Rackspace accused of patent infringement for hosting Github • Hacker News Board

Re: Rackspace accused of patent infringement for hosting Github

#51

Post by russell » Tue, Sep 18, 2012, 6:03 PM UTC

api wrote: post #38

wbond wrote: post #20

Earlier quoted context omitted.

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.

And you think that a Congress that lets the economy slide towards depression in favor of the rich at the expense of the rest of us really gives a damn about patent reform. Except for what their handlers want.

Apologies. This comment is not worthy of a HN regular, but I am feeling really cranky these days.

Re: Rackspace accused of patent infringement for hosting Github

#52

Post by krrose27 » Tue, Sep 18, 2012, 6:04 PM UTC

Tuna-Fish wrote: post #47

krrose27 wrote: post #41

Rackspace isn't the only one being sued by the troll today. Rackspace[1] Nexsan[2] Yahoo[3] It also appears that this is the second round. (From 2011) Caringo[4] NEC Corportation[5] Google[6] EMC/Vmware[7] [1] http://www.scribd.com/doc/106190890/PersonalWeb-Technologies... [2] http://www.scribd.com/doc/106190872/PersonalWeb-Technologies... [3] http://www.scribd.com/doc/106190829/PersonalWeb-Technologies... [4] http:/…

My google-fu is failing me, how did the round 1 end?

Using PACER it appears all of the 2011 cases are still active and are in discovery. They are all set for trial in November of 2014.

Re: Rackspace accused of patent infringement for hosting Github

#53

Post by ktizo » Tue, Sep 18, 2012, 6:07 PM UTC

api wrote: post #38

wbond wrote: post #20

Earlier quoted context omitted.

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.

My current mental model for how the software patent issue is likely to progress is roughly along the same lines as the Kessler syndrome, but with legal action taking the place of orbital debris.

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

Re: Rackspace accused of patent infringement for hosting Github

#54

Post by shreyansj » Tue, Sep 18, 2012, 6:08 PM UTC

ktizo wrote: post #31

wbond wrote: post #20

Earlier quoted context omitted.

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.

Perhaps someone should file a patent for assigning values to a variable!

Re: Rackspace accused of patent infringement for hosting Github

#55

Post by ChuckMcM » Tue, Sep 18, 2012, 6:10 PM UTC

api wrote: post #38

wbond wrote: post #20

Earlier quoted context omitted.

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.

Seriously, beginning? Patent-a-geddon has been on-going for a couple of years now. Its like a forest fire though, the more stuff burns the vortex effect sucks in more fuel and causes even more burning.

Re: Rackspace accused of patent infringement for hosting Github

#56

Post by conradfr » Tue, Sep 18, 2012, 6:11 PM UTC

WestCoastJustin wrote: post #6

The patents were issued and the law must be enforced. You might not like it -- so change it! Reminds me of when Teddy Roosevelt vigorously enforced prohibition to the point that is really pissed people off. The point that I gleaned from this was that he wanted people to stand up and change the law. I hope that patent trolls raise a stink and enforce their rights because it will hopefully lead to change. UPDATE: see c…

Or move to Europe.

Re: Rackspace accused of patent infringement for hosting Github

#57

Post by icelancer » Tue, Sep 18, 2012, 6:15 PM UTC

andreasvc wrote: post #40

icelancer wrote: post #32

Earlier quoted context omitted.

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.

A close friend of mine defends major smartphone companies as well as other tech companies. He's told me the average presiding judge has no idea how to connect to the Internet, much less understand JPG compression (an actual case my friend worked on).

It's probably both.

Re: Rackspace accused of patent infringement for hosting Github

#58

Post by defen » Tue, Sep 18, 2012, 6:18 PM UTC

I can't view the link because it's expired, so I'll just post my rant here.

The entire point of patents, as delineated in the U.S. Constitution, is "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." So patents are a means, of securing an end, which is "the progress of science and useful arts". Is anyone actually arguing at this point that our current patent regime is accomplishing this end? Would the world be a better place if git and github did not exist, and the only entity that could use the technologies in these patents were the patent holders?

Re: Rackspace accused of patent infringement for hosting Github

#59

Post by eckyptang » Tue, Sep 18, 2012, 6:20 PM UTC

krrose27 wrote: post #41

Rackspace isn't the only one being sued by the troll today. Rackspace[1] Nexsan[2] Yahoo[3] It also appears that this is the second round. (From 2011) Caringo[4] NEC Corportation[5] Google[6] EMC/Vmware[7] [1] http://www.scribd.com/doc/106190890/PersonalWeb-Technologies... [2] http://www.scribd.com/doc/106190872/PersonalWeb-Technologies... [3] http://www.scribd.com/doc/106190829/PersonalWeb-Technologies... [4] http:/…

Basically anyone likely to be able to afford to pay up.

Re: Rackspace accused of patent infringement for hosting Github

#60

Post by russell » Tue, Sep 18, 2012, 6:23 PM UTC

ceejayoz wrote: post #28

Interesting that Level3 - yes, that Level3 - is a 50% owner of the patents.

It would seem that Level3 has a chance to be a hero by licensing these patents to whomever for a nominal fee.

Edit: replying to the comments. Licensing for a nominal fee isnt pure, but it is practical. It would certainly discourage the trolls. I dont think you can put something in the public domain if you are only a partial owner.