In 1790 Thomas Jefferson became the first patent examiner and issued a grand total of three patents. 220 years later the US Patent Office has a backlog of over 1.2 million applications. Internet and software industries are created and destroyed in the time it takes the average patent to issue.

Here's how a startup can easily turn to the dark side:

1. Investors pressure a startup to file patents in an attempt to make the business defensible.
2. Tens of thousands of dollars of billable hours result in ‘System and method for displaying a text based colloquial greeting to the populace of a planetary body’.
3. Startup fails but notices that other companies have implemented their ‘Hello, World’ IP and a patent troll is born.

Software patents are especially frustrating as it's the idea — usually the easiest part of the business — that gets patented. Because patent law doesn't require actual implementation, let alone success, it's as if you could patent “cancer drug” and then sue pharmaceutical companies each time a new treatment rolled out.

It's tempting to call for an outright ban on software patents, as Vivek Wadhwa did recently. This doesn't work because so much technology is software based and because somewhere in that 1.2 million backlog there probably are a few genuinely novel ideas. 

The first part of the fix is to stop examining the patents at all.

This may sound crazy, but think about copyright. You don't need to pay a bunch of lawyers to represent you before the copyright office and prove that this really is the first time a particular novel has been written, or that you were in fact holding the camera when you snapped that photo. Copyright is automatic.

A patentable invention isn't a specific work of art and so some registration system is required. My suggestion is that you upload a PDF and pay a registration fee of around $1,000. It's small enough not to discourage startups and large enough to prevent abuse. USPTO would timestamp the PDF, store it for eighteen months and then publish it.

The obvious flaw would seem to be opening the floodgates to even more patent trolls. That's where the second part of the fix comes in — shift the burden of proof of validity to the company that owns the patent. You can still sue, but the first step is a rigorous and expensive exam process. 

This system makes it easy to obtain a patent but changes the nature of the patent to an insurance policy in case your idea really is as clever as you think it is. It also makes it much harder to use a patent offensively. Resources are more efficiently used to evaluate the novelty of a patent when it is enforced, rather than to do the impossible task of evaluating millions of ideas that never will be.

Full disclosure: I'm co-inventor of several software patents that I hope will never be used against you. I also recently lost a product (Cucku Backup) as a result of settling a patent infringement lawsuit and I hope that never happens to you either!

AT&T's MicroCell extends their famously inept network into your home or office. It does a tragically good job — you can use your broadband connection to not make calls rather than not making calls through an AT&T tower.

It's actually worse, because at least on the actual network you know when your signal sucks. With the MicroCell my phone shows five bars but will often refuse to make or receive a call. The first clue is often leaving the coverage of the device and finding out what you've missed. In fact, I think it might even be illegal under the Communications Act of 1934 as it's effectively a jammer. 

Even if I can make a voice call the wretched thing screws up geolocation. In order to comply with E911 the device is registered to a specific address AND requires a GPS lock to function at all. Despite this it tells my phone that it's in Berkeley. Switch the MicroCell off and I instantly get the correct location in San Francisco. Switch it on and I'm teleported to Telegraph Avenue. My Google Latitude history has whiplash every time I leave the house. 

Reading the AT&T forums I'm lucky. Other users are located in the wrong state, and have choppy voice when they can make a call at all. 

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The video below shows twenty-four hours from noon UTC to noon UTC on June 7, 2010 using webcams from the Catfood WebCamSaver database. It proves that I really will do anything to avoid finishing off the new Catfood web site.

You can probably figure out that the three blocks of cams are the US, Europe and Japan. The position doesn't reflect the latitude in this version, it's just a random selection of cams for the timezones represented in the database. As it's July and most of the cams are in the northern hemisphere you'll see long days and short nights. I'll try to remember to create an updated version around the autumnal equinox.

The program that generated the frames ended up being simpler than i thought. Because it's fetching images from a lot of different sources I had a timer creating and then saving a frame once a minute and lots of worker threads fetching the images. Each worker thread is assigned a frame number and once it's got the image it locks the main frame and tries to paints it's own area. If the frame number has moved on the image is abandoned. You can see some of the cams flickering on and off in the video — these went down while the frames were rendering or just took longer than a minute to respond.

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Here's a frustrating WPF scenario — you use the ApplicationCommands class to add Cut, Copy and Paste commands to toolbar and then put a TextBox on another toolbar. Click in the TextBox and the commands remain disabled. WTF, WPF?

The problem is with focus scopes. Your window is a focus scope and so are any menus or toolbars. This has the desirable property of allowing commands to target the control you were in immediately before invoking the command. You want paste to target the text box you're editing, not the menu item or button you clicked to request the paste.

So far so good. The problem is that the commanding system isn't smart enough to target the control with keyboard focus if it's in a nested focus scope. Remember that the window itself is a focus scope so our TextBox in a ToolBar (also a focus scope) is nested and immune to commands from our menu or toolbar.

Here's a simple window that demonstrates the problem:

Ignore the PreviewCanExecute handler for now. If you run this window and click in the main TextBox the paste button and menu item are enabled. Click in the toolbar TextBox and pasting isn't an option. Well, Ctrl-V still works and there's a context menu but you know what I mean.

The problem can be fixed by adding a command binding for ApplicationCommands.Paste and handling the PreviewCanExecute event:

When the window loads we're making note of the focus scopes for the toolbar and menu. Then when PreviewCanExecute fires we check to see if the element with the keyboard focus is in a different focus scope (and also that the window doesn't have keyboard focus). We then set the CommandTarget for the menu item and button to the element that has keyboard focus.

A handler isn't required for CanExecute as the command will take care of this with respect to the new CommandTarget.

Run the window again and you'll see that the paste button is enabled for both of the TextBox controls. When you click the button (or menu item) our PreviewCanExecute handler ignores the new keyboard focus and the command is sent to the desired control. 

One drawback of this approach is that keyboard focus isn't returned to the TextBox after the command executes. The CommandTarget remains in place so you can keep pasting and the command remains enabled but you lose the visual cue that lets you know where the target is. I haven't figured out a clean approach to this yet. When I do, I'll update this post. Better yet, if you've figured it out leave a comment.

I'm slowly converting a number of blogs from Blogger to BlogEngine.NET. The least fun part is dealing with the Blogger export file. For this blog I used a Powershell script but had problems with comments not exporting correctly and it was quite painful to fix everything up. Blogger allows you to export a copy of your blog using ATOM, however BlogEngine.NET (and other tools) speak BlogML.

I've just released a command line tool that takes the ATOM format Blogger export and converts it to BlogML. You can download Blogger2BlogML from GitHub. The tool uses .NET 4.0 (client profile) so you'll need to install this if you don't already have it. If you give Blogger2BlogML a try let me know how you get on. 

I've just released a small update for my ESRI Shapefile Reader project on GitHub. The only change is a patch from SolutionMania that fixes a problem when the shapefile name is also a reserved name in the metadata database. The patch escapes the name preventing an exception from being thrown.

Catfood.Shapefile.dll is a .NET 2.0 forward only parser for reading an ESRI Shapefile. Download 1.20 from GitHub.

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The Volume Shadow Copy Service (VSS) takes a snapshot of an NTFS drive at a point in time. The clever thing about VSS is that it doesn't copy anything — it starts with the assumption that nothing has changed and then keeps track of every change to the snapshot so only changes need to be stored.

From Windows Vista on it's possible to mount a shadow copy as a drive letter or share. ShadowTask is a command line tool that creates a VSS copy, mounts it as a drive and then runs a program or batch file. For example:

ShadowTask C V dostuff.bat

Creates a copy of C:, mounts it as V: and then runs dostuff.bat.

Let's say you want to copy a locked file — maybe some outlook personal folders. Dostuff.bat could contain:

copy V:\Users\You\AppData\Local\Microsoft\Outlook.pst C:\Users\You\Desktop\OutlookBackup.pst

Bingo, you have a copy of your PST without shutting down Outlook.

Download: ShadowTask.zip (50.86 kb)

The ZIP contains both 32 and 64 bit versions of the tool. You must use the version that matches your platform. ShadowTask supports Windows Vista and 7. XP doesn't support mounting a shadow copy so ShadowCopy will fail if you try to use it on XP. ShadowCopy must run as admin (elevated).