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Port's Pot
Friday, 27 March 2009
From the Other Side of the Mouth
Mood:  accident prone
Now Playing: "Slap Stick" What they used to use on students (history)
Topic: Announcements
But, seriously, folks...
 
 

Who's strong enough to make Microsoft keep a secret?

From http://messages.finance.yahoo.com/Stocks_(A_to_Z)/Stocks_V/threadview?m=tm&bn=33693&tid=18020&mid=18020&tof=1&frt=2

From comments to this:

http://www.microsoft-watch.com/content/web_services_browser/cloud_manifesto_is_microsoft_afraid_of_rain.html

portuno_diamo :

These are from a "cloud manifesto" on wikipedia:

1. User centric systems enrich the lives of individuals; education, communication, collaboration, business, entertainment and society as a whole.

2. Philanthropic initiatives can greatly increase the well-being of mankind.

3. Openness of standards, systems and software empowers and protects users.

4. Transparency fosters trust and accountability; decisions should be open to public collaboration and scrutiny and never be made "behind closed doors".

5. Interoperability ensures effectiveness of cloud computing as a public resource; systems must be interoperable.

6. Representation of all stakeholders is essential; interoperability and standards efforts should not be dominated by vendor(s).

7. Discrimination against any party for any reason is unacceptable.

8. Evolution is an ongoing process in an immature market; standards may take some time to develop and coalesce.

9. Balance of commercial and consumer interests is paramount.

10. Security is fundamental, not optional.

As reported by Mary Jo Foley, a Microsoft representative won't comment on whether these points are in the top-secret "cloud manifesto" Microsoft has been asked to sign.

I thought everybody said nobody can keep a secret?

What kind of power is behind a document that prevents Microsoft’s Senior Director of Development Platform Management Steven Martin from speaking?

One would have to ask Steve Ballmer which of these 10 tenets Microsoft finds so onerous. There seem to be quite a few in there that have run counter to Microsoft's demonstrated way of doing things, so I would have to say "all the above".

I would caution Mister Ballmer to use a rare better judgment and sign what he can see.

It's the things one can't see that end up bringing nightmares into the barn.

Posted by portuno_diamo | March 27, 2009 7:56 AM 

Posted by Portuno Diamo at 8:38 AM EDT
Saturday, 16 August 2008
The Markman Hearing That Didn't Happen
Mood:  accident prone
Now Playing: Historic Markers - Whiteboard incident turns into national monument (Cartoons)
Topic: Announcements

(Me: I'm glad to see Microsoft talking more openly now but we should remember exactly why and how they found their tongue.)

http://www.marshallnewsmessenger.com/news/content/news/stories/2008/072408_web_microsoft.html
Patent hearing in federal court Friday


Wednesday, July 23, 2008

Lawyers representing Vertical Computer Systems and Microsoft will gather in federal court here Friday for a pretrial hearing in the patent infringement lawsuit Vertical has filed against the computer giant.

Known as a "Markman" hearing, Friday's session will allow the judge to hear testimony from both parties on the appropriate meanings of the relevant key words used in the claims of a patent, the infringement of which is alleged by Vertical, the plaintiff.

To hold a Markman hearing in patent infringement cases has been common practice since it was determined by the U.S. Supreme Court in the 1996 case of Markman v. Westview Instruments, Inc., that the language of a patent is a matter of law for a judge to decide, not a matter of fact for a jury to decide. Magistrate Judge Charles Everingham will preside over the 1:30 p.m. hearing.

Vertical Computer Systems, based in Fort Worth, is suing Microsoft for patent infringement related to Microsoft's .Net framework for building Windows-based software.

Vertical filed suit on April 18, 2007, in U.S. District Court for the Eastern District of Texas alleging that Microsoft has infringed on its Patent No. 6,826,744 for "a system and method for generating computer applications in an arbitrary object framework," so that "each may be accessed or modified separately."

The patent — filed in 1999 and awarded in 2004 — is for Vertical's SiteFlash technology, which utilizes XML (Extensible Markup Language) to create a component-based structure to build and efficiently operate Web sites, according to the company's Web site.

The complaint says Microsoft is still willfully infringing on the patent despite Vertical having put Microsoft on notice about it on Feb. 7, 2007.

Vertical, which describes itself as a global Web services provider, is asking for a jury trial.

On July 13, 2007, Microsoft filed an answer to Vertical's complaint, alleging various defenses and counterclaims. On Aug. 2, 2007, Vertical filed a reply to Microsoft's defenses and counterclaims.

The court has set trial for March 2009.

The parties are in the process of discovery.

(end article)
---------

(Me: But the Markman Hearing didn't happen because Microsoft settled with VCSY.)

http://blog.seattlepi.nwsource.com/microsoft/archives/144577.asp

Todd Bishop's Microsoft Blog

Microsoft settles patent lawsuit over .Net

Microsoft has reached a settlement in a patent-infringement lawsuit filed last year by Vertical Computer Systems, according to a filing by the mediator in the case: PDF, 1 page. The Fort Worth, Texas, company's complaint alleged that Microsoft's .Net development system violated a patent issued to Vertical in November 2004.

The court docket doesn't reveal financial details or other information about the settlement. I've contacted a Microsoft representative and Vertical Computer's lawyer, and I'll update this post depending on the response.

Here's a copy of the original complaint: PDF, 4 pages. This InfoWorld article from last year has more background on the case.

(Thanks to the tipster who alerted me to this.)

Posted by Todd Bishop at July 28, 2008 12:13 p.m.
Category:

----------

(Me: On the day of the scheduled Markman Hearing, Microsoft pledged to change their ways.)

http://www.pcworld.com/businesscenter/article/148952/microsoft_stodgy_or_innovative_its_all_about_perception.html
Microsoft: Stodgy or Innovative? It's All About Perception

Nancy Gohring, IDG News Service
Friday, July 25, 2008 12:50 PM PDT

(excerpted to make a point)

After the demo, one analyst commented to Mundie that the technology looked great but that the rest of the world doesn't get to see such demonstrations, and he urged Mundie to spread the word so that people will perceive Microsoft as the innovative company that it is, rather than as a legacy software vendor.

Mundie pledged to do just that. "That is a commitment I can make to you and to shareholders," he said. For years, he and Microsoft founder Bill Gates spent a lot of time on the road talking about Gates' vision of the future, he said. "Over the last few years, both of us got out of the habit of going out and talking about it. I think we share your observation that we haven't done a great job in recent years communicating about the tremendous things this company does."

As Mundie and others begin talking more about new innovations, however, the company runs the risk of being accused of marketing "vaporware," a criticism it has faced in the past. In fact, Microsoft has been accused of announcing its work on technologies very early as a way to discourage other companies from developing similar products in competition.

CEO Steve Ballmer assured the crowd of analysts that the company is working on streamlining its online brand and developing a single page where people can find all available Microsoft online services. The page will predominantly feature a search bar, since that's an opportunity for revenue, but it will also display content tailored for each user, he said.

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

(Me: And now Microsoft can link up Windows 7 with their newly named Windows 7 Server.)

http://blogs.zdnet.com/microsoft/?p=1531
August 15th, 2008
Confirmed: Microsoft to proceed directly to Windows 7 Server
Posted by Mary Jo Foley @ 3:49 pm

(also excerpted to make a point)

Microsoft’s Windows Server division has veered from its regular schedule to eliminate — at least in name — the minor “R2″ update of Windows Server 2008 that was slated to arrive in the next year or two. The result: The next version of Windows Server that Microsoft will ship will be named “Windows 7 Server.”

Just last week, I asked Microsoft about the seeming discrepancies (2009 vs. 2010) in its promised Windows Server 2008 R2 dates. At that time, company officials refused to comment. I didn’t think much of their silence, at the time, since Microsoft was busily prepping WS 2008 R2 sessions for its Tech Ed Barcelona conference in November of this year.

But this week, Microsoft officials decided to speak. And the official word is that WS 2008 R2 and Windows 7 Server are one in the same. The next release of Windows Server is Windows 7 Server and it is due, according to the new timetable, in 2010.

...late in the day on August 15, Microsoft sent me a note of clarification. Here’s is the only official comment I have so far, from a company spokeswoman:

“The company is still not yet disclosing specific release date/timing for this, but it does list 2010 as the timeframe on the roadmap page on Microsoft.com, which Ward notes in his comment. This of course is in keeping with the 2yr (minor)/4 yr (major) schedule for Server OS releases, as R2 is a minor release post Windows Server 2008.”

The change in plans leaves me with lots of questions, to none of which I’m expecting answers. (But I’m asking anyway.) My short list:

  • When and why did Microsoft cancel WS 2008 R2? Or is it simply renaming WS2008 R2 in order to make it clearer that Windows 7 Server and Windows 7 client are meant to be “better together”?
  • Has the Windows Server team decided against releasing any and all future R2 releases?
  • Are Windows client and Windows Server teams moving away from their previously stated “major-minor” delivery pattern (with a major release of Windows followed every two years by a minor one)? And if so, why?
  • Is Microsoft expecting Windows 7 Server to ship at the same time as Windows 7 client? If so, does that mean that Windows 7 Server is, in fact, likely to ship in late 2009, as Windows 7 client seems to be?

(More at URL)
-----------

(Me: Maybe now we can all get down to business)

http://news.zdnet.co.uk/internet/0,1000000097,39460401,00.htm

Semantic web on verge of commercial viability

Tim Ferguson
Published: 12 Aug 2008 09:08 BST

Semantic web technology is on the verge of becoming commercially viable for businesses looking to develop their web capabilities.

"Semantic web has been around for a while now. A lot of work has been done on the building blocks," he explained.

There will be significant increases in the real-world application of semantic technology over the next 12 to 18 months, according to Davies, who cited examples where semantic web technology is already in use.

Microsoft is also investing in semantic web after acquiring natural language search firm Powerset for $100m (£50m) earlier in August.

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

(Me: And you should study to make sure you understand why this is all happening.)

http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_V/threadview?m=tm&bn=33693&tid=8602&mid=8610&tof=5&frt=2
Ahhh yes. Movement.
16-Aug-08 12:06 pm
by portuno_diamo (Me)

The key point to remember is VCSY technology (7076521) is an infrastructure basis for knitting together data resources which are of fundamental importance to interoperability. The path is bidirectional and any resources may be applied to the transformation and transport dynamically.

The other component of VCSY technology is patent 6826744 (the patent involved in the litigation). 744 aka SiteFlash is a web based operating system (a development and execution platform) with distinct content, format and functionality fitted as arbitrary (able to mate with any other) objects.

Those two capabilities allow for building very granularly applied arbitrary objects (using 521); the kind of thing you can use to build applications including operating systems like Midori.

Once you have the operational base built, you need applications that will act as processing resources across the base platform (whatever you've decided to build).

The following acquisition by MSFT is an example of the kind of actions Microsoft and others will be doing as they populate their base operating platform. Remember the operating platform may exists as many various functional arrangements. The two patents allow for building and actuating resources as needed when needed and only in the "amount".

http://www.technologystory.com/2008/08/03/search-goes-to-work/

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


Posted by Portuno Diamo at 6:33 PM EDT
Updated: Sunday, 17 August 2008 12:03 AM EDT
Wednesday, 16 July 2008
...how he got in my pajamas I'll never know.
Mood:  caffeinated
Now Playing: Handheld Camera - Reality show about making a reality show (diy reality)
Topic: Announcements

I normally won't post things like this because anybody can claim to be anything. RagingBull is a place where you can say you're anything you want to appear to be. Some can back it up. Others can't.

This guy says he'll be at the Markman Hearing so I would suspect he's genuine. But, I leave it to the reader to take what's said for the reader's self.

Either way, the skeptics had the post deleted. I would suspect such fear of information adds more weight to the poster's words than even meeting him at the Markman Hearing.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=215316&submit=Go&endat=215391&numposts=60

By: let-it-rideca
15 Jul 2008, 11:12 PM EDT
Msg. 215316 of 215319
Jump to msg. #  
Greetings Everyone:

Well,I have just reired from my long service to this Great Country 30 yrs. I want everyone to know, what I have done in my professional career, and why I can say that the DoD is very interested in the VCSY technology,Yes... there could be SEC involement to allow VCSY to remain in stealth while developng their tech; if, it can show a National Security benefit "Responseflash" It is similar to the SKUNK WORKS with that company in Burbank, CA. when they were in development with secret DoD work in the early 60's and 70's 80's 90's and today..you know the one.

I retired from the US Army as a Full Bird, and my last Command was Special Operation Group "Delta". I have talked with and have met many NSA peeps who are quite versed in this type of tech (I am not...I can hunt and kill you; that is my specialty "Counter Terrorism"). But, I want ALL to know the DoD is and has been in talks with tech companies to address multi-agency coordination for handling and communicating during an event, that causes a full and direct deployment of multiple local and federal govt. assets throughout the US, and "Response Flash" has been Beta tested and works! (DARPA) alsospoke with many techies who know this type of technology and all is GOOD! Do not believe what has been said about the FO patent... small minds think small...IT CAN BE DONE and IT WILL BE DELIVERED...SOONER THAN LATER!

As far as the other V technology, when I first spoke to my peeps at NSA and other Think-Tanks ( Cal-Tech, MIT, KBR, ADT (HR-driven programs), and others all have said V technology is REVOLUTIONARY... if they can pull off their business plans.

Good Luck to us all!!! VC$Y the BEST IS YET TO COME

Retired Col. US Army, Stephen J. XXXXX

PS.I will be at the Markman Hearing. Just look for the guy in the Blue Suit with a Crew Cut.

P.S.S RR hope everything is well!!

------------------
END

And, because it's my place and I love the attention, I'm posting this here from Raging Bull. Actually, the real reason is I love to read my own writing and I believe it to be worth reading for everyone.

http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=215392

By: POSCASHFLOW
16 Jul 2008, 10:04 PM EDT
Msg. 215392 of 215393
Jump to msg. #  
Classic post (copy and paste) from Portuno!

DC- "who wants to discuss the mystery of how the tech and investment worlds have managed to miss the significance of the VCSY patent litigation - as indicated by their lack of interest in buying the stock even at such bargain basement prices - when the world-shaking magnitude of the litigation is so obvious to the relatively less plugged-in denizens of this message board?"

You first have to explain whether the claims are bogus or not. If they are not, what you are watching is the grand brainfart of all time on the part of technological journalists.

If the standing VCSY patents have are fundamental to the operation of web-based applications, we would doubtless hear such from expert journalists, would we not? I agree. What's wrong? I suspect the only real "journalists" out there are people who work for someone who sells advertising to the larger software houses. Thus... conflict of interest in the editorial suite. It would be akin to the court reporter's journal receiving ads from mafia leaders. It is that level of 'report by report'.

Or has VCSY granted stories to journalists already and they are patiently waiting for their promised dated byline? Either way, there's a huge reason why a journalist's editor would act that way. And there's some sort of huge reason a magazine article on MSDN would be written in July 2006 and posted in June 2007.

Why have they not written about it? I think every one of the large software houses wished upon hope and plucked four leaf clovers hoping upon wish that VCSY would simply go belly up and the party could begin. (photo right: Nice socks)

Any one of them active in XML research who claim they knew nothing of VCSY or their technology are bald faced liars. Not just speak with forked tongue. Got two whole sets of faces, Tonto.

Ummm. Me know how fix Buffalo With Four Horns. Make buffalo butt itch. Scratch butt, bleed to death. No scratch butt, make head fall off.

I think the big software houses were waiting for VCSY to collapse. LOOK at the damn thing. It looks like they need to go out and collect cans and pop bottles to stay alive. Can you imagine having to try to do your business in the shadow of a billion dollar giant. Hell, One? Let's say at least ten because VCSY technology impacts so many software producers I wouldn't know where to start counting. And that's just their software disruption. And that's just in software.

Look at the Fiber Optic patent and think through that one. Do a google of cruz+fiber+optic and tell me the hits don't keep coming. Think a bit and then we can begin to answer your question: why doesn't anybody know?

Why? I believe because the reputation of the company was damaged in the early years and very few people believe anything anybody says about VCSY anymore. There are only ~350 loyal readers on the laughing place #2. That's not many people knowing something. Oh wait. We HAD 350 up until a few Wednesdays ago. Then, all of a sudden, there were another 350+ hits on top of that who dropped in on one day to check things out. They were gone shortly after but the bandwidth has gone up. So SOMEbody got curious in a "departmental" sense it would appear. But it's still a very tiny number to have any interest in VCSY at this time when the company had such a spectacular fall from grace in March 2000... when DC and the rest said the company was a scam. Tsk tsk tsk... unknowingly (no doubt) setting the stage for the denuding of company reputation such that with world wide patent announcements STILL a website for VCSY information gets only 350 loyal (and 350+ surprise guests in one day) visitors a day. Peanuts. No wonder nobody believes the story... no money in the bank. No mention of contracts and no PRs saying anybody is even interested. No wonder recy stuck to that line and refused to read anything else. When you read the rest of the story, you see the big smiley face pasted on the bumper of the car about to run the “technology” world down.

And what of the rest of the world? Like you say, patents fall on their face every day. They may sound great on paper but flop on the ground. Your own software houses advise engineers and programmers to not read patents so they don't gum up their creative juices. No. Leave that to the MBAs who will decide whether a market is just too tantalizing to pass up even if it means waiting years for an old fart to keel over. Meanwhile, you stall your customers who know SOMETHING isn't right. Especially the software developers called OEMs. Man, when they find out whether those patents are bunk or real, you won't have to worry about us longs screaming bloody murder. Hoooo boy.

You're a reasonable guy, DC-Steve. Tepe says the fiber optic patent is bunk. He admits he is a mechanical engineer with no knowledge of optics or electronics. But, he stands on his opinion though he absolutely refuses to read or discuss evidence seen explaining how the Cruz patent can be done.

But he says the cruz patent to move whole images through a single fiber of current technology optical class is impossible. The patent admits it's been impossible for a hundred years. But VCSY got the patent on the idea and the activity and the results. And nobody else has. Would the industry stand still for that if the patent were bogus? Look at the googles again and you'll see some of the pinged hits are on things like looking at a moirre mesh through a single fiber to test for power and current and stress. Think about it. No wires from the instrument to the computer. Just individual hairs of glass fiber. Microsopic.

Cruz was an automation engineer to begin with and I would think he would have stumbled on this way of looking at images while trying to come up with a way for a fiber end to "see" refractive images in say strain gauge material and "image" it back at the electronic sensor inches, feet, miles away without electricity. I read something tonight that shows me how it's done (it's sitting out in the open like eveery other elephant Wade's been hiding) and it's so god awful easy to see I want to kick MyOwnass for not seeing it sooner. We use the same aberrance correction methods in giving modern adaptive optical telescopes better eyesight.

Cruz knows how to do this through an atmosphere of glass. A C:!######## stroke of genius old man. Bravo!

$#!@ I'm tingly all over. I wonder how wrong we all are on the software patents.

DC-Steve, You're seemingly a more reasonable person and must admit there is a very slim chance the fiber optic patent is workable. I know you called the company a scam some time in the past, but we're not talking here about their business construct or execution. We're talking about technology and its relevance to modern industry.

If the VCSY technology (both fiber optic patent and software patents) really is baloney then we've all been wasting our time.

But, if it's real, and we see what is predicted by our scenarios, namely that the large Software houses are all sitting there waiting to see if they're going to put out their own versions of the web-application age once Microsoft makes up their mind when they're going to introduce the first "web-applications product"...

Here they all are after trying to build those kinds of things (things made real by the patent methods) since 2001 and failing... and all of them are fielding betas since starting last october-november (Microsoft is just now fielding alphas - methinks they thought they could avoid the snare in october-november but it sprang in the spring) and... what's holdign them back? Why aren't they out there elbowing each other in the gut claiming to have the first product out on the street. It looks like horses shoved into stalls waiting for the little guy on top to kick the ribs and lunge out of the gate.

Funny, ain't it? There are journalists out there alluding to the tension and the uncertainty and the sheer weirdness of the current web-technology world, but they can't quite put their fingers on "IT". Meanwhile IBM is chugging along just fine and VCSy is waiting quite patiently (given the number of products that violate the XML Agent patent AND the SiteFlash patent showing out in the magazines now).

If it's not real then hundreds and may have thousands made a big mistake and we all did the mass-deluded koolaid party of Guyana look like tea with the mad hatter. We was WRONG if those patents are bogus.

Harry Truman is said to have remarked he wished he had a one-armed economic advisor on his staff so he wouldn't have to hear "on the other hand".

If the patents are real, then, everybody made some huge mistakes over the last seven years and there will be a whole lot of quesions why. Keeping something a secret for so long only acts to strengthen the intoxicating effect like aged wine. This will be rich.

Tepe says it's a scam. He says the fiber optic patent is impossible and tells everyone it's evidence Wade is a scammer and a thief. He says we pumpers are stealing from people if they buy VCSY stock.

But VCSY didn't steal the patent(s). Some might think VCSY stole the patents but VCSY told the patent office, yep everybody says this is impossible but here's how you do it. And the patent office (not just one lone examiner sat up in his leather chair in the patent office attic poring over dusty volumes. This false image plays toward the cynicism of the 'patents are for losers' crowd and clouds the truth.) said, ok Mister Cruz, you get the one patent everybody else would be willing to swap nuglets for.

You people portray the world in the most simplistic way when it fits your purpose. The patent office examination involves many opportunities from all sides with expert opinions on each side. If you folks believe the patent office can grant VCSY a patent for an optical phenomena that folks have theorized can be done using a method of image projection IBM played around with a couple decades ago. Crux was an IBM employee at some time in the past.

You employers who have that clause in your "intellectual property" that tells the inventive soul in your employ every new idea he has on your time (hell... even on HIS time) belongs to YOU... you know who you all are. Lemmings that jump off the cliff because your mother says so.

You're a bunch of nitwits lead by fools with MBA's. What you effectively do is drive the inventor out of your company to work on an idea you'll never understand until after he's gained venture capital. And you STILL won't know what to do because you're lead in the technology business (or any other vertical) by people who know MONEY but don't know your discipline or vertical.

Big deal you say. Big deal I say because YOU get only the story THEY want you to hear... and you on your fat butt (not you DC-Steve, I speak allegorically regarding the various flabby and distended body parts so evident in Mister Technology's spandex and lycra) think you're doing just fine.

And then somebody like IBM sneaks up behind you and steals your rabbits in broad daylight and we can all see you now out in the moonlight building cages so the neighbors won't think you were an irresponsible nut for keeping those bunnies in a kiddie pool. I guess nobody told you When it rains, the pool fills up and the rabbits can swim and climb out. They did. Now you're hammering chicken wire and two by fours up on the barn to keep invisible rabbits.

Acropolis? Avalon? Going somewhere?

Somebody almost got what they wanted from VCSY... or at least it certainly looks that way. I feel quite violated as a shareholder that larger companies wanted to TAKE VCSY... not buy. I didn't hear any cases of Microsoft or Sun or Apple or Yahoo or Google ASKING to BUY VCSY, have you?

I would think even the sniff of even ONE of those individual companies asking Doc Wade for a menu and a price sheet would rate a x-K of some sort of filing, wouldn't you? Are you telling me if Microsoft said, 'Hey, Rick. What say you guys put yourselfs up for sale.' and shareholders of a battered penny stock are not told, the CEO could walk away with his skin? Nope. He would have to make at least some noise especially if the 'sale' talk fell through.

So somebody wanted to get what they had (you're telling me the top Tech houses did NOT want the patent material? You're not that stupid, DC. You're smarter than that and you know what the patents say the web-applications technologies should look like is getting to be so obvious it's like parading) and somebody tried to make that happen (ask judge Solomon what she thought was going on in the CDC/Ross thing. Shes not a stupid woman. And she doesn't appear cowed as opposed to the bull$#!@ we had to put up with from the very start of that four year trial.).

They almost took her down. They still could (at least, that's what it all looks like when you read their listings. I know what all that's about and you know what all that's about because bad competition is bad, okay?) and so we wait each day with word of whether VCSy is going to survive and is there news on who mugged her in her own place of business.

Now. IF the technology is bull$#!@ then case closed and VCSY goes away.

Now. Prove the technology bull$#!@.

Your turn.

VCSY has been dying for years because people like Microsoft and Sun and Apple and Yahoo were keeping a death vigil on VCSY in hopes their intellectual property would fall from Emily's unclenched fingers as she breathed her last corporate entity. That's not just an opinion, I think that can be shown using public records aka their very own marketing materials since 2000.

Hey, There's no crime in knowing somebody's going to die. You can sit inches from them while they go through the pangs of the last rattle and be the pope the next day and nobody says anything... until they find out you took something from off the person and copied it some time ago and had it stored in a closet... so that would be ready and able to put out in the open as theirs the day AFTER the sickie dies.

One BIG problem. She didn't die and blow away and, man, there are some pissed off people out there who would give almost everything (still might) to have their way with the technology. And now? I say they're having to wait for Microsoft to make the deal then they can all be off to the greyhound races chasing the bunny for a big bite of hare pie.

Don't like what we're saying? Prove us wrong. The first thing we need to do is prove the technology is pointless or useless and we'll all know. We've all been asking for somebody to do just that and the only ones we've had on this board are a debotched career 'techie' who we don't know who we're talking to who can't get to first base on the first question: Explain how VCSY patent language and VCSY technical language and business are invalid in the current SaaS CaaS Services as a Service world.

Do it. We dare you.

All we need is a hefty like Walter Mossberg (how C:$!### appropriate THAT name is. I couldn't have picked that name for its irony at this point in the technology "know" state if I had made it up in a fantasized life.) willing to take the patent language apart.

Or maybe a mister feeblefritz on one of the science channels take the single image over optical fiber story and dash it to the rocks below. Then we poor deluded minnions of mmmmpphhh will go home and unplug the computers.

Well, I'm waiting for the proof. Heck. Just take the patents to an expert and ask them what they think it can do and then tell us what they said. I want to hear every laugh and ridicule word for word so we can gauge how severe is our psychosis.

HA. This has been fun. I get the feeling it's about to get more fun.

I have only one question: Mister Cruz, what did it feel like when you “saw” the way to do it? LOL

I think the question being asked amongst some people is this:
How much has VCSY been damaged by being forced to work unknown all these seven years?

How many of the big software houses would find our technology valuable?

How many of the automation companies would find our hardware technology valuable?

How much of the computer hardware market would likely have already been creating the products we're see now back then and flourishing all this time had VCSY been allowed to work without fear of being taken out?

I think that's the question that's really on everybody's mind and for some it will be a bittersweet reminder that people who want something badly enough to try to take it will squirm to the end of any opportunity if it buys them one more day of “grace” instead of truth.

How much money have we shareholders in VCSY been forced to do without based on a pressure against the company that demanded they do their marketing and business in secret?

How many shareholders were convinced to sell VCSY shares because they were told VCSY was a scam and told in very convincing ways?

How many here know that now?

How many who are not yet here will know that? What will their course of action be as I believe their experience will be simply bitter, having been told to bail out and listening to those voices instead of those who dug into information to demonstrate there was much more value to VCSY than was being portrayed.

And who is responsible for driving the audience for VCSY capabilities into the dirt? The shareprice? Or the posters on message boards who charged VCSY was a scam? Both I say. And we should all look in to why the shareprice has been held so low and by whom.

My interest (call it a hobby of mind to ferret out this kinds of people and stretching their hides out across the barn door to dry in the Sun, so to speak) is an entertainment and a hobby. One that consumes a lot of interest but I haven't been able to locate a reliable supply of hobby model paints so I am stymied in the construction of my plastic replica of the German Komet. Acht der flamenshtikken est fribenflotzam.

So I have time on my hands often to peruse and meditate. I have read a number of very skillful posters who stayed on message day after day week after week month after month year after year since 2000-2001... for what purpose? but to alert everyone VCSY was a scam.

Only one problem, the patents alone say this is no scam. And now we wait for DC-Steve to locate an expert in any of the areas (pick one and just prove that is a bust) covered by the patents or even the pending patent which is a language builder to enable building semantic web-languages like mister Tim more than one last name said could be done. Just like DARPA requires but must have enabled.

I'm darn glad all these people have finally gotten down to being able to do the enabling. Now we can get down to business. How much is the projected business income for the next generation of software businesses and services? We want a fair portion of that. Now, we're not getting greedy. If Microsoft can pay 7 billion for a second banana, what would they need to pay to cover a banana split? Let's see. A billion shares divided by 10 billion? Or is it the other way around? Any MBAs around here to hep us out? I don't know a whole lot about money. I just know about technology and people's habits.

Oh!Oh! The chief 'intelligentsia' of the software world have not spoken so these are all bosh and boobles! I forget about that. They are all so wise. Ohhhh so wise. And they can't figure a way out of the trap.

They're trapped DC. That's why you don't hear anyone saying anything. They need to keep their mouths shut and their noses clean and say “yes-sir” when asked do you want to stay in business.

Sounds crazy? We have a number of days ahead to dig for clues. There seems to be another every day and things continue to be clear. And the funny part is, the first good PR from VCSY will be “Microsoft settles with VCSY” OR “Microsoft tells VCSY to take a hike”. Either way, the REST of the audience that were convinced by many here VCSY would fade into oblivion will get to watch right here on this board and on the news boards as VCSY turns to the rest of the software houses and say “Microsoft is feeling frisky.” OR “Microsoft feels lucky.” Either way, I don't think EVERY CEO out there is stupid. Just a handful of bad apples and cracked nuts.

I got a jolt tonight when I finally “saw” how the fiber optic patent can work beyond conjugate waveform synthesis (which I believe could be used to “see” three d with only one fiber given the nature of the method I believe is being used – THIS is an exponential expansion of the fundamental “see the image through a single fiber' concept and is not at all difficult to breadboard once you understand what's being attempted. Why struggle? Buy a license and hook up you're “image sensing” applications and you can drop all the imaging chips and image processing electronics. Boom. Another slam on the chip making industry. Also another incredible opportunity for synergy and idea creation. Surface could do tactile imaging unimagined right now.).

The fiber optic patent is so incredibly easy decipher now I am hesitant to tell what I think as it makes it possible for teenage kids familiar with laser techniques to cobble together ideas on their own. But, isn't that what innovation is? And innovation may be destructive or regenerative. So let the kids play as ideas will make the cruz fiber an incredibly useful invention I would compare to the transistor or the laser in potential impact.

At the same time, there are a set of hurdles and knowledges the average teen would have to acquire and THAT is what is precious and what separates the men from the noodles. Those hurdles certainly do not face the fiber and microscopic imaging field as the techniques indicated in my scenario of the Cruz patent theory are extremely simple to implement in today's component technology.

Now I understand why it doesn't use electrical power. It only needs sources of light to illuminate the object being looked at (if it's microscopic, you can shine a light on if from the fiber optic hair illuminated at the “viewing” end. If it's big as a house or a spaceship, you need more light, but you can still see it easily enough.

Today there are telescopes that shine a reference layer into the atmosphere to build a “star” image in the sky. Looking at that star image and adjusting the shape of the collecting mirror at the astronomer's end per every variation of the reference star projected on (through actually) the atmosphere above the astronomer's head, allows the lighted image from the other end of the atmosphere (before the light from the reference laser reaches into vacuum) to be seen clearly. Mister Cruz has likely conquered the aberrated medium of glass fiber in essentially a manner akin to the way astronomers have de-burred the aberrations of the atmosphere. Now, that may not be the way it's actually done, but, because we have a thought model to pick over and debate in technological terms, the FO patent is a reality whether folks choose to believe it or not.

And if it is a reality, it also means it doesn't need the kind of sensor-end complexity first imagined when thinking through a workable solution based on no information.

If my scenario is correct, we should see the ability to find sensors comprising a single fiber to a spot to be monitored or analyzed or measured and see the ability to convey complex information from the sensor to the monitoring equipment.

We start seeing just such items when we look at a few of the hits on google Cruz+fiber+optic.

Light the image at the other end with lasers from the observing end with a reference laser to measure the aggregated distortion, subtract that information from the received waveform and presto bingoo you have yourself a reflective image transported through an aberrated media. Throw in conjugate waveform generation (you only need four lasers for any of this stuff – 1 reference, 3 variable 'color')

Now, at the 'looking end' of the fiber, put a piece of polarized plastic. Glue a couple points on the plastic to the machine and you now have a spot-on stress analysis sensor. The stress could be heat induced mechanical motion. The heat could be induced by power loss in a circuit, do a bit of fourier analysis on the data the image of the strain gauge represents and you can measure for voltage and current (power) on anything from transformers to chip substrates.

I'm waiting for only one individual to provide a convincing view that the fiber optic patent is a hoax. If you're waiting on tepe to supply references and referential information, hold your breath... and try not to laugh.



Ask yourself, Why would Microsoft make this video poking fun of themselves? The tide is turning! Imo





(Voluntary Disclosure: Position- Long; ST Rating- Strong Buy; LT Rating- Strong Buy)


Posted by Portuno Diamo at 10:04 PM EDT
Updated: Wednesday, 16 July 2008 11:04 PM EDT
Tuesday, 24 June 2008
Come here, kid. Uncle Billie's gonna make ye a man.
Mood:  accident prone
Now Playing: Scoochie Coo - Boyfriend draws laundry marker moustache on girlfriend's baby (raucous laughter)
Topic: Announcements

Dear God it must irk the jerkins out of Microsoft engineering to sit back and watch (literally because I see not one of them breaking ranks. They will all go down in flames together because not two of them make up a whole story and they believed the "besieged meshiah" act MSFT principals are building as a temple to corporate philanthropy made profitable.) while a once proud company is made to look like a blithering fool to avoid getting the socks put on the rolls of quarters Microsoft is about to get hit with. I feel it coming. I can't believe MSFT made a lame attempt to dump on McAuley's reputation in a claims construction! Is that desperation? or stupidity?

What's fair treatment from the bench, do you think?

Microsoft is fielding some pretty swell stuff. Let's just say city level is loud and clear level for the simplicities.

In other words, brother, you're overplaying the part like a hasbeen Burlesque Queen giving the garters another tug and an invitation to coochie coo. Wear a shiny suit. The locals love that kind of stuff.

Anyway, it was bound to happen. As long as Microsoft lawyers run the company (does anybody suspect this is "marketing's" fault? What marketing? It's as though they're embarrassed to have these projects stuffed away in some "knownothing" bunnybunker without a decent codename) you're bound to hit a wall (could engineering be lame enough to actually build this kind of response on purpose? or do we have an engineer trying to sever his arm off with his antique sliderule to get to a payphone to call a journalist) where people simply aren't going to buy the "XML and http is hard" duffus act (Hey Morrie. I need an Alfred E Neumann head looking like Gates.) especially when they see how you hounded the XML standards committees like Pepe' in heat back in the day.

You know the "We own XML" period Microsoft went through - the "We own XML" patent statement that used to be a result on Google but try that string now and the internet is strangely quiet and suddenly devoid of any past Microsoft XML talk.

Suddenly we're Miss Lilly Whitelies of the Easternmost Hamptons. What a crock.

Ray Ozzie. If you can't field anything on the web today, you failed your constituents just as surely as a doctor would hold back a vaccine for sick developeers. How long does it take to work on XML projects and then have the world hear "We don't and never did know $#!@ about no Standards. No Sir." and then realize all you've worked for is on a lawyer's ballpoint and the wrist is wiggled by some nitwit in accounting?

I wonder. I guess I won't get to feel that tug of power. Power comes with permission. Without permission, you're one of the help. Enjoy living in the mansion. Living in a bungalow with some pride has its joys.

.Net isn't supposed to be like that. But it is. In fact, given the current none-state of Microsoft presence in the web world, I would be inclined to buy the "we stink at XML and http and any other standards stuff, like" bit from recent principal as though the whole of Microsoft was unaware there even WAS a set of standards out there to think about, golly gee whiz.

But, then, I remember how every good lawyer would right about now kick in a credible Plan B to curtail discussion of assets or periods of infraction that may have benefitted Microsoft in the way of the "standards" based business they did while VCSY was unable to fairly market what they had and what it could do.

What does that lawyer think VCSY is going to do? Hell, you should take a look at the stack of 2000+ XML hype and bull$#!@ and demos this and whatchadoin hodowns that is stuffed away in the wayback machine alonoe.

Goodness. It now appears Microsoft can't achieve anything remotely capable within the confines of VCSY technology. Read the 6826744 and 7076521 patents first if you're going to take me on on whether I'm shmoozing or telling it in school. These guys are disappointed with Microsoft .Net.

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

“The unfortunate reality is that these are scenarios that we care deeply about but do not fully support in V1.0. I can go into some more detail here. One point to note is that the choice on these features were heavily considered but we had the contention between trying to add more features vs. trying to stay true to our initial goal which was to lay the core foundation for a multiple-release strategy for building out a broader data platform offering. Today, coincidentally, marked the start of our work on the next version of the product and we are determined to address this particular developer community in earnest while still furthering the investment in the overall data platform.”

As Frank Costanza would say "What the hell does that mean?" 

This is the subject of the Tester's distaste.

----------------------------- 

Now, see there, class? I used the technology of the hypertext to take the user from the string that's underlined. The colors for fresh and loaded hypertext states are available via JAVA scripts.

Plus, the hypertext, once written can be copied and pasted (and the string can be changed to suit your description).

If you get the idea you might be able to tell machines to Do Something Until I Get Back Then Let Me Know what happened with the Something. Where Something is a web application taking care of routing comments from colleagues into folders and distributed for meeting requirements in global reach context.

I know. These underlined words didn't do anything. That's because you can be faked out by a text editor.

HOWDIDOIT?: (I selected the underline tool off this wysiwyg editor [see how you can string together words that stand for websites, resources, computing systems, shopping ecologies, game malls... and more but not really unless you can apply a layer of functionality under that word. Siteflash and MLE allows for putting unlimited resources at that word. It's where you would expect to see traditional procedural technology of the 20th century placed in a situation where it can't put up when told to shut up.]  and you can fake out the web user until they won't trust anything you put out after that.)

While Microsoft is acting like it never touched "standards", the rest of the world is marching on. What is today a search textbox or any kind of textbox will before long be offered as a command line able to call ultimate web resources into automation and play for very specific meanings to those words.

That is what an arbitrary framework allows for and that is what 744 is. Not only that, it's a framework for making arbitrary frameworks and etceteras to populate that paradigm.

Think I'm bull$#!@ing? Easy enough to remedy. Try me. Let's talk. I'll let you in on your own special comment line and we can talk about this new architecture and how plain the language is supposed to be. The VCSY lawyers make sense. The Microsoft lawyer sounds just like a lawyer.

It was so nice to read the VCSY brief. It sounds to me like a description from a home country I never visited. Eight long years of waiting to see what McAuley and Davison cooked up should end now.

Microsoft sounded throughout their brief like a muddled legal clerk. They openly contradict their own definitions. They attempt to portray McAuley's understanding of "computer" words as a bumkin's grasp. And that "WebOS" slam was dirty bacon. I wouldn't let these lawyers make my breakfast IF you know what I mean...

WebOS is the highest achievement of procedural software as evidenced by the work invented in the 90's (not being done now - WebOS is irrelevant). SiteFlash can build on top of WebOS. And the Microsoft lawyers fail to understand what's being said. That's what will hang Microsoft. Well, of course. Theyhave to "understand" it this way. They've convinced themselves their definitions of arbitrary content, form and functionality are going to stand in the face of what VCSY can demonstrate those words mean.

I think the consensus is in. I think you will see MSFT throwing out everything anybody ever said concerning "standards" which is shorthand for XML and http to begin with. How did they do SOAP without XML/http? And why did they send up a sandbag in OOXML? What was in Longhorn that made all the demos run and what was Vista supposed to be? What's the game here? Seriously.

By the way "WebOS"? That's SiteFlash "prior art"? Uh... no. It was research done in the nineties that epitomizes the peak of traditional procedural computing. WebOS is what Siteflash can build as a simple demonstration of Siteflash capabilities; not WebOS capabilities.

It's almost like somebody on the legal team got a "hot tip" Siteflash was also called "WebOS". Well, if they didn't do their due diligence, they got taken. WebOS is something you can build and it can be done with either current procedural tools or with Siteflash. But, with SiteFlash you can bind multiples of these together on any resources. So where does the diagram show that? LOL

Seeing the WebOS diagram in the first Msft responses after the lawsuit was filed is what convinced me Microsoft has a weak case. The VCSY brief confirms my view resulting from reading the Microsoft brief. Obvious attempts to direct the thinking and remove thought processes from context - always a bad sign the speaker is trying to wrestle words to mean something. 

The WebOS thing buys nothing but potential disdain and possible sanctions from this Judge who has a reputation for no nonsense. What NIMROD put that in? Whoever did should lose their position.

And if I can see that with no law experience, what will a Judge be able to see?... and say?

At the very least, at the end of the day, MST will have to explain how MSFT's version of this interpretation fairs against VCSY's example. I think allowing positive examples of McAuley's work would be fair recompence to VCSY's standing in the hearings as the court and the defendant were not able to foresee the abrupt and pointless introduction of totally inappropriate material within what was understood by all adult participants to be a claims construction and not a prosecutorial venue nor a witch-hunt.

And when we test Microsoft's entry for meaning, it's either a muffed marketing act (self saboutage? having this be public is suicide for MSFT's image - is somebody blowing the booby hatch to float to the surface in Rolling Stone some time later?) or some engineer is held hostage and this is a scrawled 'help' note in SOAP on a Highway 101 restroom mirror (hell, that could be anything from Fred's Notso Good Taqueria or the latest Condo ecopartments). Oh, and some lipstick on the mirror, too.

MSFT will have to explain how their interpretation doesn't measure up. Why can't MSFT technology even begin talking about the kinds of things allowed by 521/744? The rest of the industry seems to have no problems. It's obvious to me MSFT is held in Lawyerly constraints until the risk of loss is near. Meanwhile Mom's holding the baby so tight to keep it from making a peep, the little tyke is suffocating. Going blue now. Go bye bye.

Meanwhile, the rest of the industry either has some form of permission to test market the claims or they are overtly using the claims as the only way left them to compete with Microsoft's touting of next-generation capabilities they could not deliver on. 

Bill. Wake up and straighten up your house before you leave. Finish what you started or be consigned to fulfilling portuno's predictions. And you won't like what portuno can think, and it would all begin and end with those two stupid patents everyone assured everyone would be "taken care" of long long ago.

But, tonight, a more pleasant thought for us all.

What can we think about with 521/744? Ultimately, with 744/521, we're talking building systems that allow any user to treat the "search" textbox as a command line attached to their very own __unlimited__fill_in_the_blank__ computing resources. Want to imagine what that will be like?

Want to bet you won't see that in a Microsoft product any time soon if Microsoft continues to fight?

Remember the first DOS or Unix command line you punched in? Remember what you realized you could do because you knew how to write commands and build pipes and procedures? I remember. My first was on an RCA 1802 development "platform" graduating to CP/M - PL/I - Intel Multibus multi-board processing development tools in an automation shop in a once-household-name factory.

It's all in what you want to do with a computer. If you're the kind of person that wants to take a screwdriver to everything they get so you can feel more "involved" in the process, by all means stay with the desktop paradigm.

But, for those who want less machine between me and thee but can't seem to let go of the lust for power and speed, the oh so personal computing appliance on_always-on cell broadband will always be just a finger flick away nestled in the pocket or purse... whatever you call that thing you stuff things in.

When you've thought of a computer as something you bang on until a prettier model comes along, your thinking is quite dull and rather stunted.

When you get a chance to treat a computer like a closer extension of your way of doing things, you begin a special relationship with the way you think.

And then... sniff sniff, there's the children.. sniff sniff. (In fact, I think I smell diaper right now. But, that could be SnookyWookums here. Yeah, that's right; the ugly kid. Ain't he, though? His Mama's supposed to be right back with the TV Guide.)

Anyway, the children will grow up never knowing what you and I see as "the internet". That archaic concept is going to evolve and absorb into communities of control and mayhem. Some by professionals but most by the same kind of folks who emerged when browsers allowed the average 14 year old kid to build websites for large corporations on a computer in the family garage. Innovators will emerge. They aren't home grown. They collect around ideas. And, if you're not interested in immersing yourself in the culture and the community, you never get the real thrust of ideas.

It's why Microsoft has such a problem coming to the point of realization as they rumble past opportunity after opportunity to reduce damage and slow the engine to be able to make the change without flying to pieces. They don't know the next generation languages or platforms so they don't understand what happens when you can't replicate that behaviour and production. They have be shown and told. And still you have to say it much louder than that.

So they slide past the chance to limit the tragedy like an eighteen wheeler on ice through an intersection. There is no turning before going through the lights. You just hope the lights line up for that instant.

Once the age of procedural languages is shown to have run out of steam never having achieved building a really credible WebOS that could scale in widespread distribution, Microsoft, out of all the industry players, as far as I can see, will have the most to explain should they not be able to use 521 and 744 in public and thus suffer more disappointed MVPs.

The children will work with granular and macro virtualization patterns that can absorb any software components whole or parts into working applications that provide very highly abstracted functionality with any content presented in any format requested.

(Can't do that with Java, Johnny. Leaves a sweat stain on the old Stetson. Sweat don't leave a mark on white as long as the hat's clean.)

Turn off the TV and go to bed Jilly.

But Mama, Darlene wants to watch the rest of Jack Parr. I can't pry her off the floor until Jack Parr is over with.

Now, newly minted generations will be able to take the computer where nobody ever wanted to see it go. Enjoy. And build some neat $#!@. There's literally hell to pay.

Oh, well, enough reminiscing. Sniff sniff. Sorry to drip snot on you there on your back in the crib, SnookyWookums. Just remembering way back when I got into the digital business with thoughts that people were ethical and righteous and wouldn't lay a hand on the deacon's reputation.

Then I finds through life they got their hands on more than the deacon's reputation. I kinda blubbered there for a couple minutes thinking about the old instrumentation gang and how they never did manage to blow themselves up. At least I don't remember reading about it in the paper and... yeah, I would have read about that in the paper.

Old portuno's getting a might long in the bone. Eight long years... delayed and bumped every step of the way. Eight long years.

A lot's changed. The treefort way of seeing things is becoming a dominant view throughout most of the industry but the change is slow, measured and seemingly choreographed. The treefort way of seeing things does not show up in MSFT's current image and it's disappearing from old files about them. Weird, isn't it? Well, let's face it, Google would certainly like to see 521/744 stopped and helping Microsoft would be a good strategic move.

So, a whole lot's changed. Google didn't exist when VCSY brought out the XML Enabler Agent. Hailstorm came and went. It's probably coming around again.

I'm a little more stooped (stupid, get it? now, if I have to explain a joke, how is it a joke?) than usual. Dancing around like an idiot having to discuss the never ending inane crap written by those "skeptics". What drivel. This is certainly been a zen of much rancour. Such self discipline! Such commitment! My ass hurts. But it's more in the image of Abram driving the vultures away from his sacrifice as he waited for the fire to fall from the Almighty.

It ain't entertaining the folks while the popcorn is heating up, don't ya know... They're such ignorant dolts it's a wonder most of them don't drown in their own spittle whilst asleep.

I've changed a lot over the years, Snooky. My hands are bonier. My knees stick out more. Ears bigger. More hair there than where one would want hair there. Creaky bones and a diminished glow, but I'm kicking back and cruising now. Going to let the gardener clean up the back yard now from now on. They know what they're chopping down and what they're trying to nurse. And YOU have a diaper changing coming up. When's your mama coming home?

Dear Ma. Today we discussed the following:
Microsoft was unaware there even WAS a set of standards out there to think about, golly gee whiz.
disappointed with Microsoft .Net.

Tomorrow. The World.


Posted by Portuno Diamo at 9:20 PM EDT
Updated: Wednesday, 25 June 2008 2:24 AM EDT
Thursday, 19 June 2008
So, why would he say that?
Mood:  amorous
Now Playing: Mumbling Mind - Things we all think but can't figure out (burlesque)
Topic: Announcements

Now that you have it mostly available in the original order as copied on RB VCSY at http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=214278 (see the social structure at work? Now, we have a copy of the original post to see on another site even though this site changes. Think how many times you're able to do that and you now have an audit trail available - pretty neat and simpe... and free$$$) I thought I would put this copy into context. All of it will be in black font so from here we can mark for nuances in replicated and derivative arguments. 

A history of XML

http://www.itwriting.com/xmlintro.php
A Primer on XML

No magic

Now that XML is a buzzword, it is vulnerable to abuse by marketers who pretend that “save as xml” is a virtue in itself. The mere fact of a document being in XML is no guarantee of usefulness. For example, Microsoft Visio can save drawings as XML. These are large documents with hundreds of Visio-specific elements and attributes. Just because it is XML does not mean that AutoCAD or Adobe Illustrator can make sense of it. It might make it easier for other vendors to create an import filter; but the real benefit will come if and when Microsoft and other drawing application vendors sit down to thrash out an agreed XML standard for drawing documents. With XML, standards are everything.

----------

Calendar for VCSY v MSFT

Posted here and at RB VCSY 213898

A calendar, leading up to the construction hearing.

18
Accused Infringer files responsive claim construction brief
P.R. 4-5(b)
June 6, 2008

19
Patentee files reply brief on claim construction
P.R. 4-5(c)
June 20, 2008

20
ONLY WITH LEAVE OF COURT
Accused infringer files sur-reply brief on claim construction
June 27, 2008

21
Parties file Joint Claim Construction Chart
P.R. 4-5(d)
June 30, 2008

22
Pre-hearing Conference and technical tutorial if necessary
July 9, 2008

23
Claim Construction hearing
P.R. 4-6
July 10, 2008 at 9:00 am

 

----------

(Here is the Microsoft brief - this time without the smartass comments. ) 

Microsoft Brief for Claims Construction in VCSY v MSFT

Case 2:07-cv-00144-DF-CE Document 52 Filed 06/06/2008 38 pages

§ VERTICAL COMPUTER SYSTEMS, INC.,  Plaintiff, § CIVIL ACTION NO. 2:07-CV-144 (DF-CE) v. MICROSOFT CORPORATION, Defendant §

MICROSOFT’S BRIEF ON CLAIM CONSTRUCTION

PROPOSED CONSTRUCTIONS FOR THE ’744 PATENT.............................................9

A. “Arbitrary Object” / “Object” / “Arbitrary Name” ..................................................9

1. Microsoft’s Construction of “Arbitrary Object” Follows the

Consistent Usage of this Term in the ’744 Patent Specification ...............10

2. Microsoft’s Construction of “Arbitrary Name” Follows the

Consistent Usage of this Term in the ’744 Patent Specification ...............13

3. The Word “Object” Does Not Need To Be Defined Separately

from the Claim Term “Arbitrary Object” ..................................................14

B. “Arbitrary Object Framework”..............................................................................16

1. “Arbitrary Object Framework” as Used in the Preambles of the

Claims Is a Limitation................................................................................16

2. “Arbitrary Object Framework” Cannot Be Given Reasonable

Meaning, Rendering the Claims Fatally Indefinite....................................17

3. Microsoft’s Alternative Construction ........................................................20

C. “Content” / “Form” / “Functionality” ....................................................................21

1. “Content,” “Form,” and “Functionality” Do Not Require

Construction...............................................................................................21

2. Microsoft’s Alternative Constructions.......................................................22

a) “Content” .......................................................................................22

b) “Form” ...........................................................................................23

Case 2:07-cv-00144-DF-CE Document 52 Filed 06/06/2008 Page 2 of 38

MICROSOFTS BRIEF ON CLAIM CONSTRUCTION – PAGE ii

c) “Functionality”...............................................................................24

D. “That Separates a Content of Said Computer Application …”..............................26

1. The Term “That Separates a Content of Said Computer

Application …” as Used in the Preambles of Claims 1 and 26 Is

Limiting......................................................................................................26

2. Microsoft’s Proposed Construction Is Consistent With the Intrinsic

Record........................................................................................................28

3. Applicant Disavowed Claim Scope that Would Allow

Combination of Any Two or More of Content, Form and Function .........29

IV. CONCLUSION..................................................................................................................30

How's that for a start? 30+ pages on what the words "arbitrary" and "content", "form", and "function" mean. Apparently it's important for Microsoft to know what the meaning of the word "is" is.

Case 2:07-cv-00144-DF-CE Document 52 Filed 06/06/2008 Page 5 of 38

MICROSOFTS BRIEF ON CLAIM CONSTRUCTION – PAGE v

INDEX TO EXHIBITS
Exh. A Microsoft’s Comparison Chart of Parties’ Proposed Constructions for ’744 Patent
Exh. B Declaration of Brian Eutermoser
B.1 Jan. 28, 2003 Amendment and Response
B.2 Oct. 22, 2003 Response
B.3 April 30, 2004 Response
B.4 Excerpts from Adhesive Software web site describing WebOS
B.5
Small Adhesive Carries Big Stick, AUSTIN BUSINESS JOURNAL (Jan. 9, 1998)

The chart:

Claim Term Microsoft’s Proposed Construction / Vertical’s Proposed Construction

 

 

 

 

 

 

 

 

 

From Case 2:07-cv-00144-DF-CE Document 52 Filed 06/06/2008 I. INTRODUCTION

As the claim comparison chart shows, the parties have staked out markedly different claim construction positions. The differences in the parties’ proposed constructions derive principally from the parties’ fundamentally different claim construction methodologies. Because the Court is well familiar with the established principles and basic canons of claim construction, Microsoft limits its discussion of the law to the specific issues pertinent to the parties’ disputes.

Three areas of dispute permeate the parties’ respective claim constructions:
(1) whether claim terms should be construed in the context of the specification and the claims in which the terms are found (as Microsoft contends), or in an abstract context based
principally on alleged “ordinary meaning” (as Vertical contends);
(2) whether a vague claim term that has no ordinary meaning nor adequate support in
the patent’s written description renders the claims fatally indefinite; and
(3) whether preamble language that contains “essential features” of the claimed invention, provides antecedent basis for the body of the claims, and/or was also relied upon by the applicant to distinguish his purported invention from the prior art should be deprived of limiting effect, as Vertical contends.

The first of these disputes derives from the fact that Vertical seeks constructions that require this Court to disregard virtually every important statement in the specification and the prosecution history of the ’744 patent. A prime example of this is Vertical’s proposed construction of “arbitrary name.” Ignoring the relevant portions of the specification and claims, Vertical proposes that this term be construed as merely an “identifier assigned to an arbitrary object.” When viewed, however, in the required context of the specification and the claims themselves (as it must be),1 “arbitrary name” cannot be construed so broadly, but must be limited to what Vertical concedes is a “central feature” of its purported invention—specifically, being “all that is needed” to provide access to an arbitrary object. Similar reasoning applies to Vertical’s other revisionist constructions.

The second dispute involves the term “arbitrary object framework,” which Microsoft contends is indefinite and not susceptible of construction. A determination of indefiniteness is appropriate at the claim construction stage because the analysis of indefiniteness under section 112, ¶ 2 is a question of law that is “drawn from the court’s performance of its duty as the construer of patent claims.” Default Proof Credit Card Sys., Inc. v. Home Depot U.S.A., 412 F.3d 1291, 1298 (Fed. Cir. 2005) (quoting Atmel Corp. v. Information Storage Dev., Inc., 198 F.3d 1374, 1378 (Fed. Cir. 1999)). Where, as here, a claim term has no customary meaning, the Federal Circuit has instructed that “the specification usually supplies the best context for deciphering claim meaning.” Honeywell, 488 F.3d at 991. Far from providing adequate notice to the public, however, the ’744 patent specification merely describes functions that such an “arbitrary object framework” might perform, leaving open the questions of what this entity is or how it works. Under similar circumstances, the Federal Circuit has concluded that an inadequately defined claim term was “insolubly ambiguous,” rendering the patent claims fatally indefinite. Halliburton Energy Svcs., Inc. v. M-I LLC, 514 F.3d 1244, 1255 (Fed. Cir. 2008) (affirming the grant of summary judgment of indefiniteness of patent claims directed to a “method for conducting a drilling operation in a subterranean formation using a fragile gel drilling fluid …” because the specification provided only a vague functional description for the novel term “fragile gel” as used in the claim preamble, leaving the term “insolubly ambiguous”).

Vertical’s attempt to construe this term in purely functional terms only underscores its indefiniteness, as Vertical’s proposed construction merely suggests functions that the framework “can” perform, and even then simply echoes other limitations already stated in the claims.

The third dispute centers on Vertical’s belated, litigation-inspired attempt to strip the limiting effect from the preambles of sole independent claims 1 and 26, contrary to the applicant’s reliance on the preambles during prosecution to attempt to differentiate over the prior art as well as contrary to the preambles’ reciting essential elements of the invention and providing necessary antecedent bases for the bodies of the claims. Vertical’s effort to evade the limiting effect of the claim preambles defies established Federal Circuit precedent. See, e.g., Bicon, Inc. v. The Straumann Co., 441 F.3d 945, 952-53 (Fed Cir. 2006) (concluding that preamble was limiting because it recited essential structural features of the invention); NTP, Inc. v. Research in Motion, Ltd., 418 F.3d 1282, 1305-06 (Fed. Cir. 2005) (concluding that preamble was limiting because it provided antecedent basis for limitations in the claim body); In re Cruciferous Sprout Litig., 301 F.3d 1343, 1347-48 (Fed. Cir. 2002) (holding that preamble was a limitation because of “clear reliance by the patentee on the preamble to persuade the Patent Office that the claimed invention is not anticipated by the prior art”), cert. denied sub nom Brassica Protection Products LLC v. Sunrise Farms, 538 U.S. 907 (2003). Application of these established principles requires treating the preambles of claims 1 and 26, including the terms “arbitrary object framework” and “that separates …,” as limiting.

For the reasons discussed herein, Microsoft respectfully requests that the Court adopt Microsoft’s proposed constructions of the disputed claim terms.

---

VCSY View on previously submitted Microsoft Brief on Claims Construction VCSY v MSFT

(HERE is a complete posting of the VCSY brief)
http://ragingbull.quote.com/mboard/boards.cgi?board=VCSY&read=214390

I. INTRODUCTION
Microsoft’s brief on claim construction is replete with misleading statements and misplaced arguments. It ignores material parts of Vertical’s definitions and the ‘744 patent itself. It provides an analysis that is purely result driven to either obtain claim constructions that would invalidate the claims of the ‘744 patent or allow Microsoft to avoid infringement of those claims. It incorrectly conducts a construction in light of the accused products and the prior art. Microsoft’s analysis is simply wrong.

The proof that Microsoft’s analysis is improperly result driven and out of context appears throughout Microsoft’s brief. On page 2, Microsoft alleges indefiniteness under 35 U.S. §112, paragraph 2. On pages 4-6, Microsoft appears to make another invalidity allegation, improperly suggesting that the invention of the ‘744 patent was on sale more than one year before the filing date of the application for the ‘744 patent. Both of these arguments not only fail because they do not have any legal or factual support, but they do not have any place in this analysis. Microsoft cannot evade the rules associated with summary judgment with these allegations.

In the first page of its brief, Microsoft appears to frame the issues of this claim construction while at the same time arguing that Vertical has construed the contested terms “in an abstract context based principally on alleged ‘ordinary meaning’ ….” Vertical has done no such thing. Vertical has supported its claim constructions exclusively with the intrinsic record -- the ‘744 patent itself, its words and its prosecution history. A simple review of Vertical’s opening brief on claim construction proves that Vertical followed the mandate of Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) and used the internal record; and that record firmly supports Vertical’s constructions.

VCSY's response to Microsoft's brief;

II. MICROSOFT PRESENTS AN INCORRECT
BACKGROUND FOR THE ‘744 PATENT
(
VCSY response to Microsoft claims construction assertions)

Response - WebOS not '744



posted on Yahoo by intheend1012000     20-Jun-08 08:17 pm   
From the Response

II. MICROSOFT PRESENTS AN INCORRECT
BACKGROUND FOR THE ‘744 PATENT
The discussion in Microsoft’s brief regarding the WebOS product, although misplaced, shows that Microsoft fails to appreciate just what the invention of the ‘744 patent is and how it differs from anything that preceded it. The prior art WebOS product is an example of procedural programming while the present invention is an advance on conventional object oriented programming developed a long time after the appearance of procedural programming.


Procedural programming, of which WebOS is an example, appeared in the 1950’s along with the appearance of computers. It is a rigorous approach to programming where the programmer writes the programming code in sequential steps, including subroutines that perform some function or provide some needed information. This type of programming proved unusable in many modern applications because as more people worked on a procedural program the sequence of steps became too long and unmanageable.


In the late 1980’s and early 1990’s, programmers developed a new way of programming called object oriented programming. This type of programming allowed programmers to separate the development process into modules called “objects” that interfaced with each other to provide the overall program. The program also could reuse the objects at various points in the program. But in this type of programming, the programmer still had to define the interface between a given object and the rest of the3 program. The programmer had to pass any variables that the object used or needed; and it had to pass them in a pre-determined order.

The invention of the ‘744 patent, as stated in Vertical’s opening brief, is an important advance in object oriented programming. It provides a smart connection or interface between an object and the rest of the program. The program need not pass any parameters that the object needs, because the object will determine those parameters on its own by using available information that it can obtain. If the programmer passes the parameters through the interface, an arbitrary object will use them; if he does not, it will determine them on its own with available information.

Microsoft seeks to improperly connect the WebOS product with the ‘744 patent by arguing that FIG. 5 of the ‘744 patent is “virtually identical” to an old WebOS diagram on another company’s website and by arguing that FIG. 5 shows an embodiment of the invention of the ‘744 patent. cont'd

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

But WAIT!
There's more...
Continued:

II. MICROSOFT PRESENTS AN INCORRECT
BACKGROUND FOR THE ‘744 PATENT  + III. MICROSOFT PRESENTS UNSUSTAINABLE CONSTRUCTIONS

But, FIG. 5 of the ‘744 patent, on its own, does not show or
disclose the invention of the claims of the ’744 patent. Also, the fact that the subject website used the word “object” does not, by itself, support any conclusion that WebOS was an object oriented product. The overwhelming evidence shows that WebOS was a procedural program that had absolutely nothing to do with object oriented programming or the invention of the ‘744 patent.

III. MICROSOFT PRESENTS UNSUSTAINABLE CONSTRUCTIONS
The ‘744 patent provides a large number of specific examples for elements such as “arbitrary objects,” “content,” “form,” “functionality,” etc. Rather than providing definitions for those terms, Microsoft does exactly what the Court of Appeals for the Federal Circuit admonishes against – it confines the terms and the associated claims to specific4 examples in the specification of the ‘744 patent. (See, Phillips, 415 F.3d at 1323). And, it does not use all the examples – just those that suit its purposes. 

But, a person of ordinary skill in the art rarely confines his or her definitions of terms to the exact representations depicted in the examples and embodiments. Phillips, 415 F.3d at 1323. And, unless the patentee has demonstrated a clear intention to limit the claim scope using words or expressions of manifest exclusion or restriction, a court cannot confine the definitions to specific examples. Innova/Pure Water, Inc. v. Safari Water Filtration Systems, Inc., 381 F.3d 1111, 1120 (Fed. Cir. 2004).

The patentee of the ‘744 patent (Aubrey McAuley) not only did not demonstrate such an intention, he did the exact opposite. For example, with respect to “arbitrary objects,” the specification of the ‘744 patent states that “arbitrary objects”: “may include encapsulated legacy data…” (col. 2, lines 29-34, Exhibit A); “can include text file pointers..” (col. 3, lines 43-46, Exhibit A); and may include any combination of application logic and data desired by the developer.” (col. 4, lines 21-22, Exhibit A). This language clearly demonstrates an intent that “arbitrary objects” not be limited to the specific examples.

In fact, the most egregious example of where Microsoft took a permissive “can be” and turned it into a limiting definition is in its definition for “arbitrary objects” where it took the permissive sentence: “One arbitrary object can be easily replaced with another arbitrary object of another type” (col. 4, lines 40-41, Exhibit A) and turned it into the following restrictive expression: “that is interchangeable with another object of another type” in their definition (emphasis added).Microsoft has engaged in this type of gamesmanship throughout its claim constructions; and Vertical will outline those instances in the following text in the discussions for the specific terms. On page 22 of its brief, Microsoft coins its improper approach as “defining … by example.” Example, indeed.

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

A post by intheend with an article embedded:

Injunctive relief in this .Net infringement suit could have a pervasive effect, including mobile..

Mobile Developers Still Favor .Net and Java, But The Popularity Of Linux And Android Is Growing
Friday June 20, 2:08 pm ET
By Tricia Duryee

One way to look into the future to see which cell phones will be popular is by figuring out what platform developers are building applications for today. Developers tend to pick platforms that are easy to work with and present the biggest market opportunity. Likewise, if developers gravitate to particular platforms, consumers will be drawn to the same ones because they'll offer the greatest choice of applications. Today's favorites aren't surprising, according to Evans Data, which polled nearly 400 developers. The top phone manufacturer is Nokia (NYSE: NOK - News), while the top platforms, are Microsoft's (NasdaqGS: MSFT - News) .Net and Sun Microsystem's Java ME. This is interesting to note because the media is constantly writing about a handset war developing between RIM (NasdaqGS: RIMM - News) or Mac OS, which could indeed be brewing, but on a fairly small scale when you look at these developer figures. Still, it's worth noting that Linux, Android and Mac OS are all on the rise despite the fact that they are either still coming to market, or have relatively small market share.

Here's what the survey found:

-- Leading phone manufactures: 56 percent of respondents say they target Nokia devices, making it the leading handset manufacturer; Motorola (NYSE: MOT - News) and Sony (NYSE: SNE - News) Ericsson (NasdaqGS: ERIC - News) followed in popularity with 33 percent and 29 percent respectively.

-- Leading platforms: Microsoft's .Net Compact Framework and Sun Microsystem's Java ME are the top two platforms targeted by wireless developers today, garnering 42 percent each.

-- Other platforms: Also ranking in the survey were Windows Mobile 6.0 (31 percent); Linux, 25 percent; Nokia Series 80 (22 percent); Symbian (20 percent); Windows Mobile 5.0 (19 percent); Java (18 percent); Palm (NasdaqGS: PALM - News) OS (15 percent); RIM OS (14 percent); Mac OS 10 (8 percent); and Android (7 percent), according to InfoWorld.

-- On fragmentation: To be sure, one thing these figures confirm is that the market is very fragmented, but some platforms have such a large marketshare, it would be difficult for any to rise or fall through the ranks quickly. "Android is less than a year old, and interest in Mac OS for wireless only started with the iPhone, so those two platforms haven't had the same time in market as most," said John Andrews, Evan's CEO. "But both .Net Compact Framework and Java ME are very strong and well entrenched in the wireless development community, so it's hard to imagine any competing platform dislodging either of them any time soon."

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

Did you follow that?

Some posts that tell me VCSY has a strong case and the other side knows:

 214282 RB from tepe: I don't think they can afford an appeal if they lose. And they COULD lose.

 


Posted by Portuno Diamo at 3:43 AM EDT
Updated: Tuesday, 24 June 2008 3:45 PM EDT
Friday, 13 June 2008
What snooky needs to know, no-one will tell.
Mood:  amorous
Now Playing: Cooking Duck Butter - Ancient recipe for turning stomachs into purses (high finance)
Topic: Announcements

What snooky needs to know, snooky won't understand.
Snooky can't know nothing since nothing's loose like sand.
Nothing's when you grab at "this" and find there's nothing there.
But when the last of nothing's gone, you'll find it 'neath your hair.

According to the Wall Street Journal (and who should know nothing better than they?) “In retrospect, Microsoft's unsolicited approach appears to have badly backfired. Instead of winning Yahoo's huge audience and online search capabilities Microsoft has driven its quarry into the arms of its arch enemy—Google.”

When snooky thinks he has it all, he doesn't have a thing.
When the last of something's gone, it only leaves a ring.
A ring in ear's a ring in nose; a ring around the moon
means the last of rain will fall and nothing's growing soon.

What's the use in trying to grab? You can't hold what is not.
The bed you lie in's just a place; it's either king or cot.
And, when you sleep, the death of "now" turns into something else;
from which the seed of nothing more brings forth what makes up hells.

So lullabye sweet snooky. You won't soon get to know
just where the path you thought was yours turned into just a show
for someone else's cabaret; for someone else's stand
from where the nothing you can't have makes something fine and grand.


Posted by Portuno Diamo at 1:08 AM EDT
Updated: Friday, 13 June 2008 1:45 AM EDT
Sunday, 11 May 2008
SOMEbody's been eating MY porrige...
Mood:  celebratory
Now Playing: Mama Come Home - Abused mother of six walks into ambush (short documentary)
Topic: Announcements

Happy Mothers Day to all you mothers out there. As some of you lttle mothers know, the concept of "mother" can be abstracted to a technological sense. At the core of "motherhood" is the ability to communicate with ones you should be friendly with.

Therefore and To wit:

First there was interoperability...

(Horn toot: If you have been following along, you'll know we were discussing the core concepts interoperability and virtualization as far back as 2005-2006 - we've been talking about services since 2000.)

(Uhhh... pardon.)

...commonly defined as having a file system that is agnostic, and therefore useful, to outside applications.

These files could be worked on by any user with authorized access. Not only could that data be worked on in that particular file commonly amongst a group of users, one could conceivably take an instance of the data in the file and move that instance to another file to work in conjunction with other data instances and files...

But wait! I'm getting ahead of the industry. First you must have interoperability. Then, before you get to functionality, you must have portability.

So, welcome to all who are joining in making their data common (Yahoo, MySpace, FaceBook and now Google, so far) and providing a non-intrusive identification system for trusted commerce (???? that requires functionality - are you guys really ready for that?).

(I wonder if a not-so-trusted commercial entity can be reformed into a trusted commercial entity? Probation? Remediation? TIme out?

Baby steps before you get to the semantic web. If you don't do these, you're motionless.

-data interoperability
-data portability
-data functionality
-data control (governance)

 http://webworkerdaily.com/2008/04/25/data-portability/

Data Portability and the File System

April 25th, 2008 (3:00pm) Imran Ali 3 Comments

With an increasing dependence on distributed software, and web-based applications the portability of personal and corporate data is becoming an increasingly important issue for all users, but more so for web workers in particular.

Open Data philosophies have begun to coalesce around essays such as the speculative Data Bill Of Rights and the emerging Data Portability movement, web-based services that support portability are still quite rare and invariably the exception to the rule.

Services such as Flickr, del.icio.us and Gmail do allow data extraction of sorts; indeed Gmail’s support for IMAP was apparently motivated by the desire for data portability and enabling users freely import and export messages. Conversely, Microsoft announced that it would end offline Outlook support for Hotmail, effectively imprisoning user’s messages inside Microsoft services, without even a paid for option for IMAP or POP access.

Technicalities aside - portability is really about ethics and ownership. In an marketplace where users are directly contributing assets to the success of a service, we need to be able to assert ownership over those contributions and demand mechanisms to support that ownership.

(more at URL)

This demonstrates the substrata of developers and builders who have been using the newly emerging web tools in testing and developmental systems

And to think this kind of development could have been moving foreward as far back as 2001 IF the software market were a friendly place to assert Intellectual Property and demand it be respected... just as Microsoft demands.

So I'm putting this here so you will be able to begin absorbing the nomenclature necessary to describe and understand what many people will call web 3.0. Interoperability (the big discussion amongs VCSY longs in 2005-2006) and now portability (described in VCSY's XML enabler whitepaper and patent teachings) are only now becoming words familiar to the mainstream.

But, to those who've been discussing these issues since 2001 and before, we're now at the place dividing software maturity from "developmental" or "untested" technology to a ready for common consumption technology base - a mixture of ideas, realities, software and workers.

In my opinion, what the above posted URL describes is a shift from a technology base worrying about future reality to a realization and potential.

This difference between the traditional megalithic software community (those who know how to build operating systems valued above those who do not) and the granular componentization people (the nubbies) community is what marks the terminus for Microsoft relevance in the future web world.

It's not just about being able to engage in the common use of data as opposed to isolated islands of automation as carved out by the COM/Corba kingdom.

That common use of data is a first step. Tagging for semantic content is a first grip. Yahoo stated their value very well when they announced they would be tagging their content (that includes all emails in the Yahoo system past and present and future). There are serious privacy issues being walked up on very quickly as the technology is beginning to roll out of the factories and cottage cheese industry for a race to the money pot.

And, one would say, apparently much of this work has been going on in secret as the industry has not been speaking of these new "buzzwords" until beginning only a few months ago. Some days after Microsoft announced they were acquiring Yahoo.

Yahoo stood up some important technologies very quickly. Now, others are standing up very quickly. One has to assume they have had the ability to work this way for quite some time and they've been holding back (all of them) until a particular time when they would all begin staking their marketshare claim and begin farming.

Looks like a land rush or a gold rush.

I wonder who's holding the first nuglets?


Posted by Portuno Diamo at 1:08 PM EDT
Updated: Sunday, 11 May 2008 2:14 PM EDT
Thursday, 1 May 2008
STOP THE ARCANITY!
Mood:  party time!
Now Playing: Peddling For Posterity - Exercise nut steps on walnuts (ongoing blab)
Topic: Announcements

Discussions take space and they eventually get lost. I am putting this discussion here since it's a convenient storage spot and we may want to attach views from the industry to many of the various points being made.

I'll try to maintain this conversation continuity if it continues. We'll also be looking at the whole issue of distributed computing as opposed to the one-computer-per-person paradigm and how the future will be shaped by this architectural arcanity.

If you want to see the whole ball of wax, go here: http://www.microsoft-watch.com/content/web_services_browser/saas_sasses_windows.html

The following is contained in the comments section of Joe Wilcox's article:

P. Douglas :

One thing I would like to know: does the author prefer using web apps over comparable desktop apps? E.g. does the author prefer using a web email app over a desktop email client? Doesn't he realize that most people who use Windows Live Writer, prefer using the desktop client over in-browser editors? Doesn't he realize that most people prefer using MS Office over Google Apps by a gigantic margin? The author needs to compare connected desktop apps (vs. regular desktop apps) to browser apps, to gauge the viability of the former. There is no indication that connected desktop apps are going to fade over time, as they can be far richer, and more versatile than the browser. In fact, these types of apps appear to be growing in popularity.

 

Besides, who wants to go back to the horrible days of thin client of computing? In those days, users were totally at the mercy of sys admins. They did not have the empowerment that fat PCs brought. I just don't understand why pundits keep pushing for the re-emergence of thin client compputing, when it is fat PCs which democratized computing, and allowed them to write the very criticisms about the PC they are now doing.

 

Posted by P. Douglas | April 30, 2008 3:50 PM

 

portuno :

"I just don't understand why pundits keep pushing for the re-emergence of thin client compputing, when it is fat PCs which democratized computing, and allowed them to write the very criticisms about the PC they are now doing."

 

Because business and consumerism sees the move toward offloading the computing burdens from the client to other resources as a smart move. That's why.

 

Pundits are only reporting what the trends tell them is happening.

 

Posted by portuno | April 30, 2008 3:59 PM

 

P. Douglas :

"Because business and consumerism sees the move toward offloading the computing burdens from the client to other resources as a smart move. That's why."

 

Why is this a smart move? If the PC can provide apps with far richer interfaces that have more versatile utilities, how is the move to be absolutely dependent on computing resources in the cloud (and an Internet connection) better? It is one thing to augment desktop apps with services to enable users to get the best of both (the desktop and Internet) worlds, it is another thing to forgo all the advantages of the PC, and take several steps back to cloud computing of old (the mainframe). Quite frankly, if we kept on pursuing cloud computing from the 70s, there would be no consumer market for computing, and the few who would 'enjoy' it, would probably be confined to manipulating text data on green screen monitors.

 

"Pundits are only reporting what the trends tell them is happening."

 

Pundits are ignoring the trends towards connected desktop applications (away from regular desktop apps) which is proving to be more appealing than regular desktop apps and browser based apps.

 

Posted by P. Douglas | April 30, 2008 4:21 PM

 

portuno :

Why is this a smart move?

 

"If the PC can provide apps with far richer interfaces that have more versatile utilities, how is the move to be absolutely dependent on computing resources in the cloud (and an Internet connection) better?"

 

The PC can't provide apps with richer processing. The interfaces SHOULD be on the client, but, the processing resources needed to address any particular problem does not need to be on the client.

 

The kind of processing that can be done on a client doesn't need the entire library of functions available on the client.

 

If your hardware could bring in processing capabilities as they became necessary, the infrastructural footprint would be much smaller.

 

The amount of juggling the kernel would have to do to keep all things computational ready for just that moment when you might want to fold a protein or run an explosives simulation, would be reduced to the things the user really wants and uses.

 

An OS like Vista carries far too much burden in terms of memory used and processing speeds needed. THAT is the problem and THAT is why Vista will become the poster child for dividing up content and format and putting that on the client with whatever functionality is appropriate for local computing.

 

This isn't your grandfather's thin client.

 

"It is one thing to augment desktop apps with services to enable users to get the best of both (the desktop and Internet) worlds, it is another thing to forgo all the advantages of the PC, and take several steps back to cloud computing of old (the mainframe)."

 

Why does everyone always expect the extremes whenever they confront the oncoming wave of a disruption event? What is being made available is the proper delegation of processing power and resource burden.

 

You rightly care about a fast user interface experience. But, you assume the local client is always the best place to do the processing of the content that your UI is formatting.

 

The amount of processing necessary to accomplish building or providing the content that will be displayed by your formatting resources can be small or large. It is better to balance your checkbook on your client. It is better to fold a protein on a server, then pass the necessary interface data and you get to see how the protein folding is done in only a few megabytes... instead of terabytes.

 

"Quite frankly, if we kept on pursuing cloud computing from the 70s, there would be no consumer market for computing, and the few who would 'enjoy' it, would probably be confined to manipulating text data on green screen monitors."

 

We couldn't continue mainframing from that time because there was not a ubiquitous transport able to pass the kind of interface data needed outside of the corporate infrastructure.

 

Local PCs gave small businesses the ability to get the computing power in their mainframe sessions locally. And, until Windows, we had exactly that thin client experience on the "PC".

 

Windows gave us an improved "experience" but at the cost of a race in keeping hardware current with a kind of planned obsolescence schedule.

 

We are STILL chasing the "experience" on computers that can do everything else BUT formatting content well is STILL being chased - it's why "Glass" is the key improvement in Vista, is it not? It's why the "ribbon" is an "enhancement" and not just another effort to pack more functionality into an application interface...

 

THE INTERFACE. Not the computing. The interface; a particular amount of content formatted and displayed. Functionality is what the computer actually does when you press that pretty button or sweep over that pretty video.

 

Mainframes that are thirty years old connected to a beautiful modern interface can make modern thin client stations sing... and THAT is what everyone has missed in this entire equation.

 

Web platforming allows a modernization of legacy hardware AND legacy software without having to touch the client. When you understand how that happens, you will quickly see precisely what the pundits are seeing. That's why I said: 'Pundits are only reporting what the trends tell them is happening.'

 

"Pundits are ignoring the trends towards connected desktop applications (away from regular desktop apps) which is proving to be more appealing than regular desktop apps and browser based apps."

 

Do you know WHY "Pundits are ignoring the trends towards connected desktop applications"? Because there aren't any you can get to across the internet! At least until very recently.

 

If you're on your corporate intranet, fine. But, tell me please, just how many "connected desktop applications" there are? Microsoft certainly has little and THAT's even on their own network protocols.

 

THAT is what's ridiculous.

 

XML allows applications to connect. Microsoft invented SOAP to do it (and SOAP is an RPC system using XML as the conduit) and they can't do that very well. Only on the most stable and private networks.

 

DO IT ON THE INTERNET and the world might respect MSFT.

 

The result of Microsoft not being on the internet is their own operating system is being forced into islandhood and the rest of the industry takes the internet as their territory.

 

It's an architectural thing and there's no getting around those. It's the same thing you get when you build a highway interchange. It's set in concrete and that's the way the cars are going to have to go, so get used to it.

 

Lamenting the death of a dinosaur is always unbecoming. IBM did it when The Mainframe met the end of its limits in throughput and and reach. The PC applied what the mainframe could do on the desk.

 

Now, you need a desktop with literally the computing power of many not-so-old mainframes to send email, shop for shoes, and write letters to granny. Who's idea of proper usage is this? Those who want a megalith to prop up their monopoly.

 

The world wants different.

 

Since there are broadband leaps being carved out in the telecommunications industry, the server can do much more with what we all really want to do than a costly stranded processor unable to reach out and touch even those of its own kind much less the rest of the world's applications.

 

The mentality is technological bunkerism and is what happens in the later stages of disruption. It took years for this to play out on IBM.

 

It's taken only six months to play out on Microsoft and it's only just begun. We haven't even reached the tipping point and we can see the effect accelerating from week to week.

 

It's due to the nature of the media through which the change is happening. With PC's the adoption period was years. With internet services and applications, the adoption period is extremely fast.

 

Posted by portuno | April 30, 2008 11:55 PM

 

P. Douglas :

"The kind of processing that can be done on a client doesn't need the entire library of functions available on the client.

 

If your hardware could bring in processing capabilities as they became necessary, the infrastructural footprint would be much smaller.

 

The amount of juggling the kernel would have to do to keep all things computational ready for just that moment when you might want to fold a protein or run an explosives simulation, would be reduced to the things the user really wants and uses."

 

How then do you expect to work offline? I have nothing against augmenting local processing with cloud processing, but part of the appeal of the client is being able to do substantial work offline during no connection or imperfect / limited network / Internet connection scenarios. Believe me, for most people, limited network / Internet connection scenarios occur all the time. Also, the software + software services architecture minimizes bandwidth demands allowing more applications and more people to benefit from an Internet connection at a particular node. In other words, the above architecture is much more efficient than a dumb terminal architecture, or the one that you are advocating. This means that e.g. in a scenario where you have a movie being downloaded to your Xbox 360, several podcasts automatically being downloaded to your iTunes or Zune client software, your TV schedule being updated in Media Center, your using a browser, etc., and the above being multiplied for several users and several devices at a particular Internet connection, the software + software services architecture is seen to be far better and more practical than a dumb terminal architecture.

 

Posted by P. Douglas | May 1, 2008 8:04 AM

 

portuno :

@ P. Douglas,

"How then do you expect to work offline?"

 

Offline work can be done by a kernel dedicated to the kind of work needed at the time. In other words, instead of a megalith kernel (Vistas is 200MB+) running all functions, you place a kernel (an agent can be ~400KB) optimized for the specific kind of work to tbe done. This kernel can be very small (because it won't be doing ALL processing - only the processing necessary for the tasks selected - it can be only one of multiple kernels interconnected for state determinism) and the resources available online or offline (downloaded when the task is selected).

 

The big "bugaboo" during the AJAX development efforts in 2005 and 2006 was "how do you work offline"? The agent method places an operational kernel on the client which is a mirror (if necessary) of the processing capability on the remote server. When the system is "online", the kernel cooperates with the server for tasking and processing. When the client is "offline", the local agent does the work, then synchs up the local state with the server when online returns.

 

No online-offline bugaboo. Just a proper architecture. That's what was needed and AJAX doesn't provide that processing capability. All AJAX was originally intended to do was to reduce that latency between client button push, server response and client update..

 

"...part of the appeal of the client is being able to do substantial work offline during no connection or imperfect / limited network / Internet connection scenarios."

 

Correct. And you don't need a megalithic operating system to do that. What you DO need is an architecture that's fitted to take care of both kinds of processing with the most efficient resources AT THE TIME. Not packaged and lugged around waiting for the moment.

 

"...limited network / Internet connection scenarios occur all the time."

 

Agreed. So the traditional solution is to load everything that may ever be used on the client? Why don't we use that on-line time to pre-process what can be done and load the client with post processing that is most likely for that task set?

 

"Also, the software + software services architecture minimizes bandwidth demands allowing more applications and more people to benefit from an Internet connection at a particular node. In other words, the above architecture is much more efficient than a dumb terminal architecture, or the one that you are advocating."

 

"More efficient" at the cost of much larger demands on local computing resources. Much larger demands on memory (both storage and runtime). Much larger demands on processor speed (the chip has to run the background load of the OS plus any additional support apps running to care for the larger processing load you've accepted).

 

You will find there will be no "dumb terminals" in the new age. A mix of resources is what the next age requires and a prejudice against a system that was limited by communications constraints 20 years ago doesn't address the problems brought forward by crammed clients.

 

"This means that e.g. in a scenario where you have a movie being downloaded to your Xbox 360, several podcasts automatically being downloaded to your iTunes or Zune client software, your TV schedule being updated in Media Center, your using a browser, etc., and the above being multiplied for several users and several devices at a particular Internet connection, the software + software services architecture is seen to be far better and more practical than a dumb terminal architecture."

 

At a much higher cost in hardware, software, maintenance and governance.

 

Companies are not going to accept your argument when a fit client method is available. The fat client days are spelled out by economics and usefulness.

 

Because applications can't interoperate (Microsoft's own Office XML format defies interoperation for Microsoft - how is the rest of the world supposed to interoperate?) they are limited in what pre-processing, parallel processing or component processing can be done. The only model most users have any experience with is the fat client model... and the inefficiencies of that model are precisely what all the complaining is about today.

 

Instead of trying to justify that out-moded model, the industry is accepting a proper mix of capabilities and Microsoft has to face the fact (along with Apple and Linux) that a very large part of their user base can get along just fine with a much more efficient, effective and economical model - being either thin client or fit client.

 

It's a done deal and the fat client people chose to argue the issues far too late because the megaliths that advocate fat client to maintain their monopolies and legacies no longer have a compelling story.

 

The remote resources and offloaded burdens tell a much more desirable story.

 

People listen.

 

Posted by portuno | May 1, 2008 12:07 PM

 

P. Douglas :

"Offline work can be done by a kernel dedicated to the kind of work needed at the time. In other words, instead of a megalith kernel (Vistas is 200MB+) running all functions, you place a kernel (an agent can be ~400KB) optimized for the specific kind of work to tbe done. This kernel can be very small (because it won't be doing ALL processing - only the processing necessary for the tasks selected - it can be only one of multiple kernels interconnected for state determinism) and the resources available online or offline (downloaded when the task is selected)."

 

I don't quite understand what you are saying. Are you saying computers should come with multiple, small, dedicated Operating Systems (OSs)? What do you do then when a user wants to run an application that uses a range of resources spanning the services provided by these multiple OSs? Do you understand the headache this will cause developers? Instead of having to deal with a single coherent set of APIs, they will have deal with multiple overlapping APIs? Also it seems to me that if an application spans multiple OSs, there will be significant latency issues. E.g. if OS A is servicing 3 applications, and one of the applications (App 2) is being serviced by OS B, App 2 will have to wait until OS A is finished servicing requests made by 2 other applications. What you are suggesting would result in unnecessary complexity, and would wind up being overall more resource intensive than a general purpose OS - like the kinds you find in Windows, Mac, and Linux.

 

"The agent method places an operational kernel on the client which is a mirror (if necessary) of the processing capability on the remote server. When the system is "online", the kernel cooperates with the server for tasking and processing. When the client is "offline", the local agent does the work, then synchs up the local state with the server when online returns."

 

The software + services architecture is better because: of the reasons I indicated above; a user can reliably do his work on the client (i.e. he is not at the mercy of an Internet connection); data can be synched up just like in your model.

 

""More efficient" at the cost of much larger demands on local computing resources. Much larger demands on memory (both storage and runtime). Much larger demands on processor speed (the chip has to run the background load of the OS plus any additional support apps running to care for the larger processing load you've accepted)."

 

Local computing resources are cheap enough and are far more dependable than the bandwidth requirements under your architecture.

 

"At a much higher cost in hardware, software, maintenance and governance.

 

Companies are not going to accept your argument when a fit client method is available. The fat client days are spelled out by economics and usefulness."

 

Thin client advocates have been saying this for decades. The market has replied that the empowerment, and versatility advantages of the PC, outweigh whatever maintenance savings there are in thin client solutions. In other words, it is a user's overall productivity which matters (given the resources he has), and users are overall much more productive and satisfied with PCs, than they are with thin clients.

 

Posted by P. Douglas | May 1, 2008 2:27 PM

 

portuno :

P. Douglas:

"I don't quite understand what you are saying. Are you saying computers should come with multiple, small, dedicated Operating Systems (OSs)? "

 

What would you think Windows 7 will be? More of the same aggregated functionality packaged into a shrinkwrapped package? Would you not make the OS an assembly of interoperable components that could be distributed and deployed when and where needed, freeing the user's machine to use the hardware resources for the user experience rather than as a hot box for holding every dll ever made?

 

"unnecessary complexity"????

 

Explain to me how a single OS instance running many threads is less complex than multiple OS functions running their own single threads and passing results and state to downstream (or upstream if you need recursion) processes.

 

What I've just described is a fundmental structure in higher end operating systems for mainframes. IBM is replacing a system with thousands of servers with only 33 mainframes. What do you think is going on inside those mainframes? And why can't that kind of process work just as well in a single client or a client connected to a server or a client connected to many servers AND many clients fashioned into an ad hoc supercomputer for the period needed?

 

"Thin client advocates have been saying this for decades."

 

The most dangerous thing to say is "this road has been this way for years" and driving into the future with your eyes closed.

 

If your position were correct, we would never be having this conversation. But, we ARE having this conversation because the industry is moving forward and upward and leaving behind those who say "...advocates have been saying this for decades...".

 

Yada Yada Yada

 

Posted by portuno | May 1, 2008 3:48 PM

 


Posted by Portuno Diamo at 3:53 PM EDT
Updated: Thursday, 1 May 2008 4:04 PM EDT

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