MS Seeks To Patent Education-Feedback Software 197
theodp writes "The USPTO disclosed Thursday that Microsoft is seeking an early childhood education-related patent for Providing instructional feedback to a user, which the software giant says covers the use of computers to teach little tykes to form the letter 'b', make a 'ch' sound, and divide 321 by 17. Let's hope LeapPad-toting preschoolers are indemnified against Microsoft lawsuits." "Unstructured" is the key word in this patent, which (like most) is written in language that does more to obscure than illuminate. Just how structured was Mavis Beacon Teaches Typing? How about GCompris?
What a Downer! (Score:5, Interesting)
May it be rigorously enforced for the good of humanity.
Re:What a Downer! (Score:2, Informative)
What prior art? (Score:2, Informative)
Re:What a Downer! (Score:2, Interesting)
Microsoft will only use this patent to increase the strength of legal threat against any specific (and in M$' opinion poor) entity that competes against M$.
"According to our lawyers, your product violates seventeen separate patents held by us, listed herein:"
It may very well be that every single one is superfluous, but very, very few entities have the kind of bucks necessary to successfully legally challenge the grounds for
Re:What a Downer! (Score:2)
(Tongue in cheek) Mind you if kids lose out on a good education they might be dumb enough to keep buying Microsoft software
Clippy.... (Score:2)
Thankfully now no-one will use a clippyesque helper .
Oh great! (Score:3, Funny)
Now? (Score:2, Funny)
Re:Oh great! (Score:3, Interesting)
First, the biggest threat is to "simulation" education, not regular teaching systems, and it looks like they are trying to patent a simulator. As the world becomes more complex, many things will be better taught by simulation than rote learning. The images didn't work well in Mozilla, but I get the impression that MS is proposing a stand alone unit over the broad scope of the early claims. IBM and Control Data may have the "prior art" for s
Re:Oh great! (Score:3, Insightful)
Microsoft is attempting to patent all intelligent systems. Their patent would essentially given them rights to any system that has a robust linguistic system and some sort of task oriented backend that explains things to people.
As a computational linguist who's interesting in making peoples lives better (through things that would fall under this patent), i think this would be a really horrible stifling idea. As a result i'm glad that the patent is so stupid, because i'm sure i
Good move! (Score:5, Insightful)
If only...
Re:Good move! (Score:2)
Sleazy, dispicable, under-handed, and cheap... (Score:5, Insightful)
Write your congressman and plead for reform.
The worst of it is... (Score:2)
Not living in the US, I don't have a congressman to write to and yet, ultimately, these patents will affect us here in the UK.
Perhaps if we were to become the 51st state, at least we would be able to properly lobby for reform. (Although, right now, 'A fate worse than death' springs to mind).
Re:The worst of it is... (Score:2, Funny)
Oi, Australia is the 51st state and don't you forget it mate!
Re:The worst of it is... (Score:2)
Yeah, like that will ever work when 90% of British politicians beleive we are already the 51st state
Re:The worst of it is... (Score:3, Interesting)
It is also of note that the current UK government is all-for patent reform. ie: adopting the US standards.
Re:Sleazy, dispicable, under-handed, and cheap... (Score:4, Interesting)
I hate to break it to you but it won't help. Your congressperson doesn't give a shit about you. Read this [usatoday.com] article. Here is a quote.
While all 435 seats in the House of Representatives are up for election in November, the truth is that only about 25 to 40 seats are truly contested
So unless you live in one of those 24 t0 40 districts your congressmen gets re-elected automatically. As they say their only risk is to be caught with a dead girl or a live boy.
MS is bribing them, they know they will get re-elected no matter what.
When push comes to shove they will simply say that if you vote for their opponent gays will marry and terrorists will kill you and voila! They will get re-elected. Your neighbors are dumb and are much more concerned with preventing gays from being married then patents.
Re:Sleazy, dispicable, under-handed, and cheap... (Score:2)
Re:Sleazy, dispicable, under-handed, and cheap... (Score:2)
There is no such thing as democracy anymore. All the districts have been organized to make sure of that.
Re:Sleazy, dispicable, under-handed, and cheap... (Score:3, Funny)
Re:Sleazy, dispicable, under-handed, and cheap... (Score:2)
Next thing you know... (Score:2, Insightful)
Re:Next thing you know... (Score:2)
Re:Next thing you know... (Score:2, Insightful)
Patent law firms make MORE MONEY if they process your patent than if they explain to you why your invention cannot be patented.
So it is the job of the patent attorney to rationalize away such things as prior art or existing conflicting patents, rather than to seek them down and prevent the conflict.
This works since the firm that processed the patent doesn't have to defend it if it is challenged in court.
Just follow the money...it's all quite plain...
Another one (Score:5, Insightful)
In my opinion, it should be protected like books (and such) by copyright law only. If I can recreate the same effect without seeing your code, I can't see how your patented software is innovative. 'Normal' inventions are a different story altogether; they can be disassembled, reverse engineered, etc. (Ok, Java code too).
Its not about ' code duplication' (Score:3, Interesting)
Should simple concepts be patentable? I donno, but should people be able to profit off their ideas, yes....
Re:Its not about ' code duplication' (Score:2)
I'm sorry, I have a patent on the concept of keeping and bearing arms. Please surrender your weapons and munitions immediately.
Re:Another one (Score:2)
Re:Another one (Score:2)
The fact that you haven't seen your patented MMI technique used anywhere doesn't mean no one has thought of it, and if the USPTO grants a patent on it doesn't mean it should have been patentable. I mean, you say so yourself: it seems very obvious. Would it seem very obvious to someone else skilled in the art of programming interfaces who was
Re:Another one (Score:2)
No Way (Score:5, Insightful)
I know little about patent law, but as an educator, the world is filled with many prior attempts (some very successful).
Anyhow...
Re:No Way (Score:2)
Does Microsoft care? No.
Should anyone else care? No.
If you are ever threatened over it, refuse to pay for the right to do whatever it is (or pay, if you feel it isn't worth the hassle), and if you get taken to court over it, go ahead, prove prior art (and complete absurdity.. come on, patenting feedback / double-click / to-do-list / tab to swap between hyperlinks in a brwoser, etc... Piss off MS) and their pa
Re:No Way (Score:2)
Yeah, that's how I feel. [readsay.com]
This patent is horseshit. (Score:3)
Their patent is bullshit.
This is really funny (Score:5, Funny)
Re:This is really funny (Score:2)
Re:This is really funny (Score:2)
Post dept (Score:3, Funny)
what about tachers (Score:3, Insightful)
And I thought parents and teachers were the ones to provide instructional feedback to the us... uhm, sorry child.
As regarding MS & patenting: nothing to say here,
Prior Art - The Graffiti Tutor (Score:2, Interesting)
And, these much older teaching tools are also obviously too structured and not prior art!
Madlibs, a game from the Apple II days! - Obviously too structured.
Lemonade stand - Apple II
. . . Other examples, too numerous to waste time on! There is so much prior art on this, that maybe it will wake someone at the US Patent Office up!
Very Prior Art (Score:3, Insightful)
Speak and Spell? (Score:4, Interesting)
Re:Speak and Spell? (Score:3, Interesting)
Re:Speak and Spell? (Score:2)
but those have structure... infact, the only way to get unstructure input would be to hook up a radioactive sample to the machine...
Re:Speak and Spell? (Score:3, Insightful)
Once a patent runs out, it's supposed to be in the public domain. Further, a patent isn't necessary. Simple publication is enough to get it into the public domain. Patenting *delays* that process. Public domain prior art is supposed to be as useful against a patent as patent prior art.
Of course, in practice, the system does not always work that way.
Yawn... (Score:5, Insightful)
Wake me up when one of these is upheld in court. That will be news. The patent office still hasn't even approved this one (and with its current rate, it will likely take a few years before it is).
I can apply for a patent for starting a fire with two sticks. Its even possible the patent office will rubber stamp it a few years later. But it is meaningless because there is no way a judge would accept it.
Re:Yawn... (Score:2)
And if the patent is ruled invalid, I doubt that MS would end up paying court costs, because you couldn't show malice. If the USPTO said that they had a good patent, then they have a perfectly legal right to act as if it really IS a valid patent. Even if what they pate
Re:Yawn... (Score:4, Insightful)
I believe the common practice is to use these patents as bargining tools with other companies. Such as "I want your patent for really cool item, so I'll trade you rights for really cool item for the rights to all this crap that I got through the patent system." It really isn't going to be worth it to go after small companies, especially when the patent is such that even a novice lawyer could defeat you. Also they can point to their long list of patents for pride reasons.
I can tell that while I was working at a certain large company with an extensive patent portfolio (not MS, BTW), they encourage their employees to seek patents for anything they think might be novel. Otherwise someone would likely come up with a real patentable idea but fail to report it thinking that it isn't worth it.
Re:Yawn... (Score:2)
Ohhh yeah, here's a chance to bleed them dry! With $50B in the bank, they probably can't afford any more than 50,000 of these lawsuits before they run out of cash.
I believe the common practice is to use these patents as bargining tools with other companies.
Or use threats of litigation to nip any new potential competitors in the bud while they're still small. This will become increasingly important since Microsoft is now under scrutiny from anti-trust enforcers
Re:Yawn... (Score:2)
Do you seriously think MS became the world's largest software company by throwing money into lawsuits they know they will lose?
"Or use threats of litigation to nip any new potential competitors in the bud while they're still small."
Believe it or not, most companies MS (or IBM, or HP, or GE, or virtually any other company out there) might consider a potential competitor can afford a lawyer or two (as my peers on /. have indicated ad nauseum, finding proble
Re:Yawn... (Score:3, Insightful)
Why not? That's been their basic strategy until recently, and it has served them well. See the Stacker case for example. They have ultimately lost many expensive lawsuits. However, for each case they lost, they have undoubtedly intimidated or financially drained into submission many other legal opponents. By showing their willingness to dump a lot of money even into losing cases,
Re:Yawn... (Score:2)
Could you please be more specific? Clearly you cannot mean Stac Electronics vs Microsoft over the patent for Stacker, as that was a patent lawsuit initialized and won by Stac for their patent.
"They have ultimately lost many expensive lawsuits. "
Sure they have. But how many of those did they initialize knowing they had no chance in hell of winning.
"If stupid patents could really be taken out by a couple of small-time lawyers, then things like the one-click patent
Re:Yawn... (Score:2)
It also doesn't matter if Microsoft has no chance of winning. If their opponent runs out of cash before the end of the lawsuit, they're toast, and the question of whether they could ultimately win the case in theory is moot.
Re:Yawn... (Score:2)
Yes it does. MS cannot control who sues them, unless you believe they have some sort of brain control device. The issue was whether or not they would sue someone when they knew they could not win.
"If their opponent runs out of cash before the end of the lawsuit, they're toast, and the question of whether they could ultimately win the case in theory is moot."
You are aware that in the case you cited, Stac Electronics did not run out of money? Because it so
Re:Yawn... (Score:2)
I referred to the stacker case because it was an example of Microsoft aggressively throwing money into a losing case, something that you claim they would never do.
Re:Yawn... (Score:2)
First MS encorporated Stacker into it's OS without Stac's approval or agreement, and basically challenged them to do something about it.
Second Stac filed the suit.
Third MS replaced Stacker with an inferior competitor who *would* agree to their terms.
Fourth, since the now bundled software did approximately the same job as Stac's product, their market disappeared. The company headed for bankruptcy.
Here I loose track, but I believe that at this point Stac settled with MS. I
Re:Yawn... (Score:2)
Then why don't you find an example of that?
"I referred to the stacker case because it was an example of Microsoft aggressively throwing money into a losing case, something that you claim they would never do."
No, thats not what I said at all. I said they wouldn't initialize a lawsuit they knew they had no chance at winning. The Stac case does not count as
A) They didn't initialize it, Stac Electronics did. If they are sued they have to de
Re:Yawn... (Score:2)
I don't need to find a current example because it's a prediction. Recently, they've cleared their decks of outstanding antitrust lawsuits (which they had been stubbornly fighting), and they've been cranking up the IP litigation FUD machine. It's not unlikely that this is in preparation for a new patent-based offensive against their smaller competitors. Time will tell whether I'm right.
Re:Yawn... (Score:2)
Actually it was DoubleSpace, which Stac claimed infringed on its patent. There is a difference between stealing code and infringing on a patent.
"Third MS replaced Stacker with an inferior competitor who *would* agree to their terms."
While I am not entirely familiar with this particular event, are you under the belief that Stac should have been granted a monopoly o
Re:Yawn... (Score:2)
I.e., MS should not have been allowed to include EITHER DoubleSpace or Stacker into it's OS. Or to sell or recommend either product. Or to pay them any money for advertising.
Re:Yawn... (Score:2)
I guess we will just have to agree to disagree in that area.
Dangerous assumption ... (Score:2)
are (arguably) based upon "prior art" that
the USPTO should have recognised. Microsoft
(and any other company seeking very general
software patents) are presumably working on
the premise that during the time between the
"patent pending" status, gaining USPTO approval
and a patent, and its eventual elimination
through the judicial review process, the ability
to "restrict & prevent" other companies' access
to the "software patent" is worth a lot of
money. So long as the leg
Re:Yawn... (Score:3, Interesting)
I think the "news" is that Microsoft are trying to get as many patents as possible, as quickly as possible.
The apparent stupidity of some of the ideas they've come up with (patenting the comparaison of numbers?) implies that they're not trying to pretend that any innovation is happening at the company, they just want lots of patents.
Notice the timing though. Europe is in the middle
Re:Yawn... (Score:2)
I still think that the primary reason why Microsoft is filing patent applications is to avoid future Eolas issues. If they have all the stupid patents already, then they know that no one else will get them. This is also why they don't care if patents hold up or not. If the patent is ruled invalid, then that protects them as much as a valid patent does.
The bad part here is that instead of trying to fix the system, they are trying to participate in it. This is unfortunat
Re:Yawn... (Score:2)
Considering the raft of stupid patent applications in the system, it is a wonder that only the MS ones get play. Oh, wait, this is /. ! Silly me.
Take the number of MS's application and subtract two, for instance. What do you get?
System and method for generating and providing educational exercises [uspto.gov]. From the sounds of the legalese, basically a program (sorry, "method" :vomit:) that will spit out multiple-choice tests from a bunch of preprogrammed questions and answers. O
It's Clippy! (Score:3, Funny)
"It looks like you're trying to..."
Hello, Speak & Spell, Lil Professor, DataMan, (Score:2, Insightful)
No prior art.... (Score:5, Funny)
"Utilization of circular object to limit friction"
(the wheel)
Soon to be followed by a public pronouncement by Steve Ballmer that "The governments of many nations should be wary that they may be infringing on MS patents and could be sued".
Re:No prior art.... (Score:2)
Lite version is called LearnPad (Score:3, Funny)
A.CDEFG.I..LMNOP.RSTUV..Y.
Well, not so lite but the joke is there.
Microsoft can go and... (Score:3, Interesting)
I wrote a program that did this for my daughter in my own voice. If Microsoft wants to come sue me, they're welcome to go ahead and try.
Re:Microsoft can go and... (Score:2)
I'll see if I can locate it, but that was years ago.
Example Lesson: (Score:5, Funny)
A: 2?
## We've got a bright bulb here! fork to college-level section.
Q: In the following sentence, fill in the blank with the word that makes the most sense: "Software patents _________ innovation."
A: kill
## Oh dear, it seems we've got an open source communist on our hands. silently fork to MS re-education section.
Q: True americans believe in the Constitution, baseball, apple pie, capitalism, private property, and a healthy ecosystem of private intellectual property which promotes progress.
A: fuck this propaganda!
## profanity detected. lost cause. BlueScreenOfDeath(WITH_A_VENGENCE);
--
I claim prior art (Score:2)
This is not Speak n Spell (Score:4, Informative)
If anything, it looks to me like MS is trying to end-run some of the Nintendo DS's possible functionality.
Re:This is not Speak n Spell (Score:2)
Re:This is not Speak n Spell (Score:2)
One of the reasons that computers have not had as great an impact on education is that computers have traditionally imposed very structured requirements on input, and, as such, are result-oriented. For example, educational software focusing on mathematics typically evaluates the ultimate answer a user enters (via a keyboard), rather than the process by which the user arrives at the answer. Similarly, a user does not actually write a letter "B" out on the screen, b
what I meant to say... (Score:2)
Re:what I meant to say... (Score:2)
Dont try to use a computer to teach writing - use a goddamn pencil and paper.
I'm a computer geek, linux geek, net geek, etc. But shoving more computers in classrooms, especially in the grades below about middle school, is a BAD idea.
Useful comments please. (Score:4, Interesting)
Re:Useful comments please. (Score:5, Insightful)
Comment removed (Score:3, Funny)
I wrote a flash card program (Score:2, Interesting)
I still have the program and source code if we need to show prior art to the id10ts at the USPTO. The program worked by displaying the letter or number (real big) the kid press on the keyboard. It also had basic shapes and colors (i.e. red triagle blue square, yellow circle etc.) It was interactive with he kid and parent.
I hearby patent cows farting. Every farmer
I lay claim to prior art for the case (Score:2)
Its all interconnected, you see. (Score:2, Interesting)
Editor's comments not very applicable here (Score:2)
"Unstructured" is the key word in this patent, which (like most) is written in language that does more to obscure than illuminate. Just how structured was Mavis Beacon Teaches Typing?
Actually, Mavis Beacon was very structured (I worked for Software Toolworks/Mindscape for a number of years, and am very familiar with that product). The patent app describes "unstructured" as input specifically not from a keyboard, but from a stylus or a microphone. In Ma
Prior art: 1968 (Score:3, Interesting)
IBM even had a little "voice unit" for synthesized speech output from the old Coursewriter machines, but I forget the model number of the CPUs, I think they were 1401s. I have a nameplate from one of the old voice units somewhere, I found it lying on the floor when the old machines were decommissioned and the new DECs were installed.
No prior art. (Score:3, Funny)
Then, I'll install a money collector, along with a credit card machine, on every toilet sold in the U.S. I'll make millions!!!! Bwaaaahahahahahahahahahahah!
I'd bet you that the USPTO employees won't EVER figure out that some amount of prior art (though I won't tell you where it is) already exists.
Possible Prior Art from the 60's/70's (Score:2)
I worked for a company in 1999-2001 that specialized in multimedia instruction/training software.
I also seem to remember an instructional system called PLATO (?) supported/done by CDC sometime in the 60's through 70's timeframe. I've only heard/read about it, never used it so maybe this might trigger someone else's memory.
Not being a lawye
Prior Art: Programmed Instruction (Score:2)
Patent Abuse (Score:2)
they're trying to patent Plato Learning (Score:2)
17 doesn't divide 321 (Score:2)
Re:Education? Feedback ? and Software ? (Score:2, Funny)
Feedback: "You just pushed those two buttons in order. Your system will now crash."
Software: "The system that is now crashing."
Re:Experimental Psychology (Score:2)
Mod parent up (Score:2)
Re:PLATO - Mod Up - Patented in '68! (Score:2)
Re:Automatic Slashdot "News" Article Generator (Score:2)
PUB. APP. NO. Title
1 20040237083 System and method for progressively installing a software application
2 20040237074 Optimizing compiler transforms for a high level shader language
3 20040237064 Runtime hosting interfaces
4 20040237053 System and method for implementing an image ancillary to a cursor
5 20040237049 Undockable sub-windows
6 20040
Re:Linux??? (Score:2)
Don't try to find a distro that's made for toddlers. Just use the distro that you're comfortable and modify and tweak it so it's easy to use. Hell, Gentoo can be easy to use if someone else does all the tweaking to make the desktop easy and intuitive.
KDE, GNOME, or XFCE with big and nice looking icons comes to mind.