Patent case challenges Microsoft's 'AutoPlay'

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A federal judge has set a December date for a patent suit challenging "AutoPlay" technology included in recent versions of Microsoft Windows.

Judge Jeffrey White of U.S. District Court for the Northern District of California recently set Dec. 17 to hear Microsoft's motion for partial summary judgment in the suit bought by TV Interactive Data (TVI), a small Monte Sereno, Calif., company specializing in interactive television technology. The case originally had been set to go to a jury trial last July.

TVI filed the suit in 2002, alleging that AutoPlay technology included in every version of Windows since Windows 95 infringes on its U.S. patents 5,795,156 and 6,249,863. AutoPlay examines the contents of a CD-ROM or other type of optical disc when inserted into a Windows PC and automatically executes the most appropriate task, such as launching the installation program for a new software application.

News source: C|Net News.com

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#1 diamonds on 13 Oct 2004 - 22:52

some of the old patent cases were bad, but this one is just ****ing stupid. "Since windows 95" so they wait till now to actually do something about it.

(2 replies) #2 jivemastert on 13 Oct 2004 - 22:56

well, if that patent was around in 1998, how would windows 95 be infringing on it? retards... and maybe we shouldnt be able to see media when we insert it? cause thats what the OS does... it shows it to us automatically in some way or form. Mac OS does this. it puts an icon on the desktop... that seems to be the most appropriate action doesnt it? maybe dvd players are illegal. when you insert media into a dvd player, what does it do? it automatically loads up your menu. when you put a cd in a cd player it automatically starts playing! ARG!!!! also, in the newest versions of windows, it ASKS you what you want to do. the patent doesnt specify any sort of input from the user as to what they want to do. so, the out of production windows 98/me might be slightly in violation of this patent, but cmon, please. this is absurd.

#2.1 Post-It Note on 13 Oct 2004 - 23:07

So they have to define what the most appropriate task is. If it was an install program, then it should automatically run through the install process and give you millions of dollars.

#2.2 shao on 13 Oct 2004 - 23:33

strictly speaking in windows95 the os never took a rough guess as to what the it thought the most appropriate action was to do with a lot of discs. It was hardcoded into the autorun.inf to run application-x, which usually resided on the cd itself. no guess work, just do.

I also fail to see how the patent description relates to someone inserting a cd rom into a computer, and the computer firing up an application.

"An autostart driver in the host device detects insertion of a storage media into a peripheral and automatically starts an application. The application interprets button codes transmitted by the remote control and displays the results or initiates other events."

remote control? button codes? i don't think so.

#3 Sn1p3t on 13 Oct 2004 - 23:00

*Sigh*

(3 replies) #4 icecaveman on 13 Oct 2004 - 23:07

Hope you now understand why Microsoft patents "stupid" things?
Because of all those crazy sue-aholic Americans that's why.

#4.1 neufuse on 13 Oct 2004 - 23:17

I assume you forgot about some of the Europeans sueing Microsoft over some patents also right?

It's not just Americans

#4.2 icecaveman on 13 Oct 2004 - 23:24

Sure Europeans sue like everyone else but it has become one of the biggest "symbol" of America as without a doubt there is no country in the whole world with as much sue-frenzy as the US.

#4.3 theyarecomingforyou on 14 Oct 2004 - 19:09

QUOTE

without a doubt there is no country in the whole world with as much sue-frenzy as the US.

Indeed, but Europe is starting to get more ridiculous - it is similar to the situation of UK TV, which is now dominated by adverts 'begging' you to claim compensation for accidents, etc; it is a sad reflection of society.

#5 ghos on 13 Oct 2004 - 23:39

By chance if this suit wins, it will be a sad day in computing. Although I should think they would have been embarassed to even bring this suit. If they held a patent on it, how come they didn't sell it immediately or make use of it. Boneheads. Everyone is sue crazy. I know there is money involved, but admit it, they screwed up and are now trying to get some easy money because of it.

#6 weenur on 13 Oct 2004 - 23:54

The first patent was filed on November of 1995. When did Win95 come out? August of '95, right? So, unless they were working with MS, which I doubt, they'd have to prove that MS didn't have autorun before they did. Good Luck.

#7 Porp on 14 Oct 2004 - 01:25

(1 reply) #8 Radium on 14 Oct 2004 - 01:29

I never noticed that Windows actually examine the media.
I'm only aware of the standard "autostart.ini" stuff, and the play-first-track on Audio CD's.

They should sue themselves and the court instead of Microsoft.

Sue themselves because they sue Microsoft and sue the judge allowing them to sue Microsoft and later on themselves.

I'm going to patent the use of gases and sue every possible thing.

#8.1 Black on 14 Oct 2004 - 19:57

It does examine the contents of discs to autoplay CDs, DVDs, MP3/WMA and even pictures (with the slide show view in XP), that doesn't mean that this claim isn't still a load of rubbish though.

#9 conna on 14 Oct 2004 - 01:47

But if they win then they get some cash. Might not be right but M$ should cover its butt on things like this or every sue happy lawer will try. Blame the courts and the lawers for junk like this. Shoot, next you can sue for spilling hot coffee in lap...

(1 reply) #10 JimmyT on 14 Oct 2004 - 03:02

I know that's a stupid question, but what is a patent? Is it just an idea registered to somebody's name?
If a patent is just an idea, should we all register every (stupid or not) idea we have and sue the inventors that make them work? Lets say I register this idea: Car with no wheels. Should the real scientists pay me when they make this car? I think it's stupid.
And why are there 2 identical patents?

#10.1 Radium on 14 Oct 2004 - 13:45

Patents is used to protect your ideas and prevent them for beeing copied.
The patent ain't free and it costs to keep a patent alive, and you have to pay for patents in each country and/or unions.

The patent itself is a piece of paper that describe your ideas, so your patent has to be as descriptive as possible.

If someone makes something that doesn't match your description close enough then you're dead.
You have to keep an eye on your patents.

Sort of like that.

You can't patent everything, like patent the wheel. People wouldn't care even if there's a patent for it.
Your patent has to describe your invention in detail and you can't just say "Use of oxygen!" and sue everyone who use oxygen.

#11 SaLiVa on 14 Oct 2004 - 05:53

My first reply to the title was Oh My God!!! Autoplay?!?!? Every single game CD, or application CD I have ever owned uses it, and besides, there is the option to disable it!!! What is with these courts? Its grabbing money than doing any justice. It just comes to prove how Free Speech "With responsibility" is working in US, it isnt. Theres absolutely no justice what so ever in Patents, it brings more troubles than fixes. And this is coming from a guy who's name translates to English from Arabic is "Just"

(1 reply) #12 SaLiVa on 14 Oct 2004 - 06:02

I've got an idea, why doesnt Microsoft just move out of America and start business anew some place else? That way they can avoid every single "steupid" or problematic patent. I dont think a person in China would have registered "Autoplay" in the Chinese courts.

#12.1 shao on 14 Oct 2004 - 08:22

thanks for repeating what i'd already said several hours previously.

(1 reply) #13 Jonathans on 14 Oct 2004 - 06:37

The problem with this type of patentcase is that both parties use completely different technology (least for the original Windows "AutoPlay" feature). The article states that TVI's technology used too analyse the disk and determine by the contents what should run, where as the microsoft way was to include the autoplay.inf file, which directed windows too open a specific program... how is that an infringment on copyright laws?

#13.1 Slugsie on 14 Oct 2004 - 11:42

In Windows XP, XP also examines the contents of the disc. If there is no autoplay.inf file, and Windows finds the disc contains a load of image files then it offers to do things like display a slide show etc. It bases it's choices on what is on the disc.

#14 Jugalator on 14 Oct 2004 - 07:22

If they had been interested in protecting their technology, they'd have done this around 10 years ago. But they're just after the money this time, crossing their fingers and hoping to win, not at all interested in protecting their "innovation" and simply abusing the system for their own benefit.

Another example of why software patents sucks... People can plagiarize a lot of stuff without getting in trouble if they just want to, but suddenly if you step on a software patent trap for the most obscure thing, you get problems... bah

Feels like "No, I patented 'adding 1 tablespoon sugar' at this point in this recipe, so you can't make another recipe where this is done".

Copyrights protects developers good enough in my opinion.

Last edited by 21023 on 14 Oct 2004 - 07:28

#15 ssvegeta384 on 14 Oct 2004 - 09:59

This is rediculous. People these days are suing M$ for every little thing. "Oh no, you included WMP but not RP!" "Oh no, you won't let us put our icon on the desktop!" "Oh no, I made something later then you did, but I'm gonna sue and say it's mine!"

(1 reply) #16 blackice912 on 14 Oct 2004 - 10:42

"An autostart driver in the host device detects insertion of a storage media into a peripheral and automatically starts an application. The application interprets button codes transmitted by the remote control and displays the results or initiates other events."

Uh, Xbox? PS2? DVD player?

Host device: Xbox/PS2/DVD
Storage Media: Game/Movie
Starts App: Game App/Plays DVD
Remote Control: Game Controller/DVD Remote

#16.1 Andareed on 14 Oct 2004 - 11:49

The patent lists game consoles. They explain that once a game cartridge is inserted, you have to toggle the power switch on and off. So it's not fully automated like autoplay would be. What's funny, is that they claim that toggling a switch is difficult for a 2 year old yet inserting the cartridge is not...