Last week I was invited to Slush in Helsinki, where I gave a keynote called “Developers are Writing the Script for the Future.” Here’s a 20 minute video of that talk.
Last week I was invited to Slush in Helsinki, where I gave a keynote called “Developers are Writing the Script for the Future.” Here’s a 20 minute video of that talk.
Here’s a quick history of the technology behind Joel on Software.
Version one was on Manila, created by Dave Winer. Dave was the one who convinced me to blog, by blogging himself, and by creating what was, I think, the first public blogging platform at editthispage.com. My site was joel.editthispage.com and back in 1999 people thought it was pretty spiffy that you could get your own subdomain like that.
In order to use my own domain, I registered joelonsoftware.com and took an old IBM desktop computer (probably running Windows NT 4.0), shoved it in a closet, and ran my own copy of Manila. The first time Slashdot linked to me it melted down. We upgraded the memory from 256M to 512M and it recovered.
In those days all the cool kids wrote their own blogging platforms. I wrote CityDesk. In what turned out to be a monumentally wrong bet, I thought that people would want to blog on Windows, with all the slick WYSIWYG editing goodness that wasn’t yet available in early versions of HTML. CityDesk kept your entire website in a SQL database (Microsoft Jet, the backend of Access) and had a frontend like a word processor. Every time you needed to publish, it generated the entire site as a set of html pages, which it then uploaded to an ftp server for you. That worked “OK” for 10 pages. By the time this site was over 1000 pages, even on modern super speedy computers with flash drives, it took something like 5 minutes to publish.
Over the years the CityDesk code base (VB 6.0, another bad bet) stopped running on the latest versions of Windows. Nobody else cared but by that time I was using a custom version of CityDesk which only ran on Windows XP. So until recently, I had a virtual machine set up with Windows XP running in there, and a copy of CityDesk. That virtual machine runs on a modern Windows box which I don’t use for any other purpose, so it lives under a desk in a cave somewhere and I have to remote desktop into it. Lately, I haven’t been able to do that. I’m not sure why.
Doesn’t matter. Matt Mullenweg over at WordPress has been trying to get me to move Joel on Software over to WordPress for so long it’s not even funny. I finally gave in. An astonishingly talented group of people were collected who created the port you are looking at now. I owe a huge debt of gratitude to Chris Hardie, Sarah Semark, Valerie Kalantyrski, Michelle Langston, Daniel Robert, James Tien, and
Steve Seear for weeks of hard work on creating this almost perfect port of 16 years of cruft, preserving over 1000 links with redirects, hand crafting html and css to preserve awful formatting, some of which was created before CSS was in use, and doing some monumental heroics to keep just about everything about the old site in its new WordPress home.
I also want to thank our host Pressable.
OK, I haven’t blogged too much since getting a puppy and “officially” retiring on the tenth anniversary of Joel on Software. I won’t have too much time to blog now, either, but now that we’re on WordPress, it’s a million times easier, so I’ll probably throw up some things here that I’ve written anyway, like internal documents from Fog Creek and Stack Overflow.
See you soon!
I have some huge news to share with you.
I’ve been friends with Anil since the earliest days of Fog Creek Software. He’s a pioneer of blogging (beat me to it by about five months), and has been a tech industry entrepreneur, activist, and writer for almost two decades.
You can read Anil’s full bio here. For those of you that want the top level bullet points:
I’ve gotten to know Anil much better since he joined the Stack Overflow Board of Directors in 2011 and discovered that he’s a remarkable creative thinker and really, really understands developers, how the work developers do fits into society, and thus, how we can make technology more humane and ethical from our unique position of making things for software developers. There is no single person I would trust more to help Fog Creek figure out how to make something big, important, and valuable.
Fog Creek is a weird company here, with unique values that you don’t find in a lot of other companies. That’s why we’re so successful, and that’s why we love working here. Some of the weird stuff we do is non-negotiable. We would never dream of having just any competent person from outside the company come in, let alone give them the CEO role, if we weren’t convinced that they were 100% fanatical and excited about Fog Creek Software’s unique operating system. We’ve been friends with Anil for so long that we’re confident that the combination of his talents and worldview with our quirky operating system will be a stellar combination.
In short, we need Anil to help support us with ideas and leadership for HyperDev (now renamed Gomix) and any future products we come up with, and we need his soapbox and industry connections to continue to keep Fog Creek Software relevant. Thus I think the perfect position for him is as CEO of Fog Creek Software.
A typical startup is built around a single product, and some theory that people will pay money for that product. This theory eventually become false, and the company goes away. But Fog Creek was different. We were just a place where great people come together to build great things. People come here because of the other people that are here. And that makes it fundamentally much stronger and longer lasting. We build new products every year, some of which work, and some of which don’t; we can spin off other companies; the individuals who work here can change; but as long as we remain dedicated to being a place where great people come together to build great things we’re going to remain a highly respected and successful company for a long long time.
I’m the full-time CEO of Stack Overflow, which just hit 300 employees and really takes all my time now.
He’s the full-time CEO of Trello, which is about to hit 100 employees and takes all of his time.
Fog Creek is focused on two things:
Anil as CEO will be assisted by COO Jordan Harris, and Michael and I are still heavily involved but now at the board level.
I’ve moved to WordPress. There may be some bugs!
One more thing…
It’s been awhile since we launched a whole new product at Fog Creek Software (the last one was Trello, and that’s doing pretty well). Today we’re announcing the public beta of HyperDev, a developer playground for building full-stack web-apps fast.
HyperDev is going to be the fastest way to bang out code and get it running on the internet. We want to eliminate 100% of the complicated administrative details around getting code up and running on a website. The best way to explain that is with a little tour.
Step one. You go to hyperdev.com.
Boom. Your new website is already running. You have your own private virtual machine (well, really it’s a container but you don’t have to care about that or know what that means) running on the internet at its own, custom URL which you can already give people and they can already go to it and see the simple code we started you out with.
All that happened just because you went to hyperdev.com.
Notice what you DIDN’T do.
What do you see in your browser?
Well, you’re seeing a basic IDE. There’s a little button that says SHOW and when you click on that, another browser window opens up showing you your website as it appears to the world. Notice that we invented a unique name for you.
Over there in the IDE, in the bottom left, you see some client side files. One of them is called index.html. You know what to do, right? Click on index.html and make a couple of changes to the text.
Now here’s something that is already a little bit magic… As you type changes into the IDE, without saving, those changes are deploying to your new web server and we’re refreshing the web browser for you, so those changes are appearing almost instantly, both in your browser and for anyone else on the internet visiting your URL.
Again, notice what you DIDN’T do:
You just typed some changes and BOOM they appeared.
OK, so far so good. That’s a little bit like jsFiddle or Stack Overflow snippets, right? NBD.
Literally every change you make is instantly saved, uploaded to the server, the server is restarted with the new code, and your browser is refreshed, all within half a second. So now your server-side code changes are instantly deployed, and once again, notice that you didn’t:
You just changed the code and it was already reflected on the live server.
Now you’re starting to get the idea of HyperDev. It’s just a SUPER FAST way to get running code up on the internet without dealing with any administrative headaches that are not related to your code.
Ok, now I think I know the next question you’re going to ask me.
“Wait a minute,” you’re going to ask. “If I’m not using Git, is this a single-developer solution?”
No. There’s an Invite button in the top left. You can use that to get a link that you give your friends. When they go to that link, they’ll be editing, live, with you, in the same documents. It’s a magical kind of team programming where everything shows up instantly, like Trello, or Google Docs. It is a magical thing to collaborate with a team of two or three or four people banging away on different parts of the code at the same time without a source control system. It’s remarkably productive; you can dive in and help each other or you can each work on different parts of the code.
“This doesn’t make sense. How is the code not permanently broken? You can’t just sync all our changes continuously!”
You’d be surprised just how well it does work, for most small teams and most simple programming projects. Listen, this is not the future of all software development. Professional software development teams will continue to use professional, robust tools like Git and that’s great. But it’s surprising how just having continuous merging and reliable Undo solves the “version control” problem for all kinds of simple coding problems. And it really does create an insanely addictive form of collaboration that supercharges your team productivity.
“What if I literally type ‘DELETE * FROM USERS’ on my way to typing ‘WHERE id=9283’, do I lose all my user data?”
Erm… yes. Don’t do that. This doesn’t come up that often, to be honest, and we’re going to add the world’s simplest “branch” feature so that optionally you can have a “dev” and “live” branch, but for now, yeah, you’d be surprised at how well this works in practice even though in theory it sounds terrifying.
“What can I do with my server?”
“Is my server always up?”
If you don’t use it for a while, we’ll put your server to sleep, but it will never take more than a few seconds to restart. But yes for all intents and purposes, you can treat it like a reasonably reliably, 24/7 web server. This is still a beta so don’t ask me how many 9’s. You can have all the 8’s you want.
“Why would I trust my website to you? What if you go out of business?”
There’s nothing special about the container we gave you; it’s a generic VM running Node. There’s nothing special about the way we told you to write code; we do not give you special frameworks or libraries that will lock you in. Download your source code and host it anywhere and you’re back in business.
“How are you going to make money off of this?”
Aaaaaah! why do you care!
But seriously, the current plan is to have a free version for public / open source code you don’t mind sharing with the world. If you want private code, much like private repos, there will eventually be paid plans, and we’ll have corporate and enterprise versions. For now it’s all just a beta so don’t worry too much about that!
“What is the point of this Joel?”
As developers we have fantastic sets of amazing tools for building, creating, managing, testing, and deploying our source code. They’re powerful and can do anything you might need. But they’re usually too complex and too complicated for very simple projects. Useful little bits of code never get written because you dread the administration of setting up a new dev environment, source code repo, and server. New programmers and students are overwhelmed by the complexity of distributed version control when they’re still learning to write a while loop. Apps that might solve real problems never get written because of the friction of getting started.
Our theory here is that HyperDev can remove all the barriers to getting started and building useful things, and more great things will get built.
Really? Just go to HyperDev and start playing!
Everybody wants to know what we’re going to do with all that money. First of all, of course we’re going to gold-plate the Aeron chairs in the office. Then we’re going to upgrade the game room, and we’re already sending lox platters to our highest-rep users.
But I’ll get into that in a minute. First, let me catch everyone up on what’s happening at Stack Exchange.
In 2008, Jeff Atwood and I set out to fix a problem for programmers. At the time, getting answers to programming questions online was super annoying. The answers that we needed were hidden behind paywalls, or buried in thousands of pages of stale forums.
So we built Stack Overflow with a single-minded, compulsive, fanatical obsession with serving programmers with a better Q&A site.
Everything about how Stack Overflow works today was designed to make programmers’ jobs easier. We let members vote up answers, so we can show you the best answer first. We don’t allow opinionated questions, because they descend into flame wars that don’t help people who need an answer right now. We have scrupulously avoided any commercialization of our editorial content, because we want to have a site that programmers can trust.
Heck, we don’t even allow animated ads, even though they are totally standard on every other site on the Internet, because it would be disrespectful to programmers to strain their delicate eyes with a dancing monkey, and we can’t serve them 100% if we are distracting them with a monkey. That would only be serving them 98%. And we’re OBSESSED, so 98% is like, we might as well close this all down and go drive taxis in Las Vegas.
Anyway, it worked! Entirely thanks to you. An insane number of developers stepped up to pass on their knowledge and help others. Stack Overflow quickly grew into the largest, most trusted repository of programming knowledge in the world.
Quickly, Jeff and I discovered that serving programmers required more than just code-related questions, so we built Server Fault and Super User. And when that still didn’t satisfy your needs, we set up Stack Exchange so the community could create sites on new topics. Now when a programmer has to set up a server, or a PC, or a database, or Ubuntu, or an iPhone, they have a place to go to ask those questions that are full of the people who can actually help them do it.
But you know how programmers are. They “have babies.” Or “take pictures of babies.” So our users started building Stack Exchange sites on unrelated topics, like parenting and photography, because the programmers we were serving expected—nay, demanded!—a place as awesome as Stack Overflow to ask about baby feeding schedules and f-stops and whatnot.
And we did such a good job of serving programmers that a few smart non-programmers looked at us and said, “Behold! I want that!” and we thought, hey! What works for developers should work for a lot of other people, too, as long as they’re willing to think like developers, which is the best way to think. So, we decided that anybody who wants to get with the program is welcome to join in our plan. And these sites serve their own communities of, you know, bicycle mechanics, or what have you, and make the world safer for the Programmer Way Of Thinking and thus serve programmers by serving bicycle mechanics.
In the five years since then, our users have built 133 communities. Stack Overflow is still the biggest. It reminds me of those medieval maps of the ancient world. The kind that shows a big bustling city (Jerusalem) smack dab in the middle, with a few smaller settlements around the periphery. (Please imagine Gregorian chamber music).
Stack Overflow is the big city in the middle. Because the programmer-city worked so well, people wanted to ask questions about other subjects, so we let them build other Q&A villages in the catchment area of the programmer-city. Some of these Q&A villages became cities of their own. The math cities barely even have any programmers and they speak their own weird language. They are math-Jerusalem. They makes us very proud. Even though they don’t directly serve programmers, we love them and they bring a little tear to our eyes, like the other little villages, and they’re certainly making the Internet—and the world—better, so we’re devoted to them.
One of these days some of those villages will be big cities, so we’re committed to keeping them clean, and pulling the weeds, and helping them grow.
But let’s go back to programmer Jerusalem, which—as you might expect—is full of devs milling about, building the ENTIRE FUTURE of the HUMAN RACE, because, after all, software is eating the world and writing software is just writing a script for how the future will play out.
So given the importance of software and programmers, you might think they all had wonderful, satisfying jobs that they love.
But sadly, we saw that was not universal. Programmers often have crappy jobs, and their bosses often poke them with sharp sticks. They are underpaid, and they aren’t learning things, and they are sometimes overqualified, and sometimes underqualified. So we decided we could actually make all the programmers happier if we could move them into better jobs.
That’s why we built Stack Overflow Careers. This was the first site that was built for developers, not recruiters. We banned the scourge of contingency recruiters (even if they have big bank accounts and are just LINING UP at the Zion Gate trying to get into our city to feed on programmer meat, but, to hell with them). We are SERVING PROGRAMMERS, not spammers. Bye Felicia.
Which brings us to 2015.
The sites are still growing like crazy. By our measurements, the Stack Exchange network is already in the top 50 of all US websites, ranked by number of unique visitors, with traffic still growing at 25% annually. The company itself has passed 200 employees worldwide, with big plush offices in Denver, New York, and London, and dozens of amazing people who work from the comfort of their own homes. (By the way, if 200 people seems like a lot, keep in mind that more than half of them are working on Stack Overflow Careers).
We could just slow down our insane hiring pace and get profitable right now, but it would mean foregoing some of the investments that let us help more developers. To be honest, we literally can’t keep up with the features we want to build for our users. The code is not done yet—we’re dedicating a lot of resources to the core Q&A engine. This year we’ll work on improving the experience for both new users and highly experienced users.
And let’s not forget Stack Overflow Careers. I believe it is, bar-none, the single best job board for developer candidates, which should automatically make it the best place for employers to find developer talent. There’s a LOT more to be done to serve developers here and we’re just getting warmed up.
So that’s why we took this new investment of $40m.
We’re ecstatic to have Andreessen Horowitz on board. The partners there believe in our idea of programmers taking over (it was Marc Andreessen who coined the phrase “Software is eating the world”). Chris Dixon has been a personal investor in the company since the beginning and has always known we’d be the obvious winner in the Q&A category, and will be joining our board of directors as an observer.
This is not the first time we’ve raised money; we’re proud to have previously taken investments from Union Square Ventures, Index Ventures, Spark Capital, and Bezos Expeditions. We only take outside money when we are 100% confident that the investors share our philosophy completely and after our lawyers have done a ruthless (sorry, investors) job of maintaining control so that it is literally impossible for anyone to mess up our vision of fanatically serving the people who use our site, and continuing to make the Internet a better place to get expert answers to your questions.
For those of you who have been with us since the early days of Our Incredible Journey, thank you. For those of you who are new, welcome. And if you want to learn more, check out our hott new “about” page. Or ask!
Hello? is this thing on?
I’m not sure if I even know how to operate this “blog” device any more. It’s been a year since my last post. I’m retired from blogging, remember?
Want to hear something funny? The only way I can post blog posts is by remote-desktopping into a carefully preserved Windows 7 machine which we keep in a server closet running a bizarrely messed-up old copy of CityDesk which I somehow hacked together and which only runs on that particular machine. The shame!
I do need to fill you in on some exciting Trello News, though. As you no doubt know, Trello is the amazing visual project management system we developed at Fog Creek.
Let me catch you up. As legend has it, back in yonder days, early twenty-oh-eleven, we launched a modest little initiative at Fog Creek to try to come up with new product ideas. We peeled off eight developers. The idea was that they would break into four teams. Two people each. Each team would work for a few months building a prototype or MVP for some product idea. Hopefully, at least one of those ideas would turn into something people wanted.
One of those teams started working on the concept that became Trello. The idea seemed so good that we doubled that team to four developers. The more we played around with it, the better we liked it. Within nine months, it was starting to look good enough to go public with, so we launched Trello at TechCrunch Disrupt to great acclaim and immediately got our first batch of users.
Over the next three years, Trello showed some real traction. The team grew to about 18 people, almost all in engineering. We did iPhone, iPad, Android, and Web versions. And Kindle. Oh and Android Wear. The user base grew steadily to 4.6 million people.
Here are some things that surprised me:
We launched something called Trello Business Class, which, for a small fee, provides all kinds of advanced administration features so that the larger organizations using Trello can manage it better, and Hey Presto, Trello was making money!
In the meantime, we started getting calls from investors. “Can we invest in Trello?” they asked. They were starting to notice that whenever they looked around their portfolio companies all they saw was Trello boards everywhere.
We didn’t really need the money; Fog Creek is profitable and could afford to fund Trello development to profitability. And when we told the investors that they could take a minority, non-controlling stake in Fog Creek, we had to start explaining about our culture and our developer tools and our profit sharing plans and our free lunches and private offices and whatnot, and they got confused and said, “hmm, why don’t you keep all that, we just want to invest in Trello.”
Now, we didn’t need the money, but we certainly like money. We had a bunch of ideas for ways we could make Trello grow faster and do all kinds of astonishing new features and hire sales and marketing teams to work on Trello Business Class. We would have gotten around to all that eventually, but not as quickly as we could with a bit of folding money.
Which lead to this fairly complicated plan. We spun out Trello into its own company, Trello Inc., and allowed outside investors to buy a minority stake in that. So now, Trello and Fog Creek are officially separate companies. Trello has a bunch of money in the bank to operate independently. Fog Creek will continue to build FogBugz and Kiln and continue to develop new products every once in a while. Michael Pryor, who co-founded Fog Creek with me in 2000, will be CEO of Trello.
So, yeah. This is the point at which old-time readers of this blog point out that the interest of VCs is not always aligned with the interest of founders, and VCs often screw up the companies they invest in.
That’s mostly true, but not universal. There are smart, founder-friendly VCs out there. And with Trello (and Stack Overflow, for that matter), we didn’t take any outside investment until we already had traction and revenue, so we could choose the investors that we thought were the most entrepreneur-friendly, and we kept control of the company.
In the case of Trello, we had so much interest from investors that we were even able to limit ourselves to investors who were already investors in Stack Exchange and still get the price and terms we wanted. The advantage of this is that we know them, they know us, and they’re aligned enough not to fret about any conflicts of interest which might arise between Stack Exchange and Trello because they have big stakes in both.
Both Index Ventures and Spark Capital will co-lead the investment in Trello, with Bijan Sabet from Spark joining our board. Bijan was an early investor in Twitter, Tumblr, and Foursquare which says a lot about the size of our ambitions for Trello. The other two members of the board are Michael and me.
Even though Fog Creek, Trello, and Stack Exchange are now three separate companies, they are all running basically the same operating system, based on the original microprocessor architecture known as “making a company where the best developers want to work,” or, in simpler terms, treating people well.
This operating system applies both to the physical layer (beautiful daylit private offices, allowing remote work, catered lunches, height-adjustable desks and Aeron chairs, and top-tier coffee), the application layer (health insurance where everything is paid for, liberal vacations, family-friendly policies, reasonable work hours), the presentation layer (clean and pragmatic programming practices, pushing decisions down to the team, hiring smart people and letting them get things done, and a commitment to inclusion and professional development), and mostly, the human layer, where no matter what we do, it’s guided first and foremost by obsession over being fair, humane, kind, and treating each other like family. (Did I tell you I got married?)
So, yeah, there are three companies here, with different products, but every company has a La Marzocco Linea espresso machine in every office, and every company gives you $500 when you or your partner has a baby to get food delivered, and when we’re trying to figure out how to manage people, our number one consideration is how to do so fairly and compassionately.
That architecture is all the stuff I spent ten years ranting on this blog about, but y’all don’t listen, so I’m just going to have to build company after company that runs my own wacky operating system, and eventually you’ll catch on. It’s OK to put people first. You don’t have to be a psychopath or work people to death or create heaps of messy code or work in noisy open offices.
Anyway, that’s the news from our neck of the woods. If the mission of Trello sounds exciting we’ll be hiring a bunch of people soon so please apply!
There are a lot of people complaining about lousy software patents these days. I say, stop complaining, and start killing them. It took me about fifteen minutes to stop a crappy Microsoft patent from being approved. Got fifteen minutes? You can do it too.
In a minute, I’ll tell you that story. But first, a little background.
Software developers don’t actually invent very much. The number of actually novel, non-obvious inventions in the software industry that maybe, in some universe, deserve a government-granted monopoly is, perhaps, two.
The other 40,000-odd software patents issued every year are mostly garbage that any working programmer could “invent” three times before breakfast. Most issued software patents aren’t “inventions” as most people understand that word. They’re just things that any first-year student learning Java should be able to do as a homework assignment in two hours.
Nevertheless, a lot of companies large and small have figured out that patents are worth money, so they try to file as many as they possibly can. They figure they can generate a big pile of patents as an inexpensive byproduct of the R&D work they’re doing anyway, just by sending some lawyers around the halls to ask programmers what they’re working on, and then attempting to patent everything. Almost everything they find is either obvious or has been done before, so it shouldn’t be patentable, but they use some sneaky tricks to get these things through the patent office.
The first technique is to try to make the language of the patent as confusing and obfuscated as possible. That actually makes it harder for a patent examiner to identify prior art or evaluate if the invention is obvious.
A bonus side effect of writing an incomprehensible patent is that it works better as an infringement trap. Many patent owners, especially the troll types, don’t really want you to avoid their patent. Often they actually want you to infringe their patent, and then build a big business that relies on that infringement, and only then do they want you to find out about the patent, so you are in the worst possible legal position and can be extorted successfully. The harder the patent is to read, the more likely it will be inadvertently infringed.
The second technique to getting bad software patents issued is to use a thesaurus. Often, software patent applicants make up new terms to describe things with perfectly good, existing names. A lot of examiners will search for prior art using, well, search tools. They have to; no single patent examiner can possibly be aware of more than (rounding to nearest whole number) 0% of the prior art which might have invalidated the application.
Since patent examiners rely so much on keyword searches, when you submit your application, if you can change some of the keywords in your patent to be different than the words used everywhere else, you might get your patent through even when there’s blatant prior art, because by using weird, made-up words for things, you’ve made that prior art harder to find.
Now on to the third technique. Have you ever seen a patent application that appears ridiculously broad? (“Good lord, they’re trying to patent CARS!”). Here’s why. The applicant is deliberately overreaching, that is, striving to get the broadest possible patent knowing that the worst thing that can happen is that the patent examiner whittles their claims down to what they were entitled to patent anyway.
Let me illustrate that as simply as I can. At the heart of a patent is a list of claims: the things you allege to have invented that you will get a monopoly on if your patent is accepted.
An example might help. Imagine a simple application with these three claims:
1. A method of transportation
2. The method of transportation in claim 1, wherein there is an engine connected to wheels
3. The method of transportation in claim 2, wherein the engine runs on water
Notice that claim 2 mentions claim 1, and narrows it… in other words, it claims a strict subset of things from claim 1.
Now, suppose you invented the water-powered car. When you submit your patent, you might submit it this way even knowing that there’s prior art for “methods of transportation” and you can’t really claim all of them as your invention. The theory is that (a) hey, you might get lucky! and (b) even if you don’t get lucky and the first claim is rejected, the narrower claims will still stand.
What you’re seeing is just a long shot lottery ticket, and you have to look deep into the narrower claims to see what they really expect to get. And you never know, the patent office might be asleep at the wheel and BOOM you get to extort everyone who makes, sells, buys, or rides transportation.
So anyway, a lot of crappy software patents get issued and the more that get issued, the worse it is for software developers.
The patent office got a little bit of heat about this. The America Invents Act changed the law to allow the public to submit examples of prior art while a patent application is being examined. And that’s why the USPTO asked us to set up Ask Patents, a Stack Exchange site where software developers like you can submit examples of prior art to stop crappy software patents even before they’re issued.
Sounds hard, right?
At first I honestly thought it was going to be hard. Would we even be able to find vulnerable applications? The funny thing is that when I looked at a bunch of software patent applications at random I came to realize that they were all bad, which makes our job much easier.
I tried to find prior art for this just to see how hard it was. First I read the application. Well, to be honest, I kind of glanced at the application. In fact I skipped the abstract and the description and went straight to the claims. Dan Shapiro has great blog post called How to Read a Patent in 60 Seconds which taught me how to do this.
This patent was, typically, obfuscated, and it used terms like “pixel density” for something that every other programmer in the world would call “resolution,” either accidentally (because Microsoft’s lawyers were not programmers), or, more likely, because the obfuscation makes it that much harder to search.
Without reading too deeply, I realized that this patent is basically trying to say “Sometimes you have a picture that you want to scale to different resolutions. When this happens, you might want to have multiple versions of the image available at different resolutions, so you can pick the one that’s closest and scale that.”
This didn’t seem novel to me. I was pretty sure that the Win32 API already had a feature to do something like that. I remembered that it was common to provide multiple icons at different resolutions and in fact I was pretty sure that the operating system could pick one based on the resolution of the display. So I spent about a minute with Google and eventually (bing!) found this interesting document entitled Writing DPI-Aware Win32 Applications [PDF] written by Ryan Haveson and Ken Sykes at, what a coincidence, Microsoft.
And it was written in 2008, while Microsoft’s new patent application was trying to claim that this “invention” was “invented” in 2011. Boom. Prior art found, and deployed.
Total time elapsed, maybe 10 minutes. One of the participants on Ask Patents pointed out that the patent application referred to something called “scaling sets.” I wasn’t sure what that was supposed to mean but I found a specific part of the older Microsoft document that demonstrated this “invention” without using the same word, so I edited my answer a bit to point it out. Here’s my complete answer on AskPatents.
Mysteriously, whoever it was that posted the request for prior art checked the Accepted button on Stack Exchange. We thought this might be the patent examiner, but it was posted with a generic username.
At that point I promptly forgot about it, until May 21 (two months later), when I got this email from Micah Siegel (Micah is our full-time patent expert):
The USPTO rejected Microsoft's Resizing Imaging Patent!
The examiner referred specifically to Prior Art cited in Joel's answer ("Haveson et al").
Here is the actual document rejecting the patent. It is a clean sweep starting on page 4 and throughout, basically citing rejecting the application as obvious in view of Haveson.
Micah showed me a document from the USPTO confirming that they had rejected the patent application, and the rejection relied very heavily on the document I found. This was, in fact, the first “confirmed kill” of Ask Patents, and it was really surprisingly easy. I didn’t have to do the hard work of studying everything in the patent application and carefully proving that it was all prior art: the examiner did that for me. (It’s a pleasure to read him demolish the patent in question, all twenty claims, if that kind of schadenfreude amuses you).
(If you want to see the rejection, go to Public Pair and search for publication number US 20130063492 A1. Click on Image File Wrapper, and look at the non-final rejection of 4-11-2013. Microsoft is, needless to say, appealing the decision, so this crappy patent may re-surface.) Update October 2013: the patent received a FINAL REJECTION from the USPTO!
There is, though, an interesting lesson here. Software patent applications are of uniformly poor quality. They are remarkably easy to find prior art for. Ask Patents can be used to block them with very little work. And this kind of individual destruction of one software patent application at a time might start to make a dent in the mountain of bad patents getting granted.
My dream is that when big companies hear about how friggin’ easy it is to block a patent application, they’ll use Ask Patents to start messing with their competitors. How cool would it be if Apple, Samsung, Oracle and Google got into a Mexican Standoff on Ask Patents? If each of those companies had three or four engineers dedicating a few hours every day to picking off their competitors’ applications, the number of granted patents to those companies would grind to a halt. Wouldn’t that be something!
Got 15 minutes? Go to Ask Patents right now, and see if one of these RFPAs covers a topic you know something about, and post any examples you can find. They’re hidden in plain view; most of the prior art you need for software patents can be found on Google. Happy hunting!
Trello has been out for less than two years and it’s been growing like wildfire. We recently hit 1.5 million members, of whom about 1/3 perform some action every month, and our MongoDB database now contains more than 70 million cards on 3.7 million boards.
So the obvious question I get all the time is, “How exactly are you supposed to make money with that?”
You may have noticed that Trello is free. Not “free trial,” not “freemium,” but just plain old free. Some people have justifiably wondered if it really makes sense to pay a dozen people, nestled in fancy offices with free lunch and espresso, to develop software that we have to pay Amazon cash money to host, while not actually charging for said software. Some have commented that this business model might actually be just a few fries short of a Happy Meal.
What we really wanted to do was make a free product that helps millions of people, and then find some way to get paid by the 1% of those people who get the most value out of it. The 1% are delighted to pay. They actually email us asking if there is some way they can pay us. A fortune-cookie factory was so pleased with Trello they sent us a crate of tasty fortune cookies. Custom, Trello-color fortune cookies, with Trello fortunes inside. (Don’t tell the IRS, because that’s basically all we’ve made off of Trello to date, and I don’t think we declared it.)
How do you identify the users who get the most value out of Trello? We thought any medium-to-large organization with lots of different Trello boards and many active Trello users must qualify. So then we tried to think of what kind of value-added stuff we could build and sell (for money) to organizations with lots of active users. Besides cookie dough.
The most obvious things were features around security (permissions, backups, etc). Big organizations have people coming and going all the time, so they might benefit from tools that make it easy to add people to Trello en-masse, and tools to make sure that when people leave the organization, they’re removed from any boards they should be removed from. The kind of stuff that’s helpful when tens or thousands of people inside an organization are all using Trello every day.
We also added a feature called “observers,” which lets you add people to a board who might have permission to watch, vote, and comment, but who can’t add cards or move cards around. This is meant to give professional landscapers, developers, web designers, consultants, and fortune-cookie factories a way to let their paying customers peek in on the progress of their project without messing it up. It’s a classic example of a feature that is only useful when you’re in that class of Trello users who get the most value out of it, so paying should be a no-brainer.
We bundled these features up and called them Trello Business Class. It’s available today for $25 a month (per organization), or $200/year if you’d like to pay in advance. Of course, Trello itself is, and will remain, free, but starting today, we hope to actually make a little bit of walking-around money, too.
In the future we’ll continue to add free features to Trello (there is a lot of exciting stuff in the hopper)—anything that is a common feature, useful to anyone, will be free. We’ll also continue to develop new Business Class features that help large organizations manage Trello, and we may come up with other things to sell to people who are getting a lot of value out of Trello. In the meantime, we sure appreciate the cookies!
The fastest growing industry in the US right now, even during this time of slow economic growth, is probably the patent troll protection racket industry. Lawsuits surrounding software patents have more than tripled since 1999.
It’s a great business model.
Step one: buy a software patent. There are millions of them, and they’re all quite vague and impossible to understand.
Step two: FedEx a carefully crafted letter to a few thousand small software companies, iPhone app developers, and Internet startups. This is where it gets a tiny bit tricky, because the recipients of the letter need to think that it’s a threat to sue if they don’t pay up, but in court, the letter has to look like an invitation to license some exciting new technology. In other words it has to be just on this side of extortion.
Step three: wait patiently while a few thousand small software companies call their lawyers, and learn that it’s probably better just to pay off the troll, because even beginning to fight the thing using the legal system is going to cost a million dollars.
Step four: Profit!
What does this sound like? Yes, it’s a textbook case of a protection racket. It is organized crime, plain and simple. It is an abuse of the legal system, an abuse of the patent system, and a moral affront.
In the face of organized crime, civilized people don’t pay up. When you pay up, you’re funding the criminals, which makes you complicit in their next attacks. I know, you’re just trying to write a little app for the iPhone with in-app purchases, and you didn’t ask for this fight to be yours, but if you pay the trolls, giving them money and comfort to go after the next round of indie developers, you’re not just being “pragmatic,” you have actually gone over to the dark side. Sorry. Life is a bit hard sometimes, and sometimes you have to step up and fight fights that you never signed up for.
Civilized people don’t pay up. They band together, and fight, and eliminate the problem. The EFF is launching a major initiative to reform the patent system. At Stack Exchange, we’re trying to help with Ask Patents, which will hopefully block a few bad patents before they get issued.
The Application Developers Alliance (of which I am currently serving as the chairman of the board) is also getting involved with a series of Developer Patent Summits, a nationwide tour of 15 cities, which will kick off a long term program to band together to fight patent trolls. Come to the summit in your city—I’ll be at the San Francisco event on April 9th—and find out what you can do to help.