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Comments: 135 +-   Microsoft Seeking Hot-Or-Not Patent on Sunday June 14 2009, @01:12AM

Posted by kdawson on Sunday June 14 2009, @01:12AM
from the getting-colder dept.
patents
microsoft
theodp writes "In its just-disclosed patent application for the Online Personal Appearance Advisor, Microsoft describes the 'invention' of its three Microsoft Research employees in these words: 'The contributor uploads self images for viewing and rating (or voting) by viewers who choose provide an opinion on different fashion and/or cosmetic looks of the contributor.' So what do you think — is Microsoft's invention really Hot or Not?"
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  • by acehole (174372) on Sunday June 14 2009, @01:27AM (#28324977) Homepage

    I hate sunlight, fresh air and physical activity. I'm pasty white and commonly sport cheeto stains on my shirt.

    Am I hot or not?

  • by jperl (1453911) on Sunday June 14 2009, @01:41AM (#28325019)
    Well Hot or Not is mainly about breasts and not about fashion. This is what might differ.
    • by syousef (465911) on Sunday June 14 2009, @01:44AM (#28325029) Journal

      Well Hot or Not is mainly about breasts and not about fashion. This is what might differ.

      Hot or not is mainly about sexual attraction and self esteem. What do you think fashion is about? Did you think that plunging neck line was fashionable because it didn't accentuate breasts?

    • Re: (Score:2, Insightful)

      by Anonymous Coward
      You're confusing Hot or Not with Rate My Rack [ratemyrack.com].
    • by kwiqsilver (585008) on Sunday June 14 2009, @02:20AM (#28325143)

      Well Hot or Not is mainly about breasts and not about fashion. This is what might differ.

      They're both about rating the visual aesthetics of a person. If a Hot-or-Not chick has a mullet and 'stache, she's going to get dinged no matter how top heavy she is.
      This is close enough that the site that was created a decade ago, without any input from Microsoft, should count as prior art.
      Hell, Miss America or every fashion magazine ever printed could be claimed as prior art. They look at images of people and rate the appearance. Just because MS uses computers to connect the people involved doesn't make it special.

      There's also the "non-obvious" requirement for a patent. This is blatantly obvious.

      That would be almost as lame as Apple patenting LCD technology and saying it's "new" because everybody else was using it on TVs and computer displays, but they're using it on phones and portable music players.

      Now if MS created an algorithm for the computer to do the rating, that would be the level of innovation the patent system was intended for.

      • The part that I thought might possibly be innovative (yeah, like I read more than the summary) would be if it did some complex image manipulations. Maybe it isn't just about rating the person's photo, but being able to alter their clothing, hair style, or makeup and then rating each change. If something like that is done well, I could see how it might qualify for a patent.
  • ...and rated not so hot by developers, developers, developers the world over!

  • by Jager Dave (1238106) <jagerdude69@@@yahoo...com> on Sunday June 14 2009, @01:42AM (#28325027)
    Does Microsoft realizes that nobody in their right mind is going to immediately switch to Win7 (if at all?)

    They're trying to secure as many patents that could potentially bring them some sort of income NOW, lest they go bankrupt in the future.

    The vagueness of this patent could easily cover someone's picture on Facebook if they said "Tell me how I look!", "What do you think of this makeup?", or "Do you think the pocket-protector goes with these pants?" Back off Microsoft - you're not IBM - leave the pointless patents to them...

    • Re: (Score:3, Interesting)

      by RLiegh (247921)

      Does Microsoft realizes that nobody in their right mind is going to immediately switch to Win7 (if at all?)

      What are you basing that off of? I've heard nothing but good things about Win7 (except in Linux circles, and even there I've seen positive reviews) and I haven't heard anyone say that they're going to skip it.

      Most people I've read have said the opposite, that they're skipping Vista in favor of waiting for Windows 7.

      • Re: (Score:2, Interesting)

        Mostly just knowing how people felt about Vista. Fool me once, shame on you - Fool me twice....ummm...dang, lemme get Bush on the phone to remember how this ended...

        Other than the brave, and IT professionals (on their own machines}, I feel people will WAIT to switch to Win7, until they see how it performs, and how many bugs/security holes are revealed in the first month or two... SO many people jumped on Vista before they realized it was a steaming pile of....code... Granted, -I- do not have that many p

        • Re: (Score:3, Interesting)

          by RLiegh (247921)

          I disagree, I think MS anticipated that and is using the Windows 7 release candidates to generate positive word of mouth -and if the forum posts I've read are any indication, it's probably going to work out pretty well for them. Most of the people I've seen say anything good about it have been non-IT types.

          If they screw up the pricing (which seems likely) then they'll end up losing ground (probably to MacOS). I think if people end up skipping Windows 7 it will be because of price, not because of the OS itse

        • I feel people will WAIT to switch to Win7, until they see how it performs, and how many bugs/security holes are revealed in the first month or two...

          I think MOST people will have no idea what windows 7 is, and will just go with whatever comes pre-installed on their computer.

        • by hairyfeet (841228) <bassbeast1968.gmail@com> on Sunday June 14 2009, @04:37AM (#28325467)

          I've been telling my customers to wait until Win7 SP1, preferably SP2. Most have had me build them new XP machines with easy expandability so they can sit out Win7 if it turns out to be another Vista turkey. I personally used some of my profits to build a new AMD that will go up to quad Phenom II and 32Gb of RAM so I can hang onto XP X64 and ride out Win7 if it turns out to be a turkey.

          So while I have been hearing lots of good things about Win7, I also remember all the good things I heard about pre release Vista. And never underestimate the "if it ain't broke, don't fix it" mindset either. The new Vista driver model broke a whole lot of apps, and I kinda doubt that Win7 will make that situation any better. After switching to XP X64 I personally have no desire to switch to Win7. I have tons of RAM, all my apps work, everything just runs smooth, so why switch?

          I'll wait until SP2 when the bugs have been worked out like I did with Win2k to WinXP SP2. Let some other sucker be the beta tester. Me and my customers (most of whom aren't even using 2Gb of RAM in XP, so I doubt the 32bit RAM limit will be a problem) will wait until SP2. And talking with some of my friends running corporate networks many have adopted the same attitude. XP is easy to lock down with GPO, all the apps they need work, and XP will be supported until 2014. Most have site licenses so they can run what they want, so why deal with all the headaches of switching? By the time Win7 SP2 rolls out we will see most of the bugs squished, most of the problems with needing to install apps as an admin will hopefully be gone, and the users are quite happy with their XP machines. So I think in this case a wait and see approach is probably the most prudent one to take.

          • I've been telling my customers to wait until Win7 SP1, preferably SP2. Most have had me build them new XP machines with easy expandability so they can sit out Win7 if it turns out to be another Vista turkey.

            You mean, if it generally works well and efficiently? Or do you mean if it results in few complaints from those that know nothing of computers?

            For all the whining and bitching about Vista, a contest between Vista and XP tends to be a non-starter when Vista creams XP in pretty much every way, including performance. Vista may not be as fast running at peak speed, but it doesn't bog down the way that XP and previous did when hard disk intensive tasks came up.

          • Re: (Score:3, Insightful)

            by LoverOfJoy (820058)
            The problem with telling people to wait is that there's a certain number that have already waited quite a bit. Even aside from new operating systems and service packs you'll always get a better computer for your $x00.00 if you buy a few months from now than if you buy now. Computer components keep improving and prices keep going down. But sooner or later the buyer has to bite the bullet and decide to act on a given sale.

            I think there's a certain significant number of people who feel they are ready for an
          • by toby (759) *

            just tell your customers to unhitch their wagon from Microsoft, which is heading ever-faster toward a cliff.

            It's not as if there are no better alternatives.

      • Re: (Score:3, Interesting)

        by FireFury03 (653718)

        Does Microsoft realizes that nobody in their right mind is going to immediately switch to Win7 (if at all?)

        What are you basing that off of? I've heard nothing but good things about Win7 (except in Linux circles, and even there I've seen positive reviews) and I haven't heard anyone say that they're going to skip it.

        Microsoft is suffering from the fact that for most people, XP is "good enough" (incidentally, this is probably one of the factors stopping many people from considering a switch to Linux too). I'm sure that MS will sell Windows 7 to OEMs to be shipped on new PCs - there probably won't be as much resistance as Vista saw, but unlike many of the previous Windows releases, most XP users generally seem to be pretty happy with the status quo to I'm not really expecting to see huge numbers of people flock to the s

        • by Dogtanian (588974) on Sunday June 14 2009, @07:40AM (#28325929) Homepage

          I'm sure that MS will sell Windows 7 to OEMs to be shipped on new PCs - there probably won't be as much resistance as Vista saw

          (Which I'm taking to mean that you think most people will be mostly happy to keep Windows 7 on new systems).

          but unlike many of the previous Windows releases, most XP users generally seem to be pretty happy with the status quo to I'm not really expecting to see huge numbers of people flock to the shops to buy upgrades for their existing systems.

          That may be a red herring then; as far as I'm aware, the majority of new OS installations nowadays occur on new computers rather then existing systems. In other words, most people get the new OS when it's installed on a new computer (doing all their "upgrades" in one go by buying a new computer).

          So if it's offered on the new computer and they're happy (enough) with that, then Windows 7 will eventually be a success.

          • That may be a red herring then; as far as I'm aware, the majority of new OS installations nowadays occur on new computers rather then existing systems. In other words, most people get the new OS when it's installed on a new computer (doing all their "upgrades" in one go by buying a new computer).

            You mean, doing all their "system repairs" in one go by buying a new computer. I got an Athlon 64 X2 4000 system with a 22" LCD for $120 (!) because some lady didn't want to deal with getting it fixed. She bought a new PC. XP's days are numbered. The best part for Microsoft is that they don't even have to pay anyone, all they have to do is fail to fix security issues in XP and the botnet owners will drive people right into their arms.

    • by symbolset (646467) on Sunday June 14 2009, @01:53AM (#28325067) Journal

      Y'know they're filing shotgun patents all over the place. They remind me of a marketing geek who accidentally got reassigned to engineering once. Previously I had helped him design an air duct that put cool air where we needed it. When a subsequent design eliminated the need for the duct, he said "That's an important piece. We have intellectual property on that."

      Without blinking I told him "The Romans had prior art. It's redundant, and out it goes."

    • That's right. If MS gets this patent it'll never be implemented as GPL software. Hopefully, IBM will *buy* MS for a pittance and merge it into a small division in Iceland somewhere, someday.
    • It seems more like a queer eye for the geek guy type thing.

      • Re: (Score:2, Insightful)

        by symbolset (646467)

        Microsoft makes some products that include a great deal of utility. If their products contained less vulnerability, they would be interesting. As it sits though, unless you have some need they serve that's worth hooking into the abusive relationship they insist on with their customers, it's best to go with something else.

        And yes, what we've seen of W7 doesn't look as bad as Vista. Until we see the product they release though, we know nothing. Often they've screwed the pooch at the last moment.

        • unless you have some need they serve that's worth hooking into the abusive relationship they insist on with their customers, it's best to go with something else.

          The kicker here is that the "something else" is basically Linux, BSD, etc. - Apple seem to be more abusive to their customers than MS these days.

  • I'm having a very hard time seeing how this is not obvious.

    • by jo42 (227475)

      Well, they got a trademark on "Windows", so getting a patent on "voting" or "opining" is a next step...

      • Well, they got a trademark on "Windows"

        Citation please, MS does not have a trademark on that, never did, never even tried. They do however have a trademark on "Microsoft Windows." And other names like "Microsoft Windows XP."

  • by redkcir (1431605) on Sunday June 14 2009, @02:05AM (#28325103)
    Like anyone in their right mind would take the advice from MS on fashion issues. They have a hard enough time trying to keep their OS running and that's their main job. If they can't do that I hardly think their fashion advice will be any better.
  • by xianthax (963773) on Sunday June 14 2009, @02:10AM (#28325113)

    I always preferred the approach of howmanywouldittake.com (now defunct)...

    always seemed so much more realistic to rate attractiveness by required level of intoxication than some artificial 0-10 scale

  • out of touch (Score:5, Insightful)

    by speedtux (1307149) on Sunday June 14 2009, @02:56AM (#28325209)

    I think a lot of these bogus patent filings from Microsoft simply show that the people at Microsoft have not the slightest idea of what is going on in the real world. Microsoft is designing software for the last century. Even Bing is merely a Google clone.

    • Yeah, but at least they could find a simple, distinctive, descriptive name for their search engine that isn't trademarked. I never would have thought of "bing" as a name for anything except while, um, cooking. You, know, like bada bing, bada boom [urbandictionary.com].
  • Microsoft has passed the age of being Hot a long time ago, so this seems to be a feeble attempt to make money out of everyone else that's classed as hot.

  • by sogon (1222604) on Sunday June 14 2009, @04:21AM (#28325429)

    Microsoft Employees get a $2500 bonus for every patent. They don't have to write it either, The patent lawyer does.
    All you do is describe the idea and give any pertinent documentation and someone else converts it to a patent.

    I have a few MS patents under my belt when I worked there.

      • here's one my employer successfully filed : "A method for remotely administrating a computer by installing a web-server implementing a web form into which the sysadmin enters the commands to be executed using the web browser on her workstation" ...... oh please.

        I think Webmin completely obliterates that one when it comes to prior art. How on earth did it ever get approved? have they got monkeys in the patent office just blindly punching approve/disapprove buttons?

  • by Theaetetus (590071) <danrose@@@gmail...com> on Sunday June 14 2009, @10:39AM (#28326763) Homepage Journal
    I haven't read the full application, but just a clarification: Microsoft isn't completely out of touch. The background of the application - also known as Applicant Disclosed Prior Art - includes a description of Hot or Not:

    [0003]A variation on this model is also applied to rating websites where users can rate other on physical appearance, pets, personality and other user traits and attributes. In voting sites, typically, it is a general purpose question posed to viewers, and once the viewers have answered the question they tend to leave the website to do something else. In other rating websites, when viewers have rated an image, the viewers are presented with a seemingly endless series of other images to be rated or voted on, the purpose of which is to generate a flow experience so the viewers will stay at the website to continue participating. This process can generate revenue for advertisers by presenting advertisements while the viewers are voting. Moreover, there is a fascination with anonymously critiquing the appearance of another person.

    So, Microsoft is claiming this invention does something more than that. Now, l haven't read it, so I can't comment further, but the discussion should be "what's the supposed improvement", not "zomg Microsoft has never heard of Hot or Not!"

    • HOT (Score:2, Funny)

      by Anonymous Coward

      I vote that news "HOT".

      • by wisty (1335733)

        Microsoft's innovation is that it allows you to give reasons for rating, right? Perhaps it runs of slashcode.

        • Re: (Score:2, Interesting)

          Microsoft's innovation is that it allows you to give reasons for rating, right? Perhaps it runs of slashcode.

          but did they think to add a (-1 I disagree) option...
          because, such an innovation would be incredibly new and very patent worthy....definitely not derivative of whats been going on here for 10 years...

    • Re:In other news (Score:5, Interesting)

      by wisty (1335733) on Sunday June 14 2009, @02:48AM (#28325195)

      In other news... there's a revolution [fark.com] going on in Iran and it's turned violent [youtube.com].

      But that's not Stuff That Matters, so yeah, let's talk about Microsoft's stupid patent applications because that's News For Nerds.

      Intellectual property is a serious point of discussion. China's monopoly on tea and silk caused empires to rise and fall.

      If patents go to far, they can completely destroy the incentive people have to innovate, as all their innovations will be reliant on other patented processes. If Yahoo had owned a patent on internet search, then Google would never have had a chance to monetize Pagerank. But Yahoo would never have gotten so far, because previous companies would have patented the technology Yahoo used.

      The medieval guilds arrested a lot of development, by guarding their secret knowledge. The Masons were not powerful because of their political connections, they had political connections because they simply knew how to build stone buildings. Sure, they had earned that knowledge from previous Masons, but the process of knowledge transfer was so opaque that corruption and inefficiencies were bound to creep in.

      The printing press destroyed the monopolies of the guilds, because their knowledge could be cheaply and efficiently disseminated. Open source, the FSF, Wikipedia and other open movements are furthering this movement.

      But patents are a way for the establishment to fight back, and try to create an environment in which they can reap more profits than a free market would allow.

      So yes, it is Stuff That Matters.

    • In other news, which is offtopic here... oh wait, let's just stop there.

      Slashdot is news for nerds. If we want news for everyone, we know where to look. Thanks.

    • Re: (Score:2, Funny)

      by Anonymous Coward

      Microsoft can suck my nasty balls.

      +10, Hot!

      • by radtea (464814)

        Keep in mind, this is not about a patent - it is a patent application.

        And the summary doesn't even tell us what's being claimed, which is the only thing that matters in a patent application.

        The first few claims actually read: "1. A computer-implemented system, comprising:a presentation component for receiving and presenting media of a contributor, the media associated with personal appearance information; and a voting component for receiving a vote generated by a viewer selecting one of the media and prese

    • Doesn't matter.

      If you pay off the right people, you can do anything. Including get a bullshit patent.

A great many people think they are thinking when they are merely rearranging their prejudices. -- William James