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Epicrealm Uses Vague Patents to sue Web Sites 397

An anonymous reader writes "InfoSpinner/epicRealm holds two patents that basically describe every dynamic Web site in existence and is now using them to sue companies like eHarmony. This patent seems to describe a standard web/application server setup. This one describes 'dynamically generating a Web page in response to the request, the Web page including data dynamically retrieved from one or more data sources.' If enforced, these patents could shut down almost every dynamic site on the Internet, including the USPTO."
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Epicrealm Uses Vague Patents to sue Web Sites

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  • by Ckwop ( 707653 ) * on Monday August 08, 2005 @04:20PM (#13272886) Homepage

    If enforced, these patents could shut down almost every dynamic site on the Internet, including the USPTO

    Ahh the wonders of living in Europe. Let's just hope it lasts.

    Simon

    • by jZnat ( 793348 ) * on Monday August 08, 2005 @04:23PM (#13272925) Homepage Journal
      Well, I think it's a good thing to happen because of the massive irony it introduces. Now, the US Government itself can be sued due to a vague and shitty patent! If this doesn't introduce any sort of patent reform, then someone will need to patent "the act of patenting something".
      • by Zeinfeld ( 263942 ) on Monday August 08, 2005 @04:34PM (#13273071) Homepage
        This looks like its going to be my third stupid patent subpoena this year.

        I have prior art from 1992.

        MIT has prior art from 1994, the open meeting.

        • HA! (Score:3, Insightful)

          Filed in 1996? Are they out of their freaking minds? There is so much prior art, it's hard to even quantify it.

          I think there should be a special type of punishment for people who apply for patents like this, long after the technology has gone into use, and it should go double for any moron who approves it. Perferably something with ants, fire, or boards studded with nails.

          • Re:HA! (Score:3, Funny)

            by coolgeek ( 140561 )
            I agree in principle, although I propose an alternate punishment. They should be punched in the face many many times by a rather large fellow wearing the pets.com sock puppet on his fist.
            • Re:HA! (Score:3, Funny)

              by Maserati ( 8679 )
              Drop me a line, I can hook you up with the licensing for the puppet. And would be delighted to do so.
      • by Frymaster ( 171343 ) on Monday August 08, 2005 @04:52PM (#13273274) Homepage Journal
        ow, the US Government itself can be sued due to a vague and shitty patent!

        you just gave me an awesome idea!

        i'm going to rush out and apply for a patent for a system "of social control wherebey a body of individuals holding a monopoly on the sole legitimate use of force (hereafter refered to as "the state") authorizes another group of non-technical people (hereafter called "the patent office") to allocate the legitimate use, distribution or communication of highly technical ideas, conepts, plans, schematics and other 'know how'".

        once i get that baby rubber stamped, i can just sue them out of existence!

    • by daniil ( 775990 )
      I've news for you. In case you haven't noticed, Europe is not a single state. There are many countries in Europe, and different countries have different policies for software patents. For how long will this situation last, i do not know.
      • Except that software patents are being discussed at the European level. If a ruling is made at EU level, then that'll stick for every country in the EU. EU rulings on things like trade supercede those at an individual country level.
        • Except that EU != Europe. There are plenty of European countries who aren't a member of the EU. Switzerland? Norway? Russia? Iceland? Romania? Bulgaria? Moldova? Serbia? Ukraine? Turkey?
          • Re:Ahhh Europe rules (Score:3, Informative)

            by ultranova ( 717540 )

            Neither Russia nor Turkey are European countries, neither geologically nor culturally.

            Both have holdings on European soil, but that is insufficient to make them European countries - after all, USA has military bases in Europe, but it most certainly is not an European country. The majority of both Turkey and Russia are in Asia and Middle-East, respectively.

            As for culture, Russia never made the transition to democracy the European countries managed, and is arguably sliding back to dictatorship after a ver

            • Your rationale for Russia is just ridiculous - Russia has most of its population in Europe. Maybe not land, but the people in western Russia are a far more important asset than the tundra in Siberia.

              As for history, the Russia monarchy has a long history of blood ties with Western European monarchies. Up until the late 1800s, Russia was just as European as any European country - sure, they might have fallen behind on democracy, but so has Belarus; would you consider that "not European"? Does the past cen
    • by NigelJohnstone ( 242811 ) on Monday August 08, 2005 @04:53PM (#13273287)
      Wake up,

      EU Commission is busy trying to make patent infringment as crime (it was in that Criminialise-all-IP-infingements directive they just released). Not only could they close down the EU Patent office website, they could get them locked up for up to 4 years if this patent existed in Europe.....

      The EU Commission really has to be raked in before its too late. How about their power to propose directives is removed. That would be similar to a proper Parliamentary directive where the civil servants don't create the laws.
  • by suitepotato ( 863945 ) on Monday August 08, 2005 @04:20PM (#13272889)
    Then get him good and soused and get him to sign off on a lawsuit against the USPTO. Should be good for five years worth of Slashdot fun.
    • by tobiasly ( 524456 ) on Monday August 08, 2005 @05:41PM (#13273720) Homepage
      Dear Epicrealm,

      It has recently come to my attention that you are using some vague and obscure patents in an attempt to blackmail legitimate, innovative businesses for large sums of undeserved money.

      Unfortunately for you, I hold a patent on this business model and take any infringement on my intellectual property very seriously. However, I will allow you to purchase a "make money by being a litigious weasel" license for $2M which will allow you to pursue your current course of action. Otherwise, you will be sued for patent-infringement patent infringement.

      Sincerely,
      Darl McBride
  • IANAL, but if I understand patent law, part of what you get for the goverment enforcing your monolopy to practice a patent is that they can arbitrarily use it and ignore your complaints...

    In other words, the goverment can simply ignore them (and it will be legal too). Of course every other site on the planet is in trouble.

  • by Anonymous Coward on Monday August 08, 2005 @04:22PM (#13272913)
    Well, there goes their chance of finding a lasting, loving relationship.
    • Re: (Score:2, Funny)

      Comment removed based on user account deletion
    • Couldn't have happened to a better bunch of assholes :) Software patents are wrong, but my heart still smiles to see eharmony taken down a notch.

      For those of you who don't know, eHarmony is a sort of a "stealth" christian dating service. It is really a christian dating site, which dropped the moniker "christian" to appeal to a wider audience. If you say you are an atheist, the site will politely refuse to match you with anyone. The pseudo-science of the matching people based on "the 29 dimensions of pe

      • Not that I want to try that site, but I'm curious- do they actually refuse to match atheists, or do they just put a high priority on matching a religion question (since many people who aren't religious and haven't gone to church in years will still write down Christian)?
        • Re:Suing eHarmony? (Score:5, Interesting)

          by Facekhan ( 445017 ) on Monday August 08, 2005 @05:11PM (#13273431)
          Is that why they refused to match me? I thought it was because I was weird. It actually happened I will post the text I got after completing the test.

          eHarmony is based upon a complex matching system developed through extensive testing of married individuals. One of the requirements for it to work successfully is for participants to fall into our rigorously defined profiles. If we aren't able to match a user well using these profiles, the most considerate approach is to inform them early in the process.


          We are so convinced of the importance of creating compatible matches to help people establish and enjoy happy, lasting relationships that we choose not to provide service rather than risk an uncertain match.

          Unfortunately, we are not able to make our profiles work for you. Our matching system is not suitable for about 20% of potential users, so 1 in 5 people simply would not benefit from our service. We hope that you understand that we regret our inability to provide service for you at this time.

          You can still receive your free personality profile by clicking here.
      • Re:Suing eHarmony? (Score:3, Interesting)

        by Keith Russell ( 4440 ) *

        Tolerate the day pass to read this article at Salon: [salon.com]

        "Finally, after increasingly aggressive phone calls to the site's outside publicity firm, here we were, talking at last. It was hard to believe that we would have many of [eHarmony.com founder Neil Clark] Warren's 29 dimensions of compatibility to work with. I am a pagan, single 30-year-old feminist with strong suspicions about the ever-creeping tentacles of the religious right. Warren is a married psychologist grandpa with a divinity degree, a Californ

  • prior art (Score:2, Informative)

    by mulcher ( 241014 )
    Umm Amazon existed in 1998.
    • Amazon using itself as an example of prior art in a patent dispute. That would be a first.
    • by jd ( 1658 )
      IIRC, there was a demo CGI script that came with the NCSA server for accessing the finger daemon and another for accessing a whois server. Both of these generate dynamic output, access multiple sources, etc, etc, etc.


      Even further back, the search engines for the Gopher and WAIS systems were much the same way. Methinks Epicrealm's website does NOT predate Gopher.

    • Re:prior art (Score:3, Informative)

      AltaVista: Delivers Internet's first Web index (1995) [altavista.com]. Search results page generated dynamically, based on input from the user.
    • Re:prior art (Score:3, Informative)

      by Zeinfeld ( 263942 )
      The patent is a continuation in part from Apr 23 1996. The prior art neest to be before Apr 22 1995.

      I know of plenty of prior art from that period. Like several hundred items.

      • Re:prior art (Score:3, Informative)

        by Temsi ( 452609 )
        OK, that's pretty simple.

        IMDB

        According to the imdb history [imdb.com] their system was created in 1990 and the website was launched in 1993.
        So it looks like IMDB was getting hundreds of hits a day, 3 years before these numbnuts filed their bogus patent application.
    • Re:prior art (Score:3, Informative)

      by I8TheWorm ( 645702 ) *
      Inventors: Lowery; Keith (Richardson, TX); Levine; Andrew B. (Plano, TX); Howell; Ronald L. (Rowlett, TX)
      Assignee: InfoSpinner, Inc. (Richardson, TX)
      Appl. No.: 636477
      Filed: April 23, 1996
    • In addition, shouldn't they be suing the person who created the product, not the user? I would think that they should sue Microsoft (ASP, MS-SQL) or the Apache/PHP teams, since they are the partys creating the patent violating technology.

      Or perhaps they are afraid of what will happen when they file a suit like this against MS...
  • by Nuclear Elephant ( 700938 ) on Monday August 08, 2005 @04:23PM (#13272929) Homepage
    If enforced, these patents could shut down almost every dynamic site on the Internet, including the USPTO

    Perhaps that would facilitate some change. It seems that, throughout history, things only got better after they got much worse. Gas prices will probably continue soaring until we have a Boston Gas Party (which will probably be a lot more fun than the Boston Tea Party - at least in the south). The combination of asinine software patents and litigious bastards will most likely continue on too, at least until things get so bad that some as insane as suing the USPTO actually does happen - or until we have our own little patent reform party =)
    • by alvinrod ( 889928 ) on Monday August 08, 2005 @04:37PM (#13273112)
      I absolutely agree. Eventually the weight of legal cases that are self-evident bullshit will break the camel's back. Until that time, however, coorperations won't even be able to cross the street without having someone sue them.

      If the big companies in favor of software patents are at all interested in keeping those patents I suggest that they help the system out by getting rid of vague patents that can apply to almost anything, much like the case here.

      Judges should also start fining corperations that bring frivilous suits against other companies based on such patents. Offending companies will pay a fine of at least $100,000 as well as paying for the legal fees associated with the case. Money collected will go to education for the poor. Lawyers dumb enough to file said suit will be barred from practicing law in the United States for a period of time no less than 2 years and possibly deported to the sun.

      Foreign countries (like China) should blatantly ignore other patents of asshat corperations that practice patent litigation for profit effectively eliminating an oversees business for that company. If they complain, a letter comprised of the 372 ways in which that person/company is a complete asshat/fuckwad/douche/other derogatory name will be sent back to them at their own expense.

      In times like these it is society's responsibility to discourage this type of moronic behavior be any means necessary. Maybe once the world has gotten it drilled into the thick skulls of these moronic bufoons that such behavior is frowned upon, we can go back to business as normal. Until such a time, soulless goons like these will continue to take advantage of the system at the expense of everyone else.

    • Ah yes... the old "The best way to get rid of a bad law is to enforce it." gambit.

      The problem is: it takes too long, and too many people get hurt along the way. I think it's time for a civil revolt NOW... oh, wait...
    • by Nom du Keyboard ( 633989 ) on Monday August 08, 2005 @04:50PM (#13273253)
      until we have a Boston Gas Party

      Is that right after the Boston Baked Beans potluck?

    • by Rakshasa Taisab ( 244699 ) on Monday August 08, 2005 @06:07PM (#13273943) Homepage
      Actually, gas prices will continue to soar. We are at, or have already passed, peak oil production. The remaining oil reserviors will be more expensive to extract, demand will keep rising as production plumets.

      You can have as big a party as you want, it won't solve the problem. About patents?... Dunno... Seems to me those with capital are getting more and more political power as regular people keep watching Idol.
      • by HangingChad ( 677530 ) on Monday August 08, 2005 @09:59PM (#13275447) Homepage
        The remaining oil reserviors will be more expensive to extract, demand will keep rising as production plumets.

        You are probably right but consider an historical example. In 1850 most homes were lit by whale oil lamps. As the supply of whales dwindled and the price of oil shot up it was only a matter of a few years before alternatives became more economical. Within a few years most homes had switched to smokeless kerosene and the market for whale oil tanked. The economic hammer fell on the whaling industry.

        Oil is a little different but already gas prices are motivating a change in consumer car choices (try to buy a hybrid right now) and the auto industry is retooling as fast as they can shift production. That trend will accelerate as gas prices rise and we'll use less, the supplies will increase and the prices will sink again. Although this time the Chinese will likely soak up any extra capacity, so we may see permanently higher gas prices. SUV's didn't make a comeback until gas hit .90 cents a gallon a few years ago.

        What should be a bigger concern is our dependence on foreign oil. But if you think that's going to be a priority for an oil family that's good buddies with the Saudi royal family, then you're kidding yourself. Imagine where we could be in alternate energy sources if we'd made that a national priority in the wake of 9-11.

        With patents I think we're going to have to reach the wretched extreme before anything changes. Actually, I think we're already there. It doesn't get much more wretched than Epicrealm.

  • Slashdot, being completely free of any and all dynamic individuals, will be completely immune to anything Epicrealm can throw at it.
  • by jevvim ( 826181 ) on Monday August 08, 2005 @04:28PM (#13272982) Journal
    This isn't a patent on dynamic page generation, but about a dynamic server farm where a primary "web server" distributes dynamic page generate requests to one or more "page servers", and where each page server can maintain a cached version of the output of the dynamic page request.

    As such, I'm not as concerned about "woe unto all dynamic web sites," but if I managed one that offloads and caches page generation work (i.e., Slashdot, LiveJournal, and probably a lot more) I'd probably be calling my lawyer this morning.

    • This could actually be a boon for manufacturers of big iron. If one big machine does all the work, there's no need for "offloading."
    • Many, many sites do this. Apache backed by load-balanced Tomcats is a great way to scale [apache.org]. This has the potential to kill midsized sites that need more than a standalone server but can't afford Big Iron.
    • If you write software for a living, you'll be done soon. Very done. Toasty done. This has simply got to stop, and everyone in this forum, and anywhere else, who supports software patents of any kind, has to be beaten with a clue stick until they understand why it is the end of the world as we know it.

      Bill Gates, are you out there? Here's a suggestion that will forever alter my opinion of you and of Microsoft -- in fact alter it to one of unconditional positive regard. Please save us, and donate all of
  • Patented. (Score:2, Insightful)

    by Paperclip1 ( 876899 )
    I hereby patent any/all form(s) of thought(s). You all owe me $.02 for each thought you have. Gotta love being able to put a patent on something you didn't come up with, especially since it's virtual, and not even physically existent.
    • Re:Patented. (Score:3, Insightful)

      by tnk1 ( 899206 )
      I hereby patent any/all form(s) of thought(s). You all owe me $.02 for each thought you have. Gotta love being able to put a patent on something you didn't come up with, especially since it's virtual, and not even physically existent.

      You're patenting thinking? You're about to make a lot less money than you think you are.

      And no one in the USPTO is going to be the least worried about having to actually pay you... they don't use your product.

    • Hmm in Europe that would be unenforceable... In the states, I doubt you would see much profit....
    • How old are you? If you're younger than 27, then I can claim prior art. :P
  • Prior Art (Score:4, Interesting)

    by BBCWatcher ( 900486 ) on Monday August 08, 2005 @04:28PM (#13272995)
    CERN had the first Web site to integrate with a backend system. According to history [web.cern.ch], back in 1990 CERN developed a Web site that provided dynamic access to a VM FIND application. Thus the world's first Web application integration project provided Web access to an IBM mainframe application. (It's also true that the world's first Web server outside Europe was installed on Stanford's IBM mainframe.)

    Seriously, mainframes are so cool. And they offer patent protection, too.

  • Would Einstein have let these patents through? Maybe the problem we have is that our patent officials are TOO smart and are busy discovering the next major breakthrough in quantum physics instead of batting back nonsense patents of wheels and such. Bless 'em
  • USPTO shuts itself down for patent infringement.
  • Excited! (Score:3, Insightful)

    by rcbarnes ( 875915 ) on Monday August 08, 2005 @04:32PM (#13273056) Homepage
    I'm frankly excited about the suit. No sitting judge could possibly hope to rule in favor of Epicrealm (at least not without an embarassing overturning by another judge). Every loss by a software-patent holding party weakens the whole idea of software patents, and hopefully expedites the severe restriction/outright end thereof. Kudos to Epicrealm for fighting for the right side, even if it is only accidentally.
  • My turn!! (Score:5, Funny)

    by loconet ( 415875 ) on Monday August 08, 2005 @04:33PM (#13273063) Homepage
    From their Claim #1:

    1. A computer-implemented method for managing a dynamic Web page generation request to a Web server, said computer-implemented method comprising the steps of:
    routing a request from a Web server to a page server, said page server receiving said request and releasing said Web server to process other requests wherein said routing step further includes the steps of:
    intercepting said request at said Web server and routing said request to said page server;
    processing said request, said processing being performed by said page server while said Web server concurrently processes said other requests; and
    dynamically generating a Web page in response to said request, said Web page including data dynamically retrieved from one or more data sources.


    Have no fear, I shall patent the word 'said' and venge the Web!

    • Rebuttal: Article 36, Section 19. One panda may not make sexual comments about another panda's appearance. If said panda... The first party of the first panda may sue the second party panda unless that panda was said panda unformentioned panda.
  • Just remember, when the USPTO vacates this patent because it threatens them, be sure to complain to the USPTO that they're playing favorites. Either abuse of the patent system is a problem for everyone, or it's not, and the USPTO can't make an exception for themselves.
  • Software (Score:3, Insightful)

    by alecks ( 473298 ) on Monday August 08, 2005 @04:36PM (#13273092) Homepage
    Should they be suing the company that made the server software, instead of the client who purchased it? Unless eHarmony developed they're on webserver, in which case, how did they find out??
  • I Give up! I'm going to become a lawyer, unless they've patented that too.
  • Web Company? (Score:5, Interesting)

    by mystik ( 38627 ) on Monday August 08, 2005 @04:36PM (#13273095) Homepage Journal
    For a company that makes a web product, they have a pretty scarce web presence:

    www.epicrealm.com == 'under construction'

    www.infospinner.com == non existant

    the only thing Googling for either name turns up press releases ...
    • They dropped off the face of the earth sometime in 2003... They were first an app server company (InfoSpinner) who sold the bulk of the tech to IBM as a relabeled by IBM product (WebSphere). They then decided, because of a downturn in fortunes caused by an severe glut of better competitors in that arena, to go into the content delivery network business (epicRealm). Keith patented the "invention" in question during that timeframe. However, I don't know for certain, but I doubt that Keith or the others c
  • this will be the patent nonsense outrage that will break the poor man's back.

    But probably not. It's cheaper and easier to throw money around the problem then to actually do the real work fix the problem. Hell, the US Govt doesn't even seem to think that any patent reform legislation is necessary AFAIK.

    *sigh*
    • As I said in a previous post, the US goverment can more or less ignore a patent as patents are property rights and all property rights are given by goverement... Basically, they can use it and ignore you and it is legal. Private citizines and other companies are of course suject to it though.

  • I found a vague reference to this at Linux Today [linuxtoday.com], dated back in 1999, but nothing else. Is there anything more current on this? Or matbe Slashdot is just a bit late on this story?
  • Blame the Lawyers (Score:4, Interesting)

    by ribblem ( 886342 ) on Monday August 08, 2005 @04:39PM (#13273125) Homepage
    I recently filed for a patent through my company. It wasn't an overly complex invention and I thought I described it very well with a one page email. By the time the lawyers where done with it that one page had turned into 45 pages of text that I hardly understand. There is something wrong with the system when the inventer has a difficult time understanding the invention that is being submitted to the patent office. After seeing how much the company lawyers obfuscated the facts I'm not surprised that the patent office sometimes lets bogus patents through.
    • While 45 pages seems a bit much for a small patent, claim language is a very technical and precise thing.
      Unless you are a registered patent agent, or have studied patent law, saying you can't understand the claims without studying how to is like saying you can't understand french without studying how to.
      • by NoOneInParticular ( 221808 ) on Monday August 08, 2005 @05:07PM (#13273404)
        And how does the studying of patentese further the progression of technology? If a patent cannot be understood by a person skilled in the art, it is 100% useless as a means of disclosure of an invention. As disclosure is the reason we have patent law in the first place, this argument seems to contradict the existence of patents.
  • by Pulzar ( 81031 )
    The patent is not called 'dynamically generating a Web page in response to the request', as the poster would have you believe, but 'System and method for managing dynamic web page generation requests'. It describes a system in which a dispather takes the dynamic page requests and distributes them to the least loaded 'page servers' which actually do the data retrieving and page generation. It's a system for reducing the load on the main web server if it generally receives a lot of dynamic page requests.

    It's
  • Google has been doing this since when? Before '99 at any rate. There is no way in hell this will stand up to a prior art attack.

    Hopefully eHarmony et al. counter-sue for whatever charge it is you can leverage for frivolous lawsuits.
  • I got sued once. Copyright infringement and breach of contract. The case was nonsuited about six months later. Dropped, in other words, prior to discovery or any court appearances. It seems my contract was with a company they bought their assets from, twice removed, it had a dispute mediation clause they weren't honoring and the software (which I wrote) was no longer in my posession anyway.

    The moral of the story is: anybody can sue anybody for anything. It means nothing. If they obviously have no case, just
    • Spending money defending yourself is a pain in the ass. Instead of paying a lawyer for two hours of formal "get bent" letter writing, tell your lawyer that he can spend however much time he needs defending you in the case (long, formal, drawn-out "get bent") as long as he gets the plaintiffs to cover his costs for you.

      Then it turns these frivolous lawsuits into a very expensive endeavour.
  • Filed 9 years ago (Score:2, Informative)

    by Skiron ( 735617 )
    Inventors: Lowery; Keith (Richardson, TX); Levine; Andrew B. (Plano, TX); Howell; Ronald L. (Rowlett, TX)
        Assignee: InfoSpinner, Inc. (Richardson, TX)
        Appl. No.: 636477
        Filed: April 23, 1996

    Submarine patent? Or not? Just lucky, I guess - will will now see how much law is an ass more than the SCO case.
  • Unreal Property (Score:4, Insightful)

    by Doc Ruby ( 173196 ) on Monday August 08, 2005 @04:46PM (#13273196) Homepage Journal
    We need a high-profile case of a patent abuser getting a stiff fine. Or even frogmarched to jail for a stint. If I got the County Clerk to hand me a title deed to some "real property", without proper boundaries drawn on it, then went around the countryside demanding rent, there would be hell to pay. The first time, I'd probably just get a spanking from the cops and the District Attorney. After that, I'd be in jail for harrassment. And if the Clerk did that more than once, they'd be fired. If not, their boss would be fired. If not, then the obvious collusion to enable me to harrass and defraud property owners would send them to jail, too. If I were doing this to collect rent on land that no one owned, like a public forest, I'd go to jail the first time around.

    Patent abuse is not only a fraud exactly like that scam. It also destroys the fragile system defended only virtually, without the actual land that backs real estate, and makes the whole economy more solid. Patents, the office that issues them and the laws that back them are already pretty stupid and abusable, even when they're administered as carefully as possible - particularly on software. Now it's obvious that they are a tool for interfering with "progress in science and the useful arts", rather than promoting it. Heads must roll before the crooks are running the entire landscape.
    • The USPTO alread requires applicant's to comply with the duty of disclosure:

      37 CFR 1.56 Duty to disclose information material to patentability.

      (a) A patent by its very nature is affected with a public interest. The public interest is best served, and the most effective patent examination occurs when, at the time an application is being examined, the Office is aware of and evaluates the teachings of all information material to patentability. Each individual associated with the filing and prosecution of a pat

  • describes 'dynamically generating a Web page in response to the request, the Web page including data dynamically retrieved from one or more data sources.

    If these cowards were out for something more than extortion they should be suing Microsoft for selling the tools (ASP, .NET, IIS) for doing exactly this.

    Come to think of it, what tools have they used to build their own web-site that implements these patents?

  • ...these patents could shut down almost every dynamic site on the Internet, including the USPTO.

    Nonsense. Even if they had enough money to go around suing every dynamic site on the internet (think 8,168,684,336 web pages indexed by Google and divide by, say, 1,000), it would halted by the court which would find these patents "obvious" and with "prior use" and invalidate them. They have to prove all this stuff, and of course, it's simply not possible.

    Now, let's have an actual look at the patent, shall

  • Otherwise someone might read that company name as epiCream.
  • ...did anyone else misread that the way I did:

    "Epilcream uses Vague Patents to Sue Web Sites"

    ???

    I guess my mind must be stuck on depilatories too much lately. ;P
  • by toonces33 ( 841696 ) on Monday August 08, 2005 @05:06PM (#13273390)
    All of you guys owe me money. Oh, wait. This is slashdot. Never mind...
  • Patently Obvious.. (Score:3, Insightful)

    by reg ( 5428 ) <reg@freebsd.org> on Monday August 08, 2005 @05:25PM (#13273581) Homepage

    Maybe it's time that the OSS community began to get 'investors' to patent obvious ideas...

    The concept is simple: Start a dynamiclly driven web site (Oops... ;-), which lets users add ideas for patents and vote on what they think are the most likely to actually be implemented. Then find donors to fund the EFF to write patent applications, and to submit them.

    If the patent succeeds, licence it under an OSS licence, that gives unlimited use unless the site's portfolio is challenged in court. If this happens, all users must come to the rescue of the site.

    But the better outcome is that the patent office rejects the patent as 'obvious'. If the average /.'er can think of it then it must be obvious ;-)... And then when you get sued by someone, you can take your site and the rejected 'obvious' patent and ask the court to rule how that someone else's patent is not obvious, because you implemented based on what the patent office already declared obvious...

    Regards,
    -Jeremy

  • by denis-The-menace ( 471988 ) on Monday August 08, 2005 @05:31PM (#13273642)
    Coming soon:
    Tagline: "patent or be sued!"

    Object: Patent everything you can and profit from the work of others.

    Method of play:

    -Everybody starts with venture capital of $100,000.
    -As you go around the board you collect cash (via sales cards), Patents (via patents cards)that you can buy if you want, and inventions (via inventions cards).

    -sales cards: gives you the option to sell a product if you have the invention card for it.
    -patents cards: You buy them If you want. Any patents not bought are put into the "Public domain" pile. A player can only hold a patent card for up to 10 turns, after which they go the the "Public domain" pile.

    -invention cards: Are free when you land on the square on the board. If the "invention" is already patented by another player, that other player CAN sue for the cost of the patent. The patent owner can also not reveal that he/she hold that patent cards for up to 10 turns. The player with the patent card can, at the time of his choosing, sue the player with the Invention card for twice the "Sales" that player has received.

    Note: If a patent card is bought and another player already has the "Invention card", each place $10000 in a pile and each spin their own USPTO wheel (Patent Wins - Invention wins -settlement). Both wheels must match. If not, each player adds another $5000 to the pile, and spin again. This can continue until one or both players run out of money. If Settlement is the outcome, the pot is split between players.
  • by chefmonkey ( 140671 ) on Monday August 08, 2005 @05:55PM (#13273832)
    epicRealm pretty much imploded a couple of years ago. I suspect all that remains is a holding company that retains the IPR associated with their patents. (I worked with a couple of the guys that pretty much shut the lights off on their way out of the company -- some of the most brilliant engineers I've had the pleasure of working with).

    Another very useful observation about epicRealm is that the letters of its name can be rearranged to spell "Ripe camel." I can't take credit for this observation, however; that honor goes to an anonymous employee who made that physical rearrangement of their official logo on the entrance to their main offices around the time everything started going down the tubes.
  • HTML ONLY! (Score:3, Insightful)

    by Fareq ( 688769 ) on Monday August 08, 2005 @06:48PM (#13274253)
    The patent specifically limits itself to sites that dynamically generate HTML.

    Simple solution, use XHTML.
  • Yet more prior art (Score:3, Informative)

    by boutell ( 5367 ) on Monday August 08, 2005 @08:01PM (#13274821) Homepage
    Just for the record, I have yet more prior art on this. In 1994 I developed, for Cold Spring Harbor Laboratory, a system that dynamically generated and cached GIF images of particular rectangular subregions of biology data as a web-based interface to same. In fact, I gave a presentation on it at the Second International Web Conference and talked specifically about its caching capabilities and so on. And I know I'm not the only one with prior art on this stupidity.

He has not acquired a fortune; the fortune has acquired him. -- Bion

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