Author of Archie Challenges Alta Vista Patents 197
Hieronymous Cowherd writes: "The press release says most of it, but basically, Alan Emtage was surprised that CMGI was awarded patents on things he had already done. He's also willing to help those that get sued: 'Emtage has also put out an open letter to the programming community stating that he is happy to provide further information and assistance to anyone who is approached by CMGI in an effort to defend the patents in question.'" Talk about prior art -- as this release points out, "The first version of Archie released in 1989, with second and third releases in 1990 and 1993. Using FTP, a precursor to the HTTP protocol of the of the World Wide Web, Archie searched, or 'crawled,' public FTP sites, indexing their contents for easy access by Internet users. At its peak in 1995, there were over 30 Archie crawlers located around the world searching and cataloging millions of files."
Re:Get down to brass tacks . . . (Score:1)
Looking at an above thread discussing predatory patents it seems like the victor is not the inventor who patents one truly original idea, but the corporation which patents every application of that idea. This is especially true with some of the newer business methods patents, which seem to patent processes which exist only in theory, stripping the rights away from an inventor who in the future may design a completely innovative and unique but (legally) infringing implementation of that idea.
There are others too. (Score:1)
Re:"convince the USPTO..." (Score:2)
Oh sure, fix the patent application process so it doesn't hurt so much when we get screwed. Lets call that the 'KY jelly' approach: it may not hurt as much, but you're still getting buggered.
No, respectfully, forget the KY jelly, it's better if the absurd patents keep getting granted to draw attention to the real issue: you can't own algorithms, they belong to God. The granting of patents on algorithms is the root evil that has to be eliminated, lets not try to sanitize it.
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Re:Question for the lawyers (Score:1)
Besides, I meant that he was too late to apply, not that he was intending to; and yes, he is too late.
Re:What he should do... (Score:1)
Know yr shell, love yr shell (Score:2)
The first example doesn't look for a string in a file; it looks for a string in the filenames that find returns.
The second example doesn't really do anything other than redirect ls's output to a file; grep never gets run on anything other than an empty standard input stream. For instance, try
and you'll see that the piped command is executed, but with no input. Which is why God gave us tee.So, yes, /. isn't a geeksite after all.
Why use xargs? This is just equivalent to backquotes, which do the job without invoking another program: (with . -print if your find is bitchy, without -s depending on your grep, etc.). But, of course, it's all about the rgrep.Re:Get down to brass tacks . . . (Score:2)
"'Though I'm not a lawyer....' It is clear that Mr. Emtage is not a lawyer."
You just don't get analysis that cuts that deep on the TV news.
FP? (Score:2)
Re:it's it funny, (Score:3)
Johnson - "Well, sir, there actually is prior art. And he's not dead."
CEO - "What? He? Who?"
Johnson - "Well, there's this thing called Archie
CEO - "A guy? But there's no patent, right? And he's just one man, not a company, right?"
Johnson (shuffling through papers) - "Um, right on both accounts, sir."
CEO -"Then patent the fucking thing. If he yaps, we'll take it to court. We've got lots of money, he's got none. We'll litigate him to death. He can't afford it, he gives up, we get the benefits."
Johnson (sighing) - "Right again, sir."
CEO - "Now, any other unpatented ideas we can steal
Re:SlashPatents (Score:2)
Of course they have to be secret. Patents are ways to protect the idea you just came up with that no one knows about yet. If you tell everybody before you patent it, you've lost your new idea.
But you would by definition already have the patent on file. And filing date is what gets counted with patents, not approval date. If you file for a patent today and 100 people spring up selling 'your' idea tomorrow, you will be able to extort fees from all of them as soon as your patent is approved. The examiner won't consider a single thing published after your filing date.
Patents (Score:2)
Re:About Time... (Score:2)
"funny" will be if he has a patent on it and makes AV pay out the gazoo for using it.
"funnier" will be if he donates the proceeds from his patent to the EFF.
"funniest" will be if he turns out to have a patent on one-click shopping, too.
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PTO Question (Score:2)
If there should be any blame placed it should be with the PTO, although Altavista (CMGI) should know better. It seems to me that the incredible incompetence of this organization to allow these sort of obvious prior art patents to go through is making a bunch of lawyers rich while at the same time causing all kinds of trouble for everyday users.
Lawyers really piss me off!
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billwashere
Re:Get down to brass tacks . . . (Score:2)
Re:Internet Search History (Score:2)
Wow, that was a flashback. [digs deep into some files in a forgotten directory] Yeah, I remember bookmarking a link about spiders, many years ago . . .
[from my almost forgotten lynx bookmarks file, which I used before I discovered graphical browsers:]
<li><a href="http://web.nexor.co.uk/mak/doc/robots/robots .html">World Wide Web Wanderers, Spiders and Robots</a>
A few other early web sites I used to frequent:
<li><a href="http://daneel.acns.nwu.edu:8082/index.html"& gt;Big Time Television Home
Page</a>b lic_html/bb/summary.html"> The Mother-of-all BBS
</a>s Femmes Femmes</a>
<li><a href="http://www.cs.colorado.edu/homes/mcbryan/pu
<li><a href="http://www.cnam.fr/bin.html/imageWWW">Femme
And for the doubtful:
bash-2.03$ ls -l lynx_bookmarks.html -rwxr--r-- 1 llywrch users 4493 Apr 1 1995 lynx_bookmarks.html
Geoff
Re:Patents (Score:2)
Unlike trademarks, which expire if not enforced, patents can left lying around, waiting for an unspecting society to "violate" them. It would seem that if you have a universally appicable idea, or see one that hasn't been patented, you should:
1) Obtain a patent
2) Wait 3-10 years until everyone uses it
3) Extort money from all the supposed infringers
This is a much more profitable business model than licensing your patent from the outset. Somebody needs to stop it. Uneforced patents should expire immediately. The duration of patents of patents and copyrights must be dramatically reduced. This has just gone too far.
Re:Searching =/= Crawling (Score:2)
Some of the stuff the patent claims are supposed to do were probably prior-arted by the first person to "ls -Ral|grep 'fileIamlookingfor'" on a network drive, or at least by going another step beyond that to actually grepping the files. Not that this will apply to all of them, AltaVista's no doubt innovated.
IMHO, "I can patent it because I do X on a network of computers" smells as bad as "I can patent X because I moved X to a computer" in the first place. IANAL but logically these precedents and patents are going to end up worth whatever the results of obvious challenges are.
Re:This might not change anything. (Score:3)
Utter nonsense. The USPTO guide makes reference to examples of things that are non-patentable in a attempt to explain the obviousness and prior art standards. Examples used in a brochure from a few use back:
-You can't patent a new coffee cup handle, even if it's ergonmically designed. Coffee cup handles haven't been patented, nor has any sane person tried to patent them, but they still constitute prior art.
-You can't patent a widely used or distributed idea, regardless of whether the initial innovator asked for a patent. I can't patent the compiler because although the idea is pretty intriguing, it's in such wide use. The fact that the original innovator failed to apply for a patent has no effect.
Re:What he should do... (Score:3)
You should read up a bit on patent law. Just because you did something first doesn't mean you can have a patent on it. In this case, the "invention" has been available far too long to be patentable. Sorry, but after a point the invention becomes common practice and common knowledge. By failing to file for the patent early on in a timely fashion, the inventor relinquishes the right to do so later.
Score one for the Good Guys (Score:4)
it's it funny, (Score:4)
CEO - "what! he's not dead? who the hell told me he was dead and that there was nothing to stop us?"
Johnson - "Umm, I did sir."
CEO - "Johnson, thats it, I wanted a piece of the easy money/stupid patant pie and you just blew it."
Johnson - " I take it I'm fired then sir?"
CEO - "No, I want you to go kill that guy first, then go and track down every signle geek that belongs to slashdot and kill them so that there will no longer be anyone that might know that this idea isn't original."
CEO - "Then kill yourself for being stupid."
Re:Get down to brass tacks . . . (Score:2)
I'd like to consider myself a prety decent computer scientist and programmer (as well as a fairly hot patent lawyer). In my view, much depends upon what are A, B, C and D. The change in a single line might be seminal or trivial. As I keep saying , the devil is in the details.
Re:Get down to brass tacks . . . (Score:2)
Absolutely it does, but only in particular and limited ways. The specification defines the terms, and to the extent there is any question as to what the claims mean, the specification is the primary device for understanding it. The specification must also provide a written description of the claimed invention sufficient to enable a person of ordinary skill to practice it.
Finally, if the claims uses language in means+function or step+function form, then the claims are deemed to be limited to include the corresponding language to that function as set forth in the specifciation.
If you'd like to get more specific, let's take a particular claim.
Thanks.
Re:Get down to brass tacks . . . (Score:2)
These words, I do not think that they mean what you think they mean.
The legal requirement of unobviousness in Section 103 of the patent act requires a substantially different analysis than what you are suggesting. It is never enough to say: Behold A, B is obvious.
as usual, you are misleading (Score:2)
Who is talking in the abstract? I have a good idea about what Archie and Veronica are, as well as what the CMGI patents cover. Mr. Emtage does as well. And so do many other people. If you don't, maybe you should look up this information before accusing others of "spitting in the wind".
We are discussing technical issues and issues of obviousness here: given that Veronica and Archie existed years before AltaVista, is there actually any innovation in AltaVista's claims? Should AltaVista's patents be valid in an equitable patent system that aims to encourage and reward innovation? And does that suggest possible challenges to AltaVista's patents based on obviousness?
Legal validity is a completely different questions. The legalistic points you make are true and clear to many people involved in the discussion. But they are irrelevant at this point. If you attempt to reduce every discussion of patents and prior art from the start to a point-by-point discussion of legal strategy, you are missing the point. That kind of approach makes a poor lawyer as well as a poor engineer. But, then, you seem to be mainly contributing to this discussion to push a particular agenda, not as either an engineer or a lawyer.
Re:Get down to brass tacks . . . (Score:2)
Of course not. There are zillions of cases to the contrary.
All depends upon A, B, C and D. The devil is in the details. Several patents issued on paper clip designs in the past few years, all of which dealt with what you would consider minutia, and all of which included the same basic elements. I have little doubt that they are valid and not rendered obvious on that analysis alone (although they may ultimately be invalid for more particular reasons.).
Re:Get down to brass tacks . . . (Score:2)
But it isn't the case. "Token" differences won't satisfy the unobviousness criteria, and new ideas, if indeed they are new, can't infringe an existing claim.
What about lycos? (Score:2)
Did altavista buy that crawler to get the around the prior art issue, or would this be another piece of prior art?
I need to see if I still have the files around, but I'm afriad they might be gone. :(
Whoops -- I was half wrong . . . (Score:2)
Now, if you get this great idea that arcuate rockers affixed to the legs would make for a wonderful chair for grandparents, you can file a patent application for the rocking chair, comprising a seat, a backrest, a plurality of legs, and an arcuate rocker.
However, if your patent issued, this would not necessarily grant you the right to manufacture rocking chairs. It would permit you, however, to preclude anyone else from making, using or selling a rocking chair. If the chair patent were still in term, however, you would need a license to manufacture your own.
The usual scenario, unsurprisingly, is that cross-licenses are negotiated between the two patentees.
archies is the original(?) net spider (Score:2)
around 1989, and before the web.
It operated before Berners-Lee web.
So it is patented.
How enforcable are these patents outside the US? (Score:2)
Please correct me if I am wrong but are US patents enforcable outside the US?
Now, if the answer is yes, what would be the costs to bring cases against companies across the globe.
Would this be a practical mechanism to persue 'patent infringement'?
If no, then there is no problem. US money-grabbing Corps. will screw only themselves and their contrymen/women. And they can vote to change the mess.
The rest of the non-US based internet will carry on.
Not Compaq, CMGI (Score:2)
Re:expect more of this to come... (Score:2)
Question for the lawyers (Score:2)
SlashPatents (Score:3)
Re:Get down to brass tacks . . . (Score:2)
The other point is the concept of "... the claim must be non-obvious to a practitioner of the field..." and THIS is where the archie defense has serious teeth. Whether that will hold in court I have no idea, but the patents such as CMGI have registered are ludicrous. Exchange protocol A for protocol B and derived work C for derived work D based on those respective protocols, and the *algorythm* is the same. To a decent computer scientist/programmer, that's basically "obvious". It "obviously" isn't to the USPTO, which I still believe to be the problem.
So as usual, the lawyers fight over the niggly points, and no one cares about the soundness, correctness or morality of the law and the process that spawned the conflict.
Re:SlashPatents (Score:2)
Crispin
----
Chief Research Scientist, WireX Communications, Inc. [wirex.com]
Immunix: [immunix.org] Hardened Linux Distribution
Re:Get down to brass tacks . . . (Score:3)
Once again, let me emphasize that it is simply pointless to speak about patents in the abstract. The abstract and general subject matter of the patent simply does not inform the question whether a patent is infringed or invalid. The bottom line is the specifics of the patent claims asserted and a particular apparatus or method usage alleged to infringe
Okay, I got down to brass tacks and read one of Altavista's patents. Specifically, I read all 44 pages [delphion.com] of US6021409: Method for parsing, indexing and searching world-wide-web pages [delphion.com]. I chose that one because the title and abstract look like something that should not be patentable.
What I found was very interesting.
The first 27 pages are a bunch of diagrams, mostly of data structures, with a few network and flow diagrams thrown in. Pages 28-42 are a detailed description of the problems involved in creating an index for a "database" as unbelievably massive as the web and a fairly detailed description of a complex set of data structures, encoding systems, compression systems and algorithms that solve the problem (all of which comes under the heading "Preferred Embodiments"). It's a hard problem and it seems to me that the details of a good solution are worthy of protection. Finally, beginning on the bottom of page 42 and continuing through page 44 there are a set of 33 claims.
Now, I understand that a key standard in the application of patent law is that the idea must not be obvious to a practitioner of the field. I'm not sure what standard the court would use as a practitioner of the field, but I guarantee you that the system described in pages 28-42 is not obvious to me or anyone I know (and I know some sharp people who've been in this business for a long, long time). I strongly doubt that Archie did any of the sophisticated things that the Altavista patent describes. If it did, then Emtage should have been shot for implementing a system that was massively more complex that necessary. Archie was a simple file name indexer and when it was big the net was small. Veronica had a little more need for some of the techniques, but again, the web is so *much* larger than gopher ever was that Veronica should have had no need for the levels of complexity described.
However, I've had some significant dealings with patent attorneys in the past, both from the patent application process and from the patent litigation process, and I concur with what werdna said: It's the claims that matter. Well, in Altavista's patent, after the excercise in computer science erudition displayed in the "Preferred Embodiments", the actual claims of the patent are generic, vague and broad.
So, what gives here? Several of the components in the "Preferred Embodiments" strike me as potentially worthy of patent protection, but the actual claims are pretty weak. Does the introductory material that comes before the claims have any weight?
At the end of my read, I'm not sure whether I think the patent is a worthy contribution to human knowledge or a complete crock of shit, because although there's some good stuff in it, I'm not sure that any of the good stuff counts.
Aren't you paying attention? (Score:3)
The Original Idea (Score:2)
I recall reading Tim's proposal in some magazine -- don't recall for sure (CRS syndrome at work here), but I think it was published in Dr. Dobb's Journal (of Computer Calisthentics and Orthodontia - Running Light without Overbyte).
The REAL problem, however, is that in the dim, distant past (CRS notwithstanding), the Patent Office reviewed all applications so thoroughly that it took far too long for patents to be issued, so Congress changed the rules to ease the process and reduce the cost of obtaining a patent, but didn't include a reasonable enough objection mechanism. If you don't like the way it works, write your U S Senators and Congressmen!
Great Discussion, But What (Score:4)
CMGI's Nov. 13, 2000 press release [cmgi.com] mentions that Altavista was awarded "four new patents for search technology" which cover:
"proprietary search technology in the areas of identifying and eliminating duplicate pages in an index, ranking results by degrees of relevancy, data structures for searching and indexing, and 'spidering' techniques that crawl the World Wide Web and play a key role in building an index."
I used the U.S. PTO's patent database, searched for the string "altavista" under the "assignee" field and came up with these two gems:
6,138,113 [164.195.100.11]: "Method for identifying near duplicate pages in a hyperlinked database"
and
6,112,203 [164.195.100.11]: "Method for ranking documents in a hyperlinked environment using connectivity and selective content analysis"
Has anyone found the other Altavista search engine patents in question? They might have been awarded to a different firm, then licensed to Altavista.
Sincerely,
Vergil
Vergil Bushnell
Re:What he should do... (Score:2)
Not only the original inventor, but also any other party...
Part of the problem with this is attempting to handle fraud cases through the civil courts.
Maybe this is the way to stop stupid patents (Score:2)
Re:It's about time. (Score:2)
Would this be violent and childish? Sure. But I see two things working in our favor. First, it's pretty damn violent and childish to abuse a clearly fatally broken system to put your competitors out of business, all the while claiming that it was they who stole from you. Second, the average
Walt
Is prior art really enough? (Score:5)
but ...
Is it enough?
I'm not a lawyer, and certainly not a patent lawyer, but as I understand it there's a process called `predatory patenting' where a company will find a patent that it wants (something that was patented by somebody else), and then patent every possible application of the original patent. All patents reference the original patent.
Basically that means that if you want to use any of these applications of the original patent, you have to have the permission of all patent owners involved.
(Normally this is done in an attempt to make the original patent holder allow the company in question to use his patent without royalties. Unfair, but apparantly legal.)
Well, in this case, there's no original patent (the Archie author didn't patent the idea of `indexing') ... but if AltaVista patents every possible use of indexing (patent 1: indexing HTTP sites, patent 2: indexing intranets, patent 3: indexing internets ... patent 644: indexing Pokemon collections, etc.) then we may still be screwed. Only the original idea (indexing ftp sites, and gopher sites if the Veronica author comes forwards) would be truly protected by the `prior art'.
It seems to me the only way out of this legal sinkhole would be to convince the Patent Office to actually apply the two most important tenants of patent law - 1: prior art invalidates a patent application and 2: the idea must not be obvious to the layperson. Tenant #2 is just as important as #1.
In any event, I hope I'm wrong :)
A simple answer: "getting away with it" (Score:4)
In this feedback-based system, the more companies that notice somebody is getting away with something (eg: patents that are blantantly obvious gambits for market dominance) the more instances you will find of this behaviour. They all drive for the gap in the wall with whatever they can scrounge up, hoping to make it before the lights come on. So it's going to get worse before it gets better.
Why? Because "the system" learns. The sight of somebody getting away with looting an unprotected store during a riot is all the incentive you need to draw others into that activity. And the process of applying for patents (along with the other legal forms of attack on the common good) is not set up to handle the kind of things it has to. So it fails to effectively discern between patents of value and mere speculation. Stopping it is going to be painful, costly, and drawn out. The companies who will get hurt aren't the ones who have already done their thing, but the blundering morons to come.
The side-effect of all this happening is that by fighting to gain the legal high ground based on Intellectual Property, Copyrights, Trademarks, and Patents, we end up with a society that is being transformed at the very foundations: language. We are all victims, even the people in these corporations, of an undermining public speech. Holding back medecine from those who need it, holding back innovation because it isn't in the interest of the shareholders, forcing the market to bend to their will because they have the endorsement of what is supposed to be an organ of democracy.
This will continue as long as we allow it to.
We thieves, we liars, we vandals, and poets. Networked agents of Cthulhu Borealis.
Patent office agenda (Score:2)
</rant>
"Titanic was 3hr and 17min long. They could have lost 3hr and 17min from that."
Re:Patent office agenda (Score:3)
Is there anything he can do? (Score:2)
While this whole situation does suck, wouldn't this be a case where since he didn't file a patent on these underlying search technologies, anyone else could do so? If they have already been granted the patent, isn't that the end of it?
Re:Very glad, but very sad... (Score:2)
What I really hope that Slashdot readers get out of all this is that these patent problems are not limited to the "tech" industry. These problems abound - they are in every industry. Everything I do must be carefully researched because our whole industry (biotech/drug delivery) is a patent minefield. Everybody and their brother/sister has some sort of patent on some aspect of delivery methods, drug preparations, something... its just hideous - and we're left to either cave in and "lisence" something that shouldn't be, or to fight it in court. What's worse is when you find yourself having to apply for patents as well in order to stay alive. It has become a vicious circle that should never have happened in the first place. It really gets angering and frustrating - yet another wonderful source of stress... oh joy.
Again - the system really, REALLY needs to change - but who's going to do it?
Re:PTO Question (Score:2)
I think PTO uses AV to search for prior art.
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Re:good precident (Score:2)
Unlikely, if their only loss was a patent, if they were raided by someone like the FBI and shut down for at least as long as it took to try the people involved for fraud then that might send the right message.
But if that was likely to happen then the default with the USPO would be to deny patent applications.
Re:Patents (Score:2)
It's called "the government", problem is when governments do not want to do their jobs they are rarely eager to delegate the needed powers to a third party.
Re:Proof Positive! (Score:2)
Apparently he was also highly cynical about the applications he saw, a skill current patent examiners appears to lack.
Re:This might not change anything. (Score:2)
Both of these differences involve tiny issues. How often are patents being issues when someone takes something well known and either makes some trivial change to it or writes the description in obscure language/jargon.
When this happens the only sensible way to regard the application is a fraud.
Re:There are others too. (Score:2)
I can only speculate that a clueless moderator, who didn't read the article and doesn't know about veronica, thought that the post was an "Archie comics" joke. Whow knows?
Difficult to say. /. moderation is oftentimes very suspect. The most common abuse is to mod somebody as "flamebait" because you don't agree with what they're saying, even if the post is insightful.
A+B+whatever (Score:2)
Then again, on the flip side, if a courtroom upholds the overly broad patent range, then well, you all know how bad that it for the industry.
Rami
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Re:It's about time. WebCrawler?? (Score:2)
AltaVista opened in December 1995 as a Digital Research Project.
Pan
Re:heh (Score:2)
Re:The Original Idea (Score:2)
The internet had been around for more than 20 years when he invented the web, and had it's first connections outside the US for 18-19 years (UK and Norway were connected in 1973 if I remember correctly).
Re:What he should do... (Score:2)
At least, I think. IANAPatent Lawyer Guy, but I seem to remember reading it, either on
Too bad this wasn't a Phillipino matter, eh?
J
Validity of US Patents Abroad (Score:5)
The answer is potentially.
I'll try to answer this question in two parts.
1. First off, the US PTO has been soundly criticized for granting patents on software and business methods. While the rest of the world guffaws at the US PTO, the US government has been quietly attempting to "harmonize" patent examining procedures abroad.
For instance, on October 24, 2000, the office of the United States Trade Representative (USTR) drafted a Memorandum of Understanding [ustr.gov] between the U.S. and Jordan concerning IP protection. Here is provision #5 of the MoU:
"Jordan shall take all steps necessary to clarify that the exclusion from patent protection of 'mathematical methods' in Article 4(B) of Jordan's Patent Law does not include such 'methods' as business methods or computer-related inventions."
In other words, the US government is attempting to export its penchant for granting lousy patents to other nations.
2. Second, consider an international convention is currently being negotiated between representatives of 47 nations. The Hague Conference on Private International Law's "Proposed Convention on Jurisdiction and Foreign Judgements in Civil and Commercial Matters" -- or "Hague Convention" is an attempt to render legal judgements between nations enforceable. If the Hague Convention is ratified by member nations, the following scenario may occur:
Multinational Corporation X (native to Britain) patents a fundamental web standard in the United States, where such patents are allowed. X sues its competitors (who reside in nations that do not tend to grant such patents) in a U.S. court, and under the Hague Convention, is able to make the judgement enforceable in other countries -- even if those other countries do not allow patents on web standards. Imagine what the Hague Convention might do to increase the liability of international Free-Software developers.
The U.S. PTO recently solicited comments from the public about the Hague Convention and its effect on patents and intellectual property. You can read the comments here [uspto.gov]. My organization also has a page on the Hague Convention here [cptech.org].
I hope that helps answer your question about the enforcement of U.S. patents abroad. Sincerely,
Vergil
Vergil Bushnell
It's in the Patent Offices interest (Score:3)
The more patents are issued, the bigger the USPTO needs to be. The easier it gets to get a patent, the more applications will come in. The organization grows and grows, and it is good to be in charge of the USPTO!
Until it becomes a question on the national political agenda, there is probably not much to do about it. Rounded off to the nearest percent of voters, nobody really cares about patents.
Searching =/= Crawling (Score:2)
The patent is for searching by using crawling. i.e. whenever a new page is found, searching the source of that page for links to other pages that haven't been indexed yet.
While you could possible do this for FTP sites by reading the mirrors list, it's hardly the same thing.
If there is a precedent, then I think it would have to have been from Gopher space. Has anyone talked to the creator of Veronica, or the mother Gopher people at UMN to find out how they created their databases?
Another possiblity is that the precedent would be from hypercard searches, or some other localized searching algorythm for linked data, but unless it was used for searching a network of computers, the CMGI patent might still have some validity.
Re:PTO Question (Score:4)
The PTO has lots of technical people, and few lawyers. The PTO has hundreds of PhDs. [house.gov] Sure, they hire hundreds of people with less than Ph.D. level degrees, but then, I don't expect that every critic of the work they do has one either. Hey, if you want to solve the problem, here's some info on becoming an examiner. [uspto.gov]
The shortcomings of the PTO have more to do with the time given to examine applications, and the money spent on examination, not the smarts of the examiners. Money is short in part because Congress is using the PTO as a piggy bank. Fees go in, and instead of putting all the money into making patents, Congress sucks about a quarter of the money out for other things.
It's about time. (Score:3)
Thank goodness (Score:2)
Perhaps this will be the first step in reshaping patent law. If enough of the people who TRULY created these things come forward, and are supported by The System, perhaps mega-mondo-corps will stop trying to take all the credit (and profit).
Re:SlashPatents (Score:2)
f the patent is denied, you still get to keep your invention secret. If they published your application, then all your competitors would then have a nice detailed roadmap on how to make your invention. There is a serious downside to making all patent applications public.
That's precisely what I think should happen. A big part of the patent problem now is that there is no real consequence to speculativly submitting a weak patent claim in the hopes that it will be approved anyway. Some companies seem to be primarily in the business of submitting dozens of weak patents in the hopes that 1 or 2 will somehow slip through the process and be approved. Then, the extortion begins. The other that didn't get approved just become trade secrets.
If patent applications are made public, applicants will want to make DAMN sure their invention is genuinely worthy of a patent before they submit it. Marginal ideas that could have some value as trade secrets will simply not get submitted (and mort of them will become public within 5 years either through reverse engineering, rediscovery, or perhaps it was no real secret in the first place such as building a database by crawling the web.
Since the odds of genuinly reforming any government agency are small, and criminal of civil penelties would be nearly impossable to apply. You would have to prove that the applicant KNEW the patent application was weak as opposed to the many people who genuinly believe that their weak ideas are groundbreaking inventions.
That leaves building a natural penelty into the process. The public will benefit even if the PTO makes no improvements other than following the new procedure (a safe bet with any government office). It won't solve the problem since they'll still tend to rubber stamp dumb patents, but it will at least eliminate the dumbest ones.
Re:This might not change anything. (Score:2)
But then they still fail the obviousness test. Since ARCHIE was out there indexing the FTP sites, it would be obvious to a skilled practicioner of the art how to index HTTP.
About Time... (Score:2)
"convince the USPTO..." (Score:4)
It seems to me the only way out of this legal sinkhole would be to convince the Patent Office to ...
Stop there. The USPTO doesn't get involved with the conflict once the Patent is granted. The courts have to do that. A Patent is a 'right to sue,' and only the suits themselves can resolve the Patent.
[stock rant on the subject]
Patents are not about who is right, or who is first; patents are about who can sue.
The US PTO is a money-making service for the government, and this fact is why it operates as it does.
There is a misconception that it is the central duty of the PTO to form a blockade against granting patents. The PTO can and will block applications where there's heavy similarity with prior art or existing patents, but that's really just a guideline to using the service, not the core function.
The PTO's purpose is to grant patents for a fee, and it's wholly suited to do so.
The application vetting process of the PTO is a cost center for the operation of the PTO. This is akin to saying that customer service is a cost center for the operation of AT&T. It is required, but they'll cut costs as much as they can get away with.
To fix the patent application vetting process, two things must happen:
At the minimum, if the PTO would publish the abstract for each patent application at the time of filing, then third parties could submit "helpful" arguments against controversial applications. The PTO needn't publish the details, just the abstract; the PTO can then weigh obviousness against challenges without incurring the costs of doing all the searching themselves.
Once a patent has been granted, the Patent Office does not get involved in disputes; that is a matter for the courts.
[end of stock rant on the subject]
Re:This might not change anything. (Score:2)
But Comsat didn't patent geo-synchronous satellites. IIRC the waterbed was ruled to be non-patentable because RAH had described it in one of his books.
Sad (Score:3)
The Slashdot Patent Pending logo is looking more and more realistic every day.
Re: (Score:2)
good precident (Score:2)
lately, companies have been getting patents for all sorts of insanely simple things, including those with obvious prior art. Altavista wasn't even the first search engine one the web, let alone the internet as a whole. If (when?) this patent gets shot down, it might start to send a message to other companies out there basing themselves off of frivolous patents.
we can't stand for this, and this is an excellent first step
Re:"convince the USPTO..." (Score:2)
The idea of `indexing' is obvious to the layperson, and based on that, AltaVista's patents should not have been granted. Had they not been granted, there would be no problem.
I was not suggesting that the USPTO get involved now. I was suggesting that they need to start obeying their own rules -- which is basically the same thing you said, but you took it further, which is good. By `legal sinkhole', I meant the mess that patents in general have become, not specifically the AltaVista indexing patents.
I guess if we ever DO reform the patent process, we're still going to have a lot of bad existing patents to deal with ...
Re:SlashPatents (Score:3)
Re:Patent office agenda (Score:2)
Point one - a lot of patents do not originate in the US - it just so happens that a lot of the more publicized BAD ones have been issues here. I've seen plenty of stupid ones issued from Germany, Japan, UK, etc... but the US ones have been pretty bad - which leads to point two...
Point two - my question on the patent office's agenda was partly rhetorical, I suppose, since I've answered it in the past myself... the agenda is as follows: (please note that it has NOTHING to do with any other country and the IP-screwing thereof)
the agenda is to let the patents through and make the companies fight it out in court. It comes down to "who ever has the $$$ can win", which is sad, as it really messes up the "balance" and hurts small companies. A really bad patent can be issued, a small company can have a great argument against it, but the big company can keep it locked up in the courts forever.
What it all comes down to is this - the patent system is showing its age and its flaws. The office is showing their lack of staffing and lack of insight/knowledge. And the patent lawyers are showing their muscle - too many of them in abusive ways.
Things need to change - perhaps your local congress-person or senator might be able to help, assuming the lobbyists aren't too trenched in their pockets...
but anyway... enough ranting for one day.
Re:heh (Score:2)
QED
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Re:expect more of this to come... (Score:2)
Since AltaVista's founding in 1995 our company has evolved impressively. In January 1999, we became a wholly owned subsidiary of Compaq Computer Corporation (NYSE: CPQ). Compaq purchased Shopping.com in March and Zip2 Corporation in April of that year. Then in August of 1999, CMGI, Inc. (Nasdaq: CMGI) acquired 83% of our outstanding stock from Compaq, and Shopping.com and Zip2 became wholly owned subsidiaries of AltaVista. Later that same year, AltaVista acquired Raging Bull, bolstering our financial expertise while adding a new community element to the AltaVista network. With this combination, AltaVista has integrated a broad range of commerce, content and search services under the AltaVista domain.
Today, we are expanding our services even further through strategic partnerships with leading best-of-breed content providers and aggressive international expansion. As always, AltaVista remains committed to providing our users with the best of the Web from a single, trusted source. As AltaVista continues to develop new and greater ways to reach our objectives and fulfill users' needs, our view from above promises to look ever more comprehensive and accessible.
AltaVista is a majority owned company of CMGI, Inc. (Nasdaq: CMGI).
For a good laugh, check out CMGI's company profile [yahoo.com] on yahoo.
This might not change anything. (Score:2)
Also, and this is a big also, if you make your work public, and don't file for a patent within a year, anyone can file based on their work without having to worry that you'll file on top of them. "Prior Art" depends not only on the existence of the "art", but on attempts to patent it.
And, of course, if you never make your process (i.e., the method, not just the shrouded executable) public, much less patent it, you have dick to say about it when PlutoPetaCorp beats you to the patent office.
Just ask Arthur C. Clarke if he's owed any money by ComSat.
--Blair
Get down to brass tacks . . . (Score:5)
With respect to the article:
"Though I'm not a lawyer, the patents being 'defended' by CMGI/AltaVista include basic concepts that were incorporated into the Archie system years before the World Wide Web even existed," said Emtage.
It is clear that Mr. Emtage is not a lawyer. His statement has almost nothing to do with whether or not a particular patent is infringed or invalid. A patent that includes "basic concepts" incorporated into the prior art is not invalid therefor as a matter of law. If the prior art includes "basic concepts" elements A+B+"a blue C", and a later patent claims A+B+C+D, or even A+B+"a green C", the patent claim might well be valid. The devil is in the details, and the article offers none.
"Archie was crawling and indexed FTP sites with fairly sophisticated algorithms even as I was sitting at Internet Engineering Task Force (IETF) meetings with Tim Berners-Lee while he created the World Wide Web," Emtage continued.
For all we know, the patents in question may have already cited, directly or indirectly, to this very prior art. The issue is not whether the patents relate to pre-existing technology -- this is true of virtually EVERY PATENT EVER EVER. The question is whether the prior art was patentably distinguished in a particular claim. Note that the more significantly the prior art is distinguished (read limited), the less "dangerous" is that patent -- the less signficantly the prior art is distinguished, the more likely the patent would be invalid. And this analysis must be performed claim by claim. The broadest claims of a patent might be invalid, and the narrowest not infringed, while one remains that is both valid and infringed. As noted, the devil is in the details.
Talking about this stuff in the abstract is meaningless -- its just whining. Let's get to particulars. Name the patent and the prior art in question, then we can start talking. Until then, we are all spitting in the wind.
Internet Search History (Score:4)
You can also see AltaVista's Brief History [altavista.com] sixth paragraph). Archie FTP, AltaVista HTML.
Irony of it all (Score:4)
--
Re:Know yr shell, love yr shell (Score:2)
I just had to try it out to see what the overhead of the various methods were. (I've never seen xargs before, so I had to have a play). I created a small file to search, a file doubling script to copy all the files in my test directory and I timed the three different propsed mechanisms for searching the files for a string. I tried up to 16384 files.
1: using xargs
2: using find -exec
3: using grep `find` [or actually $(find) in ksh, backquotes are deprecated...]
The results (in seconds) I got for each method, for a doubling number of files starting at 1 are
1: 0.03, 0.03, 0.03, 0.03, 0.03, 0.03, 0.04, 0.05, 0.06, 0.11, 0.2, 0.36, 0.75, 1.4, 3
2: 0.03, 0.04, 0.05, 0.08, 0.14, 0.25, 0.48, 0.94, 2.1, 4, 7.8, 16, 32, 65, 129
3: 0.02, 0.02, 0.02, 0.02, 0.02, 0.02, 0.03, 0.03, 0.04, 0.07, 0.13, 0.21, 0.43, 0.82, 1.9
I'm using a Sun E450 with Solaris 8. I couldn't get the third method to blow up even at 16384 files, I'm not sure if this is because the OS is complied at an obscene limit or that it does something cleverer. The last method is about a third quicker than using xargs, though it is (seemingly) obvious that its going to break on some platforms. Both these methods are clearly superior to forking a grep for each file found. Plotting log graphs show that all the method scale in a similar way, even if they are a factor of 40 out in their efficiency.
heh (Score:2)
ls -lR > file | grep string
Can I patent this? Is it my intellectual property?, or does it already belong to someone else?
Seriously though. I cannot believe how stupid some of these patents are.
Bad company from the top down (Score:2)
Re:heh (Score:2)
Almsot as stupid as those patents
let's not redirect that to file
Very glad, but very sad... (Score:3)
It is however a sad comment on the part of the US Patent Office that this even has to take place. I already though that the patents should never have been awarded to Alta Vista, and now this adds more to that thought. Just what is the patent office's agenda? They really need straightened out quite badly... in my industry (biotech/drug delivery), there have already been a few more weak patents of bad ideas submitted... and at the current rate, I see no reason why the patent office won't approve them - even though the patents are not defensable in court. This is just really sad.
Re:Get down to brass tacks . . . (Score:2)
It isn't that the prior art itself directly makes the patent invalid. It's that the Archie prior art makes idea obvious (and thereby indirectly invalid).
When you already have lots of people using A+B+C and then D comes along, then A+B+C+D is unworthy for a patent because it is obvious to practitioners in the field.
---
Re:What he should do... (Score:2)
Re:"convince the USPTO..." (Score:2)
Kevin Fox
Public "service" is never creative (Score:2)
Comment removed (Score:3)
Re:Sad (Score:4)
Not only is the system royally f**cked up, but it appears to be getting worse, by design.
Regards,
Ross
Re:PTO Question (Score:2)
As long as this stupid mindset will keep going, don't expect anglo-saxon countries Patent Offices to have the slightest smidgeon of a clue.
--
Archie has a license to obey. (Score:2)
1.- GRANT OF LICENSE
1.1 Subject to the terms and conditions of this Agreement, Bunyip grants to the Licensee a non-exclusive license to use and operate the Archie software to gather, manage and serve information. By installing and operating the Archie System the Licensee agree to be bound by the following terms and conditions.
l.2 The Licensee is licensed to operate ____________ simultaneous copies of the Archie System. The Licensee may use Archie software to gather and maintain multiple databases and the Licensee may configure its system to use additional computers as file servers to process and store the information gathered, but the information maintained by the Archie Systems covered by this License Agreement may only be served to users while operating Archie on no more than this number of computer systems (the Designated Computers).
l.3 The Licensee or the Licensee's employees are authorized to make an unlimited number of copies of the software for backup and archival purposes, but shall not have the right to transfer, share or otherwise release copies of the Archie Systems to third parties. Any such copy shall become the property of Bunyip.
l.4 In the event that the Licensee desires to transfer the use of the Archie System to a newly designated computer from the designated Computers set forth in paragraph l.2 of this License Agreement, the Licensee shall request prior written permission from Bunyip, which permission shall not be unreasonably withheld. Upon receipt of this permission the Licensee may transfer the use of the Archie System to the newly designated computer. The Licensee shall destroy all copies or records of the Archie System in the Designated Computers or shall transfer all of these copies or records to the newly designated computer and shall if required by Bunyip promptly certify in writing that no copies or record of the Archie System exist outside the newly designated computer.
l.5 The Licensee shall not have the right to sublicense this Agreement, and the Licensee shall not assign its license, whether voluntarily or by operation of law or otherwise without prior written approval of Bunyip.
3.- OWNERSHIP OF THE ARCHIE SYSTEM AND CONFIDENTIALITY
3.1 The Licensee acknowledges that the Archie System, software, documentation and associated information are the property of Bunyip, and that the only rights which the Licensee obtains to the Archie Systems and Licensed Materials is the right of use in accordance with the terms of this License.
3.2 The Licensee acknowledges that the Archie System and Licensed Materials contain proprietary and confidential information of Bunyip. The Licensee will take the same care to safeguard the Archie System and Licensed materials as it takes to safeguard its own confidential information and this care shall not be any less than would be taken by a reasonable company to safeguard its information. Without limiting the generality of the foregoing, the Archie System shall be accessible only to those employees with a need for access to perform their duties, and Licensed Materials shall be stored in a locked place and shall be accessible only to those employees with a need for access in order to perform their duties. Employees having this access shall be specifically advised in writing of the confidentiality of Archie System and Licensed Materials.
3.3 The license granted under this Agreement is non-transferable and authorizes the Licensee, on a non-exclusive basis, to use each Archie System solely on the Designated Computers so long as the Designated Computer remains in the exclusive possession of the Licensee. Any attempt by the Licensee to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
3.4 The Licensee shall not derive or attempt to duplicate, or permit or help others to derive or duplicate, the source code relating to the Archie System.
3.5 In order to assist Bunyip in the protection of its proprietary rights with respect to the Archie System and Licensed Materials, the Licensee shall permit Bunyip to inspect during normal business hours the facility at which the Archie System is used and any facility at which the Archie System Licensed materials are stored. The Licensee shall advise Bunyip on demand of all locations where Archie System or any Licensed materials, or both, are stored, and shall provide Bunyip with access to the Archie System and Licensed Materials, including any copies of them.
7.- GOVERNING LAW AND ENFORCEMENT OF AGREEMENT
7.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada. In the event of any dispute under the Agreement, a suit may be brought only in a court of competent jurisdiction of the Province of Quebec, Canada,
8.- COUNTERPARTS
8.1 This Agreement may be executed in counterparts in the same form and such parts as so executed shall together form one original document and be read together and construed as if one copy of this Agreement had been executed,
9.- LANGUAGE
9.1 The parties have required that this Agreement and all deeds, documents or notices relating thereto be in the English Language; les parties ont exige que cette convention et tout autre contrat, document ou avis afferent soient en langue anglaise.
IN WITNESS WHEREOF, the Parties have executed this Agreement, on the date and at the place first above mentioned.
BUNYIP INFORMATION SYSTEMS INC.
Re: (Score:2)
What has driven this recent bad patent movement? (Score:3)
I can't immagine that there is one point source, but rather a range of reasons.
Is it corruption within the system, an incompetent system?
How much of this is due to problems in government, or greed of industry?
Where can we make changes to improve things?
Is the whole concept of IP flawed to begin with, or does patenting non-physical concepts have a place in the information age?
Is there a good informational resource that would answer some of these questions in a manner accessible to a legal and technical novice like myself?
These are breasts; this is source code.
You're obviously an idiot (Score:2)
You don't apply for a copyright -- copyright is implicitly granted to the author of a piece of artistic work.
Since you didn't write the alphabet as a literary piece, you don't have copyright on it. On the other hand, you could paint a picture of the alphabet, and you would have copyright on that picture -- but not on the alphabet.
You could design a new font, and have copyright on it. Hell, you could probably submit it to the USPTO and say it was designed specifically to make writing easier when using a green pen and you'd get a patent on the font. Then you could write the alphabet in that font, and register that as your trademark.
But you couldn't patent "the alphabet". Get real.
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