AOL Patents IM 146
ProgressiveCynic writes "CNet is reporting that AOL has recieved a patent on IM technologies. Specifically, any technology that provides "a network that allows multiple users to see when other users are present and then to communicate with them" is covered. While AOL was a leader in this space the patent was only filed in September 2002."
What ever happened to... (Score:2, Interesting)
Re:What ever happened to... (Score:3, Insightful)
Re:What ever happened to... (Score:1)
PLATO had this in the mid to late 70s. Burroughs mainframes had this in the early to mid 70s. I wrote software in the late 70s to do this on mainframes. The prior art is likely older than the examiner who let this by.
Ever hear of Finger & Talk? (Score:3, Informative)
What about "chat" and "talk"? (Score:5, Insightful)
Re:What about "chat" and "talk"? (Score:2)
Re:What about "chat" and "talk"? (Score:2)
Re:What about "chat" and "talk"? (Score:2)
Re:What about "chat" and "talk"? (Score:1)
It seems AOL didn't want to be stuck with any positive karma that they may have gotten from winning their spam lawsuit. Why not burn it away quickly at the US PTO I guess. Actually, I have a better idea - lets burn the US PTO.
Re:What about "chat" and "talk"? (Score:2)
Re:What about "chat" and "talk"? (Score:2, Interesting)
Re:What about "chat" and "talk"? (Score:2)
And then there's the old-style bbs systems (fav. was grapevine).
Dumb-ass patent office. :-(
Re:What about "chat" and "talk"? (Score:2)
sorry :-( ... maybe now I should apply to be a patent examiner for the USPTO ... ;-)
prior art... (Score:3, Funny)
% talk <user>
But in real life... (Score:2)
nudge nudge knowwhatImean?
ok...bad joke...but I got karma to burn...
Re:But in real life... (Score:2)
% finger
% talk In real life, one should probably talk first, eh?
nudge nudge knowwhatImean?
ok...bad joke...but I got karma to burn...
This makes me think we need a "BOO-HISS +0" Moderation.
Ender
Granted in 2002, NOT filed! (Score:5, Informative)
The article clearly states that the filing was done in 1997, and the patent was granted in Sept 200.
Re:Granted in 2002, NOT filed! (Score:4, Funny)
Sept 200, eh? Wow. That definitely rules out any prior art that I know of!
Re:Granted in 2002, NOT filed! (Score:1)
They've made a mistake. (Score:3, Insightful)
Re:They've made a mistake. (Score:1)
Re:They've made a mistake. (Score:2)
Why don't we patent the word "The" (Score:2, Funny)
nems
Because you can't (Score:2, Funny)
I wonder how much I owe AOL in back royalties for all that mudding I did in the 90's?
This is insane!! (Score:3, Insightful)
Re:This is insane!! (Score:2)
That doesn't mean there isn't prior art, but you're going to have to be more specific.
Re:This is insane!! (Score:1)
IRC? (Score:5, Insightful)
In rfc1459, dated May 1993, after 4 years of development. Although it is described as a "teleconferencing system", it does sound like it'd match:
Re:IRC? (Score:1)
Re:IRC? (Score:1)
Re:IRC? (Score:1)
RPI's rich history of CMC ("chat" or "IM") systems (Score:2)
As I recall, IRC was available as early as 1987-1988. It was definitely around in early 1990, so it certainly predates the patent.
Also, there are older CMC systems (Computer Mediated Communication [december.com] systems) invented by members of the student ACM chapter at Rensselaer Polytechnic Institute (RPI). (Not all of these CMC systems were Internet-based.)
In particular, CONNECT was a network server (but not Internet-based) which allowed users to connect to the server over the network and login, see what other people are signed on, and send public and/or private messages to other online users. CONNECT dates back to the spring of 1986, and replaced ACM:CB, a program which students previously used to chat -- but that program only worked between users logged into the MTS mainframe system; CONNECT was a true network server. (It, in turn, took the place of "vamp-mode" on *FORUM -- that is, people used to use the MTS forum software for interactive conversations, although it wasn't designed for that purpose. ACM:CB was, and CONNECT even moreso.)
After CONNECT was shutdown in 1991 for political reasons, another program called Clover took its place. Clover was an Internet-based server running on a Unix machine, licensed under the GPL. It had a client-server architecture and used a UDP-based protocol. Clover ran for several years until about 1994, when it was replaced by lily, a MOO-based server using a TCP-based protocol and new client software. Lily remains active today and is the current home of the online community which formed on the MTS mainframe in the mid-1980s.
I myself wrote a Unix-based server imitating CONNECT. This server was started in 1992, running on a server open to public access (via guest access) since early 1993, and eventually released [gangplank.org] last year. This server uses the standard TELNET protocol to avoid the need for a custom client.
Re:Phone company (Score:2)
Isn't this what the telephone company does? It monitors who's using their network, sends people who want in a dial tone, then connects the two parties.
And haven't they been doing this for decades?
Doh! The Baby Bells vs. AOL. Coming to a court near you!
Prior art (Score:1)
not to mention ytalk and bbses
Microsoft Blah Blah Blah (Score:1)
I know I dont use it, but someone probably does, and I dont think that micro$oft will like aol doing this
yes, i know all about the finger user and talk user commands, but microsoft has power, wether we like it or not, and might be useful in this situation?
Re:Microsoft Blah Blah Blah (Score:2)
Perhaps this is what we need to get a reform in the patent system?
Filing date is not important (Score:4, Informative)
Only then.
Re:Filing date is not important (Score:2)
I am trying to believe that IRC relates to this patent, but I'm having a little trouble. It is very easy to difference between Instant Message, and what IRC is.
-BrentRe:Filing date is not important (Score:2)
you have a list of users who are online (ie irc's ison), and you can send them messages (ie irc's privmsg), and additionally there are chatrooms (ie irc's #blah)
what features am i leaving out of im?
Re:Filing date is not important (Score:2)
Interesting. Though IRC is quite different from IM systems (note, though, that it supports a superset of any current IM system), it seems that the broad overly-vague language used in patent applications is double-edged.
I.e., it's vague enough to apply to nearly everything, including prior art, though IM systems are quite different from IRC.
Re:Filing date is not important (Score:2)
This program pre-dated IRC, and it's predecessor, Relay.
A.
Re:Filing date is not important (Score:1)
Re:Filing date is not important (Score:2)
Once someone else has it out, you cant retroactivly kick them out.
However you can file for a pantent, someone copies, then patent is granted. but you have to have filed, before they have their art out.
Prior art (Score:1)
Prior art: who/rusers/talk.
This is really a joke of a patent application.
Re:Prior art (Score:3)
Huh? How does this relate to AOL's patent? The patent is more then just sending a text message to another user.
-BrentRe:Prior art (Score:2)
How about this, then?
Specifically, any technology that provides "a network that allows multiple users to see when other users are present and then to communicate with them" is covered.
There. It's the who/rusers part of who/rusers/talk that makes this patent sillier than most.
Re:Prior art (Score:3)
I've got who and rusers installed on my linux client. Now where's the network that who/rusers provides? Oh wait, it doesn't technically provide a network. I think that AOL has this patent clean.
-BrentRe:Prior art (Score:1)
Their pate(tic)nt is for a network that allows users to see and chat with eachother, any network can do that with talk and finger. Just because they have another way of doing the same thing, and perhaps doing it a bit easyer by stitching it all up in a nice GUI doesn't mean they should be awarded a patent (there is no invention there, putting to well known apps together and use another protocol is not an invention).
Granting a patent to AOL for this is bad enough, but they had to go the whole way, and make it so broad the telcos will get in trouble for their sms service.
- Ost
Re:Prior art (Score:1)
Back in 1993, I was a student at University of Illinois. Every student got a dial-up unix shell account that included such services as finger, who, ytalk, mail, etc. Finger or who would automatically query the school's master server (or some other server if you specify) to check the login status of the other person. Anyone with a modicum of scripting knowledge could make a batch file to check the status of all their friends when they execute it. Then type 'ytalk {friend}' and you're off. The most absurd part of AOL's patent is that back in '93, the most useful part of the internet for my friends and I was e-mail (not that AOL users could receive internet e-mail back then), IRC and ytalk.
The 'network' consisted of any unix server on the internet running those (free) basic services and protocols. As opposed to AOL's IM that pigeonholes you into using their server and client (hopefully they make one for their OS).
I suppose the next patent AOL will be getting is:
A universal identification system such that a user can send messages or other data via servers to any other user so that they may download it immediately if they are connected to the internet. The servers will also be designed in such a way to hold the data until the recipient is prepared to receive it at a later date.
Of course, I'm referring to e-mail.
How much is a patent worth? (Score:4, Insightful)
What he didnt say was that it probably works the other way too. A patent left undefended (in case mirabilis and microsoft decides to ignore it) is not worth more than the paper it written on.
Re:How much is a patent worth? (Score:1)
Re:How much is a patent worth? (Score:1)
What I dont understand is what they want to achieve with this. (If its just not about being as much of a hassle as possible...)
Two words... (Score:1, Informative)
That's just silly (Score:1)
OK That settles it... (Score:4, Funny)
Re:OK That settles it... (Score:1)
I patent the alternative method of letting the shit well up and go out one's mouth.
Re:OK That settles it... (Score:2)
Dude, there's more prior art for THAT than there is for patent the technology behind taking a shit.
-
Re:OK That settles it... (Score:2)
Mirabilis filed the patent (Score:2, Informative)
For that matter, the patent is not on the chatting, per se, but on monitoring who is on the chat network. That may or may not change anything, but it's not the same as 'write.'
I think ICQ will have a hard time proving that BBSs didn't have the ability to tell you who was online before that, though.
Re:Mirabilis filed the patent (Score:1)
That's why we have "finger user@machine".
Re:Mirabilis filed the patent (Score:2)
Re:Mirabilis filed the patent (Score:1, Funny)
Well, it is if you get rid of the 'rite'.
I hear that Microsoft ... (Score:2, Funny)
Re:I hear that Microsoft ... (Score:2)
Theyre 10 years too late probably. (Score:1)
Another article in Ha'aretz (Score:2)
Hebrew version [haaretz.co.il] is also available.
Patent Laws... (Score:2, Interesting)
Re:Patent Laws... (Score:2)
If you were to read the story posted at the top of this page, you might feel stupid:
Specifically, any technology that provides "a network that allows multiple users to see when other users are present and then to communicate with them" is covered.
I'm not even going mention your apostrophe, as that would be too easy.
Re:Patent Laws... (Score:2)
That's what the S is for. For example, you can have one CD or several CDs. That jewel case, however, is my CD's. What the coffee bean person was doing was using an apostrophe to notify the reader that there was an S approaching at the end of the word.
Re:Patent Laws... (Score:1)
Bitnet (Score:3)
Of course.... if I remember correctly compuserve first ran on DEC 10's running.... TOPS? Long time ago. They certainly were not the first though.
Galacticomm BBS's (Score:2, Informative)
I know I was using it around the late 80's. May not predate unix stuff but it's another prior art. From what I can tell they are still around too. http://www.gcomm.com/
Does anyone have the patent number? (Score:2)
From the descriptions in the story they haven't got a leg to stand on in court, but maybe it's a patent on some particular way to run the servers that makes them more efficient than the prior art. It's possible it is an overbroad patent, none of the earlier stuff was patented because it would have been unpatentable before the patent office decided to just let everything through and let the courts sort it out in the late 80's early 90's. Plus, in the early days of commercial software there were no big guys trying to kill capitalism, so the prior art on trivial things isn't documented anywhere an overworked, underpaid, undereducated and unexperienced patent clerk might look.
But without looking at the patent can we really just assume it's another bad patent?
I'm filing: (Score:3, Funny)
I know you're all thinking it, but I'm filing it, and it'll always be (legally) my idea.
Doesn't the Guide define USP&TO as "a bunch of mindless jerks who will be the first against the wall when the revolution comes?"
MIT Zephyr service (Score:2, Informative)
MIT had an instant messaging service called Zephyr [mit.edu] when I was an undergrad there starting in 1989. And MIT's Project Athena [mit.edu], from which the Zephyr service was developed, started in 1983.
-FP
timeline (Score:1)
1970's on a Data General Nova + Teletype (Score:1, Insightful)
I think most people would think of this its too obvious. Other schools were using this computer from remote so we could chat with other schools.
One of the gamer dudes wrote a game you could play with others via "chat" so there goes the patent for that!
It's a OBVIOUS use for a computer network of any kind (terminals wired to central system is a network, sort of)
SCREW YOU AOL!!! WE DID IT FIRST!!! HAHAHAHA
Broadcast for Macintosh (Score:2)
Have a look at some screenshots [uiuc.edu]. (the Mac version is up front).
For those unfamiliar with the Chooser, in the upper left you select your tool, in this case Broadcast. Then you select your Zone, in this case departments (automatic buddy lists, you might say...). Then you select your chatee. You double-click the person, type in your message, and click send. If you want to hear back from him, you check the 'receiver' button. If you want to be able to get messages while other programs are runinng (this is late 80's, after all) you click 'Background'. Easy. Simple. Done. Prior art.
Not what you might think.... (Score:5, Informative)
These conclusions are invariably wrong. What a patent covers is described in the claims, and nowhere else. If you don't read the claim, you don't have a clue as to what a patent covers.
Reading the actual claim in this case, it is quite clear that AOL's patent is not affected by prior art such as BBSs chat systems that don't require a communications network. Nor is functionality like Apple's broadcast because the users are tied to specific machines. IRC also relavant as it does not maintain a list of users that you are interested in talking to, an notify you when they go online.
Following is Claim 1, what AOL actually has a patent on:
What is claimed is:
1. A communications system comprising:
a communications network;
a multiplicity of communications terminals which are connectable to said communications network and which can be employed concurrently by multiple seeking users and multiple sought users to communicate via said communications network, wherein each user is identified independently of a given communications terminal address by a unique identification code predefined for said user, which code is independent of which of said multiplicity of communications terminals that user is employing;
a monitor operative to monitor whether or not a user is connected to said communications network; and
an annunciator operative to annunciate to a seeking user, currently connected to said communications network via any of said multiplicity of communications terminals, network connection status information relating to other users who are in a list of sought users which list includes identification indicia of the sought users, which list is defined by and sent by said seeking user without using verbal requests, and for providing to said seeking user the current network address currently assigned to each of said other users for that other user's current connection to said communications network;
a user communication selector enabling the seeking user to establish communication with at least one sought user on said list.
Re:Not what you might think.... (Score:2)
That's what the ISON command is for, most clients do have a notify function. Just because almost nobody uses it anymore doesn't mean it isn't there.
-- iCEBaLM
Re:Not what you might think.... (Score:2)
Re:Not what you might think.... (Score:2)
The Major BBS (Score:1)
Text of the patent... (Score:2)
Abstract:
Surely IRC predated this (Score:2)
You could also say of course unix talk + finger + who, but those are seperate tools. IRC is an integrated chat client/server system that does everything they've patented about IM.
Is there prior art on this? (Score:1)
Shit. There's at least 536 cases of prior art in Congress, one in Jack Valenti's office, and one in Hilary Rosen's office.
What the heck?? (Score:1)
The next patent... (Score:1)
Prior art from 1992 (Score:1)
Possible solution to patent problems? (Score:1)
1. Company X wants to file a patent asserting that they own IP rights to Idea/Product Y.
2. At the time the patent application is filed, Company X is legally obligated to place $10 million US (or some other suitably large amount) in an escrow account. Without this escrow deposit, the patent is considered as not having been filed.
3. If the patent application is rejected or if it is granted but later successfully challenged (on prior art, obviousness, etc), that $10 million instantly goes away, as the escrow company gives it to the government.
This system would still allow corporations to have IP for things they truly invented, but would make it financially suicidal to file a patent unless they were CERTAIN they deserved it. It would put the responsibility for discovering prior art on the filing corporation. (Ideally, the PTO should have the responsibility, but the corporations have the money and incentive to be much more thorough.)
What do you think?
Also, how can we solve the obvious problem with this idea, that being: ordinary people couldn't file a patent on a new idea if they had to put up $10 million, so where can we draw some lines between the megacorps and bright individuals?
Re:Possible solution to patent problems? (Score:2)
I think a better solution would be to require the applicant to file a research showing examples of similar prior inventions, and how the invention they're applying for is unique. If a prior art becomes available the owner of the prior art can then hold the applicant liable for damages, based on the applicant's investment/return rather than the prior art's return (so the penalty relates to the amount made through mischief)
imho
Prior Art....this one should be easy to revoke... (Score:2)
Humm Quickly...
Unix Talk and IRC jump out at me.
Bad patent Office, no cookie.
A much closer prior art example... (Score:2)
...is ewtoo and Playground (pgplus.ewtoo.org). These are telnet-based chat systems that allow people to inquire, and be informed automatically by creating lists, of the connection status of other users, and to exchange messages with them.
ewtoo (and cheeseplant's house) were running from '92, and the source of Playground+ is available at http://pgplus.ewtoo.org - PG was released in 96 as a quite late derivitive.
There are hundreds of these talkers and many are far order than ICQ, and still run today - eg: telnet://valdemar.org:2345
So yes, there is prior art that exactly matches this patent to the smallest detail.
Copyrights for ideas, patents for physical things (Score:1)
$ talk someuser
Would that be covered too? Is my Linux box suddenly no longer free? Will I need to pay royalties to AOL?
I ask you, is AOL trying to protect and profit from AOL Instant Messenger, or are they trying to siphon license and royalty fees out of the developers of all the other IM systems?
I just cannot believe how woefully unsalvageable our Patent and Trademark Office has become. I believe that patenting software techniques should be forbidden internationally. I'll stand up for copyrighted source code, but not patents. Computer systems are designed to be multi-purpose, and so they uniquely lend themselves to overly-broad patent creation when people attempt to patent a technique they implemented within a computer.
Somewhere there has to exist a more articulate commentary on what I'm trying to say. I think it's appropriate to patent the specific computer system itself, but not the software techniques used to do work with it.
Patents were designed to protect innovators and allow them to profit from their development work, not as a means of making money by trying to subvert the work of others.
hmmm... (Score:2)
PowWow (Score:1)
Mirabilis wasn't first.
What ever happened to prior art?
--
software pantents make me want to kill (Score:1)
Forget about "talk", what about MIT's Zephyr (Score:2, Informative)
It has been in use in other major universities including Caltech and
Stanford.
This system is called Zephyr.
http://web.mit.edu/answers/zephyr/
http://web.mit.edu/olh//Zephyr/
There is a web page that describes the similarities and differences
between ICQ and Zephyr (and notes that Zephyr came first)
http://web.media.mit.edu/~kkarahal/generals/VSpac
The differences are subtle and probably inconsequential;
I believe the similarities nullify the value of the patent.
Friends-Find application on Novell covered this (Score:1)
I believe the "friends" program is prior art that relates directly to the claims in AOL's patent. If someone with more knowledge of old Novell apps could find more concrete evidence, perhaps MSN, Yahoo, and others could use that evidence to mount a challenge to AOL's patent.
Re:Good for AOL! (Score:3)
I will admit that one of virtues is sarcasm, in this case I am completely serious. My last comments on the instant messaging subject have probably already been archived, but those that know me know that I believe in strong intellectual property rights especially in the Instant Messaging realm.
I don't see how you could claim I was ignorant, just because AOL got a patent the rightfully deserved.
Ok, I did have some sarcasm. Sort of. AOL didn't file the patent, they paid $2xx million dollars for it. But I still don't have any problem with them having or enforcing it.
-Brent