Microsoft Patents "Cartoon Face Generation" 117
theodp writes "The latest round of patents granted by the USPTO included one for Cartoon Face Generation, an invention which Microsoft explains 'generates an attractive cartoon face or graphic of a user's facial image'. Microsoft adds, 'The style of cartoon face achieved resembles the likeness of the user more than cartoons generated by conventional vector-based cartooning techniques. The cartoon faces thus achieved provide an attractive facial appearance and thus have wide applicability in art, gaming, and messaging applications in which a pleasing degree of realism is desirable without exaggerated comedy or caricature.' A Microsoft Research Face SDK Beta is available. Hey, too bad Microsoft didn't have this technology when they generated Bob from Ralphie!"
Re:Cartoon Face Generation (Score:4, Informative)
I don't have the link for MS tech but if you surf long enough you'll find some others already offering to make your avatar photo cartoonish with a pretty animated demo.
Re:Cartoon Face Generation (Score:5, Informative)
Burger King did this via a website with the Simpson's years ago. It was called SimpsonizeMe or something like that. Also, the Wii U does it now to create Mii's.
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Re:Cartoon Face Generation (Score:5, Interesting)
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Even 20 years ago I would probably use the term "smart" rather than "clever". Using the location of features to represent a face is pretty intuitive, and although there are other concepts covered in Microsoft's patent, none of it looks especially innovative. Of course, the issue here goes beyond Microsoft and is more about the patent office.
I understand that the patent office has limited resources and a lot of requests, but they need to do a better job with the resources they have. I suggest something like
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This actually seems like a worthwhile invention.
Sadly, like most recent Microsoft "innovations", it's a copy of other people's work being patented in an effort to block competition (likely including the original developers) and/or extort money from people with a real product.
http://www.hongkiat.com/blog/11-sites-to-create-cartoon-characters-of-yourself/ [hongkiat.com]
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So, now, mathematics are patentable.
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Re:Prior art (Score:5, Informative)
I guess you didn't actually read the reference pages you berating. From the Rotoscoping wikipedia page:
In the mid-1990s, Bob Sabiston, an animator and computer scientist veteran of the MIT Media Lab, developed a computer-assisted "interpolated rotoscoping" process which he used to make his award-winning short film "Snack and Drink". Director Richard Linklater subsequently employed Sabiston's artistry and his proprietary Rotoshop software in the full-length feature films Waking Life (2001) and A Scanner Darkly (2006).[7] Linklater licensed the same proprietary rotoscoping process for the look of both films. Linklater is the first director to use digital rotoscoping to create an entire feature film. Additionally, a 2005–08 advertising campaign by Charles Schwab uses Sabiston's rotoscoping work for a series of television spots, under the tagline "Talk to Chuck".
So, even though Rotoscoping was first a manual technique done in 1915 and patented in 1917 (tracing live action frames that are projected onto the back of a frosted glass panel), that process moved to using a computer, and then was automated within the Rotoshop software.
There's even a patent from 1994 mentioned: US Patent 6,061,462 http://www.google.com/patents?vid=6061462 [google.com] for a digital rotoscoping process (that's a separate work from the Rotoshop software).
These may all be listed in Microsoft's patent - I haven't read it - but they certainly seem related, if not prior art.
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It's only prior art if they did things the same way. God help us if the USPTO's standard of an invention becomes "does the same thing as something else".
Re:Prior art (Score:4, Interesting)
Unfortunately, that's what most software patents seem to be like. Look at the ridiculous 'rubber-band' effect for indicating you've reached the end of scrolling in iOS. The patent office approved it and I believe ruled against Samsung in using it. I can almost guarantee the code used to implement it was not the same. That is patenting the idea, not the implementation. The same goes for most other examples of software patents. You can't work around them by doing something differently, you must actually do something different, or so it would appear.
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Indeed, it's disgraceful which software patents have been approved. That is an issue. If MS have generated a new algorithm in this case then that should, in principle, be patentable. And if the algorithm is described previously elsewhere, it shouldn't be.
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I was also under the impression specific algorithms were not actually patentable.
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I mean algorithm in the more general sense here of a process by which something is done. That was a poor choice on my part. (Yes, I'm the kind of nerd who would describe his process for sorting socks as an algorithm.)
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I find I get better performance appraisals if I don't go to work with one of my 'Wicked Witch of the West' socks and one of my sparkly gold ones.
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Owing to laziness and slow turnover I own about fifteen brands of socks, all of which have different thicknesses. If I don't match them up, I walk lop-sided.
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Inneficiency is the enemy of laziness. It doesn't take very long at all to make sure new purchases match your existing sock stockpile, you probably use more time every week seeking out matching socks than it would have taken to just buy same-brand socks. Your application for a Laziness merit badge is hearby DENIED.
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NO. No, no, no. Ideas are *explicitly* barred from being patentable in the US constitution, along with mathematics, in either case the chilling effect on innovation was deemed far greater than the benefits it might provide. Remember patents and copyright explicitly exist to benefit society, the benefit to the creator is simply the carrot dangled to incentivize them to create.
It's the specific design that can be patented - in physical objects that corresponds roughly to blueprints+description, the implemen
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>Then explain the patent for the Hilbert-Huang Transform
Easy. Ignorant and/or corrupt patent examiners. Wouldn't even need to be bribery, the US patent office is funded in large part by the fees charged to grant a patent, thus incentivising them to grant as many patents as posible.
Honestly I'm still on the fence about the software=math argument. I'm a programmer, so certainly I know full well that all a computer can do is arithmatic operations (well, and conditional jumps - I'm not sure those technica
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So you shouldn't be allowed to patent, say, a car that does one trillion miles to the gallon, or is made out of four pounds of plastic, because at the end of the day it does the same thing?
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Actually, that isn't quite right. The patent itself would cover the entire business case to be made for such an invention, that is the whole car, or any possible way in which the engine might be used.
The INDEPENDENT CLAIMS in the patent would include all of the things you listed. A solid, enforceable patent will have independent claims specific enough to exclude as much prior art as possible, but that doesn't mean any prior art would invalidate the patent. Your super efficient engine design, for example, co
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Engines already exist, though. So do materials. It's just another method of doing the same thing, after all.
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It doesn't even have to be more or less realistic, so long as it uses a different approach. The text about realism is to establish what their invention is supposed to accomplish, which is important in establishing that something is worth a patent in the first place but not part of their legal power.
Comment removed (Score:5, Insightful)
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The patent isn't on automatic generation of the caricatures, it's on their particular algorithm for doing so.
-jcr
To find out that the mo-cap I've done with standard web cams to create game sprites and do digital lip-syncing since the mid 90s isn't infringing just because I can use a Kinect for an input will cost millions...
...on a computer. (Score:1)
Well, $SUBJECT says it all, really.
Sigh. When will those plagues disappear.
Re:...on a computer. (Score:5, Insightful)
They're not patenting the entire concept of "cartoon face generation", just a particular approach to the problem that they worked on. Read the patent - they even refer to almost three dozen existing papers on the subject, so they're certainly not pretending to have invented the entire field. MS Research's algorithm tends to produce results that are recognisable and flattering at the same time, which I imagine they could find very useful for XBox Live.
I think the real problem here is the misleading "X patents Y" headings used on Slashdot to alarm people.
For Windows Phone only (Score:5, Interesting)
Before you waste your time downloading the SDK note that it is for windows phone 7 only. I know they did sell a few, but I've never met anyone who bought one.
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Avatars and those boxes in service stations (Score:1)
I am sure I have seen those "photographic" type booths in service stations that do cartoony caricatures of people - are these not prior art? and what about avatars for forums - does Microsoft now own the patent on these? What about services like befunky? http://www.befunky.com are they now going to have to pay MS a license fee for continuing to provide services?
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Funnily enough all those wavy characters underneath the title of the patent are a text - in the English language, no less - which describes what has actually been patented. The title is... well, it's the title. It doesn't actually define the patent.
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My apologies - I am not well versed with the US patent process but I thought that the detailed description saying:
"Described herein are systems and methods for cartoon face generation. In one implementation, an exemplary system generates a cartoon face from an original image, such as a photo that portrays a user's face. The style of cartoon face resembles the likeness of the person portrayed in the original photo more than cartoons generated by conventional vector-based cartooning techniques. The cartoon fa
Microsoft Research (Score:1, Troll)
So instead of drawing a cartoon face yourself, which is something everyone can do and enjoys very much, Microsoft wants to automate this "task" away from you so you can do what? Have a good time with Excel instead?
It's just like the horror that is Microsoft Song Smith [microsoft.com], where Microsoft wanted to automate the "tedious chore of composing music" by letting a computer generate tunes instead. It's just stupid. It has no application. It leads to nothing. I'm not against fundamental research or anything, but this s
Re:Microsoft Research (Score:5, Funny)
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Presumably it's so that the next-generation Kinect will be able to assemble user avatar faces automatically using its camera. Trying to assemble a good face using sliders and decals, as in current implementations on the Wii and Xbox, is a pain in the arse, so having it knock together a reasonable starting point using 3D scanning and face recognition would be nice..
Doesn't the 3DS already do this, in fact?
Obligatory: this gives MS a patent on an approach to cartoon face generation, not the entire idea. I've
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Obligatory: this gives MS a patent on an approach to cartoon face generation, not the entire idea. I've not read the claims so they could all be obvious, previously existing and unpatentable waffle but it history suggests we'll have a raft of comments about "blah blah did this already" without reading the patent.
In theory you're right. In reality, patents are so broadly written that they actually do cover the entire idea.
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Perhaps you should start to learn. You might enjoy it.
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Yeah, just like there's a thin line between crazy and genius. Doesn't make every crazy person a genius though, just like there is very little beauty involved with these Microsoft Research projects. I'm sure they do plenty of awesome stuff, but I don't think the notion of automating creative processes can lead to anything good.
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Isn't Song Smith an extensions of the kind of DirectMusic research that gave us videogame soundtracks that respond to the current action? That's been pretty useful.
Just because you see a cute consumer-facing endpoint that you don't find useful doesn't mean the entire project was "automate composing music".
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Adaptive music in video games has absolutely nothing to do with what Song Smith attempts to do. This is Song Smith's algorithm: it analyses a melody (recorded by voice), then does a bad guess at the suggested tonal scale and harmonies (which is basically impossible to get right, because the data just isn't there) and then uses these guesses to accompany your singing with chords, played by a cheap sounding midi rhythm machine. The result can barely be called music at all and is completely unrelated to anythi
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I would argue that whoever creates the music generation system is the one doing the expression in this instance, inasmuch as the design of the algorithm is determined by the author's sense of what is musical. Is this really any less expressive in principle than any other piece of algorithmic art?
I don't think we have to worry about algorithmic music taking over creative expression at any rate. By necessity, if the prevalence of such a system caused an objectionable reduction in expression in music, non-gene
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Songsmith is just a cheap ($30) little program obviously aimed at the casual or party game market to allow people to experience what it is like to be a singer with a backing group. It is not intended for serious use or to replace real musicians. If that had been the intention then they would have priced it much higher to compete with Band-in-a-box [pgmusic.com].
Similarly, this cartoon drawing system is not part of some plot to put real artists out of work. It is designed to incorporate stylised caricatures within games o
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Nobody said it did.
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where Microsoft wanted to automate the "tedious chore of composing music"
[citation needed], I can't find this line anywhere.
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So instead of drawing a cartoon face yourself, which is something everyone can do...
Not everyone can draw a plausible caricature of themselves. Try it sometime.
Long time back, Microsoft Research China released an IM client for low bandwidth video chat at dial-up speeds. (less than a 15K modem)
It's just like the horror that is Microsoft Song Smith, where Microsoft wanted to automate the "tedious chore of composing music" by letting a computer generate tunes instead.
Not stupid at all.
The most obvious practical application would be in video games, where synching art, animation, music, audio and visual effects to the player's actions without odd incongruities and obvious repetition is a major problem and expense.
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(1) Not everyone can draw a cartoon version of themselves that would be aesthetically pleasing.
(2) They animate the face to match captured motion.
Now, granted, for (2) they could instead analyze a cartoon face drawn by a human and figure out how to animate it...but I'm guessing you would think THAT was a waste of time as well.
I used to work in creating educational software. Having this technology would have been a boon for some of the stuff we were planning.
You sure are down on what, I think, are interestin
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I'm genuinely interested: how could these sort of research projects be of any help at all with anything? Isn't it this simple: if you want a drawing but can't draw one, hire an artist. If you want music but can't make music, get a musician. It's not expensive nor complicated to get some help from an expert on these things.
Software as a tool to empower people who create is great, but software that actually generates creative content itself is completely useless in my opinion.
Hold your horses (Score:1)
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Setting aside everything that's wrong with patents for a moment, they don't get a patent on everything that can be described by the patent's title. They get a patent on the specific things they describe in the text.
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From looking at the patent, the problem is it appears to be a pretty status-quo technique with only arbitrary differences from what anyone else might do. If anything there is really innovative, I'd like someone to point out what it is. To be fair, this article says less about Microsoft and more about the patent office's low bar for granting patents.
I understand that the patent office has limited resources and a lot of requests, but we cannot continue to depend on the court system to sort out what is novel a
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The burden should really be on the patent submitter to point out exactly what is so innovative as do deserve a government enforced monopoly over the approach. If the patent is 90% mundane details, it should not be the job of the patent office to pick out what is worthwhile. If the submitter cannot make a concise and convincing argument, then they don't deserve a patent.
Then it falls back to the patent office to pick out which arguments are convincing, which is a pretty much similar task.
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The point is to get the scale of the task more manageable. There are already ways for the public to make arguments against patents (though I'm sure there's room for improvement), but when the burden is on the reviewers (whether in the patent office or outside) to counter every piece of fluff in the application, it becomes a huge task. I suggest something like this...
The submitter is required to highlight what they consider to be innovative aspects of the patent with the most novel listed first. They get onl
Realistic cartoon face (Score:2)
How about just using a photograph instead?
3DS and Wii U (Score:4, Interesting)
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Basically what thousands of animators have done when using an actors image to create an animated character. When the animated character is computer generated this B$ patent allows M$ to sue every animation company across the globe who has down this. Note is does not include or exclude human activity in the process. This is a straight up long term grab for cash as M$'s other products die and they become more patent suit orientated.
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Back in the, you could patent a door once. But today, you can patent the door thousands of times, as long as you change the way it is constructed.
I think the link says it all... (Score:5, Funny)
'generates an attractive cartoon face OR graphic of a user's facial image'
So it can either be attractive OR look like you.
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So it can either be attractive OR look like you.
If they said 'XOR' I'd see you're point, but they didn't. It's obviously a logical OR, not a colloquial one.
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Clippy: Would you like help generating an attractive cartoon face for yourself? [Yes]
Attempting to generate an attractive cartoon face...
Error 7923: Damn, you ugly.
[BSoD]
I have to ask this... (Score:2)
Now, I admit I can't be bothered to actually read the patent, but does it describe the algorithms for the method? Or is it just like the linked picture? (Photograph->"magic box"->cartoon picture)
I surely hope not, because then the patent system is useless. But it also would mean that I could patent any input->magic box->output method I can dream of.
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Yes, the USPTO let them file a patent which is literally just a picture.
Microsoft Chat Again (Score:2)
Good ol' chat.
Microsoft Patents "Cartoon Face Generation" (Score:1)
Let me tell you a few things about patents (Score:5, Interesting)
First of all the bottom line - patents suck shit. I'll try to explain, although there's so much to tell.
The only positive thing about patents was the original idea that inventors need a tool to protect themselves from copycats. A pretty good idea, but then came other people and turned the idea into a steaming pile of shit, as we often do with everything.
There's a number of complexities that people do not take into account when they file a patent:
1. It's freaking expensive because at some point you have to work with patent attorneys. You can submit provisional yourself, but you must hire patent attorney in PCT or National phases and it's unlikely that you can use proper language that the patent attorney will use, so you risk not having your provisional be considered a priority document (which sets the priority date, when your invention is considered to be created).
2. You'll spend a lot of time on it. Time that could better be spent on building and improving your product.
3. You'd have to reveal all details of your invention to everyone. What if it's hard or even impossible to prove if anyone infringes it later? Patent attorneys will never tell you not to patent it (see #2 above).
4. There's a very good chance that there's something like you invented already, so you won't get a patent despite all the efforts. In other words, unless your invention is abso-fucking-lutely genius, you're doomed to fail on "novelty" or "inventive step" requirements. Almost no doubt about it. Patent examiners are not the sharpest pencils in the box. Read this if you don't believe it: http://www.cbsnews.com/8301-505124_162-57581797/the-letter-to-the-patent-office-you-have-to-read/
5. Let say you got your patent granted. You think you just skipped to the "profit" bullet? Ha! In order to benefit from your patent you need someone who infringes it and benefits enough from it to pay you damages. Not a small startup, they won't be able to pay you damages so no sane lawyer will take your case. If the infringing party is rich enough they still need to benefit enough from the infringing product or again no sane jury will give you the damages. Take into account that the bigger the infringer is, the stronger they'll fight you. They will bully and starve you.
6. IP cases take a very long time and cost millions of dollars, and their lawyers will drag you all the way through Inter Party Review at USPTO (where they'll reexamine your patent, another year and $500K) and it's quite possible that they will find some freaking conference presentation in Chinese that's close enough to your invention. Nobody will give a shit that you don't understand Chinese and never been to that conference.
7. In the US you could go to ITC (International Trade Commission) instead of a district court, but that only works when the infringing party is a foreign company and they import the infringing products into the US. ITC also doesn't give you damages, they can only stop the import of infringing products.
All the above taken from my very bitter experience in managing about 40 patent apps in different country.
JUST DON'T DO IT
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Like for example... Einstein, who worked has patent examiner!
Let me bother you with some facts. He did it for two years right after the graduation, while seeking for a teaching post. These two years were recorded as a very frustrating period in his life. Furthermore, he wasn't an examiner, he was examiner's assistant and several times he was passed over for a promotion, which also speaks volumes of the Swiss patent office at least back then.
I worked in a restaurant when I was a student. I finished summa cum
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Nope, I still do the same shit. My kids gotta each something and learn better not to repeat the same mistake that I made.
It takes two (Score:1)
inception (Score:2)
The real innovation is it's use of decision trees (Score:2)
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| --> A: Yes --> Yeah, everybody loves roller skatin'..
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| --> A: No --> Yeah, everybody loves roller skatin'...
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More algorithm patents. Yay. (Score:2)
Sftware and business method patents simply should not exist. Period.
Software patents .. what software patents? (Score:1)
Ohh yeah, isn't it nice to be in a country that is moving away from this insanity?
http://www.iitp.org.nz/newsletter/article/430 [iitp.org.nz]
http://no.softwarepatents.org.nz/ [softwarepatents.org.nz]
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Ann C.