Microsoft Wins Hyperlink TV Pause Battle 165
TripMaster Monkey writes "The Register is running an interesting story on a patent recently granted to Microsoft. This patent, which covers 'pausing television programming in response to selection of hypertext link', among other things, has been in contention for over twelve years, and the language used in the patent reveals its age ('The Internet has recently exploded in popularity,' and, 'a computer user with a modem can get on-line.'). Despite its age, however, this patent, which covers 35 claims in all, will be of major importance in the impending IPTV battle in the States."
As true then as it is today (Score:5, Insightful)
The granting [of] patents 'inflames cupidity', excites fraud, stimulates men to run after schemes that may enable them to levy a tax on the public, begets disputes and quarrels betwixt inventors, provokes endless lawsuits...The principle of the law from which such consequences flow cannot be just."
The Economist, 1851. As true then as it is today.
Simon
Re:As true then as it is today (Score:2)
Unfortunately, those kinds of profits can (at least in principle) be extremely profitable, just look at this case:
Microsoft patents clicking something to do something else (seriously, this is what the patent boils down to). This was the mids 90's, so they use a bunch of software company jargon to make
Re:As true then as it is today (Score:3, Insightful)
Re:As true then as it is today (Score:2)
Re:As true then as it is today (Score:2)
1. The Economist happened to support an on-topic argument well on that patents have long been problematic.
2. The poster wish to look cool and intellectual, joining a new global Economist lovefest.
Of course, someone has to post reason #2 because that seem so much more likely to a paranoid and depressed geek. Yeah, yeah, in general people are stupid and we can assume they wish to boast and not post opinions on the actual subject at hand.
Re:As true then as it is today (Score:2)
Re:As true then as it is today (Score:5, Insightful)
What is with this Slashdot-Economist lovefest? Is this a fad or the definitive "hey, I'm an intellectual" mark on Slashdot? Will I get downmodded because I question this?
Normally, I'd agree with you, however, on this topic you're off the mark. The Economist is written for Economists, and you'd expect Economists to be able to comment on the damage that patents cause to society with some degree of authority.
The fact [economist.com] that the Economist said this in 1851 tells says a lot in my opinion. It tells me that there has never been a consensus on patents. In fact, it tells me that there was a large body of opposition to patents since inception.
It also tells us that Slashdot is hopelessly ill-equiped to turn the tide against patents. If the Economist (and by extension it's readership) was unable to hold enough sway to overturn patents then slashdot has a snow-flake's in hell chance of achieving the same goal.
We over estimate our self-importance.
Simon
Re:As true then as it is today (Score:2)
You could say the same thing of Scientific American, which around this same period of time was engaged in the practice of securing patents for American inventors.
"Appeal to authority" is a perilous logical fallacy because it's so seductive. It's kind of like the Dark Side of the Force; it seems easier in the short run, but in the long run it we
Name dropping (Score:2)
A very good example, the housing market (stateside). Dropping terms/names like "granite", "stainless steel", and "Berbur" implies much more than what it means. By constant promotion of such people assume that it must be quality. Works well for organizations. First, have an important a
So what should one do, not read? (Score:2)
The times, how they change (Score:2)
for a more recent opinion from that journal.
Re:The times, how they change (Score:2)
I've considered subscribing to their print magazine more than once, because they are usually pretty damned cogent. This is the biggest exception I've seen, and there's no indication that it's guest editorial/opinion content rather than the official position of the magazine.
Even with... (Score:2, Insightful)
Quite unfortunate, really. Such basic ideas making it through...
Re:Even with... (Score:2)
No Problemo, El Senor Monkey! (Score:3, Funny)
I'll just set up a network in India, Venezuela, Iran, etc. where you press a button on a remote control, which speed dials a number to an operator (standing by, of course) who clicks on a hyperlink on their screen which pauses, changes channels, adjusts volume, etc. for you on your PVR/TV/Media Center/WhatHaveYou!
And I'll base the headquarters in Cuba where they couldn't give a rat's patoot about IP laws.
Problem solved.
Re:No Problemo, El Senor Monkey! (Score:2)
Re:No Problemo, El Senor Monkey! (Score:2, Insightful)
You may want to pick countries which have more than nominal notions of property rights. But I understand your overall point though. Where there's a will, there's a way.
The core idea is countries which are either hopelessly bureaucratic of less than likely to cooperate with the United States in it's efforts to shackle the world by it's way of thinking regarding IP.
In the future of the internet and technology, can't you see as hot prospect, countries which disregard such demands?
Sounds silly now... (Score:2, Interesting)
Nope, still silly (Score:2)
Re:Sounds silly now... (Score:2)
And as another poster said, this is obvious, along with 99.999% of the other patents filed each year.
People need to start thinking with their hearts. Intellect is going downhill these days..
Re:Sounds silly now... (Score:2)
Nobody knew what the Internet was capable of, and it may well have been a unique insight.
Only a PTO patsy would say that. Hyperlinks were invented at least 60 years ago [theatlantic.com]. Pausing of recording media was also at least 60 years ago [wikipedia.org].
The only people who talk about ideas as units are the patent mafia. People who really create know better.
---
Have you written to your representatives about patents? A write-in campaign is our only hope!
Clutter of patents? (Score:5, Insightful)
I can not, for the life of me, see how patents give people reason to research and develop new ideas. If someone is going to capitalize on your idea, they'll modify the process and create a patent of their own. Look at every cell phone that is released with 5 new patents, and the "bootlegs" of those phones that are released just 6-12 months later. What the heck is the point of patenting something that isn't of value even a year down the line?
The typical slashdot response to my anti-patent opinion is that prescription drugs wouldn't be researched, but the majority of the people actually researching these drugs aren't the ones who gain billions in profits from the discovery. You may not see megacorps working on solutions, but the biggest medical developments in human history came originally from a few researchers, not megalabs that spend billions and release drugs that addict and kill their users.
Come on, people, don't you see that there is no solution to this legal racketeering other than dismantling the entire system? Competitition is good for consumers, anti-competitive government force is terrible. In the end, we all pay with our pocketbooks (to enforce these legal monopolies) and with our lives (when imperfect drugs/safety devices/whatever can not be perfected by competition). Let's start looking at what made this country great -- open competition.
Microsoft isn't the only patent abuser. Maybe its time for someone to research (and blog?) about every patent abusing lawsuit that hits the courts, and see how consumer choice is severely hampered by the ridiculous protection of ideas.
Re:Clutter of patents? (Score:4, Insightful)
Erm. (Score:2)
You seem to be implying that government is the only thing that reduces competition. The bad old days of 100 years ago saw the rise of stifling monopoly powers in every indus
Re:Erm. (Score:2)
Standard Oil [lewrockwell.com]? Halfway down the page, Edmonds refutes that S.O. was a monopoly except where it worked with government to create laws.
I'd like to know who was a monopoly so I can research WHY they were a monopoly. I don't see much proof that a corporation had monopoly powers, except when they were able to abuse the power of Congress in their favor.
Re:Erm. (Score:2)
Carnegie Steel (Hired a private army to 'settle' the Homestead Strike)
The railroads of the mid to late 19th century (charging 'what the market will bear' and reneging on shipping contracts ruined countless farmers)
Bell Telephone. You could not purchase (only lease) a telephone, nor hook up any device you owned (like an answering machine or modem) to a phone line until the bell breakup.
Re:Erm. (Score:2)
I've been writing a pretty extensive article about the idea of monopoly and have been researching recent anti-monopoly litigation and was very surprised to see the lack of hard evidence against a company that could be construed as the company actually using "free market" powers to be that monopoly. Almost always, the company that is considered a monopoly is using one of many government tools to capture a market. The company gets busted because they used the wrong tool, even though other companies u
Re:Erm. (Score:2)
Re:Erm. (Score:2)
Re:Erm. (Score:2)
The Roosevelt administration was one of the most corrupt, anti-market groups I've ever researched. They were backed by so much corruption that I can't say they ever had consumer defense in mind. One large part of the article I'm working on reviews some of the backroom deals they performed to help some by hurting others.
Regardless of your positi
Re:Erm. (Score:2)
If they own the software, why can't they redesign it to give them a competitive edge? What is wrong in changing formats so your competition is one step behind? In do it in my businesses -- I change my price, I change my sales tactics, I even change the way we perform certain actions to
Re:Erm. (Score:2)
If you define your terms properly, you can be right no matter what position you take.
Re:Erm. (Score:2)
I've never intended to dupe people or try to obfuscate a debate. The issue is too convoluted for slashdot, but I'm working on it.
Re:Erm. (Score:2, Informative)
Hmm, Dada has been entirely consistent in his description of coercive and non-coercive monoplies. They are not the same thing by any stretch of the imagination. (errm, wait, I forgot where I was.)
As Dada has stated and restated - coercive monopolies require the use of force to perpetuate. Usually this means government force - but could mean illegal use of force by the entity. Note that I said Illegal use of force.
Re:Erm. (Score:2)
The thing is, monopolies are not illegal. "Supercompetitive" or not, when one company essentially controls an entire industry, they are a monopoly power. That doesn't necessarily mean they are _abusing_ that power or that their actions are immediately damaging to consumers, arguably the opposite could be true. The point is, the presence of a monopoly power inhibits competi
Re:Clutter of patents? (Score:2)
Technology has advanced a lot in the past few decades. A couple people working in a tiny personal lab aren't going to be making any groundbreaking medical discoveries any time soon.
I'm not saying I agree with the megalabs, I have tons of problems with how they operate and what
Re:Clutter of patents? (Score:2)
Re:Clutter of patents? (Score:2)
The other problem is that while some concept might have been discovered in a small lab, it is rare that a modern drug was discovered in a small lab. (Most modern drugs are much more refined than older drugs ever were.) And, even to the extent that target validation and lead optimization can be done in a small lab, you could NEVER do a clinical trial in a small lab. You need thousands of volunteers (often compensated in some way), thousands of pills, etc. You also need to bribe LOTS of doctors to find those
Re:Clutter of patents? (Score:2)
The reason drug makers aren't curing diseases is because it is hard to do. It isn't like nobody is working on an HIV vaccine (including academic/government labs), or other non-chromic treatments.
The fact is that few diseases have ever been cured - other than those caused by infectious organisms. Companies are still coming out with antibiotics - albeit slowly. The main reason that infectious diseases aren't a high prio
Re:Clutter of patents? (Score:2)
The flip side to this is that if there is no patent protection, it is definitely not economically viable to develop cures. With patents, different story, as long as it's not an orphan drug (which means that there are too few cases to make it worthwhile even WITH patent protection).
Hypothetically:
Cure the disease -- 1 monster
Re:Clutter of patents? (Score:2)
The flip side to this is that if there is no patent protection, it is definitely not economically viable to develop cures. With patents, different story, as long as it's not an orphan drug (which means that there are too few cases to make it worthwhile even WITH patent protection).
You are telling me that no scientist would develop something because its the right thing to do if there isn't profit involved ? Most of the scientist that I have met would love to be able to develop what they want to develop
Re:Clutter of patents? (Score:2)
No, I am saying that drug development is a very expensive process, and no private organization is going to lay out hundreds of millions, even billions, of dollars without a profit incentive, which you state as well. I wasn't talking about individuals, I agree that most of them likely have the best of motivations. But good intentions don't pay for expensive research and testing
An alternative to pharmaceutical patents (Score:2)
I think you are making a very valuable point here, that deserves to be highlighted.
Often, when you listen to patent proponents/apologists, they will paint a picture suggesting that if there were no patents, there would be no pharmaceutical reserch at all carried out in the world. This is of course pure rubbish.
Just as you point out, the governments of the first world countries
Re:Clutter of patents? (Score:3, Insightful)
The first pproblem is that people have been allowed to patent concepts that have not truly novel. Take the FAT file system (please take the FAT file system!), for example. Nothing about it is particularly unique and there are tons and tons of examples of prior art.
The second problem is that people have been allowed to patent vague ideas that include no actual implementation or plan. There are patents on transporter technologies and all sorts of things
Re:Clutter of patents? (Score:2)
This argument (to me) isn't quite valid. It is like blaming the gun for a murder or blaming a sneeze for passing on a cold. When we have a problem, we need to battle the source, not the visible middleman.
Patents are a legal monopoly to use the force of government to protect something that isn't a physical object but a thoug
Re:Clutter of patents? (Score:2)
Although we see massive abuses of power, including some cases of blatant ignorance of the Constitution, one that a lot of people miss out on is that the vast majority of the time,
Re:Clutter of patents? (Score:2)
Did I just agree with you on something?
Kidding, of course. You're absolutely correct, but like anything, there -will- be an inevitable backlash when the law goes too far. (We're already seeing this with widespread disregard for copyright law-in the end, sometimes civil disobedience is the only way.) The successful opposition in Europe to software patents is another one. I think even Microsoft may recognize the lunacy of the current system after they get hit by a few "submarine" patents, from a few compani
Re:Clutter of patents? (Score:2)
Copyrights are another matter-but even if they're allowed (they are Constitutional, although I don't believe the current iteration is), they should be reformed heavily
20 years ago I'd say you'd be right. Now, I think it is impossible. We're less than a year away from truly anonymous P2P. The laws against copying, even the laws again bad things like child porn will
Re:Clutter of patents? (Score:2)
Well, I think that's why the reforms -would- be a good idea. Once anonymous P2P does hit, you can bet the **AA's will be buying-erm, I mean, lobbying for, some new laws. And they'll get ignored, and worked around, and another arms race will follow, and ultimately everyone loses. It's effectively impossible to prevent personal copying when nearly everyone has machines capable of copying vast quantities of data at a keystroke at their fingertips. And just look at the "war on drugs" to see the results of crimi
The system won't collapse (Score:2)
Re:Clutter of patents? (Score:2)
Correct, it only takes a handful of scientist to
Re:Clutter of patents? (Score:2)
Re:Clutter of patents? (Score:2, Funny)
Pretty useless strategy if the people suing you don't actually do anything other than sue people for patent violations, and are therefore not violating any of your patents. Unless you somehow manage to get a patent on suing people for patent violations.
Instead of a hyperlink (Score:2)
This patenting shit is getting to be ridiculous, to the point of absurdity.
Good thing it expires in another seven years. In the meantime, I'll continue timeshifting almost all of my TV with bittorrent and watching only the local news/weather and sometimes PBS via broadcast antenna (long live rabbit ears). Along with the hordes of others like me.
No more Sony Trinitron, instead use A
Re:Instead of a hyperlink (Score:2)
Hmmm...
Would you like to know more? [imdb.com](pops)
Sorry, I just had too...
Hypertext Link (Score:3, Interesting)
Re:Hypertext Link (Score:2)
20 years (Score:2)
The patent can easily be worked around! (Score:5, Funny)
You can easily work around this patent by slowing down the TV
stream by factor of 1000,0000,000 instead of just pausing it.
Who needs pause anyway?
During the last 12 years we all have improved our abilities
to multitask while surfing online. This is proven on a daily basis
by countless geeks masturbating *while* klicking hyperlinks (and
sometimes even while @ work). This is progress!
Re:The patent can easily be worked around! (Score:3, Funny)
Congratulations!
Re:The patent can easily be worked around! (Score:2)
Prosecution History/File-Wrapper Estoppel (Score:2)
Re:Prosecution History/File-Wrapper Estoppel (Score:2)
Re:The patent can easily be worked around! (Score:2)
Re:The patent can easily be worked around! (Score:2)
Ugh... thank [deity] they're countless. Can't imagine asking geeks about their (ahem) private habits like this --eeew! Without a doubt, doing *THAT* census would immediately become the #1 worst-job-in-the-world.
Okay, so they got the patent. (Score:3, Interesting)
Like the fact that IIRC there were TV tuner cards back in the DOS/Apple II days, and applications that could write text onto the graphic screen at the same time. I personally wrote an app in Clipper that allowed a user to click on an image from a TV screen capture, and move to different places in the application based on "member data", and that was a not too difficult application by a solo programming newbie at the time. Authoring software anyone? Dragon's lair or Space Ace video games? do they apply?.
What think ye all?
BFD, buffer the stream to the local DVR instead (Score:3, Informative)
Anyways, since Tivo already has the ability to pause and you can go to another information/data page/display while the video is still feeding the DVR buffer, there shouldn't be anything to this. A URL is no different than an onscreen or offscreen button IMO.
LoB
Re:BFD, buffer the stream to the local DVR instead (Score:2)
Unfortunately, the patent office disagrees. It seems that for any action in meatspace, doing it virtually is patentable. It's broken, but that's what we have to deal with.
Re:BFD, buffer the stream to the local DVR instead (Score:2)
If you are correct, then everything in the patent claims can be found in the prior art. Since we're all qualified to publicly air our expertise about the patent system, we both know that something is not obvious if it cannot be found in the prior art. I'm only including this link for those readers who, unlike you and me, don't know about the patent system.
And if you're right, Microsoft has more than enough finan
Re:BFD, buffer the stream to the local DVR instead (Score:2)
we both know that something is not obvious if it cannot be found in the prior art.
No, that is the patent mafia's self-serving definition. Actual creators know better.
---
Have you written to your representatives about patents? A write-in campaign is our only hope!
Workaround (Score:2)
No, instead the better UI would be to queue that link somewhere where the user could get to it later - email the user the link, or share bookmarks from the box the users PC can see. Microsoft just hasn't discovered this yet.
All those ideas are free for public use BTW...
Re:Workaround (Score:2)
Microsoft is pushing this as way to get the networks and the ad companies behind them for support. With the combined resources of all those groups they will set things up to eventually outlaw PVRs that allow users to ski
Not much different than TiVo (Score:2)
Minus the chat rooms and such, doesn't this sound like TiVo? Now that he has the patent, perhaps BG is going to preempt TiVo
Been There, Done That (Score:2)
While the system is flawed, there has to be some mechanism to allow creative people rewards from the market. Yes, there are a lot of junk patents, and a lot of patents filed by the big corps are completely bogus. It is in our best interests to foster true invention by as many people as possible. You'll get a lot more value from a million of us little guys working on problems than you will from a f
Re:Been There, Done That (Score:2)
Well, patents generally don't work for small or independent inventors.
As a "little guy", I've just spent the last two years researching, developing, and filing a patent application.
On a simple survey tool? You look like one of the uncreative, bad guys.
Software patents need to go.
Re:Been There, Done That (Score:2)
Re:Been There, Done That (Score:2)
You've asked a question that has a very long and complicated answer. Good ideas are a dime a dozen, patents are generally worthless, and you'll never get into the market without execution intelligence from a highly competent team.
That's the bad news. If you can accept that, then there are all sorts of reasons for going forward. I would be glad to help you for free, offline, if you like. Personally, I try to help people -- that's my value system. So if you have something that he
Re:Been There, Done That (Score:2)
This is due to a lot of factors, the primary being that companies don't sell inventions, they sell solutions to people's problems. The word "solution" means market-tested and directed to a certain audience. You may have patented a handheld thermonuclear reactor, but you may be selling an automatic p
Re:Been There, Done That (Score:2)
I usually look at the patent before talking about it, but you don't have one yet, so one can only go by what you say.
I had no desire to play this game of overpatenting -- in my opinion it is unethical. And I have a unique, novel, useful invention which makes it unecessary anyway.
There are lots of "uniq
Re:Been There, Done That (Score:2)
First: there are no good and bad guys. Life is not like a TV show. If you want to sling mud, go for it. You'll do so by yourself. I will not particpate. If you have an open mind, then read on.
\
"...I have come up with half a dozen "unique, novel, and useful inventions". The patent system has been useless in benefitting from any of them..." The patent system is not supposed to benefit from them, your fellow man is.
Re:Been There, Done That (Score:2)
The inventor is supposed to benefit from the disclosure of the invention as a patent in order to create incentives for such disclosures; the current patent system fails to do that in many cases. That's not just a question of policy, that goes to the Constitutional justification for the c
Re:Been There, Done That (Score:2)
"...you have obviously invested so much time and money in yo
Re:Been There, Done That (Score:2)
I made no claim that I have received any reward at all.
There is a fundamental disconnect in your reasoning.
You claim patents are needed because they encourage innovation. You also state that, despite having gone through the entire process, the patent provided you with nothing significant to encourage your innovation.
That sort of woolly headed reasoning is unfortunately all too common with the patent proponents. There is no scientific, objective evidence that patents encourage innovation, just hand w
Software Patents!!! (Score:2)
As I say everytime... (Score:5, Insightful)
Half the posts are instantly finding ways to bash the PTO and a lot of those are people pulling quotes from their little text file they keep hand to copy and paste their "smart" words. The problem there is no real discussion. No real interest in talking about if the patent is valid, what issues may or may not arise from the patent, or how limited the patent may be.
There are far better places to argue about the patent system and how broken (or unbroken it may be), just don't codemn a single patent you have never read as being obvious or simple. If you really think a case went this long, through this many continuing applications without being effectively and properly researched for prior art, then closed-minded is where you stay.
It is important that people realize the patent system needs reform, but there is no motivation for the government to do so at this time. It is not an issue that many people in the government fully understand and there are two large lobbyist groups on opposite sides of a great many of the reforms that were proposed in the last Patent Reform Act.
I will admit the patent system could use a few tweaks to correct some issues, but the problems are not these end of the world, destruction of all innovation that people are continually making them out to be. I would like to hope that some of you have taken a view that is not alarmist and actually researched the current issues with the patent system and not just listened to the words from your "friends" here at slashdot. Trust me, some of these patents people are crying foul on are more patentable then they realize.
Re:As I say everytime... (Score:2)
Thanks for articulating that, it's rather obvious that there's a few cut-and-paste posters who post nearly the same thing every time a patent article comes up.
Consistently modded up as insightful or informative, those posts should be modded redundant.
"It is important that people realize the patent system needs reform, but there is no motivation for the government to do so at t
Re:you are in complete denial you fucking dipshit (Score:2)
Re:you are in complete denial you fucking dipshit (Score:2)
You have not really addressed any of the grievances I illustrated. People all over the world are dying of diseases, such as aids, that don't have to die, but they do, because charitable companies are barred from manufacturing drugs for them at their own expense, by companies weilding patents. Governments brave enough are beginning
Re:As I say everytime... (Score:2)
The problem usually arises because people are in gross misunderstanding about the definition of obviousness. Obviousness and utility are probably the two most mis-understood terms used by people when discussing patents.
Re:As I say everytime... (Score:2)
Are you a lawyer? You have the air of a lawyer. And, it appears to me, the conscience.
Re:As I say everytime... (Score:2)
The problem usually arises because people are in gross misunderstanding about the definition of obviousness. Obviousness and utility are probably the two most mis-understood terms used by people when discussing patents.
No, we know the patent mafia are using self-serving definitions of obviousness and utility.
Those definitions fail the reality check, as even a cursory examination of any recent patent with the word software in it will show.
The consistent refusal to acknowledge even that simple fact he
Interesting difference in viewpoints (Score:2)
Microsoft Sued Over Patent Infringements [slashdot.org]
and compare them to the comments in this article.
I guess Microsoft is always wrong on Slashdot.
Re:Interesting difference in viewpoints (Score:2)
btw...thanks for the lesson on what Slashdot is and isn't. I just haven't been around here long enough to figure it out myself. ;)
Why is it? (Score:4, Interesting)
This kind of journalistic prejudice implies that when Microsoft wins a patent lawsuit, patents are evil, but when Microsoft loses a patent lawsuit, justice is being served. The truth of the matter is that the patent system is being abused and needs to be changed regardless of whether Microsoft is winning or losing lawsuits.
Re:Why is it? (Score:2, Insightful)
Er, this journalistic prejudice is not about Microsoft, but about patents themselves. The justice icon you mentioned refers to the fact that there is one less patent to worry about when doing our daily work. This is not limited to MS stories alone.
Bashing Slashdot for bashing MS is getting pretty cliche... ;)
Re:Why is it? (Score:2)
The reality of it seems to be that we cheer for the bad things when they're happening to Microsoft, even if those bad things are ultimately bad for humanity as
Invert that (Score:2)
Will it become illegal to have two lights on a single switch?
Re:as if it's not enough... (Score:2)
Re:as if it's not enough... (Score:2)
The scariest thing is that MS has lowered the educational bar, so to speak, to the point where people believe that they were finally innovative in the creation and/or spread of the cash before quality business plan...
Re:TV Internet (Score:2)
However on the legitimate side are th