This is a patent on a combination of things a computer can do.

Computers send images for display on other computers, I see a few on this web page. Computers use symbols to represent other things, like the HTML tag “img” that are telling my browser where to get the images. Computer can show a fall back, like when you add an “alt” (alternative) attribute to display text for text based browsers or accessibility (speaking) software.

This combination of things a computer can do (sending images, sending text, recognizing emoticons) is awarded a patent. That is dangerous.

This is happening more and more. A patent for sending information over the network, but instead of information they are “objects”, and the file format is XML. Is this an invention? No, it’s a common application, but it’s made to sound new because of the use of the latest buzzwords.

Imagine if you could patent story lines. The tragically-flawed hero is obviously unpatentable since it has existed forever. The Department of Homeland Security is brand new, however, so how about patenting the story line, “The tragically-flawed hero who works for the Department of Homeland Security?”

Smilies, done that. Image sharing, done that. Sharing smiley images. Eureka!

The industry is arming itself for litigation. Large firms want to have a huge legal barrier to entry since what they can do, a child can do, or in the case of Linux, a bunch of programmers working in their spare time over the internet.

They are under threat from small firms, individuals, and open source. It is getting easier and easier to switch, so they are looking for a new form of lock in, and that is going to be patents.

They have legal teams patenting all sorts of different combinations of things a computer can do, thus creating a lot of opportunities to initiate litigation. Who ever holds the most patents wins. A start up can be shutdown by sending a patent take down to potential customers (followed by a sales call).