80% of MS Server Protocols Are Unpatented 136
perlow writes "ZDNet blogger Jason Perlow and Centrify's Tom Kemp discover that 80 percent of all Microsoft server protocols are un-patented. What exactly then, did SAMBA license? Are Microsoft's patent and intellectual property threats simply the growls of a paper tiger?"
Microsoft Tax (Score:5, Insightful)
This is Protection Money (Score:4, Funny)
As a wild guess... (Score:3, Informative)
Re:As a wild guess... (Score:4, Insightful)
Re:As a wild guess... (Score:4, Funny)
Re:As a wild guess... (Score:5, Funny)
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Re:As a wild guess... (Score:5, Funny)
Uh, "backdoor access"?
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Are you saying Microsoft's patents are 80% shit?
[joke]
Re:As a wild guess... (Score:5, Funny)
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http://en.wikipedia.org/wiki/Setuid [wikipedia.org]
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Is that why there are no toilets [msnbc.com] installed in the Olympic compound in China?
Re:As a wild guess... (Score:4, Funny)
I don't know where you live, but in my world the toilets are the first 20% of the sewer system, not the last. I really wouldn't want to have it any other way.
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It makes sense ... (Score:5, Funny)
Re:It makes sense ... (Score:4, Funny)
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you mean most
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They use something reliable.
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Re:It makes sense ... (Score:5, Insightful)
These days with the patent office handing out patents like candy, you don't even have to do that. For instance, in the firehose there's been this story for a while http://slashdot.org/firehose.pl?op=view&id=631632 [slashdot.org] "Flip Video Camera Maker Sued For Patent Infringeme" Regarding this patent: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=5781788.PN.&OS=PN/5781788&RS=PN/5781788 [uspto.gov]
So without further ado, Claim #1 of the patent: So. Based on that, how does one compress video using a single chip (the patent has absolutely NOTHING about its implementation)? Being able to show that might make it actually look like the company actually invented something, instead, rendered to its most basic element, the patent says "anything that does stuff using only one chip plus DRAM" which is something an 8 year old could come up with, without even knowing what DRAM means.
The patent office has long since slid past allowing "crap" to churning out patents of "pure unadulterated bullshit".
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So. Based on that, how does one compress video using a single chip (the patent has absolutely NOTHING about its implementation)?
The claims generally do not contain information that tells someone how to use the invention. Instead, the patent specification must include disclosure sufficient to allow a person with ordinary skill in the relevant art to make and use the invention without undue experimentation. If known, the best mode of implementing the invention must be disclosed in the application. Neither type of disclosure typically occurs within the claims.
In the patent application you linked, there is a section called "DETAILED
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If the patent doesn
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Ok U'm stupid today (Score:5, Insightful)
Oh, Microsoft. Never mind, my bad.
Re:Ok U'm stupid today (Score:5, Insightful)
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Except when the thing you don't want copied is something sufficiently trivial or obvious that there's a very high risk that other people will invent it independently. In that case, the only way to stop them copying it is to patent it; that buys you 20 years or so.
In theory the obviousness tests are supposed to stop this happening, but these days the patent office motto seems t
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You certainly can keep others from using patented inventions, for a set period of time anyway, but do you have any evidence of Microsoft doing that? Specifically, patenting something, not licensing it to anyone, and suing others to keep them from using the tech?
Microsoft sucks
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I've said this before, but I think software patents are essentially sound: they describe how a to turn a general purpose machine into a particular machine. However, companies who patent software should have to provide a working implementation. Now that would cut down the number of phoney and idiotic patents.
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With software patents, you have to deal with every single patent on software ever, and there are more patents issued than you can read in say, a year. And there are more to come.
And what is the difference between patenting an algorithm and patenting "1+1=2"? The fact that math wasn't patented 2000+ years ago is a good thing for you and me.
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Yes, it's a Good Thing that maths wasn't patented; however, it's also a Good Thing that scientists - or natural philosophers in the 16th and 17th centuries argued for openness in science.
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Mod parent up. It's not the legislative side that allows the abuse, its the judicial side. The examiner should have to be convinced that you spent the time, mind, and money implementing the preferred embodiment. For software, that means provide what it takes to build, deploy, and test the code on the accompanied CD-ROM and provide the patent examiners with a QA department. Problem solved.
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Interoperating with other clients just leads to other software on your client machines, stuff like OS X, or Linux for instance. Not good for Windows sales. Not to mention that you would have to disclose all the nastiness of the protocols to 'let' them work. Not good.
Not to mention also that you could well be enhancing other server OS makers' market share, say, for instance you were willing to let the Novell Client for Windows actually work properly with your Windows ser
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For example, Diffie-Hellman key exchange was patented. It doesn't, by itself, comprise a protocol that you'd use that others could inter-operate with your application, but it can be used as part of any protocol that requires encryption where the two parties have not previously exchanged encryption keys.
If significant effort was put into devising that part of the protocol and su
I'm no math whiz, but... (Score:1, Redundant)
Samba Licensing... (Score:2)
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Which leaves patents -- but a protocol is neither a machine or a process! Which means (arguably) that it can't be patented, either.
Which leaves documentation.
But let's think about that "licensing" again... What is being licensed? Compare to music -- the "protocol" in written music is NOT the music, it's the staff, and indi
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you use TCP/IP to transfer data.. you could use IPXSPX.. but TCP/IP is better suited for the net than IPXSPX..
like wise..
you use a flathead screwdriver to tighten a screw - you could use a penny.. but the screwdriver works better..
at one point in history a flathead screw driver would have been inovation and would have been patentable.. as it is an improvement over something else in doing a task.
i see no reason why a i
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As you pointed out, a coin can be used instead of the screwdriver. And the receptor may be something other than a screw (say, a snap-tab).
Is the slit itself patentable?
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but the action of transfering force/tourque should not be patentable.. as that would be too encomposin
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People are patenting "a device to turn a screw" which would cover the screw driver, the penny, the paper clip, the motorized screw driver, etc.
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alot of the crap ones cover what it does but doesn't cover how it is to be done..
turnning a screw/transfering data should not be patentable.. but how you do it should be.. there for a protocol should be patentable.. as it is a way of transfering data.. but it shouldn't cover all ways of doing it.
Music Example (Score:2)
This is a bigger thing than you might realize. Going by your music example, it's like trying to learn how to play a symphony from listening to it.
Buying the 'license' gets you the sheet music and the assistance of the author.
Saving that much effort does save $$$ and as long as Microsoft wasn't being too greedy(possibly realizing that samba would be able to reverse engineer it soon enough no matter what), it'd be cheaper to pay the money than perform the otherwise necessary back en
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The formula for Coca Cola is a trade secret, and yet you can get a can of it just about anytime from the soda machine. Just because you ship an embodiment of a trade secret doesn't mean you ship the sufficient details to reproduce it.
Furthermore, the protocol itself may have corner conditions or situations that make it difficult to implement unless you know the "tricks" of the implementation. These too can be trade secrets.
Here's a nice, concise explanation. [duke.edu]
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Very true. That's what I'd figure as a 'trade secret'; sure, I could start creating a duplicate interfacing protocol in a few weeks given a packet analyzer, but my product would likely be plagued with bugs and quirks for quite some time, assuming the protocol has any complexity to it.
Plus, part of the license terms m
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It only takes one... (Score:5, Insightful)
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Re:It only takes one... (Score:4, Interesting)
WTF? (Score:5, Insightful)
Is this article trying to present me with the logic: 80% of protocols are un-patented, therefore SMB is un-patented?
Because I don't see how that follows at all. Is SMB part of the 80% or part of the 20%? If you want to know what SAMBA licensed, why don't you just ask them? I'm sure they'd know...
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Re:WTF? (Score:4, Funny)
Really? I'd be a bit more confident than that. Donuts are pretty expensive compared to the dollar nowadays...
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Wikipedia to the rescue (Score:3, Informative)
http://en.wikipedia.org/wiki/Server_Message_Block [wikipedia.org]
Mario? (Score:1)
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Re:WTF? (Score:5, Informative)
Here is a relevant link:
http://samba.org/samba/PFIF/ [samba.org] - The Samba licensing announcement.
The announcement has a lot of ambiguities (and IANAL), but it appears hey agreed that:
1) Samba Team members would receive access to protocol documentation. This information would only be available to Samba Team members, and available only under NDA
2) Access to information would not restrict CODE that could be produced using this information
3) It does not provide any patent coverage.
4) However, Microsoft would provide a list of patents covering the protocols used by Samba, and keep the list updated. This provides Samba folks a way to understand exactly what methods to avoid - which infringe patents.
5) Microsoft agreed that any patents not detailed in this list and found to be infringed cannot be "asserted" by Microsoft.
Presumably, there are items that MS will provide for #4, so there are patents that relate to Samba.
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Note that Samba 3 does not just implement SMB -- it implements CIFS, MSDFS, several challenge-response and key-exchange protocols, Microsoft's extensions to Kerberos for ADS integration, some stuff to support point-and-print, etc. In addition, Samba 4, which focuses on being an ADS server, implements several more important Microsoft protocols requi
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MS protocols (Score:2)
However, I think the real reason is that MS is realizing that sw patents are a god-awful waste of time and resources to obtain. If you have 20 or so new protocols, the fees plus attorney time, plus appeals, plus developers having to document the necessary
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IBM have a number of successes, but are far from the model of software success. They also weren't typically using software patents to enforce software monopolies (and when they could, did).
For the most part, Microsoft isn't obtaining patents to extract licensing costs - it's to ensure that there is little competition. Th
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They collect them so that they have a weapon to use against other companies, both in offense and in defense.
There are so many nonsense patents out there that just about every product could be considered to be in infringement.
So if something comes up, and IBM says to Microsoft, you're using one of our patented ideas, you'll need to pay us. MS then comes back with, Oh but you're als
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I seriously doubt that this means Microsoft is reducing their patent load by 80%. It sounds more to me like 80% of Microsoft's server protocols are ripped off BSD... err... unpatentable.
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Paper Tiger... (Score:1)
So what they're asking is, is Microsoft full of shit? Come on, give me a hard one
(insert obligatory "that's what she said")
I hope someone will tag the OP as flamebait... (Score:1, Insightful)
I know I'm going to get modded Troll for this, but does every article about patent licensing and Microsoft have to be so skewed anti-MS?
Re:I hope someone will tag the OP as flamebait... (Score:4, Insightful)
MS has extinguished competitors, acted unethically for long enough that people don't trust MS to have done anything right or correctly. That's normal people.
Bad news always travels farther and faster than good news. MS would have to do a lot of good things to reverse their reputation. So that's how it is. No matter what the story is actually about, if it involves MS it will be expected that MS has fucked up again somehow.
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I don't really count AC's as being a part of Slashdot.
Shipping code precludes patenting (Score:4, Informative)
IANAL, but...
Shipping your product is equivalent to publication. It start a timer, 1 year in some places, 6 months in others. You have to have your patent applications into the office within that time, or the art is considered "published" and can never be patented. The definition of "shipping" can be pretty darned nebulous, as well. Sending out a beta with a regular NDA is also probably considered publication. You've got to get quite a bit more serious about the restrictions to have a hope of preserving patent rights, from what I understand, and it fact it may be just plain impossible, once it goes out your doors.
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IANAL either. I was studying patents, trademarks, copyrights, industrial designs, integrated circuit topographies, and trade secrets for an exam yesterday.
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Are you trying to tell me that software gets "better" patent protection than hardware?
And what they don't say... (Score:2)
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http://www.centrify.com/downloads/public/microsoft_protocol_to_patent_map_courtesy_of_centrify.xls [centrify.com]
Same Old Microsoft Crap (Score:3, Insightful)
Threats are Microsoft's business of the day. That's their plan for the future to thwart off all competition to their desktop OS. No matter that they begged, borrowed, and stole 90% of the ideas that went into it. If you can't compete any longer you litigate, or threaten to in order to have customers potentially switching to the competition stop in their tracks.
Those in their right mind knew this was just blather from the Ballmer, but it is enough to get companies re-examining their plans.
You can't trust Microsoft and you can't trust that they won't try to patent what they have failed to patent so far. Nor can you keep them from changing things once you have developed around them. You all saw the sheer bullshit with the ISO so you must understand that they are far more devious than this in other areas. We as the watchful eye haven't had a chance yet to gaze into their other practices, the real practices that keep people locked into their technologies.
Yes (Score:4, Insightful)
Ok, this just gets dumber and dumber... (Score:3, Insightful)
The part that SAMBA is licensing and NEEDS to license is when they are implementing features normally found in Windows Server that are not open.
Off top of my head I would guess these would be:
ACL & Security
Group Policy Features
Domain Features
Roaming Profiles, etc.
FS Search Network Queries ala Vista/Windows Desktop Search
etc etc etc...
The freaking communications and protocols are never been a big MS secret, as they are just evolutionary methods, it is the guts that SAMBA also tries to provide that has always been 'reverse engineered' and is now 'licensed' instead.
Geesh...
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Especially since IBM and 3Com helped invent them.
There are very many systems which can use the NetBIOS / NetBEUI interface or
make use of the NetBIOS Frames Protocol, but perhaps one of the most important
is the Server Message Block Protocol (SMB). The Server Message Block Protocol
(SMB), is an application level protocol used by networking systems and operating
systems such as Microsoft's Windows for Workgroups, Windows 95 / 98 / ME, LAN
Manag
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Correct me if I'm wrong but I would say all of these "features" l
Ok, I'll correct ya, well I'll go for a couple cause you and I are on different tracks of communication and I don't think you or I are disputing the same things...
First you act like you are arguing a patent dispute, this isn't.
Secondly this
Patented = Documented (Score:4, Insightful)
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How many of these patents are contested? (Score:2)
It should be more like 99% unpatetented (Score:1)
"There are many good yet unique ways to do __TASK__, none significantly better than any other, here is ours" or "there is only a handful of obvious good ways to do __TASK__, and we got to the patent office first" items should never be patented. I'm bet
The new secret! (Score:1)
2. File patent claims on the ones that are available.
3. Dodge chair(s) thrown by Ballmer.
4. ???
5. Profit!!!!
paper tiger? (Score:1)
I knew that (Score:3, Funny)
I misread, I thought it said unexplained.
My Bad
Protection Racket (Score:2)
Um, standards? (Score:2)
Doesn't everybody know this?
oh! oh! (Score:2)
The Samba team have NOT licensed any MS patents (Score:2, Informative)
The summary is misleading or mistaken.
The Protocol Freedom Information Foundation (PFIF) made a one-off copyright payment of 10,000 Euros to Microsoft in return for documentation of the protocols. The PFIF is allowed to pass on to the Samba developers information gleaned from the documentation, and the Samba developers are allowed to release source code based on what they have learnt.
MS were required to offer this deal to all comers after they lost their European anti-trust legal case.
The agreement re
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I'd dearly love to know what difference it has made.
It certainly didn't do any harm to Samba before. All that it's doing is conceding turf for no reason whatsoever.