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Strategies & Market Trends : Technical analysis for shorts & longs -- Ignore unavailable to you. Want to Upgrade?

To: Johnny Canuck who wrote (41071)	4/17/2004 2:06:12 AM
From: Johnny Canuck	Read Replies (1) \| Respond to of 70349

Group seeks to invalidate Microsoft patent Last modified: April 16, 2004, 12:58 PM PDT By Ina Fried Staff Writer, CNET News.com A little-known public interest group this week asked the U.S. government to revoke a Microsoft patent that covers the company's Windows file system. The Public Patent Foundation on Thursday asked the U.S. Patent and Trademark Office to revoke one of Microsoft's patents related to the FAT (File Allocation Table) file system, the older of two main systems used by Windows to store files. "We are concerned that there is a potential for Microsoft to use its patent portfolio to foreclose competition from free and open-source software," Public Patent Foundation founder and Executive Director Dan Ravicher said in an interview. The FAT file system is widely used by Linux-based Samba servers, which use the FAT file system to serve files to Windows-based PCs as well as by flash memory drives and digital cameras. While regulators have forced Microsoft to license some of its Windows communications protocols, the software maker has come under pressure to license other parts of its intellectual property. Last year, Microsoft said it would seek to license the FAT file system on reasonable terms, announcing flash memory maker Lexar Media as its first licensee. However, some in the open-source community maintain that even a small royalty to Microsoft is incompatible with distributing software under an open-source license. "Any royalty is not reasonable for free and open-source software," Ravicher said. A Microsoft representative said the company had not seen the specifics of the PPF's claims, but noted that the company started licensing the FAT intellectual property at the request of other technology companies. "We're unfamiliar with this organization and unclear why they are so interested in this one patent," a Microsoft representative said. "Companies asked Microsoft to license our FAT specification and patents to help improve interoperability and we have entered into a number of such licenses." Ravicher said his organization chose the patent because it was the oldest of the FAT-related patents. "Typically the oldest (patent) is the narrowest, the hardest to prove invalid," Ravicher said. "If that patent is invalid, we think that sheds a similar light on the entire portfolio." Ravicher said his organization was founded last fall and is aimed at correcting flaws within the patent system and has, among other activities, challenged a wide-ranging patent in the biotechnology area. Ravicher said he is the only full-time staffer, while a number of other attorneys and former patent examiners work part-time for the group. "We're not against the patent system in theory," Ravicher said. "We're just against its failures." Of note, Eben Moglen, a law professor and general counsel for the Free Software Foundation, is one of the Free Patent Foundation's two outside directors. The organization was started with seed money from the Echoing Green Foundation, Ravicher said. In the Microsoft case, Ravicher said his organization said it submitted new examples of "prior art," or previous work that he believes should render the patent invalid. The patent office did not have a comment on the specific case, but a representative said the agency reviews all such claims and typically decides within three months whether a complaint raises a substantial question of patentability. If so, the agency could order a re-examination of the patent.

To: Johnny Canuck who wrote (41071)	4/17/2004 3:37:12 AM
From: Johnny Canuck	Read Replies (2) \| Respond to of 70349

Maybe Zeev's read is correct: *********************** Worden Bros Comment Mid-Day Caution I attached the following MID-DAY CAUTIONARY Note to DIA: The positive TSV divergence apparent in this chart demands recognition. So I have decided to comment on it in mid-session, which for me is unusual. TSV is moving up into the short-term setback that started a few days ago with a decisive breakout on the downside of a lateral congestion area. It exists in SP-500, DJ-30 and NDX--X, as well as their respective derivatives, SPY, DIA and QQQ. It may well be that the March low will not be severed (or even tested) but that instead the market will take out the April high. If that high is taken out, the intermediate downtrend will have been reversed, and the chance of a new recovery high would be substantial. Bear in mind it hasn't happened yet. There are still bearish factors to contend with. If these were individual stock charts, I would say punch the space bar and look for something less ambiguous. But when we're trying to get a fix on the market, we're stuck with whatever it's willing to give us. Nevertheless, this bullish TSV pattern has persisted stubbornly in all three key sectors and it obviously isn't just a coincidence. My advice is not to get your neck stuck out too far on the short side. –DW Current Market Action: Breadth improved considerably today with 194 groups up and 45 down. The broad Russell 3000 had 1820 winners and 1003 losers. The Leadership Index was 622 to 313. Rapid growth stocks were 154 to 82. The Dow was 21 to 9. However, there were areas of marked weakness. The Nadaq 100 had 64 losers. My private list of 33 high-profile tech and new economy stocks had 28 losers. Electronics had 121 winners and 245 losers. I changed the Minor-Trend Assumptions to "Up" for the SP-500 and the Dow, not because of the TSV observations explained above, but because both of these averages closed above three preceding closes. The Nasdaq remains in a Minor Downtrend. –DW ASSUMPTIONS Primary Trend: Up Intermediate Trend: Down Minor Trend SP-500 and Dow: Up Nasdaq Comp: Down For ongoing remarks pertaining to ASSUMPTIONS, please refer to the notes attached to the appropriate charts (COMPQX, SP-500, DJ-30). The concepts of Primary, Intermediate and Minor trends emanate from Dow Theory For a discussion of these trends, refer to "Street Smart Chart Reading – Vol. 2"—Pages 35-39 by Don Worden. "The Technical Analysis Course" by Thomas Meyers is recommended as a broad-based introduction to technical analysis for beginners and as a handy reference guide for all traders.