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Patents

Microsoft Patents Package Management 254

Lionfire writes "Recently, Microsoft aquired a patent for a "Method and system for installing and updating program module components"." Read the description and replace a few key words, and you have a very nice description of *cough* Debian's apt. Neat!
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Microsoft Patents Package Management

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  • microsoft package manager for linux? heheheheheheheheheheheh ehehehhehehe *ahem* sorry...
  • you'd think this would have no chance.. but with the state of the patent office today.. ..

    Imagine the uproar if Microsoft tried to enforce this patent on Debian and other distributions.. oh my..

    God, I have a sinking feeling this will actually get through too. What a shame. :(
  • I don't think that even Microsoft would make a serious attempt to enforce the patent - plus, proving prior use on apt, rpm, whatever, which would be ever so easy, renders Microsoft's patent useless anyway.

    Then, again, why did they register it? Weird.

    --Remove SPAM from my address to mail me
  • What consequenses will this have?

    I hope we will be able to point to "prior art" and get the patent invalidated. Or this may be a major setback...

    When did microsoft apply for the patent? Before or after apt existed?


    --
    "Rune Kristian Viken" - arcade@kvine-nospam.sdal.com - arcade@efnet
  • by arivanov ( 12034 ) on Friday May 05, 2000 @05:58AM (#1089703) Homepage
    apt and rpm are rather young. There is an actual POSIX draft for a UNIX package. Though I do not know anyone using it ;-)
  • by proj_2501 ( 78149 ) <mkb@ele.uri.edu> on Friday May 05, 2000 @06:00AM (#1089704) Journal
    The claim specifically states that a REGISTRY KEY is involved. Does Linux have a registry? NO!

    This is an automatic system. A registry key containing a date is checked against the current date, and the system queries a database over the Internet and checks for upgrades. It has nothing to do with RPM etc.
    --
    The other side is crowded. The dead have nowhere to go.
  • by JatTDB ( 29747 ) on Friday May 05, 2000 @06:00AM (#1089705)
    The patent does explicitly state "registry key" so they may only be trying to exclude other companies that try to make package managers for Windows. When Linux starts using the word "registry" for a central place of storing all system config info and a few billion other things, you may see a news report where I strangle several developers...

  • after further re-reading, does this really matter?

    Installing and updating a software program module component. A determination is made whether the current date is on or after a date stored in a registry key on a computer.

    Last I checked, there's no registry keys on Linux (sorry, GNU/Linux :) ) .. depends how technical they want to get with it, I suppose.

    MS isn't stupid though.. they have to want to patent this for a reason.. even though it appears prior use by linux would make this null and void if they attempt to go after them.

  • Patenting stuff like this first? Don't they have a responsibility? Why are people giving their money to them otherwise?
  • I know that a lot of people are going to jump and down and yell at the Patent Office, for those people, I want to ask, how many of you have applied for a job at the Patent office, so that you work and help remedy this problem we are experiencing? Okay, so perhaps you have never thought of working there, Would you give up your $100k linux sysadmin job for lower wages to make a difference? I thought so...

  • They registered it because in today's world if you don't patent something that may be patentable someone else will and they might sue you for patent infringement. They're doing it because they have to ,and maybe because they want to.
  • 1) Linux does not use a registry.
    2) Dates and version numers are monotimically increasing, so you can just use version numbers instead of dates({program name} -v )
    3) Databases can be avoided.

  • I think there might be a few prior art issues here. I've never even heard of Microsoft making a package manager. The only package managers I know are Red Hat and Debian (perhaps a few others).

    Microsoft: "We are doing this in order to fuel further innovation."
    Hackers: "Not again!"

  • What they are patenting is using a registry to check the system for newer packagese against a database on the internet, and then at the user's discretion download those packages and automatically install them off the internet. They aren't patenting simply having packages, or a package management system. Basically they are patenting Window's Update, and although it is annoying, I don't think it hurts us too much, as the language seemed specific enough to allow someone to make a comparable system that operated in a diffferent way
  • by haystor ( 102186 ) on Friday May 05, 2000 @06:04AM (#1089713)
    It doesn't mention anywhere the 16 reboots.
  • OK guys, we have a patent now for our package management software.

    Please pay us $0.50 for every instance of your Red Hat RPM Manager and Debian apt in existence. Or we sue for infringement.

    Reply? Too obscene to be shown here.

  • by the_other_one ( 178565 ) on Friday May 05, 2000 @06:04AM (#1089715) Homepage

    The MS package management system has certain features that improve performance over the Debian system

    Instead of spending precious cycles checking for dependancies the MS system saves time by blindly overwriting everything.

    Perhaps Debian should apply for a patent for SAFE software updates over the net

  • I can see it now. Microsoft execs running for their lives from an army of GNU Freedom Fighters!
    If they got the patent and it was enforced me thinks that Micros~1 would not be in business anymore :)

    Bill Gates: Please Tux! I didnt mean to file the patent and bribe the patent office. This is a total misunderstanding!

    Tux: Muwahahahahahahahahah

    (Tux rips Billy's head off by throwing a stack of Linux CDs)
  • There's no way they can enforce their 'patent' anyway, because of the GPL. This is a non-issue.
  • by Denor ( 89982 ) <denor@yahoo.com> on Friday May 05, 2000 @06:07AM (#1089718) Homepage
    Patented package management? I believe the first thought to come to my mind was:

    Think of the tarballs! Won't somebody please think of the tarballs!
  • by Carl ( 12719 ) on Friday May 05, 2000 @06:07AM (#1089719) Homepage
    A few days ago this was discussed on the debian legal mailing list:
    http://www.debia n.org/Lists-Archives/debian-legal-0005/msg00000.ht ml [debian.org].

    The conclusion was that this is not like apt since apt figures out the (local) dependencies at the client and not the server. And even if it would be considered the same thing then apt/dpkg did have this functionaly long before Microsoft applied for the patent.
    Just look at the Changlog for dpkg-ftp [debian.org].

  • $100k linux sysadmin job?!?!

    Where do you work? I'll take your place when you leave for the patent office. :)

  • Maybe since the target of this patent is only the window's OS, that they are merely trying to secure that they are the only people who can update windows?..

    And nother crack-pot thought... imagine using such a system to replace windows with non-microsoft components.. maybe gnu-ify windows, and replace the OS right out from under people.

    Hrm.. this could go the otherway and replace non-ms components with ms components.... hrm.....
  • by kevin805 ( 84623 ) on Friday May 05, 2000 @06:08AM (#1089722) Homepage
    The registry is just an implementation detail. RPM keeps track of which packages are installed, though I would guess it does so in flat files.

    It does have to do with RPM because one of the features is being able to tell what version of something is installed, which, in additional to making it easier to install stuff, is the purpose of RPM.

    The only possibly novel thing is checking the website automatically, which probably has prior art. I can't remember when I first saw something automatically check the web for updates, but I doubt Microsoft invented it. The patent abstract sounds like it's describing Windows Update.

    --Kevin
  • 3) Databases can be avoided.

    Holy shit. I would have never thought of using a database to store information that controls a system. And to use this database for updating packages. I'm damn glad there are companies like Microsoft that knows how to *cough* innovate.
  • Agreed, no registry key for Linux. But how do Red Hat and Debian determine how a particular piece of software needs to be updated.

    I certainly wouldn't put it past MS to argue that apt invalidates their patent.

    In the wake of this weeks fiasco on "viruses", does anyone get updates to Norton Anti-virus over the Web? If so for how long? Not sure whether this invalidates the MS patent, I think a registry key is involved but I am not completely sure.
  • Nice that you give the credit to Debian, but *cough* IBM's AIX has had package management since (almost?) the beginning. And I'm sure some mainframe haxhors could probably tell us stories of earlier package management.

    Which brings up the question again of whether Open Source has ever innovated anything, but that's another subject. :)


    --

  • by weaselp ( 32626 ) on Friday May 05, 2000 @06:10AM (#1089728) Homepage
    What mircosoft patent claims is totally different from the way debian's apt works.

    From the Abstract:

    A determination is made whether the current date is on or after a date stored in a registry key on a computer. If the current date is on or after the date stored in the registry key, then ac omputer transmits a database query via the Internet to a database server. At the database server, a determination is made whether an upgrade package for the softwareprogram module component is available, such as by performing a database lookup. (emphasis mine)

    First deb's and I presume rpm's use version numbers instead of dates and second with apt, the client determines which packages to update, so MS' system is different from what debian does use.
    --

  • by Bad Mojo ( 12210 ) on Friday May 05, 2000 @06:10AM (#1089729)
    Ok, I took a good look over the patent. It appears that the patent is for a software package management system that operates over the internet specifically. Well, there's a good chance that was never patented. There's also a good chance that someone else patented this same feature over a network in general. If that is the case, the patent office has just granted a duplicate patent with more specific terms.

    If there never was a patent even like this before, I'm fairly certain AIX had a NIM-like service before this patent was submitted that would work over the internet ... if you would want to do that.

    Bad Mojo [rps.net]
  • I am no lawyer. Maybe there are one or two 'legal experts' out there reading /. that can answer this. Here is a URL from Cornell on Patent Law [cornell.edu]
    Some thoughts:
    -The patents must be 'novel' (original?) and not of an obvious nature. This new microsoft patent is neither.
    -Since debian's apt does the same thing this patent does, and debian has been doing it longer, what does this mean to debian users?
    -Am I a now a patent law violator and possible criminal since I've been using Debian for years?
    -Lastly, why is the U.S. Patent Office giving away patents on such obvious ideas (think Amazon's one-click shopping)??
  • In 2 words: patents suck.

    The whole point of open source is that others (including so-called competition) may re-use your inventions.

    The only acceptable use of a patent is registering it just to make sure nobody else registers and abuses it, but that's what prior art is there for, so why waste money on patent offices?
  • Hell, I know at least 20 different programs that are not M$ and that do Live Update (think Symantec Norton Antivirus or Symantec Visual Cafe, think Real (player) etc.) Those were here for a long time and all of a sudden MS has a patent for this? I suppose the question is in the process of how the update is done. MS checks the registery for the date (I am sure Symantec or Real do the same) the date is sent to the server and compared with a db query (for some reason this sounds just as any other application or a company would do.)

    Oh, well.
  • I check the dates on my installed Linux packages and download updates and install them.


    We are Wookie of Borg.

  • Microsoft applied for the pattent in 1997, and received it in 1999.

    Upon reading the text of the patent, it becomes clear that the idea of a software module package is not important. Rather, it is the idea of how a Windows system might go about upgrading components via the internet. Part of the patent mentions the Windows Registry, the Internet, and a special Package Server.

    The patent is quite trivial. Any amateur programmer could probably "invent" this as a simple and obvious solution. It does not represent anything new. Remote package upgrades have been performed in numerous ways over the years, doubtless. There is no direct relation between this patent and any package management system currently available.

    This is simply a patent on a process, not a technology.
  • I can understand my MS got this patented. Without it another company could have gotten the patent and then sued MS for patent infringement. They might not have had a good case, but who wants to go through that legal hassle?

    The real test will be whether MS starts extracting royalties from people who use this "method and system for installing and updating program module component."

    More globally, the problem of reforming the patent system is one of public choice. The people with an interest in keeping the system would lose millions if the patent system was reformed. And the people with an incentive to have it reformed don't have so much money at stake. (Or at least it's potential, possible, might-exist-later money, not right-here-being deposited money.)

    And, if copyright law is any guide, most companies are totally committed to making intellectual property as much like tangible property as possible by extending rights over it indefinitely.

    -- Diana Hsieh

  • On debian-legal there already was a discussion.

    http://www.debi an.org/Lists-Archives/debian-legal-0005/threads.ht ml [debian.org]
    --

  • Yep, indeed. How smart to come up with this. And so shortly after they invented the symbolic links (remember [slashdot.org]?)!!

    Could somebody help me - I forgot the details: Didn't Al Gore also work for M$ when he invented the Internet?

    Oh, and what about the wheel? I hope everybody's paying M$ for that, too.

    Say, does anybody know if anybody actually holds a patent on the wheel?

    -Jan
  • by Blue Lang ( 13117 ) on Friday May 05, 2000 @06:14AM (#1089741) Homepage
    using the word "registry" for a central place of storing all system config info and a

    I think most commercial unices have maintained a 'registry' with 'keys' for package management for the last ten years or so. Certainly LPP does in AIX, even if it's a file heirarchy w/directories as the 'key.'

    It's funny, the difference in a coder and a corporation.. Someone from debian thought 'wow, this would be cool -' and did it. Someone from M$ though 'wow, this would be cool -' and patented it.

    Fuckers.

    --
    blue
  • to want to say anything good about the Redmond Empire but if this patent is fairly closely linked to the Windows system (as references to the registry seem to imply) then this may be more of a protective patent to prevent others from patenting the idea and either charging excessive licensing fees or preventing anyone else from using the ideas at all.

    If they hold the patent (even if it can be considered invalid) then no-one else should be able to get such a patent. This prevents them from having to mount an expensive patent challenge. However if they start to try and use this patent to restrict others from using the same method then that would be bad.

    In another example the real problem with the Amazon case was not necessarily the patent itself (which prevented anyone else from getting it and using it against them). The problem was when Amazon started to use it as a commercial weapon against their competitors.
  • You know, I've heard countless comments on how Linux and other open-source projects are simply playing catch-up to existing systems, but what really entertains me is people seemingly thinking MS products offer anything new. Take, for example, this patent: MS has basically established their exclusive right to use Windows Update, which is basically just a net-connected version of the package managers that have been in use in countless commercial and open *NIX distributions for the last couple of decades. Just look at the "new features" in Win2k -- most of them *almost* bring it up to the level of a basic UNIX system (I'm thinking of file and directory-level permissions and the like). It would make me want to laugh, if it wasn't so disturbing to see how effectively advertising can render people's memories and critical thinking skills inoperable.
  • Looks like we really need to get that patent review method implemented. The contents of this patent are overly obvious to anyone involved in the field, and thus, invalid for a patent.

    As for prior art, it is completely possible to call Debian's package list a "registry", because what does it do? It registers what packages are available in a formatted list. Also, the patent directly applies to the use of dates only to determine which package is new. Well, a good quantity of Debian's packages DO use dates as their version numbers, wine for one example, and when dselect determines that the date from the server is different from the date in its registry, it downloads a new version and installs it.
  • Once again, Microsoft has heard the cry of the serfs in it's Kingdom, and has responded in kindness, by sending care packages of managers to each and every peasent, to explain the necessity of handing over all the gold(tm) to King William the Gates III.

    This new method of packaging managers has been patented. This means that any peasent caught trying to stuff a manager into any box in a way not approved by the King will be flogged and have really nasty things said to him by the Court High Lawyer.

    Rebel OS Barons will be punished most severely, once the stolen plans for the station have been recovered.

    Meanwhile, on Tattoine, Luke Stallman meets his Internet mentor-to-be, Obj WAN...

  • Linux still has had it first, their patent is a close match to tools like up2date (Red Hat) or MandrakeUpdate (Mandrake).
    They're not the same though (AFAIK neither of them uses "registry keys" [or did they change the labels of db database keys recently ;) ] or "dates" [we rely on version numbers only], and the linux tools are older than Microsoft's.

    Another thing matching their description closely is the good old CVS, which predates their patent by at least a couple of years.
  • by Hardwyred ( 71704 ) on Friday May 05, 2000 @06:27AM (#1089748) Homepage
    At face value, this has no effect on linux, but dig a little deeper. Yes, it mentions that a key is taken out of a registry, but Linux doesnt have a registry, or does it? What is a registry, is it that hellish tree that MS products use, or could it be more? What worries me is that this patent doesnt explicitly state what a registry is. If MS decided to go balls to the wall on this, it could be argued that a registry is any file or system that contains version information on anything other then itself. If that is the case, then what about Mandrakes AutoRPM. It completes the same job using a version file, that if you really wanted to, could be referred to as a registry. I dont think this patent should be taken too lightly. Its main threat is its ambiguity. Imagine that, Microsoft king of security by obscurity, being vague.

    ...and the geek shall inherit the earth...
  • This is nothing to be alarmed about in the Linux world. Microsoft's plan over the next few years is to make computers easier and friendlier for the home user, and this is just one aspect of this plan. If you follow MS like I do, this is simply a new feature that will be implemented in MS's next OS release, Windows ME. Every time the OS boots, it's going to check on-line for an updated patch/feature (sucks to be a modem user), and automatically download and install it. Other things such as improved speech recognition and even a rumored tweaking to the GUI are in the works.
  • those innovations just keep on coming! Personally I can't wait to see what patented software Rube Goldberg anti-email-virus scheme they're going to come up with post love.Bug. Should lift stock prices some.
  • Now that would be a nice try... :>
    If Microsoft sues over patent infringement on a site allowing to replace all installed windows components with free counterparts, they'll admit that the transition to Linux or *BSD constitutes an upgrade. :)
  • by blakestah ( 91866 ) <blakestah@gmail.com> on Friday May 05, 2000 @06:33AM (#1089753) Homepage
    MS isn't stupid though.. they have to want to patent this for a reason.

    Of course. Anyone who writes software for Windows will have to license the patent to make their software automatically upgrade. Just another way to milk your monopoly.

    Of course this is a totally obvious extension of dpkg-ftp, or apt for debian. But for that to apply the patent checkers would need to have their heads out of their butts.
  • Probably none. They might just find it easier to say "We got a patent" than "We got prior art" if someone comes knocking on their door later. It bulks out their patent portfolio so they have one more piece of paper to hit 'em with.
  • by MountainLogic ( 92466 ) on Friday May 05, 2000 @06:35AM (#1089756) Homepage
    As an engineer who has my company's patent counsels almost live in my cube (knock, knock, how many patent counsels does it take to fill an engineer's cube...) I have a few thoughts on why MS did what they did. Patents are a current part of the business landscape. Companies get patents for "real" reasons such as protecting their IP rights as well as "human" reasons such as a patent counsel's bonus is based on how many patents they file. The fact of the matter is that the decission to file this patent was made 3 to 5 years ago as that is how much time it often takes to get a patent out. Don't waste too much time trying to figure out why some big dumb creature as MS does something, just assume one Dilbert manger won out over a different Dilbert manager. The patant office is so short staffed that the examaner spends only a short few hours with each patent and most of that time is spent dotting the "i"s and crossing the "t"s. The reality is not that questionable patents get issued, but that some future Dilbert manager may try to make a name for themselves by using it againts a smaller group that can not afford to defend them selves. Sometime the small guy wins, too. Anybody remember Stacker Software and MS?

    Patents tend to be written in two ways, as shields or as swards. Shield patents are designed to allow a company to continue to do what they want while swords are intended to go after others.
    There exists another type of patent, statutory, that is seldom used and the open source sommunity should consider it. A statutory patent provides no IP rights to the issuer and is most often used by a government lab or university to put their work into the public domain. The nice thing about this kind of patent is that it is cheep and puts the work firmly into the public domain. We might want to write up Linux, Apache, etc. each into it's own patent application and file them as statutory patents. Such actions would form the ultamate shield that _proves_ prior art!
  • "Obvious" is a term of art, not just the English word you're used to. There are tests for "obviousness", and the standards are much lower than you're probably used to. Of course, *everything* is obvious once you've seen it in use.

    "novel" is satisfied if even one element of the patent (say, the use of a "registry key") is distinct, as I understand it.

    If debian's apt *does* do the same thing, it's prior art, and the patent is invalid. My guess is that debian's apt does *not* do the same thing as the patent.

    As to why the patent office gives out patents so easily, it's probably because "obvious" is a really hard term to define, and it's not clear that the normal English usage is appropriate in the law. It may be, however, that the standards are really too low right now - in which case, the problem isn't the patent office, it's *Congress*.

    IANAL, but I occasionally read things written by them.
  • What is a REGISTRY KEY?
    The windows registry is nothing more than two files.

    Debian's dpkg keeps track of all debian packages available on the server in its status file. Included in this file is local status of these packages (installed, not-installed, to be removed, etc...). Apt being a frontend to dpkg clearly states CmdrTaco's point.

    This could perfectly fall under the definition of REGISTRY, IMHO.
    Just because there might not be (?) automatic system for upgrading an RPM based linux system, doesn't mean it isn't done. Some of us might want to read slashdot more carefully... (remember this? [slashdot.org])

  • There are some differences between what Debian is doing and MS. The entire list of packages is mainatained in a Packages.gz file, and the "apt update" grabs this entire file for all list of packages. It seems that MS actually queries the server package by package for this. Whether the date or the package version is used is a minor issue really.

    Now is this innovative and worth a patent? I can't see why. So one does not need to download the entire list, but face it, that is good database to browse offline anyway. You can't do that with MS, short of sending a query for all packages, which takes effectively, more than the bandwidth needed than Debian.

    Minor rant: What is it with the patent application process anyway? I would like to see what sort of problems MS was trying to solve with this "innovation". Who cares how they did it, if we don't know what problem they were trying to solve. If fubar algorithm does not solve fubar problem, by what criteria does one know if it is "innovative" or not? I could strip in the middle of winter and dance around a fire naked. That would be new, but it doesn't solve any damn problem!

  • Nothoing personal against Elyas, but why is every post that mentions 'registry' moderated up? RPM does, in fact, 'register' packages, as does every other package manager that tracks versions.

    They have to. It's implicit - tracking requires history. Sheesh.

    Come on, moderators. If you don't understand the technology, DON'T moderate the posts.

    Thanks.

    --
    blue
  • by Shotgun ( 30919 ) on Friday May 05, 2000 @06:37AM (#1089763)
    Note to Microsoft:

    You're not getting patents on the good stuff, the things people haven't done before. In the interest of showing that not everyone on /. is biased against you, here is a little help, the title for your next patent application:

    A method for allowing random users to execute arbitrary code within a secure network.

    /**Describe your email program here**/

    This patent will not be attacked by the prior art argument, but that just may be because previous programmers actually thought about what they were putting in their email programs. You know, they had a clue.

    To the rest of /.:
    This is offtopic, but we've been fruitlessly brainstorming here all morning. Is there any valid business use for having an email execute itself?
  • errm .. Apple have had this for quite some time. The 'Software Updates' control panel is used to either manually or periodically connect to a remote server, verify all packages & automatically download the updates. The user can get the option to accept/refuse updates ....

    Pete C
  • Get a load of this [ibm.com]patent - "... thereby sending the signal at a speed faster than light. "

    Something's definitely rotten in Crystal City.

    I spent a summer there way back, and gave many a patent application for 'some neat software burned into a common ROM' a resounding smack of the ol' reject stamp, but that was before the judge liberalized the place to include business procedures etc.
  • by TheCarp ( 96830 ) <sjc@NospAM.carpanet.net> on Friday May 05, 2000 @06:52AM (#1089774) Homepage
    > For anyone here who's used it (admit it :), what
    > that patent describes is Windows 98's "Critical
    > Notification Update" utility, a program that
    > checks the versions of your software, compares
    > it against what's on Microsofts server, asks if
    > you want to download it, and then if you say so,
    > downloads and installs the appropriate updates.

    Which is almost exactly what apt does.

    apt gets th elatest package list, checks it
    against whats on your system, and downloads all
    the needed packes and installs them.
    (well 1 of apts modes of operation does that, it
    also allows you to install or upgrade individual
    packages, if you want. It will download the
    package you told it about and all its dependancies
    )
  • by ballestra ( 118297 ) on Friday May 05, 2000 @06:53AM (#1089775) Homepage
    I don't think it would make any difference how many wise /. readers became patent examiners at the USPTO. The system in place there would just punish anyone trying to make a difference. Meanwhile, the more expedient examiners will get bonuses and be promoted to supervisor. It is a management problem, and therefore can only be solved with new management.

    We need insiders in the Bush and Gore campaigns, who understand the importance of this issue and will work to get the next president to put real scientists in charge of USPTO. They need to end the policies with reward examiners for volume, and provide incentives for nonrigorous approval processes.

    This, of course, is about as likely as the FCC coming up with a fair process for the allocation of broadcast spectrum, or the goverment discontinuing the purchase of M$ software.

    "What I cannot create, I do not understand."

  • Yes. That is completely different. Take an idea already done for years, move its computation to the server, and Whammo! instant patent.

    Actually, what disturbs me more are the list of other patents at the linked page. Things such as "automatic update of software". Does anybody else think all of these are a little broad and obvious?

  • But the people working at the PTO are not us, nor are they Linux users (even if some are, you can't take it for granted) whether they use debian or any distro that uses RPM. Maybe as far as the PTO is concerned, it IS novel.

    The PTO employs a bunch of low paid (relatively speaking) workers to do the work, as compared to the wealthy patent attorneys who would know better and get paid tons more money because they do know better.

    The best people to work at the PTO would be the patent attorneys in conjunction with specialists. But these people can get paid more elsewhere, why would they work there?

  • Having been involved in more than one patent dust-up from a technical point of view, it's the cliams that afford the patent protection. After reading the Microsoft claim, I think they would be able to make a fight out of it, and the onus would be on Debian, Red Hat, possibly Sun, and even Netscape (Smart Update) for proof of prior art.

    The claim states that they are patenting a method by which a computer makes a list of files, asks a server for deatils on those files, and a date for those files, and comparing it to a local date (held by a number of means for those who jumped on the Registry idea, which is only an example), presenting an upgrade option to the user. The claim then further patents getting the package delivered and installed as part of the claims.

    This patent clearly attempts to claim anything even remotely implementing an automatic update procedure. I think it's possible that Microsoft is looking for another block to shore up it's defense by patenting parts of other OSes currently out there. This does that. Yet another patent on something that is essentially "obvious" to a "skilled praticioner of the art" cited.

    This is an algorithm, and that should make it all but unpatentable, but it's written as an operational procedure with real parts, rather than a simple sequence of steps, so it suddenly becomes patentable.

    It would be nice if ZDnet or Wired or a "mainstream" non-techie newsfeed covered the discussion, especially regarding Debian and/or Red Hat, and prior art on the patent front. It seems that the lawyers and committees responsible for overseeing the patent office think it's working very well thank you, and that it doesn't need to be changed.

    I'm quite concerned that this was granted. It's another item that if it goes to court takes time and energy away from people doing good things for the Open Source movement.

    But that's just an opinion, and I'm not a lawyer...... :-)

  • Unix invented automation of text processing that was its original purpose.

    Linux doesn't need a registry to do this. A registry key is a string of bytes. Any damn file regardless whether it's a regisrtry, a database, or a config file can contain a string of bytes.

    Second, dates/versions same fucking thing. Think first moron.

    In fact prior art: the online calendar and reminder systems. Those are automated too. And jesus christ CRON. Microsoft has patented CRON.

  • This is exactly what they plan to do IMHO, and illustrates why our patent system is a bit on the slow side. How soon before the lawsuits? I say within 6 months...

    And registry is the key term. The patent says "a registry" not "the Windows Registry". A registry (def 2:" a place of registration") would then be anything where information concerning package attributes is registered.

    Currently I would think BillyG and CO are pretty pissed about the laws in this country (and those incredulous companies that want to compete with them), and since they can't do it in the marketplace (how can you compete with someone who's software is Free..ask Netscape..) they'll want to use the patent laws against Free Software.
    --
  • In 2 words: patents suck.

    Patents don't suck; software patents suck. Non-software patents actually work; for example, look at the model for development of new pharmaceuticals. Without the guarantee of a monopoly, drug companies would have no incentive to spend big bucks on research and development.

    Software patents, on the other hand... The Patent Office needs to get better reviewers who actually know something about the software industry, especially free software. Only truly revolutionary techniques (MPEG audio layer 3, RSA public-key encryption, etc.) deserve a patent. This Unisys patent [ibm.com] (even dumber than its LZW patent [ibm.com]) doesn't.

  • This is simply a patent on a process, not a technology.

    Exactly correct. What it means is that now nobody but Microsoft may use the obvious mechanism for maintaining package information on Windows systems.

    Why they would want to make all non-Microsoft software packages harder to install and maintain on their OS remains a mystery...

  • by osjedi ( 9084 ) on Friday May 05, 2000 @07:53AM (#1089809)
    M$ system = date driven
    Debian system = version driven

    M$ system = server tells client what to update
    Debian system = client determines updates

    M$ system = remote database queried by client
    Debian system = client reads a flat text file
    used to update client's local
    database.
  • Whether this prior art specifically invalidates some or all of the patent claims is a question I can't answer.

    The patent office probably couldn't figure it out either. Perhaps that's why they aren't qualified to be making the decisions they're making.

  • Everyone who is making comments like about how Microsoft is patenting package management or automation ("Microsoft Patented CRON" was my favorite example of this one) needs to read the referenced patents.

    If you actually look, this patent is a modification to existing patents by other companies, such as Compaq's 1996 "US5586304: Automatic computer upgrading" ( http://www.patents.ibm.com/details?&pn10=US5586304 [ibm.com]), which begins with "A method for use in upgrading a resource of a computer from an existing version of the resource to a later version of the resource.", which seems to conflict with just about every helpful installation program ever created.

    How about IBM's 1995 "US5473772: Automatic update of static and dynamic files at a remote network node in response to calls issued by or for application programs" ( http://www.patents.ibm.com/details?&pn10=US0547377 2 [ibm.com]) which seems to cover applications like rsync and maybe even CVS.

    All that Microsoft's patent is is a small extension of a few other patents (Apple already got automating program upgrade in 1998, IBM got automatic maintenance, an earlier Microsoft patent covering remote software discovery (probably for Windows Update like behavior), and Samsung's system of letting the app developer update a server and have it distribute down to clients) making them more focused for what they are trying to do. BUT, everyone chooses to attack this patent :).

    Xerox's >>1985 http://www.patents.ibm.com/details?&pn10=US0455841 3 [ibm.com]) actually seems to have the source code based package management systems covered (although it might be just different enough to be talking more about source code management than of binary applications).

    There were a bunch of other goodies there but I am already way past when I was supposed to leave this morning to point them out :).

    Well, one more I just hit on... IBM's 1987 "US4649473: Flexible data transmission for message based protocols" ( http://www.patents.ibm.com/details?&pn10=US4649473 [ibm.com]). This one seems pretty close to Microsoft's Message Queue system... Maybe someone should point that out to someone, hehe.
  • Server figures out the dependancies? HA!

    In that case we should THANK MS for comming
    up with this patent...its such a damned stupid
    idea that people SHOULD be prevented from using
    it.

    Maybe next someone will patent sloppy code
    indenting, oh...and memory leaks.

    I would say someone should patent opening files
    and writting to them without checking if the
    write failed (::cough::quota::cough::) but pine
    has been doing that for years.
    (if you don't believe me, id be happy to show you
    some nice runaways)

    Then again, I supose memory leaks, and bad code
    have plenty of prior art too.
  • apt and rpm are rather young. There is an actual POSIX draft for a UNIX package. Though I do not know anyone using it ;-)

    I kinda doubt the commerical unicies are using it, but even they have package management. HP/UX has swinstall, swremove, swlist. Solaris has pkgadd, pkginfo, pkgrm, and so on. Basically unix has plenty of prior art out there that M$ is just trying to copy. Think of it in their usual terms...it's simply embrace and extend.

    Now only if the patent office would be as anal as they were under Jefferson we wouldn't have all of these stupid patents floating around anyway.

  • by account_deleted ( 4530225 ) on Friday May 05, 2000 @08:15AM (#1089824)
    Comment removed based on user account deletion
  • No, I mean work solely as examiners, and quit their job as patent attorneys. Like I said, who would do that?
  • by Ace905 ( 163071 ) on Friday May 05, 2000 @08:26AM (#1089832) Homepage
    Microsoft should patent a, "Method for Updating and Ensuring Complex System Stability". Essentially it would be a small 4 line program which reboots WinX systems every 30 minutes without prompting for confirmation from the user.

    This would decrease Windows downtime exponentially, as the average windows system crashes every 35 minutes. With a stable new OS in memory just before crash time, they could eliminate that bug completely!

    Instead of patenting the code though, they should just patent the process of "Rebooting", since essentially that is all there code would really be doing. Sounds miniscule under the microscope, but think of the possibilities. An OS with zero logged downtime!. And Microsoft would be the first to think of patenting "Rebooting as a means of maintaining system stability". Legally, we all know they have the right to it, who in the world associates rebooting for continued use with any OS other than Windows?

    Unfortunately all you Linux lovers out there will be screwed when they do patent it. Next time your system crashes, legally, you'll have to throw them out and go get new ones.

  • I was recently at an intellectual property conference and the two things that shocked me were:

    Anything is patentable or at least submittable as a patent. Depending on how you word it even if there may be some issues with prior art, if you describe even a business process, then tat can be patented.

    You don't actually need finished product to patent it. You can describe how the code might work. You don't actually need working code to patent what the code does.

    This goes to the heart of why this is such a hot topic now. You get a bunch of smart people to describe some of the ideas and solutions they've come up with over the years and patent them. Then you get a bunch of sharp people to scour the landscape and identify something that knowingly or unknowingly uses substantial aspects of your patent. Lastly you go to them with your hand out requesting royalties.
  • Anybody who has used a CASE system before, can tell you that updating all of your files to the current status is nothing new. CASE has been around (at least in concept) for a very long time.

    Even Microsoft can, since they use one...
  • Okay.. then the question remains..

    Who will get the patent AFTER the breakup.

    Micros~1
    or
    Micros~2

    ?
  • I've been reading through all the messages and one thing confused me after checking the length a pattent is good for. Now I would think the people in the pattent office lack any real great intellegence when it comes to computers, just look at all the pattents they pass through. But realisticly, what good is a computer pattent 20 years from now? If the pattent is inteded to help a company make some $$ off their invention before its mass produced by everyone, then a computer related pattent is basicly getting a monopoly on that concept.

    I would think 2 years is long time in terms of computer development.

    Basicly if this pattent were to hold then M$ would have exclusives on remote/automated updating for 20 years?

    I feel there is a serious flaw in this system.
  • There are, as I see it, two kinds of defensive patents. The more benign use is to prevent someone else from trying to patent the same thing. The nice thing about having a patent in that regard is that demonstrating prior art is very simple. Of course, filing that as a statutory patent is the most benign of all. Without that, though, you have to demonstrate a lot more: literature searches and all that. The patent office would be hard pressed to ignore a patent that it itself granted earlier.

    The second use is basically "I won't stop anyone from doing this, unless they try to stop me from doing something else." Someone goes after you for infringing their patent? Fine -- but gee whiz, doesn't your frobnitz infringe mine too? Uh, gee, there's no sense in getting all tied up in court. We're even. Without that patent, there's not a whole lot of defense. Of course, since a patent is a patent, it can "mutate" into something less benign when management gets other ideas.

    Then there's what Amazon tried to claim as "defensive" -- they're a small, weak company, and they need something to hold the big guys at bay. Somehow, that doesn't strike me as very defensive.

    Truth be told, I haven't heard a lot about Microsoft going after other companies on patent violations. Maybe they have and I haven't heard about it, but they do generally seem more inclined to compete in the marketplace (even if it's a marketplace that they've rigged) than to play legal games.
  • by ahg ( 134088 ) on Friday May 05, 2000 @09:38AM (#1089858)
    Redmond WA. Microsmut announced today that have received a patent on a new technology known as "ZeroClick" for previewing e-mails and all executable attachments within, without requiring the user to actually do anything to open them. A Microsmut spokesperson said "This will help us serve our customers better enabling us to e-mail them software updates without any need for their intervention."

    They further said that they will aggressively enforce this patent securing their competitve edge over Linux and other competing operating system that will not be able to provide similiar functionality. CEO, Billy predicts that this will lure users from the Linux platform who still must suffer with the "TwoClick" method for viewing an attachment.

  • I did a major rewrite, in 1993, of this exact kind of system for Northern Telecom. The Product Portfolio group (the group I was in) did this initially in 1992 or perhaps even 1991. We had a series of Macintosh applications that were front ends to Oracle databases. When you logged in, it would check and see what updates were available and download them (the rewrite I did was to add the functions to selectively download, so people who didn't need to upgrade then didn't have to).

    It was even smart enough to be able to replace the currently-running application cleanly.

    The only distinction is the datestamp and the "registry key" -- not really innovations. We used version numbering (gosh, how standard) and an application code name to determine whether or not an application was current. Even at that time, it was all done over the internet.

    I'd be willing to be a part of any patent challenge on this, as the patent is ridiculous.

    Once again, no more "I" for Microsoft.

    _Deirdre

  • Who cares about updates? Looks like they've got us pretty good.

    http://www.theonion.com/onion3311/microsoftpaten ts.html

  • by Black Parrot ( 19622 ) on Friday May 05, 2000 @10:46AM (#1089878)
    > how innovative this patent proves MS to be.

    With a pace to the astroturfers, we all know how innovative MS is, and the only thing we have to think about is whether to laugh at them or be offended by the bs.

    But it's also interesting to step back from that issue, and examine their overuse of the word. It has apparently become some kind of mantra for them. Want to hype a new product (or a recycled old product)? Describe it as innovative. Want to justify your monopoly? Point out how innovative you are. Need to divert attention from courtroom lies? Hold a press conference on the courthouse steps and say 'innovative' three or four times. Want to divert the rap for features that make security a joke? Point out how innovative they are. Need to shove out some upgradeware to maintain your cash flow? Add some useless frills and call them innovative.

    It seems like MS has somehow gotten stuck on 'innovative' as a magic word that cures all ills.

    When you watch from this viewpoint, it's absolutely hilarious to see Gates make his statements to the press after each latest setback. It's as if he believes in magic, and 'innovative' is the word the realeases the spell. Truly, there's something wrong with that man.

    The other word that they're stuck on is 'active'; they can hardly put out a product anymore without putting 'active' in its name.

    Is this a recognizable symptom of some mental disorder?

    ps - If they were really innovative, they would think of an innovative word to discribe it with now and then.
    --
  • Uh, there's AutoRPM. [kaybee.org] There's also Symantec's LiveUpdate feature. And let's not forget Lotus Notes replication (which does code, not just data, y'all).

    That's off the top of my head. And that's just ones using the public Internet that have UIs that ask users what they want to do. I daresay, this is no different from what most automated file mirroring and ASD (automated software distribution) systems do. Computer Associates, Tivoli and a few other companies I can think of will have something to say about this. A look at the legal status screen makes it appear they already have.
  • These are defensive patents. Because, believe it or not, there are companies worse than Microsoft. There are companies who have produced nothing, yet patent the most mundane obvious thing and sue like hell.

    Maybe they are defensive patents. Maybe they are offensive patents. Only time will tell. Patents are like guns; they can be used to defend or destroy.

    Given Microsoft's track record in general, I think at least some skepticism and even preparation is in order. When a bank robber picks up a handgun, it may just be defensive. But I'm going to run for the nearest cover, and a good cop will level his own piece at the man and tell him to drop it.

    Microsoft doesn't try to win by being the fastest runner. It tries to win by being the last man standing. When it picks up a patent, any patent, I don't expect that it is going to play nice with it.

  • by kaphka ( 50736 ) <1nv7b001@sneakemail.com> on Friday May 05, 2000 @11:56AM (#1089887)
    Win2K is much better when it comes to requiring restarts. I believe I installed all of Office 2000 without a single reboot, although I may be mistaken. Sometimes you can even change video drivers without rebooting. (That actually scared the hell out of me when it happened, it's such a foreign concept in Windows.)

    Of course, there are still a lot of obnoxious installers that force a restart when it isn't necessary. That's partly why MS wants to make installing apps a service of the OS.
  • by Malcontent ( 40834 ) on Friday May 05, 2000 @12:02PM (#1089889)
    Look bub.
    The patent doesn't define what a registry is. Anything can be registry even a text file. If you think the word "registry" protects debian or red hat from a suit you are truly stupid.

    The fact is MS has gotten a patent on a widely used technology. This allows them to sue anybody they don't like. This is not a Good Thing but it is just another "innovation" from MS. If you can't think of something new get a patent on somebody elses idea.
  • Apparently Microsoft also invented sym links too. They have 3 engineers that 3 years ago were working on a solution to replicating files on a file system but saving space too. IE sym links. I think I read this here a while ago. It is so funny how Microsoft "invents" stuff that already exists.

    For those of you who are not familiar UNIX flavors sym links have been around for about as long as unix, and Microsoft just now discoverd there usefullness.

    send flames > /dev/null

  • I think it's clear that Microsoft has been deliberately, willfully engaged in criminal behavior for their entire existence.

    Not punishing them because the acts were performed by a corporation instead of a person is rubbish; they were performed by people, just as much as more horrible crimes in the 1930s and 1940 were performed by German soldiers, not by Germany.

    To not punish Microsoft for it's crimes, based on the idea that they won't commit them any more, would be like not jailing Ted Kaczynski because he hasn't blown anybody up lately.

    The Microsoft executives responsible for this debacle, including Bill Gates and Steve Ballmer, should be jailed for a long time and have all of their personal assets that derive from Microsoft seized and placed up for auction.

    Microsoft itself should be dissolved, all assets sold, and the proceeds divided among everyone who has ever bought or sold a copy of a Microsoft software product.

    The domain "microsoft.com" should be given to the Electronic Frontier Foundation, with them directed to operate a web server at that address with all the relevant court documents displayed there for all time.

    They should be directed to place the source code for all of their products under GPL immediately, and reassign the copyrights to Richard Stallman.

    Oh; and Gates should be delivered to the jail wearing lipstick and a miniskirt.
    --
  • Exactly correct. What it means is that now nobody but Microsoft may use the obvious mechanism for maintaining package information on Windows systems.

    I'm sure there are a multitude of other, equally obvious methods of package management. The MS Patent makes some specific points in its application:

    1) The Windows Registry
    2) A date
    3) A database query
    4) The Internet
    5) A Package Server

    Current PMSes can use some other form of tracking software, not the Windows registry. Similar, but different. A version number is probably prefered over the date for an upgrade. Similar, again. The patent's language pertains to the Internet, but the more general idea of a Network isn't covered by that specific piece.

    How can MS enforce its patent on other ideas that are similar, yet lack the specifics in the text? I don't think they can.
  • by Mr Z ( 6791 )

    As a condition of employment, most companies have their employees sign agreements that they will assign ownership of the patent to the company, in return for "valuable consideration". Here, I get a "bonus" for every patent filed, and an additional "bonus" when the USPTO actually accepts the patent. None of that happens (and my employer doesn't file the patent application) until I sign (in blue ink) the "assignment of invention" form.

    --Joe
    --
  • Does MS have an "ActiveInnovation" yet? Can *I* patent that, or is it the hidden essence behind MS mangement? :)

    bash: ispell: command not found
  • Neat? I wouldn't consider it neat that Microsoft, a monopolistic (YES! I can say that now and be legally accurate!) software company that is known for 'stealing' other's ideas and making them legally their own, has gotten a patent for one of the coolest 'install' procedures in the linux world - a major competetor, of late.

    -------
    CAIMLAS

  • If that is the case, the patent
    office has just granted a duplicate patent with more specific terms.


    It is important not to confuse patentability with infringement. In the scenario of two patents issuing, the first, A, being more general, and the second, later patent B, having all of the elements of A, but with more specific terms, that would not preclude the validity of B.

    Assume the only claim of patent A discloses claim elements A1, A2 and A3, and that the only claim of patent B claims elements A1, A2, A3 and B1. Only the following is clear:

    1) An apparatus practicing B would probably infringe A, since it has all of the claimed elements A1, A2 and A3. (There are some legal doctrines that would preclude infringement, but they would rarely apply).

    2) However, B *is NOT* anticipated by A. While A discloses A1, A2 and A3, it does not have the limitation B. (This would also be true if B claimed A1, A2 and a green A3). If the differences between the more specific limitations satisfy the legal obviousness test of Section 103, B may well be patentable, even though one couldn't build it without infringing A.

    Consider for example, if I had a patent on the chair generally. You might well be able to obtain a patent on a rocking chair (a specific kind of chair), but this would not mean that by obtaining the patent you could build a rocking chair without my consent. (And while I can certainly build rockerless chairs without infringing your patents, I would be precluded from building chairs with rockers!)
  • $100k linux sysadmin job?!?!

    in case you didn't know, sysadmins (in the bay area, at least) are REAL hard to find. good ones, at least.

    at the hourly rate most charge, it puts them in the 100k range, more or less. if you don't mind doing pager duty and also doing NT work (you almost can't get an admin job SOLELY on unix these days), then high salaries are NOT hard to find.

    --

  • by remande ( 31154 ) <remande.bigfoot@com> on Friday May 05, 2000 @04:04PM (#1089920) Homepage
    Microsoft, as far as I know, never sues anyone. (excluding matters of piracy, of course.) Oh, they wage bloody and violent wars in the marketplace, but never have I seen them go to the courts and say, "Stop ABC Widgetsoft from doing that!"

    Stac vs. Microsoft, and then the countersuit Microsoft vs. Stac.

    Stac figured out a way to compress and decompress a FAT filesystem on-the-fly. Thus, you could effectively double your hard drive capacity. They sold this as a DOS utility called Stacker.

    Microsoft put this technology into DOS 6. Unfortunately, they didn't bother to ask Stac permission first. They just stole Stacker and used it. The Stac Vs. Microsoft suit caused them to pull it back out (they eventually built their own disc-compression logic and put that back in).

    Microsoft then proceeded to sue Stac for using "undocumented DOS calls". Never mind that these APIs were documented by third parties and you could go down to your bookstore and get it, and never mind that these were the same calls that make any useful program possible in DOS; Microsoft realized that their legal budget exceeded Stac's grosses and sued their asses for deigning to complain about Microsoft stealing their code.

    I don't trust Microsoft with a plastic spoon, much less a patent. Now you know why.

  • In 10 years nobody will be impressed with perceptual audio coding (which is really only a variant of perceptual video coding [ie. jpeg]). And everybody will be pissed because it's patented.

    Here [xiph.org] is a nonpatented perceptual audio coding system from xiph.org.

  • by Skald ( 140034 ) on Friday May 05, 2000 @07:33PM (#1089932)
    Is there any valid business use for having an email execute itself?

    No, but plenty of reason's I'd love to have it execute the idiot who sent it.

  • > Microsoft has never sued anyone for patent violations, even though it owns thousands of far deadlier patents than this.

    Repeat after me: "GIF compression"

    --
  • I believe I installed all of Office 2000 without a single reboot, although I may be mistaken.

    Oh, so they've made it so hypnotic you can hardly even notice anymore...

    Daniel

"May your future be limited only by your dreams." -- Christa McAuliffe

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