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Q: Stupidiest software patents

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Kari Laine

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Jan 12, 2011, 9:23:31 AM1/12/11
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Hi,

in my paper I will have a stab at software patents, and this IP mania
and cross licensing of which Open Source is not much(if any - OIN?) part of.

i would need examples for stupid software patents, preferably from
Microsoft. I have limited space but 3-5 will certainly fit in. I am
consulting Google but if someone without much work can refer to a juicy
one - appreciated.

Best Regards
Kari

Homer

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Jan 12, 2011, 10:39:41 AM1/12/11
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Verily I say unto thee, that Kari Laine spake thusly:

>
> in my paper I will have a stab at software patents, and this IP mania
> and cross licensing of which Open Source is not much(if any - OIN?)
> part of.
>
> i would need examples for stupid software patents, preferably from
> Microsoft.

Here's a couple of more recent ones, off the top of my head:

[quote]
Lordy, lordy, lordy. They have no shame. It appears that Microsoft has
just patented sudo, a personalized version of it.

Here it is, patent number7617530. Thanks, USPTO, for giving Microsoft,
which is already a monopoly, a monopoly on something that's been in use
since 1980 and wasn't invented by Microsoft. Here's Wikipedia's
description of sudo, which you can meaningfully compare to Microsoft's
description of its "invention".

This is why what the US Supreme Court does about software patents means
so much. Hopefully they will address the topic in their decision on
Bilski. Sudo is an integral part of the functioning of GNU/Linux
systems, and you use it in Mac OSX also. Maybe the Supreme Court doesn't
know that, and maybe the USPTO didn't realize it. But do you believe
Microsoft knows it?
[/quote]

http://www.groklaw.net/article.php?story=20091111094923390


[quote]
You have to appreciate that Microsoft pays attention to what may be
rather trivial products and slaps a patent on them. In this latest wave
of approved patents – the U.S. Patent and Trademark office granted 35
Microsoft patents to Microsoft today – is the right to claim the
‘record’ button.

In case you have no idea what a record button really is, Microsoft tells
us that “a record button [is a device] that facilitates audiovisual
input into a computer system without requiring manual interaction
(direct manipulation interaction) with software.
[/quote]

http://www.conceivablytech.com/3869/products/microsoft-patents-the-record-button/


And this one, using IP Innovation LLC as a proxy:

[quote]
IP Innovation LLC has just filed a patent infringement claim against Red
Hat and Novell. It was filed October 9, case no. 2:2007cv00447, IP
Innovation, LLC et al v. Red Hat Inc. et al, in Texas. Where else? The
patent troll magnet state.

The first ever patent infringement litigation involving Linux. Here's
the patent, for those who can look at it without risk. If in doubt,
don't. Here's the complaint [PDF].

And now let's play, where's Microsoft? You know, like where's Waldo?
Betcha he's in the tree's leaves somewhere if we look close enough. We
had our first hint when Steve Ballmer said in his speech the other day
that he figured other folks besides Microsoft would want Red Hat and
FOSS to pay them for their patents. Remember? Is he a prophet or merely
well informed? Or is there more to this? When I lay out all the
research, you can decide.

The plaintiff is asking for an injunction, along with damages:

Plaintiffs IP Innovation and Technology Licensing Corp. claim to
have the rights to U.S. Patent No. 5,072,412 for a User Interface
with Multiple Workspaces for Sharing Display System Objects issued Dec.
10, 1991 along with two other similar patents.

...

So in July one Microsoft executive arrives; then as of October 1, there
is the second, a patent guy. October 9, IP Innovation, a subsidiary,
sues Red Hat. And Novell. So much for being Microsoft's little buddy.
[/quote]

http://www.groklaw.net/articlebasic.php?story=20071011205044141

IP Innovation LLC subsequently lost on the grounds that their
"invention" was actually prior art, in use in the 1980s on the
Commodore Amiga:

[quote]
I know the first thing you wanted to know after you heard that Red Hat
and Novell had prevailed and the jury had found that IP Innovation's
patents were worthless was this: did we at Groklaw help when we did
prior art searching?

The answer is, Yes. It turns out that you did.

...

Let's get back to our Amiga story, though. Many of you responded to the
call for prior art. Some of you posted the need locally too, in your LUG
or ALE lists, so the word spread. One such posting resulted in someone
coming forward with a *working* Amiga, believe it or not, which he had
carefully restored and gotten it going again. That Amiga went to court,
and it was used to demonstrate to the jury that the Amiga represented
prior art.
[/quote]

http://www.groklaw.net/articlebasic.php?story=20100513121121635


99% of today's claims to "invention" are blatant lies, and the remaining
1% are only half-truths. But then gluttonous and frivolous opportunism
was the inevitable result of granting the unnatural privilege of
monopoly on knowledge.

--
K. | Ancient Chinese Proverb:
http://slated.org | "The road to Hell is paved with
Fedora 8 (Werewolf) on sky | ignorant twits who know nothing
kernel 2.6.31.5, up 18 days | about GNU/Linux."

Kari Laine

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Jan 12, 2011, 3:32:48 PM1/12/11
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Hi Homer,

thanks a lot for good info!

I also personally think that prior art is going to be very important
tool. Think about how many "inventions", which were made in computer pre
and not so pre history can be used with some modifications to get a
patent, just because they are not in the active memory any more.

I have still to familiarize myself to OIN - Open Innovation Network.
Some info there were dated so I am wondering are they still active?
They seem to be endorsed by Linux Foundation(which, I gather pays the
salary of Linus Torvalds.

On those pages I found an link where whoever can feed info to patent
examiners concerning patents they are currently evaluating. That sounds
good channel.

Best Regards
Kari

Clog___wog (®)

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Jan 12, 2011, 4:11:44 PM1/12/11
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"Kari Laine" <kla...@gmail.com> schreef in bericht
news:XsCdnVhlvcdskrPQ...@giganews.com...

> Hi Homer,
>
> thanks a lot for good info!
>
> I also personally think that prior art is going to be very important
> tool. Think about how many "inventions", which were made in computer pre
> and not so pre history can be used with some modifications to get a
> patent, just because they are not in the active memory any more.
>
> I have still to familiarize myself to OIN - Open Innovation Network.
> Some info there were dated so I am wondering are they still active?
> They seem to be endorsed by Linux Foundation(which, I gather pays the
> salary of Linus Torvalds.

Rumours go that "the Vole" pays him indirectly via "Gold Member" Novell! ;-)

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