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 12:14:41 UTC