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  1. #1
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    Angry Micro$oft Patents Emoticons

    M$ is attempting to patent custom emoticons...not theirs, YOURS!
    Bob
    The best time to plant a tree is twenty years ago. The second best time is now.
    - African Proverb

  2. #2
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    1) This will never be enforced.
    2) I thought this was only for smilies which are transformed in real-time. For example, MSN transforms as you type, whereas AIM transforms it after the message is sent.

  3. #3
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    19. The method as recited in claim 14, wherein the retrieving further includes: checking for the pixel array on a local storage medium; if the pixel array is not located in the local storage medium, then attempting to establish a direct link with a sender of the communication to retrieve the pixel array from a storage medium associated with the sender; and if a direct link to the sender cannot be established, then retrieving the pixel array through a server between the sender of the communication and the recipient of the communication.
    21. A system, comprising: a means for performing real-time communication between a first computing client and a second computing client; a means for sending a real-time first communication that includes a character sequence representing the graphics data of an emoticon; a means for sending the graphics data of the emoticon in a separate communication from the first communication; and a means for replacing the character sequence in the real-time first communication with the graphics data from the second communication.
    If you read it properly they're not trying to patent emoticions but they way MS and in particular MSN Messenger processes and transmits emoticions (and in point 19, the way in which a browser or client will fetch an emoticon if it is not stored locally).

  4. #4
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    I believe that software patents are one the most idiotic things ever. This specially applies to software patents that are generalizing and covering large area. They are trying to patent process of downlading/saving smilies from buddy you are chatting with.

  5. #5
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    I don't see that software patents are any different from any other type of patent - someone developed the process and they are more than entitled to protect it. If Microsoft's way of handling emoticions is unique from most other IM's, they developed the mechanism, and it provides them with a competitive advantage, why should they not be able to patent it?

    And they're not patenting simply the way of "downloading and saving", but the way the emoticion is located if it is not stored locally (i.e. on the client machine). They will check to see whether it exists on the server and the peered computer.

    Now you may have a point on restrospectively applying patents - there should be a limitation as to when you can apply. It's stupid being able to apply for a patent for a technology/process that is already in widespread use.

  6. #6
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    Software has copyrights, not patents... software patents are rubbish.

  7. #7
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    They're two distinctly different concepts. I fail to see how software patents differ from any other type of patent. Perhaps you just think patents in general are rubbish?

  8. #8
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    Okay, my original post was meant to be a *little* tongue in cheek. I guess I should have added a smiley.

    I agree they are trying to patent the process of matching custom made smileys to the characters that represent them, not the smileys themselves. Even that I don't like. I can't argue convincingly that they shouldn't be granted the patent. I just don't like it.

    It represents to me a lot of what's bad about Microsoft...that is, stretching the law to increase their control over everything we do on a computer.
    Bob
    The best time to plant a tree is twenty years ago. The second best time is now.
    - African Proverb

  9. #9
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    It's arguable that there are much worse offenders in this arena though (SCO/Compuserve as two examples). IMHO Messenger's emoticons are among the best around (not that that has any relevance to this ...)

  10. #10
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    I still remember when SBC went after sites for using frames. Don't hear about that anymore...
    73's, Kim
    Everything happens for a reason I make up.

  11. #11
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    Originally posted by -T{H}R-
    They're two distinctly different concepts. I fail to see how software patents differ from any other type of patent. Perhaps you just think patents in general are rubbish?
    Let me just say "One click checkout"

    Software is written word and there is almost unlimited number of ways to achieve the same result using very different process/platform/environment. Software patent would apply on all these ways/platforms/environments even if it will never be used on them.

    This patent is good example of why software patents suck. Patents should be there to help inventors gain profit from their original invention and not help corporations gain a profit from something that is natural development of software only because they have pockets deep enough that they can throw on patenting process. In this example they could prevent me using this feature in my messenger software which does not run on windows at all and this feature has been considered for long time now (partially already implemented by displaying contact photos in the messenger window / very similar mechanics) .

  12. #12
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    Software patents are very controversial and, indeed, there are two sides to the issue. One side says that since there are so many ways and implementations to write a given piece of software that it just isn't fair for a company to patent the entire idea, as that idea can often be applied in a multitude of other projects. The other side says that a software patent is like any other patent -- a company is registering its idea so others can't use it without authorization.

  13. #13
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    These patents are idiotic. I could see patenting a very specific software application, but, a specific means of retrieval of emoticons? This is stifling innovation and hurting the consumer. The only people that really make out on stuff like this are lawyers.

    /I should have patented the war on terrorism. Oh crap, blog coming on.

  14. #14
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    Originally posted by sasha
    Let me just say "One click checkout"
    Yes, I was aware this was going to make an entrance into the topic at some point. I undoubtedly agree that it shouldn't be an option to patent a metaphor as it's really not the process that's being patented in this case as, rightly said, the implementation can differ vastly.

    Unfortunately software is extremely complex in that sense. It's a matter of having a happy balance.

  15. #15
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    When I saw the title I was expecting to see Microsoft trying to patent the entire concept of emoticons

  16. #16
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    I personally think software patents would be hell. It would probably increase piracy (no opensource = I'll just crack your lousy software).
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