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BitTorrent - It's not just about copyright any more

groklaw.net

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Re: BitTorrent - It's not just about copyright any more

#3
post #2

From the patent abstract I have a hard time imaging that they will win this lawsuit. It's sort of like BitTorrent if you squint. Just BitTorrent provided by several central servers run by one company that wants to include DRM in every download from the system.

I'd like to believe that, but... I dunno. Things are crazy, and non-techies just don't understand technical things. It'll come down to how well the lawyers can convince the judge that this applies or doesn't apply.

Re: BitTorrent - It's not just about copyright any more

#4
One of the Groklaw commenters asserted how FTP and even "TCP-IP" are prior art (OK, he corrects himself to say they are listed as 'related art' - whatever.) But the commenter is missing the fact that the patent discusses distribution of smaller parts of the file by "spraying" it around. FTP and HTTP can transfer large files, but your HTTP client doesn't download a single large file in small chunks from several servers.

The more accurate prior art are the methods for transmitting large files via usenet: split large file, uuencode parts, distribute parts to several usenet hosts (where there's also some kind of negotiation about swapping parts between hosts.) Finally client obtains, decodes, and reassembles those parts.

Re: BitTorrent - It's not just about copyright any more

#5
post #4

One of the Groklaw commenters asserted how FTP and even "TCP-IP" are prior art (OK, he corrects himself to say they are listed as 'related art' - whatever.) But the commenter is missing the fact that the patent discusses distribution of smaller parts of the file by "spraying" it around. FTP and HTTP can transfer large files, but your HTTP client doesn't download a single large file in small chunks from several server…

ReGet and other "downloaders" for years have been able to download files in chunks, from mirrors, and even automatically find mirrors: http://deluxe.reget.com/en/mirrorsearch.htm

Re: BitTorrent - It's not just about copyright any more

#6
How about this:

1) Describe a system similar to the patent that is compatible with chunked-HTTP downloading from multiple mirror sites ( which has been around since before the patent )

2) Ask for declaratory judgement that such a system does not infringe on the patent

3) The troll will fight back, let them 'win', i.e. make them prove the system you describe is the same as their patent

4) Reveal the system is prior art => invalidate the patent

5) Profit?

EDIT: IANAL, but just thinking out loud....

Re: BitTorrent - It's not just about copyright any more

#7
post #5
post #4

One of the Groklaw commenters asserted how FTP and even "TCP-IP" are prior art (OK, he corrects himself to say they are listed as 'related art' - whatever.) But the commenter is missing the fact that the patent discusses distribution of smaller parts of the file by "spraying" it around. FTP and HTTP can transfer large files, but your HTTP client doesn't download a single large file in small chunks from several server…

ReGet and other "downloaders" for years have been able to download files in chunks, from mirrors, and even automatically find mirrors: http://deluxe.reget.com/en/mirrorsearch.htm

But you need to define "for years." Since before 1997? If so, then it becomes significant. If not, it's just another infringer.

Re: BitTorrent - It's not just about copyright any more

#8
post #7
post #5

Earlier quoted context omitted.

ReGet and other "downloaders" for years have been able to download files in chunks, from mirrors, and even automatically find mirrors: http://deluxe.reget.com/en/mirrorsearch.htm

But you need to define "for years." Since before 1997? If so, then it becomes significant. If not, it's just another infringer.

I know at least GetRight was first released in February of 1997[1]... dont know if there is anything older than that... probably some command line tools though...

Also usenet downloading by parts has been around before that, from memory at least 1994-1995

[1]http://en.wikipedia.org/wiki/GetRight

Re: BitTorrent - It's not just about copyright any more

#10
post #7
post #5

Earlier quoted context omitted.

ReGet and other "downloaders" for years have been able to download files in chunks, from mirrors, and even automatically find mirrors: http://deluxe.reget.com/en/mirrorsearch.htm

But you need to define "for years." Since before 1997? If so, then it becomes significant. If not, it's just another infringer.

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