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Facebook Patents Pokes-Per-Minute Limits

theodp writes "The USPTO lowered the bar again on Tuesday, granting U.S. Patent No. 8,296,373 to four Facebook inventors for Automatically Managing Objectionable Behavior in a Web-based Social Network, essentially warning users or suspending their accounts when their poking, friend requesting, and wall posting is deemed annoying. From the patent: 'Actions by a user exceeding the threshold may trigger the violation module 240 to take an action. For example, the point 360, which may represent fifty occurrences of an action in a five hour period, does not violate any of the policies as illustrated. However, the point 350, which represents fifty occurrences in a two hour period, violates the poke threshold 330 and the wall post threshold 340. Thus, if point 350 represents a user's actions of either poking or wall posting, then the policy is violated.'"

143 comments

  1. Well I'm going to patent this poke then. by Anonymous Coward · · Score: 4, Funny

    POKE 53281,0

    1. Re:Well I'm going to patent this poke then. by Anonymous Coward · · Score: 2, Funny

      POKE 53280,0
      What are you going to do now, huh?

    2. Re:Well I'm going to patent this poke then. by MichaelSmith · · Score: 1

      If you patent that poke I won't be able to write zeros to my cassette tape.

    3. Re:Well I'm going to patent this poke then. by Anonymous Coward · · Score: 4, Funny

      10 POKE 16384,76
      20 POKE 16385,64
      30 POKE 16386,0
      40 SYS 16384
      RUN

    4. Re:Well I'm going to patent this poke then. by marcansoft · · Score: 3, Insightful

      I'm afraid you've got the wrong endianness. Next time try programming for the 6800 instead ;)

    5. Re:Well I'm going to patent this poke then. by Time_Ngler · · Score: 4, Interesting

      I think you meant:

      10 POKE 16384,76
      20 POKE 16385,0
      30 POKE 16386,64
      40 SYS 16384
      RUN

      c64 is little endian

    6. Re:Well I'm going to patent this poke then. by Anonymous Coward · · Score: 0

      POKE 53272,0

      OWW...my screen hurts

    7. Re:Well I'm going to patent this poke then. by Anubis350 · · Score: 1

      This, this right here is why I love slashdot. Thanks guys, ya'll made my night :-)

      --
      "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
    8. Re:Well I'm going to patent this poke then. by vlueboy · · Score: 1

      If you patent that poke I won't be able to write zeros to my cassette tape.

      Can I patent writing ones?
      Checkmate!

    9. Re:Well I'm going to patent this poke then. by CimmerianX · · Score: 1

      Basic from an Atari 400/800.... ah yea... memories of manually coping in lines and lines of code into BASIC from one of those computing magazines in order play some crappy little game.

    10. Re:Well I'm going to patent this poke then. by KingBenny · · Score: 1

      lda $D000,0; roll a joint then ROL; ROR; ROL; NOP; NOP; NOP; that's been a while

      --
      Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
  2. Total Garbage by NFN_NLN · · Score: 5, Funny

    No wonder the USPTO is overloaded. If this is the garbage that qualifies as patent worthy.

    I'm going to patent ass-wiping thresholds now. Once you've wiped your ass 10 times in one sitting and you're still not clean then something has gone wrong...

    1. Re:Total Garbage by MightyMartian · · Score: 5, Funny

      Hah, Mark "Fucking" Zuckerberg here. I've already patented ass wiping thresholds, as well as asses and assholes. In fact, since Steve "Rotting Corpse" Jobs finally bit the big one, I'm even closer to cornering the asshole patent market.

      Look and be in awe of my might patented asshole!

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Total Garbage by Anonymous Coward · · Score: 1

      Agreed, can I patent the slow death of the us trade economy by systematic patenting of any possible new idea? Oh yeah, I have to include "with a computing device' in there somewhere. If you can't beat em, join em.

    3. Re:Total Garbage by similar_name · · Score: 3

      Every time I see your sig I picture Jesus riding down the highway on a moped.

    4. Re:Total Garbage by guttentag · · Score: 4, Funny

      I've already patented ass wiping thresholds, as well as asses and assholes. In fact, since Steve "Rotting Corpse" Jobs finally bit the big one, I'm even closer to cornering the asshole patent market.

      You can't patent asses and assholes. They're human interfaces with rounded corners. Apple would sue your ass off!

    5. Re:Total Garbage by Anonymous Coward · · Score: 0

      I'm going to patent ass-wiping thresholds now. Once you've wiped your ass 10 times in one sitting and you're still not clean then something has gone wrong...

      Not if you wipe it with this kind of patents :p

  3. Surely money has changed hands here by multiben · · Score: 1

    Facebook inventors don't tend to be short on cash and that's one of the weakest patents I've ever heard of.

    1. Re:Surely money has changed hands here by Anonymous Coward · · Score: 1

      I don't know, IBM's "colour in inter-office e-mails" patent still tops my list; but this one definitely makes my top 10.

    2. Re:Surely money has changed hands here by wbr1 · · Score: 1

      Facebook inventors don't tend to be short on cash and that's one of the weakest patents I've ever heard of.

      Sure money changed hands. Facebook paid lawyers, lawyers filed patent.
      The USPTO doesn't get paid off. They just rubber stamp things.

      --
      Silence is a state of mime.
  4. Genius by Dan+East · · Score: 5, Funny

    Man, that is some hard core stuff right there. Is there anyone frequenting Slashdot with genius-level IQ that could possibly break down this unbelievably complex, non-obvious behavior and explain it to the rest of us? This is what having billions of dollars of capital can do for you - bring the brain power to a company that is required to make these kinds of amazing discoveries. What I'm looking forward to are the physics and mathematical papers that can expand on these newly found principles and constructs. It's really the stepping-off point to marvelous things for humanity. In fact, I do believe this may even bring us a step closer to the Grand Unified Theory.

    --
    Better known as 318230.
    1. Re:Genius by Synerg1y · · Score: 1

      Pokes are a stupid concept to begin with. Does anybody use a phone to make calls anymore?

    2. Re:Genius by Cryacin · · Score: 3, Funny

      Thanks pal, my sarcasm meter just exploded.

      --
      Science advances one funeral at a time- Max Planck
    3. Re:Genius by cvtan · · Score: 1

      Let me explain the IF,THEN statement to you...

      --
      Sorry, but gray text on gray background is making my eyes bleed.
    4. Re:Genius by linear+a · · Score: 2

      "Phone"?

    5. Re:Genius by Anonymous Coward · · Score: 0

      Dennis Ritchie is probably turning in his grave on these "ideas".
      Patenting the possibilities a computer language enables its users to use is probably too much, just because some lines of code can be arranged in a specific way does not raise the bar on what is considered an invention (i am in favor of calling an invention discovery anyway). Or education is just too bad, whatever comes first.

      There is a good cause why copyright and patent system are separated.

    6. Re:Genius by hawguy · · Score: 1

      Pokes are a stupid concept to begin with. Does anybody use a phone to make calls anymore?

      Only if I'm calling my mom. For just about everyone else, about the closest I come to a phone call is a text message.

    7. Re:Genius by oodaloop · · Score: 2

      I dunno. Maybe he meant phablet.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    8. Re:Genius by Dan+East · · Score: 5, Funny

      Okay, then what is needed is a patent for limiting the amount of sarcasm in a commenting system. I'll lay the groundwork:

      For example, the point 360, which may represent fifty units of sarcasm in a five hour period, does not violate any of the policies as illustrated. However, the point 350, which represents fifty units of sarcasm in a two hour period, violates the sarcasm threshold 330. Thus, if point 350 represents a user's actions, then the policy is violated.

      Now it can never be said that I didn't contribute to Slashdot in a positive way after all these years.

      --
      Better known as 318230.
    9. Re:Genius by Anonymous Coward · · Score: 0

      If this stops all the Sheldons in the world from poking the girl that'll never get on Facebook and get back to work it may very well bring us closer the the GUT.

    10. Re:Genius by TheEffigy · · Score: 3, Informative

      I think it is more likely a defensive patent, otherwise some douche will patent it first and troll them for cash.

    11. Re:Genius by Anonymous Coward · · Score: 0

      It seems your sarcasm meter could have done with a poke threshold.

    12. Re:Genius by dfm3 · · Score: 2

      Yeah, you know, that handheld device you use to browse Facebook.

    13. Re:Genius by JustOK · · Score: 2

      You didn't contribute to Slashdot in a positive way after all these years.

      --
      rewriting history since 2109
    14. Re:Genius by Scarletdown · · Score: 1

      Pokes are a stupid concept to begin with. Does anybody use a phone to make calls anymore?

      I'm one of the few that does. Got a nice cordless phone there in the kitchen, and a cool touchtone duck phone (like I remembered from Silver Spoons) out here in the living room. No cell phone of any type here actually. :)

      And as for the patent in question...

      "Slow down, cowboy. I think Slashdot already does something similar, though that applies to posting too frequently."

      --
      This space unintentionally left blank.
    15. Re:Genius by alexmipego · · Score: 1

      Actually you make a good point there. Perhaps one possible solution for the much needed patent reform is based on scientific achievement. For example, it could be required that for a patent to be deemed useful you would need at least 2 research papers published on big peer-reviewed publications. The papers could even be funded by the patenter but between the submital and approval of the patent it had to be peer-reviewed and considered useful.

      As a nice side effect, by funding a research paper directly or inspiring others for that research, patents would actually be stimulating innovation instead of just big-ass-companies' pockets.

    16. Re:Genius by chrismcb · · Score: 1

      I think you violated the policy.

  5. Slow down cowboy by sjames · · Score: 3, Funny

    We might know of some prior art somewhere...

    1. Re:Slow down cowboy by Anonymous Coward · · Score: 0

      Apparently patent reviewers never hang out on IRC.

    2. Re:Slow down cowboy by MichaelSmith · · Score: 1

      But not patented prior art.

    3. Re:Slow down cowboy by sjames · · Score: 1

      That's the best kind. No matter what the patent office might think, the law doesn't distinguish between patented and unpatented prior art for the purpose of patentability criteria.

    4. Re:Slow down cowboy by Anonymous Coward · · Score: 0

      Yip first to file = lots o' money, first to actually build and implement = a reason to cry because the other guy patented it first so you now owe him millions.

    5. Re:Slow down cowboy by Anonymous Coward · · Score: 0

      Until you pay some lawyers, judges and politicians enough money, that is.

    6. Re:Slow down cowboy by reve_etrange · · Score: 2

      As far as I know every instant messaging client I've ever used has this functionality. Even AIM could do it. Presumably, all of those simply took the idea from IRC.

      --
      .: Semper Absurda :.
    7. Re:Slow down cowboy by Sigma+7 · · Score: 1

      Apparently patent reviewers never hang out on IRC.

      And even if you don't count IRC... there were still message boards that did rate-limiting based on posts per day. Glasscode (now disappeared) did that, and would even auto-adjust based on the user's trust level. At least one other forum exists like that too, even if the readership is low. Users wouldn't be auto-banned, but prevented from posting more until later.

      Patent reviewers haven't even heard of websites, let alone know whether or not something is obvious. Quite bad with a first-to-file system.

    8. Re:Slow down cowboy by Desler · · Score: 2

      No, first-to-file has no bearing on prior art. You realize that the rest of the world uses first-to-file systems and prior art is used in the same way to reject and invalidate patents, right? No not likely. To know that you'd need a clue.

    9. Re:Slow down cowboy by Nerdfest · · Score: 1

      They may even want to check out the definition of the standard HTTP 420 status code.

    10. Re:Slow down cowboy by LynnwoodRooster · · Score: 1

      But wait! You see, this is poke limiting done on the Internet! Er, wait...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    11. Re:Slow down cowboy by MichaelSmith · · Score: 1

      Okay but if I am a small developer and facebook sends the lawyers around to deal with my patent violation, who is going to come out on top?

    12. Re:Slow down cowboy by Anonymous Coward · · Score: 1

      AFAIK it's a Twitter-specific code, not specified in the HTTP RFC 2616. The more correct code would be 429, specified in recent RFC 6585, but it's from April 2012.

      The general concept of rate limiting would be mentioned in RFCs for a variety of lower level protocols, like the RFC 2463 for IPv6 from year 1998, so I would look for prior art over there.

    13. Re:Slow down cowboy by Anonymous Coward · · Score: 0

      Okay but if I am a small developer and facebook sends the lawyers around to deal with my patent violation, who is going to come out on top?

      The lawyers, obviously.

    14. Re:Slow down cowboy by fatphil · · Score: 2

      Or how 'fail2ban' works.

      The fact that we've already got a word for this - "rate-limitting" implies that they're not exactly being inventive.

      --
      Also FatPhil on SoylentNews, id 863
    15. Re:Slow down cowboy by Anonymous Coward · · Score: 0
    16. Re:Slow down cowboy by Anonymous Coward · · Score: 0

      Dyndns suspends you IP if you update too often.

  6. 29th Amendment by Anonymous Coward · · Score: 0

    The Right To Be Annoying shall not be abridged by the federal government, it's legislation or it's keepers, the newly created class of citizens who now oversee our political affairs, the corporations.

  7. Prior Art by RdeCourtney · · Score: 2

    Hmmmm, my social networking site, which has been around for many many years, has had this since 2008 - I wonder if I should contact the USPTO?

    --
    Insert signature here...
    1. Re:Prior Art by RdeCourtney · · Score: 1

      Actually, my mistake, looking at the dates from the comments in the script files, those modules were originally scripted in 2006!

      --
      Insert signature here...
    2. Re:Prior Art by cheater512 · · Score: 1

      You just drew attention to yourself and admitted that you are infringing.

      Prepare to be sued!

    3. Re:Prior Art by someones · · Score: 1

      Do it! post results.

    4. Re:Prior Art by Anonymous Coward · · Score: 1

      Actually, my mistake, looking at the dates from the comments in the script files, those modules were originally scripted in 2006!

      This makes a major difference the patent was "Filed: February 2, 2007"; if you published your work before then then it sounds to me like you do have prior art. However, that word "published" is going to be very important; you need to put it where other people can read it. A web site will do fine (especially if you can prove the date - archive.org is your friend). Open sourcing the code is likely to be perfect. If you kept this information secret and didn't somewhere explain how your system worked then you may just have admitted to patent infringement (or maybe not - sometimes separate inventors are allowed to continue; I don't remember the details - ask your lawyer).

      Posting a comment on Groklaw might be a good way of bringing attention to your prior art.

    5. Re:Prior Art by MichaelSmith · · Score: 1

      No thats not on facebook.

    6. Re:Prior Art by Anonymous Coward · · Score: 0

      I wonder how many may infringe this patent unintentionally. Even without protocol implemented, some social media sites might have servers with latency issues. If the bandwidth ain't there, the end effect is pretty much the same. The users are going to be limited in what they can do in a given amount of time.

  8. Limit of Pokes per minute by HockeyPuck · · Score: 5, Funny

    At what point does pokes per minute turn into a tickle fight?

    1. Re:Limit of Pokes per minute by Anonymous Coward · · Score: 0

      That's an intriguing question, and one that will probably go all of the way to the Supreme Court.

  9. Best. Patent. by fustakrakich · · Score: 0

    EVAR!

    --
    “He’s not deformed, he’s just drunk!”
  10. Showers by Anonymous Coward · · Score: 0

    Claim 1-If two showers in an apartment building with common hot water supply are turned on, hot water is provided to both. But if four showers are turned on each automatically receives a reduced amount of hot water. Claim 2-If a toilet is flushed while a shower is turned on, the reduced cold water supply changes the mix of hot and cold water, making the shower water temperature hotter.

    1. Re:Showers by rtfa-troll · · Score: 2

      Claim 1-If two showers in an apartment building with common hot water supply are turned on, hot water is provided to both. But if four showers are turned on each automatically receives a reduced amount of hot water. Claim 2-If a toilet is flushed while a shower is turned on, the reduced cold water supply changes the mix of hot and cold water, making the shower water temperature hotter. whilst the apartment building has an internet connection

      Don't think you fully get this. You patented hundreds of years old technology for which there is clear prior art. I fixed that for you. Your patent should now stand up in court.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    2. Re:Showers by aicrules · · Score: 1

      My showers both have a thermostatic valve on them that passively adjusts water pressure coming in from the hot and cold lines ensuring that consistent amounts of hot and cold water come through the shower head despite variations in main-line pressure. That valve is the prior art.

  11. Finally by Herkum01 · · Score: 4, Funny

    It is about time someone solved this poking problem! I am sure NASA will be licensing this technology right away!

  12. Prior Art owned by AOL by Khyber · · Score: 4, Insightful

    AOL already implemented this with rate-limiting certain actions on AIM, and beefed it up even further with the warning system.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  13. Bitch Slap Patent by theshowmecanuck · · Score: 0

    I'm going to file a patent to automatically bitch slap the wankers on slashdot who automatically make the stupid fucking "Oh yeah, well I'm going to patent xyz retard joke" whenever one of these stories shows up. And I'll file another patent to send those who automatically respond, "oh yeah well you'll have to get around my patent of your patent" lame jokes to the goatse guy for their punishment.

    --
    -- I ignore anonymous replies to my comments and postings.
  14. Prior Art Part 332040450... by Anonymous Coward · · Score: 5, Insightful

    We used to configure eggdrop bots on IRC to auto-kick users that performed X behavior X times in a time period of X. *sigh*

    1. Re:Prior Art Part 332040450... by Areyoukiddingme · · Score: 4, Insightful

      If I'm not mistaken, Eggdrop comes configured out of the box with rate limits. You can customize them, but you don't have to. If the bot is oped, it will defend the channel from morons by default.

      Which is even closer to the patent, apparently, where the policy it babbles about amounts to defaults.

    2. Re:Prior Art Part 332040450... by Anonymous Coward · · Score: 0

      Performed poke behavior poke times in a time period of poke?

      Dude, you need more variables in there.

  15. Hire Software Engineers to Vet Bullshit Patents by theshowmecanuck · · Score: 1

    Can't they hire some decent software engineers to look at shit like this and automatically label this as obvious and not innovative? Maybe even on contract basis so they rotate people through so they don't eventually go crazy trying to filter the overwhelming onslaught of bullshit Facebook, Apple, Amazon, and Google patents. Right now even Microsoft is looking good compared to these guys, and that's saying something.

    --
    -- I ignore anonymous replies to my comments and postings.
    1. Re:Hire Software Engineers to Vet Bullshit Patents by Manfre · · Score: 1

      The problem is that many of the larger companies pay bonuses to employees when one of "their ideas" is filed as a patent. There is a monetary incentive for programmers to generate this crap. IBM is another company that does this and I know a few of their employees that try to get IBM to patent anything and everything for the extra cash in their pay check.

        I still blame the USPTO for granting stupid patents, such as this one. Rate limiting is not a new concept.

    2. Re:Hire Software Engineers to Vet Bullshit Patents by Anonymous Coward · · Score: 0

      It's obviously not obvious if no one has filed a patent for it yet. And only the courts can decide if a prior patent is actually for the same thing, so there is nothing for the USPTO to do but award every patent applied for, as long as the fees are paid and the paperwork in order. What do they need engineers for?

  16. Enough by kvnslash · · Score: 1

    I don't know why I read these anymore, it just makes me so mad. How do you patent "if (x > threshold) then perform_action()" ???? I know this is a simplification of what has probably been implemented, but this seems to be what facebook is claiming is the patent-worthy invention here... What the fuck USPTO? Go away... Please.. Now...

  17. Slashdot Patent Violation Test by Dan+East · · Score: 5, Funny

    Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke.
    Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke.
    Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke.
    Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke.
    Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke. Poke.

    Nope, Slashdot is not in violation of the patent. Investigation closed.

    --
    Better known as 318230.
    1. Re:Slashdot Patent Violation Test by Anonymous Coward · · Score: 0

      I do hope you used your middle finger to do the poking

  18. Slow down, Cowboy by istartedi · · Score: 5, Funny

    Slow down, Cowboy. You seem to have filed too many frivolous patents. Come back in 15 minutes.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  19. Guys, guys guys! Hey guys! by Anonymous Coward · · Score: 1

    These young'ins have no clue WTF you're talking about.

    To them, 6502 assembly is the instruction book for an IKEA furniture product or the access key for some 'i'something or another from Apple.

    1. Re:Guys, guys guys! Hey guys! by tragedy · · Score: 5, Informative

      The code in question is basic code, but it's basic code that loads assembly instructions into memory at 16384, 16385, and 16386, then hands the cpu over to the program inserted at 16384. The 76 is a jmp command and the next two memory addresses contain 64 (0x40) and 0 (0x00) combining to 0x4000, which translates to 16384. In other words, it's assembly code for an infinite loop.

    2. Re:Guys, guys guys! Hey guys! by Anonymous Coward · · Score: 0

      You apparently don't either. That's C64 Basic not 6502 assembly.

      I poked the op codes in directly. To be pedantic, It's C-64 machine code poked in with a BASIC program. Unfortunately as another poster pointed out, I got the endian wrong. this has the op-codes all layed out. In retrospect I should have just googled "6502 endian" but a good Slashdot post is a race to beat the clock on irrelvancy, and a guess as to whether or not it's worth the potential karma burn. So. I just looked up the op-code for JMP and blasted it out there as AC. FWIW, I used to know LDA immediate, STA immediate and absolute, and a handful of other op codes in various addressing modes, by heart.

      Oh, BTW if you're wondering what the intent of the code was, go back to the top of this thread or visit Apple's campus.

    3. Re:Guys, guys guys! Hey guys! by Anonymous Coward · · Score: 0

      Well, I had no idea WTF a poke on facebook is until I read this. Has that stopped anyone?

  20. False positives? What false positives? by Shag · · Score: 2

    I got back on Facebook in early September, after spending a while away from it. I'd been on it, on and off, since the .edu-address-required days, and have a lot of friends on there. I started adding them, and before long, Facebook decided I must clearly be a spammer, since no "new" user could possibly know a couple hundred people. It banned me from everything but posting to my own wall, accepting friend requests, and poking people, for a solid month.

    --
    Village idiot in some extremely smart villages.
  21. An Alternative Suggestion by nickspoon · · Score: 1

    Actions by a user exceeding the threshold may trigger the violation module 240 to take an action. For example, the point 360, which may represent fifty occurrences of trivial patents in a five year period, does not violate any of the policies as illustrated. However, the point 350, which represents fifty occurrences in a two year period, violates the stupid-patent threshold 330 and the blindingly-obvious invention threshold 340. Thus, if point 350 represents a user's actions of obtaining ludicrous patents for everyday things, then the policy is violated. Think I'm on to a winner here.

    1. Re:An Alternative Suggestion by fatphil · · Score: 1

      You've failed to mention 420, which I think is relevant here.

      --
      Also FatPhil on SoylentNews, id 863
  22. Blizzard was even earlier. by Pyrus.mg · · Score: 3, Funny

    Orc peons in Warcraft II had a poke limit in 1995.

    1. Re:Blizzard was even earlier. by Anonymous Coward · · Score: 0

      Thank you. I came to this thread looking for that.

    2. Re:Blizzard was even earlier. by Anonymous Coward · · Score: 0

      Orc peons in Warcraft II had a poke limit in 1995.

      Come to think of it this is the first time I ever saw the poke limit implemented.

  23. MSN by wisnoskij · · Score: 2

    Reminds me of MSN messenger.
    The messenger used to limit sending of too many pokes per time unit, but it did nothing to limit receiving pokes.
    Catch the correct packet, and sent it 10,000 times a second on repeat; Good times.

    --
    Troll is not a replacement for I disagree.
    1. Re:MSN by Anonymous Coward · · Score: 0

      But that was nudging, not poking. A completely different thing!

  24. "Poke Suggestions" by Smirker · · Score: 1

    As the subject implies. Thank Facebook for the existence of this concept.

  25. Noooo by Anonymous Coward · · Score: 0

    Doh. There went my startup...

  26. Too much poking!!! by CHIT2ME · · Score: 1

    Hey, If your poking more than 50 times in 2 hours your doctor needs to cancel your Viagra prescription and say; "GO OUTSIDE AND GET SOME EXERCISE YOU FAT SLOB!!!)

    --
    My karma is bad. Don't get too close!!!
    1. Re:Too much poking!!! by Anonymous Coward · · Score: 0

      If you're poking more than 50 times in 2 hours, you probably have the body of a Greek demigod.

  27. Stack exchange - ask patents by Cutting_Crew · · Score: 1

    If you go to stack exchange , google and the ustpo have gotten together so that 3rd party members and others can invalidate patents in crowdsourcing effort and look at other patents that have not yet been accepted. I have tried to submit this story twice now and was declined. Check out patents.stackexchange. If you think that certain patents should be invalidated then state your prior art and work with those that can help you research. By the way I have tried to start a thread on there about blizzard being sued by worlds inc.

    1. Re:Stack exchange - ask patents by theshowmecanuck · · Score: 1

      Good one. I just checked that out on stack. I'll give it a regular read. Thanks.

      --
      -- I ignore anonymous replies to my comments and postings.
    2. Re:Stack exchange - ask patents by gumpish · · Score: 1

      Sadly once First-To-File kicks in, the question of prior art will be moot. Then the quality of patents will truly drop through the floor.

      I find it difficult to believe that the patent trolls are greasing up the politicians more than the industry players who would prefer reform.

    3. Re:Stack exchange - ask patents by icebraining · · Score: 1

      Sigh. That's not true . First-to-file doesn't eliminate prior art as a eliminating rule for patent applications.

      The only difference between first-to-file and first-to-invent is when you have two patent applications for the same underlying invention, and the USPTO needs to decide who to attribute it to. Before, you could submit unpublished evidence of the date of your invention (e.g. dated documents), but not it decides based on who files first.

      Read the USPTO new rules, they explain clearly that AIA will actually expand, not eliminate, prior art as as excluding factor.

    4. Re:Stack exchange - ask patents by Kupfernigk · · Score: 1

      Yes, First-to-file avoids all the inconvenience of buying a stack of lab notebooks and ballpoint pens every year, and "distressing" them, so that when you want to file an invention you can write about it in notebooks of the proper age with the proper ink. (Macaulay remarks that in Bombay in the 19th century there were whole companies dedicated to keeping stocks of old parchment, paper and ink, often for official documents, for when someone needed a suitably dated forgery.)

      --
      From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  28. Patents.... by Cute+and+Cuddly · · Score: 1

    Has anyone bothered to patent limits on how often can a third party break wind?

    1. Re:Patents.... by JustOK · · Score: 2

      Plenty of prior fart

      --
      rewriting history since 2109
    2. Re:Patents.... by Cute+and+Cuddly · · Score: 1

      Love it! You are a genius! Be careful or Apple will try to hire you for their intellectual property dept.

  29. Fomenting disrespect by Just+Some+Guy · · Score: 5, Insightful

    You can't do insane crap like this, like grant patents on token buckets, and then complain that people don't respect others' intellectual property. You're teaching us to despise your claims to ideas.

    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:Fomenting disrespect by Anonymous Coward · · Score: 0

      > You're teaching us to despise your claims to ideas.

      No, they're teaching that you don't own _anything_ until you've paid enough money to lawyers.

      That bit in the constitution about powers not mentioned reverting to the states or to the people?

      Sorry -- everything's been mentioned now, and patented.

      Any idea you come up with, it'd be much safer for you just to pay the licensing fee in advance, don't argue.

  30. I've seen this before by EmperorOfCanada · · Score: 1

    I have seen this before. Various things that limit messages, signups, email checks, login attempts. I can't count the number of times that I have been told "You have exceeded the number of XXX, please wait X seconds before trying again."

  31. Good strategy by aNonnyMouseCowered · · Score: 1

    Much as I hate Facebook with a passion, I think this is the "right" strategy for them to survive in a litigious patent regime. In a patent war, you need every weapon you could get. Frivolous patents like this may well be more effective in a patent war than essential patents where you can get sued for abusing FRAND licensing:

    http://apple.slashdot.org/story/12/10/24/2033252/doj-investigating-samsung-for-patent-abuse

    On hindsight, Google's acquistion of Motorola Mobility doesn't appear to have benefited it much in its court cases with Apple and Microsoft, two companies with a large chest of non-essential, even frivolous patents.

    Corporate moral: Patent everything, even if a two-year-old child can build it.

    1. Re:Good strategy by Nerdfest · · Score: 1

      Google hasn't directly been the victim of their abuse yet. They've been going after the phone manufacturers so far.

  32. Prior art by Anonymous Coward · · Score: 0

    Three strikes.

  33. More stupid software patent stories! by __aaltlg1547 · · Score: 1

    Where, exactly, is the originality?

  34. Benefits by Memroid · · Score: 2

    If this helps to prevent one more product from implementing the concept of poking, the patent system may just be worth it after all.

  35. Some prior art by kaldari · · Score: 1

    Wikipedia's AbuseFilter is prior art.

  36. C-SPAN's 30-day limit by Captain+Smooth · · Score: 1

    Same concept.

    --


    The ability to monopolize an industry is insignificant, next to the power of the source.
  37. How many pokes does it take to screw a face? by Penurious+Penguin · · Score: 1

    Ask Douglas Adams:
    But first: When will people finally get sick of being "poked" in their social fannies by Faceclamp? With just a little consumer discretion, these 'creative geniuses' could easily be patenting their own obsolescence and isolation. For fucks sake, my fellow primates; is this the Personality Banquet At The End Of The Universe?

    Face7809904123: ""Good millennium," it lowed and sat back heavily on its Faceclamp poker , "I am the gullible Digit of the Day. May I interest you in the attributes of my psyche?"

    It harrumphed and giggled a bit, shuffled its mind quarters in to a more accessible status and gazed submissively at them.

    Its gaze was met by looks of startled bewilderment from Pokerberg and the NSA, a resigned shrug from the CIA and naked hunger from Marketers.

    "Something off my children perhaps?" suggested Face7809904123, "compressed into a PDF and spreadsheet ?"

    "Er, your whole family?" said Pokerberg in a juicy whisper.

    "But naturally my family, Lord," mooed the Face eagerly, "no other is easier to offer."

    The Marketers leapt to their hooves and started prodding and exploiting the Face's family salaciously.

    "Or my Friends© are very good," murmured the Face. "I've been conversing and receiving lots of "likes", so there's a lot of personal data there."

    It emitted a feeble mew, giggled again and started to divulge the data. and so on and so forth

    *Theme borrowed from some writer who anticipated the future of social media.

    --
    Forward! -- Emperor Norton, 2012
  38. FACEBOOK SLOVES humanities most IMPORTANT PROBLEMS by Anonymous Coward · · Score: 0

    glad to know smart people like the creator of facebook and its staff are working hard at giving facebook users poke protection, the US economy is saved. folks, investors.. buy some shares in facebook today, your country depends on it.

  39. IRC did it by Anonymous Coward · · Score: 0

    This, and even more elaborate implementations, have been in use in IRC clients and scripts for years.

  40. Doesn't make sense... by Culture20 · · Score: 1

    To poke more than once, both sides have to willingly engage in the poking. If one side deems the poking annoying, they just have to ignore the poke.

  41. Talk to your Mom by Anonymous Coward · · Score: 1

    From what I understand, "The female anatomy has ways of shutting that whole thing down."

  42. Good - USPTO reducing patent values by Anonymous Coward · · Score: 0

    I hope the USPTO keeps up the good work. Eventually the value of patents will be reduced to zero because there are simply too many ridiculous ones.

  43. Poco Rit. by guttentag · · Score: 2

    In concert band in high school, the girl next to me used to poke me every time the sheet music said "poco ritard." I should patent that before Facebook does. You know, to protect the entertainment rights of band geeks everywhere.

  44. Unfortunately this is all defensive by kawabago · · Score: 3, Insightful

    The current patent system makes it imperative that companies patent every line of code they write, so parasites like Intellectual Vultures don't come along and patent that thought and sue.

    1. Re:Unfortunately this is all defensive by black3d · · Score: 1

      Wish I had mod points. This really is the reason a lot of these "obvious" "prior art" patents come up, especially when the US is insanely moving to "first to file". Companies have to file, prior-art be damned, just to save themselves litigation down the track. That's also why a lot of major corps are filing patents with "no-sue" agreements. They're not patenting to litigate, they're patenting to prevent litigation. A patent is cheap compared to a day in court.

      That's not to say they're not going to then use that patent abusively. They probably would vs another company producing a similar product. However, if you're producing a different product which uses similar technology based on decades-old prior art, you probably wouldn't lose a case as long as you could afford the lawyers. Patents are overturned in court all the time (except in Texas :p) because they're patently (I made a pun) invalid.

      --
      "The true measure of a person is how they act when they know they won't get caught." - DSRilk
  45. Limiting actions/time is novel? Innovative? by Anonymous Coward · · Score: 0

    I have prior art in an Elgg plugin I wrote about a year ago - and that is for a social network - so they can't even claim "* in a social network"

    http://community.elgg.org/plugins/821368/1.5/spam-throttle-18x

    I doubt I'm the only one, most likely every other social network framework has something similar. The patent is pure BS, lets just add it to the pile.

    1. Re:Limiting actions/time is novel? Innovative? by Anonymous Coward · · Score: 0

      Before someone else points it out I didn't read past the abstract - filed in 2007, but still, that's definitely not novel or innovative

  46. So are the rest of you FINALLY by Jafafa+Hots · · Score: 2

    going to agree that "intellectual property" is neither?

    The only instances of intellectual property theft that have occurred has been when human culture has been stolen and privatized by "intellectual property laws."

    --
    This space available.
  47. Pedestrian Buttons by Anonymous Coward · · Score: 0

    on De Anza in Cupertino already do this.

  48. Okay here goes... by onemorechip · · Score: 1

    1. Create something nobody needs, and everybody but the most juvenile will find annoying.
    2. Create (obvious) method for limiting the annoyance created by step 1.
    3. Patent the method in step 2.
    4. ????
    5. Profit!

    --
    But, I wanted socialized health insurance!
  49. Per-Minute Limits by Anonymous Coward · · Score: 0
  50. Breidbart Index by alanw · · Score: 1

    This reminds me of the Breidbart Index, a very longstanding
    measure of abuse (cross/multi-posting) to Usenet.

    http://www.catb.org/jargon/html/B/Breidbart-Index.html

  51. Why wouldn't you just disable the feature? by flimflammer · · Score: 1

    Why would you let your users harass people with these features if you could just as easily disable them once they've reached this imaginary threshold?

  52. for the love of Jesus by Anonymous Coward · · Score: 0

    Every time I see your sig I picture Jesus riding down the highway on a moped.

    Shouldn't he be riding a camel?

  53. Free us from thinking! by GeekWithAKnife · · Score: 1


    Dear Facebook,

    Thank you for this. I've often felt a bit lost when people should be told they are annoying. Now that you have cemented this in code aspies everywhere will finally be able to know EXACTLY when a person is annoying and by definition when they are annoying.

    I do hope that all future messages, tweets, pokes, posts, nods, winks and obscene gestures will be filtered via Facebook in the future, for posterity.

    Perhaps we could go into business together. My registered patent is a bit similar but involves slapping people in the face when they piss me off by. Naturally to demonstrate this we'd have to meet in person, with the creators of this pokes per hour epiphany. You know, genius to genius.

    --
    A 'singular oddity' is an event that cannot be explained and only happens when you are alone.
  54. Won't work by Kupfernigk · · Score: 2

    The Journal of Social Media Interactive Dynamics, staffed by Facebook employees and reviewed by a few professors at the various new Facebook-funded University Chairs of Social Media Interactive Dynamics, would cost less than lawyers.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  55. Creating prior art here by Fuzzums · · Score: 1

    However if a user responds in the same speed, the communication is marked as "valid" and no limits apply.

    Facebook. If you're going to implement this, let me know. I'm sure we can work something out.
    If I find out you implemented this without contacting me, it will be a different story.

    --
    Privacy is terrorism.
  56. oh finally by amoeba1911 · · Score: 1

    they implemented a feature FTP sites had implemented twenty years ago. Back then it wasn't called poking or friend requesting, it was called hammering, and you got temporarily (or sometimes permanently) banned for it.

    Back then it was a common sense solution to a common problem. Ever since common sense died out in the 90's, people think common sense solutions are novel and deserve patent.

  57. Eventually... by Anonymous Coward · · Score: 0

    So they are doing this so when Facebook eventually Fails (I mean heck, It takes a ALOT of money to pay people and run Datacenters etc) then along comes the next "big" social network Facebook can sue them for this and hey presto PROFIT!

  58. With slight modification from the standard form... by Hillgiant · · Score: 1

    I recognize that the facebook/email analogy fails on a more than one element, but much of the standard form applies.

    Your patent advocates a

    (*) technical ( ) legislative (*) market-based ( ) vigilante

    approach to fighting spam. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)

    ( ) Spammers can easily use it to harvest email addresses
    ( ) Mailing lists and other legitimate email uses would be affected
    ( ) No one will be able to find the guy or collect the money
    ( ) It is defenseless against brute force attacks
    (*) It will stop spam for two weeks and then we'll be stuck with it
    (*) Users of facebook will not put up with it
    ( ) Microsoft will not put up with it
    ( ) The police will not put up with it
    ( ) Requires too much cooperation from spammers
    ( ) Requires immediate total cooperation from everybody at once
    ( ) Many email users cannot afford to lose business or alienate potential employers
    ( ) Spammers don't care about invalid addresses in their lists
    ( ) Anyone could anonymously destroy anyone else's career or business

    Specifically, your plan fails to account for

    ( ) Laws expressly prohibiting it
    ( ) Lack of centrally controlling authority for email
    (*) Open relays in foreign countries
    ( ) Ease of searching tiny alphanumeric address space of all email addresses
    (*) Asshats
    ( ) Jurisdictional problems
    ( ) Unpopularity of weird new taxes
    ( ) Public reluctance to accept weird new forms of money
    ( ) Huge existing software investment in SMTP
    ( ) Susceptibility of protocols other than SMTP to attack
    ( ) Willingness of users to install OS patches received by email
    (*) Armies of worm riddled broadband-connected Windows boxes
    ( ) Eternal arms race involved in all filtering approaches
    (*) Extreme profitability of spam
    ( ) Joe jobs and/or identity theft
    ( ) Technically illiterate politicians
    ( ) Extreme stupidity on the part of people who do business with spammers
    (*) Dishonesty on the part of spammers themselves
    ( ) Bandwidth costs that are unaffected by client filtering
    ( ) Outlook

    and the following philosophical objections may also apply:

    (*) Ideas similar to yours are easy to come up with, yet none have ever
    been shown practical
    ( ) Any scheme based on opt-out is unacceptable
    ( ) SMTP headers should not be the subject of legislation
    ( ) Blacklists suck
    ( ) Whitelists suck
    ( ) We should be able to talk about Viagra without being censored
    ( ) Countermeasures should not involve wire fraud or credit card fraud
    ( ) Countermeasures should not involve sabotage of public networks
    ( ) Countermeasures must work if phased in gradually
    ( ) Sending email should be free
    ( ) Why should we have to trust you and your servers?
    ( ) Incompatiblity with open source or open source licenses
    ( ) Feel-good measures do nothing to solve the problem
    ( ) Temporary/one-time email addresses are cumbersome
    ( ) I don't want the government reading my email
    ( ) Killing them that way is not slow and painful enough

    Furthermore, this is what I think about you:

    (*) Sorry dude, but I don't think it would work.
    ( ) This is a stupid idea, and you're a stupid person for suggesting it.
    ( ) Nice try, assh0le! I'm going to find out where you live and burn your

    house down!

    --
    -
  59. Isn't there prior-art in IRC clients? by Anonymous Coward · · Score: 0

    I thought IRC channels had bots that did this all the time. Wouldn't that be considered prior art?

  60. USPTO TIFF images unavailable via QuickTime plugin by Crimey+McBiggles · · Score: 1

    Hey I don't know how many of you are attempting to review the patent in question, but it's very difficult for non-MSIE users to load the figures included in the patent. It would be cool if posters would instead link to freepatentsonline.com rather than (or in addition to) the uspto.gov website. Here's a PDF of the patent in question: http://www.freepatentsonline.com/8296373.pdf

    --
    Crimey