352 - Trivial something or other that would be obvious to any developer and is found many other places
      6,791,536 - Trivial something or other that would be obvious to any developer and is found many other places
      6,897,853 - Trivial something or other that would be obvious to any developer and is found many other places
      6,339,780 - Trivial something or other that would be obvious to any developer and is found many other places
      5,778,372 - Trivial something or other that would be obvious to any developer and is found many other places
      5,889,522 - Trivial something or other that would be obvious to any developer and is found many other places
      6,891,551 - Trivial something or other that would be obvious to any developer and is found many other places
      6,957,233 - Trivial something or other that would be obvious to any developer and is found many other places

      There, much more complete and informative.

    6. Re:The patents in question are - by Danny+Rathjens · · Score: 1

      I figured someone would do this. I just used my last mod point, but thanks. (ah, non-mouse device is a "stylus", I was wondering if linux's shift-numlock numpad mouse violated it, too)

    7. Re:The patents in question are - by Anonymous Coward · · Score: 0

      I see only a handful mentioned here.

      IIRC, earlier someone had intimated that there were something on the order of 257 "patents" that MS claimed were infringed by Linux.

      Wonderful compilation of Exhibit A for why the existing US software patent system needs modification.

    8. Re:The patents in question are - by Anonymous Coward · · Score: 0

      6,339,780
      5,579,517
      5,652,913
      5,758,352
      6,791,536
      6,897,853
      6,339,780
      5,778,372
      5,889,522
      6,891,551
      6,957,233
      Saved you the trouble of RTFA.

      Useless summary and a dupe, you gunning for a job as a Slashdot editor?

  19. Way to go B&N by thomasw_lrd · · Score: 0

    I'm so glad I've been buying all my books from them for the last couple of years. I might even have to buy a Nook to replace my Sony I got for christmas last year. This almost makes me feel like a kid at Christmas Time.

  20. Slashdot's new anti-Microsoft position by bonch · · Score: 0, Troll

    On the one hand, the tech industry is awash in patent trolls, companies that own generally spurious patents for technologies they didn't really invent, which exist solely to sue other companies into licensing said technologies. On the other, we have tech companies that have patents for technologies that they did, in fact, invent (or at least purchase legitimately) and, as important, use in actual products. These companies, too, must sue others to protect their patents, but for far more legitimate reasons.

    Google is upset about the latter kind of company, and it's citing two heavy-hitters, Apple and Microsoft, as example of companies that own patents and are using the legal system to prevent other companies from infringing on their protected technologies. More specifically, these companies are using their patents in a war against Google's Android OS, which is of course the dominant market leader. In poor Google's world, these companies are out for no good.

    But what's the argument here, exactly?

    According to a blog post that voices this complaint, and I'm using its exact wording here, "Android is on fire. More than 550,000 Android devices are activated every day, through a network of 39 manufacturers and 231 carriers."

    Oh. Great. So there's no cause for alarm, right? I mean, Android is already running roughshod over the rest of the mobile world, including industry darling Apple's iPhone. Right?

    Wrong.

    "Android's success has yielded ... a hostile, organized campaign against Android by Microsoft, Oracle, Apple and other companies, waged through bogus patents," Google Senior Vice President and Chief Legal Officer David Drummond writes in the post.

    Ah, bogus patents. I'm curious how that was determined. Let's read on. Surely, this will be explained. After all, it's an incredible charge to make publicly. There must be proof and some public explanation of why that word was used.

    "They're doing this by banding together to acquire Novell's old patents and Nortel's old patents (the 'Rockstar' group including Microsoft and Apple), to make sure Google didn't get them; seeking $15 licensing fees for every Android device; attempting to make it more expensive for phone manufacturers to license Android (which we provide free of charge) than Windows Phone 7; and even suing Barnes & Noble, HTC, Motorola, and Samsung. Patents were meant to encourage innovation, but lately they are being used as a weapon to stop it."

    Actually, using patents in this way is a legitimate business endeavor with no proof of "bogusness." But I am curious, if Google had in fact won these patents for itself, would that have made them "non-bogus"?

    I'm sure he'll explain the bogus comment. Let's keep reading.

    "A smartphone might involve as many as 250,000 (largely questionable) patent claims, and our competitors want to impose a 'tax' for these dubious patents that makes Android devices more expensive for consumers. They want to make it harder for manufacturers to sell Android devices. Instead of competing by building new features or devices, they are fighting through litigation. This anti-competitive strategy is also escalating the cost of patents way beyond what they’re really worth."

    Again, no explanation of the bogus claim is made, though he does repeat the charge ("largely questionable patent claims"), place the word tax in quotes, suggesting that these companies use this term themselves, and then add a more general "anti-competitive" charge. The thing is, this activity is the very notion of competitiveness. Patents are designed to protect intellectual property, which are a competitive advantage. In many ways, Apple, Microsoft, and whoever else owns these patents actually protecting them is what makes this activity competitive. Google can't just use protected technologies owned by other companies without paying for them. That is competition.

    But wait, I'm sure he'll expla

    1. Re:Slashdot's new anti-Microsoft position by lorenlal · · Score: 5, Insightful

      Although you provide a compelling argument. There are a couple of facts that you overlook here:
      1) Microsoft wouldn't disclose which patents were the problem to the vendors, nor Google. As stated in the articles here, B&N had to break an NDA to show the world what Microsoft was leveraging for the lawsuits. That's piss poor behavior in my opinion, and a sign of operating in "bad faith."
      2) The licensing fees are comparable to the entire cost of a Windows Mobile OS license. This is not a "reasonable" fee which is what patent law calls for.
      3) The licensing agreement includes provisions that prevent the licensee from making changes to the product, and reach far beyond the scope of the patents that are owned by the patent holder. Specifically, by allowing Microsoft (in PJ's terms) veto power, Microsoft is attempting to assert full control over a product that they are trying to compete against. That is highly anti-competitive.

      And of freaking course Google is releasing the OS for free. It's called OPEN SOURCE. The OS is freely available. Honestly, I can't blame Google for trying to procure patents... It's a defensive measure against cabals like this. The whole point of the lawsuits against Android makers is to use the courts to gain market share. This does great harm to the consumer by stifling competition and innovation (see Internet Explorer 6... That was a hideous mess and web technologies were stagnant until the Mozilla foundation released Firefox). That's why these licenses are problem, and that's why I don't agree with your statement that Google is the problem.

    2. Re:Slashdot's new anti-Microsoft position by Eponymous+Coward · · Score: 5, Insightful

      Google licenses Android for free, because they get paid in different ways and have a strategy that stretches beyond next quarter. They don't have any kind of monopoly in any of their businesses, so the comparison with MSFT of the 90's isn't a great comparison.

      It's a little like Mozilla giving Firefox away for free because they get paid in different ways. Should they be stopped because others who want to charge money for the browser can't figure out a way to compete?

      Software and process patents are just a way to funnel money from innovators to lawyers.

    3. Re:Slashdot's new anti-Microsoft position by lorenlal · · Score: 4, Insightful

      I also submit that if Google had procured the patents in question, not only would we know what they were, they would probably not be using said patents in an offensive to gain market share.

    4. Re:Slashdot's new anti-Microsoft position by PaladinAlpha · · Score: 5, Insightful

      Ah, yes, the surely-objective opinions of "WinSuperSite"...which find that Google is stifling competition by providing an open-sourced smartphone kernel to anyone who asks, and is oppressing the poor, abused coalition of every other smartphone vendor who banded together specifically to pay an exorbitant price for smartphone-related patents and immediately as a group set about suing over Android devices (exclusively). Curiously, they did this when Android's marketshare started to make theirs look rather foolish. Yes, they just want to protect their intellectual property, such as the milestone achievement "No. 6,339,780 placing a loading status icon in the content area of a browser." By precisely duplicating the functionality of "placing a loading status icon in the content area of a browser", Google is oppressing competition, necessitating the actions of Microsoft in demanding license fees in excess of their own product's cost for infringements that they refuse to disclose before being paid.

      TL;DR: give me a break.

    5. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 0

      of course you do. people couldn't possibly be making logical conclusions that disagree with your emotional reaction! they must be being PAID OFF BY THE MAN.

    6. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 0

      I also submit that if Google had procured the patents in question, not only would we know what they were, they would probably not be using said patents in an offensive to gain market share.

      So you are saying that google was maybe penny wise, but pound foolish?

    7. Re:Slashdot's new anti-Microsoft position by spidercoz · · Score: 4, Insightful

      So exploiting a poorly thought-out system for the benefit of the few is A-OK, duly noted. Don't be disingenuous, EVERYONE is behaving badly here because the system is set up not only to allow it, but to promote it.

      Capitalism: "That don't befront me, as long as I get my money next Friday."

      Fanboys...just shut the fuck up. Your chosen side isn't any better than the other.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - Evelyn Beatrice Hall, re Voltaire
    8. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 2, Insightful
      How does drivel like this get modded up? It's all a bunch of emotional based reactionary crap. For example:

      Ah, bogus patents. I'm curious how that was determined. Let's read on. Surely, this will be explained. After all, it's an incredible charge to make publicly. There must be proof and some public explanation of why that word was used.

      "They're doing this by banding together to acquire Novell's old patents and Nortel's old patents (the 'Rockstar' group including Microsoft and Apple), to make sure Google didn't get them; seeking $15 licensing fees for every Android device; attempting to make it more expensive for phone manufacturers to license Android (which we provide free of charge) than Windows Phone 7; and even suing Barnes & Noble, HTC, Motorola, and Samsung. Patents were meant to encourage innovation, but lately they are being used as a weapon to stop it."

      Actually, using patents in this way is a legitimate business endeavor with no proof of "bogusness." But I am curious, if Google had in fact won these patents for itself, would that have made them "non-bogus"?

      Yes bogus patents. Read the submission right here. B&N has outlined all of the patents and showed clear prior art for them. That is what makes them bogus. Sheesh. And this is what passes for "insightful" around here? This is the kind of thing that makes it easy to crack "Slashdot sucks" jokes.

    9. Re:Slashdot's new anti-Microsoft position by spidercoz · · Score: 1

      LOL, so /. represents Nazis and MS is ethnic diversity??? BWAHAHAHAHAHAHAHA!!!

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - Evelyn Beatrice Hall, re Voltaire
    10. Re:Slashdot's new anti-Microsoft position by postbigbang · · Score: 1

      And the exposure now works for whomever wants to release a smartphone OS, be it a Linux derivative, or whatever. Even Blackberry/RIM benefits. Meego, Unity/Ubuntu, whatever, the cat is out of the bag (insert your favorite metaphor here).

      Judicious coders are now looking for prior art, and they'll probably find it. But each patent fought will be a battle by itself, cost a lot of money, and more cross-complaints will be filed. This is only the beginning, not the beginning of the end.

      --
      ---- Teach Peace. It's Cheaper Than War.
    11. Re:Slashdot's new anti-Microsoft position by Desler · · Score: 2

      This is not a "reasonable" fee which is what patent law calls for.

      Voluntary RAND agreements from standards nodies call for this but where in US statutory law does it say this?

    12. Re:Slashdot's new anti-Microsoft position by hawguy · · Score: 1

      yeah, google is free because instead of doing the honest thing and asking the money up front, they portray android as a free OS, when its really a means for feeding you into the google data collection machine, which profits off USER GENERATED DATA.

      mmm, love having my whole life run through an algorithm so the marketing fucks can develop better methods to manipulate my consumer activity.

      And you think Apple and Microsoft aren't doing the same thing with your data?

    13. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 2, Informative

      1) They didn't break an NDA. Microsoft assumed incorrectly (yet again) that the NDA which only covered one discussion or topic applied to another without getting B&N's approval. Hence there was no NDA on the later data.

      Aside from that, total agreement.

      The nice thing is that most of the patents listed are completely invalid patents with tons of prior art to show that, and the others apply to functions not used in Android.

    14. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 0

      I think you mean "sieg heil"

    15. Re:Slashdot's new anti-Microsoft position by fermion · · Score: 4, Insightful
      A patent troll is someone who has patents, not devices. From this point of view, MS is not a patent troll because it has been in the smart phone business before there were smartphones. So in a sense it is asserting patents to make sure other don't use it's proprietary processes to create equal competing products. This is what patents are for.

      OTOH there is another type of patent troll. A patent troll who is rather incompetent at creating or marketing a specific device or process but still wants to profit off the production of the device. This is MS. MS has had years to bring smartphones to market. They have not done so. They have had years to work within the market to produce a product people want. They have not. So now they are pushing trivial patents to profit off other peoples works. This is not what patents are for.

      If MS were to sue someone because they were copying key points from Xbox, there would be no issue. But people are not. Firms are using industry standard methods to develop a mobile device. Using filename, icons, and redenering techniques that MS did not develop, but merely copied from others and was the fist to patent.All they want is a share of a market that they do not have the skill to get. As a result the consumer is being asked to pay more than would otherwise be necessary. Does this sound familiar. It should because it is how MS operates. By getting a cut from ever sale even if MS has no input into that sale. Can any say naked PC?

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    16. Re:Slashdot's new anti-Microsoft position by Eponymous+Coward · · Score: 1

      If you aren't paying for the product, then you are the product.

      How is what Google is doing any different from any other ad supported business? I can watch all kinds of TV without paying because advertisers are footing the bill. I go to a baseball game, my ticket is subsidized by omnipresent ads. I can subscribe to lots of magazines for free because of advertisers. Come to think of it, neither you nor I are paying to post on Slashdot either. Is all of this dishonest?

      I'd be a lot more sympathetic if Google had a monopoly or if the barriers to entry for competitors was much higher. The truth is, Google could collapse as quickly as it rose.

    17. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 1

      Please note that Netscape Navigator had this functionality before the patent was submitted.

      Patentus invalidus.

    18. Re:Slashdot's new anti-Microsoft position by mcgrew · · Score: 1

      "That don't befront me, as long as I get my money next Friday."

      Source: John Lee Hooker, "House Rent Boogie" (later covered by George Thorogood)

    19. Re:Slashdot's new anti-Microsoft position by FrankSchwab · · Score: 2

      Except I submit that if your paying for the product, then you're still the product (and now a bit poorer).

      Do you believe that your cable company isn't selling your viewing history? Last time I looked, I was paying them...
      Do you believe that your ISP isn't selling your browsing history (if they aren't actively injecting ads into your browsing experience)? Last time I looked, I was paying them...
      Do you believe that your grocery store isn't selling your purchase history (unless you're willing to pay 10% more to opt-out of their "we won't screw you if you carry this" card, AND decide not to pay with a trackable (credit/debit card, etc) form of currency)? Last time I looked, I was paying them...
      How about Visa/Mastercard/Discover/Amex? Do you believe that they're not data mining as fast as they can? Fortunately, I'm not paying them directly, but many do (and they still have their hands in every transaction).

      Deciding to pay for things so that you're not the product is a fools quest... /frank

      --
      And the worms ate into his brain.
    20. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 0

      Speaking of patent trolls, I'll offer a mild defense of MOSAID. Their business model may be IP licensing, but they actually get chips fabbed and do other real engineering to develop and prove new technology, rather than just buying patents and suing people.

    21. Re:Slashdot's new anti-Microsoft position by residieu · · Score: 5, Informative

      B&N didn't break an NDA. They signed an NDA covering a single meeting, where the specifics on the patents weren't given. Microsoft then apparently forgot they hadn't signed the same NDA as everyone else and sent them information on the patents.

    22. Re:Slashdot's new anti-Microsoft position by Anthony+Mouse · · Score: 5, Interesting

      Judicious coders are now looking for prior art, and they'll probably find it. But each patent fought will be a battle by itself, cost a lot of money, and more cross-complaints will be filed. This is only the beginning, not the beginning of the end.

      This is the knock-down argument for why what Microsoft is doing is illegitimate. If it doesn't matter whether the patents are valid because they have a thousand other patents in their back pocket then you're not paying for a patent license, you're paying protection money against ruinous litigation. You either have to pay up or you have to play Russian roulette with a machine gun where every dud costs you a million bucks in legal fees.

      That's the problem with mutually assured destruction. It only works when the entities are the same size. Otherwise it's a war of attrition, so the big guy only needs to force an equal dollar amount of each party's cash into a big pile (called "retainer fees") and then set it all on fire and wait for the little guy to either capitulate or go into bankruptcy. And compared to Microsoft, B&N is the little guy.

    23. Re:Slashdot's new anti-Microsoft position by postbigbang · · Score: 1

      No, this is what they cited. This is what's on the table. Yes, there are more, but many may be much more shaky than the ones cited.

      Community efforts can get the supporting evidence. It doesn't take money at that point, it takes proper citation of prior art. There's more than BN that want to see this done. Google has likely known which #s were cited, but now it's exposed, and each can be knocked down where prior art can be cited or methods argued. It's just the beginning, but it's another way to get the issues dealt with.

      --
      ---- Teach Peace. It's Cheaper Than War.
    24. Re:Slashdot's new anti-Microsoft position by Anthony+Mouse · · Score: 1, Insightful

      A patent troll is someone who has patents, not devices. From this point of view, MS is not a patent troll because it has been in the smart phone business before there were smartphones.

      Microsoft is a troll because they don't have any sales volume. The problem with trolls is that everybody who makes something is infringing everybody else's patents, which leaves all the producers on the same footing with respect to one another and lets them negotiate a cross-license, but trolls don't make anything. So they have you over a barrel and they can extort whatever they want out of you. And that's what Microsoft is, because even if you had a genuine legitimate patent that WP7 infringes, the damages are based on sales volume and since nobody is buying WP7 devices Microsoft could just shrug it off. Which makes them a troll.

    25. Re:Slashdot's new anti-Microsoft position by Anthony+Mouse · · Score: 1

      That was way too many words to say something that should have been much simpler:

      A troll is someone infected with the misanthropic attitude that is fostered by the ability to attack without fear of retribution. Therefore, Microsoft is a troll.

    26. Re:Slashdot's new anti-Microsoft position by CharlyFoxtrot · · Score: 1

      Google licenses Android for free, because they get paid in different ways and have a strategy that stretches beyond next quarter. They don't have any kind of monopoly in any of their businesses, so the comparison with MSFT of the 90's isn't a great comparison.

      It's a little like Mozilla giving Firefox away for free because they get paid in different ways. Should they be stopped because others who want to charge money for the browser can't figure out a way to compete?

      Software and process patents are just a way to funnel money from innovators to lawyers.

      No it's exactly like Microsoft in the 90's. Netscape was threatening their business by building a layer between the user and the OS so MS decided to cut them off at the feet by offering competing software for free and bind it closely to their moneymaker Windows. Google was concerned Apple was building a layer between them and their customers so they decided to cut Apple off at the feet by offering a competing product for free that was bound closely to their moneymaker services. It's hard to find a closer parallel than that.

      --
      If all else fails, immortality can always be assured by spectacular error.
    27. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 0
      Microsoft uses reputation management software to create multiple fake social media profiles. Many of them are used to moderate and influence discussion in tech sites like Slashdot.

      Slashdot's not the only site they're wring on, but it was one of the earliest.

    28. Re:Slashdot's new anti-Microsoft position by atisss · · Score: 1

      Not really, if the sources are available - anyone can disable information gathering.

    29. Re:Slashdot's new anti-Microsoft position by CharlyFoxtrot · · Score: 1

      He presented his opinion. I have more respect for him that people who responded with mod downs and ad hominem attacks. There can be more than one opinion on a discussion board.

      --
      If all else fails, immortality can always be assured by spectacular error.
    30. Re:Slashdot's new anti-Microsoft position by oakgrove · · Score: 3

      Are you really that stupid? Google isn't bundling Android with their search results. As absurd as that sounds, that would be the only way to draw a parallel to ms in the 90's. I know this is Slashdot google hater hour but please have a little intellectual honesty mixed in with the trolling once in a while.

      --
      The soylentnews experiment has been a dismal failure.
    31. Re:Slashdot's new anti-Microsoft position by Anthony+Mouse · · Score: 1

      No, this is what they cited. This is what's on the table. Yes, there are more, but many may be much more shaky than the ones cited.

      But that's the problem. Shaky doesn't really matter; it still costs a million dollars to defend from a shaky patent.

      And the real problem is the preliminary injunction. The aggressor goes to court with a packet of patents and asks for the victim to be prevented from selling their product while the court is sorting out the infringement. The victim only has a short period of time to prepare a defense to that motion before the judge rules on it, and the patents are presumed valid unless the victim can provide the invalidating evidence right away. If they can't, their product is off the market for a year or more while case is litigated. Even if they ultimately win, it doesn't matter because by then the product is years old and irrelevant to the marketplace.

      In the meantime, if they come up with a new product, they get a new lawsuit with a new set of patents and a new injunction. Until they pay the protection money.

    32. Re:Slashdot's new anti-Microsoft position by Unordained · · Score: 1

      Why is it OK for Google to steal their ideas and then give the resulting product away?

      Misunderstanding of patents: you can acquire a patent even if you're not the inventor, and you can negotiate (without actually litigating) with it even if there exists prior art that would theoretically invalidate it on the basis of the cost of legal action; two people can invent the same thing independently without looking over each others' shoulders (it's quite common). The fact that company A has a patent for X, and company B does something resembling X, doesn't mean that B has, in any way, stolen from A. In fact, if you want to copy off of someone else's work, patents are possibly the most difficult way of going about it.

      The companies involved have plenty of other sources of revenue with which to recoup the costs of developing technologies like the mouseless mouse click. Invalidating patents doesn't mean invalidating software licenses for entire software products, nor does it make hardware sales disappear. They'll be okay, I promise.

      Patents were well-intentioned, but not designed to perform to expectations. They still don't protect small inventors. There's no useful definition of "reasonable" license fees. We're moving in the direction of first-to-file, which screws independent inventors who don't constantly troll the patent lists to see if their idea was previously patented.

    33. Re:Slashdot's new anti-Microsoft position by CharlyFoxtrot · · Score: 1

      It's the other way around : Android comes with the Google apps, gmail, calendar, Google search as default, etc. Not to include these apps means you cannot be Android certified. iOS devices still have 55% of mobile internet usage share, Apple could have switched all those users to their own maps, yahoo search or circumvented Google search for Wolfram Alpha as they have done with Siri. So Google built their own platform where their services are the default or it isn't Android.

      The principle of the matter is the same :undermine the competition by offering your version, tied to your products for free.

      --
      If all else fails, immortality can always be assured by spectacular error.
    34. Re:Slashdot's new anti-Microsoft position by webnut77 · · Score: 1

      Couldn't have said it better myself. +1 Well Said Thank you.

    35. Re:Slashdot's new anti-Microsoft position by oakgrove · · Score: 3

      It's the other way around : Android comes with the Google apps, gmail, calendar, Google search as default, etc.

      I cannot believe you just actually wrote that. Google goes so far as to send C and D letters to small time modders to make sure that their proprietary apps are not included without paying up. You basically have it completely backwards. Furthermore you are double clueless as there are quite a few phones that come equipped with Bing as the default search and they are still "Android certified". You are spreading FUD.

      --
      The soylentnews experiment has been a dismal failure.
    36. Re:Slashdot's new anti-Microsoft position by CharlyFoxtrot · · Score: 1

      I cannot believe you just actually wrote that. Google goes so far as to send C and D letters to small time modders to make sure that their proprietary apps are not included without paying up.

      This is what I said. If you want the full Android experience you have to go through Google.

      You basically have it completely backwards. Furthermore you are double clueless as there are quite a few phones that come equipped with Bing as the default search and they are still "Android certified". You are spreading FUD.

      I stand corrected. Verizon did in fact make Bing the default on some phones. Seems like biting that hand that feeds you to me though. And it doesn't change the rational Google, in my opinion, had for creating Android in the first place.

      --
      If all else fails, immortality can always be assured by spectacular error.
    37. Re:Slashdot's new anti-Microsoft position by postbigbang · · Score: 1

      Your reality check, while pessimistic, is correct in most regards. Let's say for a moment, that Google still wants to stay in the market. Let's also say that patents as the law is written suck, and that Google also wants to continue its Android business models.

      There are a dozen+ Android licensees, most of whom have paid the Microsoft Tax. Microsoft isn't embarrassed about making more money from Android than their own stuff. If you take a dozen licensees, plus Google, and use that as your cost divisor, the net per licensee plus Google plus whomever else wants to get involved is actually not so bad. Is it enough for some patent peace? Probably not. There is some irrationalism involved concerning Jobs' claim that he'd burn $40B to defend his IP in the iPhone/iPad/iJunk.

      Although you may believe that the litigation is endless, there is an end, it is finite, and it can be won. The broken NDA brings the light to the matter in a big way. BIG way. Yes, it's only the beginning, and a lot of money needs to be burned, but remember that both sides will be burning it; not quite a wash as consumers will end up paying for a lot of the mess, but so will shareholders.

      --
      ---- Teach Peace. It's Cheaper Than War.
    38. Re:Slashdot's new anti-Microsoft position by Anonymous Coward · · Score: 0

      This asshat Bonch is the biggest Anti-Android Troll on Slashdot. He is obviously a paid agent for Apple or Microsoft and needs peddle his FUD elsewhere.

    39. Re:Slashdot's new anti-Microsoft position by lorenlal · · Score: 1

      My bad. I misread.

    40. Re:Slashdot's new anti-Microsoft position by Larryish · · Score: 1

      You don't have to be a lawyer to file a complaint.

      Why can't some well-meaning Fawkes mask owner(s) stage "Operation Toilet Clog" and clog up the judicial system with bogus complaints?

      Serious lulz off that one, aye?

    41. Re:Slashdot's new anti-Microsoft position by postbigbang · · Score: 1

      You'd be amazed at how easily rejection can come. The courts have rules about such things, to prevent trivialities from clogging the gears of justice. Then they can sanction you, and the bailiff can throw you in the can for abuse. If you don't believe me, let me tell you about a park in the lower west side of Manhattan that you won't stay at tonight. Not my choice, rather, civility is exercised in strange ways when you're the 99%.

      --
      ---- Teach Peace. It's Cheaper Than War.
    42. Re:Slashdot's new anti-Microsoft position by datavirtue · · Score: 1

      Huh? Freeware, Open Source? I'm the product?

      --
      I object to power without constructive purpose. --Spock
    43. Re:Slashdot's new anti-Microsoft position by Raenex · · Score: 1

      Although you provide a compelling argument. There are a couple of facts that you overlook here

      Unless he's Paul Thurrott of winsupersite.com, he just copied and pasted somebody else. Instead of being clear about that upfront, he just linked to it at the very end.

  21. Confidence by Anonymous Coward · · Score: 0

    This move has given me more confidence in B&N as an organization.

    I will sleep easy knowing I purchased a tablet from a company with some backbone.

    Now Google needs to put the Open Handset Alliance to good use by turning it into a giant patent pool for Android.

    Between the likes of Google, Moto Mobility, and the rest of the Android handset manufactures, it would be interesting see Microsoft try to force an android tax.

  22. So much for "Freedom to Innovate" by JSBiff · · Score: 4, Insightful

    I thought MS are supposed to be Staunch Champions of the Freedom to Innovate, hardy har har.

    Ridiculous - leveraging a few patents on minor functionality which might cover .00001 percent of Android functionality into a patent royalty which is out of all proportion to the "size" of MS's "contribution" to the product AND putting onerous development requirements on Android developers to hamstring it's future progress so that they're own platform can prevail not on its merits, but on their ability to control the competition with patents.

    This is *everything* that's wrong with the software patent system.

    1. Re:So much for "Freedom to Innovate" by AdamJS · · Score: 1

      You know, the pricing isn't that bad when you realize that said functionality of these patents probably represents around 90% of the functionality of Microsoft's mobile OS'.

  23. Absolutely Absurd! by Anonymous Coward · · Score: 0

    Are half of those patents even patentable? If filed today, would they be thrown out for overly broad interpretation and vagueness? I like how the last patent is listed, but specific assertion against B&N is absent. I'm guessing the article writer, or possibly groklaw couldn't comprehend it sanely either.

    My claim regarding lawyers still stands, however: When the revolution comes, shoot ALL the patent lawyers first!

  24. Re:Full grunt of Linux by Anonymous Coward · · Score: 0

    For one, maybe they would like to possibly extend beyond "simple text reader" without having to work from scratch? I'm just speculating. But seriously, what are you so worked up about?

  25. The first thing we do, let's kill all the lawyers by dcigary · · Score: 4, Insightful

    I'm only half kidding here. Patent lawyers have replaced Personal Injury lawyers as the scum of the earth. The entire patent system needs to be re-vamped, legislation passed outlawing patent squatting and technology stifling. And a firing squad for the patent lawyers.

    --
    ...my Karma ran over your Dogma...
  26. I like the way we're getting open standards by rsilvergun · · Score: 3, Insightful

    because everyone's so scared of Microsoft. They've got such a reputation for dominating every market they enter and then screwing their partners that even the big guys are backing open standards out of fear of getting cut out of the deal by MS. It reminds me of those old west shows where the gunslingers were sitting 'round a table playing poker ready to gun each other down at the first sign of cheating...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:I like the way we're getting open standards by tokul · · Score: 1

      They've got such a reputation for dominating every market they enter

      No. They got such reputation not for dominating every market they enter. They got it for trying to dominate every market they enter and for using existing dominant markets and income from profitable markets to leverage their entry into new market.

  27. I just did by future+assassin · · Score: 1

    Ordered two SAS survival books from them. Was going to order from Amazon.ca till I saw the story here. Way to go B&N.....

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  28. Oh wow. Oh wow. Oh wow. by phonewebcam · · Score: 2

    So *that's* what he meant - he'd just seen this list.

  29. Something is not right! by goruka · · Score: 3, Insightful

    How can Microsoft be threatening giant corporations with such incredibly ridiculously simple, obvious, irrelevant and pre-existing patents? How can they even call them "inventions"? How can so many companies be SO afraid of Microsoft to pay them large sums of money for this? Are they that much afraid that the patent system is so broken that they will have massive losses if they litigate? Something is not right with the world!!

    1. Re:Something is not right! by Anonymous Coward · · Score: 0

      The cost of settling is probably less than the cost of fighting in court, since the licensing would be on a per product sold basis and the only time period that is of any concern is the one that matters to the executive officers bonus payments

    2. Re:Something is not right! by Anonymous Coward · · Score: 0

      How can so many companies be SO afraid of Microsoft to pay them large sums of money for this?

      Because what they pay to M$ is a fraction of the lawyer bill to challenge the patents in court; a much larger cost that would eventually trickle down to the consumer and sway decision-making against the products involved.

      Either way, M$ wins.

    3. Re:Something is not right! by Anonymous Coward · · Score: 0

      Because Microsoft is not threatening those guys with patents, but with THE FRIGGING US LEGAL SYSTEM. They have very good lawyers that know their thing. The fact that the patents are trivial is largely irrelevant. The cost of litigation, even if they finally lose (and this *will* take *years*), are going to be what sinks the little guy.

      We can only do 2 things:
      1. help B&N as much as we can: contribute information to Groklaw, it worked well in the SCO case. Also, keep buying stuff from them. Regularly if at all possible.
      2. Try to get the authorities to stop Microsoft. It has been done before.

    4. Re:Something is not right! by Imbrondir · · Score: 1

      Too bad I'm out of mod points.

      I don't really want a tablet, nor any book to read right, but if B&N sells any to Norway, any of the above suddenly sounds interesting. I hope people will enough people will vote with their wallets.

    5. Re:Something is not right! by Thantik · · Score: 3, Insightful

      Because, if I recall correctly, Microsoft hasn't revealed any of these patents until now. They've basically gone: "We're Microsoft. We're huge. You KNOW we have a warchest full of patents, and it would be an awful shame if something happened to your business that kept you from making any profit due to these patents. We can make this little problem go away, just give us [X]"

      These companies don't want to put up the fight, and believe it's probably going to be cheaper, and easier just to pay Microsoft their protection money.

      Now that these patents are out in the open, Microsoft licensees may just be rethinking their stance.

  30. anti-competetive by Chirs · · Score: 4, Insightful

    Patents were intended as the alternative to a trade secret. The way it was supposed to work is that rather than keep everything secret (like the old medieval guild system did) you documented how you built something and in return you got the rights to that device for a limited amount of time. Thus others could see how you did it and either license it from you for a fee or else figure out an alternative way of doing it, and after the time had expired then the information was publicly available.

    As for the claim of "bogus" or "largely questionable" patents, are you seriously arguing that "placing a loading status icon in the content viewing area of a browser" (ie, put the status icon where it's actually visible when zoomed in) isn't obvious? Or loading the text first and then the images? Or using handles to change the size of selected text area (how else are you going to do it when you can't click and drag?).

    1. Re:anti-competetive by datavirtue · · Score: 1

      "Patents were intended as the alternative to a trade secret."....Wrong! Patents prevent reproduction of devices or tech that are obvious once produced and distributed--preserving monopoly over production for a reasonable time to guard incentive. Trade secrets do not have to be reveled to be of value. A trade secret could be a chemical formula that is not reversible or traceable to the original ingredients. You can still distribute that without the need for a patent, in fact trade secrets can be more profitable since there is no expiration (Coke). However, I don't think it is valid to go whining when your secret gets released or leaked---should have had a patent. All tech and business is for the benefit of society--a service. People are way too up-tight these days. I don't even know if it is garden variety greed, it seems to be mostly fear. Western society needs an enema.

      --
      I object to power without constructive purpose. --Spock
  31. Step up and reward B&N by Anonymous Coward · · Score: 0

    But make sure you let them know WHY you are purchasing from them.

    Big companies might own Washington, but you can persuade big companies to do the right things by voting with your wallet.

  32. android isn't a "product", it's firmware by Chirs · · Score: 1

    The product is the phone that uses it.

    Besides, how is what Google is doing releasing Android any different than what Canonical is doing making Ubuntu freely available?

  33. Trivial? by thunderdanp · · Score: 4, Insightful

    I would very much like an individual to cite a piece of prior art and write of cogent argument why the claims of the issued patents are invalid. It is all too easy to fall prey to hindsight bias when dealing with patents that were filed over a decade ago.

    1. Re:Trivial? by zzyzyx · · Score: 1

      Well regarding the "simulating mouse inputs using non-mouse devices" patent I can cite at least my Atari which allowed this using the keyboard 10 years before this patent was filled.

      And even doing my best to correct my hindsight bias I fail to see how things like "placing a loading icon in the content area of a browser" should be patentable. And even if they were, this certainly does not justify hundreds of millions of dollars of licensing fees. I'm sure that someone will argue that it's a free market and companies are free to set their prices, but precisely no, patents are a government granted monopoly and free market rules can't apply, and if competition is regulated, prices should be, too.

    2. Re:Trivial? by Zaphod+The+42nd · · Score: 1

      http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6,891,551.PN.&OS=PN/6,891,551&RS=PN/6,891,551 I can't give an example of prior art (that doesn't mean there isn't one, this is a pretty basic idea and somebody may have implemented it in their basement before M$ and just didn't take credit. Lack of evidence is not evidence of lack.)
      But, I would like to go ahead and say that this should not be patent-able.

      I'm going to preface this with IANAL, certainly not a patent lawyer. I'm just a software developer, trying to interpret the law in the best way my layman understanding can, and also expressing what I feel is morally / ethically right regardless of the current law.

      The way I read this patent application, they are describing a method for using handles to re-size a text selection.
      They are not claiming to have invented handles.
      They are not claiming to have invented selecting text. They give prior art examples of their own work at improving selecting text and others' attempts.
      They take credit for a rotation handle, but admit they did not invent rotation, nor handles.

      "FIG. 3 depicts a selection area (or selection tool) according to one embodiment of the present invention. The tool may include body 301 and one or more selection handles 302a, b. The body 301 of the selection area may be of any shape, and in the depicted example, is rectangular to account for selected electronic data, such as text, in a document. The body 301 may have an appearance that is distinguishable from non-selected portions and/or items on the electronic document to distinguish selected portions from non-selected portions. Accordingly, the selection body 301 may be an inverse color of the selected text... The selection handles 302 generally allow the user to resize and/or adjust the selection of a portion of data, while maintaining the selection. In some embodiments, the selection handles 302 may be graphical symbols that may be moved to resize a selection body 301. For selecting text, the dragging of a selection handle 302 may increase or decrease portions of the current selection body 301, depending on the particular handle being moved, the direction in which the handle 302 is moved, and the directional flow of the language of the underlying text."

      To recap: They came up with the idea for using handles to change a selection area.

      Does that give them a patent over using handles to resize a window? I guess not, since it specifies text. Does somebody have a patent on that? Seems to me it shouldn't be patentable, but if it is, then that seems like it would overshadow this patent. You stole our resizing areas for your resizing texts!

      Here's the thing: this shouldn't be patent-able. I'm willing to suggest that such an "invention" was inevitable. Given computers increasing use, given large use of text editors, given resizing is A THING, and that people DO IT, and that using handles to resize something is already accepted common practice on computers...
      Then using handles to resize text is not an INNOVATION. It is a trivial combination of existing ideas, and such should not be patent-able. This creates a first-come first-served situation where everybody races to get trivial patents and then everybody is prevented from writing any software at all, because other people have patents on things fundamental to development, while you hold patents on things equally fundamental that they would need. Its patent gridlock. This is the exact opposite of "protecting innovation", which is what the patent office claims to facilitate.
      Also, I guess this is just how patent law works, but was it really necessary for them to break down how computers wor

      --
      GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    3. Re:Trivial? by thunderdanp · · Score: 1

      I don't find this very persuasive. As far as I can tell, they are just looking at some sort of interpretation of the titles of some of the patents. What gets enforced by the courts are not the titles, but the claims.

    4. Re:Trivial? by thunderdanp · · Score: 1

      What you're quoting is the written description, which is not what the Examiner would make his/her decision on patentability on. I know some examiners, and they begrudgingly admit they gloss over the written description and head straight for the claims, which is where their decisions regarding patentability are made. That being said, you may or may not be correct about a given patent being invalid, and there are options (some far, far cheaper than litigation, i.e. inter partes reexamination) for narrowing the scope of an overbroad, invalid claim. That major players like Samsung and Google have not instigated such proceedings is suggestive.

    5. Re:Trivial? by Zaphod+The+42nd · · Score: 1

      Fair enough.
      What do you think? Your suggestion that Samsung or Google not going after this patent is a fair argument that it may not be feasible to limit / overturn.

      But regardless of the current law, do you feel that a patent on "handles to re-size text" should be a patent-able innovation? Like I said, allowing this sort of patents is going to have a massively detrimental effect on innovation and software development. If something as trivially simple as re-sizing text can be patented, then how is one to be expected to know what is allowed? And doesn't that present a sort of inherent monopoly? Now, only Microsoft can resize text with handles, and everybody else's software either has to be missing features people have come to expect, or has to licence to Microsoft. Imagine if we allowed JK Rowling to patent Boy Wizard Story instead of merely trademarking the name "Harry Potter". Thats it, no more boy wizards, nope. She did it first. Who cares if its a pretty obvious idea, she did it FIRST, so now you have to pay her whatever she thinks is fair.

      It seems to me we massively overrate the idea in this country. Implementation is arguably more important. The mere fact that it can be represented in software proves that the idea can be broken down into a series of extremely trivial mathematical steps. We do not allow patents on mathematical formula for a very good reason; if we did, it would completely hamstring math advancement. Furthermore, one can see that mathematical formula are not so much creative art as they are intrinsic to reality, part of our universe already and merely waiting observation and description.

      --
      GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    6. Re:Trivial? by thunderdanp · · Score: 1

      First, if Samsung and Google are unable to challenge the validity of these patents, it is not for lack of resources. That seems to make it more likely that there is a lack of prior art raising a substantial new question of patentability, essentially meaning they cannot find prior art to challenge validity. If that is the case, then novelty/obviousness probably are not grounds for invalidity.

      Second, I see no reason why the invention should not be patentable. The patent system is a trade-off of public disclosure of the invention in exchange for a grant of a limited monopoly. So, yes, it does present a monopoly; that is exactly what was intended. You say only Microsoft can resize text with handles, and that is bad because it is a feature everyone expects. I ask, why does everyone expect that feature? Is it because Microsoft included it in all of its products, making the feature a much desired one? If the invention truly was disclosed prior to Microsoft's filing for a patent, show me the prior art making that disclosure. If such a reference does not exist, do not waste your or my time saying it was obvious; that reeks of hindsight bias.

      As to the J.K. Rowling, the works of authors are protected differently than the work of inventors for a variety of reasons. Needless to say, copyright protection affords less protection, but for a greater length of time. As to trademark protection, that too is a very different type of protection for a different length. I agree that the concept of a boy wizard story should not be patentable, and indeed it is not.

      I disagree with your statement that we overrate the idea, at least as far as you seem to imply we undervalue the implementation. When you read through the claims of patents, you will find the implementation of the invention described by the title is much more often the patented invention. Indeed, this is something the Supreme Court has been grappling with in recent cases; abstract ideas should not be and are not patentable. Just see Bilski. A definitive test for patentable subject matter has not yet been crafted, but I think it would be throwing out the baby with the bath water to categorically exclude software from patent protection. Why should a concept, the product of significant investment and innovation, be excluded simply because it is executed within a digital framework?

    7. Re:Trivial? by Zaphod+The+42nd · · Score: 1

      You're not listening to me. I admitted I didn't have prior art and didn't want to have that argument from the start. I'm trying to talk about the nature of allowing these patents in the first place. And I want to respond to your other points with the exact same things I already said. Did you skim it?

      --
      GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    8. Re:Trivial? by Undead+Waffle · · Score: 1

      Why should a concept, the product of significant investment and innovation, be excluded simply because it is executed within a digital framework?

      This argument applies as much to math as it does to software. And the reasons not to allow it to be patentable also apply to both.

      The real question is: what does society gain from allowing software patents? Would Microsoft have not written any software were it not patentable? Since patents are a monopoly granted by society for its own benefit ("to promote the progress of science and the useful arts") it should not grant such monopolies in cases where the greater whole does not benefit. That would in fact go against the explicitly defined purpose of patents in the Constitution.

    9. Re:Trivial? by znerk · · Score: 1

      I would very much like an individual to cite a piece of prior art and write of cogent argument why the claims of the issued patents are invalid. It is all too easy to fall prey to hindsight bias when dealing with patents that were filed over a decade ago.

      ... and this is why it is obvious that the patents are being granted for terms that are much longer than they should be. If non-experts in a particular art are arguing for the obviousness of a particular patent claim, then that claim has outlived its "uniqueness". More importantly, if experts in the art are afraid to create new things because they can't do anything without falling afoul of patent-based litigation, then the patents are stifling creativity, rather than promoting it.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    10. Re:Trivial? by Anonymous Coward · · Score: 0

      Lack of prior art is not the only requirement for a patent, it must also be non-obvious to someone skilled in the art. Microsoft may very well have been the first to use a lookup table to make short filenames masquerade as long ones, but to anyone who is a professional software engineer that is a pretty obvious solution to the problem of having to support legacy filenames while showing users a prettier facade. It's a bloody pattern out of the GoF book for god's sake!

      Maybe you could say realizing that such a workaround was needed for a filesystem was the non-obvious part. But that too should be pretty obvious to anyone skilled in the art of keeping a 20-year-old piece of legacy software running.

      The bar for non-obviousness is just way too low. There should be a new fast-path to invalidating software patents. Under this rule, if you round up 10 software engineers of "ordinary skill" and ask them to list the ways they might solve the problem presented in the patent -- if say 5 or more guess it, then it must not be particularly non-obvious. The problem is you've got patent examiners sitting around just guessing what's obvious to practitioners, rather than doing any actual measurement of the obviousness.

    11. Re:Trivial? by Anonymous Coward · · Score: 0

      I would very much like an individual to cite a piece of prior art and write of cogent argument why the claims of the issued patents are invalid. It is all too easy to fall prey to hindsight bias when dealing with patents that were filed over a decade ago.

      I would love to but B&N have already done so in an open letter to DOJ. MS's web browser-realted patents are invalid, as they have been made obselete with faster internet speeds (also prior art in versions of Netscape), their tabbed-settings patent does not apply, as Nook only uses them in it's web browser (also prior art in OS/2). MS's patent in highlighting text is invalid, as B&N's implementation does not follow the patented procedure, annotation of docuemts is covered by several pieces of prior art, as is the patent of web-browser loading icons. Simulated mouse input? Nook does not simulate a mouse.

      Anything else I missed?

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

      I'm afraid the only people who think these might not be trivial are the lawyers who've never developed anything in their lives. The frustration we developers feel with having non-developer lawyers push for software patents, could be compared to you lawyers having a bunch of primary school kids who've never studied law thrust upon you to judge your court cases.

    13. Re:Trivial? by thunderdanp · · Score: 1

      You call resizing text using handles trivial simple. Was it always trivial simple? I am not a computer programmer, and I trust that it is now so simple. Simply because something is very simple now does not mean it always was. Indeed, the simplicity with which such a feature can be implemented now is likely a testament to the patent system; it is simple now because of the development invested years ago. It is all too easy to say such a development was inevitable. Again, this sounds like hindsight bias; it seems inevitable because that is our history. It is immeasurably difficult to predict what would or would not have been developed but for patent protection, but it is foolhardy to say everything that has been developed with the advantage of patent protection would have been developed without it as well. One need only look at the cost of research and development in a variety of fields, such as software development, pharmaceuticals, etc., to see why a limited monopoly makes sense, even mores today with the advances in reverse engineering.

    14. Re:Trivial? by thunderdanp · · Score: 1

      Purely mental processes, e.g. mathematical equations, are not patentable. This point has been affirmed.

      That being said, a software patent is not always purely a mental process, or necessarily analogous to one. I would wager that if you look at the claims of each of MS's patents, there will be something more than the relationship of one item to another, which is what I understand a mathematical equation to be. Any claim to such a relationship has been deemed not patentable subject matter. In my opinion, the Federal Circuit's "machine-or-transformation" test adequately addresses this issue, requiring that a claimed invention involve more than a trivial step being performed by a machine, or the transformation of an entity, something more than transistors changing state.

      I say society gains from software patents exactly what it gains from patents in every other art; public disclosure and encouragement of research and development. You ask if Microsoft would have written any software if it did not have patent protection available to it. It seems likely the answer is yes. However, going back the decades of Microsoft's existence, looking at the enormous amount of resources Microsoft poured into R&D, it is far from obvious that MS would have developed many of the technologies it has developed to date.

    15. Re:Trivial? by Zaphod+The+42nd · · Score: 1

      This is a patent. It has very little to do with the implementation or how difficult the implementation is. That is irrelevant. What is the question, is how hard is this IDEA, this INNOVATION, to come up with, and to develop and R&D? The idea here is very simple, beyond obvious. Anyone given the tools of software development working on UI would come to the EXACT same conclusion. Please trust me on this, it is indeed trivial. We are talking about using something that already existed to do something that already existed. The original content here is very close to 0.

      I am not at ALL suggesting that everything developed with patents would be developed without patents, or that we should. I don't want to have that argument, it would take too long. Patents have done good and bad.

      I AM suggesting that THIS ALGORITHM, and indeed all algorithms, by their mathematical nature, are inherent to the world and therefor should not be patent-able, as with mathematical formula which are merely describing a phenomenon inherent to the universe, not creating a work of art or a process of ingenuity. Some mathematical formulas are very complicated, some take a lifetime to develop or discover. And yet math is not patentable. This algorithm did not take a lifetime to discover. So why should an algorithm be given so much protection when math is not?
      In fact, allowing patents on mathematical formula would not protect math, it would massively stifle it. One NEEDS certain algorithms to build upon them and make proofs, you simply cannot get around using a certain math formula, it is inherent to what you are doing. Algorithms work the same way. It would be like allowing authors to trademark individual words instead of whole stories, thus crippling the ability for other authors to do work.

      --
      GCS/MU/P d- s:- a-- C++++$ UL++ P+ L++ E+ W++ N o K- w--- O M+ V- PS+++ PE Y+ PGP t+ 5- X R++ tv+ b++ DI++ D++ G+ e++ h-
    16. Re:Trivial? by Anonymous Coward · · Score: 0

      CRT touchscreens simulate mouse input and have been around WAY before MS's patents.

  34. Re:Full grunt of Linux by DragonWriter · · Score: 1

    Full grunt of Linux is needed to run a simple text reader?

    The Nook Color is an Android tablet with some customizations to centralize B&N's ebook reading app; its not a "simple text reader".

    Even the original Nook was a much more than a simple text reader.

    While Nook Reader introduced as the new low-end device at the same time as the Nook Color might really be a simple text reader, or close enough, there's obviously value in using the same core OS as is in the earlier Nook and the contemporary Nook Color rather than maintaining devices with completely different OSs underneath.

  35. B&N and the NDA by Anonymous Coward · · Score: 5, Interesting

    B&N REFUSED to sign any Microsoft Gagging Agreement apart from one very limited document. That is clearly documented in the filings made by B&N.

    B&N are also irate about the terms MS wanted to impose on them for seemingly ancient and trivial violations.

    So MS got a patent on using the kb to simulate a mouse/trackpad. There is so much prior art that will shoot that down that i want to get up an applaud B&N for exposing the MS RICO scam. I can't support them by buying a Nook as they don't ship it to my country.
    I'd also like to be at a few shareholder meetings of the companies that have signed up for the MS Scam. I'd expect their BOD to get a really hard time explaining why they let MS literally screw the comany and shareholders.

  36. hardware support by Chirs · · Score: 1

    Creating a full OS is HARD. By going with Linux you get out-of-the box hardware support, tcp/ip stack, wifi stack, bluetooth stack, graphics support, preemptive multitasking, flash support, card reader support, audio support, etc.

    A relatively simple reader with physical buttons and no networking is fairly straightforward. Something like the Nook Color or Kindle Fire is a whole different ballgame.

    1. Re:hardware support by muon-catalyzed · · Score: 1

      hmm, is there an MS-troll-free alternative to Linux for simple devices like Nook that is not a Linux based OS?

    2. Re:hardware support by Anthony+Mouse · · Score: 1

      You seem to think that MS trolling is related to Linux, rather than being related to anything better than WP7 and for less money. You can try something e.g. BSD based if you like, but what makes you expect a different result?

  37. Free software by kiwix · · Score: 1

    Google believes that Microsoft's and Apple's purchases of patents are anticompetitive, and that the mobile patents they own are bogus. To combat this, Google is going to acquire its own (bogus?) patents.

    Well, yes. That's not the first time a company says the patent system is broken and they have to get bogus patents just to defend themselves.

    Arguably, by "dumping" Android in the market at no cost, Google--which has unlimited cash and can afford to do such a thing--is behaving in an anticompetitive fashion. In fact, one could argue that Google is using its dominance in search advertising to unfairly gain entry into another market by giving that new product, Android, away for free.

    How do you make a monopoly with Free Software? Google doesn't control Android, anybody can make their own version, and integrate it with their own services. If you're afraid they use Android to promote use of the other Google services, you can just make a version of Android that integrates with Microsoft's online offering.

  38. Re:The first thing we do, let's kill all the lawye by alexo · · Score: 1

    I'm only half kidding here. Patent lawyers have replaced Personal Injury lawyers as the scum of the earth. The entire patent system needs to be re-vamped, legislation passed outlawing patent squatting and technology stifling. And a firing squad for the patent lawyers.

    Be careful of what you wish for.
    Canadians wanted copyright reform and got C-11.

  39. "We are Ayn Rand" by tepples · · Score: 5, Funny

    ANDREW RYAN
    swap first and last 3 letters
    YANREW RAND
    scramble first letters
    WE R AYN RAND

    Ein Volk. Ein Reich. Ayn Rand.

    1. Re:"We are Ayn Rand" by arielCo · · Score: 1

      You need more medication, or less. Not sure which. http://xkcd.com/960/

      --
      This post contains no rudeness or derision of any kind. All arguments are friendly. Terms and exclusions may apply.
    2. Re:"We are Ayn Rand" by L4t3r4lu5 · · Score: 1

      Ein Volk. Ein Reich. Ayn Rand.

      ANDREW RYAN SAME = New Aryan Dreams.

      Spooky!

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  40. where patents come from by amoeba1911 · · Score: 4, Insightful

    Patents can be obtained when someone invents a novel process or machine that had not been done before... that is what I would have said if you asked me about patents about 30 years ago. Today, patents are obtained by lawyers for the benefit of lawyers. Overwhelming majority of technology patents today are bogus litigation fuel. We all know 100% of all software patents are entirely bogus, yet they are wasting time and money that could go to R&D, instead it's going to the lawyers' pockets.

    Computers and their software came this far riding on the skirts of innovation fueled by sharing, competing and communicating. This energy is being tapped today by lawyers who have nothing better to do than to sink their fangs into the arteries of innovation and suck the energy that had been fueling innovation since the 1960's.

    1. Re:where patents come from by sdguero · · Score: 0

      I went out with a girl that was an IP lawyer in 2009. She was ambitious, educated, and decent looking. After she told me what she did, I made a couple jokes about being evil but kept things cordial and let her pay for dinner. Then we went back to her place and I hate f*cked her. Then I left and never answered her calls or talked to her again.

      I saw her at a bar 2 years later with some friends and a douche bag. I nicely said hello and asked if she was still working for the devil. She gave me a dirty look and they all left.

      Score 2 points for innovation! :)

    2. Re:where patents come from by Anonymous Coward · · Score: 0

      Not sure it's the lawyer's fault - after all the law is there, and the companies are paying them...

    3. Re:where patents come from by rrohbeck · · Score: 1

      Just ask your local representative critter what they think of software patents and keep that in mind in the next election.
      And if the answer is not what you like make it public in social media. "Representative X is a fool/an a-hole/is not helping society but only lining his/her own pockets because..."

  41. Its not just about Android by andydread · · Score: 5, Informative

    According Barnes and Noble this about open source software in general not just Android. They mention Tomtom and other non-Android device manufacturers. Microsoft is on a campaign to kill open source in the marketplace. More info available here and a damning PDF with lots of juicy information here

  42. It's rather simple by Anonymous Coward · · Score: 0

    All software patents are bogus. In most countries, including EU you can't patent it.

  43. Would you expect anything else? by InspectorGadget1964 · · Score: 0

    Micro$oft has in the past made quite some money by efficiently marketing mediocre products without having proper competition. Now they are using that money to crash the better competition with twisted arguments that stand in a court of law because judges, lawyers and jury members have no understanding of what they are looking at. A lay person looking at a computer screen is like a preschool kid looking at a nice toy. They have no understanding of the inner workings of the device and they would naturally assume that if looks similar has to be the same, therefore patents do apply. We need to educate judges, lawyers and people in general. Micro$oft rejoices in their ignorance.

  44. That first article is pretty bad... by Code+Yanker · · Score: 3

    a lot of editorial comments, branding WP7 as Windows Mobile, and obvious misleading lines. The headers to the patents involved misled me to believe that the patents covered broad UI concepts with huge areas of scope with 15 years of prior art. Patent 5,889,522 for example was stated as claiming "putting known tab controls into an operating system for use by all applications rather than providing tabs on an application-by-application basis."

    That sounds wicked general and its a really old UI concept that seems obvious to anyone who switched to Firefox back in the day for exactly that reason. Until you read the actual patent and discover that in reality they are claiming the implementation of the UI SDK framework that comes as part of the OS. Oh yeah, and the patent was filed back in 1994. I'm not sure how many operating systems offered tab-centric UI support in the SDKs for third party apps back then, but I'm thinking prior art will be a little hard to come by, and tabs sure as hell didn't seem like such a duh-concept back before they were ubiquitous, much less a specific object implementation of a tab control in a common UI SDK for the OS.

    After reading a few of the actual claims from some of the patents, I stopped wasting my time and discarded the whole patent table. After the TFA came out and stated that Microsoft was pure evil, which was unfortunately at the very end, I felt dirty for having even clicked. What MS is doing may be wrong, and it certainly hinders innovation, but let us not pretend that one company serving its shareholders' interests is going to be evil while another company doing the same damn thing is going to be the Shining White Knight of our fantasy.

  45. Look what happens when you play by the rules! by Sloppy · · Score: 5, Funny

    People have known for decades that it's sometime useful to give users feedback about something that takes a long time, by displaying a progress meter or at least "Please wait" or "loading" or "initializing the galaxy." When GUIs got popular, displaying it as an icon was natural. When small screens started to get more popular, it became somewhat common to eschew fixed-position widgets in favor of using the entire screen as a "content area" because there was so little to spare for scrollbars, status displays, or whatever.

    Yet despite this situation, no one could figure out how to display a loading status icon in a content area. Or at least no one easily could. But then Microsoft Research applied themselves to the problem, and with a lot of insight, experiments, trial and error, hard work, and just plain luck, they figured out how to do it. I've never seen a Microsoft handheld computer, but presumably they used the novel solution in a product. But nobody wanted it, so it died. And Microsoft, too, may some day die.

    The secret for how to display a status icon in a content area, could become lost when Microsoft dies. But no. Not willing to let their efforts be buried by the sands of time as a lost trade secret, they took advantage of patent law, which gave them a brief monopoly (a mere 20 years within the millennia that people have been doing mathematics) for which We The Public received public disclosure for how their invention works.

    And what did Google and Barnes & Noble do? They renegged on the disclosure-for-monopoly deal!! Instead of having to figure out on their own, how to display a status icon in a content area, they dishonorably read through all of Microsoft patents, learned all the secrets ("aha! That's how to display a status icon, where the icon is in the content area! Ingenious!") and defied the monopoly.

    And here you all are, blaming the victim, Microsoft. Yet without Microsoft, would you know how to display an icon inside a content area instead of outside it? Or would you be pounding your keyboards in frustration? "It doesn't compile!" or "It doesn't run right! There's my icon, but it's outside of the content area! How did they do it!" or "There's my icon inside the content area, but WTF, it doesn't say 'Loading'! How is the user supposed to know it's loading something, if I can't figure out how to make the icon say 'Loading'?!" Please, people, think of the inventors and their technical solutions. Without the monopoly, they might not have had any incentive at all, to solve the long-standing mystery.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Look what happens when you play by the rules! by Shotgun · · Score: 1

      Sir, could you please run for President so that I could have the pleasure of voting for you?

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    2. Re:Look what happens when you play by the rules! by Anonymous Coward · · Score: 0

      Indeed. And I'm sure the exact method of displaying a loading status icon in a content area employed by the Android OS has been analyzed by a jury in federal court as matching the clear and concise list of claims in the patent.

    3. Re:Look what happens when you play by the rules! by Gr33nJ3ll0 · · Score: 1

      Heck, I'd be happy just to see him debate the other candidates!

    4. Re:Look what happens when you play by the rules! by dudpixel · · Score: 1

      you owe me a new keyboard!

      --
      This seemed like a reasonable sig at the time.
    5. Re:Look what happens when you play by the rules! by Anonymous Coward · · Score: 0

      Except, as B&N pointed out, Microsoft didn't actually provide a disclosure of how the "invention" works...

    6. Re:Look what happens when you play by the rules! by Anonymous Coward · · Score: 0

      Doesn't change the fact that, based on the information presented by B&N (if it's true), Microsoft is using threats of costly lawsuits to force users of Android "infringing" on MS patents to sign license agreements that allow MS to decide what hardware, software, and REAL innovations can be used on their devices. That, my friend, is racketeering and it's a FELONY offense. It's also patent misuse and a violation of anti-trust.

      Even then, by that argument, any company can "patent" an invention, try it out, it's unsuccessful, then make it public and then get MAD when someone improves it and makes it useful. I'm sorry, but that's how the tech industry has always worked. MS, Apple and FOSS "steal" from each other all the time, yet it's legal when it's MS or Apple (or any other business entity) "stealing" from FOSS, but then it's rights to sue when a FOSS product uses ideas that, more than likely, were taken from FOSS ideas and improved. Simply because MS/Apple/Other Business has the money to patent it.

  46. That does make sense by Comboman · · Score: 5, Interesting

    That might explain why phone manufactures like Samsung and HTC (who make both Android and Windows phones) are willing to take the deal but B&N is not.

    --
    Support Right To Repair Legislation.
  47. Microsoft Doesn't Care by Anonymous Coward · · Score: 0

    Microsoft's goal is not to stomp out Android. Why would they do that since every android device nets them money without ever having to produce a phone. They are simply doing what other large companies do, get money from BS patents. They obvious didn't have any disagreement about the legitimacy before now but B&N seems more fed up with the idea. Apple goes the other route and find whatever BS patents they can to sue their top competitors in hopes to maintain superiority, that failed with Samsung since they now own the #1 selling phone spot! I think it's time for a patent rewrite, defining how they are used, length of life, and erasing all the BS patents that were approved simply for the money.

  48. Thank you Barnes and Noble by glop · · Score: 4, Insightful

    Barnes and Noble did the world a favor and maybe we can all return the favor.
    Amazon accepted to pay Microsoft while Barnes and Noble is fighting them over their absurd patents.
    At the moment many are wondering whether to buy a Kindle Fire or a Nook Color or Nook Tablet.

    I have a Nook Color and I love it.

    The stock software is ok and color children books are nice, so I would happily recommend the product to non technical people.
    The stock software can also do youtube videos etc.

    For me, the killer feature was the micro SD card that is bootable. I put Cyanogenmod on it, got the Google market etc.

    This lawsuit makes me want to recommend the Nook to more people. I used to feel the kindle fire was just the same (minus the micro SD so hacking is a bit less friendly).

    But if Amazon is paying Microsoft, then buying a Kindle Fire is scoring against the Open Source camp.

    1. Re:Thank you Barnes and Noble by decula03 · · Score: 1

      "This lawsuit makes me want to recommend the Nook to more people."

      you just did. and thank you,

    2. Re:Thank you Barnes and Noble by advocate_one · · Score: 1

      For me, the killer feature was the micro SD card that is bootable. I put Cyanogenmod on it, got the Google market etc.

      yippee!!!! now to discover if the microSD card in my Arnova 7 G2 can be bootable...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  49. Motorola Bionic... by Anonymous Coward · · Score: 0

    with the new Lapdock is a wonder! Having rtfa I am so happy to have left HTC behind and now I know that they, along with Samsung and others who signed on with Microsoft to self-cripple their own products are in some danger if this B&N story gains traction. And Google, wow, with their purchase of Moto can insure production of an Android smartphone that will be a market leading product. Will MS dare go after Google? Will HTC remain Android after handcuffing their ability to compete with Moto Android? Has MS created a new Apple in Google by picking off the weak and frightned Android OEMs? Will /.ers run out and purchase new Nokia/MS phones now that its known their combined patent arsenal is going to war? And, shame on you Amazon!

  50. Let's make a prior art site by koma77 · · Score: 1

    It is quite important that these patents are invalidated as soon as possible. Wouldn't it be a good idea to set up a website where people can submit prior art to these specific patents? Perhaps a site where also similar cases like this one can be handled?

    1. Re:Let's make a prior art site by Anonymous Coward · · Score: 0

      great idea, but probably patented

  51. the naked emperor by findoutmoretoday · · Score: 1

    a multi billion patent portfolio and then that?

  52. Re:The first thing we do, let's kill all the lawye by Anonymous Coward · · Score: 0

    Patent lawyers have replaced Personal Injury lawyers as the scum of the earth.

    What about the patent lawyers that Barnes and Noble hires to defend against Microsoft? Are they scum of the earth as well?

  53. Other Companies by high_rolla · · Score: 1

    So what happens to the companies that have already entered into an agreement with MS?

    Now that we know what the patents are, they must feel a bit embarrassed about this?

    And if B&N win on this will those other companies be able to get out of their agreements with MS?

    --
    Ryans Tutorials - A collection of technology tutorials.
  54. Reward them for their effort by Art3x · · Score: 1

    I think Barnes & Noble should get the Nobel Peace Prize.

  55. Ironic by Anonymous Coward · · Score: 0

    It is ironic that Microsoft is engaging in law suits and threats involving their patents when originally Microsoft was against software patents.

  56. And now I will be buying a pair of Nooks... by Anonymous Coward · · Score: 0

    ...for my wife and I.

    I was already in the e-ink based e-book market and have been waffling on the Kindle.

    $20 more per unit for the Nook? I am opening a tab now to buy two. And a bunch of books to follow (that's where the profit is).

    Oh look $19.99 for a protection plan per unit? Typically, I scorn protection plans. In this case: Good. Money to B&N and some tiny possibility of service to me. I'll take two!

    The real democracy is to vote with your wallet when the political process is controlled by companies.

    Seriously. I just bought two.

  57. The Nazgul ride again by Peter+Simpson · · Score: 2

    Interesting that the slide show is from Cravath Swaine and Moore, the same lawyers IBM hired when tSCOg sued them.

  58. So just break the law? by Anonymous Coward · · Score: 0

    So just because Microsoft has a patent that everyone views as "Trivial" then its okay for someone to steal the idea? What about Apple vs Samsung where they just have a patent on shape and size? I never knew you could patent a rectangle. Yet its Microsoft so haters going to hate.

    1. Re:So just break the law? by Zero__Kelvin · · Score: 1

      "So just because Microsoft has a patent that everyone views as "Trivial" then its okay for someone to steal the idea?

      Er ... ah ... no. It is impossible to steal the idea. It is like saying that, if I place the milk in front of the cheese in the refrigerator because I use it more often, someone stole me idea since they do it too. Of course, to really be on a par with Microsoft, I have to claim it was my idea even though people have been doing it since before I was born ;-)

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  59. Time to go buy a Nook by Anonymous Coward · · Score: 0

    Time to go buy a Nook, just to support B&N.

  60. NDA shouldn't even be allowed for patents by Anonymous Coward · · Score: 0

    It should be a requirement of holding a patent and using it in litigation that you MUST disclose what patents exist in the licensing agreements regardless of the rest of the NDA. Using a patent in secret shouldn't be allowed because a patent is supposed to be public. Using public property in legal proceedings or contracts should require disclosure. Maybe you won't know anything else about the agreement but the list of patent numbers, but at least you'd know which patents were actually being used, and thus could pay better attention to the possibility that licensing might be necessary (or alternatively dispute of the patents).

    Using vague patents to extort licensing but never allowing the licensee to disclose what patents were used is just evil.

    "Great business you have here. It would be a shame if anything 'happened' to it."
    [some time later]
    "It's wonderful that we were able to come to an agreement. But the first rule is: you can tell no one about the agreement."

  61. Thank you USA! by Anonymous Coward · · Score: 0

    As an Indian, I must thank the US corporations and justice system for coming up with the ridiculous patent system. All this means in the medium term - I am talking another 5-10 years, is that Indian and Chinese companies can start developing products targeted at non US countires and being able to do so much more efficiently than US companies which would sue each other to oblivion. Till now not targeting US was unthinkable, but with the progress elsewhere, especially in the BRIC countires, and EU showing some sense on software patents, there is a massive market to sell to, and it is growing day by day.

    So thanks once again for your patent system USA, and please stay the *uck away from trying to impose it in other countries!

  62. DOJ vs Microsoft - Round 2? by Anonymous Coward · · Score: 0

    How is this not racketeering? Seriously, can someone enlighten me on this? They should have been broken up 10 years ago.

  63. Patent License Agreement Clearing House? by Lorien_the_first_one · · Score: 1
    --
    The diversity and expression of human opinion is essential to human survival.
  64. utter bs by luther349 · · Score: 1

    did you read the patents.there total bs. i had a felling Microsoft had no real case with weak ass patents rember they tried this bs before with there shadow company sco and the company was destroyed in court. now that we know the so called patents they will also be tore apart in court and probably get more then b&n willing to fight back.and a nda just to talk abought your no called volition is probably illagle on its own.

  65. Re:The first thing we do, let's kill all the lawye by mjwx · · Score: 1

    Patent lawyers have replaced Personal Injury lawyers as the scum of the earth.

    Why are you insulting ambulance chasers like that?

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  66. Judicial Oversight and Android patent licensing by rsborg · · Score: 5, Insightful

    This seems like a really foolish thing for a convicted monopoly to do.

    Microsoft started it's Android patent protection program in full, and their judicial oversight just ended Both events are April 2011... clearly coincidence and happenstance.

    --
    Make sure everyone's vote counts: Verified Voting
  67. Re:The first thing we do, let's kill all the lawye by rsborg · · Score: 1

    I'm only half kidding here. Patent lawyers have replaced Personal Injury lawyers as the scum of the earth. The entire patent system needs to be re-vamped, legislation passed outlawing patent squatting and technology stifling. And a firing squad for the patent lawyers.

    Someone had this on their .sig here a while back.. "behind every sleazy lawyer is a sleazy client"... if you don't get rid of the funding, there will always be more lawyers.

    --
    Make sure everyone's vote counts: Verified Voting
  68. Re:The first thing we do, let's kill all the lawye by Anonymous Coward · · Score: 0

    Be careful of what you wish for.
    Canadians wanted copyright reform and got C-11.

    Lucky them: what if all they would get was C4?

  69. Department of Justice must Bitchslap Microsoft by Anonymous Coward · · Score: 0

    Its high time the DOJ and European Commission prevent microsofts anticompetitive acts

  70. Re:The first thing we do, let's kill all the lawye by znerk · · Score: 1

    I'm only half kidding here. Patent lawyers have replaced Personal Injury lawyers as the scum of the earth. The entire patent system needs to be re-vamped, legislation passed outlawing patent squatting and technology stifling. And a firing squad for the patent lawyers.

    Be careful of what you wish for.
    Canadians wanted copyright reform and got C-11.

    Sorry, I'm not understanding the relationship between "copyright reform" and "the Balanced Refugee Reform Act". It would appear that C-11 is related to immigration, not copyright reform?

    --
    This work is licensed under a Creative Commons Attribution 3.0 Unported License.
  71. James Watt: Monopolist by advocate_one · · Score: 2
    or how patents held back the industrial revolution... see here

    Once Watt's patents were secured and production started, a substantial portion of his energy was devoted to fending off rival inventors. In 1782, Watt secured an additional patent, made "necessary in consequence of ... having been so unfairly anticipated, by [Matthew] Wasborough in the crank motion". More dramatically, in the 1790s, when the superior Hornblower engine was put into production, Boulton and Watt went after him with the full force of the legal system.

    During the period of Watt's patents the United Kingdom added about 750 horsepower of steam engines per year. In the thirty years following Watt's patents, additional horsepower was added at a rate of more than 4,000 per year. Moreover, the fuel efficiency of steam engines changed little during the period of Watt's patent; while between 1810 and 1835 it is estimated to have increased by a factor of five.

    As far as I'm concerned, Microsoft has held back the progress of computing by possibly some 15 years from what we could have now...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  72. The day M$ becomes a patent troll ... by Taco+Cowboy · · Score: 1

    ... is the same day M$ starts marching towards oblivion

    --
    Muchas Gracias, Señor Edward Snowden !
  73. It would be the one under the "Apple" section by Anonymous Coward · · Score: 0

    It would be the one under the "Apple" section in the store.

    They would also ask "I would like an Apple iPad".

    One would also have the Apple logo on it along with the trademarked name "iPad" whilst the other wouldn't.

  74. Follow the money by ThatsNotPudding · · Score: 1

    Find the actual names of the USPTO employees that approved these patents. I'm betting they no longer work there, having long retired to the tropical island they were somehow able to purchase in cash. I'm serious here.

  75. Is this the core of the MS claims against Linux? by daboochmeister · · Score: 1

    Just curious - since Android uses Linux as its kernel, is this list of patents representative of the "best" that MS has as claims against Linux? I.e., are these the best of the famed 237 patents Ballmer claimed that Linux violates? If so ... that's, uh, pretty weak.

    --
    "Ahh! I see you're in that indeterminate Schrodinger state where - oh, uh ... never mind." Dave Bucci
  76. Re:Is this the core of the MS claims against Linux by Anonymous Coward · · Score: 0

    test

  77. Oh, Canada by alexo · · Score: 1

    >Sorry, I'm not understanding the relationship between "copyright reform" and "the Balanced Refugee Reform Act". It would appear that C-11 is related to immigration, not copyright reform?

    In Canada we reset the bill numbering after a federal elections.
    You referenced bill C-11 of the 40th (previous) parliament.
    I was talking about bill C-11 of the 41st parliament (the current one).
    Confusing, eh?

    1. Re:Oh, Canada by znerk · · Score: 1

      Wow, that is confusing - I didn't know what C-11 was, so I Googled it... and the immigration bill is what came back.

      Thanks for the clarification.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
  78. Re:Well now my touch pad... by niftymitch · · Score: 1

    My touch pad on my old laptop is older than the 2004 patent.
    Hmmm....

    I guess I need to read the rest of the patent.

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.