Microsoft Copies Idea, Admits It, Then Patents It 333
An anonymous reader writes "BlueJ is a popular academic IDE which lets students have a visual programming interface. Microsoft copied the design in their 'Object Test Bench' feature in Visual Studio 2005 and even admitted it. Now, a patent application has come to light which patents the very same feature, blatantly ignoring prior art."
Is anybody really surprised by this? (Score:1, Informative)
*crickets chirping*
Yeah...me neither...
Ubuntu and the like are pretty close and things like Eclipse and RealBasic are giving people the tools to develop for the Linux platform easily. Hopefully it won't be long before people start moving the majority to Linux or OS X rather than the minority.
Patents and Perjury (Score:5, Informative)
Re:Sick Software "Patents" (Score:5, Informative)
How-to submit the reference: http://www.uspto.gov/web/offices/pac/mpep/documen
Link to the full transcipt (Score:4, Informative)
What, no link to the patent application? (Score:4, Informative)
(Posting AC = No karma whoring)
Re:Submit the prior art (Score:4, Informative)
Umm, no (at least in the USA.) Publishing a patent app after 18 months thwarts the well-known tactic of constantly amending your app so that it stays below the radar for years -- the submarine patent. People would file a patent app, delay its prosecution until a market developed, then get it approved and demand infringement damages from all the legitimate companies that had been working on the problem for years.
Re:Sick Software "Patents" (Score:2, Informative)
In British English corporations are referred to in the plural.
Re:Hard to defend (Score:3, Informative)
Re:Sick Software "Patents" (Score:5, Informative)
Re:Sick Software "Patents" (Score:3, Informative)
A lot of what Edison is credited with inventing was invented by someone else, but patented by Edison. There's the case of Tesla and the radio... it's an old scam.
Re:Microsoft is not a single entity (Score:4, Informative)
Your point?
Re:Antipatents? (Score:4, Informative)
This is also one reason why "defensive patents" are complete hokum. If a company really wanted to get a patent just to make sure no one else could, they would just file a SIR: it has all the same information, it gets searched by examiners, and it's a public record. But of course SIRs are actually very rare: it's so easy to get a patent that companies would rather get the patent 'just in case' they need to sue anyone later.
Re:Hard to defend (Score:2, Informative)
"Do I care? I don't care that they copied BlueJ - good on them, and good luck to them. But I care about attribution."
Microsoft allowing people free downloads of Visual Studio Express is all well and good (aside from the obvious arguments about locking people into their platform and software) except that it doesn't seem that these features taken from BlueJ don't seem to be part of the Express feature set:
"One final remark: this page [developpeur.org] seems to suggest that this new feature will be omitted from Visual Studio Express - exactly the VS version that is aimed at students!"
So their ideas only gain wider (unattributed) exposure through the commercial version of VS (I don't use VS, so can't confirm this personally).
Their motives seem to me to be about survival and not "big bucks from the big, rich nasty corporation".
Re:Sick Software "Patents" (Score:3, Informative)
The short answer: this is an example of "metonymic merging of grammatical number" [wikipedia.org]. Under certain conditions, a writer may use a collective noun that usually takes a singular verb form with a plural verb form to indicate that the individuals in the collective are active participants (as well as the collective as a group entity).
The longer answer requires an understanding of these points:
On the other hand, referring to a corporation or organization as a collection of individuals is correct in British english, and apparently in Canadian english. It is just one of those examples of how America, England, and Canada are separated by a common tongue.
Re:Sick Software "Patents" (Score:2, Informative)
Re:Sick Software "Patents" (Score:5, Informative)
* be found guilty of a crime
* be sentenced to pay restitution
* petition the government as a citizen
* not have their charter revoked by the state (killed)
and a host of other things. From my (admittedly limited) viewpoint of the subject I would consider that "practically indistinguishable" under our law.
Beware of Submitting Prior Art (Score:5, Informative)
If you do, and as is typical the patent office drops the ball and issues the patent, then that prior art is lost forever to you as an anti-patent defence, and cannot be used in a court case.
This is why companies rarely challenge inappropriate patent filings via the USPTO, and save prior art until they need it in a court of law to challenege enforcement of a bad patent, so they can have it argued by their own experts.
The system is broken in many ways, this is just one more.
Re:BUZZZTT Wrong! (Score:3, Informative)
Re:Sick Software "Patents" (Score:3, Informative)
Re:Sick Software "Patents" (Score:3, Informative)