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Google (Patent Pending)

Jason Eric Pierce writes "I just noticed something interesting while using Google, considering how much it has been praised here by those that tend to denounce software patents: 'Unlike other current generation search engines, which rely heavily on keywords or meta-search technology to find information, Google offers an advanced patent-pending technology called PageRank(TM) to deliver the most relevant results. PageRank ensures that the most important, relevant pages always come up first and that your users will always find what they are looking for.' I love Google, but I hate the idea of patenting a search algorithm/implementation." Good point. Thoughts?

267 comments

  1. Patents the way of the future. by KillKenny · · Score: 0

    I am not surprised. You gotta go with the flow. Patenting everything including the kitchen sink is the thing to do these days.

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

    Not so perfect, you cockmonkey

  3. WOW by Anonymous Coward · · Score: 0

    Just like Nancy Kerrigan you never gave up til you got TEN. You are a wienner sir.

  4. Not sure its a good idea. by Anonymous Coward · · Score: 1

    It doesn't handle phrase searches properly, like most search engines. First, when a word in Initial Caps is typed in, it should default to a phrase search. For example, any three words typed in (Hillary Rodham Clinton) should be assumed to be a phrase first, and all results with this phrase should show up at the top of the page. Then the results in which the three words are not contiguous should appear. Try searching for "World New York." Do you see any pages with "World New York"? No. Now try searching for "related:www.worldnewyork.com" The "World New York" pages are in there. Why don't they come up in the phrase search? I use phrase searching equally as much as majority-word results, so this is a real shortcoming to me. [Majority-word results are when you type in a bunch of words that you'd like to appear in the results and the pages returned for your search are ranked with those having the majority of the search terms you entered at the top.]

    BTW FIRST Plagiarized post

    1. Re:Not sure its a good idea. by Anonymous Coward · · Score: 1

      Enclose phrase searches in quotes. (e.g., "world new york")

    2. Re:Not sure its a good idea. by mwdib · · Score: 1

      Try reading the help instructions at http://www.google.com/help.html.

      I work in an academic research library. We do lots of evaluation of search tools (including search engines). Google makes our recommended list because of it's strength in returning relevant results. It is so good, that if the technology is patentable, it probably should be. Other search engines that make the recommended list (Alta Vista and Infoseek) carry the caution that you must use advanced search features and know how to use the search tool in order to filter out irrelevancies. Northern Light makes the list because of categorization and the fact that it includes about 5,000 publications not indexed else where.

      Oh, well. We can say it ten zillion times and students still don't pay attention: TAKE TIME TO READ THE SEARCH TOOL'S HELP FILES.

      --
      "When I grow up, I'll be stable."
  5. BEEYACHT by Anonymous Coward · · Score: 0

    STFU!!!!!!!!!!

  6. Ever tried to search google for this.. by svo · · Score: 3
    1. Re:Ever tried to search google for this.. by dr_labrat · · Score: 1

      Try this then:

      http://www.google.com/search?q=microsoft+sucks+a ss&num=10

      --
      The secret of success is honesty and fair dealing. If you can fake those, you've got it made. (Marx)
    2. Re:Ever tried to search google for this.. by Zach+Baker · · Score: 1

      Try "the company with no class".
      Steve Jobs was right, and Google agrees!

    3. Re:Ever tried to search google for this.. by drwiii · · Score: 2
      Google Search: "the end of the world as we know it"

      Search engine envy? Can't disagree with the second result, though..

    4. Re:Ever tried to search google for this.. by Anonymous Coward · · Score: 0

      More fun with google: "the company with no ass" give you something almost, but not completely, different.

    5. Re:Ever tried to search google for this.. by Anonymous Coward · · Score: 0

      All you have to type is "more evil". Also try "worst operating system".

    6. Re:Ever tried to search google for this.. by Anonymous Coward · · Score: 0

      dumbass heheh... http://www.google.com/search?q=best+operating+syst em&num=10

    7. Re:Ever tried to search google for this.. by Zach+Baker · · Score: 1

      And this simple search (programmer zach) produces my last programming credit!
      Google rocks!

  7. Strange ranking behavior? by storem · · Score: 1
    Google offers an advanced patent-pending technology called PageRank(TM) to deliver the most relevant results.

    I don't know how this technology works. But it surely has some funny "relevant results". Take a look at this one: http://www.google.com/search?q=bugs+picture.

    It's a fact: they should be first... Google rulezz!

    1. Re:Strange ranking behavior? by Spider[DAC] · · Score: 1

      whee.. this really is correct ;)

      --
      I didn't do this, now did I?
    2. Re:Strange ranking behavior? by storem · · Score: 1
      My friend Carl found this one. I believe there is no doubt anymore:

      http://www.google.com/searc h?q=worst+software+ever+made

  8. It's not their fault by vndr · · Score: 2
    I know, in /. the obvious trend is somewhat anti-IPR. But Google apparently utilizes technology (ok, not anything worth a Nobel but inventive anyway) that has not been commonly used in search engines. If they feel that they have made an invention, why not trying to patent it?

    Although software itself is not patentable (and should not be), technologies and algorithms definitely are. The distiction is (and should be) made by the patent office. Self-discretion in this context just means lack of money ;-)

    1. Re:It's not their fault by Ernest_Miller · · Score: 1

      Algorithms should not be patentable by themselves. After all, an algorithm is merely a formula or set of steps for solving a particular problem. As Turing proved, any logical algorithm can be made to run on a Turing Universal Machine, or computer. The problem with current patent law is that the courts and USPTO are permitting the patenting of the most general algorithms, simply because they can be implemented on a computer.

    2. Re:It's not their fault by johnburton · · Score: 2
      Nobody seems to have made the point that it's not patents that are "evil", it's using thge courts to extort money out of people for using an obvious technique.

      Patents were originally intended to support the free exchange of ideas by giving people a short period of protection for the ideas which might have taken a lot of time and money to develop to ensure that it was worth people investing time and effort in new ideas.

      Things like one-click ordering would take about 15 seconds to think up and about a day to implement and so are not deserving of patent protection. And anyone who uses the courts to enforce such a patent has basically just found a way to make money undeservidly and deserves the contempt they get.

      You have to look at each patent on it's own merits. It's hard for a software patent to be reasonable because software ideas just are not that expensive to develop that they need protection.

      --
      Sig is taking a break!
  9. Is it obvious? by dparker · · Score: 2

    I dunno. I agree that the vast majority software patenting that's been going on lately is silly; "One click ordering" is a pretty obvious thing.

    But from what I've read, Google's search logic is pretty ingenious, and not very obvious at all.

    Is this not an example of a case where a patent makes sense? At the moment I'd say that I am not troubled much at all by this one.

    1. Re:Is it obvious? by Kingpin · · Score: 1

      And what if netscape had patented cookies?
      Guess what, things are ingenious the first year or so after they've been developed. Then they become mainstream and common knowledge. Thank heavens that Patent Panic® didn't begin in the earliest days of the web.

      --
      Unable to read configuration file '/bigassraid/htdig//conf/14229.conf'
      Geocrawler error message.
    2. Re:Is it obvious? by Anonymous Coward · · Score: 0

      How is it not very obvious?

    3. Re:Is it obvious? by Anonymous Coward · · Score: 0

      If any smart person can sit down for 2 weeks and invent something that has been patented from scratch, then it should not be patented.

      Personaly, what should are only things that have taken more than 12months of R&D, not something thought of over a few hours which any one can duplicate.

      I mean if one person doesnt make something, some one else will, so why is it patentable. Only something completely new and magical should, else grow up and develop something new.

      If its, "i invented this first 12 minutes before you did, so I should have the patent" then what a blow job of a system it is.

    4. Re:Is it obvious? by dparker · · Score: 1

      I understand your point and it is well taken. Please temper your reading of what I'm about to say with the knowledge in mind that I agree that patents of late have been silly:

      The notion of patents came about for a reason, which (if memory serves) goes something like this: It gives the "little guy" an incentive to create, and a chance to profit from its creation wherein for a period of time it is not under threat of having some large monopoly simply imitate and walk away with the market.

      Ring a bell?

      Now, in the case of browser technology, it happens that we're all much better off in the long run that browser technologies aren't patented. We'd be in a very different "world" today if such patents existed. In this sense you're absolutely right.

      But I'm not sure it's right to begrudge the "little guy" some small protection under the law for a short period of time. Minus this protection, creativity outside the context of a corporate monolith seems decidedly less attractive to me.

    5. Re:Is it obvious? by dsfox · · Score: 1

      Patent panic *did* begin in the earliest days of the web, its just that those patents are just being issued now.

    6. Re:Is it obvious? by Anonymous Coward · · Score: 0
      If any smart person can sit down for 2 weeks and invent something that has been patented from scratch, then it should not be patented.

      Well, there's been a lot more than two weeks since www.google.com went live, and a lot more time before that this research was being conducted, quite a bit of it out in the open.

      The fact that nobody else seems to have reinvented this wheel in all that time is a pretty good claim for originality here.

    7. Re:Is it obvious? by Longing · · Score: 1

      From what I understand, this is the work of two PhD students who have spent years working on this algorithm.

      That should be patentable. It's not like you or I are the people they need protection from. They need protection from Lycos or AltaVista or whomever who would say "hey, this new algorithm would give us a better search engine, resulting in more people staring at our banner ads and making more revenue for us, and it's not patented, so let's use it."

    8. Re:Is it obvious? by Anonymous Coward · · Score: 0
      But from what I've read, Google's search logic is pretty ingenious, and not very obvious at all.

      Is this not an example of a case where a patent makes sense? At the moment I'd say that I am not troubled much at all by this one.

      I disagree. Their search logic is ingenious, but rather obvious if you sit on a chair and think of the problem for a while. That's why it took me 10 minutes to understand the crux of their research, which, as I understand it includes:

      • heuristics to evaluate the discrimination power of each word (based on its position, and how often it appears in similar pages, etc...).
      • counting the number of links to some page (this metric already exists for researchers: in order to "evaluate" the value of the work of some researcher, some count the number of articles quoting his work).
      • better, take into account the "value" of the page linking another page (slashdot is worth more than a porn site). More generally take into account the whole graph. Find heuristics/ideas to restrict the size of the graph considered.
      • take into account the number and quality of other pages that one page references.
      • when crawling the WWW, explore first pages with an high value.

      I'm pretty sure that if I was hired as a designer in some search engine, I would come up with similar ideas.

      What is bogus, is that they claim it is the result of 3 years research ; I suspect most of that time was spent implementing, crawling the WWW, and tuning their heuristic, so actually what should be legally protected is not the implementation of their idea, but their software, their WWW page cache, and the value of their parameters.

    9. Re:Is it obvious? by wnissen · · Score: 1

      Not to be too picky about this, but a patent takes 18 months to 2 years to be issued. I seem to recall using Mosaic in 1995 or so. At that point, there were a lot of people excited about the web, but not many people buying and selling. However, the idea of the browser, HTTP, the hypertext link, these were all incredibly novel. Yes, I'm aware that hypertext as a concept far predates the web, but to link between computers essentially transparently was revolutionary. I certianly think that that could have been awarded a patent, but the inventors chose not to seek one.

      Walt

    10. Re:Is it obvious? by the+eric+conspiracy · · Score: 1

      "If any smart person can sit down for 2 weeks and invent something that has been patented from scratch, then it should not be patented."

      The law states "an invention must not be obvious to one with ordinary skill in the art".

      "only things that have taken more than 12 months of R&D, not something thought of over a few hours which any one can duplicate."

      I don't think that time is a good indicator of the originality of an invention. Many really good inventions occur while you are taking a shower in a flash of insight, or as the result of an accident. For example, Teflon resulted from a chemist noticing a small amount of solid material in an experiment involving frozen refrigerants. Obvious? Hell No. Less than a year? More like 3-4 days to analyze the solid material. Did he deserve a patent for having the insight to realize this was something worth investigating? You bet.

      I mean if one person doesnt make something, some one else will, so why is it patentable.

      Are you sure someone else will? How long have we had search engines? Are you sure somebody else would have come up with this ranking method?

      If its, "i invented this first 12 minutes before you did, so I should have the patent" then what a blow job of a system it is.

      The reason for this is to prevent people from sitting on inventions. Patents were invented to encourage people to publish their results, not keep them squirreled away in some lab until they might need it.


    11. Re:Is it obvious? by Anonymous Coward · · Score: 0

      As I said in another post.. I was doing this in the summer of '96, so yes, it is pretty obvious.. it only takes a very slight jump to realize that the web can self rank itself via the communities out there and how they interlink. Certainly no PHD needed, I did it without a Bachelors.. -Scapegoat

    12. Re:Is it obvious? by Seth+Golub · · Score: 1

      A lot of folks here complain about how obvious things are patented. Other people chime in that those things are obvious now, but weren't obvious when they were patented. That's a good point, but I think it's often not true, and that shouldn't surprise us. Every day we read about why that's the case.

      The patent office tries to determine whether something is obvious to knowledgeable people in the relevant industry. But they're a US government agency, and they can't pay enough to keep knowledgeable software people on staff. Being a patent officer is not a glorious job. Do you know anyone working there? I don't. Know anyone who wants to? Me neither. How much would it cost to have clueful people on staff, or to consult some regularly? I know lots of people clueful about the software industry, and, not surprisingly, they're all working in the software industry. It's easy to find an exciting job that pays well. How can the PTO compete? They can't, of course. Worse yet, it was years before they even tried.

      We've heard recently how hard it is to get corporate engineers to talk to corporate patent lawyers. There are people who base careers on patenting things their engineers thought were obvious. In many cases, I'd guess that there were engineers at other companies who also thought those things were obvious, but since no one spent $100k to have a lawyer go around and ask them, we get stuck with more stupid patents.

      In April 1999, Q. Todd Dickinson (Acting Commissioner of Patents and Trademarks, USPTO) gave a speech, which I'll quote briefly here:

      [O]ne of the reasons some have questioned the ability of the PTO to gauge software innovations is the lack of an organized, meaningfully complete library of prior art. In this sense, software has presented PTO with a very different challenge than, say, biotechnology. Patenting was at the ground level of biotechnology; the PTO has been watching biotech since its inception.

      But by the time of the watershed Diamond vs. Diehr case and its clear mandate to issue patents in the software realm, there were already decades of programming under the industry's belt. Since then, PTO has embarked on an ambitious programs to catch-up - a program I am committed to continuing.

      I hope they catch up soon, but I'm not optimistic. I don't think it's a question of building libraries; they'll never keep up. They need to stop relying on full time examiners and start asking people actually in the industry.

      As for Google's patents, I haven't read them. I'm hoping it's more than just scoring relevancy based on how something is referenced. That's been obvious to me for a long time, and I was waiting for someone to build a search engine that way. There are a lot of people who think of a lot of neat patentable things, but who don't have the time/money/desire to patent them. No matter how many people think of the same thing though, it's still fair game for whoever bothers to apply for a monopoly.

    13. Re:Is it obvious? by Anonymous Coward · · Score: 0
      From what I understand, this is the work of two PhD students who have spent years working on this algorithm.

      Most likely 99% of the time has been spent implementing, tuning, crawling, and making experiments about engine.

      Heck, even Netscape could claim it took them an incredible amount of man-years of work to establish HTML + WWW server (and patent it), while inventing HTML+HTTP would require only something like 1 week.

    14. Re:Is it obvious? by Longing · · Score: 1

      If you did do this, and have it at all documented, then you can send this information to the patent office for their consideration while they ponder giving Google their patent.

      Cheers

    15. Re:Is it obvious? by Anonymous Coward · · Score: 0

      uh ... actually, the history of patents involved a lot of deep philosophical debates by guys like John Locke, but basically, the purpose of patents in the minds of the framers of the constitution (who gave congress the power, but not the obligation, to grant patents) was to ENCOURAGE DISCLOSURE of technologies. the idea was that if one person built a better loom, the nation was better off if every mill in the land could use that loom, rather than having the inventor keep it secret for the market advantage thus gained. since then, the patent law (and underlying philosophy) has transmuted. patents create a "barrier to entry" in a market, which translates to higher costs to consumers through REDUCED competition. the idea that patents protect the little guy is transparently preposterous -- the vast majority of patents are held by giant corporations, and are much more likely to be used to squash little guys than reward them. the idea that it encourages development is similarly absurd -- it allows large corporations to cripple development by insisting on outrageous royalties for technologies that build on their patented inventions. the most annoying aspect of patents wrt software is that the time frame is ridiculous. it should be 2 years instead of 2 decades.

  10. Let's patent the Slashdot effect! by Brento · · Score: 5

    Patent #93,593,376:
    A method of testing web servers by writing an interesting story for nerds, adding a few large JPG's, and then posting said link to slashdot.org. The result of posting is a large and immediate increase in web traffic, not for purposes of advertising (because said nerds don't have any money to buy things) but only to test the reliability of one's web server.

    Licensing will be a no-brainer. If a company wants to test their servers, they can just mirror a six-month old news story and tell Hemos about it. "Psst - there's an article on here about why Linux web servers aren't as good as NT. It's only six months old - it's still news!"

    - Sorry, Hemos, you walked right into that one.

    --
    What's your damage, Heather?
  11. OHMYGOD! It's by Anonymous Coward · · Score: 0

    a message from jesus! repent!repent!repent!repent!repent!repent!repent!r epent!repent!repent!repent!repent!repent !repent!repent!repent!repent!repent!repent!repent! repent!repent!repent!repent!repent!repen t!repent!repent!repent!repent!repent!repent!repent !repent!repent!repent!repent!repent!repe nt!repent!repent!repent!repent!repent!repent!repen t!repent!repent!repent!repent!repent!rep ent!repent!repent!

  12. Why the stupid patents? by arcade · · Score: 1

    Why is it that companies I praise for a while, suddenly turns bad and start patenting ideas? I've recomended google to everybody I know for the last 6 months or so - And now they screw it up. Thypically.

    Patenting software ideas is a bad thing. Now the ranking system will be patented for .. is it 25 years? That's .. stupid .. plain stupid.

    Of course they should be praised for having a nice idea. And patents could've been OK - if they lasted a year or something. But 25 freaking years? yargh. I'm out looking for a new search engine, that's for sure. (and sending some cute emails to google, of course..)

    --
    "Rune Kristian Viken" - http://www.nwo.no - arca
    1. Re:Why the stupid patents? by speculatino · · Score: 1

      Gee. I guess people who come up with something innovative that might possibly make them *rich* (something of a four letter word to a lot of /. readers) they should be condemned for it. I have a question. If it was useful before you found out about the patent why isn't it still useful? When will idealists like you wake up and realise that people have a righ to make money out of the things they toil on and if that means using legislation to protect their work then so be it.

    2. Re:Why the stupid patents? by Anonymous Coward · · Score: 0

      The term of a patent, the last I heard is 17 years. Moreover, patent pending means at most: they have applied for a patent (or plan to ), which is uneforceable. That is, until and only if granted.

      The reason patents were encouraged was to share the knowledge after a suitable fixed period grant of monopoly use. Trade secrets , in contrast are not protected and redress for the loss requires proof of theft.

    3. Re:Why the stupid patents? by Vidar+Hokstad · · Score: 1

      US patents currently last 20 years from the date of application. And more importantly: It is valid, but unenforcable, from the date of application. Thus if anyone infringe on the patent in the period from it is applied for, and until it is granted (if it is), they may have to pay licensing fees for that period. (Disclaimer: I'm not a lawyer, I only talk like one on Slashdot :-))

    4. Re:Why the stupid patents? by ktheintz · · Score: 1

      They have every right to copyright the source code, and/or to keep it secret. But they have no more right to patent an algorithm than Newton or Leibniz had the right to patent Fundamental Theorem of Calculus.

  13. Obvious... by Dilbert_ · · Score: 5

    I don't think most Slashdotters are against all patents, but more against patenting the obvious (like the icon for these stories indicates). One-click shopping, or banner ads are so obvious (to one 'skilled in the art', eg. a geek) that they shouldn't be patentable.
    What Google uses is far from obvious, so this merits a patent. I think this was the original idea behind the patent system, but somehow the USPTO seems to have lost the definition of 'obvious' along the way.

    --
    superblog.org: all your favourite blogs on o
    1. Re:Obvious... by __aahlyu4518 · · Score: 2

      quote One-click shopping, or banner ads are so obvious (to one 'skilled in the art', eg. a geek) that they shouldn't be patentable.
      What Google uses is far from obvious, so this merits a patent"


      A few years back the one-click shopping and banner adds were not as 'obvious' as they are now and if Google wouldn't patent it's search technique, it would be as obvious as the other 2 patents in a few years, because their technique would've been widespread. Obvious patents are just obvious because the techniques are common.

      It is true that it is crazy to patent something already used across the globe... That's what is against those requests. The fact that google chooses to request a patent on their stuff while it's still new, is just common business, and common sense.

      Whether such a technique should be 'rewarded' with a patent is another story.

      Greetz,

      MarsDude

    2. Re:Obvious... by tjansen · · Score: 2

      What I hate about patent is that they mean that you just cant do something anymore, even if you (re-)invent it yourself. The probability of reinventing is much higher with simple inventions, of course, but if somebody has never heard of Google (and can prove this) and has the same idea, he is not allowed to use it. That is not fair.

    3. Re:Obvious... by Zigg · · Score: 3

      A few years back the one-click shopping and banner adds were not as 'obvious' as they are now ...

      Patenting ``one-click shopping'' is just preposterous. You might as well have patented cookies. And if you did, you'd shoot yourself in the foot, because another solution would be found to the problem, and you wouldn't even see cookie support in browsers.

      Banner ads, OTOH, depend on being widespread and the concept being freely available to catch on. I doubt you could patent them if you tried, though with the government existing as it does today, I won't take any bets.

      Now Google's technology would obviously be a great boon if it was published. I'd love to see it. But Google's patent extends to what amounts to their entire business, and does not extend to the protocols that folks need to depend on to communicate with their server. It's all behind the scenes and it provides a better product. On top of that, the patent's existence ensures that down the road, we'll all be treated to a good description of it that we can use.

    4. Re:Obvious... by Gleef · · Score: 2

      I think all sane people should be against patenting the obvious. Ruling out patenting the obvious requires no change in patent law, just having the USPTO follow their own guidelines better.

      Where I (and I think many of us here) differ from the USPTO is in patenting technology. Patents were designed to protect the development of tools, not technology. You develop a better adjustable wrench, you patent it (tool). You never were supposed to be able to patent the technique of tightening a bolt by using a wrench (technology). Software patents, business practice patents and algorithm patents are all patenting technology, not tools.

      Patenting technology is dangerous, since it stifles innovation, development, and even the activities of the general public. It also encourages flooding an already overloaded legal system with long and expensive lawsuits. The only people who really benefit from technology patents are the lawyers.

      As for the specific Google patent, I would agree that the technology it patents is not obvious. Also, given that the current system allows technology patents, it's far easier for Google to defend their business from someone else's patent if they've got one themselves, so I don't begrudge them a defensive technology patent. The point where I get upset, and will get upset at Google, is if and when they use the patent as a tool for threatening (or suing) someone else.

      ----

      --

      ----
      Open mind, insert foot.
    5. Re:Obvious... by Anonymous Coward · · Score: 2

      A few years ago? Hell, before the web even existed the idea of banner ads and one click shopping were obvious.

      Banner ads are obvious to anyone with any marketing savvy whatsoever. They have been univerally used in every medium that can be used for advertising, hence the very term "banner." Certainly if you had given a brief description to any publication based marketing developer of the web, oh, say 50 years ago, the idea of banner ads would come to him in about, oh, 5 minutes. It's that obvious. *Implimenting* them in the particular medium might be less obvious, but the idea itself isn't. What would be unique and revolutionary, even to the least sophisticated end user, these days would be a publication medkum that *didn't* use "banner ads."

      One click marketing? My local grocer has been using it for over 75 years that I know of personally. It's possible that they've been using it much longer than that, ( My local grocer has been in operation continuously for over 200 years, only 75 with the current owners). Here's how a transaction goes, (ring, ring, ring...."Yeah, hi Pete, look, next time you send the van out can you send me the usual, and add a bag of Doritos(tm) too? Yeah, thanks.")

      Notice a couple of key points in this transaction. I havn't identified myself, my grocer knows who I am without direct input from me. The bag of Doritos is delivered to my door. No financial exchange is done explicitly, finacial matters arn't even brought up.

      My grocer has a database of customers, cookies if you will, of his regular customers, i.e. he knows who I am and can recognize the sound of my voice and unique speach patterns as well as my unique buying patterns. The only thing I've had to explicitly order is the one item that he knows I *don't* normally get, ( I'm alergic to all flavors of Doritos, honest). Once a month I write him a check for the amount I owe him, an amount that is contained in a database "hyperlinked" to my order record, i.e. his 3x5 card file.

      One click shopping has been prior art for a long, long time and is obvious, as an idea, to anyone with experience in a retail trade.

      These ideas are so obvious that any sharp 12 year old could have come up with them without expending a great deal of mental effort.

    6. Re:Obvious... by jabber · · Score: 2

      Patenting the concept of 'one-click shopping' is ridiculous, granted. But is it ridiculous to patent some novel piece of enabling technology?

      Even patenting an algorithm may be acceptable, if the algorithm is specified enough to be recognizable as such, and complex enough as to not be a basic building block in the whole field of thought. For example, Dijkstra's routing algorithm is recognizable regardless of the implementation language. It even bears the man's name ferchrisakes. And there are alternatives applicable to the problem domain - though they have somewhat different characteristics.

      But patenting the binary search is dead wrong. It's like seeking a patent on covalent bonding. Not only is there prior art that predates any binary search implementation (since it's an obvious way of zeroing in on an item in a sorted collection of anything), it's also a fundamental building block, with hardly a comparable alternative.

      Worst of all is that which has been emerging lately. Umbrella patents on a concept are evil. These seek to corner a broad idea and corral all implementations. Things like 'one-click shopping' are right on the fringe of the umbrella patent trend. And the only reason the trend didn't get squashed on the first lame attempt is because the people granting the patents are not up to date or knowledgable in the computer field. Much like the legal system isn't up to date on the computer industry (witness the DOJ vs M$ sideshow. Melissa, et al). Much like the legislature isn't up to date on the computer industry (crypto restrictions).. Blah, blah, blah.

      As you point out though, there is a benefit to patents - even the questionable ones on algorithms. In time, we'll get to see their innards. With 'trade secrets' we do not have this option, until somone brute-forces it. Isn't this the case of Intel, with AMD making a workalike having guessed at the contents of the 'trade secret' black box?

      --

      -- What you do today will cost you a day of your life.
    7. Re:Obvious... by Anonymous Coward · · Score: 0
      Err.. once again in '94 when the AMZN patent was issued, one click was NOT obvious..

      As for Google.. I did the exact same thing in a gov laboratory in the summer of '96, way way before Google. And yes, it worked amazingly well.. I was saving the idea for a thesus.. So I would suspect that I wasn't the first to think of it either, just as Google wasn't. -Scapegoat

    8. Re:Obvious... by phil+reed · · Score: 2
      These ideas are so obvious that any sharp 12 year old could have come up with them without expending a great deal of mental effort.

      The problem is that those things are obvious now. Where they this obvious two years ago? I know you'll say "yes", but I really wonder.


      ...phil

      --

      ...phil
      "For a list of the ways which technology has failed to improve our quality of life, press 3."
    9. Re:Obvious... by Sludge · · Score: 2

      I disagree. What is obvious changes with time, and if it isn't specifically about the Internet, then it may change with culture as well. The problem with patents is that it causes market stagnation.

    10. Re:Obvious... by sjames · · Score: 2

      Actually, one-click shopping WAS obvious a few years back. Many considered and discarded the idea as a potential liability (user sets up one-click and orders some stuff. User's kid comes in and one-clicks a whole ton of stuff without having to authenticate or steal dad's credit card, dad disputes the charges...). In fact, I considered such a technique myself. I STILL think it's a big potential liability, and wouldn't use it unmodified even without the patent.

    11. Re:Obvious... by sjames · · Score: 2

      The problem is that those things are obvious now. Where they this obvious two years ago? I know you'll say "yes", but I really wonder.

      If his grocer has been using it for 75 years, I'd guess the answer is YES.

    12. Re:Obvious... by Ed+Avis · · Score: 2

      Yes, the real villains here are not Google (who may just be trying to defend themselves, we'll have to wait and see), but those who grant such patents in the first place.

      In the US, this seems to be mainly down to the incompetence of the USPTO, who clearly have a vested interest in expanding the scope of what is patentable. Elsewhere in the world, it is made clear that software is not patentable. Copyright makes sense for software, patents do not.

      But there are some who are lobbying to spread the US software patent system throughout the world. In particular, they seek to introduce software patents in the European Union. You can check out freepatents.org to find out more about the fight to stop this happening.

      --
      -- Ed Avis ed@membled.com
    13. Re:Obvious... by Sanity · · Score: 1
      ...the patent's existence ensures that down the road, we'll all be treated to a good description of it that we can use.

      Er, yeah, about 20 years down the road. This is the problem with all software patents, not just the obvious ones, in 20 years this information will probably be useless as computing will have moved on, Google basically have this patent for the entire duration (and then some) of its useful life. If you must have patents on non-obvious algorithms, I think they should last at most 2-3 years, that would give the owner of the patent enough time to make some profit, but would also allow the public to benefit from the patent while it is still relevant.

      --

    14. Re:Obvious... by Anonymous Coward · · Score: 0

      In theory, patents serve to reduce reinvention. They might have actually accomplished that if they were novel, readily accessible, readable by practitioners, and could be licensed under reasonable terms, but vermin have discovered they can grab a lot more money if they make vague, overbroad, and obvious claims, wait until everyone else reinvents it (which generally doesn't take long), sue them (often threats suffice) or demand ludicrous fees, and be the only surviving vendor in that market.

  14. Need more info by Anonymous Coward · · Score: 0

    Before all of you go screaming for blood, remember that we don't actually know what they do. It might be something incredibly clever that is indeed patentable. Anybody have any idea if it's something more interesting than weighing words in titles and headers more heavily? -Lars

    1. Re:Need more info by Anonymous Coward · · Score: 0

      Scientific America did a story that exaplains the ideas behind google.

  15. Re:Perfect, not. (-50, Offtopic Flamebait) by *borktheork* · · Score: 1
    7th the perfect number


    Actually, 7 is very far from a perfect number. A perfect number is one whose aliquot divisors add up to itself. 7 does not even come close, being a prime. 6 is a perfect number.


    1 + 2 + 3 = 6

    See? Hope this helps...

    --
    *borkborkbork*
  16. Do we object patents or just bad patents? by supersnail · · Score: 5

    This is the crux of the question is do slash.dotters object to the principle of patenting ideas full stop, or, just the patenting of dumb ideas.

    If your priciple objection is to the patenting of dumb ideas then you should have no problem with the google patent. Thier search algorithms are certainly different from all the others and produce good and consitent results. It seems like they are patenting something "original, not obvious, and which works". There may be some prior art here as a ton of work has been done on search algorithms over the years, but generally speaking this looks like a "good" patent.

    If the main objection is to patents per se, then I would say we are a bunch of hypocrytes. The whole high tech industry which produces all the goodies we love to play with is driven by patents. IBM is not going to spend billions researching "copper" etc. and give as those lovely gigahertz processors if some company in tiawan can rip off the design as soon as it is working.

    --
    Old COBOL programmers never die. They just code in C.
    1. Re:Do we object patents or just bad patents? by g1t>>v · · Score: 3

      Maybe the patents are needed in some way to compensate for research costs, but I'd think that nowadays the life-time of patents is much too long. 25 years (or whatever) was maybe fine 100 years ago but nowadays technology of 10 years ago is obsolete, so I'd say that if patents are really a necessary evil (I don't like them anyway), the duration for computer-related patents should be shortened (5 years should be more than long enough to give the google guys their cash). Methinks.

    2. Re:Do we object patents or just bad patents? by MalcolmT · · Score: 3

      A question for your question: Do "Slashdotters" all have the same opinion? Methinks the answer to that one is a loud NO. :-)

      In past Slashdot articles about patents, some have come down in favour of them, others are against them all. However, I think your topic needs to be sub-divided a little more: a lot of people are against the concept of being able to essentially patent algorithms (rather than hardware, for example).

      I honestly don't know where I stand on this. Many patents that are just glorified descriptions of algorithms seem stupid to me. However, in the current state of Computer Science, many businesses *are* putting in the hours of research and coming up with new inventions. Those inventions just happen to be algorithms. So maybe a patent is ok in some cases. On the other hand, my training is as a mathematician and I would be horrified if somebody patented an algorithm for factoring numbers, for example (in fact, the RSA patent is a bit galling for that reason).

    3. Re:Do we object patents or just bad patents? by Syberghost · · Score: 2

      IBM is not going to spend billions researching "copper" etc. and give as those lovely gigahertz processors if some company in tiawan can rip off the design as soon as it is working.

      Wouldn't they? They spent billions on the PC, and made it open. That didn't turn out so badly for them.

      People spend big bugs on researching things that are then made freely available to the body of human knowledge every day. It's called "science".

      I'd say patents shouldn't last 25 years; 3 sounds good.

    4. Re:Do we object patents or just bad patents? by Anonymous Coward · · Score: 0
      IBM is not going to spend billions researching "copper" etc. and give as those lovely gigahertz processors if some company in tiawan can rip off the design as soon as it is working.

      Why not ? If they don't, they will be killed by the other companies doing so anyway, even if they are copied. In addition, "first takes all" in high-technology, by itself ensure that research is worth it.

    5. Re:Do we object patents or just bad patents? by medcalf · · Score: 2

      Well, there is a problem with a short lifespan for technology patents: how do you define what is a technology patent? Let's say that we are going to allow original algorithms to be patented for 5 years, with hardware and so forth falling into the conventional patent limits. What about a hardware implementation of an algorithm, like an ASIC? OK, so we have to include hardware. But if we say that computing hardware is patentable for a shorter-than-normal duration, than how do we handle hardware that can be used in computers and elsewhere, like a special pivot designed for a disk drive and also useful for microsurgical instruments? It is very difficult to differentiate between what you want to protect and what you don't. My personal thinking is that code, however implemented, should be copyrightable but not patentable. Then, implementations would be protected, but algorithms would be available to all under fair use standards.

      --
      -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
    6. Re:Do we object patents or just bad patents? by Syberghost · · Score: 2

      Oh, I have an easy solution to that:

      I wasn't talking about three years for technology patents, I was talking about three years for patents, period.

      If you can't make a buck off your technology in three years, license it to somebody who can.

      If not, then get out of my way and let me use it.

    7. Re:Do we object patents or just bad patents? by rlk · · Score: 2

      If the main objection is to patents per se, then I would say we are a bunch of hypocrytes. The whole high tech industry which produces all the goodies we love to play with is driven by patents. IBM is not going to spend billions researching "copper" etc. and give as those lovely gigahertz processors if some company in tiawan can rip off the design as soon as it is working.


      Hypocrisy is a bit strong; just because someone is opposed to something that provides them with a benefit doesn't make that person hypocritical. What would be hypocritical (IMHO) is one who opposes patents in general but supports them for his particular purpose.

      I'm opposed to patents in general. There may be reason in the pharmaceutical industry (note that I work in the software industry, not the pharmaceutical industry) due to the heavy regulatory burden that is faced (drug trials and all that). Even there, I would prefer explicit compensation for their expenses or outright subsidies over patents.

      If nothing else, I simply think it's wrong for the government to grant an individual a monopoly on the use of an idea.

    8. Re:Do we object patents or just bad patents? by ComaCreator · · Score: 1

      Its interesting that patents are sometimes seen as good by the /. crowd even when, if the same technology had been developed in an Open Surce enviornment, it would be freely available to everyone and would undoubtably be utilized in host of different ways. Why should an idea be worth more just because its invented by a group which is more interested in extracting financial value from it?

    9. Re:Do we object patents or just bad patents? by ComaCreator · · Score: 1

      But the shareholders in IBM, by and large, are not interested in science for science sake.

      People contibute to their alma mater if they're interested in promoting science, they don't buy stock.

    10. Re:Do we object patents or just bad patents? by Anonymous Coward · · Score: 0

      You are obviously unaware that in many fields, drugs and genetic reasearch come immedeiately to mind, it can take more than 25 years to bring a product to market *after* the patent in approved.

      This is no fault of the developer. Noone could do it quicker.

      Many useful, and even lifesaving, products would never be developed if the patent time became too short.

      Software lifespan is short. Most things have a much longer initial development cycle than the entire lifespan of software from first idea to the time of user abandonment.

    11. Re:Do we object patents or just bad patents? by Anonymous Coward · · Score: 0

      You are historically incorrect. IBM did not spend billions on the PC and that is *why* it is open architechture.

      The PC is as it is because IBM stayed out of the PC market too long, and then had to do a rush job just to get product, ANY product out the door, and so, for the first time in its history, IBM chose to use existing, off the shelf, open architecture for an IBM product.

      IMB has spent billions trying to reverse that decision and return the PC to an IMB propriatary architecture. Can we say "Microchannel" boys and girls? I knew you could.

      The architechture of the PC has done very well by Microsoft, Gateway and Dell and much less well by IBM which has been reduced from the player on the field to just one of many, and not the dominant one either.

    12. Re:Do we object patents or just bad patents? by Dj · · Score: 1

      IBM did not "make the PC open". They jumped up and down on cloners, especially those who used their board layouts and BIOS's. And when the cloners became established and they found their OS supplier happily in cahoots with the cloners it hurt IBM (as a look at their stock chart in the 80s-90s will show).

      Try getting the history right.

      And people do research to create patents too, and the information is made freely available, it's called the patent system.

      --
      "You know you want me baby!" - Crow T Robot
    13. Re:Do we object patents or just bad patents? by Syberghost · · Score: 2

      You are obviously unaware that in many fields, drugs and genetic reasearch come immedeiately to mind, it can take more than 25 years to bring a product to market *after* the patent in approved.

      I'm not unaware of that at all, I just don't think sick people are willing to wait 25 years to get well.

      If you can't bring your product to market in 3 years, then somebody else will. You can play on a level playing field after that.

      If it takes 25 years to figure out if the product is safe and effective, then everybody else is in the same boat as you anyway, and your patent doesn't protect you anyway because nobody can sell the product.

      If 3 year patents mean we have to come up with faster ways to test drugs, then good. If we can't, which is entirely possible, then we don't need the damn patents anyway.

    14. Re:Do we object patents or just bad patents? by Syberghost · · Score: 2

      Incorrect. IBM is a smaller percentage player in a much larger pond.

      They've made vast scads of money off PCs. If they weren't open, they'd have made 100% of a tiny market, for much less money than what they've made of their tiny piece of a huge market.

      IBM's own stupidity in trying to close it back up hurt them, not their decision to open it.

      If IBM didn't agree with this, they wouldn't be pushing open software now as well as the open hardware.

      Hell, this is the company that recently release an open spec for PowerPC motherboards, too.

      I didn't get the history wrong, folks. I was there, I lived it, and I'm telling you that the majority of you are reading this now because the hardware was cloneable, not despite it.

    15. Re:Do we object patents or just bad patents? by Anonymous Coward · · Score: 0
      It seems like they are patenting something "original, not obvious, and which works".

      But easily independantly reinventable.

      If the main objection is to patents per se, then I would say we are a bunch of hypocrytes.

      The main objection is that someone could do all the reinvention effort (with all the costs), and still be denied the right to use his product. Independant reinvention is quite likely for software.

    16. Re:Do we object patents or just bad patents? by mouthbeef · · Score: 1
      ...but I'd think that nowadays the life-time of patents is much too long.

      It's important to recognise that patents are awarded to alogrithms and conceptual models, not to specific code implementations.

      It may seem that 20 years is a computational eternity, and indeed it is, if we're talking about code. The sole certainty about today's computational platforms is that they'll be obsolete in a couple decades.

      But the Google patent is for the concept of peer-review for evaluating relevance. And while computational platforms are prone to instant obsalescence, the concepts that drive them have proven longevity:

      • Windowing systems
      • Side-scrolling video games
      • Public-key crypto
      And so on.

      These technologies have all persisted for longer than 20 years, and show every indication of staying with us for the next century. These are the computational equivalent of Phillips screwdrivers or adjustable wrenches, and deserve the same protection as their forebears.

    17. Re:Do we object patents or just bad patents? by jflynn · · Score: 2

      The crux of the issue for me is that I don't think "easily independently invented" is very measurable. A lot of best software algorithms I've seen have been smack in the forehead obvious *after* you've seen them, but in fact weren't discovered for a decade or more. To look at an algorithm and determine whether another programmer could duplicate it independently in x amount of time is worse than the halting problem.

      We don't patent expressions of natural language, even when they required years of unique experience to provide a never before discovered insight with profound effects on readers. Language is copyrighted to protect the work that went into collating and presenting the information. I think the difference between natural and computer language is one of degree, especially in the realm of pseudo-agorithms expressed in a natural language, which is what is really patented. We would be better off protecting algorithmic implementations with copyright than with patents protecting algorithmic ideas.

      Imagine if authors could patent the story idea of a trip to Mars. Think of all the great science fiction that wouldn't have been written in 17 years. The fact that authors copy each other's ideas with their own original twists is to the benefit of all, including the author with the original idea, whose market is expanded. I don't really think software is all that different.

    18. Re:Do we object patents or just bad patents? by Ledge+Kindred · · Score: 2
      No, you missed the middle ground, which I think is where most slashdotters will stand:

      We are against software patents.

      IBM can go ahead and patent all they want on physical computing devices. Just don't get us (or me anyway) riled up by trying to PATENT some piece of software - that's what copyrights are for. And don't even THINK about patenting an algorithm - those are just not patentable, if you believe the current US patent laws. An algorithm is a mathematical formula and as such, is unpatentable. Of course, that hasn't stopped anyone in the computing industry before, witness RSA.

      Google is just fine if they want to COPYRIGHT the code they've written. They'd just better not think about PATENTING "index all the pages on the internet and rank pages by how many other pages link to them." That's an algorithm and is unpatentable. Of course, like I said, the USPTO is certainly not going to pay attention to their own laws and will surely grant them a patent for it anyway.

      -=-=-=-=-

      --

      -=-=-=-=-
      My mom's going to kick you in the face!

    19. Re:Do we object patents or just bad patents? by NReitzel · · Score: 1

      Supersnail has it exactly right.

      Patents, per se, aren't bad. What is bad is the abuse perpetrated by clever lawyers, people who have been educated to ignore what might be right and wrong, and think in terms of whether or not something is legal.

      Fifteen years ago, I fixed code (Yes, in Cobol) that would have rated post-1999 calls incorrectly. I fixed this problem by noting that the program was running in the 1980's, so every pre-1980 date was clearly and obviously a 2000 date. Recently, some clever IP lawyer has managed to get a patent on this obvious technique, under the name "windowing". Presumably, could this legal thief figure out who I worked for those fifteen years ago, that company would have to pay royalties on this new patent.

      The problem isn't the patents; it's the patent office and the patent lawyers, and in general those humans who believe that because they are good at manipulating our flawed legal system, they deserve their seven figure incomes. In my own very personal opinion, they deserve to be acquainted with the scaffold -- this may be the single thing the French got definitively correct.

      -- Norm Reitzel

      --

      Don't take life too seriously; it isn't permanent.

    20. Re:Do we object patents or just bad patents? by Uart · · Score: 1

      They spent billions on the PC, and made it open. That didn't turn out so badly for them.

      actually they didn't make it open I believe the cloners had to figure out how the bios worked on their own, and IBM really couldn't patent the floppy disk, or the motherboard, or any other system components because they already existed and were used by many other companies incl. Apple.

      Also. Aptiva, the latest incarnation of the IBM PC is either dying or dead allready (not sure) so it didn't really work out well for them now did it, the cloners, (compaq, etc) are taking the marketshare that they specifically aimed the PC at.

      --

      Opinionated Law Student Strikes Again!
    21. Re:Do we object patents or just bad patents? by KilobyteKnight · · Score: 1

      I wasn't talking about three years for technology patents, I was talking about three years for patents, period.

      That might be fine for something that only took a few days, weeks, or months to develop, but what about an invention that takes years to perfect? I am personally of the opinion that code should be copyrightable, algorithmns should be public domain (as they aren't invented, only discovered), and physical objects should be patentable.

      Back to the three years thing... I think a reasonable length of time for a patent is 10 times the amount of time spent developing it.

      --
      When will Windows be ready for the desktop?
    22. Re:Do we object patents or just bad patents? by Dj · · Score: 1

      Just because something is cloneable doesn't make it open. I was there, I lived it. I remember packing particular manufacturers PCs back into boxes and shipping them back to the manufacturer because IBM had nailed them in court for illicitly copying board designs owned by IBM and putting their own name on it.

      As the cloners moved in heavily, capitalising on the fact that the PC was made from commodity components, IBM tried to lock them out again with MCA and PS/2's. They missed the beat and the market hopped onto EISA as a response. It took a long time for IBM to give up on this and they steadily staggered to a low stock value. It was only when they moved to a new model of buying in as per the cloners that they placed themselves back on a solid footing.

      IBM didn't release an open PC. They released the IBM PC, and people cloned it by reverse engineering it in clean rooms. This isn't open. This is called normal proprietary practice.

      Yes, IBM's a different company now, a very different company and yes in the last year they've adopted open source principles and software, but please don't fool yourself into thinking they've always been this open.

      --
      "You know you want me baby!" - Crow T Robot
    23. Re:Do we object patents or just bad patents? by Coda · · Score: 2

      What on earth are you smoking?

      CAST, a cryptographic algorithm is patented.
      So is IDEA.
      So is RSA.
      So was Diffie-Hellman.
      So was Lucifer.
      So were knapsack ciphers.
      MISTY1, certain implementations of elliptic curve crypto, FEAL, REDOC, REDOC II, Khufu, Khafre, CA-1.1, RC5, RC6 (?), Pohlig-Hellman, DSA, ESIGN, Fiat-Shamir, Schnorr, EKE, and *many* *many* other cryptographic algorithms have or have had patents.

      This isn't some recent development, as the RSA patent was obtained in 1983.

      If someone comes up with a new and innovative process for doing something, by all means, let them patent it. That's what it's there for.

      RSA (the three guys) came up with a process by which people could communicate securely. Yes, it involves math. So? You could say that the KegHead could be expressed mathematically, but does that mean it's a mathematical formula? Say I take simple addition and come up with some ground-breaking new way to open cans. Is that a mathematical formula?

      I don't see how you can say you shouldn't be able to patent algorithms. Algorithms are processes, and why can't you patent a process?

      On a side note, this is *way* old news. Google has had a "patent pending" sign on it since I first knew about it.

      --
      -- I can't think of anything witty to put here. Sorry.
    24. Re:Do we object patents or just bad patents? by Redeemed · · Score: 1
      You don't think sick people are willing to wait 25 years to get well? I think sick people are willing to wait as long as is necessary to get well. Beyond that, this is hardly good logic for the invalidity of the current long life-span on patents.

      What if a drug that entirely cures all forms of cancer were developed? Patent is approved, but it may well take those 25 years to bring the product to market. You don't think people with cancer are willing to wait 25 years to be cured? You don't think that people diagnosed with cancer 20 years after the patent was filed, and 5 years before the drug goes to market, are going to appreciate this drug that wouldn't have been developed if it hadn't been protected by a patent?

      Sure, computer products can be brought to market quickly, and they die out of the market quickly. I agree, technology patents are granted for far too long. But one has to realize that the pace of computer life is not the pace of all life, and there are completely valid patents out there that would not be serving their purpose if the life span of a patent were reduced as drastically as you suggest. Drugs and genetic research are a perfect example of this; it is prohibitively expensive to do unless you can be guaranteed protection by means of a patent which will last long enough to help you.

      So yes, we do need the damn patents anyway. As for the problems with technology patents, that is a different issue entirely, which needs to be dealt with in a different way. How, I'm not sure. But patenting as a whole is good. It's just the current implementation of patents in the technology field that has some problems.

    25. Re:Do we object patents or just bad patents? by Anonymous Coward · · Score: 0
      The crux of the issue for me is that I don't think "easily independently invented" is very measurable. A lot of best software algorithms I've seen have been smack in the forehead obvious *after* you've seen them, but in fact weren't discovered for a decade or more. To look at an algorithm and determine whether another programmer could duplicate it independently in x amount of time is worse than the halting problem.

      I agree. This is why all the Patent Offices dismiss the whole problem. However, it is necessary to address it for any patent system to be fair.

    26. Re:Do we object patents or just bad patents? by Syberghost · · Score: 2

      You, and the others arguing for long patent life, keep bringing up this same assertion that these products "wouldn't have been developed if not protected by patent".

      What exactly is it that you think the pharmaceuticals companies would do if patent life was shortened; shut their doors?

      Quit researching things altogether?

      Rubbish; they'd just have to work faster to build markets, and keep their information just about as secret as they do now before the patent is filed.

      In most countries anybody can copy their formulas who cares to; shortening the patent life would just extend that to a few more countries.

      You can still innovate, and if you can't get quite so rich on the individual products (for instance, can't charge $125 a month for Prilosec), well then you'll have to find new ways to make a buck. Producing good products at low prices and marketing them well, for instance. There's a novel freakin' concept.

      We don't need long term patents on chemical formulas, or anything else. Big business wants them because it lets them do less work for more money. Me, I'd rather have medicines available at affordable prices for the 80% of Americans (and various other population percentages in various other countries) who don't have adequate insurance coverage and aren't wealthy.

    27. Re:Do we object patents or just bad patents? by Sloppy · · Score: 2

      The whole high tech industry which produces all the goodies we love to play with is driven by patents. IBM is not going to spend billions researching "copper" etc. and give as those lovely gigahertz processors if some company in tiawan can rip off the design as soon as it is working.

      If I were working with something that costs billions of dollars to produce, I would have no problem with hiring a patent lawyer to make sure that my billion dollars wasn't about to be spent on something that someone else had already patented.

      The problem is that I don't have lawyer money to spare. Or more to the point, my customers don't want to spend that money. When I'm working on part of an accounting or claims processing system and I need to to solve some problem, it might only take me a few minutes to unknowingly write some code that infringes on someone's patent. (In fact, I have probably done it hundreds of times.) Am I supposed to hire lawyers to review every line of my code? Do you have any idea how much code I write per year?

      My customer currently pays $250 for me to add feature X to his custom app. Imagine what would happen to me if his next invoice had the following items: $250 for programming time, $3000 for patent searches. I think he's a lot more likely to decide to do without feature X. That means I'm going to either find a job doing something uncreative (e.g. flipping burgers) or I'll have to work for a huge software company where the patent lawyers' time can be amortized over a large volume of sales. No thanks.


      ---
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    28. Re:Do we object patents or just bad patents? by Anonymous Coward · · Score: 0

      Most PC internals were quite well and officially documented. It was BIOS code cloners had to reverse-engineer to be compatible, because lots of software made dubious assumptions.

  17. (slightly off-topic) Patents and IP by whatnotever · · Score: 1

    I'm not saying that this is the case here...

    When I have what I think is a good, innovative idea, I get selfish and I want to make sure that everyone knows that it's mine. Haven't you ever been somewhat indignant when someone retells a joke you told them and doesn't give you credit?

    I suppose that this could be covered by software licenses, etc, but patenting one's idea seems like a comprehensive method of asserting that it is yours. I'm not too knowledgeable on patents, but you don't have to demand royalties, restrict use, or anything else, do you? Can't the patent office just be used as a place for keeping a nice record of who came up with an idea? (yeah! Exploit! Exploit! ... :-)

  18. Re:First Deja vu posting....woo hoo by Anonymous Coward · · Score: 0

    Yes google is low key - ok fine you win.
    Yes google shows promise - ok fine you win.
    Yes google "can" deliever some results other engines can't - ok fine you win.
    Yes google is linux driven - ok fine you win.
    HOWEVER, Google is committing the greatest act of copyrighted content theif in all of history since the Bible. The caching of full pages on a search engine is wrong wrong wrong. When is someone going to play lawsuit lottery with these guys? You *will* win! I think, there is the makings of a full class action lawsuit against google. I can't cache and serve up the super bowl, why should google be able to cache and serve up my website?

  19. Can they even patent this stuff???? by SerpentMage · · Score: 1

    The reason I ask is if the search routine can be patented is because it has been three years in the development and most likely already made public previously. Remember with worldwide patents you may not make any disclosure and with American only six months are allowed.

    And the other question is I did some research and found an interesting link http://www.cise.ufl.edu/~lw0/research/papers/p09/i ndex.htm. Why I found this interesting is because funding was partially provided by DARPA and NASA. Does this not mean that this stuff cannot be patented? I thought there was a clause that when either DARPA or NASA provided funding it should be for the common good...

    Just some thoughts...

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
    1. Re:Can they even patent this stuff???? by Fiore2 · · Score: 1

      I love using Google. I think it's much better than other search engines. Patenting this technology? Why not? They seem to patent everything else.

    2. Re:Can they even patent this stuff???? by Anonymous Coward · · Score: 0
      I love using Google. I think it's much better than other search engines. Patenting this technology? Why not?

      The point of the original poster is that they were doing research using probably public funds, and now they are using the results of their research for their own private benefits.

    3. Re:Can they even patent this stuff???? by anonymous+loser · · Score: 1

      Yes, they can patent this stuff.
      Even though the research may have been done partially with DARPA and NASA funds. For example, if the research was done as part of a consulting contract, the consultant usually retains the rights to the IP he/she uses to fulfill the contract. Have you noticed how many universities, professors, and students patent stuff? All that stuff is paid for with public funds, but I don't see anyone complaining. A lot of times, university research is funded for the express purpose of coming up with some technology to start a company. This is not a new thing.

      Frankly I don't mind Google's patent. They have come up with a unique process that enables sophisticated search results, and they don't need every Yahoo!, Lycos, or Excite in the world getting rich off their ideas while Google withers away. They don't have to charge to license the technology to say, open-source developers, but they could charge commercial developers to keep themselves competitive in the marketplace.

    4. Re:Can they even patent this stuff???? by the+eric+conspiracy · · Score: 1

      Remember with worldwide patents you may not make any disclosure and with American only six months are allowed.

      The key point is when was the patent filed. It takes years for the patent to issue - after filing you can make any kind of public disclosure you want.

    5. Re:Can they even patent this stuff???? by Anonymous Coward · · Score: 0

      You should go poke around on www.patents.ibm.com and search for amazon.com. They have several patents listed that, not the least of which is a search refinement patent that has quite a bit of prior art. Even this google patent may have prior art in other online databases dating back BW (before web).

    6. Re:Can they even patent this stuff???? by SerpentMage · · Score: 2

      Take the situation of filing a patent in the US. And then you talk about the technology. At that moment the European Patent applications becomes invalid. European Patent applications do not care whether you have filed in the US. The point is that once it is public and no patent has been filed, it become automatically invalid.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
  20. Why Google should only use the patent defensively. by Apuleius · · Score: 4

    Search engine admins are constantly in a cat and mouse game with the Web. It's not just cat and mousing with word spammers (first rank down pages with words in alphabetical order... word spammers strike back... then try to parse pages a bit.. word spammers strike back... et cetera...). Styles of web page writing alter over time, and there are issues over the mutability of pages and the such. (Frames fall into fashion.. frames fall out of fashion..)

    Search engine admins should have the freedom to tinker with their ranking algorithms without getting nailed by patent sharks. Besides, copying a search algorithm is a bit difficult if the algorithm isn't published. Search enginges don't have to publish their methods to build a user base. They just have to do a good job.

    So, Google is probably justified in seeking a patent. One can't be too carefull. But if Google starts pulling an Amazon, it's time to boycott them.

  21. Hey, moderators by unitron · · Score: 1
    That part at the end about everyone else hearing the voices telling them to post crap was your clue that the A.C. in question was being sarcastic and should be moderated up as funny.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  22. Re:First Deja vu posting....woo hoo by *borktheork* · · Score: 1
    The caching of full pages on a search engine is wrong wrong wrong.


    Nope, caching of pages is cool, cool, cool. Quite a few times when pages were yanked, you could still grab them from Google's cache. Or other times, when a server is not responding I'm quite happy with the cached version.

    Copyright? That's just a word in a dictionary to me.

    --
    *borkborkbork*
  23. Patents are good. by rappybaby · · Score: 3

    I love Google, but I hate the idea of patenting a search algorithm/implementation

    Well then how selfish are you? You love Google but you're opposed to them trying to make a buck from the technology for which you love them. You'd rather they didn't patent it, and someone like Lycos could come along and say "Thanks for doing all the research Google, this technology will work great in our new search engine".

    And you know the masses will all go visit Lycos and click on their banner ads, because instead of wasting money on "research" and/or "development", they've been spending their money on ads on the sides of buses.

    And then Google will go bust, and all their workers will go home and have no money to put food on the tables of their families.

    But it's ok, because patents are bad, because Slashdot said so.

    1. Re:Patents are good. by Felinoid · · Score: 1

      And you know the masses will all go visit Lycos and click on their banner ads, because instead of wasting money on "research" and/or "development", they've been spending their money on ads on the sides of buses.

      In order for someone to copy Google they'd have to start from scratch.. No one has access to the source code...
      This protection is known as a "Corprate secret" it's a lesser known tactic to protecting your IP.
      The advantge is you don't have to regesture it and you get to keep it forever.. just sign everyone to NDAs.

      The disadvantage is if someone comes up with it totally on his own with out any access to your product (other than visiting the website) theres nothing you can do. Patents however allow you to go after someone who did all the work on his own with out any knowladge of the patent.

      Patents are good but to a point... the Intel chip line is patented of course and so are most parts on the computer... You wouldn't believe the stuff some people will do to steal Micro processor technologys... including breaking out an electron microscope.

      Some car parts are patented.. you can just dicast a car and make nock offs pritty easlly so patents protect the inital investment.

      Patents are basicly to protect against copying by means of reasonable inspection of the original but are often used to protect copying by random chance.
      The idea is the patented item is original enough that someone wouldn't copy it by random chance. But patents as of late demonstrate that the USPO isn't doing there job in checking this and issuing patents on commen sence.

      In Googles case we would have to develup our search engen from ground up if we were to copy Google... But Google dosn't want to be copyed.
      They arn't protecting the results as much as they are preventing anyone else from doing the same research.
      If Google protected there search engen as a corprate secret (as others do) they could have saved some money on patent lawyers...

      --
      I don't actually exist.
    2. Re:Patents are good. by Anonymous Coward · · Score: 0
      Well then how selfish are you? You love Google but you're opposed to them trying to make a buck from the technology for which you love them. You'd rather they didn't patent it, and someone like Lycos could come along and say "Thanks for doing all the research Google, this technology will work great in our new search engine"

      WTF? Did Google invent the WWW ? No. Did Google invent web crawlers ? No. Did Google invent search engines ? No. Did Google set up the first search engine and proove that it could be a viable economical model ? No (Yahoo or Altavista or whoever did first).

      What Google is doing, is capitalizing on the work of many people before them, without paying a cent. Even Lycos existed before Google.

      Beside most of Google does, is using some heuristics, so 90% of what is important from their research, is the value and adjustement of some parameters, which aren't disclosed anyway.

      And then Google will go bust, and all their workers will go home and have no money to put food on the tables of their families.

      And they will be hired as consultants at Lycos with giant salaries because they have experience with improving search engines ; and because there is a search engines war.

    3. Re:Patents are good. by Greg+Merchan · · Score: 3

      I agree, but I'm not sure why. I generally agree that algorithms shouldn't be patentable, but this seems like an exception. Maybe it isn't, but I'm trying to find the cause of my unrest. Some things come to mind:

      1) The most hated patent: LZW. Why? It seems that Unisys submarined the patent; they waited until it was widely used then started suing to collect royalties. Is this the real history, or did people not read the licensing terms which permit gratis use for 'non-commercial, non-profit GIF-based applications'? According the the GNU no-gif page Unisys retracted these terms in 1999; that does fit the submarine story. But which is the problem here, a patented algorithm or the licensing practices of Unisys? If the former then the laws need changing, else boycott Unisys or try to file suit for dishonest licensing. (IANAL, so I don't know if that's possible or what magic words to invoke.)

      2) The most hated, but assuredly bad, patents: Amazon's One-Click Shopping. This is fairly clear-cut, the patents should not have been granted because the technique is obvious. Everything here has been said many times over - next...

      3) The worst recent change in the US patent sustem: patenting business models. This was probably to be expected as soon as an algorithm was patented. We seem to be on a slippery slope. Prediction: 'thought crimes' already exist under the name of 'hate crimes'. Will the penalty for execution of patented ideas on wetware be punishable by financial penalties or will the infringing computer be deactivated? This is not an example of the evils of capitalism or intellectual property or patents, it is the abandonment of the ideas which is the basis for those things. If man does not have his basic rights - life, liberty, property, pursuit of happiness, the sanctity of his mind (aka. religion) - then he does not have the rights which necessarily depend on those.

      Looking at these things, what of Google's patents? They are not submarine patents, good. They are not obvious (right?), good. Are they of those things which infringe upon the rights of others? I don't know. Google has the fairly unique (nowadays) feature of not throwing banner adds all over the page. Instead, they seem to be planning to generate revenue by providing a search engine service. I don't think they've patented the business model, good. They have patented what makes their business model work. As a result they provide an advertisement-free search engine to everyone and pay for it by providing customization services to their customers. If they weren't they only ones who could do this in this way, someone else (MS?) would surely come along and use Google's algorithms to provide the customized system for free. This would destroy Google and leave the system in the hands of whoever could use the service as a loss-leader - and we know what happens when those people no longer need to take a loss.

      Perhaps I need to rethink my stand on algorithm patents. It seems that without them we will lose the good service businesses which we enjoy today. If the algorithm is patentable, then there is no need to patent the business model; if the business model is not patented, then anyone who does it better can do so.

    4. Re:Patents are good. by the+eric+conspiracy · · Score: 1

      I generally agree that algorithms shouldn't be patentable, but this seems like an exception. Maybe it isn't

      Algorithms are NOT patentable. You cannot patent an algorithm. There is a specific rule in patent law against patenting discoveries, laws of nature and so on. Algorithms fall into this basket.

      A patent covers an IMPLEMENTATION, that is using an algorithm in conjuction with a stored program computing device to compress data to reduce the data size IS patentable. This is what the LZW patent covers. You are still free to use an abacus or pencil and paper or anything else that doesn't store programs to use the LZW algorithm to compress data.

      I agree with the Amazon case. It is a bad patent. It is obvious. It might not have prior art - Amazon was Very Early into ecommerce.

      Patenting business models - interestingly this was not due to a change in the law. Business models are not patentable under current law - the problem is that a District Court ruled that certain types of process patents are valid; these types of process patents can be made to cover business processes. This is a recent loophole that should be fixed ASAP.

    5. Re:Patents are good. by Anonymous Coward · · Score: 0
      Perhaps I need to rethink my stand on algorithm patents. It seems that without them we will lose the good service businesses which we enjoy today.

      Most of your argument relies on the idea "Google is made by good guys, patents help them survive, therefore algorithm patents can be good".

      But whether the patents are granted to the Red Cross, the FSF, terrorists or ex-nazis, is irrelevant.

      What is relevant, is that I could wake up some day, try to find ideas to improve My Own Search Engine, reinvent most of PageRank(tm) ideas, and would be denied the right to use my own code because of their patents.

    6. Re:Patents are good. by Robert+Wilde · · Score: 1

      If they weren't they only ones who could do this in this way, someone else (MS?) would surely come along and use Google's algorithms to provide the customized system for free.

      But that's the point. In a free market economy, companies and individuals are free to enter any business and compete with established players.

      No one has access to Google's algorithms now. The other search engine players will spend their R&D dollars, as Google will continue to do, and the consumers will decide which search engine does the best job. That service will then be rewarded in the marketplace. This is as it should be for evolutionary innovation - patents are government granted monopolies that were originally intended for only truly groundbreaking inventions that would otherwise be sealed in company vaults as trade secrets.

    7. Re:Patents are good. by Greg+Merchan · · Score: 1

      You are right, that was sloppy of me. I should have said 'implementations of algorithms in software'. Thanks for correcting me.

      And before I goof again: 'in software' because I have no objections to patents of hardware implementations. Though I am aware that software implementations are patentable, I don't know if this should be so.

      Still thinking...

    8. Re:Patents are good. by Markusis · · Score: 1

      Patents are not the answer. Maybe it should be illegal to steal code from any closed source algorithm. There is no way that anyone from Lycos will be given the job to crack the google server in order to steal a search algorithm. Patenting something that is not easily stealable(?) is silly. It's not like everyone who searches with google gets a glimpse at the source. There is no reason for them to patent this...

    9. Re:Patents are good. by Greg+Merchan · · Score: 1

      Perhaps this modification of patent law would be in order:

      If someone implements an infringing thing, they may use it privately, but have no commercial (i.e. trading) rights to it.

      Let me explain further.

      Commercial rights would include distribution of the software and provision of the search engine service for others (i.e., doing what google does, as opposed to using it on your own websites.) 'Sharing with you neighbor' would be limited to showing them code as you would lend them a book, only one copy usable at a time. The cost of reimplementation could prohibit the (for lack of a better word) 'hijacking' of the technology by a corporation.

      Of course you could copyright the code, but the copyright would be 'on hold' until the expiration of the patent. When the patent expires, you retain the copyright to your code and may license it or transfer it as you please.

      Implementing this system would be troublesome and would require lots of legal research and work, but perhaps a method can be devised.

    10. Re:Patents are good. by Greg+Merchan · · Score: 1

      I think that's fine and good, so long as the other companies don't use the same implementation of the same algorithm. The competition (in this case) should (IMO) be among implementations of different algorithms, not just the ability to duplicate and provide. This is important because full-disclosure is supposed to be required for patenting and once that is done duplication is simple. Of course if patents are being granted without full-disclosure that another problem with today's patent system, not a patent system in general.

      See my other responses in this thread for more.

    11. Re:Patents are good. by Anonymous Coward · · Score: 0

      The point is that someone reinvented an algorithm for searching. In hardware you can reinvent a different implementation of most patented objects and sell it. Not letting me sell it is no different from not letting me reinvent it.

    12. Re:Patents are good. by Greg+Merchan · · Score: 1

      I think the issue here is implemention of the algorithm in a way that infringes the patent. A different (kind of) implementation should not be a problem. The restriction of commercial rights I suggested applies to the same (kind of) implementation of the same algorithm.

      For example, using the same algorithm to index a book would be a different implementation of the same algorithm and patentable in its own right. Or indexing websites by (say) manpower would be using a different method to achieve the same result; that's a different 'algorithm' of sorts and should not be patentable since it just involves coordination of labor (read: business models).

    13. Re:Patents are good. by Anonymous Coward · · Score: 0
      First, let me say that I think Google is one of the better startups as far as startups and search engines go. However, I also think your arguments are pretty bogus.

      Google didn't do the research, two Stanford graduate students did it while at Stanford. Furthermore, many people had been working on the idea of using various link-based metrics for ranking search results. Stanford and the Google VCs were simply savvier in turning that into a startup.

      I suspect Google would have been formed even if there had been no patent protection on the algorithms. There are lots of similar, unpatented algorithms out there, and the Google patent may well not survive a serious challenge either, given the prior art. All patents do is to create uncertainty for competitors and lots of legal expenses.

      As for "putting food on the tables of their families", if Google drives out the other search engine companies, then other people will be out of work (or, more likely, move on to the next Internet startup). Patents don't change that. Welcome to the free market.

  24. Patenting is bad by jeroenb · · Score: 1
    What I dislike the most about patents, is that they actually are a legal way of creating a monopoly. If you invent some kind of wristpad or a paperclip and you patent it, you do it so others are not allowed to make them also, this means that you can charge a lot of money for yours and make them low-quality - since nobody is allowed to make a cheaper, better one.

    So the answer is simple: if you invent something cool, put it to good use and make a nice product out of it. By being the first on the market you'll have a big advantage over the competition. If in the end someone using your idea beats you anyway, he probably makes better stuff than you do (and earned his top spot in the same way you earned being the first to release it.)

    1. Re:Patenting is bad by phil+reed · · Score: 3
      What I dislike the most about patents, is that they actually are a legal way of creating a monopoly.

      Which was actually the intent. The idea behind patents is that the person who thought of it should have a monopoly. The trade-off is that in exchange for that monopoly:

      • The technology must be published, so that everybody can see it;
      • The monopoly expires after a relatively limited time (in the U.S., 20 years). After that, it's fair game for anybody.
      This 20 year time period seems a bit long in the Internet era (which works in dog years), but it's worked for a long time.


      ...phil
      --

      ...phil
      "For a list of the ways which technology has failed to improve our quality of life, press 3."
    2. Re:Patenting is bad by Robert+Wilde · · Score: 1

      This 20 year time period seems a bit long in the Internet era (which works in dog years), but it's worked for a long time.

      No, the 20 years is a relatively new extension.

  25. Re:Why Google should only use the patent defensive by guran · · Score: 1
    copying a search algorithm is a bit difficult if the algorithm isn't published

    So I can't see Google's algoritm and Google's lawyers can't see mine. Where does a patent help? Patents are protecting published and licensed techniques. If its secret, then a patent is useless. (see Coca Cola)

    Google might be justified in seeking that patent, but it won't help them, cause by the time they get it through it will be yesterdays techique.

    --

    All opinions are my own - until criticized

  26. Hi, my name is Kaufmann... by Kaufmann · · Score: 1

    ...and I'm a patentaholic.

    It all started very innocently, with some cool-looking inventions, completely original stuff. It felt good to know that I had power over the way my inventions were used, so I started doing it more often. First it was just a couple a year, then every few months... before I knew it I was a regular at the patent office.

    By that time, I no longer restricted myself to original items - anything was fair game. Algorithms, software, ideas, concepts, even names that I saw on billboards - nothing was beyond my patenting frenzy. I was a lost man, I tell you.

    Then one day I overdosed. I came to the patent office at 10 AM, as usual, with a box full of stuff that I thought was patentable. The clerk (a funny-looking Jewish guy named Al), eager to help me protect my intellectual property and trade secrets, started the usual job of cataloguing application, banging the "Approved" stamp on them, and storing them in the files.

    That is, until he arrived at my application for patenting the scientific method. I thought it was a good idea. He looked at me, shook his head, picked up some scribbled papers at his desk, and showed them to me, while, grinning, he said: "Prior art."

    The feeling of having one of my patents challenged, at a time when I was still in serious withdrawal, drew me over the edge. In a mad frenzy, I jumped over the counter and onto Al, trying to strangle him. Before I could, though, the security officers showed up and dragged me away, saying "I think you've had enough patenting". Next thing I know, I'm at the Henry Ford clinic for patent addicts.

    Whew! I'm glad I got that out of my system! Now, with the help of some extremely powerful drugs, I feel completely recovered, and don't have the urge to patent anything... say, is that cool-looking wall clock taken?

    --
    To the editors: your English is as bad as your Perl. Please go back to grade school.
  27. Re:Why Google should only use the patent defensive by Apuleius · · Score: 1

    > Google might be justified in seeking that > patent, but it won't help them,

    It helps them in that they won't be beaten to the punch by some other patent and then sued into non-existence.

  28. Doesn't bother me. by bons · · Score: 2

    Anyone whose search engine returns this result for More Evil than Satan Himself can have a patent. That's one SMART search engine.

    1. Re:Doesn't bother me. by Anonymous Coward · · Score: 0

      Try the search again with More Good then God Himself and see what you get. (I think I got a porn site on top).

  29. Having a patent / using a patent... by SmileyBen · · Score: 2

    There is a great deal of difference in someone owning a patent and wielding it when they shouldn't be. I think whilst we live in a world where there are software patents it is a good idea for google to make sure that they have the one for the technology they created, rather than let some ignorant person manage to give it to a competitor, who might use it against Google.

    I know that's a bit unlikely, but do you really think Barnes and Noble were thinking 'AHA! we've pulled a swift one on Amazon - they won't realise we've stolen their technology? Of course not, they were just using an obvious idea - the fact that they didn't get the patent process started quick enough must be the only reason Amazon got the patent and not them.

    So rather than let someone else try and get it, Google should get it themselves, but not be aggressive with it...

    1. Re:Having a patent / using a patent... by oiuyt · · Score: 1
      Doesn't work that way.

      If Company A is using a technology first, Company B can't patent it due to the fact that it is prior art from Company A. So you can't just going looking at what a company is doing, figure out what they forgot to patent, patent it and hold them ransom for huge royalties for your "invention".

    2. Re:Having a patent / using a patent... by SmileyBen · · Score: 1

      So you're saying that Amazon obviously had prior art on something blindingly obvious, which justifies their having a one-click patent?

  30. Semi-important link by bons · · Score: 5

    Since we're going to discuss PageRank and it's patentability, You might want to read about it first.

    1. Re:Semi-important link by Anonymous Coward · · Score: 0

      someone PLEASE give that url to the folks at webpagesthatsuck.com!

    2. Re:Semi-important link by Anonymous Coward · · Score: 0
      omeone PLEASE give that url to the folks at webpagesthatsuck.com!

      I think that the pages were simply generated from a StarOffice presentation.

  31. Re:Obvious...it should be more.. by Anonymous Coward · · Score: 0

    It should be more... like not if its obvious, but if it can be cleaning independantly developed clean room by some one else with in 1 year of the application or so.

    If two people independantly can invent the same thing, then that should be grounds for unpatentable. Only if its truly unique and cant be done by someone else, then its valid.

  32. Patents aren't the problem... by Kaht · · Score: 2

    the problem is when they're enforced where they shouldn't be... what amazon did was less protecting their rights, and more trying to look like Microsoft and beating up their competitors.

    If Google didn't patent this, whose to say Altavista wouldn't patent it tomorrow and sue them? Hopefully, if someone wants to make a search engine similiar to Google's, they'll be nice enough to keep from ripping them to pieces...

    I don't really know, I don't know the Google folks too well. But a lot of /. folk seem to put a lot of faith in them, I think they'd do the right thing if it came up.

    --
    Devilled Eggs - A disturbing little creation of mine.
    1. Re:Patents aren't the problem... by Anonymous Coward · · Score: 0
      Amazon "looking like Microsoft"? When their opponent is Barnes & Noble? Let's face it, independent booksellers around the country may not love either company, but the thought of them infliciting bloody noses on each other has got to be appealing.

      B&N tried to sue Amazon over the phrase "World's Biggest Bookstore". Now Amazon has something with which to kick bn.com ass. Thinking of 1-Click Shopping as a bogus patent only obscures the equal possibility that this is just a schoolyard fight that happens to involve billion-dollar companies, and any weapon's fair game.

      I'll admit to ignorance, so I'm counting on /. to inform me: has Amazon gone after anyone besides bn.com for patent infringement? That would indicate that Amazon got this patent to really have a monopoly on one-click, instead of just looking for a new way to kick bn.com ass.

  33. patents are nearly irrelevant to the consumer by Warp! · · Score: 1

    To most everyone out there, patents are meaningless. I use google because it is the best search engine I have found so far. I don't care about patents. I care about search engines that return good results. I use the best tool that I am aware of to get the job done.

    It's the same with amazon.com. Some are advocating boycotting amazon because of the lame patent on one-click shopping. To be sure, the patent never should have been issued, but I'll let other corporations fight that battle in the courts. As a consumer, I like the convenience of one-click shopping and will therefore take advantage of it.

    1. Re:patents are nearly irrelevant to the consumer by Anonymous Coward · · Score: 0
      To most everyone out there, patents are meaningless. I use google because it is the best search engine I have found so far. I don't care about patents. I care about search engines that return good results. I use the best tool that I am aware of to get the job done.

      Exactly. So if there is a patent, no other search engine in the universe will be allowed to use the same technique (unless they pay $$$). So they will be less good search engine to choose from. Or similarily for the one-click shopping, Amazon will reflect its monopoly on the cost of the book: just compare Amazon prices to other little shops prices, you'll see what I mean.

    2. Re:patents are nearly irrelevant to the consumer by Kaht · · Score: 1

      The problem with Amazon is, as far as I can tell, not the legal one. It's that if Amazon wins, they've got a monopoly on a very important thing, and we all know how much we love monopolies.

      It's very relevant to the consumer, whether they have choice our not.. choice == competition, and competition encourages lower prices and better products.

      --
      Devilled Eggs - A disturbing little creation of mine.
  34. I agree.. they have to patent by Anonymous Coward · · Score: 0

    If you create something worth patenting and don't patent it, you are a fool. In the current system, you can not get away with not patenting something. If you fail to patent someone else will. (Anyone remember the case where some hacker made a mod to some roland synths, and then roland patented the mod and told him he couldn't use it anymore.)

    The real question is what does google intend to do with the patent. Since google is trying to make money, they certainly look more profitable to investers if they use "patented search engine technology". That is fine with me. Perhaps they patented it simply to protect themselves from other search engines patenting it.

    Unfortunately, to be on the safe side, you have to patents new technologies that you create. But that doesn't mean you have to use them for evil.

    What we need is the GNU Public Patent. That way we can protect ideas from falling into the hands of EVIL!!!

  35. TROLLING FOR FUN AND PROFIT! by Anonymous Coward · · Score: 0

    TROLLING FOR FUN AND PROFIT!

    guess what software empire I work for?

    1. Re:TROLLING FOR FUN AND PROFIT! by Anonymous Coward · · Score: 0

      Red Hat?

      If so, could I get you guys to buy my company? I'll sell for only a couple million.

  36. The Patent to End All Patents by Anonymous Coward · · Score: 0

    I've had about enough of these damn patents. Time to file The Patent to End All Patents - yes folks, I'm patenting LIGHT. Sure, you may _think_ it's obvious, but I assure you that I invented it FIRST (no need to investigate this or anything - the patent office already did a thorough job of that - really!). So from now on, everyone with their eyes open has to pay me royalties. Hmm, now how can I get at those blind people...? Ah! I'll also patent LACK OF LIGHT. There, that should do it. And don't think that just because you're off-planet you can avoid it - if you're an alien reading Slashdot, cough up the dough! If you don't want to pay, well then I guess you me and JUDGE JUDY are gonna have a little chat. Now then, you can send these royalties to...

    (a pathetic attempt at humor, I know... :)

    1. Re:The Patent to End All Patents by Anonymous Coward · · Score: 0

      I'm going to patent the idea of patents, then everyone with patents will owe me! Bwaahaahaa!

    2. Re:The Patent to End All Patents by Anonymous Coward · · Score: 0
      No, I'm going to be first with patenting the idea to patent the idea of patents. And patenting the idea of that. And [RECURSE].

      Oh wait, I'd better patent the idea of recursion. And "I'm going to patent..." ./ posts.

      ACing out of shame, but I just couldn't resist.

    3. Re:The Patent to End All Patents by Anonymous Coward · · Score: 0

      You can't patent patents. I think there is this "prior" art thing... :P

  37. As long as its not the idea... by tlovelace · · Score: 1

    I dont see any problem with them patenting the specific algorithim as long as they are not trying to patent the idea behind the alogorithim. I think its good buisness practice to make your competitors work a little. No need to get beat at your own game

    1. Re:As long as its not the idea... by Flower · · Score: 1

      I'd rather see them copywrite their own code than patent the algorithm. Heck, they'd probably pay less to get it, the copywrite would last longer and the families could retain rights for 50 years after all the coders died.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
  38. Have moderator access? Give it some points! by redhog · · Score: 1

    That comment was sure worth a load of "funny"-points, not just one as for now... If you have moderator acces, please give it some, because I don't have such access for now...

    --
    --The knowledge that you are an idiot, is what distinguishes you from one.
    1. Re:Have moderator access? Give it some points! by storem · · Score: 1
      (Sorry for the off topic)
      Give the points to the one who posted the same at the top of this page...

      Do people actually read the comments? or do they just post away...

      my 2ç

    2. Re:Have moderator access? Give it some points! by Anonymous Coward · · Score: 0

      Yeah,

      Really funny. It really make my day.

      Hmmm lets see, lets make fun of Microsoft. That would be cool and original. Lets say that they are evil!!! Yeah cool.

      No even better, I'll reference the joke, and that will be really funny!!! Ha ha I kill myself.


  39. Re:SO WHAT, INNOVATE, DON'T COPY ... by Anonymous Coward · · Score: 0

    I agree, but due to excessive naughtiness I'm not allowed to moderate you up (hell I'm barely allowed to post). I love slashdot, but like I've mentioned MANY times before, the fact that they deleted a first-posting perl script that somebody posted here shows that their primary goal is not the furtherance of technology.

  40. Patents Can be Good by redmist · · Score: 2

    The original thinking behind patents, IMHO, is to encourage the development of novel products. Google has a superior product based on a search algorithm that is head and shoulders above the rest, both in originality and accuracy. In order to fully benefit from their superior product, they need to have their bread and butter insured against the actions of parasitic organizations that would otherwise leech ideas off of pioneering companies (in this case Google). Patents are not bad, they are just more susceptible to abuse than they could be. Fault lies with the USPTO, not the intrinsic concept of patents itself.

    .{redmist}.
    -------------------------------------------------

    --

    .{redmist}.
    -------------------------------------------------

    1. Re:Patents Can be Good by Anonymous Coward · · Score: 0

      Damn, and I just used it because it had no banners and was easy to use in lynx.

    2. Re:Patents Can be Good by Robert+Wilde · · Score: 1

      The original thinking behind patents, IMHO, is to encourage the development of novel products.

      The Constituional goal of patent law is to encourage the sciences, not industry. A free market will reward innovative industries regardless of whether patent law exists or not. Patents were not intended for evolutionary innovation, but for truly dramatic breakthroughs that would otherwise remain locked in a company vault as a trade secret.

      A patent is a monopoly, and retards the free market. In a world without patents, the company with the greatest competitive edge will still be succesful (it may not be the same company that developed a product, but on purely capitalist principles that is not important). In all liklihood though, in an advanced capitalist society with ready access to venture capital, raw resources, etc. the first company to market with a breakthrough product will be succesful.

      With patents, normal innovation proceeds as above, but technology based on new scientific thought is described in compelte detail to the USPTO. In exchange for publically publishing all the details, a company is granted a limited monopoly on a product while new ideas are immediately available to the public rather than being held in a corporate vault.

      However, our current perverted system is worse than either a system with no patents or the ideal system where patents are properly administered for implementations not ideas.

      Robert Wilde

    3. Re:Patents Can be Good by phil+reed · · Score: 2
      The Constituional goal of patent law is to encourage the sciences, not industry.

      What's the dividing line between science and industry?


      ...phil

      --

      ...phil
      "For a list of the ways which technology has failed to improve our quality of life, press 3."
    4. Re:Patents Can be Good by Our+Man+In+Redmond · · Score: 2

      IMHO industry is the application of science for profit.

      Internal combustion is science. Using the principle in an engine that powers automobiles is industry.

      Zymurgy is science. Using zymurgy to create beer is industry.
      --

      --
      Someone you trust is one of us.
    5. Re:Patents Can be Good by Anonymous Coward · · Score: 0

      Clearly a patent only promotes progress if the cost of others rediscovering the invention (which of course is infinite if nobody would have rediscovered it) exceeds the cost of workarounds, licenses, and lawyers. IMHO this almost never happens in software.

  41. PageRank paper by Captain+Zion · · Score: 2
    Larry Page's paper PageRank: Bringing Order to the Web is available in Page's home page at Stanford University. You may also want to have a look at Google's press release.

    The relevancy of hits in Google seems to be pretty good, but the "I'm feeling lucky (TM)" thing IMHO is a dumb feature.

    1. Re:PageRank paper by alexjp · · Score: 1
      I use "I'm Feeling Lucky" whenever I know the name of a web site or organization but not the URL. It's worked for me every time.

      I can never remember the URL for things like the US State Department, so this comes in handy.

  42. Far from obvious? by Mawbid · · Score: 2
    I don't think so. I think it's pretty close to obvious in that when told to solve the relevance problems that search engines are facing, one is almost guaranteed to come up with something like this. What isn't obvious is whether it will work well. To determine that, you need to do some serious testing.

    The fact that no-one else was doing this doesn't mean that no-one else thought of it or that it isn't obvious.

    It would be nice if someone familiar with patent laws could tell us whether "it's obvious, but I'm the only one who believed in it" is grounds for a patent. I'm not sure how I feel about that myself, but I'm leaning toward "no".
    --

    --
    Fuck the system? Nah, you might catch something.
    1. Re:Far from obvious? by the+eric+conspiracy · · Score: 2

      The fact that no-one else was doing this doesn't mean that no-one else thought of it or that it isn't obvious.

      Why the hell not? It seems to me the fact there no one else was doing it is a pretty good clue that it wasn't obvious. How long have search engines been around? There are many search engines out on the net, using all kinds of weird methods, most of which are ineffective.

      One of the more famous cases of a patent granted on this basis was the use of a ramp to slow down a bowling ball when it was returned to the bowler. Prior to this invention people had problems with the balls getting damaaged, people getting broken fingers, etc. when the balls arrived back at the front of the lane.

      An inventor came up with the idea of a ramp, and tried to patent it. At first it was rejected because it looked so obvious. HOWEVER, on appeal the patent was allowed because of the fact that the problems it solved had been around for a long time, and nobody previously had come up with this as a solution - proving the idea was in fact not obvious.


  43. Re:First Deja vu posting....woo hoo by dattaway · · Score: 2

    I agree. Cached pages are a great feature. If someone were attempting to make this a vorbotten practice, I would be most unhappy. If one does not wish the public to view information, he should not commit to posting it on to the internet in the first place. Once such a transaction has been established, it is in public view. Some people wish to subject us to a bunch of silly laws for to further their own greed and cause problems for the rest of us. I say get rid of those silly people and make them publish books.

  44. Yuck! I am disgusted by segmond · · Score: 1

    Yuck, I am disgusted. No! not by Goggle, but by the vast amount of cheap remarks I have read so far. I cannot believe how many of you recoil at the thought of patening software algorithms. Hah!, I dobut you could code! If you could, you would realize how important and hard it is to come up with original software algorithms. Anyone who discovers a software algorithm is free to patent it, I just hope the patent in the software world will have a limit of 2-3 years, because the software world moves at an incredibly pace. The problem of text data mining on the web is not an easy task. I have been doing slight research on it, and I will tell you, that it takes great skills to come up with something. Look at goggle, look how small they are, compared with altavista, yahoo, excite and infoseek. Imagine if these other competitors could grab their algorithms and stiff them out of the search engine world. How fair will that be? Not at all! I know I rather see goggle survive, than another lame search engine survive cuz they have money and ripped on the poor guys.

    If software algorithsm shouldn't be patented, Why the hell should hardware? Cuz hardware takes work, and software doesn't take work? Good software algorithms takes years of painful, hardworking research just as software. If you don't think so, you are not a programmer and have no say in this, go take a seat my friend. Anyway, to end this off, I will like to state, that I am against stupid patents, patent of one shop clicking, something that is very obvious, something that takes no brain cells to implement, The technology behind slashdot is original and unique, if there was a patent behind it, I will not mind! Now on the other hand, if someone puts a patent on guest books, now they have to get in the same pant with me.

    --
    ------ Curiosity killed the cat. {satisfaction brought it back | it didn't die ignorant | lack of it is killing mankind
    1. Re:Yuck! I am disgusted by Kingpin · · Score: 1

      I agree. Algorithms should be patentable, but man this would be a sad world to code in if fex. QuickSort, HeapSort and derivatives were patented. Blech.

      --
      Unable to read configuration file '/bigassraid/htdig//conf/14229.conf'
      Geocrawler error message.
  45. Require open source use? by Zigg · · Score: 2

    I think they'd do the right thing if it came up.

    Speaking of ``the right thing'', wouldn't it be ingenious of them to pull an RSAREF on PageRank -- but rather than say ``for noncommercial use only'', require use of the algorithms to be GPL'd?

    Kind of a silly idea, and certainly will not sit well with quite a few OSS folk (I personally find some fault in it), but it's a neat idea nonetheless.

  46. Re:PageRank paper.. Thats not all. by underbider · · Score: 1

    Yes, the tutorial is available on line. But the full imlementation contains innumerable number of nontrivial algorithmic hacks to improve the quality of results and response time. The problem with PageRank being patented lies in the fact that it has been used for ever! the earliest paper about a similar technique was published in 1968.

    The techniques used by bibliometrics(The study of literatures by analyzing citations.) are much much more sophisticated, but lack only one thing--automation. So the technique has long been used to analyze corpus of papers that contains references(links) to determin relative goodness, the only original thought here is to apply it to the web. Fundamentally, it does the same thing as Latent Semantic Indexing(LSI), by performing SVD on a matrix. The only difference is how the matrix is formed, and how the results are used.

    PageRank is hard to spam. Though getting it to work right is not so easy just looking at this tutorial. Go and try it, I can almost guarantee that you'll have problems getting the naive version to even come close to its results. Hrm, though I guess bigger search engines like yahoo, and altavista has the resources to "steal" it.

    I do wonder about one thing though, will the google business model work out? What company uses their search engine on a local site?

  47. OT: It might be funny, but... by MostlyHarmless · · Score: 1

    Some people might find it funny. Some don't. Regardless of one's sense of humor, it was still way offtopic. If you find this type of post funny, browse at -1.

    void recursion (void)
    {
    recursion();
    }
    while(1) printf ("infinite loop");
    if (true) printf ("Stupid sig quote");

    --
    Friends don't let friends misuse the subjunctive.
  48. Alternative search engine by six809 · · Score: 1

    Yeah I agree with your sentiments. It's not as if they really gain anything from them - if J Random Company does some nifty stuff they'll get the reputation that means people go to them, patents or no. In this case, the patent would (if they got it) actively dissuade some people. Sheesh.

    Different search engine: Hubat - Yahooish but the summaries are entirely 'puter generated (spotted on TBTF).

  49. They have to cover their butts by nahdude812 · · Score: 1

    lest someone like Amazon patents the technology instead, and then sues Google. There's nothing inherrently wrong with patents, just misuse of them. Let google patent the technology, just as long as they're willing to let others take advantage of it in the true open source flavor.

  50. Ask RMS by Greyfox · · Score: 3
    I'd love to hear RMS' take on the topic, what with them being in his home town and all. I bet he comes out against it. Software patents, if allowed to continue, WILL destroy the programming industry in the US.

    The other day, someone was asking how long the internet boom could continue. I think the boom is part of a natural shift into an information based economy. Countries that restrict the flow of information by artifical means, be it censorship of the net in Australia or artificial restrictions imposed by patent and trademark laws which require anyone with a web presence to have a substantial and expensive legal team, will end up killing the boom in their borders. Said countries will end up being the new third world countries, strangling the wealth that the information age offers. Countries that make an effort to embrace the internet and assist the flow of information will most likely enjoy the boom indefinitely.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  51. Re:Why Google should only use the patent defensive by guran · · Score: 1
    *sigh*

    You are right, of course. I forgot that they operate in lawyer-space.

    "Oh what a nice little web site you've got there. Wouldn't it be a shame, if something,... happened,... to it? Maybe you should pay us, just for,... protection you know?"

    --

    All opinions are my own - until criticized

  52. "Trade Secret" would be better by rdmiller3 · · Score: 1
    It's not obvious, but it could be improved upon if the patent is published. Those improvements would be separately patentable, making the original patent more of a liability than an asset.

    That's why the Google technology would be better handled as a Trade Secret.

    Unfortunately, it may be too late for that if they didn't stress secrecy from the start.

  53. Why did they bother? Google's allergic to money. by hatless · · Score: 2

    Google seems to have an aversion to advertising and keyword sales. Why are they bothering with a patent if they don't seem to be interested in generating a cent of revenue through normal means? Is it because of terms of some government funding they've gotten?

  54. Patent tricks and hicks by Ektanoor · · Score: 2

    If Google's search engine is so original and they manage to keep it on tracks then there will be minimal problems. Maybe we will loose some dynamism in its progress but it is hard to level this point. Meanwhile if they do not touch similar algorithms that may slightly resemble their engine then we have all doors open to progress and an healthy competition.

    However if they jump on the bandwagon on "how unique" their search engine is and stop making any serious developements on it. If, beyond this, they start playing lawsuits over similar systems. And if they simply try to hold market tighten to their original idea then we will have a lot of trouble. We have tons of examples on how such policies killed whole technologies. I cannot evaluate what benefits/losses we got from such thing as STAC vs Microsoft. But we can be sure that this story placed "disk compression" systems into a marginal alley. Today we have 6, 9, 13, 20, 28 Gb disks. Most of us may not feel how critical such systems can be sometimes, even if you have a lot of space laying around for most of the time. However, there are situations when a flexible, fast and light compression system would do a lot of help, specially in some extreme moments. However there are a lot of caveats on those systems that exist today. And I believe that this happens because disk compression is still healing from this conflict.

  55. It's what they do with the patent that counts... by Uri · · Score: 2

    Let's give them the benefit of the doubt for a moment and assume that they have a legitimate non-obvious patent claim here. Then from a practical point of view, wouldn't it be great if we could persuade them to allow use of the patent in all free (speech) software projects. It would aid their PR, and would still protect them from people like Altavista. Note that due to the very nature of patents, this would enforce a form of copyleft on any software using their patent - making the software non-free would impinge the patent licensing agreement.

    I might add that this is simply a practical compromise to the situation, and not a general solution for patents. If anyone here were ever to patent anything, then I would strongly recommend them to put the patent in the intelectual public domain. Patenting, unlike copyright, takes away more that just the right to someone's work - it takes away the right to someone's thoughts. Now whether you live in RMS's communist (from community) society or ESR's anarchist one, this impinges on your basic communal/individual freedoms and is hence a Bad Thing.

    Still, until we can persuade the (US) government that software patents in their present form don't work -- and many of the upcoming court cases should hopefully help us do that -- approaching the company involved seems to be the only alternative to putting our head in the sand and hoping they don't see us.

  56. Shorten patents because we're SLOW, not fast! by Anonymous Coward · · Score: 0
    Well, there's a minor flaw in the idea that technology moves so fast that software patents should only be valid for two to three years. The stuff that's truly, really, damn good sticks around a lot longer than that, so you'd be better off arguing that there should be only three years of patent protection because we move so damn slow!

    Two examples: RSA and LZW. RSA is patented, and that produces not only the (patented, heh) Slashdot Fear And Loathing but also leads to insecure software. Consider RSAREF and ssh. There are other public-key implementations available, like Diffie-Hellman. It's no longer burdened by any patents. But we haven't seen a large-scale switch from RSA to DH, even considering the burden (for commercial vendors, a license fee; for non-commercial vendors, not doing development in the U.S.) that it inflicts. We're still finding new and interesting things to do with RSA even now, aren't we?

    Then there's LZW. It's obviously still useful, especially in GIF. Even the most prominent anti-patent sites haven't made the trivial effort to switch to PNG yet. Even the threat of a five-thousand-dollar hammersmack in the head hasn't made a big difference. LZW's usefulness has obviously lasted a lot longer than just two to three years.

    In both cases, we have better alternatives. They're even free in all senses of the word: free of cost, free as in GPL brand freedom, free as in BSD brand freedom, free as in Microsoft brand-- okay, that's going a little far :-) But the world hasn't really picked any of them up, even we (term used widely and loosely) haven't really picked any of them up. (Yes, I know that you and all your friends use gzip or bzip2, but have you removed all the GIFs from your webspace, or made sure to delete that copy of libgif.so you've got lying around?)

    There's an argument to be made for shorter patents, sure, but it's not that "technology moves too fast". We only wish we could outrun the dinosaurs, but Ron Rivest and Abraham Lempel are still winning the race.

    1. Re:Shorten patents because we're SLOW, not fast! by cnflctd · · Score: 1

      We only wish we could outrun the dinosaurs, but Ron Rivest and Abraham Lempel are still winning the race.

      Only because Netscape and PGP allowed LZW GIFs and RSA crypto to spread throughout the universe. This has created network effects similar to the MS monopoly. Practically irreplaceable functionally irreplaceable

      --
      I'm cool like a fool in a swimming p-p-pfft-pool
    2. Re:Shorten patents because we're SLOW, not fast! by cnflctd · · Score: 1

      Sorry. The last line should read "practically irreplaceable != functionally irreplaceable"

      --
      I'm cool like a fool in a swimming p-p-pfft-pool
    3. Re:Shorten patents because we're SLOW, not fast! by Anonymous Coward · · Score: 0

      And now Netscape and PGP are allowing us to make the switch to PNG and Diffie-Hellman, but we still haven't done so. Network effects are a part of it, but network effects aren't all bad. They may cause Microsoft to gain large market share, but they also cause open protocols; SMTP is useful because everyone else uses it, so even proprietary messaging systems need to understand how to send and receive mail via SMTP.

  57. Re:BeTika (-1: fjortis) by Anonymous Coward · · Score: 0

    Sen när har fjortisarna hittat /.?

  58. Re:It's what they do with the patent that counts.. by the+eric+conspiracy · · Score: 2

    it takes away the right to someone's thoughts

    How the HELL do you reach this conclusion?

    The only thing a patent grants the owner is a limited ability to prevent others from using an invention. Google comes up with a new search engine and patents it. Anyone can still think all they want about the methods used, and in fact do R&D on it without infringing. In fact, without patent protection the chance is you WOULDN'T be thinking about the Google algorithms because they would be kept as a trade secret.

    Governments take away your rights every time they make a law. The laws against murder take away your rights to shoot somebody just because you have a headache.

    The point of laws is that the OVERALL gain is supposed to outweigh the loss of freedom associated with having a law. Back in the 17th century governmants worked out the principle that granting patents in exchange for requiring the inventor to publish his technology was a benefit to society as a whole. If it weren't for patents, the Google inventors WOULD NOT be publishing their algorithms and you would have no idea how their search engine worked unless you tried to re-engineer it yourself, a needless duplication of effort.

    until we can persuade the (US) government that software patents in their present form don't work

    I won't argue with that - any system can be improved.

  59. Re:It's what they do with the patent that counts.. by Uri · · Score: 1

    A patent does more than just prevent you from using somebody else's invention. It also prevents you from using your own invention if somebody else came up with it independently and patented it first. Of course, by releasing details to the patented process, it often doesn't even give you the chance to think of it yourself.

    I'd much rather have a company rely on obscurity to protect their inventions, and allow me to code anything I think of, safe from patents that I didn't know existed.

    Of course, I'd prefer it even more if the company decided to publicise the information that it came up with (after a certain period of time, say) as this would be the optimal game-theoretic state for everyone.

  60. Re:Why did they bother? Google's allergic to money by segmond · · Score: 1

    Duh!!!! They can license the algorithms to others for a small fee! Duh!!!!!!!!!!!!!!


    --
    ------ Curiosity killed the cat. {satisfaction brought it back | it didn't die ignorant | lack of it is killing mankind
  61. Patent misuse is the problem. by anatoli · · Score: 2
    Until Google starts to sue infringers, I'm happy with it. It searches extremely well. For instance: Moderate this down (-1, Underwhelming)
    --
    --
    Industrial space for lease in Flatlandia.
  62. Re:SO WHAT, INNOVATE, DON'T COPY ... by segmond · · Score: 1

    I hear your cry, I feel your pain!

    --
    ------ Curiosity killed the cat. {satisfaction brought it back | it didn't die ignorant | lack of it is killing mankind
  63. It's a bad patent by bvmcg · · Score: 1
    Actually, the system in use is pretty straightforward and obvious. Effectively, that same algorithm is already in place wherever you search for a product and see "customers who liked (x) also liked (x)" on e-commerce websites.

    It'd be a shame to give up Google just as I hated giving up Amazon.com after ten thousand dollars' worth of business.

    Now's the time to implore Google to use their patent wisely, assuming they get it. It's cool to have a patent just to be sure you yourself can continue to use an idea. It's a Really Bad Thing(tm) to use it to stop others from using it with so simple a concept.

    Write their press contact. You can be sure they're listening to that address.

  64. Re:SO WHAT, INNOVATE, DON'T COPY ... by Flower · · Score: 1
    You are off-topic.

    Anyway, if you took the time to setup an account and set your prefs you wouldn't have to be bothered by stuff that doesn't interest you. You only have yourself to blame.

    IMO, your attitude sucks. You're offensive, so why should I even give your opinion any weight at all? You're obviously not "above it" as clearly indicated by your childish rant and personally this "I'm a normal programmer/engineer/knows what's going on in the real world" hedge doesn't wash.That type of person would have enough experience to know you don't hit the submit button on a post like yours and would have written something halfway civil if they had a real point to make.

    So under further review I suggest that the moderators give you troll and flamebait as well. Normally I would not feed a troll but I'm in a fanciful mood today. Moderate as needed.

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
  65. Neither ingenious nor obscure by Chagrin · · Score: 1
    It's just another rediculous patent. See for yourself: Google has basically patented ranking by counting the number of links to the given page.

    Granted, if I were building a search engine, it might take me a few tries figuring out the best ranking algorithm to use, but anyone would assuredly brainstorm this one sooner or later.

    --

    I/O Error G-17: Aborting Installation

    1. Re:Neither ingenious nor obscure by PurpleBob · · Score: 2

      It must not be that obvious, because other search engines have been around for years without using this algorithm.

      Now Google uses it, and it actually returns links that make sense because of it. I think it deserves the patent.
      --

      --
      Win dain a lotica, en vai tu ri silota
    2. Re:Neither ingenious nor obscure by Anonymous Coward · · Score: 0
      It must not be that obvious, because other search engines have been around for years without using this algorithm.

      The algorithm is obvious, hell, "counting the number of quotes of a given article" has been used for years to evaluate the value of some researcher's article. Just applying it to WWW pages is trivial (especially if you are a researcher and thus have your work evaluated by said metric).

      What is not obvious is how well it would work, and who to tune it properly: but you shouldn't be granted a patent for simply making experiments of a well-known algorithm.

    3. Re:Neither ingenious nor obscure by qmrf · · Score: 1
      basically patented ranking by counting the number of links to the given page

      Yes, in about the same way that the sun is basically a big warm thing. Neither description does justice to the object under discussion.

      Google does not just count the number of other pages that link to a given page, but counts the number of other *good* pages that link to a page. If a page is linked to by a few highly reputable sources, wouldn't you expect it to have better information than a page linked to by a hundred GeoCities sites? I certainly would. Google assigns pages scores based on how "good" the pages linking to them are. A "good" page is one that has a high score. So a high scoring page is one that's linked to by high scoring pages. Which, if you think about it, brings up a few questions. Notably, where do the first high scores come from that allow other high scores?

      The algorithm to-be-patented does not merely count up links, but figures out this interplay of scores and links. A little more complicated than at first blush.

  66. Re:It's what they do with the patent that counts.. by Uri · · Score: 1

    Woops - just pressed Submit instead of Preview. Here's the rest of my reply:

    Just wanted to add that I agree with you completely about the idea of rights. Only in an anrchy are rights absolute (you do whatever the hell you like, but so does everyone else). In fact, the most difficult point that has to be addressed by government is that of conflict of rights. My right to free speech is limited by your right not to be slandered.

    On the other hand, I believe that the present balance of rights, especially as far as freedom of knowledge and expression are concerned, is very pro-corporation and anti-community and individual. It appears that today's capitalistic society views the benefits of large corporations and individual greed as sufficiently important to outweigh the loss of freedom associated with many of these laws.

    Laws should be made to create a happy sane society, not just an economically successful one.

  67. Re: Technology thieves. by penguinicide · · Score: 1
    Personally I think they should get the patent. An algorithm is innovative (noone else has done it yet, and the big search engines have been out long enough to come up with it on their own).

    As best I can tell it fits into their business plan. They won't sell ads, but i'm betting they are planning to license their search technology. All they need is to license somehting unpatented and have someone reverse engineer it and sell it without paying licensing fees. This is just the thing that a patent is supposed to prevent.

    Something new should be created to protect software. Hybrid copyright/trademark/other rules. None fit quite right.

    --


    penguinicide... when jumping out a window just won't do.
  68. The Myth of the Typical Slashdotter by FreeUser · · Score: 2

    Well, perhaps their enthusiasm for free/open source software (unless paid mercenery astroturfers count as slashdotters these days), but beyond that I doubt you'll find slashdotters agreeing on much of anything.

    Some of us (such as myself) believe that patents should be eliminated entirely, that they are a diservice to humankind and do more to harm and slow down technological progress in all areas of scientific endeavor than any other single thing.

    Others are against software patents, but do not feel the same reasoning applies to other disciplines.

    Others are simply against the pathetically obvious patents being issued by the USPO, and would like to replace the people issuing these patents but keep the system as it is largely unchanged.

    Still others feel the same as above, except they would like to see the system reformed in various ways. How exactly it would be reformed is a conversation that, among slashdotters at least, will result in numerious, boistrous, and often mutually exclusive opinions and suggestions.

    Finally, there are some here who ardently support and approve of the patenting system just the way it is.

    All of these points of view probably stack up as a minority opinion when taken against all the others.

    The myth of a "typical" slashdotter is one being bandied about by Microsoft-paid astroturfers and the like, and has little if anything to do with reality. It is as nonsensical as arguing that a crowd of people who unanimously expect the sun to rise in the east are therefor conformist and can be expected to agree on just about everything else. As with most things, we mostly disagree on the issue of patents and what to do about them and the problems some of us believe they cause. Hell, we even argue about the implimentation of the one thing we all do agree on -- how best to create and nurture free software (BSD vs GPL, Gnome vs. KDE, etc.). If we can't agree on that, it is highly unlikely we'll agree on anything, except maybe that the sun, probably, will rise in the east tommorow, unless of course it doesn't.

    --
    The Future of Human Evolution: Autonomy
  69. not just evil by Anonymous Coward · · Score: 1

    http://www.google.com/search?q=best+operating+syst em

  70. More Power To 'Em! by InfiniterX · · Score: 3

    Why is this patent bad? Google's people invested their hard work and time into developing a page analysis method, and they are more than within their rights to patent it.

    Patenting a concept (i.e. the "concept" of banner ads) is relatively questionable business behavior. Patenting an IMPLEMENTATION of that is not - it helps the developers protect their investments, and it forces everyone else to find a better way to do the same thing.

    Here Google's authors can rest assured that nobody will steal the fruits of their hard work, and it prompts the rest of the community to come up with a different implementation of a page rankings algorithm that may be better or serve a different purpose.

    I'm sure that if someone were to release a competing search engine using Google's algorithm, this entire community would be up in arms about it. So why don't you allow Google the chance to protect their work?

  71. Does foreign practice matters for USA? by Anonymous Coward · · Score: 0

    I've used yandex.ru with excellent ranking based on entered phrase for years.

  72. Re:It's what they do with the patent that counts.. by Robert+Wilde · · Score: 1

    Patenting, unlike copyright, takes away more that just the right to someone's work - it takes away the right to someone's thoughts.

    That is why software patents are so insidious.

    Patents are suppose to be protection for an implementation not an idea. Thomas Edison couldn't patent the idea of a light bulb, only his specific implentation (and those based on it). With software, however, it's impossible to separate the implentation from the idea. Software is like language and should be handled solely by copyright law.

    If someone steals your code they are breaking the law just as if they plagarized your novel. However, Arthur C. Clarke isn't allowed to stop anyone from writing about an alien structure found on the moon - software coampanies shouldn't be either.

    Robert Wilde

  73. Re:Ever tried... [-17, True But Troll] by Anonymous Coward · · Score: 0
    This "news" dates back to Paleolithic times... cut us a freakin' break already!

    [ Posted under the influence of massive quanitites of leftover Xmas candy. :-) ]

  74. Lawsuits are the problem, not patents by Ian+Lance+Taylor · · Score: 3

    There's nothing wrong with taking out a software patent, in today's crazy world. It's a good way to make yourself look good to investors, for example.

    The problem is suing other people based on that patent.

  75. Re:Patenting is bad... NOT! by Anonymous Coward · · Score: 0

    That's why a patent is a limited time thing. You have a short monopoly, then it's public domain. Without patents, you would (an did, before patents) keep a process secret, still have a monopoly, and the knowlege dies with you.

  76. one of several link-based approaches by jetson123 · · Score: 2
    The idea of using links/citation for ranking the importance of search results predates the web, and other groups had built search engines based on rankings using links/citations before Google (but didn't go the startup route). It seems to me that, up to some tweaks, PageRank is one of the more straightforward implementations for the web.

    It's really hard to tell without seeing the patent how broad its claims are. On the whole, this patent doesn't seem any worse than a lot of other software patents. Depending on its claims, however, I think there may be some published prior art.

    Incidentally, take a look at NorthernLight (www.nlsearch.com); they have a patent on their search folders, again something that is very close to widely used techniques.

    On the whole, startups don't have a choice: VCs want patents. Those patents are needed for defense and negotiation with other companies in cross-licensing deals. Almost everybody (other than the lawyers) would be better off if these software patents didn't exist, but as long as the patent office will grant them and courts will enforce them, everybody has to get them.

  77. Re:Ever tried... [-17, True But Troll] by Anonymous Coward · · Score: 0

    Cool! This post needs to be moderated up just for pissing enough people off to achieve such an impressive negative ranking. LOL! (No, I'm not the author, I just thought this was kind of amusing)

  78. Not the point of patents by Tim+Behrendsen · · Score: 1

    The point of patents is not so much to protect the IBMs of the world; it's to protect the little guy from the IBMs of the world. If I'm Joe Littleguy, and I invent copper interconnects, then I would never be able to develop the idea because some other company with bigger dollars would instantly steal it and beat me to market. This is a huge disincentive to invent anything, and promotes monopolies.

    I'm actually glad you brought this up, because there is far too anti-patent thinking on Slashdot. Patents are your friend.

    Now software patents are different. Personally, I think the problem is that the "science" of software is so new that we are still inventing "wheels" so to speak. My thought is that we should allow no software patents until an arbitrary date (say, 2029), and after that when the industry has presumably matured, we'll assume that everything obvious has been invented and start allowing software patents again.


    ---

    1. Re:Not the point of patents by Anonymous Coward · · Score: 0
      Even better, I think software should be put on the same level as literature. There are many ways of saying the same thing, so minor variations on a theme should not be punishable. However, if one uses a published algorithm, then one should feel obligated to inform the public of that use.

      For example, if I write a string matching program that uses Knuths TRIE algorithm, I should, somewhere in the source code or a readme, expound on my use of that algorithm giving the originator of said algorithm and the publication in which I found it. Not only is this good documentation, but it avoids a certain "software plagarization", which I feel is more abhorrent than forgetting to pay a license fee.

      Of course, this is an honor system, so no one can really enforce it, but it would have a certain amount of legitimacy in the academic community and with most honorable programmers as well.

    2. Re:Not the point of patents by Anonymous Coward · · Score: 0
      Joe Littleguy can't afford patents, certainly not enough to deter infringement suits over all the other patents for obvious technology he reinvented without even thinking hard.

      Patents serve to make software look like those big old capital-intensive industries in which only a few huge unresponsive "competitors" can exist and two guys in a garage can't accomplish anything.

  79. Re:Is it obvious? YES IT is: Prior ART exists! by angel'o'sphere · · Score: 1

    Hi,

    If you are right with your statement here (I expected something like that algorithms but did not dig into it), than the algorithms are are realy old.

    I read about very similar stuff in linguistic research areas (published in scientific american) about 15 years ago.

    They described heuristics and algorithms for distinguishing relavant occurances of words in documents from irrelevants.

    The topic/problem is very close related to automatic abstract generation from scientific texts. An very old and partly well understood problem.

    Usualy you will combine those algorithms with an attached thesaurus.

    BTW. should I patent an thesaurus based search engine?

    What makes me realy wonder is that none of the existing search engines tried to get some experianced linguists for choosing/implementing analysis algorithms and building the index data base.

    All the search engines are realy dump and nearly unuseable for scinetific research/seeking in the web.

    If you know some good ones, please mail me :-)

    Regards,
    angel'o'sphere

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  80. What's obvious? (poll!) by Slimbob · · Score: 1
    These stories about patents ought to come with a poll where users can vote on the obviousness of the patent. After all, this seems to be a place where those "skilled in the art" congregate. I'm surprised that we haven't already began voting and moderating the values of patents on a number of scales, including obviousness, and also defining the art where one must have relevant skill in order to determine obviousness.

    Also, I'll bet there are those in the USPTO who have been shamed into reading Slashdot for a tech education. Let's give them a nice quantitative assessment. After all, nothing moves in the gov't without some numbers to quote.

  81. Atari was an evil Patent Whore by Anonymous Coward · · Score: 0

    They had a few patents in their day. My favorite is the Multi-player, multi-character cooperative play video game with independent player entry and departure. You've probably played it. Its Gauntlet!

  82. Hey, 19 by Anonymous Coward · · Score: 0

    Feelin' kinda Steely Dan today....

  83. Here's the thing... by Millennium · · Score: 2

    Software patents are a Bad Thing. It's good to fight to change them. But until they actually are changed, we do have to respect the system.

    However, until the patent system is changed, it can yet prove useful. Consider: The GPL uses copyright, which is supposed to prevent people from copying works, to instead allow such copying. Something similar could (albeit more expensively) be done with patents relatively easily. Get the rights to it, then give others those same rights freely.

    Last I checked, Google was Open-Source. Since OSS and the typical uses of software patents are antithetical, my guess is that this is what Google is trying to do. It'll apply a GPL-like license to the patent: you may use this technology in your products, provided that either 1) those products do not involve any other patented technology or 2) any other patented technology used is licensed is distributable and usable under the terms of this license.

    It's a shame that Google has to do this; patents are expensive. But when you have a system that people twist to knock others out, you have to twist it too in order to survive.

    1. Re:Here's the thing... by Mark+Shewmaker · · Score: 1
      Software patents are a Bad Thing. It's good to fight to change them. But until they actually are changed, we do have to respect the system.

      However, until the patent system is changed, it can yet prove useful. Consider: The GPL uses copyright, which is supposed to prevent people from copying works, to instead allow such copying. Something similar could (albeit more expensively) be done with patents relatively easily.

      This is exactly what I'm trying to do at www.openpatents.org.

      Those who submit their patents under this license (the "Open Patent License") would gain the use of other patents similarly licensed and would also gain the defensive benefits of the larger patent portfolio this license would create.

      Those who are obtaining patents for defensive reasons can pretty much only benefit from such an agreement.

  84. Bottom line by Mignon · · Score: 1
    Patent/shmatent - as long as they don't turn into a (shudder) portal.

    I like Google because they

    • Load quickly
    • Have good results
    • Run on Linux (anyone know if this is still true?)
    though not necessarily in that order. I used to like AltaVista's text-only page for the first two reasons, though I think Google has better results. If Google starts to suck (note that my evaluation of whether they suck might be different from yours!), I'll go back to AltaVista.
  85. Right on by Anonymous Coward · · Score: 0

    I don't care if you're trolling. It's really pathetic how many people wear "nerd" like some kind of freakin' badge of honor.

    Get a life. Computers are fun. You can get paid for knowing stuff about them. That doesn't mean your whole life has to revolve around them.

    If we could just get RMS or Torvalds to publicly announce that REAL hackers like to catch .45 caliber bullets with their teeth, we could cut the traffic on this site in half.

  86. Stop bitching and write your own algorithm. by be-fan · · Score: 1

    Its true. Patents and propriatory stuff is not a Bad Thing. Thats what keeps people going and developing new stuff. Its prevalent in everything from fast food (does McDonalds release the recipie for its fries?) to Physics (do scientists give out research before they have had a change to publish a paper on it?) I have no problem with Open stuff, as long as OpenStuff people don't complain about other people keeping their stuff closed. Its their technology they can do with it whatever they damn well please.

    --
    A deep unwavering belief is a sure sign you're missing something...
  87. Google schmoogle by skozee · · Score: 1

    You guys really have to lighten up about this patent stuff. Google has made big efforts to keep the site advertiser-free, therefore their business model is made around licensing their technology to other search engines. People *DO* have to make money at some point, and selling it is way better than bothering me with ads, in my opinion.

    --
    http://www.logient.com
  88. Re:patents are nearly irrelevant ... Not really by Anonymous Coward · · Score: 0

    I suggest you look at Fatbrain for your next book order and not reward Amazon.

    It matters to my son, because I would not order the astronomy book he wanted from Amazon. Instead he chose another book, we ordered from Fatbrain and got a better price.

  89. Google (Patent Pending/Prior Art) by jsreece · · Score: 1

    It wasn't Google's idea to analyze hyperlink structures in general as the primary determinant of page relevance, so it will be
    interesting to see how the Patent Office and the lawyers determine if their ideas are too incremental to patent. In fact, scholars have
    been using something called "citation analysis" long before the Web to determine the significance of legal briefs, academic and scientific papers.

  90. NO software patents by Rilke · · Score: 2

    The proliferation of obvious patents (windowing, one-click shopping) is starting to make us lose sight of the core issue: software patents should never have been allowed.

    Algorithms cannot be patented. No matter what you may think about that; that's the law. The idea that you can't patent an algorithm, but you can patent the concept of implementing that algorithm in software is simply absurd, and we won't get out of this mess until software patents are rejected.

    If the algorithm behind google can't be patented, then it makes no sense to patent the implementation of the algorithm in software. The specific implementation can be protected by copyright law. The *idea* of implementing an algorithm in software is an obvious one.

    So even if you think Google has done significant and non-obvious work here, that's irrelevant. The algorithm may be impressive, but that's not patentable. And the implementation may represent significant work, but that's protected by copyright. There's simply no place for patents here.

    Now, I'm not really attacking google here. The law is a mess and Google has to play the game. But this madness has to stop soon. The Internet would never have come into being if this mess of patenting every idea in sight existed 25 years ago.

  91. Sounds Good To Me by Artagel · · Score: 1

    I like patenting things like this. I think it will make a critical technology advance faster, and make the relevant businesses more efficient.

    Patenting makes the technology known to the public. The patent explains how to make and use the thing, and puts the world in a position to figure out improvements to it. It is a way of facilitating "open source" for ideas. Sure, you have to pay the piper for the idea that is disclosed, that is, respect the monopoly for the period of years. You can license, but then, the inventor is just getting paid.

    The alternative just makes my skin crawl. The alternative is that everyone in technology keeps secrets. They restrict who they hire, and where those people can go when they leave. The sue former employees and their present employers when it might look like a secret got leaked. Keeping the details of technology secret would in turn limit the number of people who have the access to make improvements. I think that trying to distinguish between general knowledge that an employee learned while working at a place can be hard to distinguish from the the secrets the company has, or that the person was paid to develop. I bet such judgments are just as hard for juries to make as obviousness is for patent examiners.

    At least with a patent, there are electronically recorded and searchable lists of what you can't do without someone else's permission. Then you can find out who you pay to be allowed to do it. Keeping track of the off-the-books trade secrets that float with contract employees, and making sure you can't get sued for their contributions can be darn hard. (And one of the ironies of trade secret suits, the person complaining WON'T TELL YOU WHAT SECRET YOU'VE STOLEN, in case you actually didn't steal it. Heh. That makes for some fun during the lawsuit.)

    Personally, I prefer open information, and the ability of employees to move freely, and companies to hire and fire as needed to pursue technology. That means patents instead of trade secrets. I don't think that search engine developers keeping their advances tightly secret will make the internet a good tool as fast as patents will.

  92. Re:It's what they do with the patent that counts.. by the+eric+conspiracy · · Score: 1

    I'd much rather have a company rely on obscurity to protect their inventions, and allow me to code anything I think of, safe from patents that I didn't know existed.

    The problem with this is that a lot of scientific research has commercial applications. Suppose you are AT&T and are sitting on the invention of the transistor and laser. Would you publish your results in the scientific literature knowing that you would lose billions in potential license fees? Or would you keep these breakthroughs secret for as long as possible, resulting in the postponing the information revolution?

    The patent system was developed in the late 17th century in England, and was almost immediately followed by the industrial revolution in England. While it is tough to prove cause and effect, there is a powerful correlative fact here.

    The patent system was developed as a result of corporations and trade guilds keeping technologies secret to protect their technologies. If you look at the histories of the time, the lengths that were taken are astounding and definitely harmful to both commerce and the progress of technology. The developers of the patent system believed that free exchange of ideas in the form of publication of the technology is well worth the price of a temporary monopoly.

    These days there are entire industries that might not exist if not for patent protection. Who is going to invest a billion dollars in development of a small molecule drug that can be easily reverse engineered without the availability of patent protection?

  93. A Protest Letter to Google by pfft · · Score: 2

    Here is the letter I wrote them. I'm not sure what email address you should use for this sort of things; anyone?

    Date: Mon, 27 Dec 1999 18:50:02 +0100
    From: Vilhelm Sjöberg
    To: help@google.com, press@google.com
    Subject: Concerning the Patent on PageRank.
    X-Mailer: Mutt 0.95.6i

    Dear Sir,

    I am writing to you, since it has been called to my attention (through the
    recent Slashdot article) that you are applying for a patent for the PageRank
    measure. I urge you to reconsider this decision. If you feel that that is
    impossible, at least consider granting use of this technology to everyone,
    without licensing fees.

    When I first learnt about Google I was excited, not only about the remarkably
    high-quality results it returned, but equally much about the fresh attitude
    exhibited in for example the paper "The Anatomy of a Large-Scale Hypertextual
    Web Search Engine". Quotes like

    "Up until now most search engine development has gone on at companies with
    little publication of technical details. This causes search engine
    technology to remain largely a black art and to be advertising oriented.
    With Google, we have a strong goal to push more development and
    understanding into the academic realm."


    gave an impression of a company which took true "community responsablity" (to
    use a marketing word): rather than being content with some market share, you
    aimed to improve the state of the art in web searchers. The academic
    background seemed to vouch for a free dissemination of information, following
    a tradition much older than IPOs and Market Relations.

    With its connections with the academic domain, Google would be clearly aware
    of the damages patents on algorithms has done to the level of technology used
    in many fields. Research itself might not be hampered (since the academic
    study of an invention is not covered by patents), but its adoption in everyday
    life is critically hampered.

    The clearest example of this is in the field of data compression, where
    algorithms like PPM (which has existed for decades) remain unused due to
    patent problems. Some more current algorithms _were_ in fact adopted, for
    example Ross Williams' variations on Ziv-Lempel coding which were implemented
    by GNU, only to be forced to withdraw. Instead, the commercial field remains
    dominated by LZ77 (Zip, Gzip), or LZ78 (compress). Imagine if Ziv and Lempel
    also had patented their results; then we would still be using per-symbol
    huffman coding like the Unix utility pack(3).

    The Google founders should be well aware how new inventions in this area must
    depend on older; indeed the paper mentioned above itself acknowledges this when
    it describes the PageRank:

    "Academic citation literature has been applied to the web, largely by
    counting citations or backlinks to a given page. This gives some
    approximation of a page's importance or quality. PageRank extends this idea
    by not counting links from all pages equally, and by normalizing by the
    number of links on a page."

    Patenting the PageRank would frustrate further development in text searching
    and block its actual adoption, in the same way that would have been the case
    if the "Academic citation literature" had been covered by patents.

    By filing for patent of PageRank, Google has chosen Profit over Progress. If
    more users become disillusioned like I have, you might find you will gain
    neither.

    Sincerely Yours,
    Vilhelm Sjöberg

    --
    -Vilhelm Sjöberg "355/113 -- not the famous number,
    vilhelm@home.se but an incredibly good imitation!"

  94. Google is not an original concept by Jefe · · Score: 1

    It's been mentioned in a few nooks and cranies here, but I feel the need to say it plain: what Google implemented, namely, citation indexing, has been around for decades at least. It's a great library/information science tool, used to index scientific journal articles. It is not orginal as far as Google is concerned. Now, what they have done is created a very nice implementation for web pages. Whether that implentation can or should be patented is the question, and would that preclude other people from creating their own implentations of citation indexing for the web?

    Worst case scenario: the idea of applying citation indexing to web pages gets patented. Not substantially different from patenting 'search engine' itself as a concept.

  95. That's not the law! by werdna · · Score: 2

    Although software itself is not patentable (and should not be), technologies and algorithms definitely are.

    The above-quoted statement is a restatement of a common misconcetion about patent law. It mistates the law, at the same time, by overstating and understating the scope of patentable subject matter. It overstates the scope of patentable subject matter, in that there exists a narrow class of abstract "mathematical algorithms" which are non-patentable. It understates that scope because software, "itself," is most certainly patentable in some cases. Claims directed solely to software have been allowed by the PTO and enforced by the Courts under the United States Patent Act.

    The modern standard is basically, "anything under the sun made by man." A patent claim directed to software is patentable, even if it recites a mathematical algorithm, if it constitutes a "practical application of a mathematical algorithm, . . . [by] produc[ing] 'a useful, concrete and tangible result.'" See AT&T Corp. v. Excel Communications, Inc., No. 98-1338 (Fed. Cir. Apr. 14, 1999).

    If the lawyer properly framed the claims, it is these days almost frivolous to argue the validity of a software patent claim on subject matter grounds. The only issue is the traditional question as to whether the invention was novel, useful and unobvious, as those terms are used in the Patent Act.

  96. Re: Technology thieves. by Anonymous Coward · · Score: 0

    > (noone else has done it yet, and the big search
    > engines have been out long enough to come up
    > with it on their own).

    That is not true. Inktomi has been doing something similar for many months, and now Fast is doing it too. Click on "web pages" at yahoo's search results for terms like "mp3" or "games" and you will see for yourself.

  97. No they don't by symbolic · · Score: 1

    Here's the other side of it...what if, every time you sit down to program something for someone - whether it be as a contractor or employee, you have to worry about whether or not you're violating someone's patent? For the creative software engineer, this would seem a very easy thing to do. All software patents will do is drive up the cost of doing business...if you're not paying someone royalties, you'll be paying for patent searches to make sure you're not inadvertently infringing on someone else's idea - not because it's particularly brilliant, but ONLY because it's patented. To put it bluntly, this sucks.

  98. That's not the law! by werdna · · Score: 3

    The standard is not whether the invention was obvious to "one 'skilled in the art', e.g. a geek'." To the contrary, the standard is whether "the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains." 35 U.S.C. s. 103(a).

    The issue is not whether in hindsight an expert would think the issue is obvious, but whether a dull, ordinary, hack familiar with the art without the benefit of knowing the solution -- or even a requirements specification of the problem -- would find the differences obvious.

    So what, then, if we are to charge Amazon with invalidity, is the relevant prior art that makes obvious the one-click solution? And if the solution was so obvious, given the need to do it, why wasn't it done by others before Amazon did it? It is interesting to note that B&N's lawyers couldn't come up with a plausible answer to that question during the preliminary injunction hearings. Where is the "clear and convincing" evidence of invalidity, then, apart from the naked assertion of obviousness so frequently asserted in these letters?

    I do not assert that invalidating prior art does not exist. I merely note that no one has come close, so far, to presenting any.

  99. Really? by / · · Score: 2

    What, pray tell, are patents good for other than restricting your competitors from doing what you have patented? What value does a patent have if there is no threat of a lawsuit? Maybe if you had said "only defensive lawsuits" I would've agreed with you. As it is, I can't distinguish your statement from a hypothetical one like "It's not the sun that's the problem; it's that giant celestial body we orbit around that's the problem."

    Even investors, who are overvaluing everything in sight these days, wouldn't touch you on this one.

    --
    "If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
    1. Re:Really? by Ian+Lance+Taylor · · Score: 1

      Patents are good to make your company look good.

      Of course investors like to see patents. It tells them that what you have invented is unique and potentially valuable. Most investors don't have the technical ability to evaluate an invention on its own merits; a patent shows that somebody else--the Patent and Trademark Office--thinks that the invention is worthwhile. You and I know that the Patent and Trademark Office hands out software patents to any idiot, but people outside the software industry don't know that, and in my experience most don't believe it without plenty of evidence.

      Patents also look good as a marketing mechanism: slapping a patent number on your box is a good marketing move, because, again, your customers don't realize how easy it is to get a software patent.

      My point is simple: don't condemn Google, or anybody else who holds a software patent, until they do something worth condemning.

  100. Wasn't there some prior art on this? by werdna · · Score: 2

    I seem to recall a group at Watson Labs working on a similar eigenvector-based ranking system for citation analysis. I believe that research was discussed in a Scientific American article sometime in the last year or so.

    Is this the same guy, or am I conflating technologies?

    1. Re:Wasn't there some prior art on this? by stillwater · · Score: 1

      Prof. Jon Kleinberg of Cornell did something similar; theres a paper of his titled "Authoritative Sources In A Hyperlinked Environment" available here Its also available as an IBM Research Report so maybe it has overlap with what you has in mind.

  101. Re:It's what they do with the patent that counts.. by Uri · · Score: 1

    I think what you say illustrates the difference between scientific patents and software patents. The thing that makes free software possible is the low investment cost - a bit of time and a fair amount of brainpower. It is also why we should be more cautious in providing software the protection afforded by patents.

    In the case of medical and scientific advances the (financial) investments are that much greater, and I agree that patenting is a vital means of encouraging research. Ideally, all research would be funded by the government for the good of the community, but I am aware that this is a somewhat impractical utopia.

  102. 1 year window of opportunity by Jayson · · Score: 1

    Isn't the window closed? Wasn't the paper originally published in sometime in 1998? If I understand the requirements for patents, the work is only allowed to be in the public domain for a year before your right to patent it goes away. They would only be able to patent a nonobvious extention to the original work. But, I am not a lawyer, so I amn probably wrong.

    On a seperate note, this idea is not original, there was an research paper search engine that used to extract the references and bibliography sections of indexed papers and used them to rank the best papers. Give me a break. What dicks, stealing other peoples' ideas and trying to pass them off as their own.

  103. Here's the secret to Google searches by / · · Score: 2

    There are two successful methods you can choose, depending on your own creativity, to create a search result that will point to microsoft.com.

    The first is to go to microsoft.com and find some words that you can string together and take out of context. Remember: Google doesn't preserve the order of your words, and Microsoft.com is one of the most linked websites on the web, so whatever string you put together will likely point to them first before others, and this is even more true if you reference Bill Gates.

    To illustrate this, we can put together a simple string of words like Bill Gates eats customers in his office. All of those words are found on Microsoft's site, and lo and behold, microsoft.com is the first site to come up.

    The second technique is really just a variation on the first: when Google encounters a word in your search that it doesn't understand, it just drops it and proceeds with the rest of your search. Thus, if you are creative and come up with a word that sounds like an obscene sexual act but which doesn't actually exist in the English language, like for instance "oingoboingo", you can make a lovely search like Bill Gates oingoboingoed your mother. Again, microsoft.com is the first site to come up, after "oingoboingoed" is dropped.

    Now you too can explore your own personal brand of juvenile humor.

    --
    "If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
  104. Re: Technology thieves. DUH! by Anonymous Coward · · Score: 0

    Months? Google has been around longer. Where do you think these other search engines got the idea?

    At the search engine company I worked for, there were two dozen coders plus project managers, etc. working on nothing but the search engine for years and they didn't come up with this.

    Google's technique is only obvious *after* you read about how Google did it. They deserve protection from technology thieves.

  105. ???"Free Patent" Pending??? by Anonymous Coward · · Score: 0

    Couldn't there be created come kind of "Free Patent" that could allow anyone to use the technology, but not charge for the use of it? I understand how patents works, but with the onset of open source and what not, couldn't those ideals be put in to practice with patents as well? The Patent owner could be the maintainer and those who wanted to use the ideas would just have to give written credit to the maintainer. No more suits for $$$ and what not. It is a naive thought, but hey, you never know.

  106. Re:Patenting is bad if you aren't inventive by Anonymous Coward · · Score: 0

    You invent a widget. It's not trivial; you spend five years and mosy of your money making it. There are no patents. You are selling your widgets mostly by word of mouth, since you have little capital for advertising. I can't buy your widget because I don't know you or it exists. Micro$oft finds out about your widget and starts selling widgets. They make another forty billion selling them. You die a broken, impoverished man. Serves you right for thinking patents are evil!

  107. we already have it by Anonymous Coward · · Score: 0
    If you patent something, you have to make your plans (process plans) public. You can only keep your process secret if you DON'T patent. And, after a prescrobed time (18 yrs or so) it is public; anyone can use it for free.

    If what google patented is useful, infosuuk should have to pay to use it- for the next 18 years.

  108. One Thought by Anonymous Coward · · Score: 0

    Quit bitching and whining about some socialist utopia with no money. Instead, realize that when someone invents something its *THEIRS*. They get to keep it and sell it only to people who can afford and agree to their price. Instead, you want to put a gun to their head and insist that they give everything away. Google.com is the best search engine on the net. I've been using it for a few weeks and it finds the best pages unquestionably. Now you tell me, why in the hell should the slack-asses at the other search engine companies who were too stupid to invent such technology or have the balls to get behind it get to use it? You think Alta Vista is going to pick up on Google's technology and improve it? They couldn't even create it in the first place!

    But I know why you all support ideas like stealing concepts and inventions from the geniuses in the world so that the mediocre can use them... you know that you don't have the ability to produce anything anyone would ever want to pay for. You've realized that in a capitalist society you'll drown because you're an inept loser. Either that or you know a lot of inept losers and you sympathize with them. They tell you that the rich people got rich by exploiting people and you agree with them. What you don't realize is that GREED is the #1 driving force of innovation and the improvement of life for everyone. If car companies weren't greedy, we'd all be driving Pintos. If computer companies weren't greedy, we'd be using 286s. What kind of software do you think you're going to end up with if Linux replaces Windows? it will stagnate completely. The capitaism you all hate so much is the only thing driving development. Once Open Source is the standard, no one is going to stand up and start making bust-ass software. because theres no greed involved, it will die.

    But, luckily, we'll never see that day. Linux users are such an extreme minority (about 4 billion people on the planet use computers in some way, 10 million use Linux) and their arguments are so weak and touchy-feely that they will be crunched under the boot of capitalists. Thank God. It won't be Microsoft. It will be a small company that decides to out-MS MS. They will create an OS that is totally and completely integrated and automated. It won't even seem like using a computer, it will be like using a microwave oven. It will be so mind-blowingly simple that millions of households all over the world will switch over immediately. Development for the system will be completely proprietary. To get the platform SDK you must buy a license. There will be 1 word processor. There will be 1 email program. There will be 1 web browser. It will be an enormous company, employing more programmers than any company in history, and the updates will be constant. Development and bugfixes will make Linux look like a snail. Because of the standards imposed, applications will not crash. Even the most advanced games will be working in a known environemnt and there will not be problems. There will be no "computers are complicated" stigma any longer, 50% of the world will be online.... get the idea? If you continue pining for this socialist dream of yours, you are going to be the force that creates what I have described.

    Esperandi
    Start thinking of money as life (because money IS life) and you'll realize what it is you actually hate.

  109. give them their patent and ads by sdh · · Score: 1

    I'm not sure what draws most people to google, but for me it's the decent hits it returns when I search, and they do that using the algorithm that they were the 1st to implement.

    Sure they did it with an algorithm developed at Stanford, but that's how graduate research works. Usually the university would get the patent on the idea and license it to a company.

    And as for google being ad free. That will change soon. It's part of their business plan to start selling ads, probably as soon as they build up a decent user base. Nobody wants to pay to advertise on an unknown site. As soon as they get enough eyeballs they can use those numbers to woo advertisers.

    They claim the ads will be clearly differentiated from the search results and will in no way affect the results, but the ads closest to your query will be displayed http://www.google.com/advertisement.html

    I say good for them. If it took a few years to develop and test the algorithm and they were, they should get the patent.

    As for the ads, even the best websites have ads. Just scroll up and you'll see what I mean.

  110. google search engine by porky_pig_jr · · Score: 1

    It seems like google search engine does something fundamentally different. At least it works for me like no other engine. In fact, once I've started using google, I'm finding things rather quickly and always on the mark. Apparently there *is* something they'are doing which is not trivial at all, and this probably should be patented. This is patenting the obvious which causes the negative reaction on slashdot.

  111. New Patent Office procedure by Anonymous Coward · · Score: 0

    I think the patent office should send all pending technology patents to Hemos or CmdrTaco to be posted as polls on slashdot...If I worked at the patant office I would welcome this kind of open discussion...I must suck having to try and be an expert in everything. I bet the officers that cleared the amazon patent are like "doh!" right now...then again they may also be even more clueless than I expect.

  112. Which secret? by st.n. · · Score: 2
    You are missing one important point:

    Google does not only look at the result pages (micros~1 in this example) for the search terms you entered, but also at the links that point to that page! This is in fact one of the reasons why Google is so good.

    I don't think the words evil and satan appear on their homepage, but instead they probably appear on some (or many) links to them.

    Look here for more about this.

    - Stephan.

    Carpe diem.

  113. Definition of "Device" by cnflctd · · Score: 2

    Damn right, IANAL, but how about this:

    A physical device that implements an algorithm is patentable: nobody else can sell such a device without paying royalties.

    A list of instructions that carries out an algorithm is non-physical (can be written down on paper, on a floppy, etc.) and is no more patentable than a recipe in a cookbook.

    When the list of instructions is written down in an executable file on a PC's hard disk, and that computer then carries out the algorithm, it has for the moment become a patentable device.

    HOWEVER, as a practical matter, it is wrong to define a general purpose computer as a specialized device that was designed to carry out one particular algorithm. The PC is really a general-purpose algorithmic simulator that happens to have become very fast.

    If I write down a "patented" algorithm on my PC's hard disk, and sell it as a "device", all I'm really selling is a general purpose computer (non-patented) with some instructions on it (non-patented), and BTW it can also run Quake (copyrighted, but non-patented). Do I pay the patent holder 1/2 royalties? If I add Windows (copyrighted, but non-patented) to the "device", I've added thousands of algorithms, so do I pay the patent holder 1/1000th royalties?

    I would have to DISABLE all other capabilities from the computer, so that it could only run the original algorithm, and hence become a single purpose "device" that implements it, to be liable under the law.

    And as a user, what I run on my PC is my own damn business. I'm not selling it; I'm using it. If I own a web search company and write a google-like ranking engine, I'd be serving up web pages from a general purpose web server. I have bought nothing illegal, and am doing nothing illegal. Get a warrant and all you find is unpatentable components. Would the cop yell "Don't turn the computer off! Without electricity, the evidence will disappear!" ?

    As a fantastic example: a crescent wrench is patentable, but a blob of liquid metal that can morph into any shape cannot be called a crescent wrench, if it can also be every other tool in the box. Would the patent holder hire a guy to stand over the blob and wait for it to become a wrench again? "You see? I own that. Pay me!" If the metal blob was in my living room, I'd consider that an invasion of my privacy.

    (I've already patented the blob, so you can forget that idea.)

    --
    I'm cool like a fool in a swimming p-p-pfft-pool
  114. Proving prior art. by Lurker187 · · Score: 1

    Does anyone know if those challenging a patent can use "expert witnesses" (obviously, IANAL) to demonstrate or testify to prior art? Many /.ers would probably qualify. Any thoughts as to the usefulness of explaining these things?

    And I agree with previous posts, that the patent should be for a unique process describing how to do something, not for a result. Prior art aside, if someone else can come up with a new and better way of doing the same thing that Amazon does, why should Amazon be rewarded and the consumer punished because they came up with an inferior process earlier than anyone else?

    --
    [command INSERTWITTYQUIP failed: insufficient wit]
  115. Haiku police by Anonymous Coward · · Score: 0

    I'm sorry to say
    Your sig has one too many
    "there is" should be "there's"

  116. Google Patent by quecojones · · Score: 1

    It depends on their intentions... if they get the patent and then 'open source' it (i.e. make the license $0.00 to prevent others from doing what Amazon.com did), then it's a good idea. On the other hand, if they're planning on doing something like what Amazon.com did, then I say fuck 'em. queco

    --
    "PROFANITY is the inevitable literary crutch of the inarticulate MOTHER FUCKER." -- some PC user
  117. Similar technology from IBM by sjames · · Score: 2

    What I'm wondering is how Google differs from IBM's Clever? According to a Scientific American article, clever determines relevance based on how many pages that are also considered relevant link to a given page. The process iterates several times, re-assigning the weight of each link until the solution "settles out", not unlike a bi-directional associative memory type neural net. That sounds familiar!

  118. Not all patents are bad... by Anonymous Coward · · Score: 0

    Patents serve (sometimes) a good purpose - to prevent others from ripping off your innovative ideas, and leaving you holding the bag of R&D, while implementing your ideas, and profiting from them.

    If Google indeed has an innovative technique of searching and ranking, then they should patent it. This doesn't mean that just because it's patented no one can use it. It simply means that one would require a license to use.

    Licenses do NOT need to cost money, as many companies issue gratis licenses for ceratin individuals or situations (like educational institutions), but that this also means that if a competitor to Google wants to use this algorithm, they will be required to possibly pay Goggle for it.

    In this particularl case, this would be absolutely fair, as Google *IS* in this case, protecting their intellectual property - and it's not like they patented a way to click on a link, or something stupid like that.

    Patents aren't always a bad thing. Just those filed and administered by morons.

    Harry

  119. "More+good" --> "Better"... by / · · Score: 2

    At least by my reckoning of the English language. The resulting search puts an American-football team on top.

    --
    "If one is really a superior person, the fact is likely to leak out without too much assistance" -- John Andrew Holmes
  120. Ugh.. by jallen02 · · Score: 1

    PATENTS are not really a personal battle.. To me and you they wont ever truly matter. If you develop something that is patentable. Be wary. Until then why bother.. Its a corporate war-fare thingy. Patnets are just being beaten to death here guys.. I am sick of hearing about them.. Its the same DISCUSSION every time you post a patent.. *sighs*

  121. Blame the Patent Office by evil_deceiver · · Score: 1

    IMO, the real problem lies with a patenting authority that allows people to patent ideas (which is essentially what an algorithm is). It's one thing to patent a specific and clearly distinguishable implementation of an idea, but quite another to say that so-and-so has the only right to an idea just because he got it through the patenting process before everyone else. I'm sure all of us have had some fantastic revelations that we later discovered were already passé. Me, I thought up solipsism and the radio LAN, then found out that someone else had beaten me to it, but does that make those ideas any less mine? Should I have any less right to pursue them to their conclusions because I was born later than someone else who also thought of them?

  122. There's another problem with software patents by Sloppy · · Score: 2

    Yes, we're all opposed to patenting the obvious (who isn't?) but there are other big problems with software patents that go far beyond obvious stuff.

    And the big one is this: software creation doesn't require much capital. It mainly just takes time. In spite of what some people say about "The Software Crisis" or whatever, programmers can be extremely productive. We consider that to be a Good Thing and one of the neat features of this industry. If you have a mind, you can actually create something useful fairly quickly.

    Software patents change all that. Every time you write a program or even part of a program, you may be violating dozens of patents and not even know it. Even non-obvious stuff is way too easy to independently invent.

    GM can afford to do a patent search on every moving part in their next years car model, but I sure as hell can't afford to do a patent search on every loop in my code. If I have to do that, then the rate that I have to bill would jump from $50 per hour to $5000 per hour. There goes the productivity. That is what makes software patents such a bad thing.


    ---
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  123. How is this off-topic? by Anonymous Coward · · Score: 0

    You moderators are on drugs. The fact that you don't agree with the sentiments doesn't mean you should moderate it down - that is the attitude of an infant.

  124. Relevant? by RatBastard · · Score: 1
    PageRank ensures that the most important, relevant pages always come up first and that your users will always find what they are looking for.

    Hah! Look up "mud wrestling" on Google. What do you see on the first page? "Vatican Mud Wrestling", a (really) short piece a few freinds and I did way back in college.

    I really doubt that most of the people referred by Google to my site are looking for what they find on my page.

    --
    Boobies never hurt anyone. - Sherry Glaser.
  125. More evil than the devil himself by Anonymous Coward · · Score: 0

    Try this search: More evil than the devil himself

    g00gle rocks!

  126. Google is not all that original! by Phrogman · · Score: 1

    There definitely is prior research on this concept. Google is nothing more than a reworking of the Hubs and Authorities concept discussed in the SA article. All they have done is settle on links and backlinks and surrounding text (the 50 characters on either side of the link I believe) as reliable sources of information.

    Google simply reiterates the same principal while focusing on the authorities pages rather than the hubs as far as I can see.

    Patenting an algorhythm is a rediculous concept and needs to be ended as a legal fiction. What would happen if Albert Einstein had patented his theories and formulas? Would every Nuclear powerplant in the world have to pay royalties to his estate?

    An algorhythm is just a mathematical formula and should be available to everyone freely.

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  127. Szilard and others held the patents. . . by werdna · · Score: 2

    Patenting an algorhythm is a rediculous concept and needs to be ended as a legal fiction. What would happen if Albert Einstein had patented his theories and formulas? Would every Nuclear powerplant in the world have to pay royalties to his estate?

    Actually, his colleague in Chicago, Szilard (sz?) held a bunch of the seminal patents relating to nuclear fission and associated technologies.

    And, in case you hadn't heard, every "Nuclear powerplant in the world" did pay many dollars in royalties, directly and indirectly, to patent holders in the underlying technologies during those patent terms.

  128. Understanding the Mathematical Algorithm Exception by werdna · · Score: 2

    I have seen dozens of postings in Slashdot recently along the following lines:

    Algorithms cannot be patented. No matter what you may think about that; that's the law. The idea that you can't patent an algorithm, but you can patent the concept of implementing that algorithm in software is simply absurd, and we won't get out of this mess until software patents are rejected.

    This is a wild overstatement of the law. While it is true that there exists a narrow class of abstract "mathematical algorithms" that are non-patentable per se, the more general statement about algorithms is clearly false. The term, "mathematical algorithm" as used by the courts is not the same as the term is used by "computer scientists," and refers only to claims directed to the most abstract account of a narrow class of mathematical algorithms. This issue has now been well-settled by the courts in Diamond v. Diehr, State Street Bank and the cases, and is no longer considered an open legal question (except, it would seem, on Slashdot).

    And even then, the application of an algorithm to a problem (whether in software or otherwise) can be patentable even though the algorithm itself might not be patentable. Indeed, an unobvious selection of a prior art algorithm to solve a particular problem can itself be patentable. The "mathematical algorithm" rule is no more a bar to patents on applications of a "mathematical algorithm" than the "law of nature" rule is a bar to patents on an apparatus that relies on the law of gravity. While it does still have force, the importance and practical import of this rule is still wildly overstated by opponents of software patents.

    If you wish to be an effective advocate for your cause, it is imperative that you learn what is, and what is not, the law so that you can criticize it intelligently.

    The modern standard is basically, "anything under the sun made by man." A patent claim directed to software is patentable, even if it recites a mathematical algorithm, if it constitutes a "practical application of a mathematical algorithm, . . . [by] produc[ing] 'a useful, concrete and tangible result.'" See AT&T Corp. v. Excel Communications, Inc., No. 98-1338 (Fed. Cir. Apr. 14, 1999).

  129. Re: Technology thieves. by Znork · · Score: 1

    An algorithm is not innovative. It is a discovery.

    Just because you are the first to depict a naturally occuring horse in a painting does it mean you should have the right to collect license fees from any other painter because they also depict a horse in a paining.

    Software is no different. It may be the _first_ time someone implements an algorithm, but algorithms exist outside of your implementing them even before you discover them.

  130. Patents necessary to defend against Microsoft, GPL by Brett+Glass · · Score: 1
    Software patents would not be as prevalent nor as necessary as they are today were it not for two factors: (1) The increased use of giveaways to undermine competitive products (e.g. Sun's giveaway of StarOffice to undermine Microsoft Office) and (2) The spread of the GPL.

    Suppose that you're a promising young programmer who really stands to make a contribution to the state of the art. You're good at developing new ways of doing things, and you deserve a reasonable reward for your honest, hard work.

    Unfortunately, you face two threats. First, large corporations -- Microsoft comes to mind but is by far not the only relevant example -- may copy your work. Via bundling, giveaways (e.g. Microsoft's "cut off their air supply" strategy which so effectively destroyed Netscape), and/or sheer mass, they use your own ideas to destroy your livelihood.

    The second threat comes from the GPL. If your products become pervasive, the ideologues who have bought into the notion that all software should be freely copyable and available at no charge will release GPLed software that provides the same function. As with Netscape, you cannot compete with free -- not even enough to maintain a workplace in which you and others can labor over future innovations.

    Worse still, a competitor may well sponsor the development of a GPLed product that competes with yours. This strategy has two advantages for the competitor. First, your funding for the development of competing products is sapped, so you're unlikely to be a threat in the future. Second, the competitor can skirt claims of predatory pricing and unfair competition by pointing to the nebulous and transient band of developers who wrote portions of the GPLed product. "It's not us," they'll say; "We only provided a little help. It's that ragtag bunch of programmers that did the deed."

    The only defense against all of these potential calamities is a strong software patent. I once opposed software patents, and I still believe that they last too long. However, I now recognize that, especially, they are necessary to prevent the GPL -- which was created specifically to destroy commercial developers -- from achieving its malicious and spiteful goals. (Yes, I know that not everyone who uses the GPL does so out of spite and malice, but its use furthers the same agenda nonetheless.) While we should fight overly broad and erroneously issued patents, we should be on the side of developers who have legitimately created something new. Otherwise, we will be steering rewards to the copycats, the marketers, and the already rich and powerful -- and away from those who deserve our thanks for advancing the state of the art.

    --Brett Glass

  131. Duh! by Anonymous Coward · · Score: 0
    You'd like to "hear RMS' take on the topic", eh. Well guess what, he plasters the word "copyright" all over his work. Do you know why? Its for his protection. Wow! Maybe Google would like to protect their work as well. All those months spent developing something unique to the web and that is genuinely useful, and all you can say is that other companies should be allowed to rip them off at will. And the fact that they hail from the same place as RMS has nothing to do with anything.

    Anyway, I agree with you on the last bit. America is going to be fucked cos of the stupid patent laws allowing software patents. Hahaha.

    1. Re:Duh! by Anonymous Coward · · Score: 0

      RMS doesn't like copyrights. He wants everyone to have the right to learn and derive from all works. Proprietary vendors use the copyright system to enforce licenses that take away those rights, so he at least needs to enforce a license whose sole purpose is to prevent doing that to his own works, and the copyright system is a solid and ironic way to do it. In a world without copyright, the GPL wouldn't stick, but we wouldn't need it.

  132. why now ? by serialk · · Score: 1

    why is this noticed just now ?

    how was this not noticed before ?

    why the big fuss over the other patents but with

    this no outcry ?

    1. Re:why now ? by Anonymous Coward · · Score: 0
      Most other patents haven't been noticed until the holder starts threatening innocent reinventors (there's a lesson here in how little progress they promote). We're lucky the Google goons called attention to their own.

      Relevant patents are very hard to find, and reading them is a real pain in the ass. Clearly we need some people with those specialized skills watching newly-minted patents and calling attention to the really flagrant ones. Is there some way we can set up a clearinghouse and convince at least the USPTO to send us everything they issue?

  133. Re:Patents necessary to defend against Microsoft, by Anonymous Coward · · Score: 0

    If people are willing to donate their labor to make certain software available, clearly civilization is better served by letting them do so than by allocating resources to you in return for work that didn't even satisfy those people.

    Your points are only "threats" if one does something stupid like proprietary development with an attempt to recover costs by wielding the exclusive right to charge per copy. This inappropriate model is a bad fit for information (where all the cost is up front, not per copy), rewards interfering with takeup of someone else's superior software, screws the consumer (who cannot get the software fixed or repurposed unless the authors cooperate), and cripples the profession (we're expected not to let each other learn from our work), and its decline comes not a moment too soon. Your promising young programmer should be paid for writing good code by the people who want to run it; he shouldn't expect to sit back and cash checks forever.

  134. Re: Corrections by Anonymous Coward · · Score: 0

    You want to be able to correct typos after posting? Right under the text box I'm typing in, it says:
    "Use the Preview Button!"

    Do it!

  135. Channel surfing with one button? by Lady+Kinbote · · Score: 1

    Ah, yes... Patents for banner ads.
    In my roamings for a free i-net provider (I'm cheap, so sue me), I ran across dotNow, who has professed freely (and quite proudly) to have notified "...Alta Vista, America Online, Microsoft, NetZero and others of software's pending patent rights to the methodology of ad-supported Internet access used in its dotNow! suite of free Internet services."
    Pardon me, but how is it possible to patent free internet service? Both television and radio function on the same premise of free services paid for in part by advertising, so they are certainly not the first company to have this idea, and certainly not the first company to tailor advertisements to the the individual consumer (other mail and internet services have already done so). So what makes this company think it has any right to a patent?
    Can you imagine how much television and radio would blow if the first stations had decided to patent the way they do business?
    Can you say "The remote control only has one button"?


    With a name like "Kinbote" how normal could I be?

    --
    Wet.Mosaic