In 1994, Bill Clinton broke the long-standing and utterly sensible tradition that an actual patent lawyer should be Commissioner of the United States Patent and Trademark Office, and instead appointed Bruce Lehman, who was at the time the chief lobbyist for the Software Publishing Industry.Under Lehman’s leadership, the USPTO changed the rules to allow much broader patents to be issued, often spanning completely different technological areas. These types of patents are the troll’s weapon of choice, with some so broad they could cover pretty much anything on the internet, for example. At the same time the amount of patents issued by the office began to increase.Lehman was also one of the main authors of the widely reviled Digital Millennium Copyright Act, and helped negotiate the Trade-Related Aspects of Intellectual Property Rights trade agreement. In 2006, he was inducted into the first International IP Hall of Fame by Intellectual Asset Management (IAM) magazine.At the same time, software companies started getting interested in adding another revenue stream to their business plans by using the patents they had built up over years of operation to charge licensing fees from other firms. Most companies had always got some revenue from patents, but the industrialization of the process really kicked in around a decade ago.

Today, Silicon Valley jobs pages are full of jobs for IP asset managers, and everyone wants their slice. It’s becoming a major cost to many firms, and a lot of research and development is stalled not for technical reasons but because the company’s lawyers have said there could be legal problems.Ex-Microsoftie Nathan Myhrvold’s IP colossus Intellectual Ventures is sometimes held up as the blackhearted villain of non-productive IP revenue squeezing. Last year, a Stanford study claimed to have found at least 1,276 shell companies associated with IV holding roughly 8,000 US patents and 3,000 pending US patent applications.But compared to some in the industry he’s much more legit – he has an actual corporate headquarters. Many of the companies squeezing businesses over broad patent claims simply exist as someone’s laptop and bank account, but their targets pay up because it’s cheaper than the cost of litigation.All this has driven the cost of patents through the roof, and companies are having to spend billions to buy large bundles. There are signs that the patent price bubble is popping, but in the meantime companies are getting sick of it and are beginning to work together to bring down prices.

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It remains to be seen if Congress can get its collective arse into gear and take some action, but the dynamic congressional duo of DeFazio and Chaffetz seem confident that the SHIELD Act will at least get through the House of Representatives. The EFF has also become involved, setting up a website to allow people to lobby their local legislator.El Reg remains skeptical, but there’ll be some serious lobbying muscle behind this attempt to bring sanity to the US patent system. One-trick software pony Commvault has finally pushed out a raft of updates with Simpana version 10.0 in the hopes of broadening its user base in the biz data backup, archive and search game.Simpana 9, the previous generation of the software, came out in October 2010 - so we’ve had to wait almost two-and-half years for gen 10. And there’s an awful lot of it. Where to start?This combines local disk and tape-stored information with vaults of the stuff in the cloud into a single, virtual hardware-agnostic repository with a single index. CommVault says: "Within the ContentStore, granular and customisable access controls, single sign-on, FIPS certified encryption, alerting, and audit trails keep your information secure".

The ContentStore is "interrogated" by various Simpana tools, which get at the information inside and manipulate it. CommVault has enabled smartphones and tablets to access ContentStore with self-service access using the "Edge" mobile app.There is a school of thought that says smartphone and tablet access to enterprise content vaults is just a flashy toy that nobody will use for serious work - which requires a keyboard. But that remains to be seen. CommVault says that with the new app, users "can download, view, edit, and share the protected information from your computer’s backup." Supported Edge devices include:The Edge part of Simpana (PDF)is more than the mobile app, says CommVault. It delivers "centralised laptop/desktop data protection" and features "global, source-side deduplication, opportunistic scheduling, network bandwidth throttling, policy flexibility, automation, [and] integrated indexing capability."

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There are also plug-ins in ContentStore for access from Outlook, VMware’s vCenter and Windows Explorer, plus a web console. We’re told: "The Simpana 10 web console allows authorized individuals to run and configure backup policies as well as find and restore files from any backup that they have access to, from the original client, including natively from Windows Explorer, other clients, Andriod and iOS smartphones and tablets and BlackBerry tablets."Data gets into the ContentStore through an uprated deduplication process, CommVault’s fourth generation dedupe. This features what CommVault calls Parallel Deduplication, which consolidates multiple deduplication nodes under a single global reference pool. You can deduplicate across multiple data sets, and multiple storage policies. Also you can "create unique deduplicated copies of data with independent retention policies, and store onsite, at remote sites, or even in the cloud without having to rehydrate the data using Deduplication Accelerated Streaming Hash (DASH Copy)."

Enhanced IntelliSnap snapshot management, formerly called SnapProtect, with new support for "Windows Server 2012 with Hyper-V; enhancements to IBM DB2, Lotus Notes, SAP and Oracle integration; converged snapshot and backup policies that simplify operations; and snapshot cloning orchestration that speeds application testing, development and business analytics." Simpana OnePass with Exchange, which converges backup, archiving and reporting into a single process. A Microsoft Outlook plug-in enables end users to reduce the time it takes to search, view and recover archived emails by accessing emails retained in ContentStore directly from Outlook. In general there is "tighter integration with Microsoft Hyper-V, VMware vSphere 5.1 and vCloud Director 5.1 [which] helps enterprises achieve cloud scale through automated discovery, protection and recovery in virtualised environments. Overall CommVault says Simpana 10 doubles backup and archive performance and also scale when compared to the previous iteration. CommVault claims it can cut "storage-related costs by up to 50 per cent, reduce administrative overhead by up to 80 per cent and lower total support costs by up to 35 per cent."

The other day, a friend sent me a Picasa link to photos he’d taken at a recent vintage motorcycle show. It was a wide ranging display of classic engineering imagination put to work to power a rider on two wheels. Similarly, it’s those variations on a theme that Windows 8 has spurred among mainstream computer makers, as they all have a stab at producing the quintessential convertible laptop. And much like the efforts of those early motorcycle pioneers, it seems that nobody’s quite sure how you make a laptop and a tablet work together. After all, if they knew, they’d all be doing it the same way, surely?Sony’s take with the Vaio Duo 11 is to have a screen that elevates as you slide it from tablet mode to reveal its dinky keyboard. There’s no trackpad though, just an optical TrackPoint controller – think recent BlackBerrys – and a slither of buttons for left/centre/right clicks beneath the spacebar. Given the display is a touchscreen, Sony almost gets away with it, but having full HD 1920 x 1080 on an 11.6-inch screen demands some pretty accurate poking at times, so for good measure, a stylus is included too. Is this helpful or distracting? I’ll get back to you on that.


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