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

Re: Rackspace accused of patent infringement for hosting Github

#71

Post by kiba » Tue, Sep 18, 2012, 6:44 PM UTC

luriel wrote: post #67

defen wrote: post #58

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? All through history patents have always hindered innovation and progress, and there is plenty of research to back this up: http://levine.sscnet.ucla.edu/general/intellectual/against.h... I think it should be obvious by now for anyone that we are well past the point where the system is fixable, the only solution is to…

I read Tim Wu's The Master Switch, and even there patents are often used as a weapon to monopolize or terrorize competitors.

Re: Rackspace accused of patent infringement for hosting Github

#72

Post by luriel » Tue, Sep 18, 2012, 6:44 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…

Yea, right, just look how well that has worked to end the insanely counterproductive and vicious drug prohibition we have to endure now.

Re: Rackspace accused of patent infringement for hosting Github

#73

Post by mcphilip » Tue, Sep 18, 2012, 6:46 PM UTC

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…

Sample complaint against Google re: 5978791

------------------

INFRINGEMENT OF U.S. PATENT NO. 5,978,791 12.

On November 2, 1999, United States Patent No. 5,978,791 (the “’791 patent”)was duly and legally issued for an invention entitled “Data Processing System Using Substantially Unique Identifiers to Identify Data Items, Whereby Identical Data Items Have theSame Identifiers.” PersonalWeb was assigned the ’791 patent and continues to hold all rightsand interest in the ’791 patent. A true and correct copy of the ’791 patent is attached hereto asExhibit A.13.

Google has infringed and continues to infringe the ’791 patent by its manufacture, use, sale, importation, and/or offer for sale of its products and services utilizing Google’s Query-Serving System and Google’s File System and its contributing to and inducement of others to manufacture, use, sell, import, and/or offer for sale infringing products. Google is liable for its infringement of the ’791 patent pursuant to 35 U.S.C. § 271.14.

------------------

Re: Rackspace accused of patent infringement for hosting Github

#74

Post by davewicket » Tue, Sep 18, 2012, 6:49 PM UTC

Not a link.

Re: Rackspace accused of patent infringement for hosting Github

#75

Post by maratd » Tue, Sep 18, 2012, 6:49 PM UTC

luriel wrote: post #67

defen wrote: post #58

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? All through history patents have always hindered innovation and progress, and there is plenty of research to back this up: http://levine.sscnet.ucla.edu/general/intellectual/against.h... I think it should be obvious by now for anyone that we are well past the point where the system is fixable, the only solution is to…

Nice sentiment. I share it. It's also a waste of breath.

> trolls, oligopolies and lawyers

Every member of that group is well funded, highly connected, and very aggressive.

They are ready to devote untold resources to crush your sentiment and should that fail, to redirect your reform efforts into a more palatable outcome.

Every piece of legislation is a compromise between competing interests and their competing interest guarantees that the system will never be abolished.

A far more successful strategy would be to chip away at the fringes. Add restrictions and more bureaucracy until the system becomes cumbersome for even the most resourceful player to use. Bit by bit, piece by piece. Add complexity until it collapses on its own.

Re: Rackspace accused of patent infringement for hosting Github

#76

Post by geoka9 » Tue, Sep 18, 2012, 6:50 PM UTC

defen wrote: post #58

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".…

I don't think software patents in the US will be abolished any time soon. The affected parties that have the most clout with the lawmakers (large software companies) chose to hoard up billions in patent portfolios for themselves, instead of lobbying for a patent reform. I can't imagine them writing off those huge assets; it's a deadlock now.

Re: Rackspace accused of patent infringement for hosting Github

#77

Post by hcarvalhoalves » Tue, Sep 18, 2012, 6:52 PM UTC

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…

My wild guess is that 90% of the software systems ever developed are infringing those patents.

What else left to patent? "Method and apparatus to read a bit"?

Re: Rackspace accused of patent infringement for hosting Github

#78

Post by ktizo » Tue, Sep 18, 2012, 7:00 PM UTC

jackalope wrote: post #69

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…

Pragmatism prevailed once it was discovered how much wine it actually takes to weaken a bear.

My bear history is a bit shaky. I thought that weak bears were against the US constitution, as bears have a right to be armed as a defence against presidents who want to turn them into stuffed toys. Have I got that right?

Re: Rackspace accused of patent infringement for hosting Github

#79

Post by [deleted] » Tue, Sep 18, 2012, 7:01 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.

[deleted]

Re: Rackspace accused of patent infringement for hosting Github

#80

Post by snowwrestler » Tue, Sep 18, 2012, 7:02 PM UTC

defen wrote: post #58

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".…

Patents cover areas of technology where developing a solution that can be commercialized at scale is much, much more expensive than software. Without patents, how is a pharma company expected to pay the enormous cost of research, development, and FDA approval of new drugs? Let's not let obvious flaws in software IP protection condemn the concept of patents in general.