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USPTO Issues Provisional Storyline Patent

Posted by CowboyNeal on Thu Nov 03, 2005 11:28 PM
from the thought-of-that-first dept.
cheesedog writes "The USPTO will issue the first storyline patent in history today, with two others following in the next few months. Right to Create points out that this was anticipated several months ago in a story by Richard Stallman published in the The Guardian, UK. With the publication of this not-yet-granted patent, its author can begin requiring licensing fees for anyone whose activities might fall within its claims, including book authors, movie studies, television studios and broadcasters, etc. The claims appear to cover the literary elements of a story involving an ambitious high school student who applies for entrance to MIT and prays to remain sleeping until the acceptance letter comes, which doesn't happen for another 30 years."
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  • USPTO Broken (Score:5, Funny)

    by TheSpoom (715771) * on Thursday November 03 2005, @11:29PM (#13947758)
    (http://www.uberm00.net/ | Last Journal: Monday January 19 2004, @09:27PM)
    RMS: If patent law had been applied to novels in the 1880s, great books would not have been written.

    USPTO: Ooh, good idea!

    Seriously, the US patent system is very broken, and it appears they are moving in a direction to expand, rather than contract, the amount of things that are patentable. They clearly have no care for whether the patents they grant are stifling innovation. Action is needed to reverse this, but I doubt we'll see it while Bush is still in power.
    • Re:USPTO Broken by Senes (Score:1) Thursday November 03 2005, @11:36PM
      • Re:USPTO Broken (Score:5, Insightful)

        by Guspaz (556486) on Thursday November 03 2005, @11:54PM (#13947886)
        (http://novasearch.net/)
        You think that's bad, wait until you realize that this means that books written outside the US will be banned inside the US because the represent patent infringement.

        The US is going to start banning books

        I wonder how they're going to dispose of confiscated books, hmm? Perhaps burning them would be an efficient and effective way to destroy them.

        Yes, of course, the US must confiscate and burn all banned books! Because this is what capitalistic democracies do to protect their citizens.

        How many rights does a democracy have to curtail or eliminate before it ceases to be a democracy?

        Think I'm overreacting? Then think of all the rediculous things that software patents have allowed and then apply that to BOOKS.
        [ Parent ]
        • Re:USPTO Broken (Score:5, Funny)

          by evilbuny (553280) <duane@@@e164...org> on Friday November 04 2005, @12:23AM (#13948020)
          (http://www.e164.org/)
          At least porn will be safe, there is no story lines in those :)
          [ Parent ]
        • Re:USPTO Broken by Anonymous Coward (Score:2) Friday November 04 2005, @12:32AM
        • Re:USPTO Broken by darkera (Score:2) Friday November 04 2005, @12:55AM
        • Re:USPTO Broken by thej1nx (Score:3) Friday November 04 2005, @01:05AM
        • Re:USPTO Broken by GotenXiao (Score:2) Friday November 04 2005, @02:44AM
          • Re:USPTO Broken (Score:5, Interesting)

            by Jonner (189691) on Friday November 04 2005, @05:04AM (#13948769)
            By referring to the "the US' banned books list," you imply that the Federal government has a master list of books that are disallowed in the the United States. However, it's really a list of books that have been removed in very specific, local contexts, usually school libraries. If the US patents on storylines were enforced, it would be much more repressive than any current banning.
            [ Parent ]
        • Re:USPTO Broken by LParks (Score:2) Friday November 04 2005, @03:35AM
        • Re:USPTO Broken by Tarwn (Score:2) Friday November 04 2005, @06:51AM
        • Re:USPTO Broken (Score:5, Insightful)

          by Anonymous Coward on Friday November 04 2005, @06:59AM (#13948995)
          How many rights does a democracy have to curtail or eliminate before it ceases to be a democracy?

          Wait a second... Since when does democracy (or majority rule, or representative rule) imply individual rights?

          Democracy is simply the modern justification for power (the "right" to initiate force as a means to an end). Democracy does not, in any way, remove the element of power from government. 500 years ago, rulers justified themselves by claiming they were following god's orders. Today, rulers justify themselves by claiming they are following the majority's orders. Even when they are, does it really justify coercion? Don't be afraid to ask that question.

          Democracy is still government, and government is still founded on the principle of coercion. Democracy, monarchy, republic, tyranny... the core principle of any government is identical. Government is defined by its unique "right" to initiate force as a means to an end; anyone else who does so is a criminal. How they achieved that "right" is simply irrelevant to the definition of government.

          Democracy is not immune to oppression. It is still impossible to curtail power. If power could be contained, then it wouldn't be power, would it? How can the "right" to initiate force possibly be contained? Only by eliminating it -- and that is not going to happen any time soon.

          Personally, I say the type of government doesn't matter worth a damn; what matters is the level of respect a government has for individual freedom. If a society is more free living under the rule of a monarchy than the rule of a democracy, then I say the monarchy is more ethical and just, and you're damn right I'd rather live there.

          [ Parent ]
        • Re:USPTO Broken by miskatonic alumnus (Score:2) Friday November 04 2005, @09:49AM
        • Re:USPTO Broken by ChiefPilot (Score:1) Friday November 04 2005, @11:02AM
        • Re:USPTO Broken by vinn01 (Score:1) Friday November 04 2005, @12:34PM
        • Re:USPTO Broken by Maltheus (Score:1) Friday November 04 2005, @05:12PM
        • Re:USPTO Broken by strikethree (Score:1) Friday November 04 2005, @07:35PM
        • Re:USPTO Broken by Guspaz (Score:2) Friday November 04 2005, @03:37PM
        • 6 replies beneath your current threshold.
      • Re:USPTO Broken by HanzoSpam (Score:3) Friday November 04 2005, @02:16AM
      • Re:USPTO Broken by Infirmo (Score:1) Friday November 04 2005, @03:42AM
      • Re:USPTO Broken by laughingcoyote (Score:2) Friday November 04 2005, @05:34AM
    • Wait, Slashdot sensationalism alert. by Anonymous Coward (Score:2) Thursday November 03 2005, @11:37PM
    • Re:USPTO Broken by Spacejock (Score:2) Friday November 04 2005, @12:00AM
      • Re:USPTO Broken (Score:5, Funny)

        by $RANDOMLUSER (804576) on Friday November 04 2005, @12:05AM (#13947941)
        > Can you imagine anyone scanning umpteen zillion unpublished short stories and novels for prior art? Whew.

        Oh puhleeese. These bozos (the USPTO) couldn't find prior art if somebody filed a patent for fire fer chrissake.

        [ Parent ]
        • Re:USPTO Broken by thephotoman (Score:3) Friday November 04 2005, @12:32AM
        • Hey ... (Score:4, Insightful)

          by ggvaidya (747058) on Friday November 04 2005, @03:18AM (#13948530)
          (http://www.ggvaidya.com/ | Last Journal: Sunday July 16 2006, @11:28PM)
          Could be worse [bbc.co.uk].
          [ Parent ]
          • Re:Hey ... (Score:4, Funny)

            by julesh (229690) on Friday November 04 2005, @05:43AM (#13948854)
            "To obtain the patent [on a wheel] the applicant must make a declaration that they are the inventor."

            Haven't these guys ever heard of reinventing the wheel? Sheesh.
            [ Parent ]
          • Burden by Trinition (Score:2) Saturday November 05 2005, @10:31AM
        • Re:USPTO Broken (Score:4, Insightful)

          by techiemac (118313) <techiemac&yahoo,com> on Friday November 04 2005, @08:18AM (#13949228)
          There never was a prior art search.
          First of all lets clairify what a provisional patent is... It's not a patent and does not hold the same teeth as a patent does. Simply put, it gives you the right to put Patent Pending on some technology that you are developing. In addition, if you apply for a patent in a years time from time of the filing of the provisional patent, the effective date of the patent (assuming it's approved... not all patents are) is the date of provisional patent filing. Oh, the date of provisional patent filing is the date you drop it off at the post office and send it via registered mail.
          So, today you could write up a provisional patent document (not as formal as an actual patent application but it helps to keep it formal if you are going after the patent), enclose a check for $100.00 if you are an individual, send it via registered mail (not fedex, ups, but usps) and BAM, Patent Pending.
          It doesn't mean you are going to get the patent. It's meant for smaller inventors to potentially apply for patents and decide if they want to invest the $10,000 it typically takes to possibly get a patent. The gives you protection of prior art no matter what so some company can't patent the technology even if you decide not to pursue a patent (as the provisional patent application counts as prior art and assuming the technology is "new and novel"). If you do decide to pursue a patent the effective date of the patent is the date you sent it via registered mail.
          [ Parent ]
      • Re:USPTO Broken by mink (Score:1) Friday November 04 2005, @03:16PM
      • 1 reply beneath your current threshold.
    • Re:USPTO Broken (Score:5, Insightful)

      by CosmeticLobotamy (155360) on Friday November 04 2005, @12:08AM (#13947959)
      Action is needed to reverse this, but I doubt we'll see it while Bush is still in power.

      I'm not a Bush fan in the slightest, but I don't see it being the kind of thing a Democrat president would give a crap about, either. Whoever is president when some ridiculously hyped movie gets its opening delayed by litigation will be the president to fight it.
      [ Parent ]
      • Re:USPTO Broken by RootsLINUX (Score:3) Friday November 04 2005, @02:22AM
      • Blame the voters. (Score:5, Funny)

        >> Action is needed to reverse this, but I doubt we'll
        >> see it while Bush is still in power.
        >
        > I'm not a Bush fan in the slightest, but I don't see it
        > being the kind of thing a Democrat president would give
        > a crap about, either.

        So long, and thanks for all the fish — Douglas Adams:

        "On its world, the people are people. The leaders are lizards. The people hate the lizards and the lizards rule the people."

        "Odd," said Arthur, "I thought you said it was a democracy."

        "I did," said ford. "It is."

        "So," said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't the people get rid of the lizards?"

        "It honestly doesn't occur to them," said Ford. "They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates to the government they want."

        "You mean they actually vote for the lizards?"

        "Oh yes," said Ford with a shrug, "of course."

        "But," said Arthur, going for the big one again, "why?"

        "Because if they didn't vote for a lizard," said Ford, "the wrong lizard might get in."

        [ Parent ]
      • Re:USPTO Broken by hey! (Score:2) Friday November 04 2005, @09:10AM
    • Re:USPTO Broken by Liam Slider (Score:2) Friday November 04 2005, @12:41AM
      • Re:USPTO Broken by Master of Transhuman (Score:2) Friday November 04 2005, @01:02AM
      • Re:USPTO Broken by PGillingwater (Score:1) Friday November 04 2005, @03:34AM
      • Re:USPTO Broken by Fred_A (Score:2) Friday November 04 2005, @06:44AM
      • Re:USPTO Broken by Wellspring (Score:2) Friday November 04 2005, @10:19AM
    • Re:USPTO Broken (Score:4, Interesting)

      by happyemoticon (543015) on Friday November 04 2005, @12:57AM (#13948163)
      (http://www.wavenger.com/)

      I'm going to go back to Jonathan Swift here, in Gulliver's Travels. He claimed that the Yahoos, who were these little dirty, simian versions of humans with no intellect and nothing but greed, hatred, disease and guile, had lawyers. One yahoo found a shiny rock. Another yahoo came and tried to take it away from him. Struggle insues. 3rd yahoo comes in and takes it away from both of them (that's the lawyer).

      Swift would've positively loved this one.

      But anyway, I have to get in a cursory rant about what an apocalyptic crime this is. Feel free to ignore it, i'm sure it'll just be repeated several thousand times over. Now, it's not the fact that a patent may or may not be valid (i.e., conforming to the rules of a sadistic, flawed game), it's the fact that still more needless litigation is being introduced into a system that is already frought with friction. That friction favors the powers that be and makes sure that nothing truly creative ever happens again in the United States. If this shit is allowed to continue, you will never see another dirt-poor writer making it to fame, or another hacker in a basement cooking up the next revolution in technology.

      [ Parent ]
    • Re:USPTO Broken (Score:4, Insightful)

      by FFFish (7567) on Friday November 04 2005, @01:26AM (#13948269)
      (http://slashdot.org/)
      Maybe the USPTO is saying "Ooh, good idea!" because it is purposefully committing suicide?

      I mean, that's a weird idea, but it seems to me that they're basically forcing the government to deal with the problem. Surely any halfway intelligent person can see that this system just isn't working
      [ Parent ]
      • Re:USPTO Broken (Score:5, Insightful)

        You might be on to something there. It would not be the first time that people do exactly what they are told to do even though they know it's stupid in order to highlight that stupidity. Frequently, trying to explain to those in power that they are wielding their power wrongly just does not work; they need to see the consequences of their actions before they realise they have made a mistake.

        Very insightful.
        [ Parent ]
      • Re:USPTO Broken by ObsessiveMathsFreak (Score:2) Friday November 04 2005, @07:53AM
      • Re:USPTO Broken by ATMAvatar (Score:2) Friday November 04 2005, @08:38AM
      • Sane by Tony (Score:3) Friday November 04 2005, @11:23AM
      • 1 reply beneath your current threshold.
    • Re:USPTO Broken by the_hellspawn (Score:1) Friday November 04 2005, @02:22AM
      • 1 reply beneath your current threshold.
    • Re:USPTO Broken by ScentCone (Score:3) Friday November 04 2005, @08:04AM
    • Incorporation of existing patented 'stories by dlaur (Score:1) Friday November 04 2005, @10:09AM
    • Misleading header and confusion by TheOnyxRocket (Score:2) Friday November 04 2005, @11:54AM
    • Re:USPTO Broken by dswan69 (Score:2) Friday November 04 2005, @12:24PM
    • Re:USPTO Broken by trezor (Score:3) Friday November 04 2005, @08:18AM
    • 4 replies beneath your current threshold.
  • Reality TV (Score:5, Funny)

    by nitehawk214 (222219) on Thursday November 03 2005, @11:31PM (#13947764)
    Hopefully someone will patent reality TV shows. I am rather sick of those.

    Wait no, this wont work. You need to have a story to be able to patent it. Soon all that will be on the air is reality TV. Noooo!
    • Re:Reality TV by KnightTristan (Score:1) Friday November 04 2005, @05:29AM
    • Re:Reality TV by julesh (Score:3) Friday November 04 2005, @05:45AM
      • Re:Reality TV by nitehawk214 (Score:1) Friday November 04 2005, @06:25PM
    • 1 reply beneath your current threshold.
  • by Maradine (194191) * on Thursday November 03 2005, @11:32PM (#13947767)
    (http://www.trustedworlds.net/)
    Claim 1: a communication process that represents, in the mind of a reader, the concept of a character who is so shocked and enraged by the concept of patenting a storyline, that he "snaps" (see USPTO #12006213391)

    Claim 2: a communication process according to claim 1, wherein said character subsequently goes to his bedroom, where he keeps a loaded Glock 32C, and racks the slide.

    Claim 3: a communication process according to claims 1 and 2, wherein said character subsequently flies to DC and unloads his plastic fantasic on an unsuspecting USPTO in a singlular act of biblical fury.

    Claim 4: a communication process according to claims 1 2, and 3, wherein said character subsequently returns to his hometown and has a slurpy, cosmic justice being served.
  • You aint seen nothing yet (Score:3, Interesting)

    by aussie_a (778472) on Thursday November 03 2005, @11:33PM (#13947772)
    (Last Journal: Friday February 11 2005, @04:09AM)
    So y'all thought software patents were evil incarnate. Well it was only a matter of time until someone came along and made them look reasonable. And here it is.

    This is so fucking depressing. Do Australians have to honour this patent within Australia? Did the government fuck us over with a treaty that makes it so any of our work falls under this god-forsaken piece of shit?
    • Re:You aint seen nothing yet (Score:5, Funny)

      by patio11 (857072) on Thursday November 03 2005, @11:52PM (#13947875)
      On behalf of all Americans, I apologize if our screwy patent office has deprived Aussies of their God-given liberty to write bad novels combining MIT and Rip van Winkle.
      [ Parent ]
      • Re:You aint seen nothing yet (Score:5, Interesting)

        by 1u3hr (530656) on Friday November 04 2005, @04:09AM (#13948651)
        On behalf of all Americans, I apologize if our screwy patent office has deprived Aussies of their God-given liberty to write bad novels combining MIT and Rip van Winkle.

        It's a test case. If approved, there will be literally thousands of similar ones approved and used to harrass writers all over the world.

        I found this on the asshole who is making the claim's website [plotpatents.com]:

        As far back as high school, [Andrew Knight] authored various works of short fiction that were published in national magazines,... Since then, he has conceived of a variety of unique fictional storylines. Recognizing that fierce competition for publication and financial reward focused on the quality of storytelling, as opposed to the quality of the underlying storyline itself, and further recognizing that even the world's most skilled storytellers (of which he is clearly not) rarely turn a profit, his unique fictional storylines have matured into pending patent applications instead of novels or screenplays. He thus seeks reward on the true value of his innovations--the underlying storylines--instead of forced, sub-par expressions of these underlying storylines.

        So the same concept as submarine patents: don't create a sellable product, just patent the concept and wait to ambush someone who has the talent to think of it AND bring it to market. The main target will be movie studios I think -- already they have to fight off hacks who claim that someone read their script and stole the idea, now they'd be liable even if the "idea" was never shown to anyone or published.

        [ Parent ]
    • Re:You aint seen nothing yet by Trepalium (Score:1) Thursday November 03 2005, @11:54PM
    • Re:You aint seen nothing yet by askegg (Score:1) Friday November 04 2005, @12:22AM
    • Literature patents! by SgtChaireBourne (Score:2) Friday November 04 2005, @02:09AM
    • Re:You aint seen nothing yet by G-funk (Score:2) Friday November 04 2005, @03:28AM
  • Where am I... (Score:3, Funny)

    by Anonymous Coward on Thursday November 03 2005, @11:33PM (#13947773)
    I don't know why they want to spend billions going to Mars... this planet is bizzare enough.
  • Publish, not issue (Score:5, Informative)

    by Aneurysm9 (723000) on Thursday November 03 2005, @11:34PM (#13947774)
    Get it right. Even the article does. These are patent applications that are being published because of a recent statutory change requiring publication of all patent applications 18 months after filing. This has nothing to do with whether or not letters patent will be granted.
  • They haven't issued anything (Score:5, Informative)

    by imthesponge (621107) on Thursday November 03 2005, @11:34PM (#13947776)
    U.S. Patent Office Publishes the First Patent Application to Claim a Fictional Storyline; Inventor Asserts Provisional Rights Against Hollywood

    ...

    Will Knights claimed storyline pass the rigors of nonobviousness and issue as a U.S. Patent? ...

  • Patent these quickly! (Score:3, Insightful)

    by Mr. Sketch (111112) <mister.sketch@gm ... minus physicist> on Thursday November 03 2005, @11:34PM (#13947779)
    [wo]man vs. nature
    [wo]man vs. [wo]man
    [wo]man vs. the environment
    [wo]man vs. machines/technology
    [wo]man vs. the supernatural
    [wo]man vs. self
    [wo]man vs. god/religion

    That pretty much covers everything.
  • Reductio ad Absurdum (Score:5, Informative)

    by ewhac (5844) on Thursday November 03 2005, @11:35PM (#13947786)
    (http://ewhac.best.vwh.net/ | Last Journal: Saturday August 18 2001, @10:28PM)
    ...And here are the assholes [plotpatents.com] who have been doing the legal legwork to make this possible. Here is their argument in law [plotpatents.com], which draws heavily on the flawed, idiotic precedents established with software patents.

    The system is now officially broken, and anyone who takes the USPTO seriously after today is part of the problem.

    Schwab

    • Followup by ewhac (Score:3) Thursday November 03 2005, @11:39PM
      • Re:Followup by aussie_a (Score:2) Thursday November 03 2005, @11:52PM
        • Re:Followup by poopdeville (Score:1) Friday November 04 2005, @12:45AM
          • Re:Followup by aussie_a (Score:2) Friday November 04 2005, @03:03AM
            • Re:Followup by poopdeville (Score:1) Friday November 04 2005, @03:36PM
              • Re:Followup by aussie_a (Score:2) Saturday November 05 2005, @03:44AM
      • Re:Followup by cpt kangarooski (Score:2) Thursday November 03 2005, @11:52PM
      • broken by DuctTape (Score:1) Friday November 04 2005, @12:36AM
      • Re:Followup by Reziac (Score:2) Friday November 04 2005, @12:48AM
      • Re:Followup by Peyna (Score:2) Friday November 04 2005, @12:50AM
      • Re:Followup by John Hasler (Score:2) Friday November 04 2005, @08:20AM
    • Re:Reductio ad Absurdum by jerometremblay (Score:3) Thursday November 03 2005, @11:50PM
      • Re:Reductio ad Absurdum (Score:5, Insightful)

        by ewhac (5844) on Friday November 04 2005, @12:14AM (#13947982)
        (http://ewhac.best.vwh.net/ | Last Journal: Saturday August 18 2001, @10:28PM)
        Maybe the MPAA and RIAA will have to put those lawers [sic] to a good use for once.

        Are you kidding? The MPAA will pee themselves with delight over this. They will support this wholeheartedly.

        Analysis:

        The issue of, "Who owns the story," is a thorny one in Hollywood. Professional screenwriters -- many of whom, by the way, are unionized because the studios kept abusing them way back when -- often retain the copyrights to their stories. Among other things, copyright affords the author the right to enjoin performance of their story in most media (since those are derivative works). However, copyright's scope is limited. You only have a case against a studio if the copying was direct. If the studio's work was substantially similar, then you get to sit in court for years and argue exactly how similar it was, and whether the studio's work A) constitutes plagiarism, and B) whether the degree of plagiarism is sufficient to warrant punishment by the courts. See Buchwald vs. Paramount [wikipedia.org] for an example of how messy this can get.

        Further, if a writer feels that s/he's being maltreated by the studios, s/he can vote with their feet and simply choose to work for someone else under different, hopefully better conditions. (In practice, this is more difficult than I'm making it sound.)

        However, if plotline elements can be patented, then there will be a mad rush by the studios to acquire as many patents as possible. Once done, screenwriters will no longer be able to ply their trade without being expressly licensed by the studio to do so. The balance of power will shift massively to the studios, who will wield absolute veto power over who may write screenplays, and under what circumstances. ("I want to retain rights to the story." "I'm sorry; we don't offer plot element licenses under those conditions.")

        This will also effectively kill those pesky independent screenwriters and film studios, since the large studios will simply refuse to license the plot elements. (The large studios won't have any difficulty; they'll merely cross-license with each other.) The studios could also, if they so wished, break the screenwriters' union overnight.

        And, of course, you'll hear a bunch of self-serving blathering about how film production is massively expensive, and successful film plots are already hard to come by, so successful plot elements should be afforded the maximum protection possible because, darn it, it was expensive to develop. This "reasoning" is, of course, complete bullshit, but it'll play well in the trade magazines and the halls of Congress.

        Schwab

        [ Parent ]
      • Re:Reductio ad Absurdum by S3D (Score:2) Friday November 04 2005, @05:14AM
    • Re:Reductio ad Absurdum by TX297 (Score:1) Thursday November 03 2005, @11:52PM
    • Re:Reductio ad Absurdum by Mr. Roadkill (Score:2) Thursday November 03 2005, @11:55PM
    • And here's their email: by Sebby (Score:3) Friday November 04 2005, @12:06AM
    • Re:Reductio ad Absurdum by holyceefax (Score:1) Friday November 04 2005, @07:26AM
    • 1 reply beneath your current threshold.
  • Have they patented.. by Anonymous Coward (Score:1) Thursday November 03 2005, @11:36PM
  • Thine future? by wombatmobile (Score:2) Thursday November 03 2005, @11:36PM
  • Rip Van Winkle: The Teenage Years by istewart (Score:2) Thursday November 03 2005, @11:37PM
  • I patent the love scene by varmittang (Score:2) Thursday November 03 2005, @11:37PM
  • What about prior art? by It doesn't come easy (Score:2) Thursday November 03 2005, @11:37PM
  • The Worst Part Is... (Score:3, Funny)

    by susano_otter (123650) on Thursday November 03 2005, @11:37PM (#13947801)
    (http://slashdot.org/)
    ... that's got to be the lamest story line I've ever heard.

    Not to mention the fact that Rip Van Winkle, King Arthur, and Sleeping Beauty are all prior art.

    Hrm.

    Sleeping Beauty?

    Maybe the worst part is what Disney is going to do to this guy...
  • Impressive Prior Art Though... (Score:3, Interesting)

    by GaryPatterson (852699) on Thursday November 03 2005, @11:38PM (#13947807)
    There's a good body of prior art out there to invalidate many patents. All you need to do is work on an existing story archetype. That's a pretty wide range, covering the entire literary world to date.

    According to Joseph Campbell, nearly all good stories conform to a standard cycle (the name of which eludes me right now), making all heroic-type stories unpatentable.

    Shame about originality though. And also a shame that if someone comes to sue you, you've got to go through a long process to prove that you weren't copying their stuff. The one with the biggest legal bill will probably win.

    What was wrong with copyright anyway? All works of fiction are under copyright, and there are existing ways to deal with transgressions. Plagiarism is anethema to real authors, as well.
  • Patenting fiction? by aaza (Score:2) Thursday November 03 2005, @11:39PM
  • Slashdot idiot headline by ucblockhead (Score:2) Thursday November 03 2005, @11:39PM
  • What 's the scope? by QuantumG (Score:2) Thursday November 03 2005, @11:40PM
  • VOID the patent, prior art exists by swschrad (Score:2) Thursday November 03 2005, @11:40PM
  • Not so novel a concept. by Rahga (Score:2) Thursday November 03 2005, @11:40PM
  • Palm Sunday. (Score:5, Interesting)

    by killjoe (766577) on Thursday November 03 2005, @11:41PM (#13947820)
    In his book Palm Sunday Kurt Vonnegut talks about a project he completed in school where he graphed the happiness curve of the main character over the course of the book/story. He examined many popular stories and found out that all of the stories he looked at shared only a handful of common graphs. It's been a while but I remember him saying that the book of genesis has the same graph as cinderalla for example.

    Whoever patents the five or six storylines that are the basis for virtually all books will become richer then Bill Gates.

    The neat thing about this is that you don't have to actuall write the books yourself. The patent office punishes the people who get off their ass and do things while rewarding people who get in the patent line early and patent things they have never built or made.
    • Re:Palm Sunday. by Angst Badger (Score:2) Friday November 04 2005, @12:05AM
    • Re:Palm Sunday. by NoGuffCheck (Score:1) Friday November 04 2005, @12:07AM
      • Re:Palm Sunday. by Joel from Sydney (Score:2) Friday November 04 2005, @12:19AM
      • Re:Palm Sunday. by msuarezalvarez (Score:1) Friday November 04 2005, @10:54AM
    • Re:Palm Sunday. (Score:4, Insightful)

      by cgenman (325138) on Friday November 04 2005, @12:34AM (#13948070)
      (http://www.chriscanfield.net/)
      Lots of people have done this type of analysis, and it is quite valuable. That doesn't mean that the subject matter is without merit, however. EVERY Simpsons episode has followed roughly the same structure for ten years, and it still captivates audiences. Ever notice that the first 5 minutes have nothing to do with the next 25? Yup, that's the one.

      Someone is going to mod me up for saying this, then mod me down for being obvious, but read The Hero with a Thousand Faces [amazon.com]. It goes into painstaking detail about the idealized hero story, and yet the structure fits tons of popular and historical media such as Terminator 2, Heart of Darkness, Cowboy Bebop, Tarzan, Blade, Odysseus, the new testament in the Bible, etc, etc.

      There are several other structures out there, and nearly infinite variants, but if you look at media with a critical eye you will find that all good films, books, shows, and games fall into set patterns of challenges, setbacks, losses, and eventual triumph (or not). If I may be so bold, most truly great pieces of media aren't made by artists, but by craftsmen. An artist explores their feelings as they create, producing something which is generally more intellectually engaging than emotionally so. A craftsman knows every tool of their trade, and hones their skills, tricks, and abilities towards controlling the viewer's reaction. Spielberg is a master craftsman. Vonnegut is a craftsman. Even in artistic pieces like Y Tu Mama Tambien, the craftsmanship is present and in the forefront.

      I say this because too many people try to create media from the heart, without realizing that you really need to engage your head thoroughly in order to focus on how to effect the heart of your audience. These people are master magicians: they conjure up images and emotions using smoke and mirrors. And like master magicians, they have to know the routines, and know how to work the routines so that they don't seem like routines. Part of the magic is taking something that was slaved over for years, with every detail hashed out and revised in painstaking detail, and making it look completley natural and unintended.

      But there is magic, there is structure. And if you want to become a magician, you need to give up the magic and learn how it is done.

      [ Parent ]
    • There are only seven original stories by FleaPlus (Score:2) Friday November 04 2005, @12:58AM
      • Now choose random book/movie/video game and try to assign them to one of these seven categories. I choose the episode Ariel from FireFly:


        The crew helps Simon infiltrate a ritzy planet's hospital for info on the experiments going on at River's school. But as he uncovers the cause of her psychosis, a betrayal by one of the Serenity members puts the Tam siblings back in the hands of the Alliance.


        Wow, what category does this fit into? Let's try all of them shall we?

        • ACHILLES. Simon thinks he's the smartest cookie in the cookie jar, so he plans a flawless crime where both he, his sister and the crew get everything they want, but he forgot his fatal flaw! He's too trusting and Jayne's betrayal leads his plan into jeopardy.
        • CINDERELLA. Simon's dream to go home with his sister comes true as he once more goes back to core planet and even gets the chance to practice medicine, saving a life and telling off an intern, even though it threatens the job and risks their capture.
        • CIRCE. Jayne goes along with the plan, even pretending that he's friends with Simon and River but it turns out he was betraying them!!
        • FAUST. Simon sinks further into the underworld of libertarian crime, but by the end of the tail he learns that criminals can rarely be trusted.
        • ORPHEUS. The most obvious, the crew decend into hell (a core planet) complete with Simon and River simulating their own deaths to do it. The minions of hell try to claw at them and keep them from escaping but, with the help of their friends, they make it out with a precious secret.
        • ROMEO and JULIET. Simon would do anything for his sister, including die for her.
        • TRISTAN and ISOLDE. Simon struggles to repair his sister's damaged brain, ignoring Kaylee's obvious affection for him.


        Yah. What have we learn about categories?
        [ Parent ]
    • Re:Palm Sunday. by surprise_audit (Score:2) Friday November 04 2005, @01:09AM
      • 1 reply beneath your current threshold.
    • Re:Palm Sunday. by Esion Modnar (Score:2) Friday November 04 2005, @10:36AM
    • 1 reply beneath your current threshold.
  • by craXORjack (726120) on Thursday November 03 2005, @11:43PM (#13947829)
    Cause that industry can afford to pay big bucks and they only have one storyline:

    Knock knock!
    Who is it?
    Pizza Delivery!/Copier Repairman!/Pool Cleaner!
    Bow-chicka-bow-bow
  • More information about p-zombies by QuantumG (Score:2) Thursday November 03 2005, @11:44PM
  • 18 months, eh? by NereusRen (Score:1) Thursday November 03 2005, @11:46PM
  • The Headline Is False by John Hasler (Score:2) Thursday November 03 2005, @11:46PM
  • Copy by Bonobo_Unknown (Score:1) Thursday November 03 2005, @11:46PM
    • Re:Copy (Score:5, Informative)

      by craXORjack (726120) on Friday November 04 2005, @12:28AM (#13948043)
      So if I were to photocopy a page out of a textbook and give it to students would I be a) infringing the patent b) violating copyright c) both?

      A textbook wouldn't have a storyline so the answer could not be (a) or (c). However, whether you are violating (b) depends on whether the page you photocopied was from a textbook printed on paper or an electronic book which displays text encoded digitally. In the first case, the old and established Fair Use Act covers this and no violation has occured. In the second case, the DMCA comes into play and you would be subject to penalties on par with those for second degree murder.

      [ Parent ]
  • Once upon a time by $RANDOMLUSER (Score:2) Thursday November 03 2005, @11:47PM
  • Meh by Dr. Mystery (Score:1) Thursday November 03 2005, @11:47PM
  • by Dark Coder (66759) on Thursday November 03 2005, @11:48PM (#13947858)
    Check out the most frivolous and most obvious patents, such as

    1. 'how to swing on a swing set' [freepatentsonline.com],
    2. Stamp moistener (with your tongue!!!) [freepatentsonline.com],
    3. Towel with a neck loop [freepatentsonline.com],
    4. Light bulb changer, weighing over 100 lbs. [freepatentsonline.com],
    5. 6 duplicative patents on 'cat toys on a string attached to a stick'1 [freepatentsonline.com],2 [freepatentsonline.com],3 [freepatentsonline.com],4 [freepatentsonline.com],5 [freepatentsonline.com],6 [freepatentsonline.com],


    Many of the not so credible patents have inate and self-evident common senses that have been documented by Greek/Roman historians in B.C. times!

    This is not what us commoner had envision for our ideal patent system. Oh boy, Adam Smith must be hotly spinning in his grave!

    --
    Disclaimer - I, too, am a pending patent holder.
  • This is the reason that..... by zappepcs (Score:2) Thursday November 03 2005, @11:48PM
  • This is *very* exciting by Lost+Found (Score:2) Thursday November 03 2005, @11:51PM
  • Ah, the answer, revealed! by ScrappyLaptop (Score:1) Thursday November 03 2005, @11:56PM
  • good by NoGuffCheck (Score:1) Thursday November 03 2005, @11:57PM
    • Re:good by Flower (Score:1) Friday November 04 2005, @01:07AM
  • Irony by phillwall.name (Score:1) Thursday November 03 2005, @11:58PM
    • Re:Irony by MaskedSlacker (Score:1) Friday November 04 2005, @12:27AM
    • Re:Irony by LardBrattish (Score:2) Friday November 04 2005, @12:45AM
      • Re:Irony by phillwall.name (Score:1) Friday November 04 2005, @12:53AM
        • Re:Irony by LardBrattish (Score:2) Friday November 04 2005, @12:59AM
  • Freedom of the Press? by egburr (Score:2) Friday November 04 2005, @12:01AM
  • Possible suggestion to END PATENTS by Lost+Found (Score:2) Friday November 04 2005, @12:02AM
  • the good news is.. by cli_rules! (Score:1) Friday November 04 2005, @12:02AM
  • Intentional irony? by rdwald (Score:2) Friday November 04 2005, @12:09AM
  • Cool! now I have a new sig. by dilby (Score:1) Friday November 04 2005, @12:14AM
  • Hey America (Score:5, Insightful)

    by Quirk (36086) on Friday November 04 2005, @12:14AM (#13947987)
    (http://slashdot.org/~Quirk/journal/ | Last Journal: Monday October 03 2005, @04:07PM)
    You're fucked!

    Seriously fucked

    What sickens me is your sickness is going to seep into Canada. I'll fight this one tooth and nail.

    Really, at the risk of being redundant you are deeply badly fucked.

  • I Pray That I... by istartedi (Score:2) Friday November 04 2005, @12:19AM
  • I'll race ya! by Hangin10 (Score:1) Friday November 04 2005, @12:22AM
  • What on earth does the statue of the Marines raising the flag on Iwo Jima have to do with this patent company's About Us [plotpatents.com] page?

        They have another reason to be ashamed... Not to mention their whole site looks like it was done in Front Page. Oh wait... It was :)

    meta name="GENERATOR" content="Microsoft FrontPage 5.0"
       
    • Re:Marines by Peyna (Score:2) Friday November 04 2005, @12:39AM
      • Re:Marines by Zordak (Score:3) Friday November 04 2005, @02:29AM
        • Re:Marines by slackerboy (Score:1) Friday November 04 2005, @07:58AM
          • Re:Marines by LittleLebowskiUrbanA (Score:2) Friday November 04 2005, @09:24AM
        • Re:Marines by LittleLebowskiUrbanA (Score:2) Friday November 04 2005, @07:58AM
    • Re:Marines by CerealFan (Score:1) Friday November 04 2005, @09:23AM
    • and check this little bit out by Ender Ryan (Score:2) Friday November 04 2005, @09:32AM
    • New Wave Lawyers by ObsessiveMathsFreak (Score:3) Friday November 04 2005, @08:22AM
    • 2 replies beneath your current threshold.
  • It finally happened by Neo-Rio-101 (Score:2) Friday November 04 2005, @12:24AM
  • Don't steal my stories by plorqk (Score:1) Friday November 04 2005, @12:24AM
  • Prior art...... by kg4czo (Score:1) Friday November 04 2005, @12:26AM
  • Could you patent a joke ? by Zork the Almighty (Score:2) Friday November 04 2005, @12:27AM
  • Oh no! by kurtmckee (Score:1) Friday November 04 2005, @12:28AM
  • New ways to protect mediocrity... (Score:3, Informative)

    by psiber (722466) * on Friday November 04 2005, @12:29AM (#13948050)

    WTF? The "About Us" section of Knight's website states:

    "Recognizing that fierce competition for publication and financial reward focused on the quality of storytelling, as opposed to the quality of the underlying storyline itself, and further recognizing that even the world's most skilled storytellers (of which he is clearly not) rarely turn a profit, his unique fictional storylines have matured into pending patent applications instead of novels or screenplays. He thus seeks reward on the true value of his innovations--the underlying storylines--instead of forced, sub-par expressions of these underlying storylines." (http://www.plotpatents.com/about_us.htm [plotpatents.com])

    Basically, he wants to get paid for coming up with a story idea and not the work of turning the idea into an actual GOOD story because he is not a skilled storyteller. Here's an idea for you: (1 come up with a good story idea (2 find a skilled storyteller and (3 contract them to write the story (with both names appearing on the work maybe? or not in which case this is just hiring a ghost writer). Oh yeah, he'd have to actually DO THE WORK of looking for a skilled storyteller he is able to work with. How about this one then: (1 come up with a good story idea (2 write a BAD story (3 what for someone to copy it and (4 sue them under copyright law. Oh yeah, the duplicate story would have to be VERY similar to the original to be considered for copyright infringement and would most likely be just as bad as the original and not sell either, so he still would not get paid. I can see why so many foreigners see us Americans as lazy...

    Besides, the idea behind the patent system is you can patent your idea, PRODUCE your idea (which Knight apparently IS NOT GOING TO DO with his story ideas), and try to make money from it without having to worry about a bigger competitor copying your idea and profiting from your creativity... Oh yeah, the patent system is still broken... never mind...

    • 1 reply beneath your current threshold.
  • What about utility? by jgoemat (Score:2) Friday November 04 2005, @12:30AM
  • The trouble with this is by rsilvergun (Score:2) Friday November 04 2005, @12:55AM
  • Story rather than storyline by Dr. Mystery (Score:1) Friday November 04 2005, @01:01AM
  • Land Grab (Score:3, Insightful)

    by headkase (533448) <pickett.bill@gmail.com> on Friday November 04 2005, @01:03AM (#13948182)
    The impression I've been building as I read each example of this kind of crap is that the US through organizations such as the WTO and internally with "IP" laws is trying to grab as big a piece of the pie as it can in the initial Information Age. Nobody knows what the future is going to be like in 20 years but it's a safe bet that if you weight the rules to favor your nation (which doesn't neccessarily mean individuals within it) so that you "own" everything then stategicaly you should be better off. If something like this idea isn't making it's way through the machinery of the US government then they must simply be incompetent or playing pork barrel games.
    You know, in China which tends towards the opposite of US IP laws, every motivated individual still has their stuff but as you work up into business organizations they simply have different rules that make things work their way. For example, music piracy is (more) rampant in China so instead of record labels sitting back and raking in the dough there are no record labels and artists are paid through corporate sponsorships - different systems that accomplish the same effect of getting a person their music.
  • my email to the american intellectual property law by Anonymous Coward (Score:1) Friday November 04 2005, @01:03AM
  • Isn't this a ripoff? by SnarfQuest (Score:1) Friday November 04 2005, @01:36AM
  • First thing's first by huhwhatduck (Score:1) Friday November 04 2005, @01:41AM
  • The Future I Am Waiting For by TuballoyThunder (Score:2) Friday November 04 2005, @01:53AM
  • From his bio... by MadCow42 (Score:2) Friday November 04 2005, @02:00AM
  • Stallman, I swear to god... by melikamp (Score:2) Friday November 04 2005, @02:01AM
  • All I have to say to this is: by TheGuano (Score:2) Friday November 04 2005, @02:21AM
  • Good news! (Score:5, Insightful)

    by JamesTRexx (675890) on Friday November 04 2005, @02:27AM (#13948427)
    (http://nystrom.nl/ | Last Journal: Sunday April 03 2005, @02:17PM)
    Hollywood will die slowly as a new Hollywood without patent restrictions will emerge in Europe or Asia.
    Maybe it'll be the end of the Oscars as a bonus.
  • Quick! Someone patent the storyline for Xemu... by Hamster Lover (Score:2) Friday November 04 2005, @02:30AM
  • MIT ... by magefile (Score:2) Friday November 04 2005, @02:57AM
  • Let's have a contest..... by rpbird (Score:1) Friday November 04 2005, @03:17AM
  • I'm All For It by Greyfox (Score:2) Friday November 04 2005, @03:21AM
  • Fighting MPAA copyright law suits by scotty1024 (Score:1) Friday November 04 2005, @03:33AM
  • It is very interesting... by Pecisk (Score:2) Friday November 04 2005, @03:34AM
  • Parody? (Score:4, Interesting)

    by makomk (752139) on Friday November 04 2005, @04:10AM (#13948657)
    (Last Journal: Friday August 17, @08:29AM)
    What about parody? Surely this would prevent anyone parodying said stories either? Copyright law protects the right to make parodies of copyrighted works, but I'm guessing the same doesn't apply to patents on storylines.
    • Re:Parody? by Surt (Score:2) Friday November 04 2005, @10:46AM
    • 1 reply beneath your current threshold.
  • Balance of power by Jumbo Jimbo (Score:2) Friday November 04 2005, @04:52AM
  • Let them patent advertisement plots by gsasha (Score:2) Friday November 04 2005, @05:05AM
  • Security by RAMMS+EIN (Score:1) Friday November 04 2005, @05:37AM
    • 1 reply beneath your current threshold.
  • Damn! 4 days worth of writing to redo by anticypher (Score:2) Friday November 04 2005, @05:40AM
  • Story dryout soon? by lightweave (Score:1) Friday November 04 2005, @05:49AM
  • by julesh (229690) on Friday November 04 2005, @05:51AM (#13948876)
    (Just posted this on another site, but it should be here as well:)

    And here [uspto.gov]'s the patent application:

    The relevant parts:

    I claim:

    1. A process of relaying a story having a timeline and a unique plot involving characters, comprising: indicating a character's desire at a first time in said timeline for at least one of the following: a) to remain asleep or unconscious until a particular event occurs; and b) to forget or be substantially unable to recall substantially all events during the time period from said first time until a particular event occurs; indicating said character's substantial inability at a time after said occurrence of said particular event to recall substantially all events during the time period from said first time to said occurrence of said particular event; and indicating that during said time period said character was an active participant in a plurality of events.


    OK, so this claim covers all stories which involve characters that wish to sleep until something happens, apparently achieving this wish, and then discovering that they were awake but don't remember everything that happened in the meantime.

    Typical practice in patent applications is to put something very broad in the first claim in the hopes that it will be granted, but not to actually expect it to be enforceable because the chances are somebody has done something similar before. (If anybody can name stories that follow this structure, published before Nov 28, 2003, now is the time to tell the USPTO about it).

    2. A process of relaying a story as in claim 1, comprising: indicating that said particular event has occurred at a second time in said timeline at least one week after said first time; and indicating said character's substantial inability at a time after said second time to recall substantially all events during the time period from said first time to said second time.

    Claim 2 is the same story where the event waited for takes at least a week to occur, and everything that happened is forgotten about.

    3. A process of relaying a story as in claim 2, wherein said second time is at least one year after said first time.

    The same, except a year or more elapses.

    4. A process of relaying a story as in claim 1, wherein said particular event is at least one of: a passing of a particular amount of time; a notification of a decision; and a relief of a pain.

    5. A process of relaying a story as in claim 1, wherein said plurality of events comprises at least one of said character's wedding, a birth of a child of said character, and performance of said character's occupation for a substantial portion of said time period.


    Things a character might wait for and things that might happen during the wait.

    6. A process of relaying a story as in claim 1, further comprising indicating a belief held by at least three other characters that said character was conscious during said active participation in said plurality of events.

    Something that's likely to happen after the character 'wakes up'.

    7. A process of relaying a story as in claim 1, wherein each of said steps of indicating comprises indicating in a written form.

    8. A process of relaying a story as in claim 1, wherein each of said steps of indicating comprises indicating in a video form.


    Books, TV series and films are covered.

    9. A process of relaying a story as in claim 8, wherein said process is a process of displaying a motion picture having a timeline and a unique plot, comprising: displaying a video representation of an actor acting as said character; displaying a video representation of said actor indicating at said first time in said timeline a desire for said at l
  • Only a handful of plots by PhotoGuy (Score:2) Friday November 04 2005, @06:12AM
  • Stop thinking! by Craig Maloney (Score:2) Friday November 04 2005, @07:14AM
  • please let me sleep by arsenix (Score:1) Friday November 04 2005, @07:40AM
  • Based on real life events. by Galston (Score:1) Friday November 04 2005, @07:43AM
  • Look on the bright side.. by segfault_0 (Score:2) Friday November 04 2005, @07:56AM
  • This is simply free advertising... by cenonce (Score:1) Friday November 04 2005, @07:59AM
  • Those who can do, those who can't patent! by PhilK (Score:1) Friday November 04 2005, @08:05AM
  • A speculative (and entertaining) endpoint by wes33 (Score:2) Friday November 04 2005, @08:10AM
  • Boy Wants Girl, Can't Have, Drama Ensues. by emidln (Score:1) Friday November 04 2005, @08:17AM
  • NASA, MPAA, or Google? by Pitawg (Score:1) Friday November 04 2005, @08:26AM
  • Prior Art! by bigattichouse (Score:2) Friday November 04 2005, @08:28AM
  • How Ironic ... by NoSalt (Score:1) Friday November 04 2005, @08:36AM
  • This is absurd but it may be useful by BigCheese (Score:1) Friday November 04 2005, @08:59AM
  • prior art by prgrmr (Score:2) Friday November 04 2005, @09:08AM
  • You'd think the patent would fail due to prior art by styzygy (Score:1) Friday November 04 2005, @09:17AM
    • 1 reply beneath your current threshold.
  • Provisional Patents by Erich (Score:2) Friday November 04 2005, @09:41AM
  • It's mine! I saw it first! by botlrokit (Score:1) Friday November 04 2005, @10:15AM
  • I ran a search for "storyline" and found the claim for "Process of relaying a story having a unique plot [uspto.gov]."

    This guy seems serious. Now let's just hope the USPTO realizes the stupidity of allowing even an application for this sort of patent. Stories have been around since the beginnings of humanity. Patenting the ideas behind them would be like patenting speech itself.

    I still can't believe this. It's like something out of The Onion.

  • Yeah, because the idea is the hard part by F452 (Score:2) Friday November 04 2005, @10:48AM
  • this could be good news! by Surt (Score:2) Friday November 04 2005, @10:49AM
  • theft of the artistic tradition by egotisticalone (Score:1) Friday November 04 2005, @10:54AM
  • It all depends by Flyboy Connor (Score:2) Friday November 04 2005, @10:54AM
  • Prior Art? by rscrawford (Score:2) Friday November 04 2005, @12:14PM
  • I claim Prior Art by WillAffleckUW (Score:1) Friday November 04 2005, @12:18PM
  • Here's a solution by iambarry (Score:1) Friday November 04 2005, @03:16PM
  • I Call Dibs... by Stormy Dragon (Score:1) Friday November 04 2005, @03:24PM
  • I know exactly what to patent by Eli Gottlieb (Score:1) Friday November 04 2005, @11:37PM
  • Patent vs Copyright by SonicSpike (Score:2) Monday November 07 2005, @01:44AM
  • Re:What a wanking monkey... by billsoxs (Score:1) Thursday November 03 2005, @11:37PM
  • 23 replies beneath your current threshold.
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