Microsoft Retracts Patent 182
An anonymous reader writes "Microsoft has retracted their recent controversial patent application. The story was first brought to light by Slashdot on Saturday. Today, Jane Prey of Microsoft announced the retraction on the SIGCSE (Special Interest in Computer Science Education) mailing list. 'Many thanks to the members of the community that brought this to my attention — and here's the latest. The patent application was a mistake and one that should not have happened. To fix this, Microsoft will be removing the patent application. Our sincere apologies to Michael Kölling and the BlueJ community.'"
Moral is complicated (Score:4, Insightful)
I have a tendency to believe that humans can err, but are basically good. And even Microsoft consists of humans. So my first reaction was "Oh good, they are not as soulless as we believe, this was an honest mistake." That option had already been pointed out during the discussion on slashdot as a problem within their process:
So, an honest mistake. But this being Microsoft it took me seconds to fall into conspiracy mode. How could they have such mistakes in their process, if they care about intellectual property? Was the mistake that they didn't hide it well? Did they simply try if they can get through with this? Can an entity that consists of basically good humans be not good in the end? (I'm afraid yes). So I still cannot decide if I can trust them or not, they seem to have lied too often in the past.
Re:Moral is complicated (Score:5, Interesting)
Re:Moral is complicated (Score:4, Insightful)
Re:Moral is complicated (Score:5, Funny)
A week or so from now, a headless body will turn up floating in Lake Washington off Madina.
Re:Moral is complicated (Score:5, Funny)
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Re:Moral is complicated (Score:5, Insightful)
There's no "conspiracy" about it, this is now common among most big technology corporations: Throw buckets of patent applications at the Patent Office, and see what sticks. Often the "little people" they are ripping off don't have the means to fight it, and while the other big players know it's bullshit, they find it cheaper and quicker to just pay the license. It's not just Micorsoft, they all do it.
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Nobody is going to sue MomAndPop.com for patent infringement because its not profitable. They sue the Microsofts and the Apples who have the deep pockets to shell out big settlements. With software patents being the legal quagmire that they are, the only protection these corporations have from others abusing the system is to be the patent holder themselves. So they apply for a patent and this ends in one of a few ways:
They can't get the patent because someone else h
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Patent trolls aren't going to sue MomAndPop.com, true; as you say they want money so they go for Microsoft or Apple. But Microsoft or Apple may well sue (not that it'll ever go to court) MomAndPop.com if they come up with something that could threaten established markets and business practices.
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all the best,
drew
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"Nobody is going to sue MomAndPop.com for patent infringement because its not profitable. They sue the Microsofts and the Apples who have the deep pockets to shell out big settlements."
Not true. UncleAndAunt.com will sue MomAndPop.com and even BroAndSis.org. (cf. KAM v. JMRI). Out and out litigation is just the tip of the iceberg btw: far more usually, licensing fees or cessation of infringement is demanded. EvilPatentTroll.com or AnyCorp.com with an aggressive IP licensing program will also attack MomA
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Even if BlueJ had 9 out of 10 claims of the patent covered with prior art, it's possible Microsoft could have gotten at least one original claim out of it. And considering they have lawyers on retainer for this stuff, it doesn't hurt them to try. The only thing that hurts them is if they think they'll lose sales over the hubbub.
As someone else mentioned, though, someone at Microsoft did commit perjury (even after it was retract
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The little guy does indeed get screwed over as you pointed out. Doesn't that go against the original intent of the Patent system?
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US software patents are mainly useful for threatening small innovative startups that can't afford legal fees and don't have a massive portfolio of 'obvious' patents to counterclaim with.
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I hope that 'award' is a share of the royalties and not a plastic Mickey Mouse statue. (They still have thousands left over from the 80's you know.)
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Also I wonder if Disney Internet Group are related to DIGG?
Re:Moral is complicated (Score:5, Insightful)
So those three must have thought they'd invented something - otherwise they lied on that application.
Or is it legal to put people's names on a patent application without asking them if what they did is actually an "invention"?
The people at both 3 and 4 have to know they didn't "invent" anything and surely the people at 5 have to ask them at some point?
Re:Moral is complicated (Score:5, Informative)
Re:Moral is complicated (Score:4, Informative)
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(4) (Score:2)
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Gautam Goenka [msdn.com]
Partho P Das [msdn.com]
Umesh Unnikrishnan
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Follow it up in writing, ask why they are not prosecuting given that the evidence is public.
Either
1) it will lead to a prosecution and a deterent for others who might do this, or
2) you will be told it is not worth prosecuting over something like this, which gives us clear evidence that the penalty of perjury is a fiction.
3) You will be ignored.
Either 1) or 2) is a useful result, 3) might be avioded with e
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Deterrent? The patent system and the consequences of "justice" are already a huge deterrent, must you add threats of jail time? I don't believe that the 612 billion dollar fine RIM was forced to pay was just, but at least they weren't facing the possibility of a stay in a penitentiary. The other punishment the justice system considered was the complete shutdown, and thankfully they decided that wasn't a good idea. Sure, liars should suffer consequences, but at some point the severity of the punishment i
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There is a reason for requiring that the "inventor" sign under penalty of perjury: it is precisely to provide a detterent. If it is not enforced, there is not reason not to "have a try" at patenting other people's ideas.
The same applies to lots of other laws that have similar provisions (DMCA, to pick an example familiar to slashdot) for sim
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Since knowingly infringing a patent is treble damages, it's SOP for companies to tell their engineers not to do patent searches or other prior art searches before submitting patents or using ideas. The other half of this strategy is to patent as many things as possible. This way when you violate someone else'
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All inventors listed in a U.S. application must sign an oath stating that he believes himself to be the first and original inventor. I've signed several of these for my applications and they are typically part of a power of attorney or assignment (I'm sure your company made you assign the application to them). You probably don't remember what you signed because the oath isn't conspicuous (its typically a paragraph added into a document that includes dozens of other paragraphs).
The Patent Act, 35 U.S.C. [uspto.gov]
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Bill
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Sir Frank Whittle (UK) and Hans von Ohain (Germany) both invented jet engines on their own.
They both invented jet engines, but different jet engines. This patent application was apparently little more than documentation of core parts of the Blue Jay product. Generally independent developments of similar ideas will have the fingerprints of the inventor on them. The fingerprints on this patent don't seem to be from MS.
It's like if I walk up to you in the parking lot, while you're opening your car I put a gun to your head and pull the trigger. Then when the gun jams, I ask you for a light and go
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Clearly, I'm not an aero engineer, and if both the Germans and Brits came up with centrifugal engines first, I can easily believe one of them stole it from the other -- but it still stands that they put recognizably different engines into production.
And I still stand by my point that the MS's patent is
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Either they invented this from scratch and it just happens to be exactly the same as something that already exists, in which case whomever didn't do the prior art search properly was incompetent. This seems unlikely given the previous public statements.
Or they implemented a design/overview/whatever given to them by someone else, in which case they didn't "invent" it and the person who gave it to them should be the
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Either they knew about bluej, in which case they should not have signed their name to the patent. Or they were given a design spec to implement (written by someone who knew about bluej) in which case they shouldn't have signed their name to the patent since they didn't do the inventing - they were just the cod
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Anything that involves the marquee tag a spinning 'mail me' gif doesn't count as 'programmed'.
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ya think? (Hint: how many times have they retracted a patent application *without getting caught like this
reminds me of all the crappy pop singers who get caught lip-syncing and *swear that on every other night of their lives they sang for real, it's just that they had a sore throat that day and
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I don't know. How many? Do you know, or are you just making an accusation?
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That being said, Microsoft probably wasn't going out of its way to steal someone else's tech. It has probably just become t
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Not everyone has heard of BlueJ. The person(s) who wrote it might have fallen into this camp.
"Was the mistake that they didn't hide it well?"
No, incoming patents can be examined by outside parties. Microsoft knows that all patents they submit will be closely looked at by people outside of the patent office.
"Did they simply try if they can get through with this?"
You never know with these large corporations.
"Can an
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I have a similar belief. However, I would more specifically word it as "Without any other information given, I have a tendency to believe a person is basically good."
For example, if you tell me that person is a member of Fred Phelp's church, I no longer believe that they fall in any category I would classify as "good." The same is true if they belonged to the Earth Liberation Front. This does
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Sure, an honest mistake. But what are they doing to fix their process so it doesn't happen again? If their process is prone to "honest mistakes" and they don't do anything it becomes "
Honest as My @#$%#4ing Ass! (Score:2)
"Sure, an honest mistake. But what are they doing to fix their process so it doesn't happen again?"
It happens *daily or damn near it. Give us a break!
Here's their patent (filed Dec 28, 2006) for having the opacity of your windows change when you hit Alt-Tab.
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=P TO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch- bool.html&r=1&f=G&l=50&co1=AND&d=PG01&s1=200602944 75&OS=200602944 [uspto.gov]
Re:Moral is complicated (Score:5, Funny)
I have to say, with all the legal loops that you have to hop to work with corporate lawyers just to get a patent to the submission stage, that this is not just a simple mistake.
In other words, I definitely heard "And I would've gotten away with it, if it weren't for these meddling kids!" running through my head. Zoinks!
Off-shore development (Score:2)
Draw your own conclusions, but at a minimum, it would increase the chances of mis-communication...
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I have a tendency to believe that humans can err, but are basically good.
And that last part is where the whole house of cards comes tumbling down. Basically good!? Are you kidding me? Sure there are a lot of people that do good things running around, but mankind is not intrinsically good by any stretch. I am just going to guess that you are either:
a. very sheltered
b. very young
or c. very naive
I hope you don't find out the truth the hardway.
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I'm of the opinion that most software patent applications are bogus. The problem is that if you don't get your bogus claim in before the other guy, you have to spend lots of money proving you didn't steal his bogus invention.
In reality, most software "inventions" aren't really patentable. Look at the BlueJ feature in question. How else could you implement it? What other format would be even remotely understandable? It's obvious; that's pretty much the only way
Even simpler: path of least resistance (Score:2)
We can assume that for every piece of working, checking it against a given criteria (e.g. "Did we get this idea elsewhere?") costs money. Therefore adding a given check to their process implies a cost to each piece of work.
The rationale of balancing this goes something like:
1 For a piece of work does criteria X apply?
1.1 Yes Do we increase profit by performing the c
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I believe this will explain everything ... (Score:2)
Never assume malice, when incompetence will suffice.
In case you don't feel like clicking (Score:2, Informative)
"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."
Re:In case you don't feel like clicking (Score:5, Informative)
Would it have killed the editor... (Score:5, Insightful)
"The patent discussed on saturday" isn't significantly shorter than "the patent on a copied IDE feature" but contains more useful knowledge and less useless knowledge.
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(Links on the web aren't an incidental thing, they are a vital part of what is being communicated.)
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Congratulations on showing me how much more "web savvy" you are than me though.
Why does it not surprise me... (Score:3, Funny)
Why does it not surprise me that someone named Jane Prey is involved in a Microsoft patent SNAFU?
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http://www.itap.purdue.edu/tlt/conference/wipte/pr ey.cfm [purdue.edu]
Has a book
http://www.amazon.com/Impact-Tablet-Pen-based-Tech nology-Education/dp/1557534349/sr=1-1/qid=11701004 65/ref=sr_1_1/002-4935735-1745604?ie=UTF8&s=books [amazon.com]
She's an academic who went ROGUE!
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As the other AC pointed out... (Score:2)
Oh, I think I do.
The predator preys on weaker animals (like... BlueJ?).
The prey is preyed upon.
In case you're still unclear about my use of words, the important nouns have been italicized, while the important verbs have been given a bold face.
Thank you for turning a tongue-in-cheek play on words into a grammatical pissing contest.
Would they have withdrawn without the outcry? (Score:2, Insightful)
and withdrawn the patent BEFORE the outcry arose. As it is:
"Eternal vigilance is the price of liberty." -- Wendell Phillips, (1811-1884)
Modern addendum: "And the price of open software."
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Don't celebrate (Score:2)
I'm not so sure (Score:3, Informative)
Watch now for patents that come as close as possible to stepping over the line, but stop just short. Microsoft easily has the resources to toss up nuisance patents that block possible future development of BlueJ.
After publicly admitting the misstep with the original patent, I'm not sure what the value to MS would be in aggressively trying to thwart BlueJ. It seems their strategy here is to hold themselves out as an ethical player. They have to know that they're on notice now about BlueJ, and any attmpts
Mistake? (Score:2, Informative)
Personally, I'm convinced the most plausible explanation for the *extremely* close replication of the BlueJ screens in the MSFT product is that the BlueJ source was ported to C#, probably using an automated tool.
Re:Mistake? (Score:4, Insightful)
That's a bunch of nonsense. I mean, it's not impossible, but it's ridiculous to jump to that conclusion. There are tons of workalike tools in Unixland that look and behave just like the programs they're knocking off. Does that mean they were developed by porting the original program? I just made some documents that look amazingly like some other documents in-house (I'm a graphic artist, and I needed some documents very similar to some old ones but with new graphical elements, and couldn't find the originals.) By your argument, the most rational explanation for the existence of these documents is that I loaded up the originals and altered them. The new document is just so similar!
Maybe the GNOME desktop is actually a port of Windows' source code, since it looks so much like Windows?
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That's funny, I'm a programmer...perhaps a *wee* bit more qualified to comment.
I'd say the evidence is circumstantial yet compelling. Of course, as long as the MSFT source is secret there will be no proof one way or the other.
There's a world of difference between deliberately cloning a UI or a document and having deep similarity in appearance in
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By a certain standard, I'm a programmer too. (I'm not a very good one nor do I have a degree, but I am forced to write code on a regular basis.)
No one said they didn't deliberately clone the UI. My argument is that there is no evidence whatsoeve
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To clear up this issue, they could disclose just the relevant source without impacting their "business model" one whit. Nobody's going to use that much code to clone VS.
Nice misdirection though.
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It's not appropriate to accuse me of misdirection when you simply miss the point entirely. That is not my fault.
Their business model depends on keeping their source closed for two reasons. One, they are on a crusade against Open Source in order to support their business, and it would make them look more like the
tons of knockoffs in Unixland .. (Score:2)
Assuming that were true, where did the Open Source developers try and patent these tools.
"Maybe the GNOME desktop is actually a port of Windows' source code, since it looks so much like Windows?"
So it's a total co-incidence that both applications look and behave uncannily similar.
was: Re:Mistake? (Score:4, Mod trolled up)
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Decompiling Java classes is so easy a caveman could do it. If he had a computer.
That's One (Score:2)
Most importantly: We don't have to get out of our chairs and participate in our political system to make the government we want. Woohoo!
Missing the point (Score:2, Insightful)
patent first, ask questions later? (Score:2)
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That way if a company feels the need to apply for a shiatload of patents they'll get the joy of knowing they won't get looked at anytime soon.
Anyone who is not really annoyed at the state of patents should try googles patent search. Enter any trivially understood idea like "task scheduling" or "integer multiplication" a
Apology (Score:2)
Okay, this whole thing is not too surprising. The patent system is broken and all major companies end up using a shotgun approach to get as many, mostly invalid, patents as possible. They apologized publicly for this instance. That was the right thing to do, and MS did it for a change. Good job MS.
Prior art detected (Score:4, Funny)
now if the scumpuppies at Rambus would do this... (Score:2)
if not, hey, what the hell, it's only ethics and morals. I'm sure it did not influence any other large companies in the field, like HP and SCO.
Good start, but (Score:2, Insightful)
I'm sure there are more .... (Score:2)
I typed in "Virtual Interaction Configuration" and up pops a patent.
I'm very anti-patent when it comes to software and the virtual interaction configuration is my own project that started back in 1988. I've only glanced over the patent so far and I intend on addressing each claim and explaining how each does not qualify for patent consideration. I intend to explain it in terms of Abstraction Physics, the common human characteristic in cr
"nothing to see here" (Score:4, Insightful)
What about the zillions of other patents just like this one that they apply for every day? Is the burden really on ME to make sure that Microsoft hasn't been attempting to patent stuff I've clearly got "prior art" for?
This is terrible. Stop acting like "The system works". This is one example where a prior-art holder had the means to notice someone's faulty patent claim.
I'm not even sure where the burden of proof should lie. When you hire a patent attorney to do a "prior art search", they just give you a pile of existing patents that matched some keywords. How do you do a _real_ prior art search, beyond just what has already been patented? Its not even possible. The system is so hosed that every patent that resulted from it should probably just be thrown out.
I can't believe people are buying this "It was a mistake" B.S.
And would've gotten away with it too... (Score:3, Funny)
*ducks*
Brought to light *by* /.? (Score:4, Insightful)
Retract one, file another... (Score:2)
Only to apply for another [www.idg.se] (sorry, only in Swedish). According to the article, Microsoft has applied for a patent for modular operating system upgrades, which sound quite similar to the various package management schemes (Yum, Apt, etc) used in Linux and other Unix-like operating systems.
Re:It's a good start... (Score:5, Insightful)
Companies like MSFT/IBM/etc shouldn't get patents, not because they don't invent anything, but because they invent so little and patent so much.
The hardware world scares me though. On the one had they collaborate as academics to share results, and on the other hand they patent everything in sight. No, you can't have an XOR gate, not yours!
Tom
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s a general matter, under the current "first to invent" system, you are right. But, the parent post mentioned a "first to file" system (as used in many other countries). Under "first to file" prior art doesn't matter. All that matters is who wins the race to the patent office.
I'm sorry, but you're quite wrong on this. In the UK we have a first to file system and prior art does matter to an ridiculous degree- you are not allowed to publish your invention prior to filing. The logic is that patents are inte
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Re:Um...what did Slashdot have to do with it? (Score:4, Interesting)
Happy?
Re:Um...what did Slashdot have to do with it? (Score:5, Funny)
Librarian: "If an article is not on Slashdot, then it does not exist." (Turns abruptly and walks away)
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The story was first brought to light by Slashdot on Saturday.
Um...what did Slashdot have to do with it? It looks like this fellow started complaining on Friday: http://www.bluej.org/mrt/?p=21 [bluej.org]
Obi-Wan: "The article that I'm looking for should be right
Obi-Wan: (waves hand) "These aren't the nerds you're looking for"
Yoda (to the Jedi children): Gone is the website, yet the packe
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To be fair, months can mean the difference between sinking thousands of dollars into a patent and deciding to defend it, or cutting it loose.
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Ahh, you see - but he only saw the light when his server crashed from a decent slashdotting...
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"No Jack, we're not going to fire you over this."
"You're not?"
"No -cough- there is, however, the minor matter of your reassignment. It's a cushy position - work from home really. We've taken the liberty of routing our 1-800 number for Vista activation to your home telephone number. And I'd like to be the first to welcome you to the Windows Validation department... Jack? Ar
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I don't think you understand the concept of a software patent. There is no invention -- it's all about implementation. There's not really any way to invent something in software -- the concept just doesn't apply. Software just describes a procedure -- a formal description language. If there is any inventing going on, it happened long before the project got to software.
In this case, requirements were presented to the Visual Studio developers, who then i