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Port's Pot
Monday, 7 July 2008
Fractured Fairytales
Mood:  hug me
Now Playing: Looking Back - Nostalgic nuances in networking nuglets (prime and proffer)
Topic: Growth Charts

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

To wit:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


Posted by Portuno Diamo at 10:01 PM EDT
Updated: Monday, 7 July 2008 10:13 PM EDT
Sunday, 6 July 2008
Rah Rah Ree. Kick 'Em In Da Knee. Rah Rah Ras. Kick 'Em in Da Other Knee.
Mood:  a-ok
Now Playing: Shaken Pompons - High school football highjinks (bawdy ballplay)
Topic: Memories

Well, congratulations to the patent pending process for Emily. A Method and system for providing a framework for processing markup language documents going through a renewed review by the patent examiner as submitted May 19, 2008. The citations you see below are typically noted by the patent examiner for each application and provide information relative to the application under review.

I believe such citations downstream give affirmation to the defineable advancements embodied in the claims of  Emily. A Method and system for providing a framework for processing markup language documents.

Patent citations can be informative...
http://scientific.thomsonreuters.com/support/patents/dwpiref/reftools/searchtips/searchtip_oct
What is a citation?
In the context of patents, a citation is a reference to a previous work which is relevant to the current patent application. These citations are to be found in the search reports which the patent office examiners produce when they check that a particular invention really is new. And because it is the patent office examiners who have made the connection between new ideas and existing ideas we know that the connection must be valid - after all, the examiners are unbiased and they are experts in their fields.

Citations can be existing patents of course - but they might also be non-patent publications such as journal articles, conference papers or trade literature. If you can find a list of citations associated with an invention you already know about then you have, in effect, found a good quality reading list.


...and valuable.
http://ideas.repec.org/a/taf/ecinnt/v14y2005i5p375-393.html
Patent citation data are used in a growing body of economics and business research on technological diffusion. Until now, there exists little evidence on whether patent citations are a good measure of knowledge flows.

Thanks to stillwtr19 for posting the following:
http://ragingbull.quote.com/mboard/viewreplies.cgi?board=VCSY&reply=214843

By: stillwtr19 
06 Jul 2008, 01:59 AM EDT
 Msg. 214843 of 214848
Jump to msg. #  
Five patents referencing patent pending Emily. A Method and system for providing a framework for processing markup language documents. Last up date...05-19-2008 Date Forwarded to Examiner

http://www.freepatentsonline.com/REF20030037069.html

1) 7349916 Information organization using markup languages
The presentation of information in HTML files is desirably en hanced by the use of one or more separate scripting Javascript™ files, referenced from the HTML file, which uses information...

Assignee: International Business Machines Corporation (Armonk, NY, US)


2) 7349905 Local client database for remote support
A layered message architecture has been described that communicates status data from a client computer to a server through a remote support network. A database interface layers isolate the...

Assignee: Everdream Corporation (Fremont, CA, US)


3) 7299414 Information processing apparatus and method for browsing an electronic publication in different display formats selected by a user. An formation processing apparatus that performs language translations, wherein content data includes text data having the same meaning, written in a plurality of languages, and enclosed by...

Assignee: Sony Corporation (JP)


4) 7219339 Method and apparatus for parsing and generating configuration commands for network devices using a grammar-based framework. A method of automatically parsing a network device configuration and generating a representation of one or more configuration commands for a network device that uses a command-line interface, using...

Assignee: Cisco Technology, Inc. (San Jose, CA, US)


5) 6862588 Hybrid parsing system and method
A system and method are provided for parsing a markup file. The present system includes a hybrid parser that employs both a lightweight parser and a heavy weight parser to parse a markup file. The...

Assignee: Hewlett-Packard Development Company, L.P. (Houston, TX, US)

(Voluntary Disclosure: Position- Long)
 
----------

And this bit of treeforter mail I thought the reader should see. Think through what you see when you see these things. By the way, there is information linking VCSY to both Infinitek and Netriplex.

Hey Morrie!
Hope you and the rest of the longs had a great 4th of July! I hope Mr. Wade adds to the fireworks that I saw last night! I went to the Adobe site and clicked on the partner portal link just to see if the VCSY picture was still there. It is! But I noticed the same picture( I had not noticed this before) of the lady in the glasses on Adobe's link here:

 
https://www.adobe.com/cfusion/partnerportal/index.cfm

As the picture that shows up on the InfiniTek. biz site here:

http://www.infinitek.biz/

Is that not interesting? It cannot be a coincidence. Remember too that this lady is on the Netriplex site also:

http://www.netriplex.com/network/technology.aspx

Many have tried to explain items such as these matching photos and other matching photos on Verizon and NOW Solutions and Adobe as "clipart coincidence".

The only problem is, I don't think anyone's been able to find other examples of such clipart anywhere.

I also find it incredible these companies would allow such similar branding collateral given obvious speculation about the relationship between these companies and VCSY. How would their attorney's explain away such coincidences?

What do you think?

UPDATE

Remember the nice lady on infinitek? She's not there now. http://www.infinitek.biz/


Posted by Portuno Diamo at 11:17 PM EDT
Updated: Tuesday, 8 July 2008 9:12 PM EDT
Sunday, 29 June 2008
What you put on a potato doesn't change the potato.
Mood:  don't ask
Now Playing: Dome Alone - Clueless kid wrecks house while dad is away (slapstick)
Topic: Prenatal Visits

This is what "the other side" thinks about the information VCSY longs have tried to present to the public. This is a loud and clear statement claiming VCSY is nothing more than a sham and the VCSY longs are boiler-room crooks milking anyone stupid enough to buy the stock.

Would we not be in jail at least by now?

If you think through the chains of logic that necessarily flow from these attitudes, you realize somebody has to suspend belief to a far greater extent than the theories, speculations and opinions we offer. Your version might be believable in the case of a stock that's been around for a year or less. Maybe. But, to ask the readers to believe a wad of professionals would hang to play this fraction of a penny rodeo with the volumes seen and add on top the incredible claims backed up with references and information found by ongoing searched by a wad of amateurs learning the social web and mining the internet for all the corners.

Another thing; most things called "conspiracy" are little more than arrogant game players screwing the pooch and letting pieces of information become available about just how good it was. An intellectual property as valuable as VCSY's is going to bring out the worst in people who don't own it. Conspiracies? I would say, planning for the wrong outcome. Being had? I would call it picking up the soap at an inoportune time.

http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_V/threadview?m=tm&bn=33693&tid=5892&mid=5892&tof=1&frt=1

Doesn't it see a little strange to you, Portuno_diamo, that the very moment a website mentioning Siteflash, eMpath, or some other vcsy "product", patent or alleged "partnership" is constructed, one of your subservient minions finds it instantaneously? Out of the BILLIONS of websites created every day, they seem to find websites that stay online for mere hours? And doesn't it seem strange that as soon as you or your minions mention it and provide a link on a bulletin board or your various blogs, that website "mysteriously" disappears? It's happened more than once.

It REEKS of fraud. It might go like this....

There's nothing going on in vcsyland worth talking about and the trops are getting restless, so one of your obedient followers or one of your bosses constructs a one-page website and makes up a fake name for a company. This website contains just enough information to make it appear there's some connection to VCSY. It might turns up as a Brazilian website (wonder who's located there??). Something like this takes a very effort and a small amount of time to do. Even a caveman could do it.

Next, you or one of your puppets is somehow informed of this website and multiple messages appear on various bulletin boards with links to that website, and you place a link in your many vcsy-related blogs, announcing a newly found "partner" or customer to vcsy.

Suddenly, there's "news" and everyone gets excited and jubilant, and in a flurry of activity they begin fabricating all sorts of scenarios by which vcsy is going to get famously rich. The pumping and hyping continues, then others try to access the website....but it's suddenly taken down, never to be seen again.

Now the conspiracy theories develop. Theories such as "vcsy didn't want anyone to know they were working in stealth with this company". "Vcsy wasn't 'ready' to announce this relationship just yet". "The SEC and NSA 'officially requested' that this website be taken down so as to not blow their investigation". "MSFT made them do it to hide the grand plan".

The problem is, the company who supposedly owned this website is phony. The website is phony. It's all designed to stir up even more questions about vcsy, to perpetuate the mystery. It will never end. You will never let it end, even if vcsy is no longer an operating entity, should that ever happen.

If/when vcsy loses the MSFT case, I'm sure you'll make up some intricately woven story that claims vcsy and MSFT agreed to make it APPEAR that they lost the lawsuit, but now they have a super-secret development agreement in place and the product will be available sometime in the future, as in "soon". Or you will claim that the judge was paid off by MSFT in an illegal attempt to "crush" vcsy so it can't dominate the world of software and fiber optic communications. I'm sure there will be more dots to connect. You and your crew will invent those dots. It will go on and on and on and on....just like it has for almost a decade so far.

You're very transparent....you and all of your cohorts.

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

I just wanted to place this here as a historic marker. Kind of like having a gargoyle in the baby's room to remind junior what kind of things people can say about you without any available reference information to support what's said. It's a practice honed by the Gestapo in early 20th century Germany.

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

Well, now, this looks significant.

http://biz.yahoo.com/ap/080707/media_uncertainty.html?.v=4AP
Uncertainty aplenty as Web, media leaders convene
Monday July 7, 6:01 pm ET
By Jeremy Herron, AP Business Writer
Media, Internet moguls meet at Idaho luxury retreat, most seeking more online revenue

Microsoft co-founder Bill Gates, a perennial at the Allen conference, won't be joined by CEO Steve Ballmer. But he is bringing the company's top dealmaker, Henry Vigil, Microsoft's senior vice president for strategy and partnership.

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


Posted by Portuno Diamo at 10:37 PM EDT
Updated: Monday, 7 July 2008 9:24 PM EDT
Saturday, 28 June 2008
Suggested Reading
Mood:  d'oh
Now Playing: Fomented Jungle - High anxiety animals in a ruthless game of get-your-goat (the goat loses)
Topic: The Squirts

Some things you should be familiar with if you want to be able to chart MSFT's course from here out. You should take the time to read the articles pointed to by the hyperlinks in each of these articles.

February 8th, 2008
Microsoft Kool-Aid and the cloud
Posted by Phil Wainewright @ 4:46 am

March 17th, 2008
Ozzie signals Microsoft’s surrender to the cloud 
Posted by Phil Wainewright @ 3:57 am

June 25th, 2008
Is Bill Gates a secret cloud convert?
Posted by Phil Wainewright @ 2:40 am

Well, hell, this can't be good.

UHHH OHHHH Who made a doody?

ADO .NET Entity Framework Vote of No Confidence

The signatories of this letter are unanimous in expressing concern for the welfare of software projects undertaken in the Microsoft customer community that will make use of the forthcoming ADO .NET Entity Framework.

We collectively urge Microsoft customers to seriously consider the concerns of a group of experts that Microsoft has called, “the technical community’s best and brightest,” and who share a deep commitment to community and a willingness to help others. We have been building entity-based applications since the initial release of .NET using both Microsoft and non-Microsoft tools, and have accumulated a tremendous amount of experience in general best practices for entity-based applications as well as best practices for entity-based applications with .NET.

Because of the technical misgivings with the Entity Framework’s current design and implementation, and the potential future risk they pose to Microsoft customer projects we respectfully submit a Vote of No Confidence for the ADO .NET Entity Framework in its current state and for the on-going challenges with the expert community feedback processes.

We urge Microsoft customers who will be considering entity architectures for their software application projects to be aware of the following unresolved issues with the impending first release of the ADO .NET Entity Framework:

Well, of course, I'll post them one at a time and see what we can see in the technological entrails, but, as a wise farmer once told me, you don't eat a prize winning hog like that all at once.

http://efvote.wufoo.com/forms/ado-net-entity-framework-vote-of-no-confidence/
"INORDINATE FOCUS THE DATA ASPECT OF ENTITIES LEADS TO DEGRADED ENTITY ARCHITECTURES:

While entities are data objects from the perspective of data storage and data storage technologies, entities are more significantly behavioral objects from the perspective of entity-oriented applications."

Read the VCSY claims construction and you will remember the explanation VCSY gives of the arbitrary object - an object which acts to keep itself informed as to maintain an always ready interface as an arbitrarily used object.

The MVP's here are complaining they do (or "did") that kind of work with Microsoft. What's up with that capability being yanked out of ADO.Net? What's up with that?

"The Entity Framework’s focus is on the support the data storage aspects of entity objects at the expense of the primary use case for entities in software applications, which is to govern business rules and business logic. Without recognizing this key architectural enabler and distinction, the ADO .NET Entity Framework team has built only half of the story into the framework..."

Uhhh ohhhh. I don't know this was designed this way by these people or this is one colosal booboo but these guys are clearly outing Microsoft's claim construction, showing Microsoft engineers know about this kind of architecture and they want to advance in it.

This reminds me of portuno's law of multiple modal opportunities: something doesn't just happen; something is caused by the something that happened before. So this one event deserves some in depth delving. I don't want to treat this one too tritely. I think we have the crack in the Microsoft dam that was bound to happen to any old, creaky and never tested bulwark.

Meanwhile, a closer look at the issues by Tim Mallalieu:

Tim Mallalieu's Blog.

Just a PM's random musings on data, models, services...

Vote of No Confidence

So,

It's been a long, long time since I have posted anything on my blog. Reality is I tried to maintain a blog where I thought I could come up with wonderfully profound things to share with the world but clearly that was not the case.

(worth the read at the URL for the technical side of the issues stated in the petition)

Sigh. You can almost hear the disappointment in the guy's heart. To have thought you were working with the world's greatest software company thinking you were going to be on the team to bring a new generation of real software advances... only to find you were a sandbag in the business of trying to get what didn't belong. That's a shame.

These are the reasons the MVP's signed the Vote of No Confidence in Microsoft's ADO.Net Entity Framework. Each of these is a description of the bottleneck encountered when you try to build an arbitrating object framework. This is the problem with traditional procedural methods in software. VCSY's patent does not block this road of development, thus is not too broad. VCSY's patent demonstrates a way to get around these bottlenecks... leaving traditional procedural software methods to do whatever they can.

Providing an advanced capability is not "unenforceable" because the advances provided by 744 stick out like a sore thumb when you don't use them.

From http://efvote.wufoo.com/forms/ado-net-entity-framework-vote-of-no-confidence/

INORDINATE FOCUS THE DATA ASPECT OF ENTITIES LEADS TO DEGRADED ENTITY ARCHITECTURES:


EXCESS CODE NEEDED TO DEAL WITH LACK OF LAZY LOADING:


SHARED, CANONICAL MODEL CONTRADICTS SOFTWARE BEST PRACTICES:


LACK OF PERSISTENCE IGNORANCE CAUSES BUSINESS LOGIC TO BE HARDER TO READ, WRITE, AND MODIFY, CAUSING DEVELOPMENT AND MAINTENANCE COSTS TO INCREASE AT AN EXAGGERATED RATE:


EXCESSIVE MERGE CONFLICTS WITH SOURCE CONTROL IN TEAM ENVIRONMENTS:

I'll fill out each of these over the next few days and show you where this element is addressed in the patent. The bottom line is Microsoft's developers just handed VCSY's lawyers a validating list identifying what Microsoft should admit and a huge opportunity only days from a point where the judge could issue a summary decision about Microsoft's claims.

Perhaps before I start fleshing out the above MVP's complaint, you should have an opportunity to see what I thought of the patent a month after it was granted in 2004. HERE

Now we can begin talking about the next world.

Woops - and let's not forget the TIMELINE


Posted by Portuno Diamo at 3:23 PM EDT
Updated: Saturday, 28 June 2008 2:57 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
Lightening the Ship of Commerce. (a history of flotsam and jetsom in the 21st century)
Mood:  cool
Now Playing: HOT ROD BOD - Farm boy quits the pig city for the quiet life (gameshow)
Topic: The Squirts

So we have someone from the Microsoft Board of Directors hitting the silk (as it was once said - back then it meant soiled underware; today I suppose it means silk sheets):

Jon Shirley, with Microsoft since 1983
Jon Shirley, with Microsoft since 1983

ALAN BERNER / THE SEATTLE TIMES
Brier Dudley's Blog

 But here we have not just any BOD member. We have one of the mamas and the papas of Microsoft in Jon Shirley.

"Turned 70 this year and is reducing his professional committments."
(ME: Is he stepping down from other board memberships? If anyone can illuminate please comment and we'll cornverse.) He will stay on until the next annual meeting in November 2008 when he can be replaced.

MICROSOFT TIMELINE
August 1, 1983 Microsoft announces that Jon Shirley, 45, has joined Microsoft as President and Chief Operating Officer and will be on the board from August 1, to June 30,. He is replacing James Towne. Shirley was previously with the Tandy Corporation

  • In August 1983, Jon Shirley, 45, joined Microsoft as president, chief operating officer and director. Prior to Microsoft, Shirley was vice president of computer merchandising at Tandy Corp. and had held a variety of positions in sales, merchandising, manufacturing and international operations. At Microsoft, Shirley provided the young company with the professional business acumen needed to steer it through the birth of the Windows operating system, the move to the Redmond campus and the initial public offering.

  •  

     


    Posted by Portuno Diamo at 3:09 AM EDT
    Updated: Thursday, 19 June 2008 3:42 AM EDT
    It's not you, it's me. And me. And me. And...
    Mood:  hug me
    Now Playing: Lacking Substance - A blob takes over small town and falls down sewer hole (entertainment)
    Topic: The Squirts

    I just have to post this. I hope dabbler doesn't mind. He managed to capture a sweet accident in the happening.

    Those of you who are not died in the wool treeforters won't appreciate the humor in this. But, us treeforters love this kind of capture because it shows just how untrusted "bashers" should be held.

    This is message 214164

    You can try to find it but it's been deleted. Dabbler is one of the people who bother to record posts for just this kind of event.

    It's in response to message 214150 . Yes you can read that one. In fact, let's print that one too:

    By: popjason
    17 Jun 2008, 07:40 PM EDT
    Msg. 214150 of 214176
    Jump to msg. #  
    tepe,
    enough, already. we got your point after the 243rd time, you made it.

    pop
    - - - - -
    View Replies »

    By: rheemer1
    18 Jun 2008, 09:43 AM EDT
    Msg. 214164 of 214164
    (This msg. is a reply to 214150 by popjason.)

    Jump to msg. #  
    why don't you shut up pops.. YOU don't know whether your a treeforter or a basher... you piece of crap!!

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

    So after all this time we now see Rheemer is Tepe.

    Why? Why so much energy and effort since just before the 521 patent grant? Relentless pounding on every possible positive bit of news for VCSY and Rheemer and Tepe hammered every chance "they" would get. Why?

    Now, we have Rheemer demonstrating just how draped in Tepe he is.


    Posted by Portuno Diamo at 12:24 AM EDT
    Updated: Thursday, 19 June 2008 12:40 AM EDT
    Wednesday, 18 June 2008
    Old timers walk as fast as they can - not as fast as they could.
    Mood:  caffeinated
    Now Playing: Bamboozled - Wealthy industrialist steps out of time machine into mudhole (bewitching science)
    Topic: Prenatal Visits

    I liked my comment so much I figured I would turn it into a blog entry. Easy enough to cut and paste... snip snip squirt splotch:

    You'll find it here: http://www.microsoft-watch.com/content/web_services_browser/a_month_of_gates_5.html#comments

    portuno :

    "The Internet is the most important single development to come along since the IBM PC was introduced in 1981." Bill extolled the "PC standard" as the reason for the platform's success.

    I agree the PC Standard is the reason for the internet's success. Without the PC, the "internet" would be a buried commodity stuffed into corporate cost centers and we would all be in a TV based AOLand.

    Without PC's, Mainframes would be talking to each other by now on zettabyte optical fibers (1 zettabyte = 1000 terabyte) and providing supercomputer clusters as a matter of course... but, it would have taken twenty years.

    The PC filled in for the very slow transmission speeds of the networks of the Mainframe's days. I remember when an industrial grade network coax was as big around as a fruit juice can and tapping into that thing was an eight hour job. Mainframe's were fast as long as everything was real close.

    If you had to transport data over a distance, you were going to do it at a large cost and you were going to have to be very judicious about what data you needed to send and receive.

    The interim "answer" was to physically transport what the mainframe could do to the local user. Of course, you could only use subsets of function and you had to be judicious with your memory instead of network resources. In fact, there were no network resources unless you worked for a Fortune 5 or the Government. And memory was exchangeable across the geographic space between the ordinary PC by 8 inch floppy.

    But, over time the need to bring those capabilities and memory storage up to the level available in mainframes evolved the current technology. Given a mainframe is a massively cored local computing resource, the mainframe has evolved right along with the PC.

    What kept the mainframe in second place, however, has always been network throughput limits.

    Those limits are coming off. Once the network speed gets to a mature point where it can transport 100Gbps per user available at large scale, the mainframe idea takes hold of its dominance again.

    Computers are expensive to buy and maintain. Just as you got a subset of Mainframe functionality and performance, you also took on a subset of the mainframe's support structure in energy and treasure.

    Where a mainframe is multi-cored local resources, the PC has an opportunity to combine multi-cored distributed resources. With ultra-broadband, distributed assets can one day bind together mimicking the mainframe's multi-agent architecture by applying tailored agent assets where the expert user is able to fit the specific tasks or disciplines employed in the software structured for that glob of PC's inter-arbitrated into mainframe-like application systems.

    Once the physical interconnecting network element is transparent ("zero" latency and unlimited headroom at immediate need) the actual "network as a computer" Sun envisioned will come to be.

    When will that be? Verizon is selling and lifting bandwidth while AT&T, Comcast and Time Warner are starting to become bandwidth misers. The Large Hadron Collider data collection system boasts speeds 10000x as fast as current speeds and the speak is that is extensible to others over large geographic distances.

    It's all in the optical fiber since copper has its limits no matter how clever you may be. The discrimination technology in the lazers and their detectors is what holds us back at this point. It's always been the needed force to open the network hoses to fully open.

    The PC has the chance to become a cluster node in ultra-large and ultra-fast globframes IF Microsoft can manage to squeak through this one keyhole: "Bill realized that the Internet was built on standards over which Microsoft really had no control. In the memo, he called out HTML, HTTP and TCP/IP. He rightly observed that the Internet's popularity would rapidly grow. "Browsing the Web, you find almost no Microsoft file formats," he wrote. He observed not seeing a single Microsoft file format "after 10 hours of browsing.""

    Where is that "file format on the internet" thing now, anyway?

    Bill's company has had 13 years. 13 years of being at the peak of dominance in the computing market. Bill has had 13 years since he said this: "Now I assign the Internet the highest level of importance." He then went on to assert that "the Internet is crucial to every part of our business."

    And he has only succeeded on the internet insofar Sharepoint has succeeded since its inception at the hands of people who "invented" technology three years after someone else applied for government protection to develop the technology they had invented for real. People who really employed the standards Bill Gates fought for those 13 years.

    If Bill had been less compelled by paranoia and more compelled by a genuine spirit of cooperative development with the information pool (the real customer of computers) he would already be shepherding in Microsoft's next reign of dominance. As it stands, Microsoft is a shoddy-build contraption clinking and clanking toward an inexorable plunge off the cliffs of irrelevance. Why? Because they're late to the party and those who've been practicing what Microsoft's been only preaching for 3 years have things pretty well mapped out as far as I can see.

    "Bill wrote: "Amazingly it is easier to find information on the Web than it is to find information on the Microsoft corporate network. This inversion where a public network solves a problem better than a private network is quite stunning." "

    Microsoft does not understand networks. They didn't understand networks 13 years ago because their empire depends on the island of automation embodied by the PC and the instrumentation that can be directly connected to that local resource by ethernet.

    They only see networks as a way to transport product that will maintain the local power-structure. A million pieces, each to replicate a small portion of a mainframe's power is vastly more costly to the world at large than a single mainframe installation with a world of pc's.

    If it's just interface you need (and that's really all the user needs when bandwidth becomes ubiquitous and unthrottled) you need a small investment in display and keyboard and graphics processors... and the world is your computer.

    Microsoft may have lost the opportunity to be there. Now they need to maximize the fat client.

    Just as the world embraced tinkering with hardware to replicate soft activity, the world is on the verge of getting just a taste of software to replicate soft and hard activity with no limits on what the novice can build and vast horizons for those who know how to handle replicated tools and resources.

    The age of the PC is in transition. The PC market will dwindle just as the mainframe dwindled. Smaller devices and speech interface will fit the neo-client to the neo-consumer.

    And Bill Gates will sit and remember those words:

    "[We must] define an integrated strategy that makes it clear that Windows machines are the best choice for the Internet. This will protect and grow our Windows asset."

    "We need to establish distributed OLE as the protocol for Internet programming." [Object Linking and Embedding later evolved into ActiveX.]

    "We need to give away client code that encourages Windows specific protocols to be used across the Internet."

    None of it worked. The standards he saw staring him in his face on the internet were the open standards he needed to embrace. But, he and his army weren't smart enough or trusted enough to figure out how to use those standards.

    They still haven't - that's the dirty little secret behind this slow, stumbling decay and slouch toward obsolescence that has left a gaping hole in Microsoft's reputation.

    Microsoft announcing they will adopt UML is a marker. Hell, it's a flare. It says "we surrender". "We want to save our company so it will grow in the future."

    The only hope for Microsoft is to be able to fit in the world of corporate business modeling since they've abdicated by error their opportunity to build on the web. Times do pass, you know. Once that time is past, getting there becomes exponentially more difficult and costly - exponentially through time.

    Steve Ballmer didn't surrender. You can bet that. Bill Gates did the flag waving. Steve Ballmer has entered that long winter CEO's face when they screwed up in public and have no cover. And, after all that planning... Ballmer told us all through a willingly complicit media he "put a lot of personal thought" into his plan for Yahoo.

    Plan A fizzled. There was no Plan B. By the time a Plan C came out, the industry was talking openly about Microsoft's blunders. Plan D, Carl (Codger) Icon sliced off a chunk of Yahoo butt and said Microsoft was going to starve to death unless they could cook on the internet. Plan E? Enough. Already.

    "Bill Gates established the blueprint in 1995, and it's only in the last 18 months that Microsoft has started to really deviate from it. But that's a topic for another post."

    Joe, we're waiting on pinchers and wedges for you to be able to explain how 13 years of doing the wrong things came down to doing 18 months of preparation to do right.


    Posted by Portuno Diamo at 3:37 PM EDT
    Updated: Wednesday, 18 June 2008 3:40 PM EDT
    Saturday, 14 June 2008
    Some people don't know what they've said or why.
    Mood:  accident prone
    Now Playing: Not Hot - Cold trails are examined for stale crumbs (detective series)
    Topic: The Squirts

    How much has Microsoft made off of Sharepoint over the years? Well, we would first have to find out where Sharepoint began.

    Network World article - SharePoint taking business by storm

    Published 27 March 08 09:57 PM
    The article goes on to talk about the exploding growth, some of the current SharePoint weaknesses, and the looming battle with IBM. Interesting stuff...
    From a personal perspective it has been rewarding to watch SharePoint grow up as a product. I can remember back in early 2002 when a small group of us invented the Web Part framework and the list web service APIs thus molding SharePoint into a developer platform. Interestingly, many of the key contributors of the first version of web parts went back to work on Access 2007 and are now working on Access vnext.

    (more at URL)
    ------
    Web Part framework Article source: CoDe (2003 - Vol. 1 - Issue 2 - Microsoft Office System )

    You can use Visual Studio .NET to build Web Part assemblies for use in SharePoint products and technologies. There are two options for building your Web Parts in Visual Studio: you can use the standard (provided) template for building a Web Control gallery, or you can use a special template and build a Web Part gallery. The Web Part gallery templates are not included with Visual Studio .NET, but they are downloadable from http://msdn.microsoft.com/library/default.asp?url=/library/en-us/dnspts/html/sharepoint_webparttemplates.asp

    "
    Using SharePoint and Web Parts, non-programmers can assemble the information they need and control how they want it displayed.
    "

    (me: And all the time in 2003, they knew what it all meant and how important it all was.) 

    Developing Web Parts is definitely not your grandfather's programming. Web Parts mean new opportunities, new horizons, and new challenges for developers providing a revolutionary capability for end users to customize their workspaces.

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

    Well well well, isn't THIS interesting. Microsoft has been working on the abilities VCSY's patent claims since "early 2002 when a small group of us [says Clint Covington] invented the Web Part framework and the list web service APIs thus molding SharePoint into a developer platform. "

    Now, the question I would like answered is, since Clint and his buddies "invented" these kinds of capabilities a few years after McAuley applied for the 6826744 patent in 1999, where are the patents Microsoft secured from Clint's work?

    We'll find out. This is all just from the first few google results on a sharepoint + criticism search. What's instructive in this little scrap; in this day and age of ubiquitous blogs and developers starved for attention by their own managements, little pieces of information to flesh out scenarios are all over the world and there for the seeking.

    Now that we know where the guns began, we can begin picking the Sharepoint architecture apart and see who's been responsible for what. We'll also be able to see which websites go down and missing. Mens rea is easily displayed in things written, said and done over time when the perpetrators thought they were innocently involved.


    Posted by Portuno Diamo at 4:42 PM EDT
    Updated: Saturday, 14 June 2008 5:08 PM EDT

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