The IPocalypse
It does appear the day of Mutually Assured Destruction foretold in days of yore is upon us.
Paul Allen launches patent broadside on world+dog
Billionaire Paul Allen on Friday became the latest tech titan to launch a major patent offensive, filing a far-reaching complaint against Google, Apple, Facebook, Netflix, and seven other companies over technology that was developed almost a decade ago. The complaint (PDF), filed in federal court in Washington state, asserts …
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Crazy.
He won't win. The companies involved won't win. The court system will be bogged down with it for months, if not years. The lawyers involved however, must be pissing themselves laughing at the thought of the pay cheques they'll be getting.
His personal worth is in the region of $13.5bn according to Forbes. What a tit. Like he's not rich enough already?
does he intend to win ?
Obtaining revenue from patents usually involves deals done to keep the dispute out of court, rather than by bankrupting one of the protagonists. This works a bit like protection money paid by a shopkeeper to a gangster to prevent "bad things from happening". A bankrupt patent protagonist doesn't pay license fees, just as a burned out shop doesn't pay protection money - they serve as a warning to the others.
It's not about money
It's purely about using the patent system as a tool to jam up the competition--sideways and twice on Sundays. The problem here is that patent law has been completely corrupted. The way patents are used these days, it's almost impossible to believe that patents were actually intended to ENCOURAGE technical innovations.
Oh my!
Could it be that the oft whispered about day of patent armageddon is upon us? I look forward to Steve Wozniak launching his arsenal of overly broad and ambiguously worded patents covering stuff tjat people have already been doing for decades.
As for Microsoft, it is hard to believe that they arent the ones behind this, being historically too gutless to attack OSS and Linux out in the open it would appear that Allens mob of trolls may be the next SCO, albeit a SCO with a Lot more cash on hand, assuming Allen is keen to flush his own pile down the toilet with the rest
@Goat Jam
"I look forward to Steve Wozniak launching his arsenal of overly broad and ambiguously worded patents covering stuff tjat people have already been doing for decades."
Woz's brain may have been a bit scrambled in a plane crash but as a trained engineer I *strongly* doubt he'd be dumb enough to think that most (substantially more than 50%) of *all* software* patents are no more than UPPTO issued BS.
*Except the kind relating to any form of comfortable apparel of course.thanks to Gary Trudeau for that one.
These patents are awful
"Alerting users to items of current interest"
Has anyone else actually try to read this? It's utterly incoherent. No wonder the patent office rubber stamped this, they didn't read it either.
It's absurd to pretend that this work could have been the basis for any innovation. What a waste of human effort to spend time composing or even reading this monstrosity. Hell, it's a waste of 1 and 0 bits even if there were no humans involved. Which is more revolting: that mr allen feels entitled to collect royalties on the work of others, or that the USPTO is on his side?
...even as software patents go.
Agreed. Even if we set aside the debate over the value of software patents, it's incredible that any patent examiner who wasn't simply nailed to his perch could have done anything but stamp a big red "Rejected" on the front page of each of the four applications after reading the first few paragraphs. I've read a lot of patents, and I've never read so much vacuous, pointless twaddle as these.
@Lou Gosselin
I read it, and although I can say it is explicit and not too hard to understand (sorry, I didn't think it was incoherent), it is extremely broad.
That particular patent seems to cover *any* search feature that includes some sort of recommendations engine based on external user input.
It describes some examples which seem too broad and generic. For instance, one user finds an interesting site and rates it, then when a second user searches for web sites, depending on the categorization of his search criteria, he is presented with recommendations correlated from the other user.
Obviously this applies to most all current web search implementations, hence the inclusion in the complaint of Netflix, Google, Apple, and most other web application giants (sans Microsoft, of course).
It is up to the court to determine if this patent describes an obvious device or a practical invention. It does include specific formulaes for rating and correlating interest, but those would too narrow to apply to the implementations of Netflix, Google, Apple, et al.
-dZ.
"Alerting users to items of current interest"
Er, so CNN's online news is next??? 'Push' SMS's to your mobile from your service provider about special offers???
Oh, for God's sake.. These are sooo vague, it's amazing they got in. However, 'prior art' should relieve Mr. Allen of a few million to his lawyers.
Greedy fuc*ker!
@DZ-Jay
"Obviously this applies to most all current web search implementations, hence the inclusion in the complaint of Netflix, Google, Apple, and most other web application giants..."
Absolutely, and it is rather unlikely that the developers for any of the defendants have ever seen or used this patent. It's totally absurd for anyone to hold a monopoly on the idea of displaying statistically correlated products to users.
"It is up to the court to determine if this patent describes an obvious device or a practical invention."
Since the USPTO and courts have a very poor track record with their handling of business/software patents thus far, it is difficult to have any confidence in them. If the USPTO had any sense of right and wrong, these types of patents would have been voided from the get go.
Those of us in software field plainly see the USPTO has outlived its usefulness, it's affect in the marketplace contradicts it's mission statement. The artificial software roadblocks are an impediment to progress because the benefits don't come close to justifying the overhead and harm.
Thank you!
For a truly special mirth-moment :oD
Can we get El Reg to add 'VPT' to it's descriptive arsenal ? Let it be added to the fabulous vocabulary that regularly gives us Bulgarian Airbags as a memetic reference?
Cos Vacuous Pointless Twaddle really does hit the spot on so many levels.
37 out of 10 for that combination of words
Alerts? Alarming....
Prior art, eh? There must be a few Town Criers spinning in their graves.
And how dare anyone give an opinion or, heavens above, a rating, on the pies from Mrs. Miggins' Pie Shop.
It would be nice to see if Microsoft 'licensed' these patents a few years back because if they haven't one has to wonder exactly why Allen hasn't pursued such a flagrant case of abuse of the patents he holds..
It appears that the USA can't even be trusted to handle their own ideas properly.....
no...
"It is up to the court to determine if this patent describes an obvious device or a practical invention. It does include specific formulaes for rating and correlating interest, but those would too narrow to apply to the implementations of Netflix, Google, Apple, et al.
-dZ."
It's time for all software patents to be invalidated immediately unless, and only unless, they are tied to an implementation on a specific machine as a way of enabling the machine to perform the function...
software running on a general purpose personal computer should NOT be patentable at all... only stuff like software that enables something like an MRI scanner to function where it is tied to that particular machine and even then, the patent should only run for ten years at most... plenty of time to make money out of it before the machine (+ software) becomes obsolete
broken, scrap it!
The whole patent system is broken and needs sorting out. When you can secure a patent for a vague idea without (at that time) being able to demonstrate it in fact is utter bullshit.
World+dog?
He doesn't name Amazon and Microsoft, so it's just world, the dog part is missing.
Oh never mind, it doesn't matter anyway.
The patent trolls will feed off the innovators (or at the very least the ones who try to innovate).
When there are no innovators left, they'll feed of each other (your patent infringes on my patent).
And when the number of trolls reaches critical mass, they'll get sucked into the vacuum of their own arses and vanish altogether.
By that stage, the true owners of the earth, bacteria (they were here when the earth started, and they'll the be only ones left when our sun goes nova) will take over the earth. And any remaining lawers...
And I for one, welcome our new bacterial overlords....
close but not quite
Though they keep pushing back the origins of life on earth life was not quite here from the beginning. That massive collision with a mars size planet that merged with ours would be tough even on the cockroaches. Your point about scum sucking lawyers creating a virtual house of cards economy that will soon topple on us all is well taken though.
Paul Allen = patent troll
He has lost any virtue he ever held for his involvement in Microsoft. He is now nothing more than a patent troll, a leech and innovation vampire.
@ Paul Allen = patent troll
From your description I see no difference between Paul Allen and Microsoft.
Apart from WGA what have Microsoft ever innovated ?
Amazing
You've managed to put the words "virtue" and "Microsoft" in one sentence!
Notice he didn't sue Microsoft
Paul Allen is shareholder of Microsoft, and he is suing Microsoft competitors. Looks like Bill Gates announced new Jihad.
Bill Gates is also a patent troll, he and his buddy Nathan Myhrvold (also ex-Microsoftie) have a company called Intelectual Ventures, which is biggest patent trolling company in the world.
http://www.intellectualventures.com/Home.aspx
They buy patents from failed companies and then use their proxies to sue companies that compete with Microsoft. When. Looks like this time proxy is Paul Allan. Bill Gates set the target, and then trolls attack. Later they spin it like it has nothing to do with Microsoft...
Scum of the earth.
Indeed
They've worked out that working for Microsoft and building things is hard work and risky, so why not retire and just spend all day hunting for good patents to use.
@ gnufreex re: intellectualventures... interesting post!
what a wonderfully vague and odd little website you linked to! My favourite bit is in the products and services section: ..."with more than 30,000 Intellectual Property assets currently under management and thousands more being added every year" ...odd phrasing from a company that are trying to pass themselves off as "inventors"
Interestingly though, the names Edward Jung and Nathan Myhrvold are top of the list - but Gates is nowhere to be seen.
er...
Surely the output from a firm that invents things, as opposed to actually produces things is their Patents and with Patents (a.k.a. inventions) being their product surely that belongs on their products and services page.
Not wanting to piss on too many prejudices but if Allen's firm paid for research into software that eventually went on to become Google, then they deserve a return on their investment.
The patent system is fecked up because it needs some really, really , really clever people to dissect and investigate patents that are filed and those people are off inventing and creating stuff. Not pawing over other peoples inventions.
That's it
Let's stop recognizing US patents right this moment. ALL patents. And now we're at it, let's ignore their copyrights too, life + 75 years is ridiculous. Their IP process is Seriously Borken. Let's see how they will fare without us...
Alerting users to items of current interest
I think there might be prior art, like you know..cave paintings.
If this is all out world patent war ...
I can't wait for IBM's response.... Yes I know that they are not presently involved, but if this the true patent armageddon they soon will be.
p.s - Linux is safe from IBM's patents - Microsoft is not.
http://www.linux.com/news/featured-blogs/158-jim-zemlin/299092-ibms-open-source-patent-pledge
In the end there will be nothing left and we may get reform of this alice in wonderland style patent sytem.
Re: Alerting users to items of current interest
Margarita mix display in the tequila section?
BBQ sauce display in the meat department?
Salad dressing display in the fresh produce department?
WTF?
Icon by proxy.
@Chris 244
"Margarita mix display in the tequila section?
BBQ sauce display in the meat department?
Salad dressing display in the fresh produce department?"
You're so busted.
Rarely have I seen such *blatant* breach of patent.
Seriously, WTF?
How can ANY of that nonsense be patentable? The patent system (over there) is most definitely broken. F*ck knows how to fix it, but its most definitely broken!
Just out of curiosity...
...what's the difference between a billionaire vexatious litigant and a terrorist?
easy
A terrorist is a vague shadowy threat meant to scare the sheeple into giving away rights. A billionaire lawyer on the other hand is much more likely to destroy humanity. Humans always fear those that are a different than us but in actuality those that the greatest danger to you look almost exactly like you but have more money/power/influence.
The dress sense
Paul Allen's waistcoat is made from the scalps of innovators, not semtex.
Re: Just out of curiosity.....
What's the difference between a billionaire vexations litigant and a terrorist? That's easy: One is a nasty, evil, lowlife who hides his strategy for as long as humanly possible, strikes without warning, works to instill the maximum amount of fear, loathing, and horror in its victims, and grabs up any possible spoils of war after doing the most damage possible......and the other one is a terrorist.
Go John Galt
Deprive the leeches of their ill-gotten gains. Stop producing. Let the world self destruct.
Sour Grapes
So Paul Allen has been sitting on these patents for a decade or so, all of the mentioned companies have been reasonably stable in thier core operations for at least the last few years. Any chance that Mr Allen is helping out his former brainchild and attempting to hamper the competition and allow Microsoft to get its hulking beaurocratic innovation engine going at last before it gets permenantly left behind????
Also, how anyone can glean anything from the description of the browser patent I dont know, what a bunch of garbled wishy washy.
Shocker!
For the greater good
Paul Allen is one of the super rich guys who pledged to give a sizable part of his fortune to charity. It logically follows that the larger the fortune, the more money that will be available to make the world a happier, Windows 7-based place.
He's doing it for the children - won't anyone think of the children?
Down with the system?
Looking at the long list of infringments and companies....
It's obvious he's doing this on purpose. He's making a mockery of the current patent system. He wants to FAIL - hence set a precedent.
I hope it puts a stop to blood-sucking companies like Apple who file patents en masse. It's just ridiculous! It's the small start-ups that lose out in the current system.
Anyone questioning his motives can clearly see it isn't about making more money. Afterall, isn't he a part of the group, including Bill Gates, who are donating half of their fortunes to charity?
:)
And to back up his patent claims.....
Doubtless Microsoft is a long term licensee of all these patents. Not that I'm trying to say the founders of MSFT are thick as thieves 8-).
Time, again, to change U.S. patent law. to serve the public, not 'pigs'
The problem lies in the U.S. Patent office in that is manned bu less than intelligent examiners or he rules it is governed by are too lax.
What shear stupidity is: "Alerting users to items of current interest"? I don't think a search engine alerts anyone, it simply provides indexed tags. Alerting sounds more like an alarm clock so when a time point is reached it alerts you. How does Google 'alert' a user when the user initiated the requested search.
Then you get Apples 'let us do it all over again" where the try to patent common practices or even others ideas.
The United Nations should establish a conference so every patent office is using the same criteria.
the end?
could this finally herald the end of ridiculous(sp?) software patents? oh please oh please oh please
the only people who win anything from this crap is the lawyers!
Stop the software patent leeches
Software ultimately emulates human behaviour. How do you patent that?
AC@05:33
"Software ultimately emulates human behaviour. How do you patent that?"
You might like to read Michael Creighton's "Next" just about his last book to see what *can* be patented under US law.
Indeed what rights you might have to your *own* body.
a patent on breathing
The patent eco-system is crazy, but its like smack for big companies, they want the patents so they can use them to defend other patents and avoid getting wiped out in court financially.
Once Paul Allen shuffled up to the patent office looking shady back in 1980 something and asked for his first patent application with shaky hands, from that moment he was a hooked patent junky. What can he do now only assert the patents or they are worthless. If he manages to get off the killer habit then he will end up like Steve Wozniak but without the original kudos.
Could it be ....
......that hes trying to do us all a favour? (Or favor for the septics). I don't believe that he can be serious with these patents. Surely he can't really believe that he can defend a patent on "Using my unused attention capacity". So maybe he is trying to ignite a revolt against the patent system by highlighting it's stupidity. Or am I too optimistic?
As a second thought, if he can patent "Using my unused attention capacity" can I patent "Suing his unsued capacity?"
Favours
I certainly hope so.
Perhaps he is as sick of flashing banner ads as the rest of us, and someone has just pointed out that he has the patents in place to outlaw them.
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