Please create an account to participate in the Slashdot moderation system

 



Forgot your password?
typodupeerror
×
Netscape The Internet

NCR Sues Netscape For Patent Infringement 211

cswiii writes "C|Net has this story about NCR suing Netscape over nine patents said to be infringed. " NCR is suing over nine patent infringements for "organizing and retrieving information from computer databases". We'll update this story as more details come out.
This discussion has been archived. No new comments can be posted.

NCR Sues Netscape For Patent Infringement

Comments Filter:
  • by Anonymous Coward
    That T Jefferson was obviously a longhair opensource linux freak!! What a communist thing to say! Thats so unamerican (not like microsoft there very good and american), I bet T Jefferson doesn't even know how to play space cadet!

    if you longhair communist linux freaks had your way i couldnt even earn my living with my patent "winning at space cadet by shooting things down"
  • by Anonymous Coward
    Software patents are a necessity at this point in time. When used appropriately they help the little guy has to protect his work against the big bad corpoaration who want's to steal his idea. You just have to make sure that your patent description is strong enough to defend against all the guys out there with the 2" brushes hanging in their garages.

    This is bullshit. "Little Guys" aren't going to spend time and money researching and writing patents for their code, they're going to research and write CODE.

    Patents are for companies with legal departments (guys in their basements usually don't have those) and the money to finance them. A small guy in his basement (who's trying to enforce a patent) will STILL have to pay lawyers, and (as you're probably aware) patent lawyers aren't cheap. Unless the patent is blatantly obvious (obvious enough for copyright issues to apply,) it comes down to "whoever has the most money wins."
  • by Anonymous Coward
    i figure if you can patent how to do everything else, everyone who owns a car that has the sterring wheel on the left side owes me a royalty of 2.00 a month for as long as your car is registered.

    Actually, something like that did happen in the early years of the American automobile industry. By 1915 the National Automobile Chamber of Commerce was organized to administer cross-licensing of automobile industry patents.

    One of the main triggers for this move was the Seldon patent case. George B. Seldon received a patent in 1895 (filed in 1877 and delayed by continually altering his application) covering the use of the internal combustion engine in any road vehicle.

    Seldon ended up selling the patent to the Electrical Vehicle Company in 1900 in return for future royalties. EVC created the Association of Licensed Automobile Manufacturers to license the patent.

    ALAM refused to license the patent to Henry Ford, stating that he had not proven he could build a suitable vehicle. (Catch-22.) Ford snubbed ALAM, and began competing in the marketplace. ALAM sued Ford and spewed FUD everywhere. In 1911 Ford won the case on appeal, on the grounds that the patent didn't pertain to the engine Ford used.

    Henry Ford was a staunch opponent of patents. He had his own portfolio, but allowed anyone to freely use them. If it were not for his tenacity and financial ability to withstand the legal onslaught, the US automobile industry landscape would have turned out quite different.

    Incidentally, the US Government made some changes to the patent system following this debacle.

  • by Anonymous Coward
    You are looking at this all wrong.

    First off, you must ALWAYS look at patents (and copyright) from a semi-solicalistic 'socity benifit' point of view, because these things (patents and cr) at limititaions on our natural rights for the benifit of all.

    Next you fall for the idea that these million dollars-of-resarch patents would not be descovered without the $$. This is untrue. In *EVERY* case of OSS patent infringement I've see, the OSS people came up with the solution on their own for free. Whats more value to socity, a corp wasting millions to come up with the same thing a few hackers can do on their own for free?

    I find it hard to believe that you are really a researcher. If you were, you would know that there are two types of researchers: Commercial and academic. Seldom do either of them profit from their work (corps take the money from the first, and the later often give it away).

  • by Anonymous Coward
    You obviously don't know the difference between copyright and patents, yet, you're lecturing the original poster?

    Do some reading on software patents, and come back and discuss it then.

  • Actually, I think non-US companies have to care about patents in this country. The US still represents a significant part of market share, so companies that produce software products that they are banned from selling in the US are cutting themselves out of an important slice of their potential market.
  • by Anonymous Coward
    Make sure you read both sides, and not just the arguments from the FSF (aka The Righteous Ones(tm) ).

    The Patent system is overdue for some rework and repair, to eliminate some of the abuses of recent years.

    Tearing the whole thing down, while it might make a few college radicals all wet to think about, isn't Revolutionary(tm), it's just plain revolting.
  • Mosaic was not open source. Sure, the source was available, but the license is not compatible with the Open Source Definition, because you can't distribute it for a fee. This means it wouldn't be possible to distribute it on CD, for instance. The license also states you can only use it for "internal business use", which means there are a lot of uses for which you need to negotiate a special license.
  • You could actually look at the patent you refer to. It is for a specific design of *rear*
    unloading wheelbarrow with an original pivot. It isn't an attempt to patent the generic wheelbarrow.

    If you can't recognise when someone innovates, what right do you have to talk about the process
    that administers the exploitation of innovation?

  • These patents were from 1996 to 1999, and Netscape has been around longer than that. In today's retarded patent environment, it seems an unscrupulous company could patent an idea they saw another company invent and then sue them for infringment because the inventing company didn't patent the idea. Most of the lawsuits wouldn't go all the way but a lot of companies would just settle rather than deal with the hassle. I know the 'prior art' thing is supposed to deal with this but I have no faith in the USPTO to actually think their way through this trouble.
  • Rivest, Adelman, and (S?) were all college professors. They were being paid primarily to teach college courses, not to invent new encryption methods. Where MIT came in was that they had to test whether their method actually worked, and MIT (Revest's employer) had computer time available. In addition, Rivest had to "publish or perish", so this was something to publish, but to do so automatically made it property of MIT.

    In any event, this is just an example of how an important invention (RSA public key encryption) was invented by college professors trying to get tenure, and how it would have been invented even if there was no such thing as a patent. And this is true of most computer software innovations.

    I cannot think of one single computer software innovation that would not have happened without software patents. Or are you saying that the spreadsheet would never have been invented? Or the language compiler? Or databases? Guess what, all of those fundamental inventions were created prior to software patents!

    -E

  • Well, consider the RSA patent. I don't think there's any argumennt that, by pretty much inventing public key encryption using the prime factoring problem, the three people involved made a great contribution to the state of the art.

    But: Consider this: None of the three inventors have seen a dime from the patent (other than any consulting money that they've gotten since). The money all went to PKP and MIT, since they gave up their patent rights when they became an employee.

    Big Ideas, like the RSA algorithm, are rarely the work of expensive research projects. Ron Rivest and friends were building on the work of previous researchers like Diffie and Hellman (I think it was Hellman who actually said "If we can find a trapdoor function that's hard to reverse, we could do true public key encryption", Rivest et. al' "simply" found such a trapdoor function). It is likely that RSA encryption, arguably the biggest idea in modern cryptography, would have been invented even without patent protection, because at the time it was invented the whole notion of software patents was fairly new (and was being pushed by the NSA primarily to limit the spread of encryption technology). The three primary researchers used a little computer time once they came up with their scheme, but the initial idea itself was the result of a little work with pencil and paper, not the result of a big research project.

    Now things have gotten to the ridiculous level that RSADI is patenting mathematical operations "if they're used as part of an encryption routine". Want to patent multiplication as part of a symmetric 128-bit block cipher? Go ahead, the patent office will likely grant it! Pfui. Just as ridiculous as trying to patent human genes...

    -E

  • What is it about Slashdot readers and their inability to comprehend patents? This has got to be the 8 billionth time I've read on Slashdot "so-and-so patented foo, even though foo has been around for a long time". Read the freaking patent - it doesn't claim a patent on wheel barrows, it claims a patent on a cam mechanism for lowering the end of the wheel barrow for loading and unloading. In other words, it patents a new invention that applies to wheel barrows.

    Given the past performance of Slashdot readers, I now expect some bright spark to say "well, if he can patent the wheel barrow, I'm going to patent the wheel and demand payment from GM".
  • See my earlier post where I predicted somebody would make some moronic remark about "if they can patent foo, then I can patent something else". Looks like I didn't have to wait long.
  • > Netscape, the company that closed the > Mosaic source code They didn't close the Mosaic source code, they started over with new source code, which they have since opened up.
  • Thank God for AOL! (I never thought I would say that!) Thank GOD AOL has a good bankroll to fight this. I just hope they try to fight this. It will be a test case of software patents. I hope they don't see it in their best interest to lose. Maybe they have their own patents as well.

    The WAR has started.

  • I think you picked a bad example there. I checked out the Wheel Barrow patent that you referenced, and it looks like this guy has come up with a clever and relatively non-obvious extension to the basic design of a Wheel Barrow, by adding the ability for the Barrow to essentially "kneel" for loading.

    This doesn't counter the fact that there are quite a few bad patents being issued for computer software, covering very obvious techniques that have been in use for many years. And above and beyond this abuse of the system in place, there is the argument advanced (persuasively I think) in an LPF white paper [mit.edu], that shows that the economic and social benefits of patents on material invensions completely break down when applied to software because of the completely different ratio between production and design costs in producing a physical artifact and a software artifact.

  • Yep. That was a truly horrible article. Granted it was blurb, but it basically didn't say anything. It didn't describe at all what product netscape might be infringing on other than saying it had something to do with databases. I hate c|net
  • Surely the first language paradigms in their fields: assembler, smalltalk, lisp, prolog, haskell and any others I've forgotten (apologies if these were not the first in their fields) deserve a little credit for being original.

    Hamish
  • I wasn't trying to be a dumbass.

    You were trying to get first post. First posters are dumbasses. Therefore, you were trying to be a dumbass.

    Nyah!

    --
    A host is a host from coast to coast...


  • Targeting advertising in a home retail banking delivery service

    A practical system and method for the remote distribution of financial services (e.g., home banking and bill-paying) involves distributing portable terminals to a user base. The terminals
    include a multi-line display, keys "pointing to" lines on the display, and additional keys. Contact is established between the terminals and a central computer operated by a service provider, preferably over a dial-up telephone line and a packet data network. Information exchange between the central computer and the terminal solicits information from the terminal user related to requested financial services (e.g., for billpaying, the user provides payee selection and amount and his bank account PIN number). The central computer then transmits a message over a conventional ATM network debiting the user's bank account in real time, and may pay the specified payees the specified amount electronically or in other ways as appropriate. Payments and transfers may be scheduled in advance or on a periodic basis. Because the central computer interacts with the user's bank as a standard POS or ATM network node, no significant software changes are required at the banks' computers. The terminal interface is extremely user-friendly and incorporates some features of standard ATM user interfaces so as to reduce new user anxiety.


    sneaky! if this is what they're claiming, probably some bank set up their online banking to look like an ATM. and "We recommend Netscape 4.0 or better" is on the page. Ha! Netscape would be "violating" the transport/rendering thing.

    these patents sure are smoking crack. I wish there was some way to invalidate the invalid ones that didn't take a massive amount of money and time for the organiztion erroneously sued...

    Lea
  • I think Nike had a quote about 2nd place being 1st loser. You you can use that to claim 1st post.

    ;-)

    Seriously though, the lawyers can screw up anything. No legal expert here, but the patents are generally written so vaguely that they simply can't keep up with the rapid change in the 'Net.
  • You seem to be quite confused as to what the difference between a patent and having copyright rights means.
    Patents should only be possible to claim on truly revolutionary methods of doing things.
    I have yet to see anything in the software world i consider revolutionary enough to deserve a patent.
  • I think this idea deserves a little study. Several years ago, a fellow that I worked with developed an algorithm for target detection that was the first and only of its kind, as far as I had seen. I helped to refine it a bit, but basically it was his beastie. On application for patent, we were told that ALGORITHMS were not patentable (this was in the late '80s; things are probably different now). I happen to be in agreement with this. The concept of what constitutes an invention these days is becoming more and more vague. Patents should not be used to squeeze money out of industrious people who happened to solve a fairly well-understood problem in their own way. Now, I don't advocate that all software be free. Software licensing should adequately cover companies like Corel, Microsoft, and Adobe and their software products. Patents on "a spell checker" and the like are frivolous when there are dozens of similar algorithms/applications out there. Selling USES of those is perfectly fine, in my view. Patenting the IDEA of them is idiotic. And a waste of money, paper and the time of the US Patent Office.
  • "If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property." - Thomas Jefferson
  • WRONG! Prior art requires PUBLICATION. What you are suggesting has been suggested as a method of establishing copyright, but would NOT help you in a patent case.

    If you want to establish original invention, you should put your claim on a web page, date it, and register it with all the search engines.

    - John
  • Remember a year or so ago (?) when Wang sued Netscape for their ludicrously broadly-stated patent? (They actually claimed to own the hyperlink!) Everyone was wondering why they sued Netscape and not Microsoft until people started going to Wang's site and seeing the press release of a recent partnership with MS.

    That one was thrown out of court. My gut reaction is to say this one will be, too.
  • Let's just think about this:
    Is Netscape's only product the Navigator browser? Netscape has server-side products as well that may be ripping off NCR's own patents, as NCR has been in the server-client data business for years. Admittedly, I'm biased, since my father's worked for NCR since 1979, but IIRC the NCR Tower (and NCR *did* attempt to patent the word "tower" as pertaining to computer equipment, but failed) was around long before Netscape.

    --
  • in theory this may be of help but the real fact of the matter is that the ppatent office needs to be overhauled entirely. They have these messed up quotas systems that most of the time prevent them from doing good work. There is also a lot of law that is involoved. It is a messed up system that many people who are applying for patents (mainly patent lawyers) often take advantage of. TO be an expert in this one must be both a technological expert and a legal expert which is not something that we see alot of today. This is especially a problem as technology requires a lot of knowlege as does law.
  • In the not so distant future, as Free Software and Open Source begins to make a real impact, we can probably expect this phenominon to shift, where lawsuites are aimed at entities (and probably individuals) without deep pockets. Not for the purpose of getting a settlement and some easy cash, but for purposes of disrupting and even destroying (financially) the entity in question, who presumably cannot afford to defend themselves in court. Countless opponents of software patents have been warning us of this ugly scenerio for quite some time.

    Not so distant future? try not so distant past. This is happening already on a regular basis. Large companies are already trying the extremely effective tactic of frivolously suing tiny companies for the sole purpose of destroying them. As you said, even if the lawsuit would be thrown out of court the instant it went before a judge, the mere act of hiring a lawyer can be enough to take the small company out.

    This is primarily happening in cases of emulators-- for example, Nintendo knows that clean-roomed reverse-engineered emulation is legal and not a patent violation, but that isn't important. They've lost every single lawsuit against a creator of an emulator, but that isn't important. What is important is that they are a huge corporation with deep pockets and the emulation people are generally hobbyists who can't pay legal bills. So, nintendo has been suing pretty much everyone. The more you look into emulation the more instances similar to this you see.

    The biggest problem i see is that patents were designed as a shield; a defense against unscrupulous people who would simply rip off what you have spent so long inventing. But lately patents have been used more as weapons; to prevent competition, to hurt specific people, or to simply extort money with no basis. Any case of patents being used for offense rather than defense in my eyes proves the system doesn't work..

    -mcc-baka
    INTELLECTUAL PROPERTY IS THEFT

  • wonderful idea. After all, they're suing gun companies for abuses of the gun companies' products by consumers that the gun companies have no way of preventing; so obviously what's to stop someone from suing the patent office for abuses of the patent office itself which the patent office could have very easily prevented by policing itself more?

    Of course, the only result will be that the entire settlement will go into the pockets of various lawyers, but it would be worth it for the sheer irony value.

    heh.. kewl.
  • In *EVERY* case of OSS patent infringement I've see, the OSS people came up with the solution on their own for free.

    I am not aware of a single piece of OSS that used LZW compression for GIFs that came up with that compression independently. Every one I know of copied the algorithm from someplace else (book, journal, specification, other software, etc). That's not "coming up with the solution". That's translating an algorithm published by someone else.
  • If concepts are not property then how do copyrights not invade basic personal freedom? Why should I not be allowed to photocopy Steven King's newest book and sell it? I'm not stealing his property.

    The idea that the guy who is smarter and more on the ball succeeds is a convenient and comforting Calvinist myth that I have failed to see manifest itself in the real world in anything approaching a consistent manner.
  • The point isn't whether OSS comes up with better or worse compression techniques. Go reread what I quoted. The original claim was that OSS independently discovers every patented algorithm they use. Which is utter crap. I know why they use LZW. What I am arguing is that OSS did not independently invent LZW. They copied it from the people who did invent it. There was NO independent invention of LZW.
  • Anyone knows for usage of which technologies, and hence for infrigement of which patents, they have sued Netscape? Links into the IBM patent database would be especially good.
  • Two possibilities here-first, they wanted to wait for AOL's aquisition of Netscape to be completed so there would be more capital to pay off a settlement. Second, the article notes that patents were awarded as late as this year. It could be they were waiting for the patents to be awarded before they sued.
  • Actually NCR has had a long line of UNIX systems that they sold for enterprise database systems. I cut my UNIX teeth on a UTower 32/400 MANY years ago. Now they have the terradata servers which are used in a number of enterprise scale solutions.

    I think they are sueing for back end products. It could be netscape's livewire product or publishing system. I guess we'll know in a few hours or days.
  • unless of course the people who are seeign the "advertising" decide that such a company should not be dealt with in any way. alot of people reading slashdot are probably people with the ability to influence the buying of a large number of companies and by realising which companies have a blatent disregard for fairness is only going to help bringing about their ruin. if you do not advertise such things then it will continue to happen
  • This is about Web Browsers right? It could probably apply as well to Amazon.com
  • > If mr Ugh is making money selling is wheels,
    > he will be pissed of when mr duh start doing
    > the same.

    Only if Mr. Ugh happens to be a monopolist would he be "pissed off" when someone starts competing.

    If he's not a monopolist, let's say he's a free market capitalist, he'll try to compete with Mr. Duh on the merits of his wheel and his market placement. He'll advertise the new UghWheel-2000, he'll get an OEM agreement with Flintstone Cars, Inc., he'll guarantee his wheels against defects, and include a coupon worth 5 rocks towards your next UW2K purchase, and all the time he'll be developing and manufacturing new UghWheelLight (lighter and stronger!) in his private guarded cave so that when the time comes, he'll have inventory ready to ship before the competition has ever seen it.

    If he can patent it, why bother? Let someone else do the work, play throw-the-stone with his lawyer, and just let the royalties flow in... but I don't see that as a "free market". Sounds like a "pay-to-enter market" to me.
  • In the downward direction.

    I had searched the patent database for something simple and ridiculous to have a patent on. I skimmed over the entry that was labeled (quite simply) "Wheel barrow". I skimmed a little too quickly, and I screwed up...

    My apologies. I don't wish to be perpetuating the flow of incorrect information, and I was *seriously* out of line with that one-- moderators take note, the information *is not accurate*. I will *definitely* be more careful from now on...

    Thanks to the folks who pointed that out!
  • Actually you can get something called a design patent on the shape of a drawing (well, depending on the drawing and what you're using it for).

    Design patents don't cover "inventions" as such, but are more like copyrights. I don't know for sure, but Apple's suit against eMachines over their lookalike of the iMac could be based on a design patent.

    Invention patents were supposed to require both newness (as in "no prior art") but also non-obviousness, as in "not obvious to someone skilled in the art"). The problem with most software patents isn't necessarily newness (although in some cases it seems patents have been issued for the non-new), but very much from obviousness. Most folks "skilled in the art" (ie experienced programmers) would come up with the same obvious solutions to a given problem as are getting patents these days.
  • Hey, that's brilliant!

    Joe's New Quantum OS ... JNQOS ... JunkOS!

    I love it!

    --Corey
  • Point taken. I was thinking more of mindshare and (at least perceived) growth opportunities. Lots of "dinosaur" firms do just fine on the revenue side, but barring new revenue sources the trend tends to be downward - though it can be a long, long, long decline. How often do you hear of someone setting up a new installation and buying, say, Unisys, DG, or NCR servers? These guys might still be big revenue-wise, and might still make good hardware, but they're not in the running to grow those businesses anymore (without something happening to bump up their mindshare).

    Some manage to transform themselves - hasn't Unisys become almost exclusively a service provider?
  • Can someone please, please patent the practice of posting "I'm gonna patent X" where X is something inane? So that we can get rid of this plague every time a patent story comes up.

    Or is this something we're going to be stuck with Forever(tm), like "First Post", "Let's make this a Beowulf cluster", and "Slashdot is going downhill"?

  • Next time read the patent. It's NOT for a wheel barrow, but a device that allow lowering the bin of the wheel barrow for easier loading. Perfectly legitamate as far as I can tell.
  • The problem with your theory is that you don't weight the number of people with the per capita income. The US is perhaps 5% of the world poplation, but it represents 25% of the world's economic activity. It is also the technology leader in just about all important aress Thus it is a far larger market than China is likely to be in the forseeable future. A peasant pulling plow through a rice paddy isn't going to care about the internet. Right now the US has a higher percentage of people that finish advanced degrees than China has people that finish the first grade. (Direct quote from Chinese prime minister during recent visit to US).



  • Your example is WRONG. A patent FUNDAMENTALLY does NOT give you the right to practice your invention, only the right to prevent someone else from practicing it!! Your spray paint patent is only good for preventing the Joe Mega Corp from using a paint sprayer, it does not give you the rights to use his prior patented process to make wedges. Joe Mega may want to license your patent for cash, or may want to cross-license so you can both now make wedges with spray paint, but if you go into the wedge business using the Joe Mega process, you are infringing on their patent.
  • >Quite frankly, I think that all patents ought to be done away with.

    This statement apparently was made without any thought. While the current mess of software patents is not good, the basic idea behind patents was and still is needed. For an example of why they are needed you only need to look at the cotton mill, which was patented, but since the patents weren't easily enforceable back then thousands of copies were made and sold, and the man who invented it wasn't able to get any signifigent return on his investment of time and intellectual thought.

    The beauty behind patents is that after the patent expires the idea becomes public domain, and anybody can use it. It may be that the period of time for patents may also need to be adjusted (currently I think it is 17 years, except for medical patents on medicines which is 3 years), but that is another discussion.
  • by Anonymous Coward
    WILMINGTON, Del, Sept 20 (Reuters) - NCR Corp. (NYSE:NCR - news) filed a patent
    infringement lawsuit late Friday against Netscape Communications Corp., an affiliate of AOL
    (NYSE:AOL - news) since AOL bought the Internet browser earlier this year for $10 billion.

    In papers filed in the U.S. District Court in Delaware, NCR listed nine patents whose eight
    inventors had assigned the patent rights to NCR from 1994 through 1997. NCR is based in Dayton, Ohio.

    The patents include methods for blocking unauthorized users from gaining access to networks, for identifying users, for the symbolic display of a network model and for the management of networks.

    A Netscape/AOL spokeswoman, reached at Netscape's headquarters in Mountain View, California, said, "The suit is without merit and we plan to fight it vigorously."


  • by Anonymous Coward
    NCR has nearly 2000 patents in the USPTO database, and if you scan through them, you'll see lots of entries that will make you go 'What the...?'

    They've got patents from an 'ornamental design for a computer' (which I unfortunately can't see the pictures of) to this: 'Blocking a "reply to all" option in an electronic mail system'. The abstract for the latter one says "A "Reply to All" command may be selectively blocked by a sender in an electronic mail system. The "Reply to All" command may be disabled in response to selection and enablement of a "Block Reply to All" option when the message is composed by the sender. After the sender transmits the message, the message is displayed in a window on a computer operated by a receiver. If the "Block Reply to All" option has been enabled, then the "Reply to All" command is disabled at the computer operated by the receiver. The disabling of the "Reply to All" command may be visually represented by a change in the display. "

    I can't believe they can patents things like that.
  • Actually, Wang was in financial trouble and was using their patent hoard to sue several parties, including Microsoft and Kodak/Eastman.
    Now Wang has been acquired by Kodak, who have subsumed it into "Eastman Software", and they are very cosy with Microsoft. Their TIFF viewer ships with every copy of Windows 9x since 95B, and the offer a line of imaging software that integrates with MS-Exchange, which appears to be intended to help Exchange compete with Lotus Notes.
    The attack on Netscape came a few years later, and it's not hard to imagine that it was done in collusion with MS.
  • They had 6 billion in sales last year, compared to 4.5 billion for AOL (which owns Netscape, of course.) It's not that they're not relevant, it's just that they're trying to make themselves appear relevant -- trying to force themselves into relevance -- in a market area where they never had any pull before.

    - A.P.
    --


    "One World, one Web, one Program" - Microsoft promotional ad

  • Somehow, all the patents ends up being owned by companies large enough to afford their own patent lawyers, or companies specializing in patent portfolious. Patents basically allow a few large companies to control an industry with cross-licensing agreements, keeping everybody else out.

    Patents doesn't exists because the inventer "deserves" anything, at least not in the US. They exists as an incentive for the inventor to share the invention with others, thus promoting science and art. The US constitution is quite clear about that.

    Patents is a violation of peoples freedom (much more so than copyrights, since it also covers independent inventions), and can only be excused if the benefits to science and art are larger than its cost in individual freedom.

    For some patents, this might be the case, allthough the period may be too long. But there were plenty of innovation in software before patents, so there are no excuse for those.



  • No, but many have come up with compression techniques that are no worse than LZW. The reason the LZW patent is valuable isn't that it is particular good, became in widespread use in many protocols and file formats, because it was well documented and unenforced. When Unisys started enforcing it, alternative algorithms was quickly developed. However, the need to communicate through old LZW based protocols and file formats continues, and thus make the patent valuable.
  • NCR produce large scale machines used for datawarehouses. Essentially they have the database engine (Teradata) implemented in hardware.

    While they have sold a number of these the market is small, and the likes of Oracle on Solaris are just as good and cheaper.

    I suspect that it is the "patents" on this that Netscape has supposedly infringed, rather than the ATM systems (sales of which are also going downhill, since NCR insist that you buy both hardware and software from them).
  • What makes this really funny is that www.thelettern.com is registered to the Sesame Street folks.

    Registrant:
    Children's Television Workshop (THELETTERN-DOM)
    1 Lincoln Plaza
    New York, NY 10023
    US

    Domain Name: THELETTERN.COM

    Administrative Contact, Technical Contact, Zone Contact:
    Peterkin, Arden (AP3118) arden.peterkin@CTW.ORG
    212 875 6297 (FAX) 212 875 6089
    Billing Contact:
    Arena, Louis (LA1410) louis.arena@CTW.ORG
    212 875-6387 (FAX) 212 875-6089

    Record last updated on 09-Apr-98.
    Record created on 09-Apr-98.
    Database last updated on 19-Sep-99 07:43:34 EDT.

    Domain servers in listed order:

    AUTH02.NS.UU.NET 198.6.1.82
    AUTH60.NS.UU.NET 198.6.1.181



    LetterJ
    Writing Geek/Pixel Pusher
    jwynia@earthlink.net
    http://home.earthlink.net/~jwynia
  • Jeeze... most of these patents look like they're just trying to exert patents on parts of HTTP and logical extensions thereof. What utter crap. I've seen web-based realtime statistics reporting being used for years before these patents were filed, and although GUI frontends to httpd logfiles aren't exactly common, they're a painfully-obvious logical step when you've got textual logfiles.

    I seriously hope these don't hold up in court. Hopefully those AOL lawyers will actually do something good for a change...
    ---
    "'Is not a quine' is not a quine" is a quine.

  • despite the recent (somewhat) sucess of companies going after Microsoft in the legal arena, going after Microsoft for something as specious as this sounds (so far) is just asking them to jump on you. And while they have their own branded unix, how much do you want to bet that they have some MS Office around in there... to me, anyways, Netscape looks like a better initial target, if it's about browser technology.

    I didn't see anything offhand in that article you reference that might explain patent infringement. the only thing that it looks like NCR brought to the table was another brand of unix to port the browser to, and an agreement so that Netscape would port the SuiteSpot server. looks like they paid Netscape so that they'd have an application on their OS. I'm sure no one /else/ has done that! :)

    so far, anyways, I haven't seen anything resembling a valid patent that NCR held that Netscape violated. bring on the lawyers!

    Lea
  • This doesn't necessarily relate to browser technology. Perhaps there's aprt od suitespot that accesses databases. Part of The netcenter site, i'm sure, comes from Oracle as well as LDAP.
    I've been working in netscape doing Database I/O for a n internal tool, however, I'm not sure if they can be sued for a tool, that'll only be used inside the company, or perhaps AOL.
    I'm quite surprised that such an established corporation would try to fuck themselves over as far as most of the Free Software Community is concerned.
    I'd see this as blatant pandering to Microsoft's will, in order to gain favour, if this is the only suit. However, if they try to sue everyone who uses Database I/O ? The author of DBI.pm would be a master criminal overnight. >:|
    - DoC
  • > Patents should only be possible to claim on truly revolutionary methods of doing things.

    Nonsense. Unique would be perfectly suffucient criteria. Uniqueness then tends to run into natural law, think of it it "God's Prior Art". You can't patent a mathematical formula for instance, but you can still patent the implementation of it in an algorithm, even if the language is nothing more than the specification of the formula. Then there's patenting of file formats, which smacks to me like patenting a shape of a drawing (something you could no doubt get copyright or trademark on, not a patent).

    Patents on algorithms are based on the ludicrous concept of a physical machine that executes the algorithm, otherwise it's not patentable. Even though you have no IP rights over the language, runtime, or silicon that executes it, it doesn't matter because you've patented the hypothetical "database-o-tron" machine that runs the algorithm and has its file formats carved in hardware somehow. It's truly the twilight zone.
  • It's as bogus as a blue bear, but it still costs massive bucks to defend against frivolous suits. This is where the legal system needs reform: you lose, you pay.
  • by panda ( 10044 )
    Didn't Wang sue Netscape before, claiming that they had patents that basically covered what the World Wide Web does? IIRC, these patents were applied for in the 1980s. I seem to recall the suit being thrown out.

    I have a hunch this is just another case of some company patenting the obvious, or the already in use, and trying to make a quick buck off of it.

    Quite frankly, I think that all patents ought to be done away with.
  • Does anyone think it's odd that these formerly relevant computer companies (who are trying to better their position with Microsoft) are suing Netscape?

    Wait a minute? Wasn't it just yesterday that there was a news story having a blurb that companies sued Microsoft because of their inability to compete in the market? Now we have a comment that companies trying to better their positions with Microsoft by suing Netscape.

    Neither accusation is true, though. Especially the accusation that the Anti-trust trial is a way for Netscape to make up for their failings. In this case, I think NCR is looking for an easy buck. Netscape has less lawyers then Microsoft, so that's who they hit. I can't imagine Microsoft IE *not* doing anything that Netscape does.

    -Brent
    --
  • The patent office isn't a private company that you could sue. In any case, if you did, you'd be sueing yourself, since their costs largely come out of your pocket as taxes.

    Maybe the patent office could be privatized and both the patent office and patent applicants could be found liable and assessed penalties if patents are overturned. The problem right now is that the risk and cost of applying for a frivolous patent is tiny compared to the benefit of getting away with it occasionally.

    It might be possible that a lawyer could argue that a company that has obtained an invalid patent has greatly harmed its competitors and should pay fines and penalties. But in the current environment, it's already so hard even to establish that patents with obvious prior art are invalid that I wouldn't hold my breath for that to happen.

  • ha ha! how humorous! let me try to come up with a joke like that. Alright, how's this:

    A company called "microware" has recently filed suit against Apple Computer for naming their new update of the Mac OS "Mac OS 9". Microware has an existing product named "OS 9" for mostly PPC-based mostly embedded applications. Since it's clear that the apple could not possibly have come up with any other source for the name "Mac OS 9" (which comes after Mac OS 8.6, Mac OS 8.5, Mac OS 8, and Mac OS 7.6) other than purposefully copying microware, Microware has come to the defense of its intellectual property to keep apple from defaming its reputation.

    Ha ha! How was that? ..oh, wait a minute. i forgot. that actually happened. www.appleinsider.com has been talking about it for weeks. Damn. OK, let me try again.

    Garth Brooks and the rapper "Warren G" have both sued each other over usage of a lower-case "g" as a logo. Both artists recently began using a huge lower-case "g" in their stage sets during live shows. It is uncertain who came up with the idea of a letter named "g", but since it is so creative and unobvious it is certain between Garth and Warrren, one is attempting to copy the other, and they didn't just come up with it independantly.

    Err, wait a minute-- That happened too. i saw it on MTV news earlier this year. Dammit, i give up!! this satire stuff is too hard.

    -mcc
    [this post brought to you by the letters B and S, and the number 9]
  • Because the idea has been around longer than the patent. For example, the wheel barrow has been patented as recently as 1990 (see http://patent.womplex.ibm.com/details?pn=US0492130 5__ ). Can the gentleman who patented it go to all the companies who manufacture wheel barrows and tell them that the wheel barrow is his intellectual property? No-- the wheel barrow has been in use for hundreds of years. It would never hold up in court.

    The same situation applies for "retrieval and organization" of data from a database. Hell, that would mean that ATM's are older than terminals-- technically, using vi to view a textfile via a telnet session is retrieving an organized piece of information from a database.

    This *is* slightly different, however, from the LZW/gif compression thing. The patent existed *before* it was used for gifs-- so the company (even though they sat on the patent) can still enforce it. Just one of the idiosynchrasies (sp?) of patents...

    But, then again, IHNLE (I have no legal experience).
  • If you're a little guy, or a student, you probably can't afford to get the thing patented in the first place. Have you looked at the fees lately?

    There was a time, not that long ago, when no software patents were issued because they were considered in the same class as mathematical formulae or laws of nature, and unpatentable. The (long since released to the public domain and expired) famous Bell Labs patent on the SUID bit in Unix was famous in no small part because it was an exception to the "no software patents" rule, and if you look at the application it carefully describes how the feature could be implemented as a hardware device.

    Software patents now are doing more harm than good: time for them to be flushed.
  • Thanks VanL for an AWESOME post and some excellent research.

    Can anyone see where their isn't a TON of prior art for each one of the patents listed here?

    This single post is probably the strongest case against software patents that I have seen in sometime.

    It is proof positive that there are companies out there patenting algorithms that have existed for decades and longer and the US patent office just blindly rubber stamps them so as to let the court system establish the actual validity of the patent through litigation.

    Why on earth else would a company patent something that appears a generic description of client-server computing, or one that essentially describes generic load balancing if not to have them available to pull out of their pocket one day to throw in the face of some other wealthy corporation as a means of extorting money from them.

    I cannot believe that NCR actually would expect one of these patents to hold up in court if challenged, but they may plan to use them to extort a settlement out of a company (like AOL/Netscape) who's legal department decides that the issue is "not worth" taking to court.

    Perversion of the Legal system and the patent system like this has GOT TO STOP, or, as an earlier post suggested, all information technology will flee the US in favor of operating under governments who are not so stupid and do not pander so obviously to unscrupulous wealthy corporate special interests.

    The patent office needs to be thoroughly ashamed of themselves also. They are supposed to screen patent applications, and not issue patents on ideas for which there is prior art. What they actually do is just pass everything (at least in the area of software or algorithmic patents) and just let the court system sort the mess out. It was never intended to be that way.
  • Apart from the spelling/typos (please proofread) which indicates that your posting was written in a hurry and without much eye for consistent argumentation, I still don't agree with you.

    First of all I'm not socialist (I rather think of myself as being pragmatic) so I don't feel any reason to start giving away stuff just to do society a pleasure. Sure I'll consider doing so if there's a good reason to do so.

    Second, I don't see any evidence backing up your claim about multi million dollar of research patents being discovered without any way to protect them. It's not at all obvious to me. If you take medical patents for instance, companies do researh patent the result and make a lot of money on the products they create based on that research. The last thing such a company would want is that competing companies introduce similar products based on their research (which why it was patented in the first place).

    "Whats more value to socity, a corp wasting millions to come up with the same thing a few hackers can do on their own for free?"

    I have yet to see any real innovative stuff coming from the OSS community. The OSS community delivers high quality software but most of it was not invented by it. Linux is a fine piece of software but it is not innovative.

    Companies like SUN, MS, SGI pump billions of dollars into research. The only reason they do so is that they expect to make even more money on the products they can create with the results of this research. They wouldn't make much money if the OSS community would start giving new stuff away as soon as something useful is invented. Imagine MS has been working for years on speech recognition and they finally finds a way to do so reliably. They create a product based on this technology to get a revenue on their investment. The application is reverse engineered by someone and weeks after the new product introduction free products start to appear based on the research. And you are telling me that despite this companies would still be willing to invest loads of money in something they won't make much money on. Wake up dreamer.

    Finally I found your doubt in my being a researcher slighty insulting. With not so many words you are accusing me of being a liar. For your information: I'm a Ph. D. student at the university of Karlskrona/Ronneby my homepage (see my personal details on this site) is located there and there are even some articles by my hand on it (not much because I have only started a few months ago).

    So in your terminology, I'm a academic researcher. Since my research is funded by the swedish government and commercial companies, they have a vote in saying what happens to the result of my research. Mostly this means that my work is made public in the form of a paper in journal or at a conference. Should I discover something valuable, it is likely that a patent will be created for it first. So the research community still benefits (since the invention is made public) only the use of the invention is limited.

    I think I tackled all of your objections now. Of course I'm open to new arguments. I find this an interesting subject since I have the ambition of producing useful research in the future. Therefore I care what happens after I do so. I don't have any moral objections agains patents which you do seem to have.
  • Whoa thats scary. They own every single letter
    But I noticed that none of
    thenumber#.com's are owned anyone want to buy #1-12 and give them to CTW could be a tax writeoff :) HAAH
  • Accually I'd personally wouldn't suggest rolling your own. A well functioning web browser is Extremly difficult to make. Mozilla, while admittingly under a slow design process is looking to finish up around the 2 year mark. When did netscape try and proprietise protocols. Admittingly they wern't the most forthcomming of giving up javascript, but look what happend to it. Before the days of AOL, and netscape going free beer they were a company I looked up to. But things change, and sometimes you have to fight fire with fire. While it is almost sad what netscape has become, it obviously did not begin that way. Many employees have left Netscape reciently because of that change. But we can't all know the reasons behind such change, I can only hope they relax a bit once Micros~1 is out of the picture.
  • Maby it is just me, but I have yet to see a patent as of late that wasn't reverse engineerable (atleast to the extend of what would be covered in the patent). Now adays if someone invented the transistor, they would process the "Making of an electronic gate by which through the flow or lack there of, of electrons into a container causes the opening or closing of such gate to allow a free flow of electrons." Or something like that, never quite describing how the hell you did it, but keeping other people from doing the same thing unless they took apart your transistor and figured it out themselves.
  • > it doesn't seem as though they just woke up and noticed that the technology was similar

    No, but it may be that with the acquisition by AOL they think there might be some deeper pocklets willing to settle quickly?

    Or maybe the availability of Mozilla source gave them some insight into whe suspected infringement that wasn't clear before?

  • Interesting, NCR and Netscape (in a story linked from the current C|net reference) are partnering to offer certain financial services. Add this to the current debacle that MS is experiencing in federal court vs the DOJ, and the other litigation brought by Sun Microsystems and it makes me wonder if NCR was put up to this.

    "I know you got me on this silly monopoly thing, and that other Java thing but we'll get you yet you.. you.. you mean person!"
    --Microsoft to Netscape re: NCR patent infringement suit.

    D. Keith Higgs
    CWRU. Kelvin Smith Library

  • Hypothetical situation: Sometimes a small company "A" invent something incredibly useful. Of course "A" deserves to profit from that invention.

    Why do they deserve to profit already? Does company "E", who independently invented the same thing 3 weeks later deserve to profit any more or less?

    But because there is no patents, the BIG company "B" just steals my invention, and makes millions, and squeezes A out of business, because it is so much larger. This isn't "society benefit"..

    Well, the men and women of society have access to the wonderful product, as sold by "B", do they not? If the small company "A" can do it better, for cheaper, then we will benefit even more. Or perhaps small company "C" would like to try their hand at it. Maybe 37 different small companies and 16 other large companies would be free to implement and sell the product. The product is much more likely to advance when anybody can run with the idea. Society benefits when the original idea is advanced and developed as far as possible, rather than when the idea is "shackled" to a single company that controls its fate.

    the patents exist because the original inventor, person or corporation, deserves to profit from their invention.

    Again, why does someone deserve to profit from an idea? Why should an idea be a ticket to a windfall when we all know that business is 1% inspiration and 99% perspiration (pardon the cliche). People should profit from selling goods and services that other people cannot (or don't have to time to) manufacture or perform for themselves. If people want to buy your goods and services, then you should profit. You shouldn't be allowed to profit simply by denying others use of an idea.

  • I hope the USPTO web site database doesn't violate any NCR patents...
  • Remote collaboration among host computer running host program and remote computers each running application program
    ...
    This looks like a general patent on client-server computing. Considering that this patent is dated April 2, 1997 (Granted July 13, 1999), Isn't there a lot of prior art?

    It looks more like a more specific patent on a system to allow an application being run on one system to be seen and operated by one or more remote systems. There's a ton of prior art on that.

    From 1988 to 1990, I did university research that led to software the does just this. The first system replicated full-screen dumb terminal sessions. The second, called XTV [odu.edu], did it for any X11 application. We published the following paper on it:

    XTV: A Framework for Sharing X Window Clients in Remote Synchronous Collaboration
    Proceedings of IEEE TriComm '91, Chapel Hill, North Carolina, pp. 159-167, April 1991.

    Similar projects had previously been done elsewhere, but ours was the first that didn't require a special X server or client libraries.

    I'm not sure how NCR thinks Netscape infringed on this patent, but I'm sure some judge will get to hear their lawyer's explanation. This ought to be interesting.

  • So at one point during my software engineering course all those years ago, they brought in a Patent Lawyer who just happened to have a PhD in CS (apparently it is very common to be a patent lawyer and to also have at *least* a masters in your patent field of expertise.) And here's what I remember him saying about patents.

    1) You can patent almost anything.
    2) If your process is the same as another patented process, but has one aspect which is different, then it does not fall under the other patent.

    What what?

    Say JOe Mega Corp down the street has a patented process for making wedges. And their patented process uses a 1/2" brush to paint their wedges. You realize that you could make better wedges faster if you use a 2" brush. Bam. New process. New patent. It's called innovation. Then again, if the patented process uses a brush of un-described size, then you are in violation of the patent. So you change your process to use spray paint. So you open up a competing wedge business, and the other guy can't do squat about it.

    How was this point illustrated to the class? Microsoft has a 4 step patent on spell checking documents. Why haven't they sued anyone? Because every other spell checking process is more evolved, with multiple differences in process.

    Software patents are a necessity at this point in time. When used appropriately they help the little guy has to protect his work against the big bad corpoaration who want's to steal his idea. You just have to make sure that your patent description is strong enough to defend against all the guys out there with the 2" brushes hanging in their garages.

    And maybe the NCR/Netscape battle is about netscapes enterprise servers? They do have more products than just a web browser...

    If you do think you have a patent, first get your description/plans notorized. get a lawyer to help you out with the submittal. It may cost a little more, but your patent proposal will be that musch stronger when its done. Why the notary? There was this college kid to invented this thing called the laser within weeks of a college professor. The professor got his big corporate friends to help with the patent, so it was submitted and approved first. And so begins the lawsuits. The college kid eventually won becuase a) this process was better and b) the date his notes were notarized was a week before the the professor got his notarized.

  • I'm sorry, but I can see absoulutly no reason that NCR can claim 'irreperable harm', nor even 'harm'! NCR, a largish manufacturer of cash registers, ATMs and the like, and Netscape, a web browser/portal, have virtually no business overlap!
    Has NCR lost sales of their ATMs because Navigator uses the same data cache mechanism? No.
    Has NCR lost POS customers because Netscape incorporates a low-level feature that they have a bogus patent on? Nope.
    Is Netscape a threat to their dying PC division because of patent infringement? Not likely.
    I think it a little more likely that NCR has an outstanding patent infringement claim with a company in direct competition, and that they are using this attack on Netscape as some sort of sick leverage.
    'Golly, they can hit up a BIG company like AOL! We'd better cave!' Pshaw. I hope this goes to court and NCR gets crushed.
  • by Anonymous Coward on Tuesday September 21, 1999 @01:27AM (#1669908)
    You can find full-text copies of all of NCR's patents at the USPTO [uspto.gov] website. If you use their search engine, you can get a list of all the patents they have with the word "database" in the title [164.195.100.11]. It's worth mentioning that patents take an extremely long time (years) to file and get approved --- perhaps some NCR database patents just recently got completed?

    In any case, NCR is a huge company with a legacy name. It shouldn't be surprising that NCR has patents that have bearing on Netscape. They obviously don't "just make cash registers".

  • by Chris Johnson ( 580 ) on Tuesday September 21, 1999 @03:07AM (#1669909) Homepage Journal
    "I don't agree with you on that. Why would a company invest millions of dollars in research if anything they discover can be taken by some open source hippy who gives it away for free."
    This is in error. Since when is an 'open source hippy' going to be able to market and distribute his product as effectively as a company with millions of dollars for research? It's a ridiculous suggestion. Something like, say, Linux, took _years_ to get into the mainstream, with thousands, _millions_ of 'open source hippies' pushing. A single person wanting to romp off with somebody's IP is going to be quickly clobbered by inability to execute his plan, or deliver on his promises of product and distribution.
    Since it isn't going to substantially affect the big companies anyhow, why _shouldn't_ patents be abolished?
  • by Bryce ( 1842 ) on Tuesday September 21, 1999 @05:37AM (#1669910) Homepage

    A lot of people have noted that the patent system appears to be broken, with respect to software (or algorithms, processes, orbits, et al.)

    Some have suggested tossing out the whole system and not permitting software patents at all. But I'm wondering if there might be some good to patents after all, and that this would throw the baby out with the bathwater. Ignoring how patents are used _now_ and whether they are operating according to plan or not, here is what it seems like the intent behind them is:

    • Allow someone a limited monopoly for doing the hard work of developing the concept, making development work profitable in the face of aggressive competitors. It allows the developer to take legal action against those who copy the idea exactly.
    • Assure that the work of the developer eventually be released in detail to allow everyone else the freedom to use the invention, exactly as developed, and with no further restrictions. After the expiration of the patent, the developer can no longer use legal action against others.

    The patent office serves as a watchdog organization principly to assure that the item is not something that has already been done. It also registers the method of creating the invention so that others can save the work of recreating it later.

    I think that the problems that we're having with software patents are not so much that software patents are wrong, but that they aren't properly following the patent system's intent. Here is I think it could be corrected to work as it was intended (with a couple additions for added safety, just 'cause we can):

    Rather than registering a "concept" for a piece of software, you register the implementation of the software itself. I.e., the source code. For a period of time you are permitted exclusive use of that particular implementation of the concepts in the code, and can take legal action against those who copy it, with the full backing of the government. However, at the expiration of your patent, the source code becomes public domain (or perhaps GPL?) I suspect the life of the patent should be reduced to, say, 3 years - enough time to allow you to implement and market your idea, and build a brand name, but short enough so that the public can make use of your ideas themselves, later.

    The current difficulty for the patent office to verify that the patent application is new art is greatly simplified; they can "diff" the code (figuratively, if not literally) against existing code. Checking for infringement is also much simplified - one need only compare the patented code against that of the accused infringer - if the patent office's computers determine a sufficiently high level of correlation between the software, it infringes, else it's kicked out.

    One of the reasons I think the above process is better than the current patent process is that the whole procedure can be computerized and automated. You'd only need humans to take care of appeals and cases that the computer can't figure out.

    I think this might result in *more* software patent grants than currently, but the breadth of those patents would be less; someone might get a patent for a program that uses a particular kind of genetic algorithm to create machine code for teaching Furbies to wash dishes, but not on "use of algorithms to create source code for embedded applications". The use of the same process for making Furbies read books to children would be a different patent.

    An individual inventor could then come up with a unique new idea and have it protected while he builds a company around it and IPO's. A large company with deep pockets would have to do a lot of software development in order to get really broad patents (and then give all that code away to the software community after a few years).

    Anyway, assuming that software patents are indeed necessary, I wonder if the above concept would be a lot better than the current one.

    Bryce

  • by RedDirt ( 3122 ) on Tuesday September 21, 1999 @12:56AM (#1669911) Homepage
    Does anyone think it's odd that these formerly relevant computer companies (who are trying to better their position with Microsoft) are suing Netscape?

    Of course, this also points out how useless patents for software are, but that's a different topic ...
  • by FreeUser ( 11483 ) on Tuesday September 21, 1999 @01:27AM (#1669912)
    Fortunately, the US is becoming less and less important as other, more populous countries, enter the information age. 260 million people are allot, but pale in comparison to China's or India's billion, or even Europe's 340 million. Losing the American market would hurt now, but in five years time it will hurt considerably less, and in fifteen years it will hardly be relevant.

    As I argued in another (much longer) post, the ability of the US government is limited to destroying its own software industry and intellectual base -- the government's foolish policy of allowing software patents could put a dent in the Open Source movement here in the US, but it will not be able to stop the movement from thriving elsewhere. They will only be able to impotently look on, while the rest of the world, unfettered, catches and surpasses us.
  • In principle, and if they had to actually follow the rules set up for other fields, and if the examiners didn't just automatically grant anything, then software patents might have a purpose. As it is...

    A patent is supposed to disclose the method of building the patented "thing" to an extent that one skilled in the field would be able to easily recreate it. A patent is supposed to be for an unusual and difficult new invention that is not obvious to those skilled in the field, but requires a "flash of genius" in order to be invented. A patent is not supposed to be for something which is even retrospectively obvious in light of prior art.

    And there actually are some things like that that do deserve patents. But there is so much garbage that I think that I agree with you. It's not the idea so much, as the implementation. But the implementation is so bad that it would be better to throw out the whole thing and start coding from scratch!
  • by RobSweeney ( 19353 ) on Tuesday September 21, 1999 @01:50AM (#1669914) Homepage
    Lots of these formerly powerful dinosaur-era computer makers have been taking this approach - countering their own declining profitability (and all that that drives, such as their ability to attract capital and talent) by using whatever resources they still have - mainly "intellectual capital" - to take whatever they can get.

    The Wang lawsuit has already been mentioned. Another is Datapoint, which has pretty much dropped off the scope in computing these days, but used to be a very innovative company (first real LAN [ARC]; influenced the development of the first mass-market microprocessor; had real desktop computers in the '70s [the 2200 series, and later the 1500 and 1800]; kept Ted Nelson of Xanadu (in)fame around for a while; etc.). I learned programming on Datapoints in the early '80s; back then they had a pretty impressive, albiet proprietary, environment. (though their proprietary DATABUS language sucked jagged rocks).

    Like most of the other proprietary vendors they lost bigtime as Unix and killer micros took over in the late 80s. Datapoint refocused on video conferencing technology, and picked up a number of patents on video compression technologies (that's not my field so I can't provide details). As their revenues from their old-line areas declined, and as they haven't become a force of consequence themselves in the video market, these patents have become their chief revenue earners through licensing. And they've become very litigious in enforcing them.
  • by Kaa ( 21510 ) on Tuesday September 21, 1999 @01:28AM (#1669915) Homepage
    This is a truly brilliant post

    Agreed, but you manage to provide some competition.

    You know something, not everyone wants to be open source. Some people actually want to create something and own the intellectual rights to it.

    Yep, and there is a mechanism for that called copyright.

    I more informed post would be "could someone please fix the US Patent Office" because it's becoming apparent that they have no clue what they're allowing to become copyrighted.

    First, I don't see why that would be a more informed post. Second, you yourself are in dire need of a clue regarding the differences between patents and copyright. Yes, Virginia, these are completely different things.

    Another question, how are they damaging the community?

    By not allowing you to use the most efficient way to solve a problem? By forcing you to pay a small fortune to lawyers for patent-compliance check before releasing the software? By making you vulnerable to bogus patent-infringement lawsuits that could easily kill the company before it could show the bogosity of the suit?

    Kaa
  • by handorf ( 29768 ) on Tuesday September 21, 1999 @12:57AM (#1669916)
    Does anyone have more information on the patents? I hope this is at least some really cool indexing scheme or something, cause otherwise this sounds just plain ignorant. I have several web-based data apps, am I in trouble?

    Software patents strike again!

    *SIGH*
  • by hawkestein ( 41151 ) on Tuesday September 21, 1999 @01:57AM (#1669917)
    It seems that one of the things that all Slashdot readers agree on is that software patents are not evaluated properly before they're given out, leading to frivolous lawsuits that cost innocent organizations gobs of money. How do we wake the patent office up?

    How about this: why don't all of the organizations that have been hit by frivolous lawsuits file a class-action suit against the patent office for damages? The only ones that could file for damages are those where the court ruled in their favour and effectively nullified the patent.

    Nothing motivates an organization to change its ways like being slapped with a lawsuit to avoid such things in the future!
    ---
  • by sbirch ( 87538 ) on Tuesday September 21, 1999 @01:04AM (#1669918)
    The more I reflect on the situation of software patents, the more scared I become. The large number of bogus patents is not only a threat to the open software movement, but to the US as a whole (sorry non-US readers). You think that non-US companies give a damn about our patent mess. No Sir! But coast to coast, US companies are scared of infringing in some bogus patent and having to defend itself in court. The system desperately needs reform - and quickly.
  • by FreeUser ( 11483 ) on Tuesday September 21, 1999 @01:12AM (#1669919)
    Right now these sorts of frivolous lawsuits appear whenever a software company is acquired by another company with deep pockets. I say frivolous, because that is what the patents are which are being granted so irresponsibly by the USPO. The hope is to get some extortion cash out of those deep pockets in a settlement, not in a trial where they might actually have to defend (and have overturned) the patents themselves. Ironic that the lawyers and politicians have managed to distort our democracy into a society where legalized extortion and legalized bribery has become an institution, but I digress.

    In the not so distant future, as Free Software and Open Source begins to make a real impact, we can probably expect this phenominon to shift, where lawsuites are aimed at entities (and probably individuals) without deep pockets. Not for the purpose of getting a settlement and some easy cash, but for purposes of disrupting and even destroying (financially) the entity in question, who presumably cannot afford to defend themselves in court. Countless opponents of software patents have been warning us of this ugly scenerio for quite some time.

    Fortunately, I do not think things are as grim as that. In the worst case, where a government of lawyers, by lawyers, and for lawyers refuses to correct the software patent absurdities and such frivolous abuses of the legal system stymie and even crush the Open Source ventures, all that will happen is that progress moves overseas (where governments have been much more intelligent with respect to patenting in general). So Red Hat moves their headquarters to Europe. So Linus Torvalds telecommutes from Helsinki. Linux and Open Source will continue to thrive outside of the US, while progress in this country stagnates beneath a horde of litigation.

    The best minds in the industry will undoubtably follow suit, reluctantly at first, but then in greater numbers, moving to places where they can practice their art unhindered by such foolishness. In this scenerio one of two things will happen -- either legislation will be passed to correct the situation, or the United States will experience a brain drain with respect to information technology and eventually become a backwater to the rest of the world. Of course, then the politicians will be blaming some kind of "unfair trading practice" when they discover that all the high paying and expertise have gone overseas, all the while ignoring their own complicity in devastating the American software industry. It has already happened with cryptography, and none of those responsible show any sign of recognizing their own rather obvious roles in what has happened.

    Of course, this won't matter to us much. Free Software and Open Source, be it Linux, FreeBSD, or Joes New Quantum OS, will thrive and grow, just as Open Source always have. What will it matter, that a nation of 260 million people with their heads up their collective ass will have complacently watched their government drive yet another prosperous industry overseas?
  • by eyeball ( 17206 ) on Tuesday September 21, 1999 @01:30AM (#1669920) Journal
    Don't jump to conclusions and assume that it has to do with their browser product. It's quite possible that they are being sued over some server database app that does data mining, using techniques that NCR 'owns.' That's only a guess, though. Too bad the CNET article wasn't a little more detailed.

  • by jilles ( 20976 ) on Tuesday September 21, 1999 @01:42AM (#1669921) Homepage
    "Quite frankly, I think that all patents ought to be done away with."

    I don't agree with you on that. Why would a company invest millions of dollars in research if anything they discover can be taken by some open source hippy who gives it away for free. I think the basic notion of protecting new inventions from being stolen is not a bad idea.

    Of course the situation has gotten out of control when software is considered. The solution is not to throw away the concept of patents but rather to enhance it.

    Such enhancements could be:
    - better selection at the patent office. Clearly these guys don't have a clue about what they are doing. A suggestion could be to involve experts from the field in the selection process.
    - restrict patterns to algoritms rather than vague methods for fro instance retrieving information from databases. Algoritms usually are the result of real research. While retrieving information from a database is a goal rather than a technique. To be patentable, a technique should be sufficiently concrete.
    - a way to terminate a pattern if somebody shows that what has been patented was in fact invented and used elsewhere before it was patented. Right now the only way to get this done is being sued by the patent holder and winning your case. This would be an ideal way to kill the thousends of pointless patents in use right now.

    Under the above restrictions I think software patents are not a bad thing. They encourage research and thus stimulate advances in technology. Being a researcher I like the idea of not working for nothing. It would really piss me off if I would invent something useful and somebody else would make loads of money with it, leaving me without a legal foot to stand on. Maybe I would give it away. But it would be my choice to do so. Maybe I would try to make some money from the invention either by selling it or by creating a product based on the idea. In either case the protection of a patent is a good thing.

    Somehow I don't think copyright is sufficient to provide this protection. With software this would mean that
    - you need a piece of code implementing your idea
    - only the code not the actual idea is protected. I.e. a clean room implementation of the idea is not covered by the copyright. Example: a particular photo of a sunset is covered by copyright but that does not mean that a similar photo infringes on this copyright.
  • by VanL ( 7521 ) on Tuesday September 21, 1999 @01:42AM (#1669922)
    Here are some of the possible applicable patents that Netscape allegedly infinged upon:

    Remote collaboration among host computer running host program and remote computers each running application program

    The invention concerns using multiple computers to hold a conference. Under the invention, an application program can run on a single computer, yet remote participants can issue commands to the program. Remote participants can watch the program operate, because the invention replicates the display window of the running program onto the displays of the remote computers. Any participant can make annotations on the participant's own computer display. The invention copies the annotations to the displays of the other participants.

    This looks like a general patent on client-server computing. Considering that this patent is dated April 2, 1997 (Granted July 13, 1999), Isn't there a lot of prior art?

    Method and apparatus for providing shared data to a requesting client

    A method and apparatus for providing object data stored in a database management system to a receiving client. The method comprises the steps of receiving a database query from the client on a first communication path, transforming the database query into database management system commands, transmitting the database management system commands to the database management system, receiving a response from the database management system, the response comprising an object locator identifying data responsive to the database query, compiling an answer set comprising the database management system response, transmitting the answer set to the client on the first communications path, receiving a data request from the client comprising the media object locator, establishing a transport session with the client on a second communication path, and transmitting data identified by the media object locator to the client on the second communication path.

    This sounds like any site with a database powered back-end infringes.

    Method and apparatus for extending a database management system to operate with diverse object servers

    A method and apparatus for extending a database management system to operate with diverse object servers. The apparatus comprises a federated coordinator for accepting client commands and translating client commands into relational database commands and object server commands, a plurality of object servers coupled to the federated coordinator, each object server for storing and retrieving data objects identified by object data surrogates in response to the object server commands from the federated coordinator, and a relational database management system coupled to the federated coordinator for storing and retrieving object data surrogates and for transforming relational database commands into an answer set comprising an answer set data surrogate.

    Not sure, but this sounds like load-balancing on the aforementioned database-driven web site.

    Method and apparatus for extending existing database management system for new data types

    A method and apparatus for extending a relational database management system performed by a computer to manage object data stored in an object server having a processor and a data storage device. The method comprises the steps of receiving a database command including a store command and object data from a client at a federated coordinator, generating a data surrogate unique to the object data, associating the data surrogate with the object data, and storing the data surrogate and the object data in the data storage device in the object server.

    MIME types?

    Annotation of computer video displays

    A system in which multiple computers engage in a collaborative video conference. One computer generates a common image which is distributed to the other computers. The invention allows the users of the other computers to annotate (that is, mark up, bydrawings and text) the image at their respective computers. The invention replicates the annotations at the other computers. One type of annotation allowed is "highlighting," wherein a user drags a cursor across a display, and the invention leaves a colored trail behind the cursor, which is transparent, and does not obscure the underlying images.

    Document Sharing? "Whiteboard" technology? Heck, it even sounds like VNC might violate this one.

    Targeting advertising in a home retail banking delivery service

    A practical system and method for the remote distribution of financial services (e.g., home banking and bill-paying) involves distributing portable terminals to a user base. The terminals include a multi-line display, keys "pointing to" lines on the display, and additional keys. Contact is established between the terminals and a central computer operated by a service provider, preferably over a dial-up telephone line and a packet data network. Information exchange between the central computer and the terminal solicits information from the terminal user related to requested financial services (e.g., for billpaying, the user provides payee selection and amount and his bank account PIN number). The central computer then transmits a message over a conventional ATM network debiting the user's bank account in real time, and may pay the specified payees the specified amount electronically or in other ways as appropriate. Payments and transfers may be scheduled in advance or on a periodic basis. Because the central computer interacts with the user's bank as a standard POS or ATM network node, no significant software changes are required at the banks' computers. The terminal interface is extremely user-friendly and incorporates some features of standard ATM user interfaces so as to reduce new user anxiety.

    If netscape has anny "virtual ATM" deals that they have set up with banks, then this might infringe. but wouldn't IE infringe also?

    Just my own comment: These were all granted within the past three months. The certainly didn't waste much time. I wonder if AOL's new arrangement with Netscape encouraged this little venture.

  • by tuffy ( 10202 ) on Tuesday September 21, 1999 @01:10AM (#1669923) Homepage Journal
    Assuming this is a lawsuit related to web browsing, Netscape's Navigator (Mozilla) predates the patents - and hasn't had any significant updates since (HTML rendering aside). Also, Explorer is an almost feature-for-feature clone, so why wasn't Microsoft sued also?

    But if this patent is related to other Netscape products, what else could it be? Everything Netscape makes that I can think of has been done already - from web servers to commerce products. I don't understand why they're being singled out.

    (hopefully this post won't get lost :)

  • by jabber ( 13196 ) on Tuesday September 21, 1999 @01:13AM (#1669924) Homepage
    Henson Productions has recently announced their intention to bring suit against Netscape for using the letter N as a logo. Henson lawyers have stated that the letter N has repeatedly been used to promote Sesame Street, and is therefore considered a trademark.

    Henson lawyers went on to announce their ongoing partnership with Microsoft, regarding their innovative usage of the letter E to promote Internet Explorer. While the letter E has been used to promote Sesame Street as well, Henson Productions legal staff claims no intention of seeking damages from Microsoft, citing that E is a vowel and as such is more easily licensed to other parties. When questioned if this decision had anything to do with the $1billion donation from Bill Gates to the Henson Foundation, the lawyers replied with "no comment".

    In other news, the head executives of A.O.L. have resigned for undisclosed reasons.
  • by Coward, Anonymous ( 55185 ) on Tuesday September 21, 1999 @01:54AM (#1669925)
    Seven of the nine (yes, I get it) patents could be:

    United States Patent 5,748,188
    Hu , et al. May 5, 1998

    Hypertext markup language (HTML) extensions for graphical reporting over an internet

    Abstract
    A hypertext data processing system wherein graphical data is sent from a server to a client computer using extensions to the Hypertext Markup Language (HTML). The client computer parses the graphical data and formulates an object representative of the graph to display. The object is passed to a graph server which displays the graph.

    By the wording, it seems that any browser which accepts a graphic which represents a graph is in violation of the patent. If my memory serves, graphics were being used prior to May 5, 1998


    United States Patent 5,951,652
    Ingrassia, Jr. , et al. September 14, 1999

    Dependable data element synchronization mechanism

    Abstract
    Described is a mechanism for dependably synchronizing data element activities on web pages among a group of browsers. The web browsers retrieve web pages from an HTTP server. Each of the web pages contains at least one data element and embeds a Master Applet and at least one DTS Applet (DTS stands for data tracking and synchronization). In response the data element activities (such as entering data into a data field) performed at a browser, the DTS Applet passes the activities to the Master Applet, which in turn reports the activities (together with the URL of the web page on which the data element activities have occurred) to a tracking server. The tracking server sends the activity report (together with the URL of the web page on which the data element activities have occurred) to the Master Applets at all participant browsers. The participant Master Applets then instruct their respective DTS Applets to display the data element activities on the web page identified by the URL.

    This one mentions http and the word applet so I'm sure they are suing for violation of this one. Netscape uses Last-modified for "element syncronization" but I don't think that this patent would cover that. I'm not sure how broad "Master Applet" can be.


    United States Patent 5,951,643
    Shelton , et al. September 14, 1999

    Mechanism for dependably organizing and managing information for web synchronization and tracking among multiple browsers

    Abstract
    Described is a mechanism for dependably organizing and managing information for web synchronization and tracking among multiple consumer browsers. A session is created for each of one of the consumer browsers when an individual consumer downloads an initial web page from an HTTP server. A unique ID is assigned to that session. After the session has been created for an individual browser, the information about the all activities from that consumer browser will be recorded into the session. Such a mechanism overcomes the difficulty to organize and manage the activities from the multiple consumer browsers that are in stateless nature.

    Any server which sends a cookie to the browser to track the browser's activity is in violation of this. I'm sure this has been done prior to September 14, 1999


    United States Patent 5,941,957
    Ingrassia, Jr. , et al. August 24, 1999

    Dependable web page synchronization mechanism (As opposed to undependable web page synchronization?)

    Abstract Described is a mechanism for dependably synchronizing web pages among a group of browsers. Each of the web page embeds an applet. In response the activities (such as loading or unloading of a web page) performed at a browser, the applet reports activities (together with the URL of the web page) to a page synchronizing server, which in turn relays the activities (together with the URL) to all participant browsers. The participant browsers can load and unload the web page according to the report of the activities.

    Any browser that is capable of running an IRC applet would seem to be in violation of this patent since the IRC server relays the activities to all browsers running the applet. Again, IRC applets have been in use prior to August 24, 1999.


    United States Patent 5,870,746
    Knutson , et al. February 9, 1999


    System and method for segmenting a database based upon data attributes

    Abstract
    A system and method for allowing a user to segment and partition a database based upon attributes associated with the data in the database. Also, a system and method for generating a report for a user which allows the user to make decisions, without requiring the user to understand or interpret data itself. A database computer includes a database containing the data. The data includes a collection of information about an enterprise of the user. A server computer is coupled to the database computer and executes a database management program. A client computer is coupled to the server and executes an application program. The application program allows a user to define predetermined data types, to define relationships between the data types, to define parameters for the report, to define a method of analysis for the report, and to create the report. The report summarizes the data in terms of the data types, the data relationships, and the method of analysis.

    Several things strike me as potential infringements. First, my netscape cache directory is partitioned into a bunch of directories (00, 01, etc.), depending on the definition of database, this could be a partitioning of a database. Second, a user can click on a link to have a browser create a "report" based on the html that it receives, the user need not understand html himself.


    United States Patent 5,721,903
    Anand , et al. February 24, 1998

    System and method for generating reports from a computer database

    Abstract
    A system and method for generating a report for a user which allows the user to make decisions, without requiring the user to understand or interpret data itself. A database management program executed by a server within a system for generating the report for the user includes a first subsystem for translating user requests for data, for generating dimensional queries for retrieving data from a database, and for processing user modifications to data types used in generating the report. A second subsystem coupled to the first subsystem reads data from the database, creates the data types, creates a mapping of the data types to the data, uses the mapping to translate user-initiated dimensional queries received from the first subsystem into Structured Query Language (SQL), and returns query results to the first subsystem. A third subsystem creates the report at a predetermined time.

    A browser allows users to make decisions without understanding the data by allowing users to click a link without understanding html


    United States Patent 5,710,900
    Anand , et al. January 20, 1998

    System and method for generating reports from a computer database (Hmmm, this looks familiar)

    Abstract
    A system and method for generating a report for a user which allows the user to make decisions, without requiring the user to understand or interpret data itself. An application within the system includes a graphical user interface (GUI) which allows the user to select and specify the parameters for the report, display the report, print the report, and save the report. A folder management subsystem allows the user to create a folder object for storing the report within the database, store the report within the folder object, and retrieve the report from the folder object using the GUI. A business information setup subsystem allows the user to create data types and create and constrain relationships between the data types. An analyst definition subsystem allows the user to select an analyst representing a method of analysis to use in generating the report using the GUI. Finally, a viewer module displays the report.

    This seems the same as the last one, but the application neeeds a GUI to infringe on this one. Lynx is safe, rejoice!
  • by Cushman ( 73322 ) on Tuesday September 21, 1999 @02:07AM (#1669926) Homepage
    I work for NCR and I think that I can shed some light on the thought process behind the lawsuit and NCR's position in all of this.

    Before I begin, let me say that I am not speaking for my employer in any way. These comments are merely those of one who is familiar with the company and it's goals.

    NCR is a 100+ year old company, and started out making cash registers (National Cash Register). NCR moved into making electronic cash registers, then ATM's and point of sale equipment, with NCR servers providing back end support. NCR realized that services and software were the most profitable sections of the company, and is now positioning themselves to be a solutions company, with Data Warehousing being emphasized above everything else. NCR currently outsources most hardware manufacturing to other companies.

    NCR is counting on their Teradata product line to move the company ahead into the year 2000. Databases and solutions to make those databases work with other systems (ATM's, point of sale equipment, etc) are now the focus of the business. The patent infringement was probably with a Netscape server product that accesses some sort of back end database. NCR could care less about the browser. Since NCR's database products are the key to the business, NCR is trying to protect them as much as possible.
  • by wafath ( 91271 ) on Tuesday September 21, 1999 @01:00AM (#1669927)
    Could this relate to past agreements between the two companies had in 1996? (look at this [computerland.ru] article.) and not anything to do with netscape's browser technology.

    After all, if it was just the browser, wouldn't NCR go after Microsoft as well?

Don't tell me how hard you work. Tell me how much you get done. -- James J. Ling

Working...