Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

Rackspace accused of patent infringement for hosting Github

scribd.com

Post reply on HN
Print view View original

31–40 of 189 posts

Re: Rackspace accused of patent infringement for hosting Github

#31

Post by ktizo »

wbond wrote: post #20
skymt wrote: post #12

The patents in question: http://www.google.com/patents/US5978791 http://www.google.com/patents/US6415280 http://www.google.com/patents/US6928442 http://www.google.com/patents/US7802310 http://www.google.com/patents/US7945539 http://www.google.com/patents/US7945544 http://www.google.com/patents/US7949662 http://www.google.com/patents/US8001096 http://www.google.com/patents/US8099420

The titles of the patents: 5978791: Data Processing System Using Substantially Unique Identifiers to Identify Data Items, Whereby Data Items Have the Same Identifiers. 6415280: Identifying and Requesting Data in Network Using Identifiers Which Are Based On Contents of Data. 6928442: Enforcement and Policing of Licensed Content Using Content-based Identifiers. 7802310: Controlling Access to Data in a Data Processing S…

From having a read through the claims of - 6415280: Identifying and Requesting Data in Network Using Identifiers Which Are Based On Contents of Data. - It appears they have patented using hashes as identifiers for the data that is hashed. Which is a bit like patenting the use of a shovel for digging.

Re: Rackspace accused of patent infringement for hosting Github

#32

Post by icelancer »

dfc wrote: post #24
mikey_p wrote: post #18

Some of these seem really questionable at first glance (note that I haven't read the entire patents yet) > United States Patent No. 6,415,280 "Identifying and Requesting Data in Network Using Identifiers Which Are Based On Contents of Data." This sounds alot like hashing the contents of a file to get and identifier for it. If anything it sounds like maybe Git itself violates this, but I thought that Git hashed the di…

I doubt jurisdiction was a deciding factor in who to sue. But I hated Civil Procedure so I could be wrong...

Jurisdiction is a huge factor when filing suits. IP lawyers do their best to move cases into Tyler, TX (or other backwoods cities) where the judges don't understand technology whatsoever. A popular tactic is to shake down porn companies for money using nuisance patent suits.

Re: Rackspace accused of patent infringement for hosting Github

#33

Post by andreasvc »

mikey_p wrote: post #18

Some of these seem really questionable at first glance (note that I haven't read the entire patents yet) > United States Patent No. 6,415,280 "Identifying and Requesting Data in Network Using Identifiers Which Are Based On Contents of Data." This sounds alot like hashing the contents of a file to get and identifier for it. If anything it sounds like maybe Git itself violates this, but I thought that Git hashed the di…

Isn't it pretty obvious that they would avoid suing a larger company like Amazon because they would be able to afford a good defense. A startup, on the other hand, is much more likely to settle to avoid spending a lot of money, even when it may seem that eventually they would win.

Re: Rackspace accused of patent infringement for hosting Github

#34

Post by genwin »

mrcharles wrote: post #3

How many of these ridiculous lawsuits will it take before lawmakers realize how bad software patents are? This will waste a lot of time and money for something that shouldn't even exist.

The more lawsuits the better for the lawmakers, who get campaign cash from both sides of the issue. Frivolous patents is somewhat a campaign finance problem.

Re: Rackspace accused of patent infringement for hosting Github

#35

Post by RandallBrown »

andreasvc wrote: post #33
mikey_p wrote: post #18

Some of these seem really questionable at first glance (note that I haven't read the entire patents yet) > United States Patent No. 6,415,280 "Identifying and Requesting Data in Network Using Identifiers Which Are Based On Contents of Data." This sounds alot like hashing the contents of a file to get and identifier for it. If anything it sounds like maybe Git itself violates this, but I thought that Git hashed the di…

Isn't it pretty obvious that they would avoid suing a larger company like Amazon because they would be able to afford a good defense. A startup, on the other hand, is much more likely to settle to avoid spending a lot of money, even when it may seem that eventually they would win.

Rackspace is no startup. They had more than a billion in revenue last year and they've been around since 1998.

Re: Rackspace accused of patent infringement for hosting Github

#36

Post by maratd »

WestCoastJustin wrote: post #27
tzs wrote: post #21

Earlier quoted context omitted.

Wrong Roosevelt. Teddy was President from 1901 to 1909, and died in January 19. The Prohibition amendment was ratified 10 days after he died, and took effect one year later. The Presidents who were in office during Prohibition where Woodrow Wilson, Warren G. Harding, Calvin Coolidge, Herbert Hoover, and Franklin D. Roosevelt. Franklin Roosevelt assumed office on March 4, 1933, when the effort to repeal it was already…

My memory is a little hazy but after the comments I went and look it up. Teddy was the police commissioner for New York city and liquor sales were banned on Sunday (this is where my thought of prohibition came from). I guess the goal was to sober people up for Monday's workweek. Anyways, he vigorous enforced this law.. playing into my original observation that he wanted this law rolled back.

> I guess the goal was to sober people up for Monday's workweek.

No.

http://en.wikipedia.org/wiki/Blue_law

Still enforced where I live, in Bergen County, NJ. A suburb of NYC. All retail outlets (other than groceries and restaurants) must be closed on Sunday. Definitely no alcohol sales.

> Anyways, he vigorous enforced this law.. playing into my original observation that he wanted this law rolled back.

The laws are still vigorously enforced and I don't think they're doing it because they want it repealed. Although they're enforcing them for entirely different reasons.

Re: Rackspace accused of patent infringement for hosting Github

#37

Post by andreasvc »

jpkeisala wrote: post #25
daenney wrote: post #10

Earlier quoted context omitted.

The gist (ha) is that Github and Rackspace themselves use some techniques that are described in those patents. Because of that they're now being sued for patent infringement. It's an 'obvious' patent troll, I doubt these patents would even hold up in court but 'till then...

How is it really possible that there are companies that just holds patents and are allowed to sue others who does things. No shame. What a world we are living at... This seems to be company who is suing Github and Rackspace. http://investing.businessweek.com/research/stocks/private/sn...

Applying for a patent is a costly and tedious process, so it's not strange the there are companies ready to take the work from individual inventor's hands. If that weren't allowed, large companies would have an advantage since they have a legal department. In any case, making a law against patent trolls would be difficult because if you require a minimum amount of non-patent work from them, they would simply meet that amount and keep on trolling. I think the solution is not to make rules against them specifically, but to change the incentives. First make sure patent applications are non-trivial. Second place the initial burden of evidence on the plaintiff to prove that their patent is actually being infringed.

But you're right, these people have no shame. But it's just not the patent troll, it's also a host of lawyers and judges who have interest in this stuff going on.

Re: Rackspace accused of patent infringement for hosting Github

#38

Post by api »

wbond wrote: post #20
skymt wrote: post #12

The patents in question: http://www.google.com/patents/US5978791 http://www.google.com/patents/US6415280 http://www.google.com/patents/US6928442 http://www.google.com/patents/US7802310 http://www.google.com/patents/US7945539 http://www.google.com/patents/US7945544 http://www.google.com/patents/US7949662 http://www.google.com/patents/US8001096 http://www.google.com/patents/US8099420

The titles of the patents: 5978791: Data Processing System Using Substantially Unique Identifiers to Identify Data Items, Whereby Data Items Have the Same Identifiers. 6415280: Identifying and Requesting Data in Network Using Identifiers Which Are Based On Contents of Data. 6928442: Enforcement and Policing of Licensed Content Using Content-based Identifiers. 7802310: Controlling Access to Data in a Data Processing S…

It would appear, based on many incidents underway at the moment, that the software patent apocalypse is beginning.

All software infringes something, so it should get interesting. Hopefully the absurdity will stink so badly that even the U.S. congress will do something.

Re: Rackspace accused of patent infringement for hosting Github

#39

Post by blktiger »

daenney wrote: post #10
iambot wrote: post #5

Could anyone translate the legalese into plain English for us lay-men.

The gist (ha) is that Github and Rackspace themselves use some techniques that are described in those patents. Because of that they're now being sued for patent infringement. It's an 'obvious' patent troll, I doubt these patents would even hold up in court but 'till then...

(Found this article online)[http://www.m-cam.com/patently-obvious/you-re-pirate-mr-grinc...] about PersonalWeb Technologies. I assume these suits are still going, anyone know anything about it?

Re: Rackspace accused of patent infringement for hosting Github

#40

Post by andreasvc »

icelancer wrote: post #32
dfc wrote: post #24

Earlier quoted context omitted.

I doubt jurisdiction was a deciding factor in who to sue. But I hated Civil Procedure so I could be wrong...

Jurisdiction is a huge factor when filing suits. IP lawyers do their best to move cases into Tyler, TX (or other backwoods cities) where the judges don't understand technology whatsoever. A popular tactic is to shake down porn companies for money using nuisance patent suits.

Do you really think it is because they supposedly don't understand technology? I've read that they are simply particularly "sympathetic" to patents over there, which is why there are a host of patent trolls / NPEs that have their mail address over there. This American Life had a good episode about it.
Post reply on HN