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Microsoft Patents Saving The Name Of A Game

--> From http://www.techdirt.com/articles/20040406/1349225.shtml

Microsoft Patents Saving The Name Of A Game
Contributed by Mike on Tuesday, April 6th, 2004 @ 01:49PM
from the yeah,-that's-non-obvious dept.

theodp writes "As if there weren't enough dodgy patents, here's an
excerpt from one granted to Microsoft Tuesday for a 'Method and
apparatus for displaying information regarding stored data in a gaming
system': 'When saving a game, the saved game data may include a
descriptive name of the saved game, a graphic representation of the
state of the game when the game was saved, a description of the game
state when the game was saved, and a date and time that the game was
saved.'" I'm trying to figure out if there's more to this patent, but
the more I read, the worse it seems. How is this possibly
"non-obvious"?

--> Link to Patent

http://patft.uspto.gov/netacgi/nph-P...mber=6,716,102

--> Link to Patent File History (Shows Two Earlier Rejections)

http://pair.uspto.gov/cgi-bin/final/...mber=6,716,102
Jul 20 '05
138 6605
Jan Roland Eriksson wrote:
[1] Believe it or not, even Gary Kildall of CP/M fame, was not unaware
of Bell Lab's developments in the UNIX area and even though most of
Gary's efforts on CP/M had its roots in Digital Equipment software of
the time, he did implement ways to "tweak" CP/M to behave a bit like
UNIX for a single user environment. Why Intel turned down Gary's CP/M
proposal? I don't know. Intel produced their own "ISIS" system for the
"Blue Box" and I have used them both extensively "back in the olden
days" but still think that Gary's CP/M had the better approach as
compared to ISIS.


I was frankly surprised when I found CP/M and DOS looking
a bit like UNIX, first time I used them.

Did Gary make a proposal before the IBM/MSFT fiasco?

What makes interesting reading is Gary's unpublished autobiography.
I was lucky enough to read a copy of it owned by a guy who
was with Gary when he was injured and close when he died.
The autobiography paints an unsurprisingly negative picture
of both IBM and MSFT, with a lot of details that did not make
it into the TV special concerning those events. Hopefully,
some day it will get published....
--
--------------------------------------------------------------------
The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 2004 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
--------------------------------------------------------------------
Bruce E. Hayden bh*****@ieee.or g
Dillon, Colorado bh*****@highdow n.com
Phoenix, Arizona bh*****@copatla w.com

Jul 20 '05 #111
>>>>> On Thu, 08 Apr 2004 17:12:16 -0400, Barry Margolin ("Barry") writes:

Barry> In article <u8***********@ news.dtpq.com>,
Barry> cs****@news.dtp q.com (Christopher C. Stacy) wrote:
>>>>> On Thu, 08 Apr 2004 09:06:06 GMT, Bruce Hayden ("Bruce") writes:
Bruce> Remember, UNIX was essentially a port of MULTICS from a
Bruce> mainframe to a minicomputer.
That is not at all accurate: Multics and UNIX have almost nothing in
common; UNIX was a reaction against the directions that Multics went.
They do not share any programs whatsoever; no "porting" was involved.


Barry> They "ported" some of the concepts.

Certainly _not_ the fundamental Multics concepts concerning processes,
memory, program linking, most of the IO and file systems, nor any of
the security features. Not the underlying reliability philosophy.
Not even the concept of writing in a high-level language: UNIX and
all of its programs were originally written in bare PDP-7 assembler.
Now, I happen to know that you are at least (and perhaps far more)
knowledgable about Multics than I am, and you know about UNIX, too.
So I ask you: What would you dispute in the list above, or what's
left that would you say are the fundamental concepts that were ported?

There were some totally superficial things, like some of the
short names of some commands. There are some faint ghosts of
ideas, like the shell PATH being vaguely functionally similar
to the dynamic link search path in a Multics session.

Another superficial thing might be the "roff" program, but that's
not a Multics concept. It was however, a port. It was based on
the RUNOFF program from CTSS, rewritten into BCPL for Multics,
transliterated into PDP-7 assembly code, and then ported into
PDP-11 assembly for UNIX. (And there were a bunch of other RUNOFF
knockoffs on many various operating systems back in those days.)

Some people might cite the shell (being a user-mode program),
and maybe one could say that's significant. While it's _not_
part of the operating system kernel, that's the idea!
But this is an older idea, from CTSS (RUNCOM), not Multics,
and it was present in some other operating systems of the 1960s.

Multics didn't really have pipes available in the shell, although
it did have primitive IO redirection (not a totally new idea with
Multics, either.) Anyway, The key concept of pipes is their
command-line utility for linking together a chain of smaller
programs to accomplish something. This represents a powerful idea,
and it really belongs originally to UNIX, not Multics.

Another feature was symbolic links, which UNIX picked up from Multics,
But I'm not sure if that originated on Multics, CTSS, or elsewhere;
I know of another system that had the symbolic file link feature at
least by 1968. (And you know which system I mean, and how it's about
as far away from the CTSS/Multics philosophy as you can get!)

A more substantial concept that did make it from Multics to Unix
is the concept of a hierarchical file system. Of course, Multics
did not have "files" -- it had "segments", and they are not the
same thing at all. But they are both in directories. But although
Multics was the first to realize them, the concept and need for
hierarchical directories were considered obvious and natural
(at least by some people) at the time (see recent writings
from Saltzer and Ritchie on this point).

But none of those things above have much to do with the
fundamental concepts of Multics, having to do with reliable,
auditable, error-recovering, protected, mostly uniform system
based on a core flexible reference-monitored dynamically
linked large-address space backing-store model

I think they only "ported" the vaguest of ideas, infinitely far
from anything that I would use the word "port" to describe,
particularly in the context of a discussion about patents.

As for whether UNIX was a "reaction" (I am implying a negative one)
to the ideas in Multics, you might ask yourself why those guys left
the Multics project early on. I don't mean to suggest that they
thought the Multics ideas were not worthwhile. But the answer is
at least in part because the concepts in the system were not leading
to a computer system that was viable in their context of interest.
That is, those concepts were too expensive for the kind of computer
systems they wanted. Specifically, underpowered minicomputers of
the day, which is what became available to them back at Bell Labs.
(In those early days, Multics wasn't even viable on a large computer,
and was viewed in some respects as a failure!) UNIX was a very
different overall design using very different concepts, carrying
over none of the fundamental Multics mechanisms.

I would be interested in how Multicians view UNIX as a port of Multics.
If you're just appealing to authority by invoking the early designers,
pleas esee also (in Google) where Dennis Ritchie's responds to my
observations about the fundamental differences in the core concepts
of two systems by seemingly agreeing (and amplifying, with words
like "fairly radical difference".) However, Ritchie and others do
consistently cite Multics as having inspired many things in UNIX.
But not "port".

Certainly the UNIX inventors were inspired by Multics, and they
learned a few things from Multics, as did many other computer
operating systems. Windows NT might have more similarities
to Multics than UNIX does, but nobody tries to claim that it's
a port of Multics. Many of the concepts and ideas in operating
systems today came from CTSS, predating Multics, but we don't
say that those systems are a "port of CTSS", either.

I think that Multics people like to claim UNIX as a descendent mostly
so that they can feel that their beautiful life's work was not all
sadly pissed away in history by unfortunate Honeywell business decisions.
This is reinforced by the UNIX inventors citing their experience with
Multics as inspirational. And most UNIX folk today are entirely ignorant
about Multics, but have heard that is was somehow important and good,
and they would like to claim that therefore UNIX has some of the same
design goodness of Multics. There have been other operating systems
(unrelated to UNIX) that actually did use some of the Multics ideas,
but none of them caught on in the mainstream, either. Perhaps Multicians
would be better off nursing their feelings by recognizing that most things
that are popular are actually terrible crap, while Multics was much better
than most systems that have been invented over the subsequent several decades.

But any technical arguments you might have about how UNIX is
a port of Multics would be welcomed with great interest.
Jul 20 '05 #112
>>>>> On Thu, 08 Apr 2004 17:12:16 -0400, Barry Margolin ("Barry") writes:

Barry> In article <u8***********@ news.dtpq.com>,
Barry> cs****@news.dtp q.com (Christopher C. Stacy) wrote:
>>>>> On Thu, 08 Apr 2004 09:06:06 GMT, Bruce Hayden ("Bruce") writes:
Bruce> Remember, UNIX was essentially a port of MULTICS from a
Bruce> mainframe to a minicomputer.
That is not at all accurate: Multics and UNIX have almost nothing in
common; UNIX was a reaction against the directions that Multics went.
They do not share any programs whatsoever; no "porting" was involved.


Barry> They "ported" some of the concepts.

Certainly _not_ the fundamental Multics concepts concerning processes,
memory, program linking, most of the IO and file systems, nor any of
the security features. Not the underlying reliability philosophy.
Not even the concept of writing in a high-level language: UNIX and
all of its programs were originally written in bare PDP-7 assembler.
Now, I happen to know that you are at least (and perhaps far more)
knowledgable about Multics than I am, and you know about UNIX, too.
So I ask you: What would you dispute in the list above, or what's
left that would you say are the fundamental concepts that were ported?

There were some totally superficial things, like some of the
short names of some commands. There are some faint ghosts of
ideas, like the shell PATH being vaguely functionally similar
to the dynamic link search path in a Multics session.

Another superficial thing might be the "roff" program, but that's
not a Multics concept. It was however, a port. It was based on
the RUNOFF program from CTSS, rewritten into BCPL for Multics,
transliterated into PDP-7 assembly code, and then ported into
PDP-11 assembly for UNIX. (And there were a bunch of other RUNOFF
knockoffs on many various operating systems back in those days.)

Some people might cite the shell (being a user-mode program),
and maybe one could say that's significant. While it's _not_
part of the operating system kernel, that's the idea!
But this is an older idea, from CTSS (RUNCOM), not Multics,
and it was present in some other operating systems of the 1960s.

Multics didn't really have pipes available in the shell, although
it did have primitive IO redirection (not a totally new idea with
Multics, either.) Anyway, The key concept of pipes is their
command-line utility for linking together a chain of smaller
programs to accomplish something. This represents a powerful idea,
and it really belongs originally to UNIX, not Multics.

Another feature was symbolic links, which UNIX picked up from Multics,
But I'm not sure if that originated on Multics, CTSS, or elsewhere;
I know of another system that had the symbolic file link feature at
least by 1968. (And you know which system I mean, and how it's about
as far away from the CTSS/Multics philosophy as you can get!)

A more substantial concept that did make it from Multics to Unix
is the concept of a hierarchical file system. Of course, Multics
did not have "files" -- it had "segments", and they are not the
same thing at all. But they are both in directories. But although
Multics was the first to realize them, the concept and need for
hierarchical directories were considered obvious and natural
(at least by some people) at the time (see recent writings
from Saltzer and Ritchie on this point).

But none of those things above have much to do with the
fundamental concepts of Multics, having to do with reliable,
auditable, error-recovering, protected, mostly uniform system
based on a core flexible reference-monitored dynamically
linked large-address space backing-store model

I think they only "ported" the vaguest of ideas, infinitely far
from anything that I would use the word "port" to describe,
particularly in the context of a discussion about patents.

As for whether UNIX was a "reaction" (I am implying a negative one)
to the ideas in Multics, you might ask yourself why those guys left
the Multics project early on. I don't mean to suggest that they
thought the Multics ideas were not worthwhile. But the answer is
at least in part because the concepts in the system were not leading
to a computer system that was viable in their context of interest.
That is, those concepts were too expensive for the kind of computer
systems they wanted. Specifically, underpowered minicomputers of
the day, which is what became available to them back at Bell Labs.
(In those early days, Multics wasn't even viable on a large computer,
and was viewed in some respects as a failure!) UNIX was a very
different overall design using very different concepts, carrying
over none of the fundamental Multics mechanisms.

I would be interested in how Multicians view UNIX as a port of Multics.
If you're just appealing to authority by invoking the early designers,
pleas esee also (in Google) where Dennis Ritchie's responds to my
observations about the fundamental differences in the core concepts
of two systems by seemingly agreeing (and amplifying, with words
like "fairly radical difference".) However, Ritchie and others do
consistently cite Multics as having inspired many things in UNIX.
But not "port".

Certainly the UNIX inventors were inspired by Multics, and they
learned a few things from Multics, as did many other computer
operating systems. Windows NT might have more similarities
to Multics than UNIX does, but nobody tries to claim that it's
a port of Multics. Many of the concepts and ideas in operating
systems today came from CTSS, predating Multics, but we don't
say that those systems are a "port of CTSS", either.

I think that Multics people like to claim UNIX as a descendent mostly
so that they can feel that their beautiful life's work was not all
sadly pissed away in history by unfortunate Honeywell business decisions.
This is reinforced by the UNIX inventors citing their experience with
Multics as inspirational. And most UNIX folk today are entirely ignorant
about Multics, but have heard that is was somehow important and good,
and they would like to claim that therefore UNIX has some of the same
design goodness of Multics. There have been other operating systems
(unrelated to UNIX) that actually did use some of the Multics ideas,
but none of them caught on in the mainstream, either. Perhaps Multicians
would be better off nursing their feelings by recognizing that most things
that are popular are actually terrible crap, while Multics was much better
than most systems that have been invented over the subsequent several decades.

But any technical arguments you might have about how UNIX is
a port of Multics would be welcomed with great interest.
Jul 20 '05 #113
On Thu, 08 Apr 2004 17:02:17 GMT, Bruce Hayden wrote:
Mike wrote:
On Thu, 08 Apr 2004 10:09:25 GMT, Bruce Hayden wrote:
Let's clarify a little. Dependent claims further LIMIT the claim on
which they depend, not SPECIFY. ...


Okay, limit it is. Specify was not the best choice on my part, since the
patent specification is a separate part of the patent. In this case, I used
specify in the sense of stating something in detail, with the dependent
claims providing additional detail.


At one level you are right. But the reason we (patent attys and agents)
put the detail in the dependent claims is to try to broaden the claims
upon which they depend. Otherwise, we would just write what we call
"picture" claims - that include all of the detail in the first place.

As noted, by the very action of including claim 2, claim 1 is
essentially broadened to include more than just games. MSFT cannot
now go back and try to limit "applicatio ns" to games. This of course
works both offensively (which is why we do it) and defensively
(which is where I am coming from).

As an obvious note, the reason that I picked claim 2 was that an
argument could be made that a game console is limited to a box that
plays games. That won't fly, based on the interaction between
claims 1 and 2.


Thanks for the explanation. In this case, it seems like even the word limit
is something of a misnomer, since I'd normally consider limit and broaden
to be somewhat opposite in meaning. In any event, it's interesting to see
how the dependent claims can be used to broaden the independent claim.

....
Except of course, that a frame, a wheel, and a seat reads on bicycles,
trycycles, etc.

Hmmm... I can't resist: Is a trycycle a tricycle with flat tires?


Ok, got this right once (I think) and wrong once. I don't
know why I kept thinking bycycle and trycycle when typing
this. One problem that I have is that I am currently using
Mozilla, instead of Netscape. One of the few value addeds that
Netscape provides is a spelling checker. But Mozilla has much
better popup controls and the like. For example, I can tell
it to block images from certain sites (like doubleclick.net ).
Netscape appears to honor the Mozilla programming, but cannot
itself do much of it (they are built on the same code base,
and share the same configuration files, mail boxes, cache, etc.)

Long way of saying sorry, and good joke.


No need to apologize - I'm just glad you weren't offended. As you might
have guessed, my involvement with patents is peripheral, and comes from the
interaction with patents that results my work as an integrated circuit
design engineer. In recent years I've been tempted to study for the Agent's
exam. Even though I doubt I could put it to much direct use, it would be
nice to know more about the details of patents. Do you have any thoughts on
how much work is involved, and whether or not it would be worthwhile?

-- Mike --
Jul 20 '05 #114
On Thu, 08 Apr 2004 17:02:17 GMT, Bruce Hayden wrote:
Mike wrote:
On Thu, 08 Apr 2004 10:09:25 GMT, Bruce Hayden wrote:
Let's clarify a little. Dependent claims further LIMIT the claim on
which they depend, not SPECIFY. ...


Okay, limit it is. Specify was not the best choice on my part, since the
patent specification is a separate part of the patent. In this case, I used
specify in the sense of stating something in detail, with the dependent
claims providing additional detail.


At one level you are right. But the reason we (patent attys and agents)
put the detail in the dependent claims is to try to broaden the claims
upon which they depend. Otherwise, we would just write what we call
"picture" claims - that include all of the detail in the first place.

As noted, by the very action of including claim 2, claim 1 is
essentially broadened to include more than just games. MSFT cannot
now go back and try to limit "applicatio ns" to games. This of course
works both offensively (which is why we do it) and defensively
(which is where I am coming from).

As an obvious note, the reason that I picked claim 2 was that an
argument could be made that a game console is limited to a box that
plays games. That won't fly, based on the interaction between
claims 1 and 2.


Thanks for the explanation. In this case, it seems like even the word limit
is something of a misnomer, since I'd normally consider limit and broaden
to be somewhat opposite in meaning. In any event, it's interesting to see
how the dependent claims can be used to broaden the independent claim.

....
Except of course, that a frame, a wheel, and a seat reads on bicycles,
trycycles, etc.

Hmmm... I can't resist: Is a trycycle a tricycle with flat tires?


Ok, got this right once (I think) and wrong once. I don't
know why I kept thinking bycycle and trycycle when typing
this. One problem that I have is that I am currently using
Mozilla, instead of Netscape. One of the few value addeds that
Netscape provides is a spelling checker. But Mozilla has much
better popup controls and the like. For example, I can tell
it to block images from certain sites (like doubleclick.net ).
Netscape appears to honor the Mozilla programming, but cannot
itself do much of it (they are built on the same code base,
and share the same configuration files, mail boxes, cache, etc.)

Long way of saying sorry, and good joke.


No need to apologize - I'm just glad you weren't offended. As you might
have guessed, my involvement with patents is peripheral, and comes from the
interaction with patents that results my work as an integrated circuit
design engineer. In recent years I've been tempted to study for the Agent's
exam. Even though I doubt I could put it to much direct use, it would be
nice to know more about the details of patents. Do you have any thoughts on
how much work is involved, and whether or not it would be worthwhile?

-- Mike --
Jul 20 '05 #115
And somewhere around the time of 04/06/2004 23:52, the world stopped and
listened as theodp contributed the following to humanity:
--> From http://www.techdirt.com/articles/20040406/1349225.shtml

Microsoft Patents Saving The Name Of A Game
Contributed by Mike on Tuesday, April 6th, 2004 @ 01:49PM
from the yeah,-that's-non-obvious dept.

theodp writes "As if there weren't enough dodgy patents, here's an
excerpt from one granted to Microsoft Tuesday for a 'Method and
apparatus for displaying information regarding stored data in a gaming
system': 'When saving a game, the saved game data may include a
descriptive name of the saved game, a graphic representation of the
state of the game when the game was saved, a description of the game
state when the game was saved, and a date and time that the game was
saved.'" I'm trying to figure out if there's more to this patent, but
the more I read, the worse it seems. How is this possibly
"non-obvious"?

--> Link to Patent

http://patft.uspto.gov/netacgi/nph-P...mber=6,716,102

--> Link to Patent File History (Shows Two Earlier Rejections)

http://pair.uspto.gov/cgi-bin/final/...mber=6,716,102


Or even previous art as I have quite a number of non-Microsoft games
that do this very thing...Some even date back to the 1980's!!

--
Daniel Rudy

Remove nospam, invalid, and 0123456789 to reply.
Jul 20 '05 #116
And somewhere around the time of 04/06/2004 23:52, the world stopped and
listened as theodp contributed the following to humanity:
--> From http://www.techdirt.com/articles/20040406/1349225.shtml

Microsoft Patents Saving The Name Of A Game
Contributed by Mike on Tuesday, April 6th, 2004 @ 01:49PM
from the yeah,-that's-non-obvious dept.

theodp writes "As if there weren't enough dodgy patents, here's an
excerpt from one granted to Microsoft Tuesday for a 'Method and
apparatus for displaying information regarding stored data in a gaming
system': 'When saving a game, the saved game data may include a
descriptive name of the saved game, a graphic representation of the
state of the game when the game was saved, a description of the game
state when the game was saved, and a date and time that the game was
saved.'" I'm trying to figure out if there's more to this patent, but
the more I read, the worse it seems. How is this possibly
"non-obvious"?

--> Link to Patent

http://patft.uspto.gov/netacgi/nph-P...mber=6,716,102

--> Link to Patent File History (Shows Two Earlier Rejections)

http://pair.uspto.gov/cgi-bin/final/...mber=6,716,102


Or even previous art as I have quite a number of non-Microsoft games
that do this very thing...Some even date back to the 1980's!!

--
Daniel Rudy

Remove nospam, invalid, and 0123456789 to reply.
Jul 20 '05 #117
Error BR-549: MS DRM 1.0 rejects the following post from Bruce Hayden:
Doesn't work that way, at least in my experience in the real world.
A $250 infringement investigation and letter is not going to be
sufficient to overcome being frivilous. Also, why should they
bother? Where is the monetary return to MSFT?
It is indirect. They induce a cloud into the usage of competing products,
including GNU/Linux.
One problem with hiring patent attorneys for this, whether inside
or outside, is that you need to be able to justify their cost.
Something as nebulous as slightly reducing competition from
mom and pop operations will not be easy to financially justify.


Mom and Pop operations like IBM or HP?

--
Trust your data to a Linux server or desktop!
Jul 20 '05 #118
Error BR-549: MS DRM 1.0 rejects the following post from Bruce Hayden:
Doesn't work that way, at least in my experience in the real world.
A $250 infringement investigation and letter is not going to be
sufficient to overcome being frivilous. Also, why should they
bother? Where is the monetary return to MSFT?
It is indirect. They induce a cloud into the usage of competing products,
including GNU/Linux.
One problem with hiring patent attorneys for this, whether inside
or outside, is that you need to be able to justify their cost.
Something as nebulous as slightly reducing competition from
mom and pop operations will not be easy to financially justify.


Mom and Pop operations like IBM or HP?

--
Trust your data to a Linux server or desktop!
Jul 20 '05 #119
Error BR-549: MS DRM 1.0 rejects the following post from Roger Schlafly:
"Bruce Hayden" <no************ @ieee.org> wrote:
Doesn't work that way, at least in my experience in the real world.
A $250 infringement investigation and letter is not going to be
sufficient to overcome being frivilous. Also, why should they
bother? Where is the monetary return to MSFT?


Usually there is no monetary return to Msft, and Msft doesn't
bother. My point was only that Msft's cost for sending a letter
can be as low as $250.

It does occasionally happen that Msft has a business reason for
going after a small company. Not often, but occasionally.


You mean like MikeRoweSoft.co m?

--
Trust your data to a Linux server or desktop!
Jul 20 '05 #120

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