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BT Sues Google Over Android

phonewebcam writes "British Telecom is claiming billions of dollars of damages from Google in a lawsuit filed in the U.S. which says that the Android mobile operating system infringes a number of the telecoms company's key patents. The lawsuit, filed in the state of Delaware in the U.S., relates to six patents which BT says are infringed by the Google Maps, Google Music, location-based advertising and Android Market products on Android. If successful, the suit could mean that Google or mobile handset makers will have to pay BT royalties on each Android handset in use and which they produce."

214 comments

  1. I'll be watching this one by msobkow · · Score: 4, Interesting

    There's one big reason I'll pay attention to this one:

    filed in the state of Delaware in the US

    Patent trolls file in Texas; serious patent holders file in Delaware.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:I'll be watching this one by Anonymous Coward · · Score: 1

      >> billions of dollars of damages

      But not serious about damages, apparently.

    2. Re:I'll be watching this one by Anonymous Coward · · Score: 2, Informative

      I don't think they are patent trolls, somehow.

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

    3. Re:I'll be watching this one by JonahsDad · · Score: 5, Interesting

      I don't think they are patent trolls, somehow.

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

      Depends on your point of view. This is the company that sued (and lost) claiming a patent on the hyperlink.
      http://www.zdnet.co.uk/news/networking/2000/12/18/bt-sues-over-hyperlink-claim-2083266/

    4. Re:I'll be watching this one by goombah99 · · Score: 3, Insightful

      I don't think they are patent trolls, somehow.

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

      Depends on your point of view. This is the company that sued (and lost) claiming a patent on the hyperlink.

      http://www.zdnet.co.uk/news/networking/2000/12/18/bt-sues-over-hyperlink-claim-2083266/

      I was wondering the same thing. But the article said most of these patents were filed in the 1990s and were products of it's research department. This lends some credibility that these are not rushes to patent the obvious in a new context but rather very early research that perhaps deservedly should be rewarded for pushing technology forward.

      But it does remain to be seen. A patent on deciding if you have enough bandwidth to stream or download a file sure doesn't sound like much of an innovation.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    5. Re:I'll be watching this one by lostmongoose · · Score: 2

      This lawsuit smacks of "Holy crap, our patents are about to expire and we've done nothing with them! Let's see if there's someone we can sue over them."

    6. Re:I'll be watching this one by chrb · · Score: 3, Informative

      It is also a company that has had an Research wing for the past 91 years: BT Research. And even before that, their (Post Office) engineers conducted research into fundamental technology advances during the 19th century.

      BT may still be considered a patent troll (depending on your point of view) but understand that they are very different from the usual trolls - this is a company that has historically sold products developed from its own research, and which has a history of conducting research into communications technology that spans the better part of a century.

      Before it became BT, the research wing was part of the Post Office. They carried out research with Marconi in developing fundamental wireless communications technology in the 1890s. One of their researchers went on to develop Colossus, which was arguably the world's first programmable computer, and pivotal in the war effort. In the 1940s and 50s they developed designs for the first all-electric telephone exchanges.

      So no, not a typical patent troll.

    7. Re:I'll be watching this one by sjames · · Score: 2

      They're not professional patent trolls, but they do like to dabble. They also rattled the sabre in the '90s when they blew the dust off of some vague patents of theirs about an information retrieval system and attempted a desperate contortion to try to get royalties from the entire www.

    8. Re:I'll be watching this one by roc97007 · · Score: 1

      Perhaps not patent trolls, just really REALLY optimistic.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    9. Re:I'll be watching this one by poetmatt · · Score: 2

      not when they quote Florian Mueller in the first few paragraphs of the article, they don't. Questionable patents should have told you that outright - this is driven by pure greed.

    10. Re:I'll be watching this one by mjwalshe · · Score: 4, Informative

      As a BT employee at the time - they where on very shaky ground on this one. - The claim was based off of some arcane functionality used in PRESTEL ( a video text system) and totally ignored the prior art from 1947/48 Vadavar Bushes description of memex was a far better description of a hyper link.

      Internally all the techies thought this was a stupid idea.

      I used to work for PRESTEL and had not come across this supposed hyperlink functionality.

    11. Re:I'll be watching this one by Anonymous Coward · · Score: 0

      Please go learn about laches and come back to the conversation a more informed person.

    12. Re:I'll be watching this one by HappyPsycho · · Score: 1

      Maybe not patent trolls to the letter but they are definitely not holding to the spirit of what a patent is for, they sat on it for a while and waited for someone to come around with a service.

      Take the following sentence with a grain of salt, but if location services via google maps and music via itunes have existed for so long why target Android? I haven't actually seen the list of patents in question and maybe Android is doing something very unique (something I highly doubt). However I'm very willing to accept the articles conclusion of they are trying to monetize their patent portfolio before it expires and right now google seems to be easy pickings.

      The article's other suggestion that they don't want to piss off the handset makers themselves would be the only reasonable reason I can see apple hasn't been targeted yet. On the location side I can see google being the leader but I can't really say I know of anything google music does that iTunes and the music player on the iPhone / Touch doesn't.

    13. Re:I'll be watching this one by mirix · · Score: 1

      Yep, this was the UK's version of AT&T and Bell Labs (prior to the break up, that is).

      I seem to recall the GPO did a lot of vacuum tube logic and such in the formative years of computing, among other things....
      It's slightly different in that it was held by the crown, as opposed to the US system of a govn't granted and regulated monopoly (not state owned), but filled a similar role.

      --
      Sent from my PDP-11
    14. Re:I'll be watching this one by Phoghat · · Score: 1

      I don't think they are patent trolls, somehow.

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

      Don't know about that. the NYSE and LSE charts havethem not selling so well. If you can't produce a profit, produce a law suit.

      Any publicity is good publicity.

      --
      Think of how stupid the average person is, and realize half of them are stupider than that.
  2. Yet Another Reason... by d3ac0n · · Score: 4, Insightful

    Why allowing Software Patents is foolish. It destroys innovation and rewards established players and those with deep pockets. (It also allows the established players to pick the pockets of others, whether they are deep or not.)

    Abolish software patents. Software should be covered under copyright as it is written material. Patents are for physical objects. Not the written word (or code).

    --
    Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    1. Re:Yet Another Reason... by Theaetetus · · Score: 2, Informative

      Why allowing Software Patents is foolish. It destroys innovation and rewards established players and those with deep pockets. (It also allows the established players to pick the pockets of others, whether they are deep or not.)

      Software patents have been around for almost 30 years. You say they've destroyed innovation - do you have any evidence? I think computers have advanced pretty far since the 80s.

      Patents are for physical objects.

      The very first patent category mentioned under 35 USC 101 is "process". Are "processes" physical objects? That line has been in the statute since the mid-1800s, so patents clearly are not just for physical objects.

    2. Re:Yet Another Reason... by Anonymous Coward · · Score: 0

      Windows.

    3. Re:Yet Another Reason... by d3ac0n · · Score: 4, Insightful

      Except that "process" in the patent system refers to manufacturing processes. Still tied intrinsically to the physical world. Modern lawyers have shoehorned written software into the patent world by calling it "A system or method or process".

      I'm saying we should disallow this and eliminate all software patents.

      You say the software world has done pretty well under patents, I say that so few companies were writing software until the last 10 years that almost nobody ran into issues with it. Back in the '60's when software was first allowed to be patentable they were still using PUNCH CARDS and computers filled whole rooms! Maybe 100 people on the PLANET could write software, and most of them knew each other, so patents weren't an issue.

      Now that software is everywhere we are running into the hard limits of the patent system and innovation by anyone other than the giants is suffering.

      I'm a dyed-in-the-wool capitalist, so believe me, my opinion is not formed from some communistic desire to eliminate profit. My desire is to unlock the potential of software and software writers to bring us new and innovative ideas and allow the little guy some room to join in without the big guys monopolizing the market.

      I want everyone to have a chance to maximize their profit through honest marketplace competition, and to stop the minimizing of that marketplace by the artifice of patents.

      --
      Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    4. Re:Yet Another Reason... by 0xdeadbeef · · Score: 2

      do you have any evidence? I think computers have advanced pretty far since the 80s.

      You pathetic humans are still using computers with your fingers.

    5. Re:Yet Another Reason... by JWW · · Score: 1

      Yes, that's true, computers do processes.

      But, if there had been a patent on a Turing Machine, it would be expired by now.....

      So, yeah, software patents are stupid.

    6. Re:Yet Another Reason... by Theaetetus · · Score: 3, Informative

      Except that "process" in the patent system refers to manufacturing processes.

      [Citation needed]. The statute doesn't say "manufacturing process," it says "process". If Congress wanted to restrict it only to manufacturing processes, they could have at any point in the past 150 years.

      Still tied intrinsically to the physical world. Modern lawyers have shoehorned written software into the patent world by calling it "A system or method or process".

      No, we haven't (and yes, I am a patent attorney). There are no patents that claim "A system or method or process." A claim has to be directed to a single statutory category, by definition.

      I'm saying we should disallow this and eliminate all software patents.

      Yes, but you haven't said why. I understand you hate software patents, but you haven't come up with any good reasons to abolish them. Your statutory argument (process=manufacturing process) is incorrect, and your procedural argument (patent attorneys somehow game the system, contrary to the law) is based on a false premise.

      You say the software world has done pretty well under patents, I say that so few companies were writing software until the last 10 years that almost nobody ran into issues with it.

      ... so few companies were writing software in the 1990s?!

      I don't mean to be insulting, but really? The 1990s dotcom bubble? The growth of open source software? The founding of Slashdot, for chrissake?

      Back in the '60's when software was first allowed to be patentable they were still using PUNCH CARDS and computers filled whole rooms! Maybe 100 people on the PLANET could write software, and most of them knew each other, so patents weren't an issue.

      Yes, and patents have existed this entire time. And look at where we are now. IF we were still using punch cards, then you'd have a good argument that software patents stifled innovation. But we aren't. You're agreeing with my point - software has advanced incredibly far over the past 40 years, so any claim that software patents stifle innovation has a really high bar to jump.

      Now that software is everywhere we are running into the hard limits of the patent system and innovation by anyone other than the giants is suffering.

      I'm a dyed-in-the-wool capitalist, so believe me, my opinion is not formed from some communistic desire to eliminate profit. My desire is to unlock the potential of software and software writers to bring us new and innovative ideas and allow the little guy some room to join in without the big guys monopolizing the market.

      I want everyone to have a chance to maximize their profit through honest marketplace competition, and to stop the minimizing of that marketplace by the artifice of patents.

      You still haven't showed that the marketplace is minimized.

      I know you want it to be true that software patents are horrible things, but so far, you've only got the circular argument, "software patents are bad, therefore software patents are bad." And your evidence leads to the opposite conclusion - you've said "look at how far we've advanced since the 1960s, and the already-lightning pace of software development is increasing even over the past 10 years... so therefore software patents (which have existed the entire time) are bad, or something."

    7. Re:Yet Another Reason... by psxndc · · Score: 0

      I <3 the eff out of you.

      Alas, I should have previewed.

      --

      The emacs religion: to be saved, control excess.

    8. Re:Yet Another Reason... by vadim_t · · Score: 1

      Software patents have been around for almost 30 years. You say they've destroyed innovation - do you have any evidence? I think computers have advanced pretty far since the 80s.

      Destroys, not destroyed. As in, it's happening right now, and is an ongoing process.

      In other words, it heavily limits it. Look at the mess in the industry right now: everybody is suing everybody else. Huge amounts of money are going on that. That money is going on lawyers and paper pushing, instead of research, development, and manufacturing something new.

      Also, who in their right mind would stick their nose into such a battlefield? That's a negative effect of it right there. To enter the market at all and survive you need to be Google sized, and even then it's troublesome to say the least.

      The very first patent category mentioned under 35 USC 101 is "process". Are "processes" physical objects? That line has been in the statute since the mid-1800s, so patents clearly are not just for physical objects.

      IMO, unimportant. Who cares what a 200 year old document says? We're living in 2011, not in the 1800s, if something made back stopped working well, then the proper thing to do is to rethink things, not to stick to ages old principles because it's "tradition" or some nonsense like that.

    9. Re:Yet Another Reason... by vadim_t · · Score: 2

      Have you ever thought that if so many people who work in the field are against them, then maybe they have a point?

      I'm a software developer. I look at this mess and feel very glad that at least this insanity didn't get here yet. And I'm going to do what I can to keep it that way.

    10. Re:Yet Another Reason... by psxndc · · Score: 0

      I was a software developer, and still occasionally write software as a hobby. My problem is that unlike a coding project, there is no architecture - no design aspect - of software developers' responses to the software patent "problem." Instead it's all weeping and gnashing of teeth and banging away furiously on the keyboard.

      No one is forming cogent, well-thought out rebuttals to the "problem," so no, I don't think they have a point. They don't bother understanding the enemy as it were - as evidenced by the oft repeated fallacy of quoting the abstract instead of the claims, or failing to look at the file history - and instead just write mad. I don't respect that approach, or lend its arguments it much weight.

      --

      The emacs religion: to be saved, control excess.

    11. Re:Yet Another Reason... by psxndc · · Score: 1

      And, for what it's worth, there ARE problems with the system, patent trolls being the primary one. I am not defending the patent system as being perfect, far from it. I'm just saying that software is no different than any other field and inventors that innovate in the software field are entitled to no less protection than someone that develops hardware, or a new drug.

      To the extent developers feel otherwise, I haven't seen a calm, and rationale counter-argument.

      --

      The emacs religion: to be saved, control excess.

    12. Re:Yet Another Reason... by vadim_t · · Score: 3, Interesting

      Personal take:

      My job is to get things done. When I have a task to accomplish, I want to accomplish it by the most efficient and quick way possible. Patents get in the way by doing it so there are solutions I can't use and must work around for no good technical reason.

      That could be a tradeoff if there was something in them for me, but there isn't. Patents are mostly useless for single developers and small companies, so from my point of view they're always a weapon that can be used against me, but that I can never wield.

      Since there's no reason for me to support them, I don't.

      Wider take:

      Looking at the industry, software patents horribly fail at the promotion of "the Progress of Science and useful Arts" they're supposed to be doing. They're instead used as WMDs and to force negotiation. Look for instance at the current mess in the phone area: Both Apple and Samsung are warring with each other, but both already have existing products. Meaning, the "progress of science and useful arts" has already happened, and all those patents are getting used for is for trying to remove the other's product from the market, which would result in diminishing the "progress of science and useful arts", going against the stated intention.

      Patents are a means to an end, that being said progress, not an end in themselves. If progress is already happening, then patents aren't needed, and if patents result in the rolling back of said progress, then they're actually being damaging.

      They don't bother understanding the enemy as it were - as evidenced by the oft repeated fallacy of quoting the abstract instead of the claims, or failing to look at the file history - and instead just write mad. I don't respect that approach, or lend its arguments it much weight.

      This in my view mostly unimportant. The way I see it, software patents are horribly failing from the general point of view. The important thing is the cumulative effect they're having, and it's heavily detrimental. If things are obviously wrong at the high level point of view, then people not getting the low level details right doesn't suddenly make the overall situation good. It just means that people see there is a problem but are failing at finding the right cause for it.

    13. Re:Yet Another Reason... by Anonymous Coward · · Score: 1

      (and yes, I am a patent attorney).

      That's all you needed to say. Now we know we can safely ignore your extremely biased perspective.

    14. Re:Yet Another Reason... by jez9999 · · Score: 2

      No one is forming cogent, well-thought out rebuttals to the "problem,"

      Oh, yeah, I should've remembered to link to the various software products that would've existed if software patents hadn't been around to show how things would've been better if software patents hadn't been around.

    15. Re:Yet Another Reason... by Anonymous Coward · · Score: 0, Insightful

      And all the anti-software patent people should preface their posts with "I'm a software developer" so we can ignore their biased perspective as well. Everyone has bias, there is no true neutral perspective. You can't just discount someone's argument because you don't like their profession. It's your job as a reasonable thinker to filter out the bias and evaluate the facts, and form a conclusion from there.

    16. Re:Yet Another Reason... by Anthony+Mouse · · Score: 5, Insightful

      To the extent developers feel otherwise, I haven't seen a calm, and rationale counter-argument.

      The obvious problem if you're expecting citations to caselaw or statutes is that developers don't know anything about that stuff. They see the results, they don't like them, they complain about it.

      But let me see if I can help you understand the frustration:

      Let's put software patent holders into three classes: Larger practicing entities (e.g. Microsoft), smaller practicing entities (start-ups) and non-practicing entities (trolls). The problem is this: Consider what happens in the interaction between members of each class.

      It sounds like you already agree that the trolls are a problem, so l won't expound upon that other than to say that it's a serious problem when actual innovators can be stopped in their tracks by an army invincible trolls that never have to defend and so can keep attacking until they win.

      So let's consider the interactions between the two remaining classes of software patent holders. The least problematic is interactions between two smaller companies, because there basically aren't any; neither is worth the other's time. But neither do these non-interactions provide anyone any benefit. They just don't happen at any scale. Next least problematic is the interactions between two larger companies, because they generally just cross-license. This isn't the most serious problem, but it does have the tendency to create a wealth transfer from smaller large companies to larger large companies, since the latter naturally tend to have more patents, and that can be seen as undesirable. (The largest companies have enough advantages, thank you.) Moreover, it creates a large inefficiency, because most patents are just used in cross-licensing negotiations to cancel out the other guy's patents, so that the whole exercise becomes a giant waste of resources because each side would be better off if neither had any patents (because they didn't exist) than to have to file, prosecute and negotiate only to came to the same result: a cross-license that cancels out the respective efforts of each company with those of the other.

      But the most serious problem is the last: Interactions between major companies and start-ups. This is where the patent system is supposed to make up for itself, by preventing a large company from copying the little guy's product with impunity. The problem is that because of the way software patents work, and the way software works, unlike in other industries you just can't make a significant product that doesn't infringe major companies' software patents. They have too many that are too broad, and even if you think you can win you certainly can't afford to litigate it as a small company. So you the patent system is worse than nothing for the little guy, because it allows larger companies to crush them with patent litigation at will. If the larger company wants to infringe their patents, all they have to do is hang the threat of litigation over them before the larger company starts infringing, which puts the little guy over a barrel and allows the larger company to extract a license. Or just force them to accept a buy out for millions instead of billions. The only way a smaller company can defend itself is by discontinuing its product and becoming a patent troll, which as far as I can tell is the single most abominable result possible.

    17. Re:Yet Another Reason... by psxndc · · Score: 2

      First, thank you for your well-thought out response. I sincerely mean that, and I really do appreciate actual debate on this. You raise some fair points, although I disagree that smaller companies interacting doesn't benefit anyone; they may form a partnership based on a mutual use of their respective technologies and establish a market foothold that neither could individually.

      Second, and I realize this is a little unfair to raise it at this stage, but I don't see how software patents are special or should be treated with any differently than any other technology. None of your examples hinge on the technology being software - those scenarios apply in the biology world or semiconsiductor world as well. Why is it that software patents specifically should be abolished? Or are you arguing that the entire patent system should go?

      --

      The emacs religion: to be saved, control excess.

    18. Re:Yet Another Reason... by iceaxe · · Score: 1

      I think I concur, for the most part.

      The patent system was created for a reason, and the "right or wrong" of software patents should, in my opinion, be judged against that intent, not against whether a legislative body notorious for its own failure to achieve stated intent has seen fit to alter it. I do not have data to judge whether the majority of software patents or related infringement suits are being used in a manner consistent with the intent of the patent system. I know that my subjective impression of software patents is highly negative, no doubt influenced by the fact that only the really egregious instances of abuse come to my attention via various sources of reporting. It may well be that the majority of software patents and the litigation of the same is wholly consistent with the intent of the system. I do know that many of the software patents of which I've become aware are so stupidly obvious to a practitioner in the field (of which I am one) that the system of reviewing and granting such patents appears to be quite thoroughly dysfunctional.

      I suspect that because the system as it is benefits most those with the most financial resources, along with the fact that the same could be said of the legislative body whose task it is to set the rules, the current system will continue to tilt ever further against everyone else until it collapses. I have no reasonable hope that those who wield the purse strings of political campaigns will recognize the need for balance in their own long term interest, and bring their pet representatives to heel before that point. This tends to leave me eager to see the collapse, though apprehensive of the fallout.

      --
      WALSTIB!
    19. Re:Yet Another Reason... by psxndc · · Score: 1, Insightful

      Thank you for responding. I see where your coming from, I do, but I disagree.

      You view it as "working around for no good reason" but the exclusivity right granted by patents are how they are supposed to promote the useful arts and sciences. You having to work around it means you have to come up with a new and different way of doing it. If it's worse, and the person that has the patent came up with THE best way to solve a particular problem, shouldn't they be rewarded for that ingenuity? If it's not THE best way to do it, maybe their patent will force you to find a better way, thereby promoting the arts and sciences.

      Removing existing products from the market doesn't have any impact on the promotion of arts and sciences; designing around the existing patents is what causes that.

      As I've said in response to others, I don't see why software should be treated any differently than any other technology area. You haven't given me a reason they should.

      --

      The emacs religion: to be saved, control excess.

    20. Re:Yet Another Reason... by GSloop · · Score: 1

      Best freeking summary of the problem I've ever read. Excellent Sir!!

      Mod parent UP - WAY UP!

      -Greg

    21. Re:Yet Another Reason... by psxndc · · Score: 1

      Thank you for the sarcasm. Your non-contribution to the topic is duly noted. Please see any of the other responses; they are moving the conversation forward.

      --

      The emacs religion: to be saved, control excess.

    22. Re:Yet Another Reason... by mjr167 · · Score: 3, Interesting

      I am currently in the process of filing a software patent because management directed me to. If you asked me, I (and everyone else who worked on the software) would tell you that our software is stupid. Anyone else who sets out to solve the same problem we did would probably end up solving it the same way. It is not innovative. We were told that the success of our project is measured by the amount of IP filed and so we made some crap up to look like IP so management would be happy and we would look successful. The reality is we have crap. Management, however, decided that our idea was great and sent it off to some patent lawyer who is currently trying to make it look innovative and unique. The best part is, another company already has a patent for a product that already does what we did, but they did it the correct way, not the cheap dirty way that doesn't really work.

      That is why the software patent system is broken. We, the engineers, know the patent is crap. We, the engineers, get paid nice bonuses for filing IP and our projects' success are measured by how much IP we file each year. Ergo, we want to be successful, well paid engineers, so we file crap IP and management somehow buys into it. A patent lawyer then gets paid a boatload of money to make the crap idea look good, and I seriously doubt cares if the idea is crap or not. In then end a lot of money is going to be wasted and if someone else sets out to solve the same problem we solved and stumbles across our obvious solution, they are going to get sued.

    23. Re:Yet Another Reason... by DM9290 · · Score: 3, Interesting

      Software patents have been around for almost 30 years. You say they've destroyed innovation - do you have any evidence? I think computers have advanced pretty far since the 80s.

      Straw man. The issue is whether 'software' has advanced, not "computers".

      Computer hardware is not protected by software patents. Computer hardware is protected by patents on physical devices and physical processes.

      The majority of profound changes to computing over the past 30 years have been in HARDWARE and in public software that is not covered by patents.

      Your argument that "computers have advanced pretty far" is misleading and irrelevant.

      I would not claim software patents have "destroyed innovation" but the onus for proving that software patents are justified is on the party who is making that claim. If you are merely claiming that software patents are LAWFUL, then perhaps you are correct, but if you are claiming software patents actually ENCOURAGE software inventions, you have no evidence and you need to provide it.

      Patents are a limitation to freedom of expression and thus every single patent must be justifiable and every single law granting patents must be justifiable on the basis that it actually truly encourages the advancement of the art and knowledge into the public sphere and not merely the enrichment of private pockets.

      You could probably find many software developers, myself included, who would say that software patents have done absolutely NOTHING to encourage us in this art.

      The best evidence in favor of software patents would be if the vast majority of software writers (the people who actually practice the art), come forward and ask the state to grant us such monopoly rights. But it was not us who asked. Who are the famous computer scientists who made the most significant contributions to this field who have claimed it was patent law that encouraged them to invent software?

      To lay people it hardly matters whether or not there are patents on certain technology. Patents are intended to encourage the CREATORS by giving us incentives. But software patents are shackles on us as well. The creators who are the ones who are advancing the art, are the ones who should be asked, not patent trolls, not patent lawyers. The purpose of patents is NOT so that anybody can make money. The purpose is to advance the art. The artists are the ones who know best what assistance the government can give (if any) to this objective.

      PS: for the record, I'm in favor of copyright over software. (but limited to 14 years or something like that -- not the current absurd term of 70 years after death).

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    24. Re:Yet Another Reason... by Missing.Matter · · Score: 2

      That money is going on lawyers and paper pushing, instead of research, development, and manufacturing something new.

      It's not a zero sum game. If that money weren't spent on lawyers it might be spent on marketing. Or executive salaries. I mean, look at Apple; they're sitting on billions in cash. It's not like they're not investing in more in R&D because they're busy suing everyone. They invest as much as they need to and no more.

      To enter the market at all and survive you need to be Google sized, and even then it's troublesome to say the least.

      It's not like eliminating software patents would change this. Entering the cellphone market is still a giant task. You need supplier relations, distributors, manufacturing, high cost of R&D, regulation compliance, and to top it all off there are hardware patents still! Any company willing to invest in those areas are going to be able to brave software patent litigation.

    25. Re:Yet Another Reason... by oxdas · · Score: 1

      Software patents in their current form have only been around in the U.S. since 1994 and Alappat. Prior to that case, the kinds of software patents people are concerned about were not issued by the USPTO. It takes time to build up enough patents to start hindering innovation.

    26. Re:Yet Another Reason... by psxndc · · Score: 1

      This is not legal advice, but if you don't think it's new, useful, or nonobvious, I'd reconsider signing the Oath/Declaration that your patent attorney gives you. Or at least I'd reconsider posting about your misgivings on slashdot.

      Fraud on the Patent Office is grounds for inequitable conduct which, if your patent is granted - and maybe the Patent Office will do it's job and it won't be granted - inequitable conduct will nullify everything that was done.

      I'd also make sure you tell your patent attorney to cite that other company's product and patent to the patent office (see above). You have a duty to disclose anything material to the patentability of the claims.

      Again, not legal advice, just sayin'.

      --

      The emacs religion: to be saved, control excess.

    27. Re:Yet Another Reason... by psxndc · · Score: 1

      And from this example, it actually sounds like your management is broken, not the patent system itself.

      --

      The emacs religion: to be saved, control excess.

    28. Re:Yet Another Reason... by Anonymous Coward · · Score: 0

      I believe I've read hundreds of software patents starting with "A system or method or process"

      The first paragraph from Apple's Slide to unlock..

      What is claimed is:

      1. A method of unlocking a hand-held electronic device, the device including a touch-sensitive display, the method comprising: detecting a contact with the touch-sensitive display at a first predefined location corresponding to an unlock image; continuously moving the unlock image on the touch-sensitive display in accordance with movement of the contact while continuous contact with the touch screen is maintained, wherein the unlock image is a graphical, interactive user-interface object with which a user interacts in order to unlock the device; and unlocking the hand-held electronic device if the moving the unlock image on the touch-sensitive display results in movement of the unlock image from the first predefined location to a predefined unlock region on the touch-sensitive display.

      So really..??? You're telling me the vagueness of "A method, process",etc... doesn't exist in the USPTO? Care to try again?

    29. Re:Yet Another Reason... by Missing.Matter · · Score: 1

      Large companies have a million ways to crush small companies. It's not as if small companies only started being dominated after software patents became prevalent. If your competive advantage is "I'm only profitable if X company doesn't notice me" then maybe you don't have the best business plan on the block, because if X company can't crush you with software patents he'll crush you some other way.

    30. Re:Yet Another Reason... by Anonymous Coward · · Score: 1

      Normal, physical patents cover methods of doing things. For example, you might a patent on a particular type of spark plug.

      The patent is not on all spark plugs, or on the idea of a spark plug, but rather some particular new, more efficient type of spark plug. A company using spark plugs can pay to license the patent, or just choose not to use the new spark plugs.

      In software, patents often cover ideas, not methods of doing them. That is, they patent the idea of a spark plug, not the implementation. For example, the Amazon "one click" patent cannot be "worked around" by simply implementing things differently, because they've patented the entire idea. If normal patents worked liked software patents, it would be illegal to build a car without licensing hundreds of patents, because the idea of a door, the idea of an engine, the idea of a steering wheel, the idea of an accelerator pedal... would all be patented.

    31. Re:Yet Another Reason... by poetmatt · · Score: 1

      I get the point here, but I'd say that software patents and the original agreement and intentions of patents vs today's patenting are so far out of wack I don't know where to begin.

      I mean how does a patent fund progress these days, also considering that patents don't disclose source code, for example? Did I miss any other part of the original patent promise which is no longer upheld?

      When people say "abolish software patents" they probably would be more accurate for the attorneys if they said "change the patenting structure for software", but then again abolish is a strong word I suppose. Truthfully if software patents were in the 3-5 year range the issue of simply being able to obtain them wouldn't even exist. It does (and it has been proven through studies) slow down innovation in technology.

    32. Re:Yet Another Reason... by Chibi+Merrow · · Score: 1

      To the extent developers feel otherwise, I haven't seen a calm, and rationale counter-argument.

      Let's turn this around a bit... Can you actually come up with an example of a "software innovation" that's honestly worthy of being patented? I've yet to see one, or at least one that was involved with a lawsuit.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    33. Re:Yet Another Reason... by oxdas · · Score: 2

      I will take a crack at why software patents are bad.

      #1 - Purpose. Patents, at least according to the U.S. Constitution, exist to "promote the Progress of Science and useful Arts." Traditional patents achieve this by requiring enough information in the patents application to allow a person skilled in the art to replicate the invention. Most modern software patents don't include code or other information that would allow someone to replicate their efforts. Therefore, they are not fulfilling the purpose of a patent.

      #2 - Idea vs. Implementation. Since 1994 and Alappat, software patents have been granted on ideas and Mathematics. If I designed and built a new fusion engine for cars, would I be granted a patent on the very concept of fusion "on an automobile?" This is a problem with software. There is an infinite number of ways to create any piece of code. If patents only covered specific implementations (already covered by copyright), then circumventing the patent would be trivial. Only by granting patents on the idea itself, do patents on software have any relevancy.

      #3 - A recent development. The nefarious kinds of software patents have only been widely issued since 1994. It takes time for there to reach a critical mass of these kinds of patents to begin to hinder innovation. The question for software patents is not "Have they hindered innovation?", but rather, "Are they hindering innovation?"

      I like patents. I don' t like software patents because I can't conceive of a system that would be relevant and yet not grant monopolies on ideas. I believe as more and more ideas are monopolized, innovation, at least in the U.S, will become increasingly difficult. It is an important issue that needs to be addressed. For the record, I don't blame the USPTO for this mess. I blame the courts for issuing unconstitutional decisions and Congress for not rectifying the situation.

    34. Re:Yet Another Reason... by psxndc · · Score: 2

      Not true. Patents on software cover specific ways of doing things, the same as sparkplugs. Using your example, Amazon's one-click patent is not on the idea of all one click shopping, it is on a specific way of doing it. Claim 1 reads:

      1. A method of placing an order for an item comprising:

      under control of a client system,

      displaying information identifying the item; and

      in response to only a single action being performed, sending a request to order the item along with an identifier of a purchaser of the item to a server system;

      under control of a single-action ordering component of the server system,

      receiving the request;

      retrieving additional information previously stored for the purchaser identified by the identifier in the received request; and

      generating an order to purchase the requested item for the purchaser identified by the identifier in the received request using the retrieved additional information; and

      fulfilling the generated order to complete purchase of the item

      whereby the item is ordered without using a shopping cart ordering model.

      If you do something that is different than any of these steps, e.g., you do use a shopping cart model and periodically the cart object is polled and processed, then you aren't infringing the patent (this is not legal advice). I am just spitballing here too. Or if you don't "retrieve additional information," in response to the click and instead load it at the beginning of the session, you don't infringe the patent (again, not legal advice). And that's without me even looking at the file history to see what other concessions they made.

      They didn't patent the idea of one-click, they patented a specific way of doing it. You can license the patent or just choose not to use the Amazon one-click method.

      --

      The emacs religion: to be saved, control excess.

    35. Re:Yet Another Reason... by Theaetetus · · Score: 0

      Software patents have been around for almost 30 years. You say they've destroyed innovation - do you have any evidence? I think computers have advanced pretty far since the 80s.

      Straw man. The issue is whether 'software' has advanced, not "computers".

      Computer hardware is not protected by software patents. Computer hardware is protected by patents on physical devices and physical processes.

      The majority of profound changes to computing over the past 30 years have been in HARDWARE and in public software that is not covered by patents.

      Your argument that "computers have advanced pretty far" is misleading and irrelevant.

      /s/computers/software. Better?
      Software patents have been around for almost 30 years. You say they've destroyed innovation - do you have any evidence? I think software has advanced pretty far since the 80s.

      Additionally, I disagree that most of the changes over the past 30 have been in hardware. My network keeps getting faster and faster even though I'm still using the same Cat 5 cables. Advances in intelligent caching, compression, TCP pooling and multiplexing, etc. are all software advances.

      I would not claim software patents have "destroyed innovation" but the onus for proving that software patents are justified is on the party who is making that claim. If you are merely claiming that software patents are LAWFUL, then perhaps you are correct, but if you are claiming software patents actually ENCOURAGE software inventions, you have no evidence and you need to provide it.

      Evidence: software patents have been around for 30 years, and software has had thousands of innovations in that time. We lack the ability to explore direct causation, so correlation is circumstantial, but significant evidence.

      Do you have rebuttal evidence? Or will you just claim that because we cannot explore direct causation, all evidence should be thrown out?

      Patents are a limitation to freedom of expression

      No, they aren't. My patent doesn't prevent you from expressing yourself. It may prevent you from selling a device, or may prevent you from importing a piece of software, but you are free to rant about it all you like.

      Patents are a limitation on freedom of expression in the same way that my house limits your freedom of expression: you don't have a right to express yourself in my living room, so your liberties are being curtailed, right? Not really. Just get off my lawn.

      and thus every single patent must be justifiable and every single law granting patents must be justifiable on the basis that it actually truly encourages the advancement of the art and knowledge into the public sphere and not merely the enrichment of private pockets.

      Not at all. The patent act must be justifiable as encouraging the advancement of the art. No individual patent has to do so. I can patent something utterly silly, or even something fraudulent. I can patent gambling machines. I can patent a machine that turns itself off. The Constitutional mandate to encourage innovation is justification for giving Congress the power to grant patents, not an order to each individual inventor.

      You could probably find many software developers, myself included, who would say that software patents have done absolutely NOTHING to encourage us in this art.

      Sure, but I can find many software developers, probably yourself included, who would say that white papers have done a ton to encourage you in the art. And white papers are public disclosures, which are encouraged by the patent act. Prior to patents, people kept everything as trade secrets. And publishing something - like a white paper - destroyed the trade secret and destroyed any rights to it. So, people did not publish.

      With the availability of patents and their requirement of public disclosure, there is no disincentive to publicat

    36. Re:Yet Another Reason... by Anthony+Mouse · · Score: 5, Insightful

      You raise some fair points, although I disagree that smaller companies interacting doesn't benefit anyone; they may form a partnership based on a mutual use of their respective technologies and establish a market foothold that neither could individually.

      Sure, they can form a partnership if their technologies are complementary, but couldn't they do that regardless of software patents?

      Second, and I realize this is a little unfair to raise it at this stage, but I don't see how software patents are special or should be treated with any differently than any other technology. None of your examples hinge on the technology being software - those scenarios apply in the biology world or semiconsiductor world as well. Why is it that software patents specifically should be abolished? Or are you arguing that the entire patent system should go?

      Software is a different animal because it has effectively zero reproduction costs. The consequence is that you get the kitchen sink with everything. There is no feature that must be left out because it costs too much to manufacture.

      It means that everything is infringing everything because everything includes everything. If you invent a new brake disc for a car, you don't include a free car with every brake disc you sell. In software, you do, because including the rest of the car has no cost. You can include every kind of car and truck ever made, every different kind of tire, the road, a garage full of lifts and tools and a variety of petroleum refineries and electrical generating stations to provide fuel for the various cars. All by just including a few libraries. And users expect these things. Your competitors have them. Which makes the surface area for possible infringement expand to completely unmanageable proportions.

      It breaks an assumption the patent system is built on, which is that non-obvious combinations of prior art stuff are unlikely to be created at random. When you can combine everything with anything for free, getting those otherwise unlikely combinations without even trying suddenly becomes extremely likely. Independent invention becomes the rule rather than the exception. Which leads to all of these problems.

    37. Re:Yet Another Reason... by Theaetetus · · Score: 1

      Software patents in their current form have only been around in the U.S. since 1994 and Alappat. Prior to that case, the kinds of software patents people are concerned about were not issued by the USPTO.

      You're forgetting Parker v. Flook, Gottschalk v. Benson, and Diamond v. Diehr, stretching from the early 70s into the early 80s.

      It takes time to build up enough patents to start hindering innovation.

      So, your position is that software hasn't advanced in the past 17 years? Or some period less? Where is your line, after which software innovation has been stifled?

    38. Re:Yet Another Reason... by mjr167 · · Score: 1

      Oh, the other patent is just as stupid and obvious as ours and the patent office granted it. The lawyer sent it to us as an example of what kind of documents he wanted from us :P You guys have a real special gift for being vague and then lighting on one minor detail to differentiate two implementations. "See... we are totally different cause we have Phillips screws instead of flat screws..." or something equally stupid like "we used the internet!" or "we did it on a mobile device!"

    39. Re:Yet Another Reason... by Rob+Y. · · Score: 2

      This has become a much bigger problem recently, because the patent office has been rubber-stamping patents of the form 'do this thing that's always been done, but do it on a mobile device'. Or '...do it with a gesture on a touch screen'. I agree that the mobile device (i.e. the method of supporting TCP/IP over a cellular system) may well be patentable. Likewise the physical multi-touch screen should be patentable. But email over cellular IP is not even an innovation - it's email (there have been 'push' communications before). And patenting specific gestures is like patenting new words in the language.

      So, it may not be that 'software patents are always bad patents'. But they are bad patents in so many cases, that, without a better way to sort the good from the bad, abolishing them does less harm than continuing to grant them.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    40. Re:Yet Another Reason... by Anthony+Mouse · · Score: 1

      Large companies have a million ways to crush small companies.

      Then we best not make it a million and one. One thing at a time.

      More than that, the point of the patent system is supposed to be to protect the little innovator against the big bad infringer. But it can't very well do that if the same patent system is too busy bankrupting the same little innovators with patent litigation by big companies. And if it fails at its intended purpose but creates significant overhead and litigation costs then what good is it?

    41. Re:Yet Another Reason... by oxdas · · Score: 1

      The issue, in my mind at least, is allowing ideas and math to be patented simply by placing them on a computer (outside of any other context or machine). That idea comes to fruition in 1994 and 1995. Gottschalk upholds the idea that software, by itself is not patentable. Diamond says software can be considered in the context of an entire machine. Parker was similar. None of these cases would lead directly to software or Math simply "on a computer" being patentable. So no, I don't see them as relevant.

      "So, your position is that software hasn't advanced in the past 17 years?" Thank you for the excellent example of the false dichotomy fallacy. While I don't think we can measure real versus potential innovation, we do have some indicators. For example, a rise in software patent litigation diverts resources that could otherwise be used for development.

      I am curious, do you dispute that ideas and Mathematical algorithms are being patented "on a computer?"

    42. Re:Yet Another Reason... by vadim_t · · Score: 2

      You view it as "working around for no good reason" but the exclusivity right granted by patents are how they are supposed to promote the useful arts and sciences.

      But see, I don't think useful arts and sciences are being promoted.

      You having to work around it means you have to come up with a new and different way of doing it. If it's worse, and the person that has the patent came up with THE best way to solve a particular problem, shouldn't they be rewarded for that ingenuity?

      No. Absolutely not.

      Patents are supposed to promote the useful arts and sciences, period. They're not a reward, nor an inherent property right. Their only purpose is to incentivize creation: so that I don't stop working on something new due to a fear of it being immediately copied by some conglomerate. If both me and the other guy would have done the same work without patents, then patents are unnecessary. And anti-conglomerate protection by patent is pretty much inexistent.

      We're currently in a situation where people avoid entering markets because of the mess with patents, which shows that the situation is precisely the reverse of what it should be.

      If it's not THE best way to do it, maybe their patent will force you to find a better way, thereby promoting the arts and sciences.

      That however doesn't seem to be happening in the software market. There are a precious few things I would consider really worthy of a patent. The vast majority of code is either a straightforward solution to the problem being solved, or some sort of ugly hack, and those get patented anyway.

      Removing existing products from the market doesn't have any impact on the promotion of arts and sciences; designing around the existing patents is what causes that.

      By "promotion of arts and sciences" in this case I understand "more stuff to choose from in the market". Thus the ideal case is where I can choose to buy the Galaxy Tab, iPad, and 20 other products. One of those managing to remove the rest from the market is undesirable for me as a consumer, and I have no reason to support such a thing.

      As I've said in response to others, I don't see why software should be treated any differently than any other technology area. You haven't given me a reason they should.

      Because, like I said, patents are a means to an end. They're a tool like sanctions, tax breaks, tariffs, subsidies and such. When a subsidy is granted to farmers due to a strategic interest in having a domestic food supply, nobody expects the rest of the country's industry to receive the same subsidy. Same here. Just like not all industries need subsidies, not all industries need patents.

      Aside from that, I'm not convinced that patents are needed at all, but: I'm not familiar enough with the other industries to say that for sure, and that seems like far too ample of a subject to properly discuss here. I'm just concentrating on what I'm most familiar with and the original topic of the discussion.

    43. Re:Yet Another Reason... by Theaetetus · · Score: 1

      "So, your position is that software hasn't advanced in the past 17 years?" Thank you for the excellent example of the false dichotomy fallacy.

      Thank you for an excellent example of quoting out of context and cherry picking. Here's the full quote:

      So, your position is that software hasn't advanced in the past 17 years? Or some period less? Where is your line, after which software innovation has been stifled?

      It's interesting that you see a dichotomy when I'm asking where, across a continuum, you place the line.

      Now, are you going to answer the question, or are you going to keep trolling?

      While I don't think we can measure real versus potential innovation, we do have some indicators. For example, a rise in software patent litigation diverts resources that could otherwise be used for development.

      But that doesn't mean that there is greater potential innovation. Rather, a rise in software patent litigation is a sign that companies find it cheaper to litigate than to license. That's it.

      I am curious, do you dispute that ideas and Mathematical algorithms are being patented "on a computer?"

      Not at all, but that's not a problem. Mathematical algorithms are also patented "in a machine", such as the gear ratios in a clock. Are you saying clocks shouldn't be patentable?

    44. Re:Yet Another Reason... by Platypii · · Score: 1

      This is an interesting point about encouraging creativity by forcing inventors to work around patents, but I hardly believe that was meant to be the driving force behind "promoting the useful arts and sciences." The incentive to innovate was supposed to be that you are granted a temporary monopoly on your ideas, in exchange for putting the ideas out there for the world to see and learn from.

      The point was NOT to grant monopolies on obvious ideas to make people work around them. If the typical programmer would sit down and write something in a way that would infringe on someones software patent, completely independently, then that patent is bullshit. The person who filed for that patent isn't promoting innovation, the obvious idea would have existed with or without them, they are only leeching off the work of the true innovators who are forced to either compromise their product, or pay protection money to patent holders.

    45. Re:Yet Another Reason... by vadim_t · · Score: 1

      It's not a zero sum game. If that money weren't spent on lawyers it might be spent on marketing. Or executive salaries. I mean, look at Apple; they're sitting on billions in cash. It's not like they're not investing in more in R&D because they're busy suing everyone. They invest as much as they need to and no more.

      Broken window fallacy.

      Lawyers are only needed to patch a problem in the system. The ideal case would be no lawyers and no lawsuits, with the money going on something more useful.

      Apple is an exception here, most companies aren't swimming in cash, and money spent on lawyers is money that could have been spent on something more useful.

      It's not like eliminating software patents would change this. Entering the cellphone market is still a giant task. You need supplier relations, distributors, manufacturing, high cost of R&D, regulation compliance

      Nonsense. As a large player, sure. For just making cell phones, I don't see why a huge company would be necessary. There are modules on the market that take sim cards and allow to send SMS with an Arduino. All the bits like screens, batteries, CPUs, and all other components can be purchased and assembled at quite reasonable prices. I mean, the Openmoko people managed to get new hardware out, and that can't be a whole lot of people, nor a lot of funding.

      Now, if we're talking something that would directly compete with Apple, Samsung or Nokia, then yes, it'd have to be huge. But manufacturing a cell phone can be done by a small company, and it could be perfectly profitable if they hit on some new idea the others haven't done.

      and to top it all off there are hardware patents still! Any company willing to invest in those areas are going to be able to brave software patent litigation.

      I'm not convinced patents in general need to exist anymore, but that would be getting offtopic.

    46. Re:Yet Another Reason... by Anonymous Coward · · Score: 1

      Software is just a set of instructions for an "actor" to run, but typically that actor is an electronic device like a processor. It would be just like sitting on the shoulders of a lobotomized troll whispering instructions into its ear. The fact that software is written down someplace makes it copyrightable, but the overall algorithm the software implements is math by our mathematical definitions, and math is explicitly unpatentable. If I make a new processor that implements X, Y, and Z in hardware then that is a new device which is patentable (and possibly infringes on the patents of others), but the stream of instructions that make an actor do something are not patentable.

      If software is patentable, then so are the scripts to movies, plays, musicals, the instructions to playing board, card, and casino games because they are all the same thing - a set of predefined steps to solve a problem. That is an algorithm, which is math, and is unpatentable as a result.

      There, how is that for a calm, rational counter-argument?

    47. Re:Yet Another Reason... by WaffleMonster · · Score: 1

      Why allowing Software Patents is foolish. It destroys innovation and rewards established players and those with deep pockets. (It also allows the established players to pick the pockets of others, whether they are deep or not.)

      Abolish software patents. Software should be covered under copyright as it is written material. Patents are for physical objects. Not the written word (or code).

      Do you think the same bullshit dynamics don't play out every day in the non-software world?

    48. Re:Yet Another Reason... by oxdas · · Score: 1

      The dichotomy is not the time period,but the absolutism of the statement "hasn't advanced". In your above quote, either software advances or doesn't. So, there really isn't an answer to your question, because innovation hasn't stopped altogether, but it does seem to be slowing. I offered one potential measurement of that. The realization of potential innovation is not really measurable (if it was I suspect there wouldn't be much discussion on this issue). The sentiment of those skilled in the art seems to be another indicator. What evidence would you offer that software patents have fostered innovation?

      The difference I see with the clock example, is that the the idea of gear ratios is not patentable "on clocks", so I can implement a new clock that does not violate the patent. Contrast that to software, where the patents typically cover the entire domain of "on a computer" for the core concept. In reading the BT patent, it seems to include the idea of communicating and getting user feedback on a communication system. This is an abstract idea, not an implementation. This is my core problem with software patents. Hardware patents cover implementation of an idea, software patents cover the idea itself.

    49. Re:Yet Another Reason... by Anonymous Coward · · Score: 0

      I suspect these problems exist in all industries to some extent, but that they are exacerbated in the software industry because creating software is a relatively inexpensive business thus

      1. There are more start-ups which can be trampled over.

      and (more importantly)

      2. It is relatively easy for large companies to devote a proportion of their employees to simply patenting large numbers of things that 'might be useful later'. Writing software is significantly cheaper than fabbing chips or conducting pharmeceutcal research so I imagine it's fairly cost effective just to devote some of your resources to patenting evrything you can think of so as to either protect yourself or stifle competetition. I actually worked for a company who had legitimate products but still patented all sorts of sotware that they had no intention of ever using. It was all defensive in case anyone tried to sue them- and that was a company with a $1 billion turnover.

      As an aside I love the claim from the Amazon one click patent you posted below which contains a 131 word sentence. I believe that each claim can only be a single sentence, with the inevitable result that the patent lawers craft page long sentences which are all but impenetrable to other patent attourneys!

    50. Re:Yet Another Reason... by Anonymous Coward · · Score: 0

      Well you have simplified this way too much. Let me school you a little bit in a how to interpret a patent. You see that word "comprising" well that means that for a potential infringer to infringe, he need only include at a minimum these steps. Moreover, patent method steps, despite all normal logic, do not convey any order. Thus, these steps could be performed by any number different devices at any different times and in a different order.

      Thus, if he includes all of these steps + X, he infringes. If step 1 is performed on computer X, step 2 could be performed on computer Y. Moreover, terms are interpreted very broadly routinely by the courts. For example, what does "additional information" really mean. Sure you look at the rest of the specification for details, but typically things like that are defined in very broad ways (e.g. additional information may be ANY type of information stored for the purchaser).

    51. Re:Yet Another Reason... by psxndc · · Score: 1

      You having to work around it means you have to come up with a new and different way of doing it. If it's worse, and the person that has the patent came up with THE best way to solve a particular problem, shouldn't they be rewarded for that ingenuity?

      No. Absolutely not.

      Patents are supposed to promote the useful arts and sciences, period. They're not a reward, nor an inherent property right.

      See, there's the rub. The whole clause in the Constitution is (my emphasis added):

      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

      The reward is written right there.

      I get that you see promoting the arts and sciences as providing more consumer choice, but that's not what patents are - any patents, not just software patents. They are a limited monopoly granted as a quid pro quo for not keeping something as a trade secret.

      I understand where you're coming from. As a former software developer, I really do. I've just come down on the other side of the fence because I don't - at a certain level - see any difference between software as a field of innovation and any other, other than maybe - just maybe - software allows anyone to "fabricate" anything in their basement given sufficient time. But arguably so could a biochemist at least mentally.

      But each day I think about these things and I'm trying to figure out a real solution. I appreciate your viewpoint and thanks for sharing.

      --

      The emacs religion: to be saved, control excess.

    52. Re:Yet Another Reason... by hrimhari · · Score: 2

      Yes, and patents have existed this entire time. And look at where we are now. IF we were still using punch cards, then you'd have a good argument that software patents stifled innovation. But we aren't. You're agreeing with my point - software has advanced incredibly far over the past 40 years, so any claim that software patents stifle innovation has a really high bar to jump.

      If I understand your argument well, you're saying that because software advanced so much in 40 years with patents, then patents must be great for innovation of software.

      If that's the case, how come other patentable things like car parts didn't advance as much? WHERE IS MY FLYING CAR?

      Seriously though (wait, was I joking? Anyway...), I can't help but imagine two situations:

      First, if we were still using punch cards and/or software had not advanced as much as it did but still advanced, how would we be able to tell that it could not have advanced much more without patents?

      Then, how to tell if all this advance we did have would not have happened in 20 years instead of 40 if there were no patents?

      Maybe it's time to do some real science and show examples where patents helped or hindered innovation so that the argument can continue.

      --
      http://dilbert.com/2010-12-13
    53. Re:Yet Another Reason... by psxndc · · Score: 1

      With all due respect AC, I know how to interpret claims; I've been doing patent prosecution and defending my clients from troll suits almost excursively in E.D.Tx for 8+ years. And while it is true that claim steps are not necessarily given any order, the retrieving additional information references the received request, so it inherently must be performed after the request was received.

      Nothing you've said negates my potential non-infringement arguments.

      --

      The emacs religion: to be saved, control excess.

    54. Re:Yet Another Reason... by Missing.Matter · · Score: 1

      The ideal case would be no lawyers and no lawsuits

      ... and no laws. And everyone just magically works together and gets along.

      While lawyers do exist in a system that in many respects is broken, they still nonetheless provide a valuable service. Fact is, people are going to take advantage of you and your business, lawyers or no lawyers. If your company gets ravaged by wolves it doesn't matter how much you spend on R&D. Like most people on here you probably feel that making the product is the only important part of doing business, but that's not even close. From large to small companies, everything exists in a continuum that works together to sell products. Invest 100% in R&D and no one knows about the product you're selling. Invest 100% in marketing and you don't have a product to sell. There are thousands of facets like this in a business and like it or not legal is one of them. If you don't invest enough in legal, you might end up doing some illegal things without knowing it and end up in a lot of trouble. So in your ideal lawless world, where there are no patents or lawyers and their budget is freed for other endeavors, there is nothing to say that will be invested back into R&D.

      There are modules on the market that take sim cards and allow to send SMS with an Arduino. All the bits like screens, batteries, CPUs, and all other components can be purchased and assembled at quite reasonable prices.

      And the only thing stopping companies from sprouting up and creating phones is software patents, you contend. It's not the fact that you're buying these components for more than your competition, you're selling your product for more than the competition, your competition can out advertise you and outsell you, has an entrenched worldwide distribution network, world-known brand recognition... etc.

      Now, if we're talking something that would directly compete with Apple, Samsung or Nokia, then yes, it'd have to be huge.

      Exactly. You're either competing against these companies, or you're irrelevent like Openmoko selling 10,000 units to a super niche audience. You're honestly better off starting a restaurant. It would be cheaper and have a larger market. You can take software patents completely out of the picture and you won't see any more entrants into the cellphone market because it doesn't make financial sense.

    55. Re:Yet Another Reason... by suutar · · Score: 1

      The issues hit software harder (or seem to) for two reasons: first, software tends to have a very short cycle time, which means an 18 year patent lasts for many more 'generations' of product than, say, a semiconductor fabrication process, which will take 4 years to build and last for a decade. Second, software has a much lower initial investment requirement; you can buy a system for development for a couple of thousand dollars and start banging out your killer video game. Other fields require more expensive equipment, more materials to produce products, or both. You can't build a semiconductor fabrication plant for less than millions, possibly billions. The result is that software's 'small businesses' are quite often much smaller than other fields' 'small businesses', magnifying the disparity of power.

    56. Re:Yet Another Reason... by suutar · · Score: 1

      I would say the invention of the quicksort algorithm was sufficiently innovative to be worth a patent (if anything in software is.. I am deliberately ignoring the 'it's really just math' and 'a human with a pencil could do the same thing, it just takes longer' lines of thought)... but I don't think that patent should last 18 years; that's too many 'generations' in the software world.

    57. Re:Yet Another Reason... by suutar · · Score: 1

      Another reason software is different is that it's math. You don't really need to have a computer to do what software does, you just need to have it to do it fast. Semiconductor fabrication methods and the chemical compositions of medicines (to say nothing of the method of producing said medicines) aren't just math; a guy at a table with a lot of paper and pencils cannot make an aspirin. A guy at a table with a lot of pencils and paper (some of which contains the bitsequence for a BMP format picture of a flower) could, after some (okay, a heck of a lot of) time generate the bitsequence for a JPEG representation of that picture.

    58. Re:Yet Another Reason... by BlueStrat · · Score: 2

      To the extent developers feel otherwise, I haven't seen a calm, and rationale counter-argument.

      You mean nobody has mentioned to you that software shouldn't be patentable simply because software should be protected by copyright since it's a set of instructions that in essence are no different than a book?

      Why can't a book be patented instead of copyrighted? If you take the same book of instructions and call it "software" it magically becomes patentable? Why is a book of instructions for building a house not patentable, but a program that provides the same instructions for building the same house patentable?

      Maybe we would be better served by an "Occupy the Patent Office" movement. Or an "Occupy Congress" movement. Or both.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    59. Re:Yet Another Reason... by Theaetetus · · Score: 1

      The dichotomy is not the time period,but the absolutism of the statement "hasn't advanced". In your above quote, either software advances or doesn't. So, there really isn't an answer to your question, because innovation hasn't stopped altogether, but it does seem to be slowing. I offered one potential measurement of that.

      Except that you haven't... You pointed to the rise in patent litigation, and hypothesized a connection between the two - if patent litigation increases, innovation must therefore decrease. I disagree with that conclusion. Litigation is a business decision, and is related to cost of licensing vs. potential for litigation. Innovation is almost unrelated.

      Furthermore, litigation necessarily lags behind patent filing. It takes between 3-7 years to get a patent, with the current USPTO backlog. That means that most of the recent litigation are over patents filed during the late 1990s dotcom boom. There was certainly a ton of innovation going on then. If anything, the rise in litigation indicates that innovation was advancing quite a bit then. If true, and if it's true that innovation is currently increasing (which I think it is), then we should see more patent litigation over the next decade, rather than less (and I think we will).

      The realization of potential innovation is not really measurable (if it was I suspect there wouldn't be much discussion on this issue). The sentiment of those skilled in the art seems to be another indicator. What evidence would you offer that software patents have fostered innovation?

      Agreed that it's not measurable. However, the sentiment among those skilled in the art who file patents seems to be that they help encourage innovation. Perhaps those who don't file patents disagree, but as I said to someone else, everyone wants a monopoly for themselves, but no monopolies for everyone else. If 1 person of 100 comes up with an invention, and you poll all 100 people as to whether they should have royalty free access to that invention, you'll get 99 yeas and 1 nay... Does that mean that innovation is stifled, or that people want a free lunch?

      The difference I see with the clock example, is that the the idea of gear ratios is not patentable "on clocks", so I can implement a new clock that does not violate the patent. Contrast that to software, where the patents typically cover the entire domain of "on a computer" for the core concept.

      That doesn't really make much sense to me... Can you rephrase?
      I believe you're claiming that I can patent "[X], on a computer" where [X] is known. That's not true. Under 35 USC 103, the Examiner can combine two prior art references to show that an invention is obvious. If one reference shows [X], but doesn't show a computer, and the Examiner can find any reference that shows a computer, then the combination "[X], on a computer" is unpatentable.

      Now, there's some honest confusion that led to this myth... Dependent patent claims will frequently say something like that. For example, you'll see "2. The system of claim 1, wherein the network is the Internet". But those have to do with claim differentiation. If claim 1 says "a network" and claim 2 says the network is the Internet, then the network of claim 1 must be broader and apply to more than just the internet.
      But, claim 1 still has to be patentable. It's not just "A method, comprising [X]"... It has to be patentable on its own, even if claim 2 is just a narrowing of it.

      Anyway, in short, there are no "on a computer" patents.

      As for the clock example, yes, gear ratios on clocks could be patentable. I can claim a clock with a set of gears at certain ratios, and you can't build a clock with those ratios without infringing. You can implement a clock with a different set of ratios, but I didn't claim "a clock."

      In reading the BT patent, it seems to include the idea of communicating and getting use

    60. Re:Yet Another Reason... by LDAPMAN · · Score: 1

      I think the argument is that for a number of reasons there are a very large number of software patents and many of them are of questionable quality. I've worked for several large software companies and all of them pay bounties for patent submissions and grants. They actively try to create as many patents as possible, regardless of the merits or strategic importance of the patent. There also appears to be a relatively low threshold for the approval of software patents.

      Does this same excess occur with other types of patents? Does the patent office seem to display the same willingness to accept almost any filing in other fields?

    61. Re:Yet Another Reason... by Asklepius+M.D. · · Score: 2

      Your "calm, rational counter-argument" might be more widely read if you'd post under a registered ID. That said, I'm replying in the hopes that your post elicits a response. I agree that software patents should be invalid on the grounds that 1) algorithms are mathematical constructs, and 2) source code is already protected by copyright. While the patent system in general may have other flaws, these are two that meet the OP's request of applying specifically to software.

      --
      He who would be a man, must be a nonconformist. -- Emerson
    62. Re:Yet Another Reason... by rastoboy29 · · Score: 1

      I'd say it's more in line with "destroying innovation now" than the past tense.

      Or do you really think patent's like the famous Amazon One-Click patent are worth a damn?

      You do realize you don't even have to show a working copy any more...

    63. Re:Yet Another Reason... by Theaetetus · · Score: 1

      Maybe it's time to do some real science and show examples where patents helped or hindered innovation so that the argument can continue.

      Those would be anecdotes, not data.

    64. Re:Yet Another Reason... by LDAPMAN · · Score: 1

      This "broken" management is pervasive in the software industry. I've worked for/with all the big name companies and many smaller ones as well. In the current environment of mutually assured destruction via patent, they all operate this way. Hence the proliferation of questionable patents.

    65. Re:Yet Another Reason... by Theaetetus · · Score: 1

      I'd say it's more in line with "destroying innovation now" than the past tense. Or do you really think patent's like the famous Amazon One-Click patent are worth a damn?

      The one-click patent survived reexamination with all the prior art that Slashdot and the FSF could throw at it. Tim O'Reilly offered a bounty for prior art, but no one ever found any. So, if no one, anywhere, can prove that it's obvious or not novel, then it seems like a pretty good patent.
      And as for it being "worth a damn", Amazon's stock jumped quite a bit when they implemented one-click purchasing. Apple and Barnes and Noble thought it was valuable enough to purchase licenses. Sounds like it's "worth a damn".

      You do realize you don't even have to show a working copy any more...

      You do realize that dropping the requirement to show a working copy helps small inventors who don't have the money to prototype things, right? Are you seriously arguing that only big businesses with lots of capital should be entitled to patents?

      And second, why do you think this is even relevant? Are you arguing that Amazon couldn't actually build a working copy of a one-click shopping cart, and that they only got the patent because they didn't have to show a working copy? Because that's insane. They had it running live the day after they filed the application.

    66. Re:Yet Another Reason... by hrimhari · · Score: 1

      I would expect something in the likes of:

      - For 10 years, the R&D departments of companies A, B and C would not touch technology X due to its patented situation since the individual or company who owned the patent did not want to license it or the license made the investment prohibitive. [hinder example]

      or

      - Companies A, B and C did not fret to develop over patented technology X, creating innovations 1, 2 and 3. [no effect example]

      or

      - Company A came up with technology Y one year after technology X, previously patented by company B, developing over the idea behind X with a much better approach. It did so because it did not want to deal with the patent behind X. [innovation example]

      Wouldn't such examples, provided they can be proved beyond reasonable doubt, be non anecdotal?

      --
      http://dilbert.com/2010-12-13
    67. Re:Yet Another Reason... by hazydave · · Score: 2

      Software is fundamentally different. You may have one or two fundamentally original ideas in a typical hardware system. Something really complex, maybe a few dozen. Any non-trivial piece of software is likely to have thousands. If I really did have to pay a 1% license fee on a thousand patents just to release my application... well, you can see the problem.

      And on the other hand, software is already treated different than other technologies, and that only to make patents easier to get. In a hardware patent, you have to describe the preferred embodiment in very fine detail, including circuit diagrams. Software patents get away with increasingly abstract block diagrams. They were at one time required to include source code, but these days, not to much. So you really don't even know if your program infringes on a patent, because you never really know the preferred embodiment. This is why so many software patents seem to claim ideas, which are of course not even slightly patentable. My design only infringes your invention if I'm doing the same exact thing you're doing in the same way, not simply the same general kind of thing.

      This also violates the basic premise of patents. Patents exist to give the inventor a temporary monopoly on a specific invention in return for the details of that invention being revealed. The goal is one of general benefit to society; the side effect is specific benefit to an individual. When the patent is no longer able or necessary to advance the state of engineering, it shouldn't exist.

      --
      -Dave Haynie
    68. Re:Yet Another Reason... by X0563511 · · Score: 1

      I have to ask, because I've not interacted with very many.

      Are all lawyers as reasonable as you? Where does that "reputation" come from if that IS true?

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    69. Re:Yet Another Reason... by scot4875 · · Score: 3, Insightful

      Yeah, except that the conflict of interest isn't anywhere near equivalent.

      Patent attorney: if patent system exists, patent attorney has a job. If patent system doesn't exist, patent attorney doesn't have a job.

      Software developer: if software patent system exists, software developer has a job (demonstratably -- in fact we have this situation right now!). If patent system doesn't exist, software developer ... still has their job. Maybe you can argue that the job might be easier if we get rid of the software patents, and in that there's some sort of conflict of interest, but you'll still have a really tough time convincing me that the level of bias is even remotely equal.

      --Jeremy

      --
      Jesus was a liberal
    70. Re:Yet Another Reason... by hazydave · · Score: 3, Interesting

      The problem is, software patents don't really cover ideas. They actually cover specific implementations. In theory, anyway, they're no different than any other kind of patent.

      In practice, they have been what amounts to an exemption from the need to include the actual preferred embodiment of the invention. So software patents have intentionally vague descriptions, flow charts, block diagrams, etc. that, while covering the preferred embodiment of the invention (one would hope), will also cover thousands of variations that would not infringe a properly written patent. Because of its complexity, and large companies pushing hard to not have to include source code, the software patent is really a mutant form of patent these days, very, very different than others. They need to go. Or judges need to be much more critical of vaguely written patents. There was never any intent for a software patent to be able to cover an idea, but that's the way they're flung around by the patent trolls these days.

      It's also the goal of the patent writer (I've written a number of them) to seemingly claim nothing when writing the patent, and then be able to claim the world once the patent's granted. This is enhanced in software patents by the fact that the patent only loosely describes the invention, as mentioned above. But it's a flaw in all patents that there are two standards. When a patent is examined by the PTO, the examiner's main focus is on the description of the invention. They look over the claims, only to (hopefully) ensure they're backed up by the described invention. Once granted, the claims are what becomes interesting... an infringement suit will tell you (eventually.... they do like to play games) what claims you're actually supposed to be violating.

      --
      -Dave Haynie
    71. Re:Yet Another Reason... by X0563511 · · Score: 1

      Removing existing products from the market doesn't have any impact on the promotion of arts and sciences; designing around the existing patents is what causes that.

      This is where the angst comes from. You are entirely right, but the whole "engineer" mindset hates that kind of limitation. "There's no reason I can't do that" is thought of because there is no... hrm.... tangible reason? This is the same phenomena that explains how vehemently some attack the "lockdowns" that folks like Apple and Sony place on their hardware. Does that help explain why you see this viewpoint so often in this arena?

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    72. Re:Yet Another Reason... by hazydave · · Score: 1

      And that's exactly what they do. I visited IBM's patent office in Boca Raton, FL, back in the late 1980s. The office was larger that those of many medium sized companies, and they worked over anything IBM did. They learned to game the patent system, and so generated patents on anything that could be patented. This is how, for example, IBM got a patent, applied for in early 1984, on cut and paste (in a text editor... Emacs violated this patent, even the original TECO Emacs from the 70s). Not every large company did or does this, but there's certainly the cash for it if they want it. This was an IBM profit center.

      --
      -Dave Haynie
    73. Re:Yet Another Reason... by ZaphDingbat · · Score: 1

      Software patents have been around for almost 30 years. You say they've destroyed innovation - do you have any evidence? I think computers have advanced pretty far since the 80s.

      For the same reason that being able to sue bloggers, but not newspapers, for their sources results in a chilling effect on free speech. I was willing to contribute to the advancement of software as an independent developer-- until I realized that I could not afford a lawyer or patent searches. Even if I could, Google, with its army of lawyers, could not stay out of court. If they get sued, they have patents and money. They can duke it out. If I get sued, that's the end for me.

      So the grandparent quote is right-- only those with deep pockets can afford to play this innovation game safely. Anyone else is playing fast and loose with their earnings, waiting for you, the patent lawyer, to come take them, with the force of law and an inscrutable patent system on your side. I will not play that game. I am the innovation you lost.

    74. Re:Yet Another Reason... by vadim_t · · Score: 1

      The reward is written right there.

      That's not a reward, it's a method. "To promote the Progress of Science and useful Arts" is what is being sought, "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" is the method by which it is achieved.

      The second part only has the purpose to satisfy the first. If the first part ceases to apply, the second stops applying either. For instance:

      "I'm going to give you the power to get more milk when needed, by spending money at the supermarket"

      What is being sought here is more milk. If it turns out there was plenty all along in some forgotten corner, you no longer need to go to the supermaket. The ability to spend money there is not a reward, just something you perform to obtain the desired result, having a supply of milk.

      Also it by no means implies that going to a supermarket is the only possible way of getting milk. If the family obtained a bunch of cows and now always has plenty milk, your "power to buy milk" will never get exercised, because the purpose for which it exists is already being satisfied in a different way.

      They are a limited monopoly granted as a quid pro quo for not keeping something as a trade secret.

      Right, it's an exchange. But in the software industry that's not what happens. What happens is that multiple parties release their work, and then, at some later point get into a legal fight over it.

      The release has happened already, sometimes years ago. There's nothing to exchange. What was desired, the release of information, has already happened. Since it has already happened, there's no reason to exchange anything for it.

    75. Re:Yet Another Reason... by SiChemist · · Score: 1

      If a person independently comes up with a way to do something that is already patented, doesn't that mean that it's "non-obvious for a person having ordinary skill in the art".

      That is what vadim_t seems to be saying-- that there is an obvious solution to a problem that is denied him because someone (presumably with deep pockets) patented it.

    76. Re:Yet Another Reason... by oxdas · · Score: 1

      The dichotomy is not the time period,but the absolutism of the statement "hasn't advanced". In your above quote, either software advances or doesn't. So, there really isn't an answer to your question, because innovation hasn't stopped altogether, but it does seem to be slowing. I offered one potential measurement of that.

      Except that you haven't... You pointed to the rise in patent litigation, and hypothesized a connection between the two - if patent litigation increases, innovation must therefore decrease. I disagree with that conclusion. Litigation is a business decision, and is related to cost of licensing vs. potential for litigation. Innovation is almost unrelated.

      Good attempt at making a connection, but its not the connection I was making. Never in my argument did I make a causal connection here. I did make a correlation between the two. If patents cover increasingly broad aspects of a particular field and the tendency to litigate does not decline, then the amount of litigation will increase. Its the increasing monopolization of ideas that I see as leading to reduced innovation. Litigation is a potential symptom.

      Furthermore, litigation necessarily lags behind patent filing. It takes between 3-7 years to get a patent, with the current USPTO backlog. That means that most of the recent litigation are over patents filed during the late 1990s dotcom boom. There was certainly a ton of innovation going on then. If anything, the rise in litigation indicates that innovation was advancing quite a bit then. If true, and if it's true that innovation is currently increasing (which I think it is), then we should see more patent litigation over the next decade, rather than less (and I think we will).

      This is an issue of critical mass. One bad patent doesn't hurt innovation too much. But many bad patents issued over a period of time will. The current mess stems from patents issued since the mid-1990's. On that we agree. As for increasing litigation, I am not quite following your connection between increased litigation and innovation. What sort of relationship do you see between the two?

      I also believe we will see increased litigation. I would contend that the increase in litigation is a reflection of more and more ideas being locked down since the 1990's. I would speculate that if we had seen these types of patents issued in the 1980's, it would have impacted the innovation during the dot-com bubble.

      The realization of potential innovation is not really measurable (if it was I suspect there wouldn't be much discussion on this issue). The sentiment of those skilled in the art seems to be another indicator. What evidence would you offer that software patents have fostered innovation?

      Agreed that it's not measurable. However, the sentiment among those skilled in the art who file patents seems to be that they help encourage innovation. Perhaps those who don't file patents disagree, but as I said to someone else, everyone wants a monopoly for themselves, but no monopolies for everyone else. If 1 person of 100 comes up with an invention, and you poll all 100 people as to whether they should have royalty free access to that invention, you'll get 99 yeas and 1 nay... Does that mean that innovation is stifled, or that people want a free lunch?

      Unless you care to present some data, this is one place will have to agree to disagree. Plenty of bias here, but the software developers I know are more often than not against software patents. I like patents, by the way, just not patents on ideas, only implementations. The purpose of patents is not to grant monopolies in order to enrich people, but this is a positive side effect. The purpose of patents is to "To promote the Progress of Science and useful Arts". I view the monopolization of ideas as anathema to that purpose.

      The difference I see with the

    77. Re:Yet Another Reason... by DavidRawling · · Score: 1

      I believe you'll find that argument against software patents is threefold - firstly, that they have a far broader reach than most patents, secondly, they are obvious to practitioners of the art, and thirdly, the lifetime of software patent is often significantly shorter than items in the physical world.

      I'll touch first on the obviousness - I think it's likely that patent examiners are not software developers. Nor are they likely to be mechanical engineers, or experts in other fields. For some reason though, software is a black art - lots of people seem to intuitively understand mechanical devices, yet those same people look at computers and cry "too hard". As a result, patents that really are obvious to a programmer can be approved - it's on a computer therefore it must be new and complex.

      For the other two points; consider, for example, a patent on a new 6 cycle engine - which happens to be perfect for large, low RPM equipment because it produces far more torque for some reason. The creator works in the ... oh, I dunno ... let's say the mining industry. The patent application is written by a lawyer who considers the application of the engine to mining, construction etc - but in the end for whatever reason it can't be adapted to ships.

      Now someone comes along and builds on (or around) that patent for a revised 6-cycle engine for ships. No (minor?) infringement. New patent. Technology progresses. The patent applies for, I think, 17 years? But creating a new type of engine probably takes 5-10. So the patent is between 1.7x and 3x the development cycle.

      The equivalent patent in the software world not only applies to all software in all fields of endeavour, they all seem to be incredibly broad compared to physical object patents, and I contend that they effectively last far longer. The software patents I've seen boil down to "software does a common task in any number of ways" - and because the patent system doesn't require a working model, it's a case of "think of a way it can be done and it's patented". So now because I've needed to solve a problem, and I have a patent on all the ways I can think of to solve the problem, no-one else can write software that solves the problem. Also, that 17 year life of the patent is anywhere from 8x to 17x the life-cycle of software (versioning estimated at 1-2 years). With software you can often easily produce a new major version in a year - you can create something completely new, on the back of last year's efforts, in as little as a few months.

      I guess the equivalent in the engine example would be the ability to patent "a device, with any number of combustion chambers, powered by a fuel composed of an element or compound, or collection of compounds, with zero or more extra components, where the fuel is burned". And yet I don't recall seeing patents like that.

      Don't get me started on companies patenting gene sequences - unless they're claiming to have created the gene sequence from scratch (i.e. stringing individual bases together), they didn't create anything. They may have FOUND it, but last I checked finding != creating.

    78. Re:Yet Another Reason... by vadim_t · · Score: 2

      If you do something that is different than any of these steps, e.g., you do use a shopping cart model and periodically the cart object is polled and processed, then you aren't infringing the patent (this is not legal advice). I am just spitballing here too

      And right here is a problem. You, even as a lawyer, must add that disclaimer because you don't really know for sure if that's going to fly or not.

      Even if I paid a lawyer and asked them that, I would probably get told that even if it is found not to infringe, they still can drag me to court over it, and subject me to all kinds of unpleasant things like injunctions until the matter is resolved. A non-multinational can't afford this.

      So the most likely result is: I will not implement anything of the sort, even if I'm sure I've got a completely new take on it that's not covered by the patent. And thus the progress of arts and sciences suffers, because attempting to innovate in the field is risky, and the safest thing to do is not to touch anything related.

      They didn't patent the idea of one-click, they patented a specific way of doing it. You can license the patent or just choose not to use the Amazon one-click method.

      No, they effectively claimed ownership of the idea.

      Apple licensed it, B&N added a second click and still got sued. So Amazon seems to control the idea in its entirety right now. Your workaround with polling seems to be inexistent, probably due to seeing how well B&N's attempt at a workaround went. Mom & Pop's web shop certainly can't afford to go that way.

      Still, that doesn't answer the fundamental thing: What the heck is the point? Do you seriously think that it's such a new idea that unless it could be patented, nobody would have spent the effort on developing it?

    79. Re:Yet Another Reason... by Theaetetus · · Score: 1

      Wouldn't such examples, provided they can be proved beyond reasonable doubt, be non anecdotal?

      No, unless you can prove that "Company A" represents a majority, or even a significant percentage, of the companies out there. Otherwise, it's an anecdote. Interesting, but that's it.

      Additionally, you've missed a couple that are more to the point of the patent system:

      -Company A discovers a new innovation, spending 1000 man hours to do so. They keep it a secret.
      Company B also spends 1000 man hours to discover the same innovation. They also keep it a secret.
      Company C also spends 1000 man hours to discover the same innovation. They also keep it a secret.
      Etc. [Hinder example, 1000*(companies-1) hours wasted rediscovering the same invention]

      or

      -Company A discovers a new innovation, spending 1000 man hours to do so. They get a patent, and publish a white paper detailing their invention.
      Company B pays a license fee for A's innovation. B's engineers spend 1000 man hours (because they're salaried, so why not) and discover new innovation #2! They get a patent and publish a white paper and functional specs.
      Company C pays a license fee for A's innovation and B's innovation. C's engineers spend 1000 man hours (same reason) and discover new innovation #3! They get a patent and open source their code.
      Etc. [Innovation example, no hours wasted, innovation constantly increasing through encouraged disclosure]

    80. Re:Yet Another Reason... by russotto · · Score: 2

      Additionally, I disagree that most of the changes over the past 30 have been in hardware. My network keeps getting faster and faster even though I'm still using the same Cat 5 cables.

      Really? 10BaseT only goes back 22 years. Cat 5 cable only 21 years. The modulation schemes that allow 100BaseTX and 1000BaseT date to 1995 and 1998. And that's just the endpoints; router hardware has improved as well.

      That disclosure encourages innovation, because the CREATORS don't constantly have to re-invent the same thing. If I come up with a novel sorting algorithm and keep it secret, you have to waste time re-inventing the same thing if you want to more efficiently sort stuff. If I publish, you can now spend your time working on the next innovation.

      Except software patents don't work that way. It's easier in the software world to reinvent than to license. Especially when the license-holder isn't interested in making money from licenses, but rather wants to "destroy" you as Steve Jobs said he wanted to do to Android. But you can't safely re-invent either, because so many common techniques are patented by overbroad patents. A patent you might never have heard of on some common technique invented and re-invented 100 times can bite you in the ass.

    81. Re:Yet Another Reason... by psxndc · · Score: 1

      Nothing will prevent you from getting sued. I can sue you right now for just about no reason. It will get thrown out, but I can still sue you.

      And the point is not that unless it could be patented, no one would develop it, it is that the first person to solve this problem that no one else solved is currently rewarded. And for telling the world how to solve this problem, they are granted a limited monopoly.

      I know you and every other developer hates the one click patent, but the fact is, it has withstood repeated attacks and no one has shown that it is obvious. Sure, you think it is now - with the gift of hindsight - but it has been examined and reexamined and, considering hundreds of references in the process, nothing at the time the invention was made has shown the specific steps in the claims to be obvious.

      The bar isn't "if it wasn't patentable no one would do it," it's is it useful, is it novel, and is it non-obvious. The steps of the one click patent have withstood all of these tests.

      --

      The emacs religion: to be saved, control excess.

    82. Re:Yet Another Reason... by masterme120 · · Score: 1
      He said the reason:

      The problem is that because of the way software patents work, and the way software works, unlike in other industries you just can't make a significant product that doesn't infringe major companies' software patents. They have too many that are too broad, and even if you think you can win you certainly can't afford to litigate it as a small company.

      Some software is innovative and deserves patent protection, but he's arguing against the extremely broad patents granted to some companies. These patents make it impossible for startups to create certain types of software, but a larger company could just cross-license the patents. Even when the smaller company is in the right, litigation would be extremely expensive, and likely drive them into bankruptcy.

    83. Re:Yet Another Reason... by psxndc · · Score: 1

      The idea is that once someone else has done it, yes it is obvious. But for the first person to come up with it, it's not obvious.

      Subsequent independent inventors are relying on the current state of the art, which now includes the previously non-obvious invention, even if they didn't know about it.

      --

      The emacs religion: to be saved, control excess.

    84. Re:Yet Another Reason... by psxndc · · Score: 1

      You're assuming it's a given that the progress of science and the useful arts are not being promoted. I disagree. And there's no objective way to say it IS happening or not. But patents have existed for hundreds of years yet industries still flourish.

      Your arguments that the software industry is somehow special still don't add up. It's no different. Parties don't release their work simultaneously: someone releases it first. And then that becomes prior art to whatever is not on file. If someone files a patent application later on, that person is denied because what's out in the public domain makes it not-novel/obvious.

      --

      The emacs religion: to be saved, control excess.

    85. Re:Yet Another Reason... by psxndc · · Score: 1

      It totally explains it. Engineers don't like being told no when they see a clear path to the objective. What's interesting is that many engineers don't want their code stolen, i.e., for a competitor to succeed by deriving his code from theirs (and is protected by copyright), but independent invention is a complete defense. But that's not what patents allow. Patents are a strict liability issue: Knowledge or intent are immaterial for the baseline finding of infringement (though they come into play with respect to willfulness).

      --

      The emacs religion: to be saved, control excess.

    86. Re:Yet Another Reason... by Chibi+Merrow · · Score: 2

      I am deliberately ignoring the 'it's really just math'

      Except you really can't.

      In Gottschalk v. Benson (1972), the United States Supreme Court ruled that a patent for a process should not be allowed if it would "wholly pre-empt the mathematical formula and in practical effect would be a patent on the algorithm itself"

      Quicksort is rather clever... And I agree, if anything in comp sci ever was patentable, that probably would be the best example. But it was discovered in 1960, long before this crazy notion of software patents existed. And at the time, it was rightly recognized as math, which isn't patentable.

      And it's just further example of "You can't create a new algorithm, Knuth (or, in this case, Hoare) already published them all." :)

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    87. Re:Yet Another Reason... by psxndc · · Score: 1

      But if you don't use the protected functionality, then you don't infringe. I can import java.util.*, but if I don't actually implement anything from that library, I'm not really including everything, and I'm not performing any combinations.

      Getting back to your examples, the businesses could cooperate without patents, but if you were going to pick a horse in the race, wouldn't you want the horse that can stop other horses from running?

      Patents are by their nature anti-competitive; they grant monopolies, which can lead to injunctions (except as to patent trolls. Patent trolls can't get injunctions thanks to the eBay decision). Developers don't like this anti-competitive aspect. That seems to be the issue; it tells them what they can't do.

      --

      The emacs religion: to be saved, control excess.

    88. Re:Yet Another Reason... by psxndc · · Score: 1

      So the answer is to throw the baby out with the bath water? People here are saying ALL software patents should go. Should they or shouldn't they? I'm all for being stricter and more regimented in the examination, but I don't think they should be abolished wholesale.

      --

      The emacs religion: to be saved, control excess.

    89. Re:Yet Another Reason... by psxndc · · Score: 1

      I don't know where this idea came from, but it's supposed to protect both equally. It doesn't say in the Constitution to secure for small entities and garage inventors. I know it's a nice idea, but if a company is throwing $10 Million into R&D, and they come up with somethings innovative, they deserve just as much protection as the little guy.

      --

      The emacs religion: to be saved, control excess.

    90. Re:Yet Another Reason... by psxndc · · Score: 1

      By that argument, manufacturing processes - which no one seems to have an issue with - should also not be patentable. Yet they are.

      --

      The emacs religion: to be saved, control excess.

    91. Re:Yet Another Reason... by dave87656 · · Score: 1

      Software patents have been around for almost 30 years. You say they've destroyed innovation - do you have any evidence? I think computers have advanced pretty far since the 80s.

      I think this lawsuit is the very proof you need. Google makes a successful product without using anything which you could normally patent in any other industry and they get sued for billions. Had software patents existed in the 80's companies like Apple and Microsoft would not exist -- they would have been sued by IBM and others out of existence.

    92. Re:Yet Another Reason... by dave87656 · · Score: 1

      Correction: I guess software patents did exist in the 80's but not to the extent that they are used now. Otherwise, we'd all be paying royalties to Xerox Parc.

    93. Re:Yet Another Reason... by dave87656 · · Score: 1

      I understand you hate software patents, but you haven't come up with any good reasons to abolish them.

      Patenting software is like patenting math. But even if you grant that some software is so unique that a patent should be granted, most of the patents today are so obvious and use software methods which have been in use for decades. The system is broken and anytime you have that much power concentrated in one place it's susceptible to abuse.

    94. Re:Yet Another Reason... by dave87656 · · Score: 1

      No one is forming cogent, well-thought out rebuttals to the "problem,"

      Then you're not listening (or reading). The problem is software patents. There have been plenty of responses showing why they are bad. The very fact that companies like Apple and Microsoft couldn't exist if they started today should be enough reason.

    95. Re:Yet Another Reason... by vadim_t · · Score: 1

      You're assuming it's a given that the progress of science and the useful arts are not being promoted. I disagree.

      To me the current mess in the phone area with everybody suing everybody else means that something is obviously wrong. Patents are supposed to entice to create, not to be used as weapons against the competition.

      Your arguments that the software industry is somehow special still don't add up. It's no different.

      It moves much faster than other industries, and is much less understood. The faster development rate alone justifies a custom length of patents in the field, in my view.

      Parties don't release their work simultaneously: someone releases it first.

      That's not the point, the point is that Acme releases their product in year 2000, Yoyodyne releases their competing product in year 2002, and suddenly in 2007 they decide to sue each other. To me that's evidence of the brokenness of the concept.

      If the patent was being used for the intended purpose, then Acme wouldn't wait for 7 years, nor Yoyodyne would have allowed the release of the first product to incorporate some of their tech, they'd sue immediately. Such delays indicate that neither company cared about any exclusivity, and it's not what made them create their inventions.

      Since both inventions have been out for years in the market, the thing the patent was supposed to do (motivate the creation) has already been achieved. IMO at this point any patents should be invalidated.

      The way I see it, the one and only purpose of a patent is to motivate invention and ensure that the resources spent on development are not wasted. For that reason there should be no such thing as a defensive patent, and IMO they should work like trademarks and work on a "use it or lose it" basis.

    96. Re:Yet Another Reason... by psiclops · · Score: 1

      a paper printout of the bit sequence of a flower is about as useful as the drawing of a penicillin molecule.

      --
      i spent five minutes thinking and all i got was this crappy sig
    97. Re:Yet Another Reason... by RicardoGCE · · Score: 1

      "Why is it that software patents specifically should be abolished?"

      Because in order to hold a software patent, you're not required to actually have engineered an actual product.

      Not to mention that the "products" in question are essentially applied mathematical formulae, and a software patent punishes developers who happen upon the same formula.

    98. Re:Yet Another Reason... by psxndc · · Score: 1

      Then you're not listening (or reading). The problem is software patents. There have been plenty of responses showing why they are bad. The very fact that companies like Apple and Microsoft couldn't exist if they started today should be enough reason.

      I disagree. There have been only two or three responses, mostly by Anthony Mouse, that really illustrate some issues. Most are just saying "I write software. My beliefs do not align with patents [in general, whether the poster realizes it or not]. Therefore software patents are bad."

      It is complete speculation whether or not Apple or Microsoft could exist today. Google rose during the Time of Patents, as have many tech companies. And in fact, many startup investors will NOT invest in a company that doesn't have patents, simply because it gives the investors something to hold onto if the business is a failure. Your response is no better than anyone else's. You state a conclusion (important companies couldn't exist), but have provide zero analysis or supporting facts. Which are all necessary for a cogent, well-thought out rebuttal.

      --

      The emacs religion: to be saved, control excess.

    99. Re:Yet Another Reason... by BlueStrat · · Score: 1

      By that argument, manufacturing processes - which no one seems to have an issue with - should also not be patentable. Yet they are.

      Maybe a second look should be taken regarding the copyright of manufacturing processes as well, at least as far as what's patentable in that area and other parameters of such a filing. For that matter, both patents and copyright could do with a serious re-working on the whole.

      Just because something (like manufacturing process patents) exists presently doesn't indicate that it's good for our society and shouldn't be changed or abolished.

      Slavery shouldn't have existed, yet it did...until it was abolished. WW2 internment camps holding US citizens not charged with any crime nor given due process shouldn't have existed until they were abol...

      Oh, wait.

      Never mind.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    100. Re:Yet Another Reason... by psxndc · · Score: 1

      Thank you for the response. Now I see where your coming from. But let's take it a step back. Creation will happen whether there are patents or not. Can we agree on that? Cavemen didn't need patents to invent the wheel. The goal though is disclosure. I'll tell the world about my wheel if I get some sort of exlcusivity. That exclusivity IS a weapon against the competition. That's exactly what a patent is. It's anti-competitive by nature.

      What really sticks in people's craw - as best I can tell - is that unlike copyright, where originality is a defense, patents are a strict liability tort. You can infringe without knowing about the patent at all. Developers can grok that code shouldn't be stolen, but can't wrap their head around someone preventing you from independently coming up with something. But that's what patents are.

      As for the delay, honestly, whether you sue someone or not is a huge decision. If it would cost 2 million for Acme to sue yoyodyne, but in 2002 it looked like yoyodyne was only going to take away 100k in business, it doesn't make sense to sue them. And no one can really predict the future. In 2007 though, "holy crap, yoyodyne is a big issue, and they are doing exactly what we did," then it makes sense to sue. Plus there's the delay that you're not going to know all your competitors right away, etc, etc. There are dozens of factors that come into play.

      I don't buy that the software industry is faster-paced than any other. Moorse's Law? Not software related. Pharma? New drugs come out every day.

      --

      The emacs religion: to be saved, control excess.

    101. Re:Yet Another Reason... by psxndc · · Score: 1

      I don't have statistics, but... maybe? Honestly, most of the people I work with, I'd say 95%, - which are almost all patent people - are just hardworking Joes that work in this particular field. They used to be scientists or engineers, they have families they love and life goals just like you and me.

      As for reasonableness, they argue by profession, so they tend to look at all angles and if you give them a good argument, they'll consider it. And just like any profession, there are bad apples too (primarily they are just greedy, not amoral); sadly I know of some. But the vast majority of attorneys are normal people.

      There are problems with the patent system. I openly agree to that. And I have very reasonable friends that disagree with me, even on the troll issue (the argument being that although trolls are bad, forcing some sort of use requirement or preventing the assignment of IP would be worse). But no system is going to be perfect. I give Obama and Congress credit for pushing some good change through. For example, it is now impossible for trolls to file a lawsuit against unrelated parties. All we can do is keep trying to tweak it to get it right.

      --

      The emacs religion: to be saved, control excess.

    102. Re:Yet Another Reason... by psxndc · · Score: 1

      *Moore's Law

      --

      The emacs religion: to be saved, control excess.

    103. Re:Yet Another Reason... by Anonymous Coward · · Score: 0

      Uhm, I am not the original complainer here, but I'll bite.

      Software was of course around in the 1990s, but software patents weren't frequently applied for or granted, if they had been, innovation would have been put at a stand-still, and the powers that be would be a totally different landscape (you could make the argument that that would be a good thing, however).

      There are three primary reasons why software patents should not be allowed:
      1. It's too easy to accidentally and unknowingly innocently violate a software patent. Today I am in my basement writing a cool new program, tomorrow I am in court being sued by someone I have never heard of. Copyrights just make more sense here. That way, if I copy someone else's work purposely without permission I pay. If I don't, it's clear i didn't infringe.
      2. Patents were invented to be primarily applicable to physical inventions (like the cotton gin), whereas copyright was designed to be primarily applicable to music, books, and paintings and such. Except, perhaps, for microcode, which blurs the lines, software is closer to books than it is to a machine. Just like you can write two different books about a similar plot without getting in trouble, you should be able to write two similar software programs as well - and that is also the precedent in the industry. There are dozens of word processors and spreadsheet programs, but had software patents been allowed before, the first one would have had a patent like "Use of numbers, text, or formulas in a grid". and barred anyone else from writing their own version.
      3. It doesn't make sense to have copyright and patent law protect the same things, it's double jeopardy - society should pick one or the other. (And reasons 1 and 2 show why copyright is more applicable to software).

    104. Re:Yet Another Reason... by ZaphDingbat · · Score: 1

      And how do I, Random J Hacker, figure out that I'm not infringing an existing patent?

    105. Re:Yet Another Reason... by vadim_t · · Score: 1

      Thank you for the response. Now I see where your coming from. But let's take it a step back. Creation will happen whether there are patents or not. Can we agree on that?

      Of course. In fact it's crucial to my argument, which is that patents are not vital for it to happen.

      The goal though is disclosure. I'll tell the world about my wheel if I get some sort of exlcusivity. That exclusivity IS a weapon against the competition. That's exactly what a patent is. It's anti-competitive by nature.

      Yes, but in IT, the disclosure is rarely worth anything.

      Look at the 1 click patent: I don't need any of the disclosure that it provides. It's trivial to implement just from the knowledge of what is being patented. There are quite a few of those. Take the patent on the progress bar. I don't need to read it to implement one from scratch either.

      So I'm still unconvinced the disclosure (which is unreadable to me in most cases anyway) is worth exchanging anything at all for it.

      As for the delay, honestly, whether you sue someone or not is a huge decision. If it would cost 2 million for Acme to sue yoyodyne, but in 2002 it looked like yoyodyne was only going to take away 100k in business, it doesn't make sense to sue them. And no one can really predict the future. In 2007 though, "holy crap, yoyodyne is a big issue, and they are doing exactly what we did," then it makes sense to sue. Plus there's the delay that you're not going to know all your competitors right away, etc, etc. There are dozens of factors that come into play.

      Then why do trademarks work in the way they do? Exactly the same thing you said applies to them.

      I don't buy that the software industry is faster-paced than any other. Moorse's Law? Not software related. Pharma? New drugs come out every day.

      Patents last 20 years, right? 20 years ago we were using floppy drives. The 3 1/2 HD floppy drive appeared in 1987, I think. So let's suppose that in 1990 somebody patented a way of formatting floppies to higher capacity (such things existed, not sure if any were patented, though). Floppies were on their way out in 2001 or so, and that patent would expire in 2010, long after nobody used those anymore except for some ancient legacy machinery (where nobody is going to introduce anything of the sort, as they simply maintain the box that has been there for a decade)

      So here again the disclosure part is useless: by the point the invention can be used freely, it's long obsolete anyway, so there's no benefit to society from the disclosure at this point.

      This is very unlike the expired patents on things like combustion engines, which are still useful technology.

    106. Re:Yet Another Reason... by Anthony+Mouse · · Score: 1

      But if you don't use the protected functionality, then you don't infringe. I can import java.util.*, but if I don't actually implement anything from that library, I'm not really including everything, and I'm not performing any combinations.

      Oh sure, you have to actually instantiate something, but that's easy. I mean let's say I'm writing my application. It's a remote system logging thing. I need networking support. I'm not going to go out and write a new operating system with a novel network stack and a driver for every network card I expect people to use. I just use the sockets library.

      Now I've got support for every kind of network there is on every operating system that supports the sockets library. It doesn't matter whether the claim limitation says "over a wireless network," "over a local area network," "on a high latency low bandwidth connection," "over an unreliable network link," "with a network offload processor," or "on a virtual private network," it covers the users of my application. It supports all of those things, and at least one of my million users is going to do each of them. Every one of those limitations and then some collapse to "uses the sockets library," and everything uses the sockets library.

      On top of that, it makes claim limitations trivial to implement, which severely dilutes their ability to separate invention from random chance. If there is some feature (which would satisfy a limitation), and you can add it to your program by just importing a library and writing a hundred lines of code, why wouldn't you do it? So people do.

      Try this experiment: Pick a collection of software patents at random in the area of, say, smart phones. Pick some individual claim limitations (not the whole claim, just a single limitation) at random and see if a Droid or an iPhone would satisfy the limitation. If you find that the answer is 'yes' more times than not, you can see the problem: Most of the "limitations" aren't really limitations because they're universal or nearly so.

      Getting back to your examples, the businesses could cooperate without patents, but if you were going to pick a horse in the race, wouldn't you want the horse that can stop other horses from running?

      Sure, if you have a patent system then any given entity will be better off having patents than not. What I'm saying is that the absence of software patents wouldn't hurt them any, because it wouldn't stop them cooperating with one another, and its presence does hurt them because having two patents against Apple's thousand really isn't materially better than having just the one. They'll still get crushed when push comes to shove, and it doesn't much help to stop the other horse from running when your horse is dead.

      Patents are by their nature anti-competitive; they grant monopolies, which can lead to injunctions (except as to patent trolls. Patent trolls can't get injunctions thanks to the eBay decision). Developers don't like this anti-competitive aspect. That seems to be the issue; it tells them what they can't do.

      I don't think that's really it. I mean don't dismiss the legitimacy of that complaint: We're supposed to be promoting innovation here. Creating a million pages of things that everybody can't do is probably not the best way to accomplish that.

      But the real issue is the uncertainty. There is no seer you can go consult to get a concise list of software patents that you need to avoid or design around. It isn't that somebody is telling them what they can't do, it's that nobody can tell them what they can't do. The problem is not that Microsoft has got this one, amazing patent where they truly invented something great and you just can't figure out how to compete with them without infringing it. The problem is that they've got a thousand vague, questionable patents and can bury you in legal fees until you capitulate.

    107. Re:Yet Another Reason... by psxndc · · Score: 1

      Anthony, thank you again. These are well articulated, well thought out issues and for whatever it's worth, I sincerely appreciate you taking the time to write them. I think we're on different sides of the river, but I can at least see why you prefer your side to mine. I won't convince you mine is better, but here are my thoughts on it.

      To respond to your limitations issue, I hear what you're saying - most of the claim is scaffolding and there's really only one interesting nugget of invention. This is often the case because there needs to be context and antecedent basis. It sounds like what you'd prefer is if everyone wrote a Jepson claim. A Jepson claim is where you say:

      A system|method for blah blah blah ... wherein the improvement comprises:X.

      In those claims you are acknowledging all the prior art and laying out the single improvement, which is X. Then everyone automatically knows what's novel and what's not. The problem with those from a patentee standpoint is: everyone automatically knows what's novel and what's not. What if I thought steps A and B of my process were obvious when in fact they weren't and I said the improvement was just step C. Well I just gave up all rights to A and B. And to turn your own issue on its head, there is no way for me know - no seer I can consult - to know if what I am giving up is actually in the prior art. Let's consider the yard and fence analogy. If a surveyor didn't exist to say where exactly your property line was, when you set up a fence around your house, do you set it up as far out as you think you're reasonably entitled, or do you put it as close to your house as you can so you don't offend anyone? It's the same thing. Why would I intentionally give up claim scope? I can understand why that's a greedy approach, but I hope you can see - it is to me at least - that it's a reasonable one.

      Re: the uncertainty, you can get no more certainty that you don't infringe than you can that someone hasn't copied unlicensed code into your codebase. You can take steps to address the latter, e.g., code monitoring and review, but you never really know unless you have a development team of one - yourself. That's a risk of doing business. You can mitigate the risk - for code hire a code scrubber (which admittedly has a finite data set to compare against), and for patents get a freedom to operate opinion - but you'll never be free of the uncertainty. I don't know what to tell you.

      As a final question: where are all the stories of big companies completely crushing the little guys in legal fees? Everyone throws it around as a problem, but it seems that more often than not the big companies are fighting each other or the trolls are going after the big guys. I know David and Goliath battles are academically possible, but where are they in reality? I'm not even looking for a case cite; I'm looking for even just a news article that says Company X was a big meanie and used its patents to crush li'l ol' Y. It's bandied about as a scary possibility; I just want to see a real-world example of it.

      --

      The emacs religion: to be saved, control excess.

    108. Re:Yet Another Reason... by Anthony+Mouse · · Score: 1

      To respond to your limitations issue, I hear what you're saying - most of the claim is scaffolding and there's really only one interesting nugget of invention. This is often the case because there needs to be context and antecedent basis. It sounds like what you'd prefer is if everyone wrote a Jepson claim.

      I don't think that's really it either. All novel software is mathematically provably a combination of different pieces of prior art software. It isn't possible to say that x part is the novel piece and y part is the prior art piece, because the only way either one can be novel on its own is if that part is itself a novel combination of other non-novel parts. So all software patents (or maybe just all patents) are necessarily combination patents, and the combination rather than the individual parts is what has to be novel and non-obvious. It sounds like all the Jepson claim would really do is point out that a particular sub-combination was also in the prior art, which doesn't really change much other than to maybe make it easier to find novelty destroying prior art. And other than that, if the claims cover the same subject matter then it doesn't really change the outcome.

      Moreover, I don't really think the problem is what patent lawyers do. That's their job; to get the broadest allowable claims. But I certainly think the patent office and the courts ought to really consider narrowing the scope of the broadest allowable claims, if software patents are to be allowed at all. Just raising the non-obviousness bar a few notches would go a long way.

      Really it seems like the issue is that the bulk of the software patents that are considered non-obvious are both non-obvious and inevitable. It's kind of an odd situation: On one hand, there is not really any reason to expect anyone to come up with a particular invention which turns out to have good properties outside of the realm of "let's add all five hundred of the features everybody wants and hey, now all the claim limitations happen to be present" without an understanding of the specific benefit that comes from combining a particular subset. So it's "not obvious." On the other hand, so many people are arbitrarily combining so many different things that the chances of somebody coming up with it by accident become so large as to approach a certainty. And that isn't the sort of situation the patent system is designed to be able to deal with, so it falls over.

      Re: the uncertainty, you can get no more certainty that you don't infringe than you can that someone hasn't copied unlicensed code into your codebase. You can take steps to address the latter, e.g., code monitoring and review, but you never really know unless you have a development team of one - yourself. That's a risk of doing business. You can mitigate the risk - for code hire a code scrubber (which admittedly has a finite data set to compare against), and for patents get a freedom to operate opinion - but you'll never be free of the uncertainty. I don't know what to tell you.

      I don't think the problem of people copying unlicensed copyrighted code is really all that serious. I mean sure, the probability of it happening is nonzero and it's worth taking cost effective countermeasures, but it's totally manageable. It only happens if somebody actually affirmatively breaks the rules.

      The issue with software patents is there is just nothing you can do about them. Even if nobody copies anything, you're still almost certainly infringing something. And how do you write a freedom to operate opinion for something as large as, say, Android? It's tens of millions of lines of code without the Linux kernel.

      As a final question: where are all the stories of big companies completely crushing the little guys in legal fees? Everyone throws it around as a problem, but it seems that more often than not the big companies are fighting each other or the trolls are going after the big guys. I know David a

    109. Re:Yet Another Reason... by masterme120 · · Score: 1
      I already answered that:

      Some software is innovative and deserves patent protection...

      I don't necessarily think that all software patents should be thrown out, but if the system can't be overhauled to correct this problem, then I think that would be better than what we have now.

    110. Re:Yet Another Reason... by Anonymous Coward · · Score: 0

      This is based on the premise that software patents take 1000 hours to develop (minus the time to go through the patent process), and that the license costs less than 1000 hours of an engineers time. What if 99% of the patents only take 10 hours to develop, I'm sure ideas that simple would make their way into CS classes long before the 20 years on a patent was up.

  3. What the fuck? by Anonymous Coward · · Score: 5, Interesting

    The patent cited in the article as an example of BT's amazingly valuable innovations:

    Deciding whether to stream music based on whether the phone is using a wifi or cellular connection.

    Why the fuck is that patentable? Seriously, I just looked up "obvious" in the dictionary and it gave that idea as an example. That's not an invention or a technology. What the fuck, America?

    1. Re:What the fuck? by icebraining · · Score: 1, Informative

      Sigh. You need to look at the actual claims. That line just describes what the patent accomplishes, not how.

    2. Re:What the fuck? by icebraining · · Score: 5, Informative

      U.S. Patent No. 6151309

      Claims
      What is claimed is:

      1. A service provision system for use with a communications network to provide a plurality of services to a network user, wherein data relevant to the plurality of services can be made available to the user dependent upon the location of the user within the network, and the user can select one or more services to be provided, said system including

      control means comprising a plurality of software agents, individual agents of said plurality comprising data relevant to service provision the network,
      updating means for updating data held by at least some of said software agents on a point-by-point continuous basis as the user changes location within the network,
      the control means maintaining and communicating the updated data made available to the user and responsive to selection of a service by the user to trigger a process for providing the selected service to the user.

      2. A system according to claim 1 wherein said communications network comprises at least in part a mobile communications network and the user has access to said mobile network.

      3. A system according to claim 2 wherein the control means is responsive to transfer of the user between cells of the mobile network, said cells having different resources to offer in respect of services to the user, to update data made available to the user which is affected by said transfer.

      4. A system according to claim 3 wherein at least one of the services potentially available to the user is affected by bandwidth availability in the cell in which the user has access to the mobile network, and the control means may update the data available to the user in terms of either availability of such service or the price at which it would be available.

      5. A system according to either of claim 3 or 4 wherein at least one of the services potentially available to the user involves the downloading of data to the user, which downloading is affected by bandwidth availability in cells of the mobile network, said system further comprising means to store data requested by the user as a consequence of selecting a service, the control means controlling downloading of said data to the user such that it is stored at times that bandwidth is not available for said downloading, and downloaded subsequently when bandwidth becomes available.

      6. A system according to claim 5 wherein the control means includes means for tracking the location of the user with respect to the mobile network for the purpose of downloading the data to the user by means of appropriate routing through the communications network or networks.

      7. A system according to claim 1 wherein the data relevant to the plurality of services includes real-time pricing data such that the user can take the real-time pricing data into account prior to selecting a service.

      8. A system according to claim 1 wherein:

      a plurality of said individual agents are each allocated a facility for offering a common service,
      each of said plurality of individual agents holding real-time data in respect of its allocated facility's capacity to offer the service, and
      the system selects one of the allocated facilities on which to base notification to the user of current conditions under which a service might be provided.

      9. A system according to claim 1 wherein at least one of said agents comprises means for storing an updatable business strategy, and the system accesses said business strategy prior to making cost-related service data available to a user, such that said business strategy can be applied to said cost-related service data to modify the data appropriately.

      10. A service provision system for use with a communications network including a mobile communications sub-network to provide a plurality of services to a network user having access to the

    3. Re:What the fuck? by advocate_one · · Score: 1

      when I see the word "plurality", I begin to question my sanity...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    4. Re:What the fuck? by duguk · · Score: 1

      When I see "What the fuck, America?" about British Telecom...

      I begin to question why I'm on this site in the first place.

    5. Re:What the fuck? by Anonymous Coward · · Score: 0, Insightful

      It's an American patent, jackass.

    6. Re:What the fuck? by duguk · · Score: 0

      It's a British company, shithead.

    7. Re:What the fuck? by realityimpaired · · Score: 2

      http://www.patents.com/us-6151309.html

      Earliest date on the patent filing is April 1994, and it was issued in 2000. It appears to be describing Digital PCS, and sending data over the cellular network.

      Everything it's describing can be done (and indeed has been done) on a TDMA network. TDMA was accepted as a standard in 1991, and I know for a fact (because I had the service) that Bell Canada was selling Digital PCS in 1993. While it didn't include some of the later claims (like real-time pricing information), it did have e-mail, SMS text messaging, digital telephony, and location services. (and as an aside, typing an e-mail out on a 2-line, 10-character fixed-width LCD display was teh suck)

    8. Re:What the fuck? by Anonymous Coward · · Score: 1

      It's a British company, shithead.

      Which is relevant to this discussion only tangentially, you ignorant buffoon. The litigious environment being lamented is facilitated entirely by the American patent system.

    9. Re:What the fuck? by Anonymous Coward · · Score: 0

      You seem to have missed, "Why the fuck is that patentable?" attached to that line of questioning. It's patented in America; quod erat demonstrandum.

      Clearly reading comprehension is not your strong suit. We, too, question why you're on this site, because it's certainly not to add value.

    10. Re:What the fuck? by Anonymous Coward · · Score: 0

      > point-by-point continuous basis

      Nice one. Apparently BT has found a way to evaluate a function at infinite number of points.

    11. Re:What the fuck? by Raenex · · Score: 3, Insightful

      Sigh. You need to look at the actual claims. That line just describes what the patent accomplishes, not how.

      Yes, this is said in nearly every Slashdot story about patents. Yet in almost all cases, the how is obvious once you know what the idea is, and the only things the claims do is describe it in an obscure fashion.

    12. Re:What the fuck? by Anonymous Coward · · Score: 1

      Since when cant foreign companies with local operations LIKE BT claim patents?

      Idiot

    13. Re:What the fuck? by Anonymous Coward · · Score: 0

      BE ADVISED: cyborg monkey is am old school troll/crapflooder. Used to post as vladinator.

    14. Re:What the fuck? by Goat+of+Death · · Score: 1

      So apparently BT has a patent on a multi-layered tree of if-then statements targeted at a particular implementation. That seems ridiculous, but I guess I shouldn't be surprised.

      If hungry, go eat, if don't like eggs, try ham, if ham isn't your thing, then... and so on and so on.

    15. Re:What the fuck? by X0563511 · · Score: 1

      function compare(int x, int y) {
      if x > y; then return 0;
      if x < y; then return 1;
      if x == y; then return 2;
      }

      Wow, holy shit! I just wrote a function that can compare an infinite number of points!

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

      It's a British company, shithead.

      Which is relevant to this discussion only tangentially, you ignorant buffoon. The litigious environment being lamented is facilitated entirely by the American patent system.

      Whatever your opinions of software patents, this is a blatant misuse of those laws and a obviously frivolous case. That's means it is a fault with the company suing; and not entirely the legal system.

    17. Re:What the fuck? by duguk · · Score: 1

      You seem to have missed, "Why the fuck is that patentable?" attached to that line of questioning. It's patented in America; quod erat demonstrandum.

      Clearly reading comprehension is not your strong suit. We, too, question why you're on this site, because it's certainly not to add value.

      Maybe, but even if you think all software patents should not be legally binding, this is a particularly frivolous suit from a UK company, ergo a "WTF BT" is more appropriate than than a comment on the US legal system.

      Requiescat in pace.

    18. Re:What the fuck? by Anonymous Coward · · Score: 0

      Where infinite = 2^(2x), x = integer bit size on your platform...

  4. This does not affect only Android... by judgecorp · · Score: 1

    The OP points out that it covers other Google products, and it could also cover other mobile phone environments. We expect it will also be followed up very quickly by similar patent claims in Europe, where the German courts have been fast, and friendly towards patent holders. http://www.techweekeurope.co.uk/news/bt-sues-google-claiming-android-patent-infringements-50431

    1. Re:This does not affect only Android... by surprise_audit · · Score: 2

      According to Fosspatents on blogspot.com, one of BT's claims includes: "Following a login or the transmission of an authentication token, Google "offers the list of items that the user is entitled to access", and retrieves any such items at the user's request." Doesn't that pretty much cover *any* web server where you login to gain access to whatever your account entitles you?

    2. Re:This does not affect only Android... by angel'o'sphere · · Score: 1

      Your quote is completely out of context.
      In germany (and most of EU) we don't have pure software patents (yet).
      So going to court in Germany would lead to a dismissed case ...

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  5. Here we go again... by geminidomino · · Score: 1

    N/T

    1. Re:Here we go again... by Anonymous Coward · · Score: 1, Funny

      N/T

      Rough translation: "I have nothing of value to add to this discussion, but here's something anyway."

      [It's a rough translation only because a more accurate one would have just been a description of you staring blankly into the screen, drooling onto the keyboard.]

    2. Re:Here we go again... by jayme0227 · · Score: 1

      You aren't looking forward to the next wave of "Everybody Sues Everybody" in the cellular world?

      --
      But then I realized the cable was blue, so I only gave it one star. I hate blue.
    3. Re:Here we go again... by geminidomino · · Score: 2

      It's the same thing as last season, they just replaced the side characters. It's like watching "24"

  6. Probably Silly Question, but.... by Kamiza+Ikioi · · Score: 3, Insightful

    Why doesn't British Telecom file suit in their own country? Serious patent holders would, at least in my guess, have a home turf advantage.

    --
    I8-D
    1. Re:Probably Silly Question, but.... by bhunachchicken · · Score: 4, Insightful

      "Why doesn't British Telecom file suit in their own country? Serious patent holders would, at least in my guess, have a home turf advantage."

      Probably because it would eventually be referred to a court in the EU, and the judge would simply tell BT to fuck off.

    2. Re:Probably Silly Question, but.... by teh31337one · · Score: 1

      Because they would have got their asses handed to them here in the UK.

    3. Re:Probably Silly Question, but.... by FyRE666 · · Score: 1

      As others have said, they'd have little to no chance of success in the UK.

      They tried something similar back in 2000, when they claimed they owned the patent to the hyperlink. The judge wouldn't have any of it and they were told to go away.

    4. Re:Probably Silly Question, but.... by maroberts · · Score: 3, Informative

      Also probably because the patents are registered in the US, and Delaware happens to be where most companies are registered (incl Google, according to the action).

      Its probably easier to win a patent case in the UK than in the US, but a US judgement will allow them to knock on the doors of other companies (hello Apple) and get royalties.

      On the other hand, the lasttime BT tried to pull this off they crashed and burned rather ignominiously,

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

    5. Re:Probably Silly Question, but.... by advocate_one · · Score: 2

      because they're US patents...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    6. Re:Probably Silly Question, but.... by teh31337one · · Score: 1

      It's actually very hard to win a case like this in the UK. I was looking for the stat, but couldn't find it. Anyway, AFAIR, a high percentage of defendants win in the UK

    7. Re:Probably Silly Question, but.... by a_n_d_e_r_s · · Score: 4, Informative

      They can only sue where the patents are valid. If it's US patents - they have to sue in the US.

      Britain har been much more restrictive in allowing software patents. So I doubt they got british patent
      for those 'inventions'.

       

      --
      Just saying it like it are.
    8. Re:Probably Silly Question, but.... by Splab · · Score: 1

      Since the patents are software related and the EU does not recognize software patents, I'd say it would be extremely unlikely that BT would even get a court date in UK.

    9. Re:Probably Silly Question, but.... by Anonymous Coward · · Score: 1

      British Telecom hasn't existed in years. BT is a multinational floated on the NYSE and LSE.

    10. Re:Probably Silly Question, but.... by poetmatt · · Score: 1

      Courts are also not known to favor companies that are based out of other countries, when they're trying to litigate us companies. Not to mention when the patent wouldn't be valid in their own country makes quite a statement here.

    11. Re:Probably Silly Question, but.... by Anonymous Coward · · Score: 0

      Considering the patents are UNITED STATES PATENTS, They would never get a court date anywhere outside of the US (except maybe ITC).

    12. Re:Probably Silly Question, but.... by thetoadwarrior · · Score: 1

      You can ask that once the US quits taking domain names away from citizens of other countries or spying on them or having much different expectations on countries when it asks them to extrasite their citizens compared to when other countries want the US to send someone to them.

    13. Re:Probably Silly Question, but.... by toriver · · Score: 1

      Why doesn't the U.S. Army wage its wars on its own soil? Department of Defense, not Department of Attack.

    14. Re:Probably Silly Question, but.... by burning-toast · · Score: 1

      They are working on it. Just give them more time...

    15. Re:Probably Silly Question, but.... by Anonymous Coward · · Score: 0

      It depends on where the product is being sold. They sue in America as in the American continent they sue in Europe as in the European continent and likewise in Asia. Regardless of whether they succeed in the U.S. they will also sue in Europe. They very rarely need to sue in Asia because they are usually exporting countries Asian countries exporting foreign brand-name goods.

      I'm very pleased to see Google being sued. As a company it is becoming worse than Microsoft. It's browser sends back anonymous data to Google it's social manipulation on shit tube alias YouTube. It's random scanning of e-mails for advertising and targeting. It's backdoors for U.S. government spying. As a company it is out of control.

      Power corrupts and absolute power corrupts absolutely. Let's hope everybody sues Google.. It's a good day today it has made my day! go BT.

    16. Re:Probably Silly Question, but.... by Anonymous Coward · · Score: 0

      because they can't. There aren't software patents in the UK apart from the one or two that some scum bucket company was able to force through by court order.

    17. Re:Probably Silly Question, but.... by maroberts · · Score: 1

      Actually I believe it is less difficult to win in the UK - James Dyson for one has been quoted as saying that the US process of patent defence is extremely complex compared to the UK and European one.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

  7. Oh look, BT are becoming a patent troll now. by Anonymous Coward · · Score: 0

    Even more reason I am glad I got away from them.
    Corrupt, shitty company in every sense of the word.

    You guys in America should count yourself lucky that you haven't had to deal with BT, that oligopoly doesn't come close to how awful BT are and were before they got told by the antitrust guys.
    Although it seems many of them over there have been taking in some knowledge of the nasty crap BT has pulled over the years.

    Stop them. Stop them before it is too late.
    Nuke them from orbit, it is the only way. (sorta serious in that case because trying to get the law to do something about an oligopoly is like trying to pull teeth FROM A WALL)
    Good luck.

    Also, down with software patents, blah blah the usual. Destroy them before they manage to pay the rest of the world in to accepting software patents and destroying the entire software industry for generations.

    1. Re:Oh look, BT are becoming a patent troll now. by jellomizer · · Score: 1

      A company like BT has some R&D going and and they create patents. Now BT needs to defend it IP rights. So it will.
      Now if they win or lose isn't as much the issue (they would prefer if they win) but the fact they are defining their IP rights means other companies won't just go and blindly use their other patents without giving them any credit.

      The way this stuff usually turns out is the companies agree to trade patents or something else and everyone for the most part is happy.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  8. Poor summary of the patents by vlm · · Score: 5, Informative

    Here's my poor non-lawyer summary of the patents for those too lazy to look them up.

    Busioc granted in 2000 seems to be a troll patent on anything that reacts to detected network characteristics. TCP window size control since the 80s seems to be prior art, although anycast root DNS servers from the 90s would appear to be a close second.

    Mannings1 granted in 1994 seems to be a troll patent on anything navigational that relies on a base and mobile part. Like LORAN from the 60s, or any of the moon shots from the 60s where the capsule relied on the IBM 7094 mainframe to run the calcs back home.

    Titmuss1 granted in 2002 seems to be a troll patent where the the contents of a list depend on the location of the user. Like my Garmin GPS-12XL "nearest waypoint list" from the 90s, or any brick and mortar website with a "find the closest store" functionality.

    Gittins granted 2003 seems to be a troll patent where you have a database server accessed over the network that has user based permissions. Like any mysql installation. It seems to be a pretty good description of the DB2 IBM mainframe server I was tangentially involved with about 20 years ago (%^&# source route bridging SDLC by mac addresses still gives me nightmares)

    Mannings2 granted 2003 seems to be a troll patent where you have a Mannings1 system plus the result depends on the type of vehicle. Apparently providing different "walk" vs "drive" route results is safe because my shoes are not a vehicle, but providing "car" vs "boat" results would be a direct violation of this patent.

    Titmuss2 granted 2004 seems to be a troll patent where a distributed architecture and network is used to store location information. Basically, any computing infrastructure storing location information that does not have an obvious single point of failure; The CLR/DLR circuit layout system from my previous telecom employer would seem to be a pretty good example of an infringing product; of course that was from the 1980s, and Ma Bell had much older networked location aware systems. Remember ma bell's weird V+H coordinate system? I do.

    I believe this is a pretty accurate non-lawyer summary of the patents involved.

    --
    "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    1. Re:Poor summary of the patents by citizenr · · Score: 1

      I believe this is a pretty accurate non-lawyer summary of the patents involved.

      you forgot the most important aspect of all of those patents, they all include a phrase "on a mobile network"!

      --
      Who logs in to gdm? Not I, said the duck.
    2. Re:Poor summary of the patents by psxndc · · Score: 0

      Is there any patent you think isn't a troll patent? Seriously.

      --

      The emacs religion: to be saved, control excess.

    3. Re:Poor summary of the patents by sjames · · Score: 1

      That sort of thing in patents has always reminded me of the era of cartoons where they thought anything old could be made new again by adding a baby.

    4. Re:Poor summary of the patents by iceaxe · · Score: 1

      How about ones that aren't stupidly obvious, and haven't been done before, and actually describe something that contributes to the state of the art?

      --
      WALSTIB!
    5. Re:Poor summary of the patents by psxndc · · Score: 1

      which is all completely subjective.

      --

      The emacs religion: to be saved, control excess.

    6. Re:Poor summary of the patents by Cutting_Crew · · Score: 1

      which is exactly why we shouldn't be handing out subjective patents.. and theres the difference with software patents. all of them are entirely subjective..where as with drugs you have something you can see, hold, observe. Software the PERFORMS something that you can indeed observe through a PROCESS.. now thats something that i can get behind. No.. not the process itself.... the implementation of the process. Just using "process" is too broad and yes.. too subjective.

    7. Re:Poor summary of the patents by psxndc · · Score: 1

      If you think that a software patent claim is:

      1. The idea of one click shopping.

      Then you haven't really looked at the things your against.

      Every software patent has method claims that walk through a specific set of steps. They walk through the process. I understand you'll get behind a specific implementation, but are you really saying that if I code up something innovative in C++ and two years later you do the same thing in Java, then I lose because you did it in a different language?

      --

      The emacs religion: to be saved, control excess.

    8. Re:Poor summary of the patents by Cutting_Crew · · Score: 1

      i am saying that filing a claim on one-click shopping is ridiculous. Thats too broad and yes it stifles innovation. Thats like filing for a patent for a flat screen with rounded corners(apple) or coming up with some very vague and broad patents from BT... which if you add up all those patent claims, they might as well say that they have a patent on all of the wireless mobile technology. Thats pretty absurd, don't you think? Back to one-click shopping, if you have your own algorithms/steps/ etc you use that define your implementation of one-click shopping that is and should indeed patentable and i would get behind that.

    9. Re:Poor summary of the patents by Cutting_Crew · · Score: 1

      let me be more clear. When i mean "steps" earlier i meant a set of steps that have unique algorithms/implementations behind them. I did not in any way say that just creating steps was patentable.

    10. Re:Poor summary of the patents by ebunga · · Score: 1

      "on a mobile network" is the new equation plus "a computing device"

    11. Re:Poor summary of the patents by shutdown+-p+now · · Score: 1

      I understand you'll get behind a specific implementation, but are you really saying that if I code up something innovative in C++ and two years later you do the same thing in Java, then I lose because you did it in a different language?

      Perhaps we need to formalize this better. For example, have a standard pseudo-language for describing algorithms, which has to be used for patent applications, and with well-defined equivalence rules (no need to solve the halting problem there, just take care of obvious substitutions). Then, to validate if a specific implementation does infringe on the patent, you reduce it to that standard form, and compare against what the original patent specifies. If they match according to our equivalence rules, it's an infringement; if they do not, then it's not.

    12. Re:Poor summary of the patents by psxndc · · Score: 1

      ya know, I've had a lot of conversations about patents before, but this idea has never come up. I need to think about it, but I like it. The counter argument is that English is the language that satisfies this, and we already have it, but maybe we do need something a little technically deeper.

      I'm going to chew on this. Thank you!

      --

      The emacs religion: to be saved, control excess.

  9. There has to be more to this by dell623 · · Score: 3, Insightful

    These are such broad patents that there is no way Google are the only ones infringing, and there is no sound reason to only sue Google. This sounds suspiciously like someone is suing Google through proxy. Unfortunately with all the big media companies having nothing more to say apart from regurgitating whatever Florian Muller puts out, and he is too exultant about Google getting sued again to care about anything else, I don't see much hope of someone digging deeper.

    1. Re:There has to be more to this by Xest · · Score: 3, Interesting

      Try e-mailing BT's chief exec, Ian Livingston directly and ask him:

      ian.livingston@bt.com

      Perhaps he'll just fob you off to the PR or legal department, but he's responded to me before when I've had issues with his company and has actually been really good in helping me out. I e-mailed him on a Saturday morning when I wanted a second phone line reenabling and their sales Team told me there'd be no engineer cost, and then they sent me a £120 engineer bill and their support folks insisted I'd have to pay it. Within an hour, despite it being a Saturday he'd replied personally via his Blackberry and CC'd his PA telling her to get someone to sort it for me and they did. He also got things moving when their engineers were dicking around unable to fix a line at my old house for months.

      I can't promise anything, but of all the CEOs I've attempted to contact he's been the most helpful and willing to respond personally which is more than can be said for the likes of Amazon's UK boss such that I had to get the office of fair trading to rule against them on a complaint to sort out the problems I had with them (Guaranteed next day deliveries turning up 2 weeks later, twice, and not willing to refund delivery). Might be worth a go to express your concerns, but be polite, be reasonable in expressing your concerns and write your e-mail well.

    2. Re:There has to be more to this by pjr.cc · · Score: 1

      While its more then plausible that they're going after google cause someone else said so, and one could perhaps consider its a rather large conspiracy between many companies to erase google from the IT landscape by burying them in legal costs up to their ears, its also plausible they go after google simply cause they have the most number of mobiles and the largest market share, hence the largest chunk of plausible revenue should they win.

      to be honest though, i do believe alot of people are going after google cause its google and they're "open platform" scares the pants off people (from a "how do we make money from ours when google give it away for free" perspective - if nothing else).

      With any luck, these lawsuits (including MS, apple, etc) will all end with one result - alot of patents being voided... one can only hope its worth the cost and that google can afford it.

    3. Re:There has to be more to this by VortexCortex · · Score: 1

      Florian Muler is a bought and paid for MS shill. Instead of shouting down MS hate, instead he simply points out the absurd and bogus patents that Google, and other non-MS companies allegedly infringe. In fact, has he ever mentioned Microsoft Infringing anything? I mean, not mentioning the fact that Apple's iPhones, and phones with WP7 on them are also infringing is clear evidence he's a troll.

      That said: In order to infringe a patent you must be using or selling a combined hardware + software system. Hence: "Method AND Apparatus." If you just write the software and distribute it, you're not distributing an apparatus. I fail to see how ANY software patents can be infringed unless you're selling hardware.

      Now, Google's Nexus line makes them infringers of these bogus patents. However, what if all the phones just came empty like PCs did not so long ago? The user could install the OS of their choosing, similar to the way I configure my self built PCs. Then, the software is not a "Method AND Apparatus", and the empty hardware can't infringe software patents...

      The interesting thing to note is that the software data by itself CAN'T be infringing. Not unless the USPTO website is also in violation of every software patent they describe... The 1s and 0s are just a translation of a patent into a domain specific mathematical language. If storing a PDF of a patent is not an infringement, and translating said patent into Spanish, Latin, or pseudo code is noninfringing behavior, then a MACHINE CODE translation is not an infringement either. If distributing a computer with a PDF of a patent stored within it is not an infringement, then neither is distributing a computer with a Machine Code translation of the patent.

      The software and hardware ONLY become infringing when they are both combined by loading and EXECUTING THE CODE, thus creating the [Device + Apparatus] for which such patents are granted.

      Since selling a phone along with a PDF of a patent on a SD card is not infringement, it shouldn't be infringement to sell a phone and the machine code implementation of many patents on an external SD card. Thereby transferring all the possible infringements to only the end users when they first run the infringing software on the hardware. Even "booting" and "installing" the software is non-infringing if the code in question is not yet executed... Good luck suing all of the users that actually do infringe.

      Now, I suppose one could argue that in order to create the Android system some one would have to run it... However, I would argue that's not true. I frequently "run" my code via graph paper and pencil in my own mind's virtual CPU. If I can sit down with a paper and pencil and read the Android machine code, "executing" instructions by interpreting them myself -- well, then it can't be patented. It's all just math. (Yes, I do something very much like this regularly -- It's how I initially designed and debugged the VM for my scripting language).

      The problem is that we're allowing math or a set of instructions and a list of them to follow to be patented. These are purely mental processes, and should not be patentable. A CPU is merely a machine built to automatically perform the calculation for me... A calculator. It's important to note that the very 1st "calculators" and "computers" were HUMANS! Indeed, those titles were applied to the folks downstairs that received workloads from the engineers upstairs...

      If the empty computer itself is not in violation of a patent, then how does TELLING IT WHAT TO DO cause infringement? If the GIVING IT INSTRUCTIONS causes infringement, then we've allowed people to patent GIVING INSTRUCTIONS! If a person can follow the instructions then this is something the USPTO has stated is not patentable...

      Software patents must die. In my opinion, they are all 100% invalid... unless we agree to start granting monopolies over following any given set of instructions or even math itself.

    4. Re:There has to be more to this by Anonymous Coward · · Score: 0

      Microsoft and Apple stand to lose their lucrative Android tax if they sue google directly and lose. So they are suing by proxy to force google to show their hand. When Google's arguments are made, Apple and Microsoft's legal team will work to undermine them. If successful with BT fronting their lawsuits they will sue google directly.

      I'm speculating.

  10. BT Hyperlink by cormandy · · Score: 1

    Anyone remember BT suing Prodigy some 10 years ago regarding their claim to the Hyperlink???

  11. Because it was british by Anonymous Coward · · Score: 0

    I mean, take a look at Apple's "If it's black and rectangular, it's ours" patent. The reason why it was persued in the USA was that the patent lasted longer and was still in effect. Also check RIM's patent success against US company Blackberry.

    It was as valid a patent as any in the computing world.

    It was my hope that BT would lose and the courts would have ruled something substantive about ridiculous patents. They failed.

    1. Re:Because it was british by Ensign+Morph · · Score: 4, Interesting

      I mean, take a look at Apple's "If it's black and rectangular, it's ours" patent.

      The ipad injunction involved a European "Community Design", an appallingly stupid concept which is actually considerably worse than patents. There's no obviousness or prior art test AT ALL, they're simply granted automatically upon payment of the filing fee. It's absolutely guaranteed to be abused like this, in fact as the link shows Apple have a program that spam-registers designs which they have no intention of even using, just to make life difficult for their competitors. It's hard to escape the conclusion that it's simply a cynical device to collect those filing fees, with the negative effects on business and consumers being somebody else's problem.

      Oh, and the extremely generic community design they used for the ipad thing was filed in 2004, 6 years before the first ipad announcement.

    2. Re:Because it was british by WOOFYGOOFY · · Score: 1

      It's hard to escape the conclusion that it's simply a cynical device to collect those filing fees, with the negative effects on business and consumers being somebody else's problem.

      Oh you mean like every other software patent?

  12. Everybody wants a piece of Android's action by PolygamousRanchKid+ · · Score: 4, Interesting

    This seems like the new business model:

    1. Find a large volume successful product.
    2. Convince a court that it infringes on "your" patent.
    3. Settle for "a few cents" per item sold, as the Mafia say, "a piece of the action." Like a "tax."
    4. Profit, for someone else's work.

    I do not like these developments. Soon the royalty fees on an Android will cost more than the device itself.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  13. BT. The phallic company by sgt+scrub · · Score: 1

    And I thought their tower made them look like dicks

    --
    Having to work for a living is the root of all evil.
  14. Re:BT. The phallic company by sgt+scrub · · Score: 1
    --
    Having to work for a living is the root of all evil.
  15. John Carmack on Software patents by BlackSupra · · Score: 4, Interesting

    >The idea that I can be presented with a problem, set out to logically solve it
    >with the tools at hand, and wind up with a program that could not be legally
    >used because someone else followed the same logical steps some years
    >ago and filed for a patent on it is horrifying.
    >
    > On software patents, Quoted in "John Carmack: Knee Deep in the Voodoo" Voodo Extreme(2000-09-20)
    http://en.wikiquote.org/wiki/John_D._Carmack

    1. Re:John Carmack on Software patents by icebraining · · Score: 5, Informative

      Carmack posted a better message about software patents right here on /. : http://games.slashdot.org/comments.pl?sid=151312&cid=12701745

  16. Patent precedent by icqraid · · Score: 1

    If the world is going to keep up with this ridiculous process of patenting software then companies that sue other companies (sigh. . .all software companies) had better do some research to find out who supposedly has the first patent. Theoretically, you shouldn't be able to sue Google for a location based advertising patent if Apple was suing Google, because Apple claims it first. But of course it probably isn't that simple, there are probably dozens of companies around the world that can make the claim of having a such a patent. Continuing on this hypothetical rant, what if a company in the US actually has the first patent but never sued anyone because they were too small to feel they could win? Yet when they sell their patent to a legal firm, like Apple sold patents to Digitude who could then sue companies the shell company has the very real potential to win. Does this invalidate the other lawsuits from the other companies who filed over the same patent? Does this happen? I honestly don't know.

  17. a once huge company in decline by Anonymous Coward · · Score: 0

    I'm surprised that BT have the money to do this any more, I was working for them just 18 months ago and it was seriously 'a once huge company in decline'. They seemed like they were making the right moves to sort themselves out but this kind of bull stinks of desperation.

  18. I'm cheering the trolls on at this point by wanderfowl · · Score: 1

    At this point, I'm hoping that the system becomes so deadlocked with Software patents and everybody has a sword to everybody else's throat that even the big players have a reason to try and get the system dismantled. I'll be like a fever: unfortunate as it happens, but useful for ending the infection.

  19. Everybody must get sued by Anonymous Coward · · Score: 0

    So are we at the point where you're guaranteed to be sued by somebody every time you create a new product?

  20. Re:Slashdot, Slashdot, Why Do You Believe...? by Anonymous Coward · · Score: 0

    Do you check every 5 mins to see who replied to your bs?
    Your phalic comments are just a projection of what you crave...

  21. BT Really? by Nom+du+Keyboard · · Score: 1

    Since when has BT produced anything of actual value? Whereas Android is a great alternative to the iApple hegemony.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  22. It's The Damages, Stupid! by Nom+du+Keyboard · · Score: 1

    Can BT show that they've been damaged in any way at all by Android? I think that legally you have to show how you've been damaged.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  23. Lies, dirty stinking lies by s.petry · · Score: 1

    Software patents were not allowed until the Business Process Patent act which opened Pandora's box. This was in the late 1990's, which is much less than 30 years.

    Is there evidence that it hurts the economy? yes there is tremendous evidence. Look at market, trends, and innovation levels between the 1970s and 1980s and look what happened in the late 1990s after the first patent law suites were filed.

    The only people that benefit from Software Patents are attorneys and big businesses. Many of which spend millions of man hours a year doing nothing but submitting patent requests. Microsoft for example submits over 1,000,000 patent requests per year. Most of these are dismissed as "trivial" and "obvious". What do they actually innovate when these requests are for things like status bars, mouse clicks, and shared object use.. which has been around for 40+ years. They search for the holy grail patent wording to get things through the system. All this in the name of getting patent's and stifling competition and innovation, contrary to what patents are supposed to be for.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    1. Re:Lies, dirty stinking lies by Theaetetus · · Score: 1

      Software patents were not allowed until the Business Process Patent act which opened Pandora's box. This was in the late 1990's, which is much less than 30 years.

      ... are you in Europe, maybe? Or are you referring to the limitation on damages for business method infringement in 35 USC 280, which was added in 1999... But that was just a limitation on damages. Business method patents predate 1999, as do software patents. Look up Diamond v. Diehr.

      Is there evidence that it hurts the economy? yes there is tremendous evidence. Look at market, trends, and innovation levels between the 1970s and 1980s and look what happened in the late 1990s after the first patent law suites were filed.

      Well, we can certainly look at the market, but I don't think you really want to compare the revenue of the software industry in 1970 to the revenue of the software industry in 1999.
      And "innovation levels"? Do you have a metric for that? I'd suggest "number of patents filed per year", but you'd probably disagree.

      So, no... I don't see any evidence to support your claims. Would you like to provide some specifics, rather than just suggesting where to look?

      The only people that benefit from Software Patents are attorneys and big businesses.

      Agreed... big businesses benefit from patents. They or their employees or contractors do a lot of innovation, however... so I'm not sure why "big businesses make a profit" is an argument against software patents.

      Many of which spend millions of man hours a year doing nothing but submitting patent requests. Microsoft for example submits over 1,000,000 patent requests per year.

      See, the problem with pulling stuff out of your ass on the Internet is that it's readily researched. Microsoft submits over 1 million patent applications per year? There were only half a million applications filed last year. Unless Microsoft is "submitting" 99% of their applications into a dumpster, then [Myth Busted].

      Most of these are dismissed as "trivial" and "obvious".

      Actually, depending on how you count the numbers, between 45-65% of applications are allowed. [Myth Busted]

      What do they actually innovate when these requests are for things like status bars, mouse clicks, and shared object use.. which has been around for 40+ years.

      So, you agree that they innovate in those areas? Great.

      They search for the holy grail patent wording to get things through the system. All this in the name of getting patent's and stifling competition and innovation, contrary to what patents are supposed to be for.

      You've failed pretty hard in this post. Tell you what - go back to the GP and try again, but this time without pulling numbers out of your ass and saying "you want evidence? Well, it exists! Somewhere!"

  24. BT steals technology by Anonymous Coward · · Score: 0

    BT was one of my first lessons in harsh business. I sent them a device for use with their Red Care division (Scotland I think) for integration with elevators/lifts. The device was supposedly opened up by customs. In the end, they ripped off the solution and that was the end of it. I wish I'd encrypted the hard drive, but that's life - shit happens.

    Since this incident my R&D is a lot more under lock & key.

  25. black box nature of software by Anonymous Coward · · Score: 0

    another problem with software patents vs mechanical systems (for example) is the fact that software is completely closed. there is no way to modify, change or add onto the code because it is usually compiled into a format that cannot be accessed.

    I think an interesting reform to software patents would be the requirement to disclose the source code... ALL OF IT. That way there would be some value given to the community in exchange for the protection that is given.