Confused why you're here? My name used to be Ben Balbo. I'm now Ben Dechrau (/bɛn dex-raɪ/).

Archive for the 'Patents' Category

Do you have uni assignments hosted anywhere?

I went to University and studied Software Engineering. I also did Computing at high school. I’ve also been programming in one way or another since the age of 8. I’m not unusual.

One of the things I learned about was data storage, and how it actually works. For example, an array of data is a single data store that allows you to store multiple items. For example, you might have an array of contacts where each element of the array is an email address. The way an array works in terms of raw storage in memory is quite simple.

  • A variable points to a location in memory,
  • That location contains the first element followed by a pointer to another point in memory,
  • That location contains the first element followed by a pointer to another point in memory,
  • Etc… until the pointer to the next point in memory signifies the “end of array” marker.

This is called a linked list – because each item in the list is linked to the next. Now one day, some guy (it might have been a gal, but we’ll call him Bob for now) decided he wanted a way to find the previous item in the list. Instead of starting at the start of the list again, Bob just added a second pointer to each element pointing to the previous element. And thus was born the doubly-linked list.

Now imagine you want those elements sorted, but you still want to keep the “natural order”. You’d need a second linked list for the sorted version. Or you can just give each element 4 pointers, 2 for the natural order (previous/next) and 2 for the sorted order (previous/next). Now you have a list with multiple pointer to other elements.

If you’ve ever used this type of data storage, I highly recommend you remove any proof thereof from any publicly accessible source, find the print outs and burn them, preferably after a good soaking in something flammable*. Why?

Ming-Jen Wang of Colorado Springs has a patent on:

A computerized list is provided with auxiliary pointers for traversing the list in different sequences. One or more auxiliary pointers enable a fast, sequential traversal of the list with a minimum of computational time. Such lists may be used in any application where lists may be reordered for various purposes.

US Patent Office

It seems that the USPTO have extremely highly qualified examiners, and Mr Wang found a way of registering unenforceable patents through Cochran Freund & Young LLP, the Attorney, Agent or Firm listed against this patent.

* This is a joke. If you burn (or kill) yourself (or someone/thing else) or destroy anything or indeed cause anything at all to happen by following my obviously ridiculous suggestion then you probably deserve what you get.

Thanks to Uber Monkey for giving me the tip on this story.

File sharing

The USPTO’s Office of International relations released a report in November 2006 titled Filesharing Programs and “Technological Features to Induce Users to Share”.

Their view is that many peer-to-peer file sharing applications include technological features that make it easy for people to inadvertently share files they might not want to, such as copyrighted material and last years tax returns. Consequences included the sharing of government and military secrets and putting children and unsophisticated users into a position where they were breaking laws.

In other news, gun manufacturers have been found to intentionally allow people to inadvertently shoot people. One gunman, whose identity cannot be divulged, said

“I don’t know what happened. I just wanted to rob the bank, but then I pulled the trigger and shot this guy. I didn’t bother reading the manual, but who would have thought that pulling the trigger would actually make the bullet come out. I thought I’d have to enable it or something! These gun manufacturers are simply irresponsible!”.

Software Freedom Day

Ubermonkey just reminded the world that it’s Software Freedom Day tomorrow. Here’s a shiny logo to attract your attention :-)

Software Freedom Day '06

Shame on you!

I’m fed up – too many sites think they can get away with bad security practices. Some think software patents are good! In an effort to try and focus on these issues, I’ve started Shame | Naming and shaming sites that ought to know better.

Patent Pending

My sister sent me a link to her on-line travel journal today, which was a great read. The system is quite nice too, it’s like a blog of sorts, and even plots your travels out on a map so visitors can see where you’ve been.

As I’m off on a bit of a trip at the end of this year, I thought I’d sign up and get a feel for it. I signed up (painless process) and clicked on the Create a Trip Journal link, only to notice a “patent pending” notice at the bottom of their form. I didn’t go any further, but the form had three buttons, one of which was disabled. One of the buttons would have been a next or continue button.

It looked like a wizard. Much like you see in a WordPress or FlySpray install, like when you create a new document in a word processing package, like when you withdraw cash from an ATM, or even like when you self-checking at an airport. Nothing new. So I wondered what the patent was about.

I emailed their support team this morning:

Hi!

I just created an account on your site and was about to “Create a Trip
Journal” and noticed the patent pending notice. Can I ask what type of
patent you’re applying for?

I’m just wondering if this is a software patent?

If it is a software patent, could you kindly cancel my account and remove all my details from your system? I’m strongly opposed to software patents and don’t wish to use the services of a company that uses them.

If it’s not a software patent, then please just reply telling me so, and I’ll be happy to continue to use your site.

I just got a reply:

Thank you for your interest in RealTravel! It’s nice to hear from you.

As per your request, I have canceled you account. Please feel free to use RealTravel for information and inspiration for your future travels!

I presume from that they have applied for a software patent, and that’s really bad.

I wonder why they feel a software patent will help them. Sure, it won’t be a disadvantage to them in itself, but they are joining a war that only the rich can win.

So what can you do to protect your ideas? Everything you create yourself is implicitly your copyright. Companies can use trade secrets and non-disclosure policies to protect assets. Software patents are there to punish developers, not the criminals who steal ideas. They punish people who write code, test, debug, work hard, and then (possibly) have it all taken away from them by a large, greedy MegaCorp.

A quick primer for those who are not familiar with software patents

You can apply for a patent that covers a methodology, for example a progress bar that tells you how far through an operation you are, or a single-click purchase, or a wizard for helping users complete a task. Nothing specific. If someone writes software that uses that idea, you can be sued by the patent owner.

So that’s good idea, no? Someone thought of that idea and you should pay them for it? Surely it protect the small people from big companies that use their ideas for their own gain; Joe Doe can sue MegaCorp Inc for their use of his idea!

No – MegaCorp Inc have 2,398,153 software patents already (this is an example), and Joe Doe probably infringes 1% of their patents (including the one that allows a user to log in – yes, they are that vague!) so MegaCorp will turn around and say “Tell you what Joe, instead of filing a counter-suit, how about you drop the law suit and just sign your software over to us and we’ll call it quits!”.

The small people never win from software patents.

Further Reading

It is interesting to compare the Google search results for “software patents are bad” and “software patents are good“.

Against Software Patents – The League for Programming Freedom, MIT

NoSoftwarePatents.com

Foot Note

I have a feeling I once heard about a Joe Doe that won a software patent case against a MegaCorp Inc. Any one have any references to this?

Oh – and there is a way a small company could win in this. They would have to obtain numerous software patents and sue MegaCorps. The key to not being counter-sued is not to write your own software – that way you will never use patented software techniques!