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RE: Software Patents Prior Art: lack of due diligence by the LARGEST SOFTWARE COMPUTER IN THE WORLD

From: Richard M. Smith <rms@computerbytesman.com>
Date: Tue, 2 Sep 2003 13:04:39 -0400
To: "'web-plugins'" <public-web-plugins@w3.org>
Message-ID: <009b01c37174$4c258c20$550ffea9@rms>

If Microsoft ever chooses to sue anyone over this patent, it sounds like
you can be hired as an expert witness to overturn it.

Richard

-----Original Message-----
From: Hector Santos [mailto:winserver.support@winserver.com] 
Sent: Tuesday, September 02, 2003 12:13 PM
To: Richard M. Smith; 'web-plugins'
Subject: Re: Software Patents Prior Art: lack of due diligence by the
LARGEST SOFTWARE COMPUTER IN THE WORLD



----- Original Message ----- 
From: "Richard M. Smith" <rms@computerbytesman.com>
To: "'web-plugins'" <public-web-plugins@w3.org>
Sent: Tuesday, September 02, 2003 11:21 AM
Subject: RE: Software Patents Prior Art: lack of due diligence by the
LARGEST SOFTWARE COMPUTER IN THE WORLD


>
> You'll need to read over the claims section of the Microsoft patent to
> see what they actually invented.


I claim:


1. In a computer system having an update service computer in
communication
with a remote customer's computer over a network,

HLS: been there.

... the update service computer having access to a database identifying
software remotely available to the customer's computer over the network,

HLS: done that

...wherein at least one item in the database identifies computer
software
installable on the remote customer's computer,.....

HLS: HA!  Our is better, we allow for ZERO ITEMS which means you don't
have
any products or your subscription has expired!

... a method for providing computer software available for installation
on
the remote customer's computer, the method comprising:

HLS:  Check!

... generating an inventory of the remote customer's computer, the
inventory
identifying computer software installed on the remote customer's
computer;

HLS: Check!

...comparing the inventory of the remote customer's computer with
software
remotely available to the customer's computer over the network as
indicated
in the database to identify computer software available for installation
on
the remote customer's computer but not installed on the remote
customer's
computer;  presenting a list at the remote customer's computer
displaying
the identified computer software available for installation on the
remote
customer's computer but not installed on the remote customer's computer;

HLS: Check!  Our AUP system does this in 3 steps:

Call/Connect #1:   First time registration check, Check for AUTOUPDATE
Wizard Update.  If new, send it to client and disconnect.   If
Subscription
expired,  Wizard will present with an order entry form!.

Call/Connect #2,  New wizard restart, request for update, send list of
registrated products to client and disconnect.  The list comprised of a
"language" that defines variaty of information, including multiple
levels of
determining version updates.

AUP now compares list across current system.

Call/Connect #3:   Reconnect and request for update against, this time
sending the list of files it wants. Server sends new files using ZMODEM
protocol to assist it the automatic detection of recovery errors, etc.
Disconnect.

AUP backs up updated files to be replace, places new files, etc, etc.
etc.
This is all too easy MAN!

.... from the list displaying the identified computer software available
for
installation on the remote customer's computer but not installed on the
remote customer's computer, accepting a selection selected at the remote
customer's computer indicating computer software to be downloaded and
installed on the remote customer's computer; and to the remote
customer's
computer, downloading the computer software to be downloaded and
installed
on the remote customer's computer.

HLS Yada yada! BORING!

2. The method of claim 1 further comprising:

from the remote customer's computer, collecting payment information for
the
computer software to be downloaded and installed on the remote
customer's
computer.

HLS! Please tell me something new!

3. The method of claim 2 wherein the payment information is collected
over
the network.

4. The method of claim 1 further comprising:

displaying a report summarizing the computer software in the list for
consideration by a user at the remote customer's computer when
determining
which of the computer software in the list to select.

HLS:  BORING!

5. The method of claim 1 further comprising:

accepting an indication at the remote customer's computer indicating the
computer software to be downloaded and installed on the remote
customer's
computer is to be downloaded during a subsequent communications session.

HLS: COPY CAT!

6. The method of claim 1 further comprising:

accepting an indication at the remote customer's computer indicating the
computer software to be downloaded and installed on the remote
customer's
computer is to be downloaded during a subsequent communications session;
and

accepting an indication of how to reach the remote customer's computer
to
establish the subsequent communications session.

HLS:  HA!  Our system works with RS232 dialup and TELNET!  So there!

7. The method of claim 1 further comprising:

accepting an indication at the remote customer's computer indicating the
computer software to be downloaded and installed on the remote
customer's
computer is to be downloaded during a subsequent communications session;
and

accepting a telephone number of the remote customer's computer for
telephoning when establishing the subsequent communications session.

HLS!  COPY CAT!

8. The method of claim 1 further comprising:

accepting an indication at the remote customer's computer indicating the
computer software to be downloaded and installed on the remote
customer's
computer is to be downloaded during a subsequent communications session;

accepting a telephone number of the remote customer's computer for
telephoning when establishing the subsequent communications session; and

setting the remote customer's computer in an answer mode to answer
incoming
calls.

HLS! HA!!!  We offer a 800 number!!! so there!!!

9. The method of claim 1 wherein the selection is achieved by accepting
user
input at the remote customer's computer.

HLS:  Boring!

10. In a computer system having an update service computer in
communication
with a remote customer's computer over a network, the update service
computer having access to a database identifying software remotely
available
to the customer's computer over the network, wherein at least one item
in
the database identifies computer software installable on the remote
customer's computer, a method for selling computer software available
for
installation on the remote customer's computer, the method comprising:

HLS: Stop repeating the same thing!

[skip - same of rehashed claims chopped]

11. The method of claim 10 further comprising:

to the remote customer's computer, downloading the computer software to
be
purchased for the remote customer's computer.

HLS: Boring!

12. The method of claim 10 further comprising:

collecting credit card information from the user for electronic purchase
of
the computer software to be purchased for the remote customer's
computer.

HLS: Ditto!

13. The method of claim 10 wherein the computer software to be purchased
for
the remote customer's computer comprises an upgrade to computer software
purchased on storage media.

HLS: Boring!

14. The method of claim 10 further comprising:

displaying a list of retail outlets close to the remote customer's
computer
where the software to be purchased for the remote customer's computer
can be
purchased on storage media.

HLS:  Ok, you got me there!

15. An update service system connected to a network, the update service
system comprising:

HLS: Ditto!

16. The update service system of claim 15 wherein the means for
determining
a list of computer software available for installation on the remote
customer's computer but not installed on the remote customer's computer
is
operable to limit the list to maintenance updates.

HLS: Ditto!

17. The update service system of claim 15 wherein the means for
determining
a list of computer software available for installation on the remote
customer's computer but not installed on the remote customer's computer
is
operable to limit the list to new versions of computer software already
installed on the remote customer's computer.

HLS: Ditto!

18. The update service system of claim 15 wherein the means for
determining
a list of computer software available for installation on the remote
customer's computer but not installed on the remote customer's computer
is
operable to limit the list to new help files.

HLS: Ditto!


19. The update service system of claim 15 further comprising:

means for sending, to the remote customer's computer, the computer
software
indicated by the selection of computer software from the list of
computer
software available for installation on the remote customer's computer
but
not installed on the remote customer's computer.

HLS: Ditto!


20. The update service system of claim 19 further comprising:

means for collecting, from the remote customer's computer, reconnection
information for establishing a subsequent communications session for
sending
the computer software indicated by the selection of computer software
from
the list of computer software available for installation on the remote
customer's computer but not installed on the remote customer's computer;
and
means for reconnecting to the remote customer's computer via the
reconnection information.

HLS: Client calls SERVER!  This is nothing.

21. The update service system of claim 20 wherein the reconnection
information comprises a telephone number of the remote customer's
computer
for establishing a connection with the remote customer's computer via
telephone.

HLS: See 20

22. The update service system of claim 20 wherein the reconnection
information comprises a time at which to establish the subsequent
communications session with the remote customer's computer.

HLS: See 20

23. A computer-readable medium comprising computer-executable
instructions
for performing the following in a computer system having an update
service
computer in communication with a remote customer's computer over a
network,
the update service computer having access to a database identifying
software
remotely available to the customer's computer over the network, wherein
at
least one item in the database identifies computer software installable
on
the remote customer's computer, a method for providing computer software
available for installation on the remote customer's computer:

HLS: Been there!

[chop]

22 of 23 probably means the patent is no good!

We don't need to put a list of vendors in our AUTOUPDATE system because
we
are not selling other people software.   Well, we do but that product
becomes another licensed items that is registered to the user when they
purchase it.  It is added to the database and the user will get updates
thru
the AUP just like all the rest of his registered items.  But we haven't
this
for 3rd party developers in a long time because today, they have they
own
web site update system.

This patent is silly and non-enforceable.

As for the rest of the patent, it describes a method using a specific
syntax.   This falls more under a copyright protection.  This should had
never been a patent, but unfortunately the current environment allows
it..
Anyway, I'm not worry about it. This is technically off topic but it
just
goes to show that Microsoft is just a bad as the rest of the people they
are
trying to defend against.

Sincerely,

Hector Santos, CTO
Santronics Software, Inc.
http://www.santronics.com
305-431-2846 Cell
305-248-3204 Office
Received on Tuesday, 2 September 2003 13:07:13 UTC

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