Thoughts On The API

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Thoughts On The API

by Glenn Lyons :: Rate this Message:

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According to <http://en.wikipedia.org/wiki/XML-RPC>

"XML-RPC was patented by Phillip Merrick
<http://en.wikipedia.org/wiki/Phillip_Merrick>, Stewart Allen, and
Joseph Lapp in April 2006, claiming benefit to a provisional application
filed in March 1998. The patent is assigned to webMethods
<http://en.wikipedia.org/wiki/WebMethods>, located in Fairfax, VA
<http://en.wikipedia.org/wiki/Fairfax,_VA>.
Merrick et al. (2006-04-11). "US Patent 7,028,312"
<http://www.google.com/patents?id=WFV4AAAAEBAJ>

Questions:
1. Does this apply to weberp XMLRPC api's?
2. If so, how does it affect weberp's open source status?


Regards,
Glenn

^ <http://en.wikipedia.org/wiki/XML-RPC#cite_note-merrick01-2>

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Re: Thoughts On The API

by Lindsay Harris :: Rate this Message:

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I'm not a lawyer,  but this smells like yet another bogus patent.  The
wikipedia page states:-

XML-RPC was created in 1998 by Dave Winer of UserLand Software and
Microsoft[2]. As new functionality was introduced, the standard
evolved into what is now SOAP.
XML-RPC was patented by Phillip Merrick, Stewart Allen, and Joseph
Lapp in April 2006, claiming benefit to a provisional application
filed in March 1998. The patent is assigned to webMethods, located in
Fairfax, VA.

I can't see how something like XML-RPC can be patented.  That's not to
say it is not patented,  just the patent is silly.  I don't know when
XML was developed,  but I presume it predates 1998.  Ditto for RPC,
but I used that in the early 1990s, so that concept predates the
patent application date.  RPC implies some type data encoding; that
it happens to be XML, or ascii, or bits or whatever, is not relevant.

Reading the wiki link about the current owner makes them sound like
one of those companies which buys patents and then
litigates/blackmails users.

And I don't see that webERP would be held liable for its use, given
that we are using a standard library for the transport mechanism.

Lindsay
who considers all software patents are, by definition, invalid.

On Tue, 3 Nov 2009 17:02:37 Glenn Lyons wrote:

> According to <http://en.wikipedia.org/wiki/XML-RPC>
>
> "XML-RPC was patented by Phillip Merrick
> <http://en.wikipedia.org/wiki/Phillip_Merrick>, Stewart Allen, and
> Joseph Lapp in April 2006, claiming benefit to a provisional
> application filed in March 1998. The patent is assigned to
> webMethods
> <http://en.wikipedia.org/wiki/WebMethods>, located in Fairfax, VA
> <http://en.wikipedia.org/wiki/Fairfax,_VA>.
> Merrick et al. (2006-04-11). "US Patent 7,028,312"
> <http://www.google.com/patents?id=WFV4AAAAEBAJ>
>
> Questions:
> 1. Does this apply to weberp XMLRPC api's?
> 2. If so, how does it affect weberp's open source status?
>
>
> Regards,
> Glenn
>
> ^ <http://en.wikipedia.org/wiki/XML-RPC#cite_note-merrick01-2>
>
> -------------------------------------------------------------------
>----------- Come build with us! The BlackBerry(R) Developer
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Re: Thoughts On The API

by Tim Schofield :: Rate this Message:

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Glenn,

As Lindsay says the patent is one the many bogus software patents in
the USA. Dave Winer's authorship of the protocol is so well documented
as to make the patent laughable. Also it only applies in the USA, and
not in Australia so you are safe there as well. XML-RPC is used in
many many open source projects, there is an implementation built into
PHP for instance. Trac provides an XML-RPC interface, I could go on
for a long time. My guess would be these people are hoping that a big
company will use the protocol, and then find it easier to pay them
rather than fight an expensive court case.

Thanks
Tim


2009/11/3 Lindsay Harris <lindsay@...>:

> I'm not a lawyer,  but this smells like yet another bogus patent.  The
> wikipedia page states:-
>
> XML-RPC was created in 1998 by Dave Winer of UserLand Software and
> Microsoft[2]. As new functionality was introduced, the standard
> evolved into what is now SOAP.
> XML-RPC was patented by Phillip Merrick, Stewart Allen, and Joseph
> Lapp in April 2006, claiming benefit to a provisional application
> filed in March 1998. The patent is assigned to webMethods, located in
> Fairfax, VA.
>
> I can't see how something like XML-RPC can be patented.  That's not to
> say it is not patented,  just the patent is silly.  I don't know when
> XML was developed,  but I presume it predates 1998.  Ditto for RPC,
> but I used that in the early 1990s, so that concept predates the
> patent application date.  RPC implies some type data encoding; that
> it happens to be XML, or ascii, or bits or whatever, is not relevant.
>
> Reading the wiki link about the current owner makes them sound like
> one of those companies which buys patents and then
> litigates/blackmails users.
>
> And I don't see that webERP would be held liable for its use, given
> that we are using a standard library for the transport mechanism.
>
> Lindsay
> who considers all software patents are, by definition, invalid.
>
> On Tue, 3 Nov 2009 17:02:37 Glenn Lyons wrote:
>> According to <http://en.wikipedia.org/wiki/XML-RPC>
>>
>> "XML-RPC was patented by Phillip Merrick
>> <http://en.wikipedia.org/wiki/Phillip_Merrick>, Stewart Allen, and
>> Joseph Lapp in April 2006, claiming benefit to a provisional
>> application filed in March 1998. The patent is assigned to
>> webMethods
>> <http://en.wikipedia.org/wiki/WebMethods>, located in Fairfax, VA
>> <http://en.wikipedia.org/wiki/Fairfax,_VA>.
>> Merrick et al. (2006-04-11). "US Patent 7,028,312"
>> <http://www.google.com/patents?id=WFV4AAAAEBAJ>
>>
>> Questions:
>> 1. Does this apply to weberp XMLRPC api's?
>> 2. If so, how does it affect weberp's open source status?
>>
>>
>> Regards,
>> Glenn
>>
>> ^ <http://en.wikipedia.org/wiki/XML-RPC#cite_note-merrick01-2>
>>
>> -------------------------------------------------------------------
>>----------- Come build with us! The BlackBerry(R) Developer
>> Conference in SF, CA is the only developer event you need to attend
>> this year. Jumpstart your developing skills, take BlackBerry mobile
>> applications to market and stay ahead of the curve. Join us from
>> November 9 - 12, 2009. Register now!
>> http://p.sf.net/sfu/devconference
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>> Web-erp-developers mailing list
>> Web-erp-developers@...
>> https://lists.sourceforge.net/lists/listinfo/web-erp-developers
>
>
>
> ------------------------------------------------------------------------------
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> ahead of the curve. Join us from November 9 - 12, 2009. Register now!
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Re: Thoughts On The API

by Glenn Lyons :: Rate this Message:

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Tim and Lindsay,

Thanks for the clarification.

They are not the only one tying to make money out of other peoples hard
work.

This site claims to be "The Home of XML-RPC"  http://www.xmlrpc.com  and
also state that "XML-RPC is a trademark of UserLand Software, Inc.".

Glenn


Tim Schofield wrote:

> Glenn,
>
> As Lindsay says the patent is one the many bogus software patents in
> the USA. Dave Winer's authorship of the protocol is so well documented
> as to make the patent laughable. Also it only applies in the USA, and
> not in Australia so you are safe there as well. XML-RPC is used in
> many many open source projects, there is an implementation built into
> PHP for instance. Trac provides an XML-RPC interface, I could go on
> for a long time. My guess would be these people are hoping that a big
> company will use the protocol, and then find it easier to pay them
> rather than fight an expensive court case.
>
> Thanks
> Tim
>
>
> 2009/11/3 Lindsay Harris <lindsay@...>:
>  
>> I'm not a lawyer,  but this smells like yet another bogus patent.  The
>> wikipedia page states:-
>>
>> XML-RPC was created in 1998 by Dave Winer of UserLand Software and
>> Microsoft[2]. As new functionality was introduced, the standard
>> evolved into what is now SOAP.
>> XML-RPC was patented by Phillip Merrick, Stewart Allen, and Joseph
>> Lapp in April 2006, claiming benefit to a provisional application
>> filed in March 1998. The patent is assigned to webMethods, located in
>> Fairfax, VA.
>>
>> I can't see how something like XML-RPC can be patented.  That's not to
>> say it is not patented,  just the patent is silly.  I don't know when
>> XML was developed,  but I presume it predates 1998.  Ditto for RPC,
>> but I used that in the early 1990s, so that concept predates the
>> patent application date.  RPC implies some type data encoding; that
>> it happens to be XML, or ascii, or bits or whatever, is not relevant.
>>
>> Reading the wiki link about the current owner makes them sound like
>> one of those companies which buys patents and then
>> litigates/blackmails users.
>>
>> And I don't see that webERP would be held liable for its use, given
>> that we are using a standard library for the transport mechanism.
>>
>> Lindsay
>> who considers all software patents are, by definition, invalid.
>>
>> On Tue, 3 Nov 2009 17:02:37 Glenn Lyons wrote:
>>    
>>> According to <http://en.wikipedia.org/wiki/XML-RPC>
>>>
>>> "XML-RPC was patented by Phillip Merrick
>>> <http://en.wikipedia.org/wiki/Phillip_Merrick>, Stewart Allen, and
>>> Joseph Lapp in April 2006, claiming benefit to a provisional
>>> application filed in March 1998. The patent is assigned to
>>> webMethods
>>> <http://en.wikipedia.org/wiki/WebMethods>, located in Fairfax, VA
>>> <http://en.wikipedia.org/wiki/Fairfax,_VA>.
>>> Merrick et al. (2006-04-11). "US Patent 7,028,312"
>>> <http://www.google.com/patents?id=WFV4AAAAEBAJ>
>>>
>>> Questions:
>>> 1. Does this apply to weberp XMLRPC api's?
>>> 2. If so, how does it affect weberp's open source status?
>>>
>>>
>>> Regards,
>>> Glenn
>>>
>>> ^ <http://en.wikipedia.org/wiki/XML-RPC#cite_note-merrick01-2>
>>>
>>> -------------------------------------------------------------------
>>> ----------- Come build with us! The BlackBerry(R) Developer
>>> Conference in SF, CA is the only developer event you need to attend
>>> this year. Jumpstart your developing skills, take BlackBerry mobile
>>> applications to market and stay ahead of the curve. Join us from
>>> November 9 - 12, 2009. Register now!
>>> http://p.sf.net/sfu/devconference
>>> _______________________________________________
>>> Web-erp-developers mailing list
>>> Web-erp-developers@...
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>>>      
>>
>> ------------------------------------------------------------------------------
>> Come build with us! The BlackBerry(R) Developer Conference in SF, CA
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>> developing skills, take BlackBerry mobile applications to market and stay
>> ahead of the curve. Join us from November 9 - 12, 2009. Register now!
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>>
>>    
>
> ------------------------------------------------------------------------------
> Come build with us! The BlackBerry(R) Developer Conference in SF, CA
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>
>
>
>  


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