Surfcast Sues Microsoft Over Tile Patent 255
An anonymous reader writes with news of a company suing Microsoft for infringing upon a patent for tiles with live content. From the article: "SurfCast, in a complaint filed yesterday in a U.S. District Court in Maine, said Microsoft infringes one of its four patents — No. 6,724,403 — by 'making, using, selling, and offering to sell devices and software products' covered by SurfCast's patent. That includes mobile devices using the Windows Phone 7 and Windows Phone 8 operating systems as well as PCs using Windows 8/RT."
Its not like people havent sued MS b4 (Score:3)
Re:Its not like people havent sued MS b4 (Score:5, Funny)
Mothafucka's patented the SQUARE
Shit. I'm about to get Platonic on that one, and patent me a CUBE.
Re:Its not like people havent sued MS b4 (Score:4, Funny)
All dots, lines, squares, and cubes are lower dimensional derivatives of my hypercube design and thus require a license from me.
Re:Its not like people havent sued MS b4 (Score:4, Funny)
Also, someone else patented the time cube.
Re:Its not like people havent sued MS b4 (Score:4, Funny)
Re:Its not like people havent sued MS b4 (Score:5, Funny)
But does it have rounded corners?
That's innovation.
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Mothafucka's patented the SQUARE
Shit. I'm about to get Platonic on that one, and patent me a CUBE.
Well, that seems appropriate, since Apple sued Samsung because Apple has a patent on a curve.
Re:Its not like people havent sued MS b4 (Score:4, Funny)
That certainly adds an extra dimension to this case.
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And lost :)
For the look and feel suit but not the one for stolen source code from Quicktime which ended up in Video for Windows. The latter resulted in an out of court settlement where MSFT bought non-voting shares in Apple, made undisclosed payments rumored to be around a billion in the end and a commitment to continue developing MS Office and Internet Explorer for the mac for 5 years. The MS Office commitment was renewed voluntarily by Microsoft a number of times since then.
now a tile with no rounded corners! (Score:4, Insightful)
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Darn, I was just about to patent non-euclidian smooth manifolds as a type of higher dimentional icon.
Re:now a tile with no rounded corners! (Score:4, Insightful)
Not so fast! http://www.google.com/patents/EP1921575A1?cl=en [google.com]
Actually, didn't MS try Hexagons for WM6.5?
Patent Law? (Score:3)
IANAL, but if it's been a while, one might assume that SurfCast has been sitting on the lawsuit, waiting for Microsoft to roll tiles out into more and more products so that they could reach a bigger settlement, though that might have to be weighed against the notion of "not defending one's patents".
Thoughts?
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That's the way I see this, WP7 has been out for quite a bit and only now they are filing the suit?
If MS violated the patent than SurfCast should certainly get some money out of them, but if I was the judge I'd have some questions as to why they filed now and not when the tile interface was first released in WP7.
I know next to nothing about court procedures or trials so I'm not even sure if that's within the judge's purview though.
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WP7's release is still well within the statute of limitations on patent notification.
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Also not a lawyer, but I'm pretty sure defend it or lose it just applies to trademarks.
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If the patent is valid and not expired, it can be enforced. It does not matter when you become aware of the violation, nor how much time has elapsed between awareness and filing of a suit.
It does matter in one respect. If you know about someone infringing your patent, and you purposely delay notifying them and/or filing suit in order to let damages build up, you generally aren't entitled to any damages for the time after you became aware of the infringement.
That's a new level of ugly (Score:4, Interesting)
The Microsoft Live Tiles use data that's been curated for the purpose of a tile. SurfCasts is making little windows onto programs that have no idea their being ran in a little window.
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Precisely why software patents are a huge hazard. Even if you do a patent search and your lawyers say that you don't infringe on a patent, you can still be sued by the patent holder and be dragged through court to defend it.
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Precisely why software patents are a huge hazard. Even if you do a patent search and your lawyers say that you don't infringe on a patent, you can still be sued by the patent holder and be dragged through court to defend it.
I agree with this statement. Usually, though it is Microsoft going after the little guy. Maybe the best thing to come out of this case, assuming it is upheld and Microsoft has to pay big bucks, is that it will force a review of the current patent situation as it relates to software.
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But the Surfcast Patent shows a screenshot of Slashdot in one of it's tiles... at least I think that's Slashdot.
Seriously?! (Score:5, Insightful)
A computerized method of presenting information from a variety of sources on a display device. Specifically the present invention describes a graphical user interface for organizing the simultaneous display of information from a multitude of information sources. In particular, the present invention comprises a graphical user interface which organizes content from a variety of information sources into a grid of tiles, each of which can refresh its content independently of the others. The grid functionality manages the refresh rates of the multiple information sources. The present invention is intended to operate in a platform independent manner.
Seriously?
A) How was this even granted a patent in 2000? It's really obvious, to anyone with a computing degree.
B) How it wasn't picked up on a patent search.
C) Why didn't they sue two years ago when WP7 was released?
Software patents are fundamentally wrong :(
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B) How it wasn't picked up on a patent search.
Microsoft has been aware of the patent. It's even referenced in Microsofts own patent on displaying tiles on mobile devices [uspto.gov].
Software patents are fundamentally wrong :(
No kidding.
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Once I ran Winamp and Firefox in these things we call windows.
Total TROLLL (Score:4, Interesting)
Seriously, go look at these "screenshots" of product. And tell me how their product was anything different than all the horrible 1990's websites built with frames, that continually refreshed.
Seriously, this shouldn't even go to court....
http://web.archive.org/web/20070420033547/http://www.surfcast.com/images/bloom.jpg [archive.org]
http://web.archive.org/web/20070101195114/http://surfcast.com/images/trading.jpg [archive.org]
http://web.archive.org/web/20070101163517/http://surfcast.com/images/weather.jpg [archive.org]
http://web.archive.org/web/20070126130038/http://www.surfcast.com/images/word_doc.jpg [archive.org]
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A computerized method of presenting information from a variety of sources on a display device. Specifically the present invention describes a graphical user interface for organizing the simultaneous display of information from a multitude of information sources. In particular, the present invention comprises a graphical user interface which organizes content from a variety of information sources into a grid of tiles, each of which can refresh its content independently of the others. The grid functionality manages the refresh rates of the multiple information sources. The present invention is intended to operate in a platform independent manner.
Seriously?
A) How was this even granted a patent in 2000? It's really obvious, to anyone with a computing degree.
B) How it wasn't picked up on a patent search.
C) Why didn't they sue two years ago when WP7 was released?
Software patents are fundamentally wrong :(
A) Back in 2000 when the patent was applied for, this was a pretty novel idea. You can't use today's understanding to judge 12 years ago, particularly in software.
B) It was picked up in a patent search. Microsoft even referenced it in their own patent filing.
C) That is a straw man. Are you saying because they didn't first file for infringement in 2010 when WP7 was first released, they cannot enforce their patent now, less than three years later? Maybe they did contact Microsoft and try and settle it. May
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Because nobody in their right mind wants to buy a W8 phone?
Fixed
If only Microsoft had done that with their [that is right not your] phones Nokia would have been better off now.
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Nope, and that's often the strategy of trolls; wait until another company gains traction with "your" "idea" and then bring out the submarine patent and sue for retroactive license payments.
Andriod Widgets next? Or iOS notification nums? (Score:2)
How is this functionally any different then many Android Widgets? They often display partial information and are clickable to launch a full app?
Or iOS notification numbers, which display partial information about the app while also allowing you to use the icon as a selector?
Or Photoshop file icons, which show an icon version of the current state of the file while also allowing you to use the icon as a selector?
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Just waiting... (Score:2)
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Active Desktop (Score:4, Informative)
So the patent is for blocks of active information in boxes? Filed in 2000? Microsoft was doing this with Active Desktop back in 1997 and I'm sure they weren't the first.
In general... (Score:2)
Software patents are BOGUS.
They forgot the XBox 360! (Score:2)
How much is this prior art? (Score:2)
The ICCCM (from 1985) specifies the icon_window field of the WM_HINTS property. This tells the windowmanager that an application won't display a static pixmap when iconified, it will instead be given a small window which it can animate.
xterm can do this.
Honeslty I haven't read the patent. I've read through about 3 or 4 software patents which have appeared on /. before. The language is dense, nearly impenetrable and horrible repetitive. Neverltheless, every patent I've read through which has appeared has tur
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The language is dense, nearly impenetrable and horrible repetitive.
This is on purpose. Patent lawyers are like any other lawyer in that they want their little priesthood to remain protected. If anyone can draft and interpret a patent application, what need for their expensive services?
OT but along the same vein: when people complained about certain bits in the new EU "constitution", those bits were rewritten in horribly obfuscated language that boils down to more or less the same meaning. Another reason for using legalese.
Remember the good ole' days? (Score:2)
When Microsoft was the one doing the suing? Oy, the irony of being flogged with your own club.
Forbidden from researching internall (Score:2)
MS employees are forbidden from researching other technologies and patents by other parties when "inventing" something. They build it straight-up, and if their invention collides with another invention that's patented, they have to sort it out through legal.
Likely the folks in MS who designed the Live Tiles didn't know StreamCast had a patent on this tech.
Wii Channels (Score:2)
Must be prior art (Score:2)
Just reading the prior patents cited by this patent, I can't understand why this isn't prior art or so obvious from prior art that it doesn't warrant patenting. It seems like the patent examiners aren't will to reject stuff like this instead of letting it get fought in the courts. If our leaders truly want to help small business then they need to end crap like this and make patent examiners do their job.
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1996, the iframe tag was introduced by Internet Explorer to load content asynchronously. In 1998, Microsoft Outlook Web Access team implemented the first component XMLHTTP by client script. In 1999, Microsoft utilized its iframe technology to dynamically update the news stories and stock quotes on the default page for Internet Explorer
Taken from AJAX wikipedia article.
MotoBlur (Score:2)
What about the MotoBlur interface? Especially on the pre-Android phones (I have a Moto Android phone and have disabled all the main-screen tiles, but it sure seems like that is what they were).
Will Microsoft comply? (Score:2)
With the name Metro, they were very eager to comply instantly. So maybe this is the end of the metro crap (and not only the end of the name).
Or maybe they wanted to get rid of the name metro with all the negative google hits anyway ... without getting rid of their little experiment, of course.
TROLL (Score:2)
Seriously, if I go visit friends in Portland, ME...I am so egging the hell out that place.
First off, their website is a POS with next to no content other than "We're a patent troll!"
Second, 2000???
Sorry, frankly, I feel there was prior art for Microsoft Surface tiles. Don't people remember those late 90's websites with all the square tables boxes that kept refreshing and showing updates for stocks and what not.
So the idea was done...it's not novel. Lame...
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Seriously, go look at these "screenshots" of product. And tell me how their product was anything different than all the horrible 1990's websites built with frames, that continually refreshed.
Seriously, this shouldn't even go to court....
http://web.archive.org/web/20070420033547/http://www.surfcast.com/images/bloom.jpg [archive.org] [archive.org]
http://web.archive.org/web/20070101195114/http://surfcast.com/images/trading.jpg [archive.org] [archive.org]
http://web.archive.org/web/20070101163517/http://surfcast.com/images/weather.jpg [archive.org] [arc
And MS thought Linux was the enemy (Score:3)
And they spent a lot of money through SCO to try and sue Linux and IBM. And got their asses handed to them.
What MS *should* have done with that time and money was to find every patent troll that was going to harm them, and take them out with extreme prejudice.
Now they've been harmed by Eolas, which has opened the door to trolls like this one. MS has been hoisted by their own petard, so to speak. They were *for* software patents, and now they have discovered that you can't swing a dead cat in the tech sector without being sued by someone claiming to own a software method.
Software patents harm innovation and business. They do more harm than good and need to be repealed, for the sake of the economy.
Re:Not a troll (Score:5, Interesting)
A tile is just a chromeless application window. What's novel about it?
Re:Not a troll (Score:5, Insightful)
Not an untroll, either (Score:3)
As usual, the Slashdot opinions on patents leave something to be desired. From column 4 of the specification, the "information sources" (as used in claim 1 et seq.) are clearly defined to encompass remote sources of information, including web sites, email messages, audio and video streams and so forth accessed via the internet. A lot of the prior art deals with purely local sources of information.
So the question really boils down to how novel and inventive this step is - the dynamic presentation in tiles
Re:Not an untroll, either (Score:4, Insightful)
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But those are dockapps, we're talking about tiles here man, TILES. Completely different. Besides, MS invented the modern operating system, the Apple lawsuits were plain FUD and we have St. Gates to thank for modernity. And tiles.
[/troll]
Re:Not an untroll, either (Score:4, Insightful)
Windows 95. Active Desktop.
Sure, the implementation was plagued with bugs, but it would update square widgets with data from remote sources. It was in Win95.
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All of these arguments are moot once the patent system moves to a first-to-file system.
Sure, all the arguments will go away as far as prior art is concerned, but then it will also become a system where the barrier to entry is so high to enter the markets that small startups and inventors will never get a fair shake anymore.
I would like to have seen those Apple guys try and get started in a market where IBM only had to file a patent on work to get it granted....
Tile All? (Score:4, Informative)
Not sure what version of windows had this last, but I remember being bale to tile all open windows, and they would take up all available screen real-estate. It wasn't a horizontal tile, wasn't a vertical tile, and wasn't a cascade. It may have been arrange, but I remember doing it once with 10 excel windows open on like 640x480, and they each took up so little space you could only see the control bars.
I don't think MS is going to have a problem with this: http://asset0.cbsistatic.com/cnwk.1d/i/tim/2012/10/31/SurfCast_patent_application_610x587.png [cbsistatic.com]
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Unfortunately, now you have to hack RegEdit to get Excel to display more than one window.
http://blog.whitesites.com/Force-Windows-7-to-open-excel-documents-in-separate-windows__634014706378053750_blog.htm [whitesites.com]
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...you have to hack RegEdit...
Did you "learn computers" by watching Hackers?
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Ugh. This, a thousand times this! Nothing worse than having multiple screens and the gall to want to look at two spreadsheets side by side. But no, Excel is a stupid MDI app -- which BTW ranks high in the stupidest ideas EVER -- so SUFFER!! Even worse, once you "hack" it, if you deign to have macros in your PERSONAL.XLS file, it'll bother you endlessly about overwriting it until you get fed up and make it read-only. Stupid stupid stupid stupid stupid stupid stupid stupid stupid stupid stupid stupid stu
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Excel has tons of legacy baggage that will probably never go away, for compatibility reasons. MDI is one of those things. It's the same reason you can't open 2 spreadsheets at once if they have the same file name, even if they're in different directories.
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No you can't. Two tiles, yes. Two windows, no.
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Not sure what version of windows had this last, but I remember being bale to tile all open windows, and they would take up all available screen real-estate. It wasn't a horizontal tile, wasn't a vertical tile, and wasn't a cascade. It may have been arrange, but I remember doing it once with 10 excel windows open on like 640x480, and they each took up so little space you could only see the control bars.
I don't think MS is going to have a problem with this: http://asset0.cbsistatic.com/cnwk.1d/i/tim/2012/10/31/SurfCast_patent_application_610x587.png [cbsistatic.com]
Surfcast patent includes remote information. I don't think what you were doing in Excel back then pulled information from other sources on the internet and presented it in a tile. Microsoft needs to be careful in how they argue to invalidate the patent claim so as not to invalidate their own patent. The only thing for sure about this case is that some attorneys are going to make a lot of money.
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Tiled applications windows date back to at least 1981 [wikipedia.org] with Xerox Star. And there is plenty of prior art for applications that aggregate information.
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Tiled applications windows date back to at least 1981 [wikipedia.org] with Xerox Star. And there is plenty of prior art for applications that aggregate information.
Surfcast patent includes pulling information from the internet. Kind of hard to do in 1981. Maybe the Xerox Star did that with Compuserve and AOL, but even if it did, it wouldn't have included real time updates as neither of those systems had that capability in 1981.
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A tablet is just a rectangle with rounded corners. What's so novel about it?
Re:Not a troll (Score:4, Insightful)
I went through the patent. I will not claim there is anything of value in there. But they actually describe a full architecture of a system with asynchronous event, bandwidth limitations, dynamic refresh rates, multi device displays. They actually did something, they are not trolling. This is one of the most reasonnable patent I read in a long time.
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Especially, if as the article indicates:
If they actually referenced this patent in their own filing, they can't exactly argue they didn't know about it.
Of course, the nuances of patents makes it awfully difficult for a layperson to know if the resultant thing infringes or not. But it would hardly be
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It's irrelevant if the people who implemented it knew nothing about the patent.
If Microsoft as a legal entity referenced someone else's patent in their own filing, they can't then say they knew nothing about it.
At which point their only recourse is to get the patent invalidated
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From TFA, the SurfCast design looks more like Windows 1.0 than WP7. Plus, the existence of '403 is mentioned on page 2 of '632. Therefore '403 must have been considered (don't laugh) when '632 was being assessed.
Without reading the full patents (I have only one life on Earth), I'm not going to say if SurfCast is a troll. However, their website [surfcast.com] doesn't inspire confidence.
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The only products they offer are patents, not practicing, not using, not producing anything. Web page has a fishing rod [surfcast.com] in the picture. This must be the epitome of patent trolling.
You could apply that to most engineering and architect firms, too. They don't really produce anything either, just designs.
Re:Not a troll (Score:5, Insightful)
After reading the article, I really think that SurfCast is right in suing Microsoft. It seems to be the same thing and it's a novel way of doing things.
It doesn't even matter how valid the patent is, really (although given it is software and... well, a tile display is not novel no matter how you dress it up), what really makes a troll a troll is that they have no products. Surfcast has none, and from what I understand, never did. Therefore, they are patent trolls.
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After reading the article, I really think that SurfCast is right in suing Microsoft. It seems to be the same thing and it's a novel way of doing things.
It doesn't even matter how valid the patent is, really (although given it is software and... well, a tile display is not novel no matter how you dress it up), what really makes a troll a troll is that they have no products. Surfcast has none, and from what I understand, never did. Therefore, they are patent trolls.
Actually, a tile display doing everything that the patent states and details the mechanisms for probably was pretty novel back in 2000 then it was first applied for. As for Surfcast not having any products to sell, that isn't unusual either. Many technical businesses are based on designs - architects, engineers, etc. They don't sell products, either. Then there are businesses that are in the service industry that also don't sell products, but definitely have patents. Selling a product has nothing to do w
Re:Not a troll (Score:5, Interesting)
It seems to be the same thing and it's a novel way of doing things.
Exactly, it's not like it is similar to an airplane dashboard, right? And did anyone notice the timing? Coinciding a lawsuit with an OS release, that's not suspicious at all, tsk tsk tsk...
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They cannot sue unless there is a shipping product. You can't sue for vaporware.
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I'm not sure that's actually true ... otherwise all of those lawsuits from patent trolls would be tossed out immediately, wouldn't they?
I was under the impression that once you have the patent, you "own" the rights to the invention.
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It seems to be the same thing and it's a novel way of doing things.
Exactly, it's not like it is similar to an airplane dashboard, right? And did anyone notice the timing? Coinciding a lawsuit with an OS release, that's not suspicious at all, tsk tsk tsk...
Until Microsoft actually released Windows 8, it would be hard to claim damages. It's not infringing until you release a product.
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Maybe novel 80s. Pretty sure you could achieve this effect with TWM.
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Maybe novel 80s. Pretty sure you could achieve this effect with TWM.
Pretty sure you can't. You need to read the actual patent. It is pretty involved and much more than simply displaying tiles on a screen.
AJAX with tiles (Score:2)
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Seems to me they are trying to patent AJAX used with a grid based interface.
Except that AJAX wasn't even conceptualized until 2005. That would be 5 years after the original patent submission and 1 year after it was awarded.
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You forgot the M$ in your quip.
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I'm in favor of anything that harms Windows 8.
You mean MS's least bloated OS in over a decade?
Are you sure?
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Windows 7 + Metro = More bloated, in my opinion.
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And linux has app stores... I mean repositories.
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Scheudenfreude is not an admirable trait... hopefully you're not passing that on to children.
Oh, but wouldn't it be just great if he did?
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"Software" patents aren't magical; it's just that a piece of software is a phenomenon in the Universe that can be constructed with little capital.
In the not so distant future, when everyone has access to cheap custom-fabrication machines and labor (for CPUs, metal parts, whole devices, whatever your mind can come up with), people like you will be saying: "Another point against <insert some type> patents!"
Hmmm... One purpose of the patent system is to protect the little guy from having his hard work st
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annoying
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Yes it is....it's Xbox Live!!! :-P
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Among other things, I find it humorous ( for some definition of humorous ) that in Figure 1 they show "Tiles" of Outlook Express and Explorer.
From the document. (Page 33) "FIG 1 shows an illustrative configuration of the graphical user interface of the present invention. A grid 1 consisting of 3 by 3 matrix of nine tiles demonstrates some of the different contents that tiles can display. Tile 10 points to a database of stock quotes. Tile 20 displays active folders in an electronic mail utility. Tile 30 displays a position of an alphabetic list of quoted companies.Tiles 40,50,60,70 and 80 point to websites displaying, respectively, high technology
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