More Patent Worries for Mobile Phones 128
loekf writes "After the story about NTP suing Research In Motion over alleged patent infringement (do your homework, U.S. Patent Office!), there's another story on The Inquirer about a U.S. firm, Antor Media, suing a lot of companies over a 'Method and apparatus for transmitting information recorded on information storage means from a central server to subscribers via a high data rate digital telecommunications network,' see: U.S. Patent 5,734,961. When does the hurting stop!?"
When does it stop? (Score:5, Funny)
Re:When does it stop? (Score:1)
Re:When does it stop? (Score:1)
Re:When does it stop? (Score:2)
Re:When does it stop? (Score:5, Interesting)
Perhaps a patent ought to have a natural lifetime specific to the patent, which has to be claimed for in the patent application. Give the patent-examiners the right to barter the lifetime of the patent vs the generality, taking novelty into account.
So, a patent has a default lifetime set up on a class basis (for-cars, for chemical-engineering, for software, etc.) and if a patent is truly innovative (in the opinion of the examiner), it gets a longer lifetime to start off with. Then the author and examiner can come to an arrangement ("yes, I'll exclude areas X,Y,Z but I want another 2 years"
Default lifetimes for different patents ought to reflect their industy-area (eg: software ought to be very small, say 3-5 years. If someone comes up with transparent aluminium via a novel process, they get 20 years for the process, as it relates to transparent-Al; 10 years if they agree to sell the rights for everything other than Al; or 5 years in general).
This would allow the patent author to decide how to leverage the patent, make them relevant only to what the patent author has thought of (overly-general patents would be useless because of the low time-limit) and still keep the 'reward-a-good-idea' mentality that fosters exploitation of innovation.
It'd require the courts (or perhaps a fair few more patent examiners) to oversee the increased workload, but it would kickstart the various industries again, and all the lawyers currently working on creating patents could work on overseeing them instead
Simon
Re:When does it stop? (Score:3, Insightful)
Re:When does it stop? (Score:2)
So, in the same way as patents are currently disclosed, any arrangements would also be part of the disclosure. There would have to be some sort of overview, which is what I think you're saying - but what's the difference between my suggestion, and the current option '$2000/year if you pass the patent' option that the unscrupulous could offer today ?
So, presumably there is already a checks/balances system in
Re:When does it stop? (Score:2)
Put simply, what I think a lot of people are thinking in the US and over here in the EU is that Patent law needs to be scrapped, and that Copyright law needs to be changed slightly to allow a maximum licence period of say 10 years. After those 10 years, you don't have th
Re:When does it stop? (Score:4, Informative)
The most important parts of the formula are obvious:
1) Caffeine, a diuretic, to make you get rid of the liquid faster.
2) Salt to keep you thirsty for more.
3) Sugar (or other sweetening) to cover up the taste of the first two.
After that, the other ingredients don't count.
Re:When does it stop? (Score:2)
I'm not a doctor, but isn't salt (especially the sodium component) necessary to sustain your electrolyte levels? This is why Gatorade and other sports drinks have quite high levels of it. You can actually die of "water poisoning" if you exercise a lot and drink too much plain water without eating or drinking anything else to restore your electrolytes, because the electrolyte levels fall too low and your nerves stop functioning.
I won't debate the caffeine part, howe
Re:When does it stop? (Score:2)
It's a matter of ratios.
If the liquid has too much salt, your cells will gi
Re:When does it stop? (Score:2)
I used to ride bicycles about 3,000 to 5,000 miles a year. (I really need to start doing that again.)
One Friday night I was riding slowly around the neighborhood cooling off after about 30 miles of relatively intense effort when I suddenly felt very weak and my heart beat slowed way down.
On Monday morning, I went to the doctor about it. My doctor at the time was a former U.S. boxing team doctor and was easily th
Re:When does it stop? (Score:2)
This shouldn't be a problem with coke. I don't know of any athletes who drink cokes to replinish their necessary electrolytes.
Re:When does it stop? (Score:2)
I can't imagine any athletes drinking coke, because of the other additives like caffeine.
However, my point was that most sports drinks, like Gatorade, have salt added in order to replenish electrolytes, so that's why I took exception with the original poster who put down Coke for having salt, saying it just makes you more thirsty. By that logic, sports drinks would be really bad
Re:When does it stop? (Score:3, Insightful)
That might now work as well as you might hope.
To begin with, novelty, as applied to patents, is supposed to be absolute. They're supposed to be granted to ideas that no one ever thought of before. To consider the novelty of patents as being relative is to
Re:When does it stop? (Score:2)
Perhaps rather than novelty, I mean 'insightful' or even just plain 'impressive'. In other words you get bonu
Re:When does it stop? (Score:2)
Still, as I think Bruce Schneier in a different context, we have to look at the way in which things fail as well as they way they work. The principle risk here is that, having made the duration of a patent a subject for negotiation, it opens the door to the extension of undeserving but carefully worded patents. I'd expect to see companies striving to find wording that sounded superficially specific, but that could be interpretted very b
Re:When does it stop? (Score:2)
Bingo, you've hit the magic point! Someone, lets say NickFortune, comes up with a genuinely new method of encrypting data. Suppose it's totally unpatentable as a piece of software or any form of set of instructions for coverting the data stream. Now NickFortune goes and takes a load of common basic unpatentable hardware and adds a burnt chip which does the actually en/decryption. What
Re:When does it stop? (Score:2)
Nope. Actually I agree with you, I just didn't phrase that especially well.
If I write the laws then I'd be tempted to allow a device that does foo by a certain method to be patentable. However, I would say that any such pate
Re:When does it stop? (Score:2, Insightful)
Wrong... 17 years after that! And at that moment they will switch to copyright & trademark infringements.
Fight insanity with insanity (Score:5, Funny)
Re:Fight insanity with insanity (Score:3, Funny)
Re:Fight insanity with insanity (Score:1)
Re:Fight insanity with insanity (Score:1)
i think ill go get that shampoo bottle now...
Re:Fight insanity with insanity (Score:2)
Re:Fight insanity with insanity (Score:2)
Consumer satellite Internet tends to push 512Kb-1Mb down and 128Kb-256Kb up, all with 500ms latencies. You can get faster than this with specialized services. For example, DirecTV is pushing hundreds of MPEG digital video streams at the same time, so that's going to be a considerable data rate.
Vague. (Score:5, Insightful)
Could it be any more vague? Sounds like a webserver to me.
Re:Vague. (Score:4, Funny)
Sounds like a webserver to me.
Shush! Don't give them any ideas! They'll just sue companies making Web servers like IIS by Micros--
Hmm, this has possibilities. *Muwahahahaha*
Re:Vague. (Score:1)
Re:Vague. (Score:1)
Re:Vague. (Score:3, Interesting)
The first thing that came to my mind was voice mail. Yeah, I know it's anything but "high speed" when it hits my ear, but the phone messages are stored digitally and transmited via fibre to subscribers, so I'd say the phone company is infringing...
I would LOVE to see them try enforcing against the phone companies.
Re:Vague. (Score:1)
I would LOVE to see them try enforcing against the phone companies.
It's be a shame if they had to break up the phone company or something.... oh wait.Re:Vague. (Score:2, Informative)
On the other hand, it doesn't sound very innovative to me.
Re:Vague. (Score:2)
Re:Vague. (Score:3, Informative)
Re:Vague. (Score:2)
How is this different from video-on-demand, which was "invented" in the 1970's (or was it the 60's)? Even if you discount such blatent examples of prior art, this inevention fails the test of obviousness
Re:Vague. (Score:5, Informative)
Re:Vague. (Score:1)
Re:Vague. (Score:5, Interesting)
I just read through the patent and I'd be amazed if it didn't cover WAIS. I implemented Brewster Kahle's WAIS server (Wide Area Information Services, based on Z39.50 protocol) on high-speed networks back in the late 1980s through 1991, putting a campus newspaper, campus phone directory and a collection of wave files onto the DecStation 2000 running the server.
It appears that the patent office must believe more in time travel than intellectual property registrations given the wealth of prior art available. Or perhaps the perspective I read that they're "the department of information, not information retrieval" was correct; e.g. USPTO blindly approves the applications and leaves it up to the courts to decide if they actually have any merit. IANAL but several IP atty associates have given me this perspective and explained that one does not want the USPTO rejecting anything as a bureaucratic clerk should not make law -- a court should (!!!).
Unfortunately, this overloads the already taxed court system (district court here taking 12-18 months to get a date for civil litigation; 2.5 to 3 years for appealate court beyond that, meaning any civil action will likely take you five years to see a dollar starting from the day you file litigation, and assuming you have rapid discovery). It puts companies in limbo, causes hard working technology employees to be at constant risk (which they'll naturally migrate to other types of employment) and leaves the US uncompetitive.
Nothing like a five-year time table to block up technology development. Guess the trial attorneys have ensured that the Chinese and Indians will lap US technology development, eh?
*scoove*
Re:Vague. (Score:1)
when the hurting stops (Score:5, Insightful)
(Note: I did call my congressmen and senators about this issue prior to the previous election. I also have a friend who is attempting to get a job with the patent office specifically to try and fix some of these problems. I hope he succeeds.)
Re:when the hurting stops (Score:1)
You never know what [slashdot.org] will push them over the edge.
Re:when the hurting stops (Score:2)
A lot of people don't see India or China as competition due to the current state of their economies, but they're the two most populous nations on the planet. Their businesses are fully capable
Re:when the hurting stops (Score:2)
But what can he do really? Does the patent office have the authority to deny patents based on prior art, or is that something that must be established in court?
well, (Score:2)
They not only have the authority, they have the legal responsibility to do so.
They don't seem to be doing all that great a job of it.
Re:when the hurting stops (Score:1)
Re:when the hurting stops (Score:2)
Does this only affect equipment manufacturers? (Score:3, Interesting)
Re:Does this only affect equipment manufacturers? (Score:2)
Prior Art Date (Score:3, Informative)
Re:Prior Art Date (Score:3, Interesting)
Or how about this: Find any audio file that was on a BBS before 1991, and locate the BBS's owner. Remember dialup?
Re:Prior Art Date (Score:2)
Or how about this: Find any audio file that was on a BBS before 1991, and locate the BBS's owner. Remember dialup?
This would invalidate claim 1, sure. But it probably wouldn't get you very far with the other 20 or so claims in the patent...
Modem are THAT fast now??? (Score:1)
You mean they have modems THAT FAST now? I still run my C-Net BBS on a 14.4k modem. Maybe that is why no-one has visited it for 13 years: they think it too slow. If only I had known!!!
That'll teach me to keep rereading the 1981 series of "Compute!" magazine year after year instead of renewing. I bet "Compute!" is even better these days. What's Commo
Re:Prior Art Date (Score:2)
Re:Prior Art Date (Score:2)
http://groups-beta.google.com/group/net.periphs/m
Re:Prior Art Date (Score:2)
The question is, what exactly did those now aband
Let the [patent] madness continue (Score:5, Insightful)
And when changes do come, the direction of change will be for the better. As Americans, we pride ourselves for being objective and reasonable, but I wonder why this madness cannot be seen by those on positions of power. WHY?
Re:Let the [patent] madness continue (Score:2)
Those in power are benefitting both in terms of more power and lined pockets.
~Rebecca
But you have lawyers making the laws (Score:3, Insightful)
They can see the madness, they made it, but they're also getting lots and lots and lots of money from the madness.
Re:Let the [patent] madness continue (Score:2)
Rather than try to abandon the patent system, they are likely to lobby for patents to be only granted if they are worthwhile, where "worthwhile" means granted to the company that is doing the lobbying in the first place (or legaleze that means essentially the s
When does the hurting stop!? (Score:4, Insightful)
Patents last too long... (Score:1, Interesting)
The emphasis should be on continuing innovation and increasing the velocity of discovery. Why? Because global competition has nearly zero respect for US intellectual property, but also very little capacity to match our pace of innovation.
If we want to preserve a world-class economy we've got to stop punishing those who can execute or pre-existing innovation and also shift our support to who can produce sustained innovation.
In other words, Amazon.com's one-click was a
Re:Patents last too long... (Score:3, Informative)
Its the business deals and partnerships which are HARD to do if your not american, thats why american cmompanies like amazon work because they GET THE DEALs.
Good tax incentives help too, wh
in other words... (Score:2)
swell!!!
Re:in other words... (Score:2)
RTFP (Score:5, Informative)
"[...]a magazine containing a very large number of disks, disk players, a controller for transfer of the disks between the magazine and the disk players, a central computer, a memory for storing information relating to the locations of the disks, and a multiplexer. Each of the subscriber stations includes a communication interface connected to the network, a computing terminal, a demultiplexer, a data rate expansion circuit, a digital-to-analog converter, and a transducer for converting analog signals into humanly perceptible signals. In one example, the invention provides for the delivery to a subscriber of a personalized sound program selected from a large directory of available selections."
It is a music box server or something like that.
Re:RTFP (Score:1)
If you look a bit further, where it's describing the diagrams (when there's already thousands of words, who needs to pay for the pictures?), it's all about actuators and servo arms for essentially behaving like an 80s jukebox; selecting and loading CDs into a drive and then buffering them in memory.
So yeah -- it's the wireless jukebox podcaster, formulated in the days where hard drives were expensive and we still thought
Re:RTFP (Score:1)
Subscriber station is a communications interface (NIC), a terminal (computer), a demultiplexer (What is that exactly? A part of the NIC? A part of the OS?), a data rate expansion circuit (AKA a decompressor, like for a gzip archive), a digital-to-analog converter (graphics card), a transducer (monitor)
So, the
Re:RTFP (Score:2)
1. Method of receiving information from one of a plurality of information systems via a high data rate telecommunication network in response to a request from one of plural subscriber stations, said method comprising the steps of:
initiating a two-way transmission from subscriber computer means of said one of said plural subscriber stations to one of said information systems via said telecommunication network,
outputting on output means of said one of said plural subscriber stations data related to
Re:RTFP (Score:1)
Think back to 1995 when this patent was first written up. They're trying to invent a CD jukebox that can transmit over a network. Sounds like they were trying to play the actual CDs in CD changer magazines, but good for them for using the language they did.
"Digital disks or compact disks", in fact meant CDs at the time, but t
Satellite radio and cable tv affected? (Score:4, Interesting)
Re:Satellite radio and cable tv affected? (Score:1)
When they work for the patent office??
the wheel is patented (Score:2, Interesting)
a patent for a "Circular Transportation Facilitation Device"
too broad (Score:1)
The patent text seems overly broad. Are they gonna sue Nullsoft next, for Shoutcast? Maybe Time-Warner for their cable systems? Maybe the reverse-911 systems that some local governments use to warn people of certain events? When is this patent stupidity going to stop?!
Look, Chief! This came over the wire! (Score:2, Interesting)
Re:Look, Chief! This came over the wire! (Score:1)
Re:Look, Chief! This came over the wire! (Score:2)
Did you actually read it? Or just respond based on the title of it?
If you read it, you'll see that neither the teletype nor the telegraph are even approximately covered by it.
Open Society, Open Information, Open Source (Score:2, Insightful)
Patent reform needs the same thing many OSS projects need - leg work. There is a review period, where people can make public comments. The major patent reform is for the area of simply improving the public review process; if we let them know that public revi
The Solution. Jail. (Score:5, Insightful)
There should be a public enquiry, Macarthy style into the USPTO. It's directors should be jailed, the people who granted the patents should follow.
Too extreme? These people are crippling the economy of the world! They have broken their mandate and gone out of their way to turn the whole patent system into a joke.
I think jail time for those responsible for issuing patents like this isn't out of the question,
This reminds me of a little story (Score:5, Funny)
Patent Whores? (Score:1)
When does the pain stop? (Score:2)
As soon as we find a way to put a bullet in patents that are so loosely worded as to enable a company to sue (almost) everyone in sight. The pain for consumers, programmers, and others will continue so long as the USPTO and companies continue to be greedy and our representatives in government continue to look the other way.
Sweet! (Score:2)
How about an IQ test for the USPTO employees? Something along the lines of 'how many fingers am I holding up?' would improve things....and a pay raise if their response is 'hey! Stop giving me the bird!'.
my patent (Score:1)
Why aren't they suing apple? (Score:2)
European Equivalent expired (Score:1)
In the legal status document (http://v3.espacenet.com/legal?DB=EPODOC&IDX=EP047 4717+&F=8&QPN=EP0474717 [espacenet.com]), it also says opposition has been filed by Philips and that it has been expired because the patent owner failed to pay it's yearly fees.
Regarding USPTO and patents (Score:2)
I'll just pop in to say that nothing from that department is able to surprise me anymore.
That is apart from the ability to sustain incometence this solid over so much time.
no, the Wayback machine maybe (Score:3, Informative)
Re:no, the Wayback machine maybe (Score:1)
ps I'm not Republican
pps I might be a bastard
ppps Al Gore *did* invent the internet