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Welcome to IP-WARS.NETIP-Wars is a rallying point for everyone engaged in various battles involving intellectual property. IP-Wars is setup so that YOU decide what articles appear. You are invited to join by creating a new account so you can help in the IP Wars! News from the Field![]() ~ High oil prices spur demand for low energy electronics ~ Court order on YouTube user data fans privacy fears ~ LG Display Q2 seen surging but LCD outlook dimmer ~ Game makers eye young girls with "Boogie SuperStar" ~ Just how many "brains" does a PC need? ~ Ask.com closes acquisition of Dictionary.com ~ Mozilla claims Guinness Record for downloads EFF.org Updates ~ Viacom's Statement on YouTube User Data Controversy ~ Court Rejects Attempt to Expand the DMCA ~ minilinks for 2008-07-02 ~ Cartoon: The Return of Snuggly, the Security Bear ~ What The New NSA Spying Decision Means for the Immunity Debate ~ Legal Filesharing on Campus? ~ Senator Hatch and Tinfoil Hats Groklaw ~ OOXML News From Denmark ~ SCO's Memo in Support of its 54(b) Motion - as text - and Proposed Jury Instructions ~ France and OOXML: Majority Voted No with Comments in PreVote, But... Consensus Outcome Unknown ~ Sweden's SIS Declares OOXML Vote Invalid - Will Change Vote from Yes to Abstain ~ Norway and OOXML ~ SCO Asks Judge Kimball for an Entry of Final Judgment So It Can Appeal Some Issues Immediately - Upd ~ Hearing on Motions in Limine Changed to Sept. 11th in SCO v Novell InformationWeek News ~ Ultra Mobile PC Buyer's Guide ~ Apple Drops Price Of MacBook Air ~ Google Employees Warned Of Data Breach At Benefits Company ~ 'Containers' Out Perform Virtualization For KV Pharmaceuticals ~ Mobile Music A $7.3 Billion Industry By 2011 ~ IBM Develops Audio Masking Technology To Protect Call Center Recordings ~ IBM Back On Top Of Server Market Linux and Open Source - RSS Feeds ~ Nokia-Symbian Pressures Apple, Microsoft, RIM ~ Microsoft and Its Open-Source Gambit ~ Red Hat Settles 2 Patent Suits ~ Coverity Sees Open-Source Improvements ~ Ubuntu Works for Small Businesses ![]() ~ Boiling Down Books, Algorithmically ~ First Commodore 64 LAN Party ~ Best DNS Naming Scheme For Small/Medium Businesses? ~ LegalTorrents Offers CC Works Via BitTorrent ~ Keeping an Eye Out When Sites Go Down ~ 550 Metric Tons of Uranium Removed From Iraq ~ Congress Tries To Strip Power From Anti-Wiretap Judge ![]() ~ Europe drafts law to disconnect suspected filesharers ~ Indies celebrate Independence Day ~ 2010: the 5TB 3.5in HDD cometh ~ PC World pips Asus to UK Atom sub-laptop premier ~ DARPA calls for 'DUDE' combo infra-nightscope ~ Welcome back, WiReD! ~ Apple drags its heels on iPhone security patches |
Important Site InformationPLEASE NOTE - Anonymous posting temporarily disabled due to the spambot attack. It will be turned back on as soon as I can block this current wave of spambots. Sorry. Did you know this site's content is primarily - YOURS? Yes, the site owner occasionally contributes an article (in between playing around with the Scoop stuff). But mostly, it is up to you our readers and members to write the articles about IP that you want others to know about. IP ArticlesBy JCausey, Section IP Articles
Ran across this excellent article(Apple's Copy Protection Isn't Just Bad For Consumers, It's Bad For Business - interesting that the print edition uses "DRM" instead of "Apple's Copy Protection") in the latest InformationWeek that I received today. Cory Doctorow does, imho, a great job of explaining some of the issues and problems with DRM, especially the way iTunes implements it.
I found it particularly interesting as my wife and I have debates about our music collections - she uses iTunes with an iPod and I have my whole collection in ogg format and have a nice little Samsung mp3 player. Everytime I have to lend her some support (which mainly consists of updating either the iPod or iTunes every single time it is hooked up to the PC) I'm always grumbling and she is always asking why. Things got particularly funny the last time as iTunes would not let me transfer a song she had purchased to the iPod because the iPod needed an update. When I tried to do that, it wanted the PC to reboot (huh???). Upon doing that, I could not get the PC to reboot - just got to the XP splashscreen with the green progress bar. I finally figured out how to use the restore utility from Safe mode to get the blasted thing running again and I have not retried it since. So much for the whole "it just runs" concept of Windows. In an interesting side note, over the past couple days I've been getting my PC and laptop up to speed after some updates. I happened to find this awesome article on making SuSE 10.1 the perfect desktop. Following those directions, I was watching DVD's using VLC in no time. I was not so lucky with XP Pro on my laptop. As I discovered, even though Windows is supposed to be such a great multimedia system out of the box, it will not play a DVD (at least not a commercial DVD). No, you have to install a DVD decoder and unless you hunt like I did, they all cost $$$. And here I was under the impression that such functionality was a native part of Windows.
Thanks for reading, (6 comments) Comments >> By JCausey, Section IP Articles
Find some prior art for this doozy. Ran across this article from the InformationWeek newsfeed - U.S. Grants Patent For Broad Range Of Internet Rich Applications - about a patent that has been awarded that would appear to cover every "rich media" application delivered via the Internet. According to the article this would include:
Flash, Flex, Java, Ajax, and XAML, when the rich-media application is accessed on any device over the InternetIf you look up the patent, #7,000,180 (aka the 180 patent), you'll see that it was originally filed in February 2001, though it makes reference to some patent applications filed in 2000, which it includes by reference. Now, I'm no guru on the timeline of the development of rich media being delivered over the web, but I'll bet there were plenty of implementations of it prior to that which would constitute prior art. And by 2000, it would seem that such was also obvious. According to the "inventor", Balthaser says he began to develop rich-media application processes while developing Websites for large corporate clients in the late 1990s using Macromedia Flash 3.According to Wikipedia, Macromedia's Flash has been around since 1996 (and was preceded by the product Macromedia bought and developed into Flash before that), well before the patent application. It would seem pretty obvious then that since at least 1996, folks were developing Flash files and apps and putting them on their websites. Following a link from there to Rich Internet Applications, there is some history: The term "Rich Internet Application" was introduced in a Macromedia whitepaper in March 2002, though the concept had been around for a number of years before that under different names such as:The "inventor" says he is ready to defend the patent, though he really wants to sell it and let someone else be responsible for enforcing it. Will anyone bite? Or do others see that it would eventually be overturned and any investment would be a waste?
Thanks for reading, (7 comments) Comments >> By JCausey, Section IP Articles
I received my copy of CIO Insight last week and found a couple interesting articles therein. First up is a piece by Dan Gillmor titled Conversation Starter (unfortunately, not yet available on-line). The sub-title indicates it is about unstructured data and its importance to companies. However, it focuses mainly on blogs. One thing he does in the article is expand the meaning of blog to stand for any "edge-in media forms" like discussion boards, wikis, podcasts, "mash-ups", and RSS. This because his piece is centered on the concept of "Markets are conversations." (from the Cluetrain Manifesto). So not only do all these different tools allow for these conversations, they are also producing lots of information.
There is a section in the article about corporate blogging/bloggers in which Gillmor really takes Lyons' recent piece (Attack of the Blogs - you could possibly access it here if you were willing to pay, but I wouldn't recommend it. Forbes' decision to keep the article under lock and key only puts them at a significant disadvantage.) to task: Giving up a certain amount of control raises many issues, including legal ones. A recent cover story in Forbes - fear-mongering about how wicked bloggers can wreck corporate reputations - raised a few fair points, but then drowned them in melodrama and wrongheaded advice. Should companies respond to what others say about them online, especially in blogs? Lies should certainly be countered with the truth. But honorable critics and observers want to get things right. Engagement and respect go further than brandishing legal threats (one of Forbes' uglier suggestions. Companies that engage in discussions outside of their own marketing machines, even when the discussion makes insiders uncomfortable, are only adding to their credibility.Reading Gillmor's descriptions of the Forbes piece just brought a chuckle to me. In the same issue of CIO Insight, there is an article Trolling for Dollars that I thought was a nice summary of the problem with software and business process patents. Every time I read an article like this one, I don't know whether I should cry over the stupidity of people in the world or get angry about it. As Forrest Gump said, maybe "a little bit of both." One example was a patent just awarded to Amazon.com(and I buy a lot of books from Amazon, always liked them, but more and more I find myself po'ed at them over stuff like this) covering its method for "encouraging users to write reviews of products they've bought." Hmmm - I could swear I've run across a store or two in my lifetime that had some letter they received from a customer pasted to the wall for others to read. And there is always the old adage about pleasing the customer, lest they tell 10 people about their bad experience (implying they are sharing their "review" of what they bought). I'm just really confused as to how it is that "common sense prior art" does not seem to exist within the halls of the USPTO. Anyway, I would highly recommend the article to our readers. Finally, Happy New Year to everyone!
Thanks for reading, (9 comments) Comments >> By JCausey, Section IP Articles
Earlier today I ran across the news feed from Slashdot indicating the FSF had released the "process definition" outlining how they plan to receive and process comments regarding the GPL version 3 that is being worked on. They have setup a site specifically for the project (if you are lucky, you'll get one of the splash pages with Stallman's picture!). You can sign up for their mailing list if you want. They have made the Process Definition document available in pdf format. I've converted it below to text format. Of particular note are plans to present the first draft of the GPLv3 in mid-January 2006. The schedule calls for the second draft to be ready by June 2006 and it could be the "last call" version (see below for what that is). It was unclear to me from the document as to whether the authors of comments/input/etc. will be publicly identified. They probably will be, though I was wondering if they are/were planning some type of global Delphi method to process input.
(9 comments, 4376 words in story) Full Story By JCausey, Section IP Articles
A couple weeks ago news broke about a company in Charlotte, North Carolina - Scientigo - who was planning to enforce patents that they claim gives them rights to XML. Once again, we have an example of how poorly patents on software and business methods serve the public good they(patents) were supposed to be granted for. The fact that this company is trying this tact should come as no surprise though. Some have suggested Scientigo has looked to the SCO v. IBM case as a "model" for how to sow FUD and slow down a market in which a company is about to become extinct. However, it could easily be the other way around. As you will see, Scientigo CEO Doyal Bryant has been involved with similar schemes in the past and the "team" he has put together appears to have no qualms about software patents.
(11 comments, 1394 words in story) Full Story By JCausey, Section IP Articles
By "this", I refer to this misconception that open source developers are at some heightened risk of violating someone else's IP because they are working with OSS. I know for most readers here, it is an old argument that has been debunked many times.
Nevertheless, I just ran across this article - Pitfalls In An Open Source World by Mitch Wagner in InformationWeek. Wagner refers to Mark Rankin with ADP Dealer Services in making this statement They need to be careful where they get code that they believe to be open source and be sure the code doesn't have licensing provisions that could cost their employers money in the futureGuess what Mitch and Mark? That's true for ALL software development - both open source and proprietary. (13 comments, 527 words in story) Full Story By mck9, Section IP Articles
I work a few blocks from the Thomas F. Eagleton Courthouse. In fact I walk by it to and from the parking lot. When I learned of the hearing in the Blizzard v. bnetd case, I immediately planned to attend.
More formally the case is known as Davidson & Assoc. v. Internet Gateway, or sometimes as DAVIDSON & ASSOCIATES etc. et al, v. Tim Jung, etc. et al.. The case number is 04-3654. For more information see the Court's website at: An audio recording of the hearing is available (I haven't tried it) at: http://www.ca8.uscourts.gov/tmp/043654.html
I won't dwell on the background of the case, which has been covered on Groklaw and elsewhere. (8 comments, 1419 words in story) Full Story By fudisbad, Section IP Articles
This is the place to put interesting news snippits and happenings in the IP saga that don't quite fit into an article.
We will post an article similar to this one once this one reaches 200 visible comments. The previous "Breaking News" article is here. (223 comments) Comments >> By ColonelZen, Section IP Articles
In a report on Ken Brown's latest paper, evidently not publicly available but reported upon in http://www.techworld.com/opsys/news/index.cfm?NewsID=3373&Page=1&pagePos=2 Ken Brown once again raises the spectre of Open Source Software coming under legal siege from the forces of proprietary software.
The gist of his assertion seems to be that many open source contributors work for companies with IP policies which under some circumstances leave their contributions open to legal question. Quoting Brown, from the article:
"Every day, an untold amount (sic) of employees beholden to strict employee/invention/intellectual property agreements, in their spare time (and even during work-hours) freely give away ideas, code, and products to open source projects." (26 comments, 2061 words in story) Full Story By JCausey, Section IP Articles
For many people, the acronym OS historically stands for "operating system". More recently it has become common to use it to refer to "open source", a meaning that increases in terms of usage with the spread of open source software. Based on recent news and maneuverings, it looks like OS will be taking on yet another new meaning - "open standards". And make no mistake - those who would have you think "open source" is something evil hope to achieve the same thing with "open standards".
Work on this article really commenced a couple weeks ago when I noticed an item in The Register's RSS feed about the BSA being opposed to the European Commission's policy on the use of open standards. Since then, we've also seen news about some misgivings some have about OASIS's approach to open standards. With this article, I am going to try to explain in a very basic manner how the standards setting process works, what the meaning or significance of some of this recent news is, and take a look at how Microsoft may be using "open standards" as a means to further their ends and destroy FOSS. Please bear in mind this is coming from a "lay" person - hopefully I understood everything I researched well enough to write about it correctly, but corrections are welcome. (22 comments, 2779 words in story) Full Story By JCausey, Section IP Articles
My apologies for the brevity of this article. I felt this news probably deserves a little more than a mention in the Breaking News article of the site.
I ran across news from ComputerWorld this morning that Eolas's $520 million win over Microsoft regarding one of their patents they claim was infringed by Internet Explorer was overturned by an appeals court. The patent in question is US#5,838,906 (aka the 906 patent)that dealt with embedded objects in web pages. [As an aside - if you were especially gifted in school at being able to write long papers without actually saying anything, you should look into a career writing patents, at least software/business method patents.] (18 comments, 325 words in story) Full Story By hgc, Section IP Articles
I am an engineer and I am required to pay attention to small details. OK, I'll admit that I am anal retentive. Engineers that do not pay attention to small details wind up causing Mars landers to be Mars crashers for example. I have been seeing the statement that "the GPL is the most widely used FOSS license" a lot recently. This statement disturbs me for two reasons. Firstly, what is the metric? This statement is so vague that I have no idea what it means. Is it used by more authors of FOSS code? Is it used by more FOSS projects? Are there more lines of code available under this license? Please define what 'most widely used' means. Without defining a metric for 'most widely used,' it seems like a hollow marketing description. Not as vague as 'new and improved,' but you get my drift. Secondly, I am not certain that it is even true. There is a huge amount of code available under BSD and MIT/X11 style licenses. I know that 10 years ago there was considerably more lines of code available under BSD and MIT/X11 style licenses then there was licensed by the GPL. This bugged me enough that I decided to investigate. (97 comments, 1646 words in story) Full Story
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