Microsoft Patents Your Local Weather Report 437
theodp writes "After a seven year wait, Microsoft was granted a patent Tuesday for the Customization of network documents by accessing customization information on a server computer using unique user identifiers, patent lawyer-speak for using preferences stored on a server for such purposes as "displaying stock quotes for the companies in which the user is interested, and displaying the user's local weather report.""
Hype (Score:5, Interesting)
Nothing like a story involving Microsoft to bring out the haters. Nothing like patents to bring out the righteous indignance. The problem is, most Slashdot readers don't know much of the law behind patents, how they're written, and how they're challenged. Largely, they think if a patent claims something, and the patent is approved, then the claim has force of law.
The fact of the matter is, patents are structured with a series of claims, as you can see in the linked article. Claims are the only thing with meaning in a patent. The rest is provided for reference, clarification, and simple defence. So the only thing of true importance in this document are the claims, near the top.
Secondly, wildly broad claims normally start, and increasingly narrow claims are made as one works down the ordered list. Therefore, the first thing you claim is going to be ridiculously broad. Generally speaking, the first few claims in a patent are not serious attempts to patent something. The last few claims are the ones of importance. And, what do you know, the title of the patent is...the first claim. So before anyone flames Microsoft, have you read claims 11-20? Oh, there's still plenty to complain about, but not as much as the article writer implies.
Re:Hype (Score:5, Insightful)
Computer technology changes far too quickly. 20 years protection on a software patent allows far too much protection for the 'inventor' (who decreasingly *is* the inventor, and usually just the first to file) and not enough benifit for the public.
Re:Hype (Score:3, Insightful)
Taking two existing ideas and combining them into one should be a no go as well. Storing of preferences FAR predates computers, hotels and retai
Blow me down! (Score:2)
Re:Hype (Score:3, Troll)
And therein lies the problem. Because the patent office granted this patent, that first wild claim is enforceable. Patent law says that every claim individually is protected (we went through this at work when we were sued, trying to find a way out). And knowing microsoft, and the huge amount of money they have fo
Re:Hype (Score:2)
Re:Hype (Score:3, Interesting)
Only in the context of the rest of the claims. It's clear from your comment that you don't know the whole story of what happened at your place of business.
You can't count the number of patents that have something as generic as "An electronic device" as the first claim. That doesn't mean the patent covers all electronic devices. The first claim is limited by the later claims.
Re:Hype (Score:5, Informative)
Read the complete text. Otherwise you might think I'm tricking you into something. (1)(b) proves you wrong:
(1) The claims shall define the matter for which protection is sought in terms of the technical features of the invention. Wherever appropriate claims shall contain:
(a) a statement indicating the designation of the subject-matter of the invention and those technical features which are necessary for the definition of the claimed subject-matter but which, in combination, are part of the prior art;
(b) a characterising portion - preceded by the expression "characterised in that" or "characterised by" - stating the technical features which, in combination with the features stated in sub-paragraph (a), it is desired to protect.
(2)46 Without prejudice to Article 82, a European patent application may contain more than one independent claim in the same category (product, process, apparatus or use) only if the subject-matter of the application involves one of the following:
(a) a plurality of inter-related products;
(b) different uses of a product or apparatus;
(c) alternative solutions to a particular problem, where it is not appropriate to cover these alternatives by a single claim.
(3) Any claim stating the essential features of an invention may be followed by one or more claims concerning particular embodiments of that invention.
(4) Any claim which includes all the features of any other claim (dependent claim) shall contain, if possible at the beginning, a reference to the other claim and then state the additional features which it is desired to protect. A dependent claim shall also be admissible where the claim it directly refers to is itself a dependent claim. All dependent claims referring back to a single previous claim, and all dependent claims referring back to several previous claims, shall be grouped together to the extent and in the most appropriate way possible.
(5) The number of the claims shall be reasonable in consideration of the nature of the invention claimed. If there are several claims, they shall be numbered consecutively in Arabic numerals.
(6) Claims shall not, except where absolutely necessary, rely, in respect of the technical features of the invention, on references to the description or drawings. In particular, they shall not rely on such references as: "as described in part
(7) If the European patent application contains drawings, the technical features mentioned in the claims shall preferably, if the intelligibility of the claim can thereby be increased, be followed by reference signs relating to these features and placed between parentheses. These reference signs shall not be construed as limiting the claim.
Re:Hype (Score:2)
Not hype (Score:3, Funny)
Re:Hype (Score:3, Insightful)
From the last claim: "A method of providing customized documents to multiple users on client computers; the method comprising the steps of:
obtaining customization information from a first client computer;
This isn't broad? That's huge.
And patents effectively give the holder a monopoly on the idea. "The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to
Re:That's What Patents Are For... (Score:3, Insightful)
Actually, patents were invented to promote what today is called "piracy". It began in the early renaissance with glaziers and silkmakers; governments granted them exclusive national rights to the industry in return for their ripping off foreign inventors' processes. It was only later expanded to include genuinely "novel" inventions, but patents' national character still allows the original intent of reducing imports by ripping off foreign ideas.
Re:That's What Patents Are For... (Score:2)
Not the only way, just the way with the most appeal to the most people. Besides, gving it all away RMS-style just results in stagnation since only RMS-style oddballs will have an incentive to invent. (Even that's dubious: Open source software is mired in swamp of conservative me-tooism primarily because there's little real incentive to make something
Re:That's What Patents Are For... (Score:3, Informative)
I guess we're all sharing a mass hallucination! We can't be reading a website, because Tim Berners-Lee would've never invented the WWW if he wouldn't get a patent on it.
did Edison acquire a monopoly on the idea of the light bulb? No, just a particular implementation.
Well, Edison didn't have the lightbulb patent, it went to Joe Swan.
But even pretending he did, your claim is still incorrect.
Hype-itty Hoppe to the Money Shoppe (Score:2)
So why are those claims put in?
Probably in the hope that they'll be taken for real and meaningful and upheld in the courts.
If they're never upheld in the courts, why bother? Are you saying that meaningless bullshit belongs in the patents? Then you're far from upholding your own thesis which seems to be that there is something meaningful (ie not meaningless) in the process. On the other hand, perhaps it is t
Re:Hype (Score:2)
Exactly correct. The
Read 'em (Score:5, Informative)
I've read the 20 claims. None of them contradict the idea that any news site's weather report could meet any and all of these claims.
1 describes a an abstract computer connection with persistant state and cookie setup and use - it is actually the most specific claim
2 describes the storage of the cookie on the user's system
3 clarifies that the cookie can help identify the connecting system
4 states that HTML is used
5 states that the cookie will contain data about user preferences relative to the site
6 states that information in the cookie may relate to one or more of the following: news, sports, financial matters, entertainment, science and technology, life, and weather
7 states that the form to select preferences will be in html
8 says that the internet may be used in this system
9 says that they may database user information
10 URL's may be used to state addresses
11 cookies may be used to send custom data to the user
12 the cookie can be used to identify the user in step 11
13 the cookie may (again) store this identifier used in step 11
14 again, the user may use a form to set preferences
15 again, topical groupings may be used in this form
16 again, this can take place on the internet
17 this process uses a client-server model, with cookies
18 requests may be cached along the way (happens on any network)
19 again - there is code that allows content to be customized based on the cookies
20 different computers may have different cookies, and they can both still access the system
Note: I have intellectual property lawyer relatives I speak with, yet I am not a lawyer myself.
Ryan Fenton
Re:Read 'em (Score:2)
I'll admit to not reading anything more than your comment before writing this.
Re:Read 'em (Score:2)
From lawnotes [lawnotes.com]:
Doing it without HTML will infringe all valid claims except 4 and any that reference (directly or indirectly) claim 4.
These may be invalide, but also note:
A defendant can avoid liability by proving that every infringed claim is invalid. It is the defendant's burden of proof; the patent owner need not prove that the infringed claims are valid.
This las
Re:Read 'em (Score:3, Informative)
Like I mentioned in an another comment this is rather bullshit as a patent is supposed to be applicable only to the specific implementation described in the patent. Infringing on a part of a claim should not really be considered a specific implementation of that particular patent since it has other relevant things in it too. If someone has a different implementation of the same
Re:Read 'em (Score:2)
Re:Read 'em (Score:2)
You must be new here.
Re:Read 'em (Score:3, Interesting)
Disclaimer: IANAL, this is not a legal advice, I don't know what I'm talking about, you are on your own, talk to your lawyer, etc. etc. etc.
Here's how I see that it may not apply to all websites: if a website asks user to create a username and password (an account on the website) and customize that
Not as much? (Score:3, Insightful)
That's from the description, which translates claims 1-20 into real English. It sure looks to me like they'
Re:Hype (Score:4, Insightful)
The fact of the matter is, OldMiner, that each claim of a patent can be considered as an individual patent. Each claim serves the purpose of notifying the public the scope of the monopoly rights granted to the patentee.
As a member of the public I am compelled by law to assume each and every claim is valid... not just claims 11-20.
Claim 1 - whether it is valid or not - requires the public to take action (design around, take a license, etc.) and exposes the public to risk if they ignore it. Even if MS chooses to not enforce the claim, the act of granting it causes economic harm.
The patent office should not grant patents containing "widly broad" claims. Period.
Costs! (Score:2)
Slashdot in violation? (Score:3, Insightful)
Lets just take Slashdot. The server has state. It knows who I am and I can leave a cookie on a system so that Slashdot can know that I am the normal user on that system. Slashdot tailors its output depending upon my stored pre
Re:Hype (Score:2)
And the Microsoft apologists, apparently...
I took you up on your challenge. Claims 11-20 seem to limit this patent to HTML. Thank God. Now we know they won't be suing us over customising all of our non-HTML documents, since no server utilised by the Open Source community ever serves up customised HTML documents.
I guess since Microsoft has a long history of obeying th
Re:Hype (Score:2)
11. obtain the HTML customization info from the user and store it on the server. also assign a unique userid to the user.
12. determine the unique id on the server and sent it back to the client
13. the unique id should be returned as persistent information
14. give the user a pretty HTML form to enter in their preferences
15. add configuration groupings to the form so it's easi
Re:Hype (Score:3, Insightful)
Hmmm... I have read claims 11-20. There is as much as the writer implies. To sum up their claims:
On first visit to a website, return a session cookie.
Associate this session cookie with preeference information stored on the server, as configured by the user on a preferences setting web page.
Customize the web-site based on this.
Do this for more than one visitor at a time.
These claims, if enforced could make the web Microsoft's own little feifdom. What makes it most frightenin g is the filing date. Was
Re:Hype (Score:2)
http://www.lawnotes.com/patent/claims.html [lawnotes.com] for some details. I obviously cannot vouch for the accuracy, but I'd guess it's pretty good.
Basically the broad early claims do have force (unless deemed unenforceable or whatever by a judge.) Certainly infringing on claim 1 in the MS patent in question is enough to bring a lawsuit, and then you'd need a few $m in the bank just to fight off the patent (which is enough to intimidate, even if the patent does not hold up in court.)
I agree with many
Re:Hype (Score:2)
got to love the one MS is being sued for... (Score:2)
That story details a patent which is far worse. I see the patent presented by Microsoft as simply another protection mechanism.
Yeah it looks silly when you do the 2 minute analysis. Yet, when looking down into the history of patents and litigation it just becomes insulation.
Typically you get these nice little lawsuits, counter lawsuits, and then everyone settles confidentially with swapping of related patents and such.
If anything, I would not be mad a MS for ge
more please (Score:2)
Re:more please (Score:2)
Re:more please (Score:3, Interesting)
As a matter of fact, engineers are encouraged *not* to do a patent search. Having seen the patents that you'll probably infringe on anyway just proves intent, making the penalties worse. It's much better to infringe by accident.
Forums? (Score:2)
<sigh>
Madness, utter madness...
Re:Forums? (Score:2)
Maybe years, yes. But MS filed this claim 7 years ago. Sounds a bit like cookies to me, though. They were invented by Netscape many years ago...
Is it just me, or did they just patent portals? (Score:2)
I read the article, and here's is how the abstract reads:
User-selected customization information for a network (e.g., HTML) document is stored at a server with reference to user identifying information that uniquely identifies the user. Whenever the user navigates back to the network address of the HTML document, the user is identified automatically and receives a customized HTML document formed in accordance with the customization information.
I'm not legal expert, but it sounds as if they just patented
Patenting "cookies" (Score:2, Funny)
Still, is this an "invention"? is this patentable? How many people here think Leibnitz should have patented integration by parts?
No it is patenting 'remember me' (Score:2)
Seems like an obvious solution to me, but then I am a web developer not a patent clerk.
Re:Patenting "cookies" (Score:2)
To the best of my recollection, Netscape introduced cookies to browser technology, not MS.
Screw weather report, it covers POP3... (Score:3, Interesting)
American patent system is scary stuff...
Robert
I'd like to patent... (Score:5, Funny)
Anyone who uses the Wheel group will have to pay me royalties for use of the name.
friction IS NOT a function of the area... (Score:2)
Re:friction IS NOT a function of the area... (Score:2)
But really, does your fuel economy go up or go down with under-inflated tires? It goes down. Why? Inflated tires have a larger surface area.
Next example. Take a 5 pound block. Now, pull the block across the table. That was a bit of work. Take 2 wooden dowels and glue them to the bottom of the block. Now pull. That was a lot easier, even with the added mass of the "skis".
Why are aircraft round instead of square?
Your article
You're an idiot. (Score:2)
Well, first off, we need to clear something up. Wheels certainly do reduce friction costs on motion, but not by reducing surface area. They do so by turning. The bit of rubber touching the road shouldn't be moving much relative to the road. The force from friction is precisely what's moving the car forward. A car is supposed to have great friction between wheel and road - again that's how it moves. This also explains why "braking" relies mainly on "stop
Re:I'd like to patent... (Score:2)
That takes balls. Oooo another patent on bearings...
wow (Score:2)
Mid 80's BBS? (Score:2)
I think this was in 1983 or 1984.
Of course CompuServe did this in a bigger way as well as many other online providers. Anyone remember Quantum?
Re:Mid 80's BBS? (Score:2)
Don't Blame Microsoft (Score:3, Insightful)
They put the obvious... (Score:2)
This is actually a patent for the use of cookies to alter web content for individual users.
I'm a bit peeved because all of my websites do that, and they have been doing it for years. I will be more than happy to join a suit claiming prior art. I've been programming with cookies since at least 1999. (And yes I have written my own cookie implementations, and modified the cookie systems on the Tclhttpd.)
Re:They put the obvious... (Score:2)
Secondly I would bet your pages don't infringe. Do you organize your customization form by topics like News, Life, Technology, or Weather? If not you're in the clear.
Would anyone like to take a vote... (Score:2)
Greed. It's NOT good. Do the world a favor, and don't listen to your lawyer for moral advice. Just because you CAN get away with something obviously seedy like this, doesn't mean you should.
Incredibly specific patent (Score:2)
You must provide the user's identifier on the server side. This means that if you use a user entered login name as the database index for the customization information, you're safe.
The server side user ID *must* be stored in a cookie.
Only HTML is covered. (I.E. not XHTML).
Only HTML forms are covered.
Customization options must be catagorized under headings, and the only headings covered are news, spo
Re:Incredibly specific patent (Score:2)
"...in which the network document includes an HTML format..."
XHTML is an HTML format. If the patent said "in which the network document includes *the* HTML format", then you might be right. But the patent is not specific enough. Any document that contains any kind of HyperText Markup Language format is covered by this patent.
Re:Incredibly specific patent (Score:2)
Not any HTML document. It still has to fit the rest of the terms.
Re:Incredibly specific patent (Score:5, Informative)
The reason for this is that if someone can defeat claim x (for being too broad), the patentee can still try and fall back on the more limited claim in (x+1).
Furthermore patent claims are read purposively. Thus for example if a patent for invention specifies a vertical support, then you can't evade the patent by using a support 1 degree off vertical, unless you can establish that the invention patented truly requires absolute verticality. In this situation, a judge would probably rule that a patent covering HTML implementation would extend to XHTML and any other mark-up language that can be read by a standard web browser, since obviosuly the purpose of specifying HTML is to cover such documents.
One saving grace? (Score:2)
The above claim is one of the only entries that tries to narrow down the patent from being for any client/server/databased user prefrerence system.
But, it's not much of a saving grace. It states that the groupings deal with *one or more* of news, sports, money, entertainment, science & tech, life an
So.... (Score:2)
Lots of infringement (Score:2)
Boy is this bad news.
MAD (Score:2)
The cold war brought us opponents with arsenals so fearsome that no sane person could use them.
With what's been going on in the software and business practice patents, we're coming to the same kind of brink (Eolas, this, the Amazon one-click, etc.).
Enforcement of some of these patents would bring destruction onto large parts of the economy, only for the sake of a system that was originally meant to give innovators just enough incentive to keep innovating, so that society at large would benefit in the lon
Bigger threat (Score:2)
Re:Bigger threat (Score:2)
large software companies are doing layoffs, due in part to OSS.
That has to be weighed against the benefit derived by consumers of software.
Exactly the same argument could be made about lost jobs in any existing industry where there are artificial barriers in the marketplace.
If solar photovoltaic cells were suddenly available that produced electricity for US$0.005 /kW-hr, a lot of good people in energy producing industries would lose their jobs, too. And if I were one of them I'd be put out. But overall
Re:Bigger threat (Score:3, Interesting)
I would also like to dispel the myth of the OSS developer as one who sits around and has nothing better to do than code. I am an OSS developer, but I have a wife and kid. They need food, clothes, and all those ot
Re:MAD (Score:2)
There are deeper issues to be considered, mostly about the role of "property" in a world filled with billions of people and only so much dirt to go around. At the risk of sounding like a communist, you really can't go on keeping this o
Uniquie? (Score:2)
- good job I never use "uniquie" identifiers.
Interesting References Cited (Score:2)
The point behind references is to show items upon which the patent built, and by being in the references it can not be used as a prior art argument. However, the converse is that the techniques used in referenced items are not p
they also got a patent on web services yesterday (Score:2, Interesting)
it looks like the same patent examiner also granted them a patent on web services yesterday.
patent 6,632,249 [uspto.gov]
who is stephen s. hong?
Re:they also got a patent on web services yesterda (Score:2)
Okay, more like those fortress of doom armories in action movies.
The patent you listed only describes web-content generated for application dialog boxes, using DHTML and another of their patents for something called "TRIDENT." It's so specific a
In Other News (Score:2)
Next thing you know, Gates and Ballmer will be licensing the air we breathe.
Re:In Other News (Score:2)
Nose Pirate!
...using uniquie user identifiers (Score:2, Funny)
I hope they haven't patented their spell checking software.
Slash (Score:2)
Wouldn't this already be covered... (Score:2)
Prior Art? Now what? (Score:2)
"What about [big obvious example]?"
"Haven't they heard of [lesser known example, generally an Open Source project, or something that has been in UNIX distributions since time immemorial]?!"
"I remember I used to use [Obscure example from the days of yore] and it did basically the same thing"
But what do you DO with this information? It s
Re:Prior Art? Now what? (Score:2)
If you're not involved in a legal action involving the patent, probably not much. However, posts about prior art can be handy for people involved in legal action (or threatened action) on the patent. At a small company where I once worked, we'd occasionally get threatening letters from people claiming to have patents on some fundamental (and usually obvious) piece of technology in our industry. Even worse, sometimes our customers would get threatening lette
Not just weather reports and stock quotes (Score:2, Interesting)
In a nutshell, it covers the universal mechanism of delivering user-specific dynamic web content: tag the user with a unique ID (usually by way of a cookie), then use this ID as a lookup key into a database where user-specific settings reside (which the user provided at some earlier point by submitting an HTML form), then deliver HTML pages that are customized based on the stored user information (e.g. "This page was generated by a Barrel
New Microsoft Patent (Score:2)
sounds a lot like ASP... JSP/PHP at risk? (Score:2)
Cookies are required, at least for ASP and JSP, as this is used for authentication and identification. I don't know about PHP, as I've never tried to turn off cookies and use it.
The "customization options" are basically a request. In their example, if you only want to see weather, sports, and news, you would check those three boxes on an HTML form page and click submit. The returned web page o
Re:The Borg are on the rampage! :-) (Score:2, Informative)
It may just be a throw away comment on
Re:The Borg are on the rampage! :-) (Score:2)
I even tried using Google to find the correct spelling and couldn't.
Re:The Borg are on the rampage! :-) (Score:2)
Re:The Borg are on the rampage! :-) (Score:2)
Do you mean "Locutus"?
Re:That figures (Score:2)
*Pictures self running around a chocolate heaven dancing.*
Re:What I fail to understand is... (Score:2, Interesting)
IE, the US patent system is truely a 'first to file' patent system. Patents will generally be approved even if somebody can demonstrate that they had 'prior art' but failed to patent it.
It's a nice way of facilitating an extra advantage to the markets' status-quo leaders
Re:What I fail to understand is... (Score:3, Insightful)
According to the US Department of State [state.gov]
"The United States is unique in its approach to the allocation of patent rights. In the United States, patent rights are granted to the 'first to invent' rather than the universally accepted approach of the 'first to file.'"
"...what constitutes prior use or public knowledge -- 'prior art' - differs considerably [in the US] from standards commonly adopted elsewhere. Although subject matter described in a printed publication or patent wi
Re:What I fail to understand is... (Score:2)
But
If you challenge a patent in court, prior art is of course, documented prior implementation. However, this introduces an inherent weakness i
Or the Bill Gates Way... (Score:2, Funny)
Sorry, but somebody had to say it.
----
Re:Reality Check (Score:2)
Re:Another absurd patent (Score:2)
They will eventually patent "ideas to make money" so if you have an idea on how to make money.. they own it.
They will probably name it "Process of coming up with ideas to make money".
Re:obviously crap (Score:2)
Re:Did you even read the patent? (Score:3, Informative)
Re:FUD title (Score:2)
Uh. Yes. Precisely. The use of the "weather report" example was to highlight exactly how extensive the patent could be. In patents, as in most of the law, precedent is everything. If Microsoft has received a patent for delivering customized content to a user based on a cookie-delivered user ID which enables the server to push back customized content based on that user ID, then MS could potentially use
Re:Fer chrissakes! (Score:2)
Re:Fer chrissakes! (Score:2)
Re:prior art (Score:2)
Re:All you lawyers out there... (Score:2)
Just 10 more years left. (Score:3, Informative)