Les brevets sur les logiciels et leur danger pour le shareware

Europe Shareware software patents newsletter #12
5th January 2004

Webpage: http://www.europe-shareware.org/pages/brevets/brevets.fr.html
PDF    : http://www.europe-shareware.org/pages/brevets/newsletter12.us.pdf
Archive: http://www.europe-shareware.org/pages/brevets/newsletter12.us.html


CONTENTS:

1. US Patent Office president resigns

2. Poetry software patented

3. MS asks for royalties on FAT systems

4. MS asks for royalties on ClearType

5. MS patents HyperText Applications (HTA)

6. MS settles with SPX on web conference patent

7. Eolas case: latest news

8. MS wants its own plugin patent

9. Patent on accessing data on a recordable CD

10. Social networking patented

11. Media ads patented

12. SoftWIRE counter attacks National Instruments

13. The Washington Post on software patents

14. The NY Times on patent writing outsourcing

15. Cringely on software patents




----
1. US Patent Office president resigns

James E. Rogan, USPTO president, is said to resign on January 9th.




----
2. Poetry software patented

Patent: US 6,647,395

"Poet personalities"
http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/
srchnum.htm&r=1&f=G&l=50&s1=6,647,395.WKU.&OS=PN/6,647,395&RS=PN/6,647,395

Famous artificial intelligence scientist Ray Kurzweil (author of "The age
of intelligent machines", MIT Press) has been granted a patent on poet
personalities.
This patent covers the work done by a poet software to generate poems.
That is to say:
1. read and analyze many poem texts
2. assign analysis models to a personality
3. randomly generate new poems from the models




----
3. MS asks for royalties on FAT systems

Patent: US 5,579,517
        US 5,745,902
        US 5,758,352
        US 6,286,013

"Common name space for long and short filenames"
http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/
srchnum.htm&r=1&f=G&l=50&s1=5,579,517.WKU.&OS=PN/5,579,517&RS=PN/5,579,517

"Method and system for accessing a file using file names having different
file name formats"
http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/
srchnum.htm&r=1&f=G&l=50&s1=5,745,902.WKU.&OS=PN/5,745,902&RS=PN/5,745,902

"Common name space for long and short filenames"
http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/
srchnum.htm&r=1&f=G&l=50&s1=5,758,352.WKU.&OS=PN/5,758,352&RS=PN/5,758,352

"Method and system for providing a common name space for long and short
file names in an operating system"
http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/
srchnum.htm&r=1&f=G&l=50&s1=6,286,013.WKU.&OS=PN/6,286,013&RS=PN/6,286,013


The FAT file system, used by PCs running Windows, most digital cameras,
audio players and other electronic devices with hard drives can't be used
anymore without paying 0.25 USD per machine to Microsoft.

This is a kind of move already done by the MP3 patent owners a year ago: 
1. give for free your system, file format, etc during a few years so that
software publishers, manufacturers, etc embrace it and make it a de facto
standard.
2. once you are sure the sector players can't cheaply replace your
technology by another, unearth your patents and ask for royalties.



"Microsoft gibt Lizenzgebühren für FAT-Dateisystem bekannt"
http://www.heise.de/newsticker/data/anw-04.12.03-004/

A few quotes:

  « Hersteller bekommen mit der Lizenz die 
    Erlaubnis, Speichermedien wie Flash Memory 
    mit dem Dateisystem zu formatieren und 
    dafür Microsoft-eigene Techniken zu 
    nutzen. Weiter gilt die Lizenz dann 
    entsprechend für Unterhaltungselektronik, 
    die mit FAT arbeitet; das sind laut 
    Microsoft unter anderem Digitalkameras, 
    Videokameras, tragbare Audio- und 
    Videoabspielgeräte, Multifunktionsdrucker 
    und Fernsehgeräte. »

  « Die Lizenz kostet 0,25 US-Dollar pro 
    Einheit bis zu einer maximalen einmaligen 
    Summe von 250.000 US-Dollar je Hersteller »

  « Damit die Interoperabilität von Medien 
    und Geräten mit PCs gewährleistet bleibt, 
    müssen sich die Lizenznehmer an die von 
    Microsoft erarbeiteten Spezifikationen 
    halten. »

  « Heute sei FAT allgegenwärtig auf 
    Speichermedien, Computern und Handhelds. »




----
4. MS asks for royalties on ClearType

Patent: US 6,188,385
        US 6,219,025
        US 6,239,783
        US 6,307,566
        US 6,225,973
        US 6,243,070
        US 6,393,145
        US 6,421,054
        US 6,282,327
        US 6,624,828


Same story as above. This time Microsoft asks for royalties on devices
using the ClearType technic (screens using ClearType to render letters
more sharply).
The royalty per machine you have to pay to Microsoft is :
- 1 USD for a mobile phone / PDA
- 2 USD for a PC
- 3 USD for a Tablet PC


"Microsoft gibt Lizenzgebühren für FAT-Dateisystem bekannt"
http://www.heise.de/newsticker/data/anw-04.12.03-004/




----
5. MS patents HyperText Applications (HTA)

Patent: US 6,662,341

"Method and apparatus for writing a windows application in HTML"
http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/
srchnum.htm&r=1&f=G&l=50&s1=6,662,341.WKU.&OS=PN/6,662,341&RS=PN/6,662,341

Abstract:

  « A method, apparatus, and computer-readable 
    medium for authoring and executing HTML 
    application files is disclosed. An HTML 
    application file is basically a standard 
    HTML file that runs in its own window 
    outside of the browser, and is thus not 
    bound by the security restrictions of 
    the browser. The author of an HTML 
    application file can take advantage of 
    the relaxed security. The author of the 
    HTML application file designates the 
    file as an HTML application file by 
    doing one or more of the following: 
    defining the MIME type as an HTML 
    application MIME type; or using an HTML 
    application file extension for the file. 
    When a browser, such as the Internet 
    Explorer, encounters one of the above, 
    it processes the file as an HTML 
    application file rather than a standard 
    HTML file by creating a main window 
    independent of the browser, and rendering 
    the HTML in the main window. »

Microsoft was granted a patent on HTA, these HTA files are meant for
executing from the desktop for either "Intranet" style web applications
or for utilizing Windows Script Host code locally.
HTA applications are scripted HTML files defining their own title bar,
icons, etc.
It seems that only MS Internet Explorer can handle them. 

Many components and configuration dialogs in the newer Windows OSs are just
HTA files.


Unfortunately it seems that the USPTO didn't do its bad job since another
company claims prior art.

While the MS patent was filed on May 1999, the WPM software was already
shipping since one year (WPM was released in May 1998, according to one
post on  from Jerry Mead on december 9th, 2003).

WPM (now Zeepe, see ) is also a "method and
apparatus for writing a windows application in HTML".




----
6. MS settles with SPX on web conference patent

Patent: US 5,206,934 

http://investors.spx.com/releasedetail.cfm?ReleaseID=125325

According to SPX, Microsoft will pay USD 60 millions to continue the
development of its Netmeeting application.




----
7. Eolas case: latest news

"MICROSOFT: Judge sets ruling in Eolas patent case"
http://www.chicagotribune.com/business/chi-
0312050201dec05,1,6826899.story?coll=chi-business-hed

A federal judge will rule Jan. 6 on Microsoft Corp.'s request to stay a
jury's $520 million award to a Chicago inventor for patent infringement.




----
8. MS wants its own plugin patent

Patent application: 20030226102 

"Displaying plug-in derived content in an application's browser-embedded
window with callbacks"
http://appft1.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=
%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&
f=G&l=50&s1=%2220030226102%22.PGNR.&OS=DN/20030226102&RS=DN/20030226102

While the W3C is working to make the Eolas patent void, helping
Microsoft, Microsoft is filing a patent on the way Internet Explorer will
display plugins in a browser window.




----
9. Patent on accessing data on a recordable CD

Patent: US 5,666,531

"Recordable CDROM accessing system"
http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/
srchnum.htm&r=1&f=G&l=50&s1=5,666,531.WKU.&OS=PN/5,666,531&RS=PN/5,666,531

Optima, a storage company, sues Roxio over infringement of its patent on
access to a recordable CD-ROM. This patent covers software that allows
disparate computing systems to access data stored on a recordable CD.

Optima's patent was infringed in several standards adopted by the Optical
Storage Technology Association (OSTA), which have been incorporated in a
number of CD-ROM hardware and software products, according to Optima's
statement. 

Optima says that it will sue other hardware and software companies.


"Optima verklagt Roxio wegen Patentverletzung"
http://www.heise.de/newsticker/data/anw-16.12.03-009/


"CD-burning software prompts patent suit"
http://news.com.com/2100-1012-5124558.html

A few quotes:

  « "Optima asserts that certain of these 
    industry standards is covered by its 
    patent, and if a company uses those 
    OSTA standard specifications for 
    CD-burning software, then they infringe 
    Optima's patent," »

  « "Optima seeks to enforce its patent and 
    to receive damages from any hardware or 
    software company using their technology, 
    beginning with Roxio...Optima believes 
    most every company in the CD-burner 
    industry may be infringing." »




----
10. Social networking patented

Patent: US 6,175,831

"Method and apparatus for constructing a networking database and system"
http://l2.espacenet.com/espacenet/viewer?PN=US6175831&CY=gb&LG=en&DB=EPD

A small startup, LinkedIn, just bought a patent on social networking. The
claims cover almost any social networking service giving you the ability
to contact your contacts' contacts (Friendster, Monster...).


"Social networking a tech battleground"
http://www.bayarea.com/mld/mercurynews/business/7411025.htm?
template=contentModules/printstory.jsp

A few quotes:

  « If the patent is enforced, Hoffman and 
    ally Mark Pincus ``are going to be richer 
    than Bill Gates in a couple of years,'' 
    said Antony Brydon, chief executive of 
    Visible Path, a competitor. »

  « But if one of the big players eyeing the 
    social networking sector wanted to 
    intrude, the value of the patent in 
    helping fend them off is questionable. It 
    would take years and millions of dollars 
    for a small start-up like LinkedIn to 
    litigate against a big player, according 
    to patent attorneys and others familiar 
    with Internet claims. »

  « Hoffman says the patent does cover most 
    companies in social networking -- they just 
    might not know it. The patent covers all 
    forms of online ``relationship 
    confirmation,'' as pioneered by the early 
    company Six Degrees, he said. »




----
11. Media ads patented

"Unicast asserts new patent covers rich media ads"
http://biz.yahoo.com/rc/031230/media_advertising_unicast_1.html

Unicast was granted a patent on rich media ads that covers almost any ad
combining animated graphics and music (for example all Flash-based ads
are covered).


A few quotes:

  « This past spring, Unicast said it won a 
    new U.S. patent for delivering a wider 
    range of online marketing -- from more 
    sophisticated rich media ads that can 
    combine animated graphics and music to 
    billboard-like banner ads. »

  « The Unicast patent spells out a delivery 
    process which uses an electronic tag in a 
    Web page. That tag signals to an external 
    computer server where to find an 
    advertisement and how to display it. »

  « "I'm kind of surprised they would get a 
    patent that's as broad as that. Calling 
    for something on a central server is the 
    way the Web works," Nail said [Jim Nail, 
    senior analyst at Forrester Research]. »

  « "It represents a great opportunity for 
    (Unicast) but it's definitely a bit of a 
    murky area and one that seems to dampen 
    innovation," said Gary Stein, senior 
    analyst at Jupiter Research. »



----
12. SoftWIRE counter attacks National Instruments

"Federal Judge Allows Softwire-R Patent Infringement Lawsuit Against
National Instruments-Tm"
http://www.news.scotsman.com/latest.cfm?id=2205851

SoftWIRE Technology is counter-suing National Instruments with two
software patents. National Instruments' LabVIEW is said to infringe those
patents, so SoftWIRE is seeking an order prohibiting National Instruments
from continuing to sell its LabVIEW product.




----
13. The Washington Post on software patents

"Patenting Air or Protecting Property?
Information Age Invents a New Problem"
http://www.washingtonpost.com/wp-dyn/articles/A54548-2003Dec10.html

The Washington Post describes the growing software patents problem.


A few quotes:

  « [...] a small California research firm, 
    which early this year began enforcing the 
    eye-opening claim that it owns the 
    patents on how most audio and video is 
    sent over the Internet. »

  « Acacia Research Corp. started by 
    targeting dozens of adult entertainment 
    companies, demanding royalties of as much 
    as 4 percent of their revenue from audio 
    and video streaming. Now the firm is 
    seeking fees from universities that use 
    Web video for remote learning, from 
    companies that serve up movies to hotel 
    rooms, from cable and satellite 
    providers, and from major streaming-media 
    companies such as RealNetworks Inc. and 
    America Online Inc. »

  « "It's pretty much the sky's the limit as 
    to where the impact might fall," said a 
    chagrined John H. Payne, director of 
    educational technologies at the 
    University of Virginia's division of 
    continuing education, which uses online 
    video for lectures and courses. "It's 
    like patenting air." »

  « The Acacia case highlights why a growing 
    chorus of corporate and government 
    officials is warning that the U.S. 
    patent system is broken, threatening to 
    stunt technological innovation. »

  « The potential result: a digital world 
    carved up into so many pieces that it 
    loses its power to easily link people, 
    communities and ideas. »

  « Small firms have an increasingly 
    difficult time breaking through patent 
    "thickets" amassed by large firms. 
    International Business Machines Corp., 
    the world's patent leader, received 
    22,357 from 1993 to 2002 and earned 
    roughly $10 billion in licensing fees 
    from them. »

  « "When you have so many competing 
    property rights, the cost of clearing 
    permissions is very large, and it 
    becomes a greater and greater tax on 
    what people can do," said Tim O'Reilly, 
    whose O'Reilly & Associates Inc. 
    publishes software books. »

  « Bigger companies find themselves prey 
    to clever entrepreneurs like the 
    original owners of Acacia's digital 
    media patents, who skillfully anticipate 
    the direction of certain technologies 
    and then quietly wait for someone else 
    to commercialize a related product. If 
    they guess right, they can demand 
    lucrative licensing fees. »

  « R. Jordan Greenhall, chief executive of 
    streaming media firm DivXNetworks Inc.  
    [...] argues that the philosophy behind 
    patents -- that they provide incentive 
    for innovation by granting a 20-year 
    monopoly to the inventor -- falls apart 
    in the software and Internet arenas. »




----
14. The NY Times on patent writing outsourcing

"In India, a High-Tech Outpost for U.S. Patents"
http://www.nytimes.com/2003/12/15/technology/15innovate.html

NY Times describes the growing tend among multinationals to outsource
their engineers to India or China where the salaries are much lower than
in developed countries.

More and more US Patents are filed by indian engineers.




----
15. Cringely on software patents

"Patently Absurd:
Why Simply Making Spam Illegal Won't Work"
http://www.pbs.org/cringely/pulpit/pulpit20031218.html

A few quotes:

  « Software patents have become inordinately 
    important [...] »

  « I have a friend who works in the highest 
    reaches of a very powerful company that 
    must remain nameless, but rhymes with 
    "Intel." He says that patents are 
    worthless because they can always be worked 
    around. Now for a very big company that 
    rhymes with "Intel" that may well be true. 
    You can reverse engineer, and if that 
    doesn't work, you can always just buy a 
    license. It's the little guys who can't do 
    that.  And in this case that means people 
    like me. »

  « I have a patent [...] and found several 
    more companies making similar devices, 
    none of them protected by patents. 
    Companies were infringing my patent! 
    I'm rich!!! 

    Except I'm not. I called a patent attorney 
    and asked him to take my case. He asked me 
    for a $10,000 retainer. So I called the 
    CEO of the biggest company that I believed 
    to be infringing my patent and asked him 
    if he wanted to buy a license. "No thanks," 
    was his answer.

    What to do? I'm in the right, but I can't 
    afford to press my case. The system is 
    against me. [...]

    My friend at the company that rhymes with 
    "Intel" was right after all. »

 

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