Online Greeting Cards Patented 237
Trailer Trash writes "According to this story at bizreport.com, Hallmark has given in and licensed Tumbleweed Communication Corp's patent for delivery of online documents with e-mail notification. Will the idiots at the patent office never stop? Jeff Smith of Tumbleweed claims to have been granted three patents last year."
So what you mean to say (Score:4, Interesting)
Yup, the whole world has gone insane. I'm going to go cry now.
Re:So what you mean to say (Score:1)
I would think porno sites have prior art here. That's all they do is send out thousands of emails with LINKS back to their stuff.
Of course, what would be funnier is if they claimed prior art, got a patent, and then Hallmark had to pay HUSTLER for the right to send greeting cards via email.
As for the part about wanting to cry...I've been crying for years now.
Re:So what you mean to say (Score:2)
Re:So what you mean to say (Score:3, Interesting)
So, am I infringing if (Score:2)
Our tears will form a river.
And in other news... (Score:1, Funny)
Although, that's not entirely a bad thing...
Prior Art. (Score:2)
If this keeps up, we'll soon see a patent for "facilitating data-entry via an alphanumeric input device"
Re:Prior Art. (Score:1)
Patent law vs. specific cases (Score:2, Insightful)
However, this is NOT what is important!
Somehow slashdot readers like to get worked up about each _specific_ case of stupid patent being granted. However, there is little discussion of the underlying legislation. People like to think that it is all just due to stupidity in the patent office. However, with many "stupid patents" the patent office does exactly what it is supposed to do according to the law, yet the result is just as ridiculous.
Does it really matter whether Tumbleweed actually was the first to document this idea? Would this condition make this patent fare or good for the society?
I think it would be good for all of us to spend less time getting excited about the specific cases and more time looking at this topic in a broader way.
i am batman (Score:1)
reading my post and thinking about it violates some sort of law, i think.
send all settlement checks to me asap. thanks.
--donabal
Re:i am batman (Score:2)
Except you violated copyright by using the word "batman". Universal Studios would now like their check for $4,000,000.
Oh shit, that would be another 4 mil from me, now... bastard!
wut u said? (Score:1)
Re:wut u said? (Score:1)
Campbell has been quoted as not giving a crap, except blasting them for not having any imagination in coming up with original phrases.
Good! (Score:4, Interesting)
Wait A second...... (Score:4, Insightful)
Re:Wait A second...... (Score:1)
bwaahahahah (Score:1)
that's some funny stuff.
Hmmm :-) (Score:1, Funny)
Re:Hmmm :-) (Score:1)
Quick! Send an AynCard now! (Score:2, Troll)
Oh well, I've reached 50 karma. Why stop now?
If they would patent spam (Score:4, Funny)
There are few things I dislike more than having some stupid piece of flash animation sent to me by email, or wore notification of said flash animation.
If this Patent stops webisites from getting my mom to send me anymore dancing hamsters, or singing chiefs I will be only too happy.
Next up I want someone to Patent SPAM
Re:If they would patent spam (Score:2)
The flash and hamsters your mom is sending you aren't an e-card.
Basically I go to a website, pick out a graphic, put a custom message with it somehow, and have an email sent to my friend who clicks on a link to see what graphic and what my specific message was.
Why this merits a patent is a complete fscking mystery.
Re:If they would patent spam (Score:1)
since i'm off topic anyway, it is rather ironic to read Hormel Foods' position statement [spam.com] on the practice of spamming.
Re:If they would patent spam (Score:5, Funny)
Of course I don't mind Patent 5965809, "Method of bra size determination by direct measurement of the breast". I'm sure a lot of guys are trying to infringe on this one :)
Re:If they would patent spam (Score:2)
Excellent! (Score:1)
Karma Whoring for Jesus (Score:2)
According to Tumbleweed's press release [tumbleweed.com], the patent in question concerns "Private URLs for Directed Document Delivery", which sounds pretty damn elementary. It's not like no one could have possibly come up with the idea of private, dynamically generated URL's for document retrieval. In fact, given the way that the use of URL's is, well, intrinsic to the way the web works, who wouldn't do this if it was unsatisfactory to send the whole shmear over email, as is obviously the case if the html content you want to send involves custom rendered gif's and the like.
article text (Score:2)
Hallmark Cards settled a lawsuit filed against it by Tumbleweed Communications Corp., agreeing to license Tumbleweed's patented technology for delivering greeting cards online.
Neither company made financial terms of the settlement available, and both Hallmark and Tumbleweed officials were unavailable for comment.
^M According to a statement issued by Tumbleweed, Hallmark will use the technology for all Hallmark.com online offerings that "provide for or facilitate document delivery over the Internet, and those that include the provision for sending an e-mail delivery notification to the recipient." ^M Tumbleweed Chairman and CEO Jeff Smith in the statement said it is the third patent for the technology issued this year. ^M P One of the other patents was secured in a similar settlement with American Greetings Corp.Yes, it's an ugly display.
Other good things to patent (Score:1)
Communication with other people via the Net.
Distribution of information via the Net.
Puchasing of objects via the Net.
Getting off via the Net.
Re:Other good things to patent (Score:1)
Re:Other good things to patent (Score:1)
WTF? (Score:3, Redundant)
Provide document delivery over the 'net- like email?
provision for sending e-mail delivery notification to the recipient- like "return recipts"?
Once again, it looks like patents are getting way, way too broad. Soon the patenet office is going to accidentally give a patent to someone for urls (oh wait, isn't a British company working on this one?), pausing TV (oh wait, isn't Tivo {or someone else} claiming this one?), or even a single click technology (the famous Amazon debacle). Maybe someone can try and patent the "right click" or contextual menus.
Seriously, the whole thing is really getting way out of whack! I wonder if Chesebrough-Ponds has patented the "single stick ear cleaning device"? (Q-tips)
Time to go get a drink, me thinks....
Re:WTF? (Score:3, Insightful)
You also have plenty of similar problems with "biotechnology" patents. When the concept of patenting was invented the issue of patent applicability to self replicating "invention" wouldn't have come up.
Fix the unworkable or unenforceable portions of IP law to become realistically applicable in a digital world, or watch the whole regime collapse in flames.
Remember that, at least in the US, patents are intended as a means to an end, rather than an end in themselves.
That is the choice facing intellectual property-based corporations and organizations
Similar choices face governments. At least their legislative and judicial arms.
The irony is that most of the problems appear to stem from attemption to extend IP laws in areas they probably shouldn't have been extended into in the first place. e.g. patents into genetics, software and business methods, copyright into "useright", etc, etc.
Does this mean (Score:2)
God I hope so! This patent may not be all bad!
-Pete
Conflicts? (Score:1)
OH YEAH!? (Score:5, Funny)
If you are now desensitized to all meaning of that word you know how I feel after all those damn patending decisions. When will the madness end?
And not to be a flame, but is it really that important? What exactly is the real implications of this besides the obvious??
I wonder if I could patent... (Score:2, Funny)
US Patent Office, here I come!(Next on my list: convince a venture capitalist that my pet rat qualifies as a proof-concept model...)
Enough with the dumb patents already (Score:2)
-Pete
Patents in Question (Score:2, Informative)
Electronic document delivery system in which notification of said electronic document is sent to a recipient thereof [uspto.gov]
and
Private, trackable URLs fordirected document delivery [uspto.gov]
As A Greeting Card Artisan ... (Score:2, Funny)
I thought of this in a drunken stupor in a hot tub (Score:1)
Wow... (Score:2)
Wonder who will patent the patenting process?
Matt
here's what to do. (Score:5, Funny)
I
protect myself from this slimy patent system we
have, and slimier patent applicants.
I suggest everyone else do the same. Document
everything you think, whether it seems significant
or not. Document the way you wipe your ass; the
way you lift food to your mouth; the way you pick
your nose. Document the method of transferring
thought to a transportable medium.
Fuck! I'm sick of the software
Re:here's what to do. (Score:1)
-
I've got a postcard for them... (Score:2)
www.fuckaway.com
MadCow.
Well, it *could* get more vague. (Score:1)
That's right, I have patented letter-writing, faxing, email, telephone conversations, chat rooms and telegrams, among others.
In other news, the patent stupidity train keeps a rollin'.
Ask and ye shall receive (Score:5, Interesting)
The company I helped found in 1995 started doing this in December 1995, with a launch in February 1996. It was an internet greeting card site, and included such AMAZING features as e-mail notification of a new card to a recipient, and an e-mail to the sender when the card was viewed. The Internet Archive has an archive of the page as it was in December 1996 at:
http://web.archive.org/web/19961226182315/http://w ww.cardclub.com/ [archive.org]
Anyway, if anyone is challenged by this in court, let me know. I'm sure I can dig out all sorts of documentation that predates the filing dates of the patents in question.
Sweet! (Score:2)
So, what are you going to do with all of the money you get from licensing fees? ;-)
Hey I never thought of that. (Score:3, Interesting)
Re:Hey I never thought of that. (Score:2)
IIRC it's not that easy to have a patent invalidated on this basis. Quite possibly more expensive and time consuming than getting a patent. Since patents only appear challengable by court action
Can the parties who demonstrated prior art file a patent? Or does the fact that they didn't file a patent invalidate any claim they have on the invention.
Another question would be if a patent invalidation always becomes part of the "prior art" the patent office actually bothers to check.
Please go to BountyQuest (Score:4, Informative)
I think I have been infringing on this patent myself since 1995 :-), as I started telling my friends at that time: "don't send me heavy documents in the e-mail, dump it on the web with my name on, and send me the URL". This patent quite simply covers things that the web was specifically made for. But that isn't publicly available information so...
Make sure you to go to BountyQuest [bountyquest.com] every now and than to check if a bounty is posted, so that these patents can be killed once and for all.
Hm, come to think of it, there should be a similar site that organizes prior art claims and challenge patents on the basis of it... Anybody know about anything like that?
Re:Ask and ye shall receive (Score:2)
Hello, McFly? F*cking Hallmark has been in court over this issue for some time now, and we are reading this article because they settled the case to avoid further legal entanglement. Maybe you should contact them, I bet their lawyers would be appreciative-- if indeed what you've done qualifies as prior art and you can prove it. Not only that, it might invalidate one or more stupid patents.
I can patent my work now! (Score:2, Interesting)
Over the past two years, I've been working on a distributed system where an operator in Wash, DC scans 250+ pages a day and is turned into PDF, OCRd, indexed, and then distributed via the web. We're up to 9GB of data and a few mil in annual revenues. There's gotta be a patent in there somewhere if these idiots can patent this stuff. Or at least prior art!
Re:I can patent my work now! (Score:1)
Re:I can patent my work now! (Score:2)
The problem is that it is prohibitively expensive for any small guy.
Software patents would have been OK if anybody with a good idea could afford to patent it (say, it costed $100), the time it took to have it evaluated was one week, and the patent expired after one month.
That is what it would take for patents to not slow down tech development.
However, making the patent process this fast and cheap is (I presume) not possible, and that is why software patents must be dropped alltogether.
PURLs, am I gonna be sued? (Score:2)
"Each private URL ("PURL") uniquely identifies an intended recipient of a document..."
Now, why on earth didn't the acronym "PURL" catch on? The world will never know.
Re:PURLs, am I gonna be sued? (Score:1)
You realize they've patented web-bugs as used by spammers !!! Should we report to them every web-bug embedded in spam that we get ? This would be one of those legal battles that I hope both sides lose.
Re:PURLs, am I gonna be sued? (Score:2)
Why not the simple Hypertext URL?
Link slashdotted, try this... (Score:2, Informative)
Same as a regular passworded site? (Score:3, Interesting)
Say you go to a site and create an account (the details of which are emailled to you)
That then means that the url:
http://username:password@website.com
has been created for you!
Bizreport isn't responding for me so i am just assuming that the description of the patent posted by other users is valid.
What about this patent? (Score:1)
Email not for complex documents? (Score:2, Insightful)
But what about HTML embedded in email? For instance what you get with CNETs and Discovery channel's mailings. Those typically contain graphics, tables, etc. And what about attachments?
Re:Email not for complex documents? (Score:2)
I know I started to tell people about this in early 1995, it is the most obvious use of the web I can think of. It's quite simply how the web is used by those who know how to use it.
Stupid Patent Jokes (Score:1)
READ THE DAMN PATENT FOOLS (Score:3, Insightful)
Now that you've thrown your reflexive anti-patent knee out of joint, try getting upset about something important for a change.
Re:READ THE DAMN PATENT FOOLS (Score:5, Funny)
Now, this is a significant innovation. I was sitting awake in bed all night worrying about a man-in-the-middle greeting card attack:
Re:READ THE DAMN PATENT FOOLS (Score:3, Funny)
* Now, this is a significant innovation. I was sitting awake in bed all night worrying about a man-in-the-middle greeting card attack:
* Alice chooses a Hallmark condolence card, and emails it to Bob on an unsecure link.
* Mallory intercepts the condolence card message and substitutes a novelty insult card. Mallory forwards the message to Bob.
* Bob receives the card, and is tricked into believing that Alice is an insensitive bitch.
* Alice denies sending the card, but Bob doesn't believe her. Their friendship is never quite the same after this.
With a secure greeting card, this could never happen!
This is a non-issue, because bob wouldn't actually *read* the card...
* Bob check mail
* Bob gets message with subject "Alice has sent you an electric greeting card"
* Bob groans.
* Bob knows he can't get away with not clicking on the enclosed link, because the card web site notifies the sender when the card was "read". That's why Mallory is still pissed at him.
* Bob opens message, clicks on enclosed link.
* Bob's browser opens in new window. He is forced, under great pain, to wait while a page with an animated gif of some sort draws on the screen. As soon as the midi file starts playing, he knows the page is fully loaded and Alice gets the notification that he read the message.
* Bob closes browser window on second note of midi file. Card goes unread.
* Bob hit reply to sender in email. Composes some hack response like, "I just read the card you sent me. Thank you so much for brightening my day. You are so sweet!"
* Bob sends reply.
* Bob deletes original message.
The above series of events can happen in less than 30 seconds. Honest.
Lastly,
* Alice gets warm fuzzy feeling.
* Bob gets laid.
Re:READ THE DAMN PATENT FOOLS (Score:1)
Tell me where you see anything about making it SECURE...
Re:READ THE DAMN PATENT FOOLS (Score:3, Interesting)
A document delivery architecture dynamically generates a private Uniform Resource Locator (URL) to distribute information. Each private URL ("PURL") uniquely identifies an intended recipient of a document, the document or set of documents to be delivered, and (optionally) other parameters specific to the delivery process. The intended recipient of a document uses the PURL to retrieve the document. The server, upon retrieval of the document, customizes the behavior of the retrieval based upon attributes included in the PURL, as well as log information associated with the retrieval in a data base. This architecture and usage of PURLs enables secure document delivery and tracking of document receipt.
Looks almost verbatim to our design docs!
Re:READ THE DAMN PATENT FOOLS (Score:2)
Prior art? (Score:2)
Apple icards [mac.com]?
GAH (Score:1)
prior-art (Score:2, Informative)
I am a genius inventor (Score:1)
Not just cards... (Score:1)
Subject: [Slashdot] Moderation of "Not just cards..."
A user has given an "Offtopic" (-1) moderation to your comment.
Not just cards... http://slashdot.org/comments.pl?sid=0xdeadbeef
Surely that counts as an 'online document' and 'email notification'...
*forwards message to Tumbleweed*
From now on people will have to *pay* to mod me down! My karma is unstoppable! Except for the cap...
The patent claim is frightening... (Score:3, Informative)
I'll be rich! (Score:1)
Give a man a fish and he eats for one day. Teach him how to fish, and though he'll eat for a lifetime, he'll call you a miser for not giving him your fish.
Good god... regular email is prior art for this (Score:1)
Let's see here... we're sending documents to people over a computer network using a store and forward protocol. SMTP, anyone? WTF?
SMTP + POP3 covers this in spades.
When is the patent office going to realize that this is getting WAAAAAAAAY out of control?
-nate
From the Patent office site... (Score:3, Interesting)
Egad! Sounds like a glorified e-mail system! With attachments! And distribution lists! What a novel concept! But wait...It's not even attaching the document in question??? It's merely sending a link to a site where the file is located! Well,I don't know about you guys, but I was sending hyperlinks via e-mail prior to the patent filing date. Either I get to patent the wheel, or this is a non-starter. Somebody in the patent office needs a few whacks with the stupid stick... And don't even THINK about trying to collect royalties on this one.
Re:From the Patent office site... (Score:2)
Ample "prior art" in the "smail mail" world. e.g. someone tries to deliver you a package, it either requires a signature/payment or cannot be delivered in the usual manner (e.g. won't physically fit). Instead they deliver a card, you take the card, go to their depot, someone there uses identifying info on the card to retrive your package...
This is all done by humans, but the actual method isn't that different. The whole thing comes back to the concept of using a new tool in an old way. Using email and HTTP to do what postal and courier companies have been doing for centuries is hardly "Innovation".
What about right to link? (Score:2, Interesting)
will slashdot license this? (Score:2)
In that case, I would receive email notification that there is a new document (new version of the web page) available for me.
That sounds a bit like an infringement on the patent to me. In fact this technique os rather widely used.
Why? (Score:1)
If you have a look at the this link [archive.org]:
Bluemountain.com already had this in place back 12/1998! How did they ever get the patient application approved?
Links and More Info on Patents (Score:3, Informative)
Anyway, here is what TumbleWeed has to say:
http://www.tumbleweed.com/en/company/news_event
The first patent was registered in October of 96 and was granted in August of 98. The title: Electronic document delivery system in which notification of said electronic document is sent to a recipient thereof. The link:
http://patft.uspto.gov/netacgi/nph-Parser?Sect1
The second patent was applied for in April of 97 and granted in February of 2001. The title is: Private, trackable URLs for directed document delivery
The URL is: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=P
Prior art exists for both of these. Thanks you wayback machine! Link from earlier post:
http://web.archive.org/web/19961226182315/http:
Patents (Score:1, Funny)
Slashdot Advocacy (Score:1)
Its been suggested before, but i still havent seen much action from anyone on the idea of a Slashdot - or slashdot related - Advocacy Project (org/fund/website). What kind of hybrid creature that might be could be born of the wonder of the slashdot threaded discussion process, but essentially the best ideas that ive heard so far would involve making the connection between comments here on slashdot and useful recipients of those suggestions, like elected officials (or those seeking election) and company executives, etc., along with drawing in donations through pay pal and other means for a fund to support legal action and education and research and such (like what the EFF and the Samuelson Law, Technology and Public Policy Clinic are doing).
Hell, at the very least it could be a form of a distribution network for those kind of funds - raising donations for projets that users mod up in importance and comment on and help coordinate - with the redistributing of those funds to the most effective and support needing of those working on projects (like the eff with the adobe/sklyarov situation).
Yeah i know theres the EFF and the ACLU and a bunch of other undersupported, overworked, undercoordinated organizations but do we seriously think that adding our support would do anything other than help.
Id personally think that a major focus should be to bring programming, web design, networking and other skills to help out EFF and all the state and local chapters of the ACLU and others by the ton...
Projects need IT support. Slashdot is the feeding trough the tech junkie world comes to for news and such. What better fit could there be... and how hard could it possibly be for a few dozen or more people to start passing emails between each other, maybe start up mailing lists, email and bring in big name types like Lawrence Lessig and Pamela Samuelson and all the others that anyone on
Prior Art is NOT Needed (Score:2, Informative)
This patent fails the test... as do most patents like it.
The patent office is clearly violating the public trust by awarding patents for "inventions" which which are clearly obvious "to one of ordinary skill in the art."
Stupid 'get rich quick' delusionaries (Score:2)
Patents don't have to be this way. Sure, if an individual or company puts a significant amount of time and money into developing a sophisticated physical design, they ought to be compensated for a *short* amount of time. What we need is massive patent reform.
Just the facts ma'am... (Score:5, Informative)
So, let's look at the broadest claim of the newest patent:
1. A document delivery system for delivering one or more documents between a sender and at least one recipient, said system comprising:
a server that temporarily stores said documents, wherein said server generates a URL for each intended recipient of said documents, the URL unique to each recipient, and sends each of the URLs to each respective intended recipient; and
a database which is associated with said server and which records log data describing which recipients accessed said documents;
wherein said server sends the log data to the sender of said documents.
What are the simple limitations in this claim that make it narrow enough to be uninteresting. Well, let's see:
1. The server must store "each of the documents" temporarily. So, dynamic URLs are pretty much out.
2. Log data must be "sent to the sender." This means that if you require the sender to log back on to your side (the traditional way of doing this) instead of sending them the log, you do not infringe this claim.
What do you want to bet that none of the prior art (from BlueMountain to standard email) meet all of these criteria? And this doesn't even take into consideration the fact that likely those limitations were discussed during the prosecution of the patent. If you really want to analyze the scope of the claims -- if for example you want to invalidate the patent -- order a copy of the file wrapper [delphion.com] from the patent office, which includes every scrap of communication between the PTO and the company. Once you've reviewed that, we can get a real discussion going.
If you actually look at the patents [uspto.gov], and in particular 6,192,407 [uspto.gov], you will find that they cited a huge number of references, including most of the references that you have discussed. This strongly implies that the patent office actually took a look at this patent, before allowing it. Now, whether patents should be permitted at all or not is a different discussion. But assuming that no prior art technology, articles, or patents were referenced is rather silly, when the patent is available for review.
I will agree that this claim is too broad in my (not-a-legal) opinion. However, it is not nearly as broad as /. seems to imply.
So... for future reference, read the bloody patent claims (not just the abstract) before starting to bitch.
Thank you,
Thalia
Wrote such a system in '95 (Score:2)
We wrote a system that emailed the user both a summary of the results and a unique link to the stored results. This was done because the analysis was too computing intensive to do in real time and we couldn't hold the browser connection open for more than a minute or two...
We did both of the things that are in the claim, and a couple of things that aren't. Anonymous logins to websites, which are similar to anon. logins for FTP sites, and we generated, on the fly, a unique piece of software to compute the dataset (which saved the results in a temp. dir).
So, BTDT and I can prove it. If anyone cares, they can find me at the URL in the
Re:Wrote such a system in '95 (Score:2, Insightful)
There is an urban legend that big pharma regularly publishes relevant info in low-circulation magazines like Pig Breeders Monthly (Chinese Edition), in order to avoid going public via the patent process, but providing prior art to prevent their competitors filing patents.
In this instance, the mechanism underlying the method is glaringly obvious to anyone who looks at it - every step of the process except unique id generation and fetching of information associated with that id are seen by, and often enacted by, the user (no need to reverse engineer algorithms etc). The very existence of such a system in use by people in more than one organisation, as the guy above described, seems likely to constitute prior art.
'course, IANAL.
Re:Just the facts ma'am... (Score:3, Interesting)
We were screwed, and had to change our design. I hate these assholes.
Re:Just the facts ma'am... (Score:2)
gonna beat the system (Score:2)
The way the patent office is going about it, no one will even blink twice and I'll have a monopoly!
I'll never lose another argument again!
The only thing left is for someone to patent continuation of the species via sex and/or artificial insemination!
Repeat story (kinda) (Score:2)
A proposal (Score:2)
Secondly, every time a patent gets overturned in court the patent examiner responsible gets docked pay.
While we're at it, I think everyone in congress and the senate deserve pay raises too.
Every time a law is declared unconstitutional dock every one that voted for it. (I'd really rather toss them in jail for a while, but somehow I don't think that'll fly.)
-
USPO (Score:2)
Will the idiots who don't understand the USPO responsibilities every shut the hell up?
We had to deal with Tumbleweed (Score:2)
The patent in question seems to be the same one mentioned in this article. It's one of their older patents, at least two years old I think.
Re:Dammit SLashdotted again (Score:1)
You're new here, aren't you?
Next time you do a Google search, try reading the entire text of any of the search results. You'll have "mad-uberGoogle skillz" in no time.
And another thing: try to think of something more orginal to say than "Slashdot should cache webpages [slashdot.org]". And keep in mind that while "I can't parse text for the word 'cached' even when it's highlighted and underlined" is a fairly unique statement, it probably won't get the editors here to take your complaints seriously. Not that they're going to anyway, but at least you won't look like such an idiot.
Re:What we really need to do ... (Score:2)
Even if they do does that mean that the judge won't be just as easy to fool as a patent examiner. Especially if cases where one party is much richer (and with better lawyers) than the other. Extreme senario large corporate vs individual LIP...
The reasons they are absurd include that they are "obvious", but only to someone skilled in the appropriate area or that they are old ideas reimplemented, but it needs someone to be able to see through the jargon and technobabble.