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 Forum index » Meta » Various & Sundry
Microsoft Patents "Interactive Entertainment"
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vpisteve
Asshatministrator


Joined: 30 Sep 2002
Posts: 2441
Location: 1987

Microsoft Patents "Interactive Entertainment"

No joke. Confused

http://weblog.siliconvalley.com/column/dangillmor/archives/001066.shtml

"The U.S. Patent & Trademark Office is out of control. This is definitive proof."

Ozy? Can't wait to hear from you on this.

PostPosted: Wed Jun 04, 2003 6:03 pm
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Ozy_y2k
Unfettered


Joined: 25 Sep 2002
Posts: 460
Location: Carmel, Indiana

Based on what I've been able to make head or tail of out of the claim filed with the U.S.P.T.O. (I'm not a techie, so some of the techspeak sailed clear over my widdle head), they are attempting to essentially patent a process for "video-on-demand" (VOD) delivery of movies, sort of similar to a TiVO-meets-your-average-neighborhood-digital-cable-box type thingy. I think some of the critics of this approach may be jumping the gun a little bit here; it's not like MS is attempting to patent the CONCEPT of VOD (although I can see why commentators could reasonably jump to that conclusion after reading just the summary description of the proposed patented process). Instead, I think they're attempting to patent a particular form of DELIVERY of VOD, which is certainly within the scope of a reasonable use of the patent powers. Keep in mind that this is just an application for a patent claim as far as I can tell; the actual patent itself has been granted, but can still be contested if PTO or a patent court thinks that MS hasn't described it's claim with the requisite level of specificity to distinguish it from "prior art" (either already-patented technology, or technology which is so common that it's already in the public domain and thus unpatentable).

They're kind of threading the needle a bit on what's allowable here, though. As the commentator on EmbeddedWatch.com who broke the story noted:

Quote:
Reading Microsoft's own document, an astute legal observer might opine that Microsoft is merely attempting to patent a program guide for an on-line video system, rather than the complete end-to-end concept of interactive entertainment. While indeed the patent summary does give that initial impression, a more detailed reading indicates that Microsoft may be using the programming guide as a wedge.

That's because, further down in the text, the patent appears to claim the invention of networked interactive entertainment. According to Microsoft's patent document, "The interactive entertainment network system of this invention has a headend [effectively, the tape machine connected to the transmitter at the cable company's facility-editor] connected to multiple user interface units in individual homes via a distribution network, such as cable, RF, and/or satellite network. The headend provides full-length video content programs to user "set-top boxes." The headend also supplies previews, which are known as "trailers" in the film industry, about the programs."


I dunno if it necessarily follows from the paragraph he quotes that Microsoft is claiming that it INVENTED the concept of networked interactive entertainment, though. When I read it in the context of the patent app, it appears to indicate that MS is just acknowledging the existence of this concept as an essential element of its specific network application.

In other words, claiming that you built (and should be allowed to patent) a better mousetrap while acknowledging that it includes the time honored concepts of Bait, Spring-Loaded Trap, and Disposal Mechanism does not necessarily mean that you are claiming that you also invented the above three concepts. It merely means that you are using them as shortcut descriptors to define the parameters of what IS truly unique about your invention.

O

PostPosted: Wed Jun 04, 2003 7:38 pm
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