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Port's Pot
Thursday, 31 July 2008
Would Microsoft Buy VCSY?
Mood:  a-ok
Now Playing: Antipasta Dinner - Noodle Haters of America debate macaroni (spagetti logic)
Topic: Growth Charts

This is regarding the 20 for 1 split in 2000 that left almost 1billion shares in the float. You might call it a porcupine fish - anything trying to swallow more than half of the thing strangles on the last little bit.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=217838

By: mertonoptions0
31 Jul 2008, 09:31 PM EDT
Msg. 217838 of 217839
Jump to msg. #  
The more I think about MSFT may want to buy a stake in VCSY to get some of their money back. Now we know the float is big so it would take some time for them to get it done. That would mean a lot of buying pressure and steady rising PPS.

(Voluntary Disclosure: Position- Long)

We all know using paid posters to mitigate public image is something documented among industry players. Is there any reason that should not be true on long message boards?

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=217839

By: mertonoptions0
31 Jul 2008, 09:34 PM EDT
Msg. 217839 of 217840
Jump to msg. #  
That might be why the bashers are hanging around.

(Voluntary Disclosure: Position- Long)


Posted by Portuno Diamo at 9:38 PM EDT
Updated: Saturday, 2 August 2008 11:58 AM EDT
Wednesday, 30 July 2008
Making Babies Means Money
Mood:  happy
Now Playing: Hopping On The Hog - Animal rights parade turns into broohaha (reality animal house)
Topic: Growth Charts

Quack Quack. Smells like a duck. Dinner.

Well worth reading. Puts Settlement + Stipulation quite well.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=217164

By: scdawgfan
29 Jul 2008, 10:42 PM EDT
Msg. 217164 of 217178

for what it is worth...

I have been a shareholder since before the split and some of you may remember me from one of the other forums. I have been visiting this site on a daily basis for about 8 yrs now, but I don't think I have posted before. If so, it was a long time ago and probably under a different handle.

Anyway, I thought I might be able to share some insight on the recent legal developments...for whatever it is worth. I am a lawyer in SC and primarily handle civil litigation matters as defense counsel. I confess that in over 10 yrs of practicing, I haven't handled a single patent infringement case. Not much call for that here. However, I regularly handle cases in the US District Court for the District of SC and I have mediated and negotiated many settlements of a variety of types of civil cases.

I am surprised that the questions raised by several of you over the past couple of days have not been answered by another lawyer by now, but I thought maybe I should at least share my experience.

First, let me say that the filing of the mediator's report was wonderful news to me. I have been hoping for a settlement ever since the news broke about the suit being filed. Had this case gone to trial, we would like be several years from a resolution. I've yet to see a defense lawyer walk across the courtroom after a plaintiff's verdict and whip out a checkbook. And the larger the verdict, the greater the likelihood of an appeal. Thus, I am glad a settlement has been reached. In this case, a bird in the hand, regardless the size, is better than two in the bush.

Second, as for the forms, they appear to be fairly standard. The mediator's report typically does not contain any details of settlement terms and is usually brief and to the point. In this case, given the hearing date of 7/25, of it was probably necessary to get the report filed in order to get the hearing canceled. The stipulation of dismissal is also a fairly standard (and brief) document. The fact that it includes the language "with prejudice" simply means that all claims that were brought as part of this action are dismissed with finality and cannot be brought again. Sometimes dismissals are made without prejudice when a plaintiff wants to buy time from a trial roster or may not have the right defendant, but is not certain and doesn't want to extinguish the right to file suit against the same party again. Anyway, it simply means that all parties agree this matter is over.

It is customary for settling parties to pay their own lawyers and costs. However, that does not mean that the settlement figure does not take VCSY's fees into account. The settlement documents might not say it specifically, but I have been in many mediations where I have negotiated settlement figures based upon the estimated net recovery of the plaintiff. Otherwise, what's the point. Until you get to numbers large enough for the plaintiff to pay their lawyers and costs, you are not giving the plaintiff any incentive to settle the case.

Like most of you, I have spent the last several days dreaming about the possibilities and quite frankly, love the idea of early retirement. However, I am trying, though very difficult, to keep some perspective. After all, many of us have spent the last 8 yrs or so thinking about what we could have done with the money if we had only sold at 6 bucks. To be honest, I had serious doubts that days like Monday would ever return. It almost seemed surreal. I hope this is our last laugh, but we need to be patient and let it play out.

The speed with which technology improves has enabled us to monitor federal court filings in almost real time now. This type of monitoring has only been available for a few years (at least in SC, but we usually get things last). Anyway, back in the day, we would have only heard about this filing if a newspaper or other media outlet reported it by having someone monitoring the filings by actually flipping through them at the courthouse. Now we have that luxury. As a result, we have come to expect information to be released faster than ever before.

It is not unusual for a case to settle at mediation and not actually be "wrapped up" for weeks depending upon the complexity of the terms and the time it takes to get the money. Thus, I have been reminding myself of this fact for the past few days and trying to be patient. The filing of the stipulation could be very significant however. I have never signed a stipulation of dismissal and sent it for filing before the actual settlement agreement was fully executed and I would expect that a case like this with heavy hitting lawyers involved would be no different. Thus, I am expecting and hoping that we will see some news with more specifics very soon.

As for all the speculation, I am not going to engage in that kind of stuff on this board. I have some thoughts and I also hope some of the things I've read on here will actually happen, but I don't see the point in arguing about details we no nothing about. It's funny how some folks on here will take a shot in the dark on some point and if they turn out to be correct, however so brief, they proclaim themselves to be some kind of authority on every other unknown issue of debate.

I have been typing for awhile now and apologize for the rambling. I will leave with this...I am very confident that VCSY came away with something significant from this settlement. I do not believe Niro would have risked his reputation on a "penny stock" without a damn good reason. That said, I would be surprised if VCSY got what some of you have opined would be "full value" for its claims. Settlements are about compromise and evaluating risks associated with trial, both financial and intangible (i.e. media coverage). Hopefully, VCSY had the goods as we all believe and that was enough leverage for it to come away with a significant settlement that is either large enough to put us on the map as a legitimate tech company or configured in such away that we become big fans of MSFT because of a partnership of some degree. While not impossible, it is rare for one party to walk away from a mediated settlement with the feeling that they really stuck it to the other party. Typically, one party pays more than they want to and want party accepts less than they want to...all in the name of avoiding the possibility of verdict that is a nightmare. Money is a motivator, fear is too. When the two are used together, deals can get done.

Good luck to us all. We have already come a long way back. We may not wake up to gapped up price of $5 that spares us from the gut wrenching experience of the roller coaster, but hey...at least we are getting to ride again.

SCDAWGFAN


- - - - -
View Replies »

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

Isn't it nice to have the services of an attorney for free by way of socializing technology... also free? Thanks SCDAWGFAN. Remember from the treefort days at programmers heaven. Nice to have old gang post again.


Posted by Portuno Diamo at 12:04 AM EDT
Updated: Wednesday, 30 July 2008 12:32 AM EDT
Monday, 7 July 2008
Fractured Fairytales
Mood:  hug me
Now Playing: Looking Back - Nostalgic nuances in networking nuglets (prime and proffer)
Topic: Growth Charts

I'm posting this on Yahoo so readers will have other things to read besides the juvenile antics being perpetrated by Al and his cohort kalafella aka tepe on Raging Bull VCSY. You'll see the thing played out over there, I'd rather not sully the place with trashy things and intentional ignorance.

To wit:

One of the things in Rapid Robert's 50+ reasons to buy VCSY. This was back when it was about 47. No, I won't post them in their entirety... all at once. 

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=186098

The press release BY VERIZON on the importance of web hosting by NOW Solutions 'emPath' is noteworthy for another reason, IT IS THE FIRST CLIENT OF VERIZON. The list is rapidly growing NOW.

"Verizon Business Powers 'Software-as-a-Service' Business Model for NOW Solutions Inc.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=173593

"NOW Solutions Rolls Out Web-Based HR Software Suite, Supported by Verizon Business Data Center Services With Built-In Security and Reliability

BASKING RIDGE, N.J., Jan. 16 /PRNewswire/ -- Verizon Business Data Center Services are supporting NOW Solutions Inc.'s rollout of a new Web-based human resource management software service designed to help businesses perform key personnel functions including payroll, performance reviews and benefits administration. Verizon Business services are providing round-the-clock access and a secure, robust environment for delivering NOW Solutions' new delivery model of its emPath(R) portfolio of human resource software services.

The NOW Solutions software is now built on an increasingly popular model known as software-as-a-service (SaaS) in which the applications are hosted by the vendor, rather than the customer, and delivered as a service over the Web to help control set-up and operational costs. When delivered as an SaaS service, the emPath human resources management system (HRMS) helps to minimize the strain on companies' internal information resources and infrastructure capacity."

AND, InfoWORLD even mentions NOW Solutions in their story about Verizon:

http://weblog.infoworld.com/realitycheck/archives/2007/01/how_verizon_saa.html

"The fact that Verizon Business Data Center Services, a division of Verizon Communications, announced a hosting contract with Now Solutions, a software as a service [SaaS] provider for human resources solutions, probably went unnoticed by most people."

http://www.canadianprivacyinstitute.ca/clients.html

"Canadian Privacy Institute
The Canadian Privacy Institute offers information, tools and education alternatives to help meet the practical challenges of the privacy and security of information.

A private organization, the Institute is an information resource to all organizations conducting business in Canada."

http://h71000.www7.hp.com/partners/index.html

"HP OpenVMS Systems
Following is a list of featured OpenVMS partners. This list includes partners that have ported their applications to HP Integrity servers (Integrity ready) and partners that have submitted certification letters (Integrity certified).

For a comprehensive list of all known OpenVMS applications, see the OpenVMS Application Status Report."

And, HP updated their website for their PARTNER NOW SOLUTIONS, and 'emPath'.

http://cms.eservices.hp.com/PrintableVersion/1,2921,,00.html?TARGET=%2Fdspp%2Fmop%2Fmop_partner_product_detail_IDX%2F1%2C1331%2C18417%2C00.html

(more at URL)
------------

 


Posted by Portuno Diamo at 10:01 PM EDT
Updated: Monday, 7 July 2008 10:13 PM EDT
Saturday, 14 June 2008
Rectum? Damn near killed him!
Mood:  caffeinated
Now Playing: Pile Driver - Proctologist faces construction crew with grievances (medical curiosities)
Topic: Growth Charts

I've been refraining from digging into Sharepoint very much since I don't go looking for trouble. But, when I see a "bridge out ahead" sign, I can't restrain my curiosity. I simple must go see what a bridge out ahead looks like.

So, now that we see Raymond Niro saw fit to draw a bead on Sharepoint, I thought we should use our free and public information source aka The Internet to see just what dingle berries have been hanging off  our fair Sharepoint over time. Like I've said many times before, people are careless and clues fall off all the time.

Let's educate ourselves about the kind of issues Sharepoint brought over its development history shall we? Perhaps we can divine just where the moorings for that bridge that fell off into the river were anchored.

(I'll depend on you doing your homework and reading the entire article below, but I'll provide some specifics we'll use as markers in our study of where Sharepoint's been and where the breadcrumbs lead.)

Here's a useful place to begin:
http://www.informit.com/articles/article.aspx?p=391848

Five Things Wrong With SharePoint

  • By Mike Drips
  • Jul 8, 2005

    Collaboration is what Microsoft's SharePoint is best at. But there are several real problems with it... and somehow, nobody's been talking about them. That is, until Mike Drips arrived. And boy, does he have strong opinions.
  • 1. It's a crappy mish-mash of multiple technologies.
    [Microsoft] behaviors certainly did not build much goodwill in the [Java] developer community. ...the inner workings of SharePoint, you find a great many of the core files are written in JavaScript! Jscript supposedly is a supported .Net language...but certainly not enough to educate or support developers. ...any Microsoft courses on programming in JavaScript? No.

    2. The development team is playing the Longhorn card.
    the next release of SharePoint will probably occur in 2007. That's four years of no product improvement. Microsoft is besmirching its reputation as being market driven by allowing its development teams to sit on their hands waiting for Longhorn to ship. How do these teams justify getting a paycheck? (me: fascinating. Developers sitting on their hands? Why would they not be aggresively developing?)

    3. There are two SharePoint products, which is confusing.
    ...SharePoint Services is a subset of SharePoint Portal Server...Microsoft fails to adequately document and differentiate between the two products throughout its Web site. ...consistently fail to clarify the differences between the two products, even though they have white papers on this very subject on the Microsoft Web site... SharePoint Services is like the junior edition of SharePoint Portal Server. (Hmmmm. Very interesting.)

    4. Support for SharePoint is lacking.
    My insider tip is to look for references on why you shouldn't use FrontPage (the SharePoint kiss of death editor) and explanations of "ghosting;" don't buy a SharePoint book that doesn't explain "ghosting." (me: something we'll return to in time, no doubt)

    5. Microsoft has not stated a strategic direction for SharePoint.
    ...Microsoft hasn't laid out a roadmap for SharePoint's future at all. Originally, SharePoint was a competitor for pure portal products like PlumTree, with some document library features stolen from Documentum. Now, SharePoint has been positioned as a team collaboration tool.

    (more at URL)
    --------------

    OK. So far no smoke but we're looking for patterns for marking so we can track them through time. Now, look at what we see in a reply to Mister Drip's commentary:

    http://www.andrewconnell.com/blog/archive/2005/07/08/1699.aspx
    RE: Things Wrong about "Five Things Wrong With SharePoint"

    posted on Friday, July 08, 2005 5:05 PM via Paul Schaeflein

    Here are some of my main "issues" with SharePoint:
    1. Minimal seperation of presentation and data (see: ghosting/unghosting). WHY this is even in SharePoint. Once a page is opened in FrontPage and saved, the UI is now locked. If your company has a rebranding campaign or wants a uniform look and feel, you're stuck... (me: OK let's bookmark that because it rings a bell)
    (more at URL)
    -----------
    And then, there's this bit here:

    Microsoft Dogged By Sharepoint Support Issues - Study

    By Kevin McLaughlin, ChannelWeb
    4:36 PM EST Wed. Jan. 30, 2008

    Office Sharepoint Server 2007 is a workflow and collaboration engine that integrates with the Office platform and features Web content management, enterprise content services, enterprise search, and business process and business intelligence tools. Increasingly, it's also being used as an application development platform.
     
    (more at URL)
    -------
     
    And the blip about an application development platform (precisely where SiteFlash takes off) is here:

    http://www.crn.com/software/205801189

    Revving Up The SharePoint Engine

    By Kevin McLaughlin, ChannelWeb
    12:00 AM EST Mon. Jan. 28, 2008
    From the January 28, 2008 issue of ChannelWeb
     
    What used to be viewed as a collaboration application has morphed into a full-blown application development platform that ISVs and solution providers are leveraging to streamline business processes.

    The fact that organizations are using SharePoint to develop mission-critical applications for both intranets and extranets...shows that SharePoint has come a long way from its roots in collaboration.

    "What we're seeing with SharePoint is that people finally see it as a platform to build applications on, as opposed to it being seen as just a collaboration tool," said Eamonn McGuinness, CEO of BrightWork, a Boston-based SharePoint ISV. "I think people are realizing they can build serious business applications on SharePoint 2007."

    (me: ahhhh, now we're getting somewhere. From a mess for collaboration to an application development platform within a few years and no doubt Niro's people would want to discover the background for development here.)

    Many ISVs are also developing tools that automate business processes for day-to-day tasks like purchase, policy and document approvals.

    SharePoint includes functions for all the different parties involved in the process: ...

    (more at URL)
    -------

    There are a field of items in the above article alone that can be seen to relate to the things taught by SiteFlash and the 6826744 patent.

    I won't drag it all out in this one post but there is certainly enough to indicate some striking similarities to the way SharePoint has grown from "collaboration" to "application development platform" that will illuminate what something equipped with the kind of claims in 744.

    We'll do much more digging since I do believe Microsoft has been careless in their headlong rush to dominate a market before they are called to account for how they got that market.

    No wonder the MSFT claims construction is so delicate not to call 744 "obvious". That would harm their own claim to any IP they've developed while creating the different versions of Sharepoint over the past few years.

    And, no doubt, there is a mountain of information amongst MSFT clients and partners that could have informed the Niro campaign without having to crack a single book inside MSFT.

    This sounds like we're getting into some interesting territory now.


    Posted by Portuno Diamo at 1:23 AM EDT
    Updated: Saturday, 14 June 2008 2:41 AM EDT
    Friday, 6 June 2008
    I have a little place in Ventura near the freeway.
    Mood:  a-ok
    Now Playing: Can't Get Off the Loop - Man leaves for work and never comes home (comic adventure)
    Topic: Growth Charts

    Good news for those trying to peer through the veil of stealth over VCSY's operations:

    New information system will improve service in human resources 

    By Barbara Black 
    May 8, 2008 issue 

    A more reliable, more accessible system should be able to handle many more functions than is possible now. Areas in need of improvement include: position control, tracking time and attendance, automation of forms and processes, and query tools for reporting, among others. Benoit Pantaloni is an actuarial science graduate working at Concordia on a short-term contract as project manager for the implementation of a new HRIS. He has worked in HRIS system development and implementation for more than 10 years in both the private and public sector, notably at hospitals. Under his guidance and that of a steering committee, Concordia will get a new HR system called emPath, version 6.4.

    “The licence of the new system was bought at almost no cost in 2007,” Pantaloni told the Journal. “emPath, from Now Solutions, was less expensive than PeopleSoft and Banner-HR. It had better functionalities than Banner and was by far the easiest of the three systems to implement.”

    The new system is web-based, which will make it easily accessible from other departments, Pantaloni explained. Because it is built using modern technology and techniques, it will require less frequent customization for our needs.

    (more at URL

    How can anybody make money selling services cheap? The secret in this new age of web-based service is volume. The idea is to collect over time rather than a one time shot. Want another opinion?

    Try this:

    Scaling the cloud, deflating the price of software
    June 5th, 2008
    Posted by Phil Wainewright @ 5:07 pm

    After a week of intensive usage last December getting his company’s application to run against Amazon’s SimpleDB cloud database, DreamFactory founder and CTO Bill Appleton wondered how big a bill he’d run up. To his amazement, what had seemed like a week’s heavy usage had cost just a few cents. The discovery was an epiphany both for Appleton and for CEO Eric Rubin. They had stumbled upon what seemed to be a new economic reality for cloud-based application software.

    First of all, as Appleton told me in January, “Usage-based pricing is as disruptive to on-demand as on-demand was to enterprise software.” On-demand pricing of anywhere between $30 and $300 per user per month has challenged the high implementation and maintenance costs of conventional on-premise software. But now there’s a new threat to the traditional monthly per-user subscription pricing model for on-demand applications, in which every user pays the same flat (or should that be fat?) all-inclusive price, irrespective of usage.

    The second element of DreamFactory’s secret sauce is that its local client architecture means that it has to maintain minimal infrastructure of its own. “We’re using other people’s servers and our customers’ clients and it drives the cost into the ground compared to enterprise applications,” Appleton told me back in January.

    (more at URL)
    ---------------

    This paragraph from the above article brings to mind the facility of VCSY's patent 7076521 technology which can fill in on client or server to perform the kind of data transport/processing/transactioning necessary to build distributed processing services as typified by products described in the following paragraph:

    "What’s really exciting about Gears, DreamFactory, AIR and Silverlight is the ability to use the client’s processing resources instead of exclusively overloading the server side of the infrastructure (the architectural failing that has made Twitter suffer so much of late)."

    As you can see, the 521 technology allows something like TPC (Transactional Process Facility) to be built giving the kind of operating system structures that were built into mainframes like the IBM360, but built using the interenet as a transport infrastructure and useing the client computing resources as thought they belonged to the overall computer architecture.

    This allows for virtual computer architectures that are unlimited in scope and reach because any resource may be interconnected by the distributed 7076521 agent.

    That virtualization of all resources on any platform allows the builder to create computer structures of any size and any complexity limited only by the ability to connect via internet to any platform.

    That capability is backed up by the claims in patent 6826744 allowing for distributed frameworks to manage and operate the desired functional nodes.

    So, where software makers of the past depended on customers buying the software in successive installations, the new technologies provide for continuous operation and transparent upgrades and usage with identifiable value demonstrated over long periods of uninterrupted time.

    Ultimately the monolithic operating system hits a saturation point while distributed operators can always find another point to perform transactions.

    Not getting it? Not a surprise. Distributed architectures and the nodal transactioning operations needed to accomplish such are foreign to the average computer user. Even programmers bog down when trying to map out what kinds of operations need to happen locally to integrate with the distributed whole.

    Don't see how it's done systemically? Answer? 744. Get used to it, cutie. The world is going to be completely different. This ain't your grandfathers computing platform.


    Posted by Portuno Diamo at 4:32 PM EDT
    Updated: Friday, 6 June 2008 9:11 PM EDT
    Wednesday, 4 June 2008
    Crapping in a bucket is the beginning of civilization.
    Mood:  happy
    Now Playing: Digging a Hole - Frat rats can't graduate so they try to gnaw their way out (children's story)
    Topic: Growth Charts

    From March 17, 2000:

    http://www.townsend.com/resource/publication.asp?o=4350

    Typically, after a "Markman" hearing, the successful party will file a motion for summary judgment on patent infringement and/or validity, which is granted with increasing frequency. Accordingly, the importance of the "Markman" hearing in patent litigation cases cannot be overstated.

    (more at URL)
    ---------------

    Quite interesting one of Microsoft's patents for new software modeling concepts cites VCSY's patent 6826744 as prior art.

    The Markman Hearing (described by the article in 2000) set in place a means by which the court (not a jury) is able to decide the matters of language at issue in a patent.

    The patent language is quite clear AND the current unveiling of advanced capabilities by IBM and Adobe demonstrates just how radically different even a small, marginal application of the patent concepts can have large over-arching consequences and impact on the use of software to advance productivity.

    The Markman Hearing coming up will decide whether the language in the patent puts the advantage in VCSY's corner or in Microsoft's corner.

    If Microsoft felt strongly enough they could win based on the language contentions, they would have already filed a request to re-examine the VCSY patents.

    Microsoft just lost an important re-examination effort ( http://uk.reuters.com/article/technology-media-telco-SP/idUKN2033736120080521 ) against another small company MSFT is trying to crush by continuous litigation and pressure.

    Instead, MSFT uses the "illegal application" claims they hope will step beyond the Markman Hearing and buy them time to the trial in March 2009.

    Big gamble. Especially when the Markman Hearing could bring a summary judgement against MSFT.

    And, as for "obviousness", why weren't the kinds of concepts described by the VCSY patent in 1999 more easily developed by the software industry? Shoots the "obvious" position right in the head, doesn't it? Especially when Microsoft, who's had every opportunity to show just how "obvious" the 6826744 patent is, has not been able to use those concepts in public since the 744 patent was granted in November 2004... the period that began Microsoft long slow slide into irrelevance on the web.

    From http://en.wikipedia.org/wiki/KSR_v._Teleflex#Obviousness

    Wiki on KSR v. Teleflex

    "One of the ways in which a patent's subject matter can be proved obvious is by noting that there existed at the time of invention a known problem for which there was an obvious solution encompassed by the patent's claims."[3]
    [3] Syllabus and Opinion of the Court, 2007-04-30
    http://www.supremecourtus.gov/opinions/06pdf/04-1350.pdf

    (just wanted you folks to have the real thing instead of "interpretation")

    Did there exist at the time of invention a known problem?

    Yes indeed. The world has needed a mechanism by which they may be able to handle content, format and functionality without regard for the platform those items have been created by and without confinement to those platforms when attempting to combine those three bodies of software facility.

    What was the time of invention? 1999. Nine years ago. Folks "skilled in the art" have had nine years to work things out.

    Was there was an obvious solution? LOL Do any of you see something back then that can do what the patent claims?

    I mean REALLY "encompassed by the patent's claims"?

    Read 6826744
    http://www.google.com/patents?vid=USPAT6826744
    A central claim is in the abstract.
    'A system and method for generating computer applications in an arbitrary object framework."

    In other words, building computer applications using ANY code body or fragment from ANY platform in combination with ANY other code body or fragment from any platform to build applications which will run on ANY platforms.

    Based on information from the claims construction briefs, Microsoft is attempting to limit the meaning of the word "arbitrary" because they know the ability to build software using ANY combination of code/platform would have been a paramount industrial desire during the dotcom days all the way to current. IBM Jazz is the only framework, in fact, that is claiming to do just that. Microsoft wants the word "arbitrary" to mean something vastly different than "ANY state from ANY state".


    Posted by Portuno Diamo at 12:17 AM EDT
    Updated: Wednesday, 4 June 2008 12:22 AM EDT
    Sunday, 25 May 2008
    What we need to do is do the to do list.
    Mood:  cool
    Now Playing: Ford's Empire - Experts argue wisdom of assembly line manufacturing for software (wood panel)
    Topic: Growth Charts

    So, when the patent describes the ability to construct applications using fragments of any code, the advance in the patent is the ability to provide the kind of arbitration facilities necessary to knit PIECES of programs of any kind into other applications. Thus, if you see specific capabilities in other applications and you want to combine them together into an integrated application, what part of Frontpage would you use?

    Think about it now. I see fragments and modules of source code and I want to apply the functionalities represented by the code in my application. In Frontpage you have to rewrite the code to conform to your development platform to get it into the monolithic application. In SiteFlash, the development platform conforms to the code and absorbs the arbitrated code fragment into the integrated application.

    ANY source code? That's what the brief is saying. It's the way I read it because I know what virtualization can accomplish. Arbitration CAN BE but is not always a result of virtualization. There must be a well articulated and granular ability to specify functionality across the entire project and across a single requirement case at the same time.

    ANY source code? Or (I would assume) any binary file that can be run on bare metal... Why not? It's what VCSY is saying when they say "objects" may be anything data.

    From the VCSY claims construction brief: 

    An arbitrary object is simply a program piece that can be retrieved by using only its name.

    Microsoft disregards this critical intrinsic evidence and instead selectively collects self-serving specific examples and language to improperly import them into the claims.

    Microsoft needs to demonstrate it can provide the following list of data bodies as arbitrary objects to be used anywhere:

    These arbitrary objects may include encapsulated legacy data, legacy systems and custom programming logic from essentially any source in which they may reside. Any language supported by the host system, or anylanguage that can be interfaced to by the host system, can be used to generate an object within the application. (Column 2, lines 29-34, Exhibit A.)
    * * *
    Arbitrary objects can include text file pointers, binary file pointers, compiled executables, scripts, data base queries, shell commands, remote procedure calls, global variables, and local variables. (Column 3, lines 43-46, Exhibit 

    We'll cover what you can do if you're able to simply name any part, piece, fragment or whole of any data object including applications and use any combinations of a library of named objects as an integrated application including any content, any format specifications or executions, any functionality... all from any resource in any form.

    What can you do with something like that?


    Posted by Portuno Diamo at 1:42 PM EDT
    Updated: Sunday, 25 May 2008 2:53 PM EDT
    Wednesday, 21 May 2008
    Twin bumps don't mean mumps.
    Mood:  don't ask
    Now Playing: Roach Hotel - Insects occupy a small box because they themselves are small bugs (children's show)
    Topic: Growth Charts

    There are all sorts of liars in the world but the worst liar is someone who takes your identity and uses it to discredit you.

    That kind of person is capable of any kind of lying.

    From the comments section of Microsoft-Watch
    portuno diamo :

    Microsoft won't have a chance to experience Web 2.0 unless it pays up to use patent 744. The entire computing world, including Open Source, will have to pay up to use that billion dollar patent and only Vertical Computer System has it. 744 has a lock on XML, something that Vertical was smart enough to predict back in 1999.

    Anyone who's listened to me for the last 8 years will become RICH beyond their wildest dreams, once Vertical comes out of "stealth" mode and Wade really lets the stock take off!

    portuno :

    I did not make the comment posted as: "Posted by portuno diamo | May 21, 2008 10:25 AM"

    This website allows any username on comments and someone thinks it's a clever trick to impersonate me.

    Those of you familiar with my writing knows I don't use the kinds of words used in that particular comment.

    Somebody must be plenty desperate to have to resort to that kind of trickery to detour readers.


    Posted by Portuno Diamo at 9:10 PM EDT
    Updated: Wednesday, 21 May 2008 9:46 PM EDT
    Thursday, 15 May 2008
    What's prior art when you have a Da Vinci?
    Mood:  a-ok
    Now Playing: Flaming Furries - Skunks get too close to basement furnace and become frantic stink bombs (awful scenes)
    Topic: Growth Charts

    Did you ever get  through with a conversation and say "gee, I wish I had said..."? Well, the Yahoo posting forum format doesn't allow for much follow up because, when you do follow up, those who don't want you to read can easily bury the comments with their own innane postings.

    So, if you can't stomach reading the Yahoo VCSY board (believe me. more sympathetic I could not be.), I thought you might need to see the MVC discussion from Yahoo put in a more capsulated view.

    Therefore, I'll chop and paste my words of relevant revelation to the heathen who rage too much.

    PLUS, there are things I wanted to say after I had already posted there, so these posts distilled into this post will also have additional verbiage by me and some editorial corrections (also by me - it's all about me, me, me.).

    Concerned about authenticity and purity? Read the Yahoo posts associated with the timestamps to see just what is new and what is old.

    So, (just imagine you've dropped into the middle of a conversation).

    begin thread: http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_V/threadview?

    m=tm&bn=33693&tid=4155&mid=4155&tof=5&rt=1&frt=1&off=1

    pick up @ 14-May-08 02:37 pm

    portuno: Can ANYBODY tell us what is "gibberish" about the claims in 744?
    http://www.google.com/patents?vid=USPAT6826744

    sw_mail: Yes, 744 is a framework that implements the MVC design pattern, first described by Trygve Reenskaug in 1979. Yet, 744 is dated 2004. The facts hurt. http://en.wikipedia.org/wiki/Model-view-controller

    computerguy: I'm a professional Java developer who does a lot of work with MVC in Swing GUIs. I had no idea the pattern was that old. Thanks for the link!

    portuno: Notice the "professional Java developer" makes my case all by himself with the words: "does a lot of work with MVC in Swing GUIs".

    We're talking about much more than a GUI model controller, "computerguy". We're talking about extending what facility and wonders MVC can accomplish with interfaces into the actual fabric and material of the elements being used to construct the applications.

    Read the next post then see if you can understand where you shot whoever sent sw_mail the link before the guy even got out the door.

    portuno: MVC

    LOL

    This is going to be good.

    "In MVC, the Model represents the information (the data) of the application and the business rules used to manipulate the data, the View corresponds to elements of the user interface such as text, checkbox items, and so forth, and the Controller manages details involving the communication to the model of user actions such as keystrokes and mouse movements."

    If MVC desribes any prior art,m it is prior art already accounted for in the Siteflash patent in the discussion about content management as a prior art.

    MVC
    A) Model - information (the data AND the business rules - in other words the workflow)
    B) View - elements of the user interface
    C) Controller - activity manager between the model and the user.

    Thus, an interface control mechanism.

    SiteFlash
    A) Content - information (the data)
    B) Format (the form in which the data is presented)
    C) functionality (the workflows applied to the data within the format)

    Thus, an integrated application.

    Very telling the list of MVC implementations is so large, yet, the patent examiner never made any reference to any of those listed. Also very telling, the list of MVC implementation is very large, yet, none of those implementations is capable of creating anything as integrated in all three facets of software construction.

    If you haven't noticed, MVC forgets about the "functional program". MVC occupies the space between the modeled program behaviour and the user as an interface controller... not as a functionality integrator.

    Siteflash treats the program as simply another component to be integrated with content and format. MVC assumes you already have the program crammed together with the content (and we know that doesn't work in "arbitrary" ways - precisely why all those implementations listed are proprietary programming languages and not capable of handling all components in an arbitrary fashion.

    portuno: This: "In MVC, the Model represents the information (the data) of the application and the business rules used to manipulate the data, the View corresponds to elements of the user interface such as text, checkbox items, and so forth, and the Controller manages details involving the communication to the model of user actions such as keystrokes and mouse movements."

    Is THAT what Microsoft lawyers are going to hang the company's future on?

    So, please explain how this achieves an arbitrated framework for ANY content, ANY format and ANY functionality of an application.

    You're dong what even Microsoft did in challenging this patent - you're using easily seen abstracts to blow smoke over the deeper values in virtualization and the arbitrating quality that virtualization has on the components of an application construction.

    If MVC were an architecture like 744, there would BE no individual proprietary languages as listed in the wiki article. The need for the incremental refinements offered by those languages would have been swallowed up in one MVC framework capable of presenting all languages as one arbitrated field of commands.

    And, if the patent examiner missed that one, you'll have to explain how Microsoft failed to adequately challenge the patent when they tried the first time.

    Basically what you've got in MVC is a pattern generator. What you have in 744 is an ecology creator for full development of applications during the entire life cycle as contained in the application. The development ecology IS the application... and you can't get that out of MVC.

    Nice try but it's most likely Microsoft is going to be shoveling dirt into the oncoming tide with that stance.

    But, we're glad somebody out there is sending you clowns some script material. You've been sucking your own incompetence before somebody came to your rescue.

    So, your turn. Demonstrate, please, precisely how and where MVC supercedes what 744 claims to do.

    sw_mail: And how does the .net framework violate 744?

    portuno: Did I step on your toes?

    end thread.

    I guess I stepped on sw_mail's fingers. Or else he's trying to find more script from some more relevant engineer.

    Here's another conversation.
    begin thread @ http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_V/threadview?

    m=tm&bn=33693&tid=4186&mid=4186&tof=8&frt=1

    pick up at 14-May-08 03:35 pm

    sw_mail: And how does the .net framework violate 744?

    (me: this appears to be a big question for sw_mail aka computerguy aka vcsy_is_pest).

    portuno: Read this: http://www.microsoft-match.com/content/developer/net_35_sp1_changes_your_expression.html
    and we'll talk later after you catch your breath.

    portuno: BUT of course you really need to know software architecture and understand what you're reading both in a patent and in technical specifications.

    That was just a wikipedia article about MVC but it tells the story in a basic way for laymen. Once you do some exploration, you realize why all the traditional procedural languages never advanced into the web-application arena SiteFlash and MLE/Emily occupy.

    No wonder it looks "obvious". It looks almost like what they do when they build a GUI. Except, Siteflash isn't a GUI nor a GUI builder alone. SiteFlash is a developmental ecology for applications. It's a creating framework for building other creating frameworks from which operating systems and applications and, yes, even more MVC fashioned languages can be built.

    The idea is that you can plug any content you have, any (what the patent is meaning when you read "arbitrary". just say "any" when you read "arbitrary" and you'll beging to see the scope. It's a virtualization platform for any content and format. In other words a Microsoft "Expression" but more. ONE OF THE THINGS Siteflash can do is to act as a content/format manager for any website you want to connect to any legacy equipment you have. BUT WAIT! Content managers or ok but it's been done before. In fact, it's what ALL there is in that "designer" discipline.

    Microsoft missed a great opportunity to combine their Visual Studio's development platform with their Expression designer platform. Imagine being able to be a designer AND a developer AT THE SAME FREAKING TIME.

    They didn't but SiteFlash can. So we now have the concept of a stylist who can build functionality where before, with the kind of programming environments Java Joe has at his hands, anyone that wants to build an application has to have someone to build the programming code and someone completely different building the content into a formatted web page. If the two of you work well, you can build some pretty fantastic web services - of course Microsoft is going to have to perfect their interoperable capabilities over internet. They can't even demonstrate much of it in their own proprietary ranks, much less doing that kind of thing on the web.

    SiteFlash offers, at one level, precisely what any web designer would like to be able to do... without a programmer. Content, format is old hat. That's what MVC represents; automating the display of content. Call it Automatic Television. That's what Microsoft's future is going to be because they can't combine the kind of virtualization architecture to allow them to combine content and format AND functionality.

    AND THAT is only the beginning.

    I do appreciate the gift sw_mail gave all us VCSY longs since it's the only piece of "prior art" any skeptic has pointed to that somewhat looks like SiteFlash.

    But, MVC really doesn't even look like SiteFlash once you actually read the material. And it certainly doesn't do what SiteFlash can do. Those who are passing MVC around as a "prior art" are doing an intellectually dishonest service to those they pass that idea around to, or they really do not know what needs to be done in the software construction arena to meet next-generation needs.  

    So, now that we know where the "prior art" is, perhaps we can have some real developers (and I mean REAL developers) study the information on the vaunted MVC methodology, then come back and give it to the 744 patent with both barrels.

    Come on, guys and gals. ONE of you must have the hot sauce to argue the situation. I mean, you're all betting your careers that Microsoft doesn't need something like SiteFlash.

    And, if you're open-source, you're staring at something that could strip your third-party business to the carcass very quickly.

    end thread.

    There's much more but I'll wait a bit to post since you're going to need time for your little eyeballs to absorb it all.


    Posted by Portuno Diamo at 9:17 AM EDT
    Updated: Friday, 16 May 2008 3:26 PM EDT
    Wednesday, 30 April 2008
    And before that, I was a buggy whip snapper...
    Mood:  suave
    Now Playing: Lost Horizons - Out of work writers make up new stories for their curriculum vittles (tragic humor)
    Topic: Growth Charts

    I like reading Joe Wilcox's column at Microsoft-Watch because I enjoy watching trends and reversals. Joe is an honest hearted guy who is willing to say so when he sees he's been driving on the service road instead of the highway.

    So, this article here about SaaS Sasses Windows is a turning point I've been anticipating for a long time. Now that the revelation is in, perhaps we all might be able to have some fun dissecting this pickled frog labelled "Microsoft technology" in detail.

    But FIRST, snookywookums, you need to do a little homework. I know you're just a baby, but, the sooner you start learning about the new world, the less disrupted your old world will be.

    Joe noted this article in his blog:

    I suggest you sharpen your pencil, stick it in your ear all the way until it pokes out the other side (just to let in a little fresh air) and READ.
    In the meantime, I'll start stacking in some reading material.
    We'll have this place looking like a real life cultist reading room before you know it.

    Posted by Portuno Diamo at 3:18 PM EDT
    Updated: Wednesday, 30 April 2008 3:32 PM EDT

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