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More Silliness Over Patents: NetZero Sues Juno
def con Cyber writes: "Is that idea so obvious it shouldn't be patentable? This is an interesting story where NetZero is suing Juno over its ability to "pop up external advertising windows". " Check out the update (Thanks to Dan Kaminksy) regarding the suit that Juno had filed against NetZero to start this whole thing off.
Clinton was president for EIGHT YEARS! Why didn't he do something?
Cause he would have to get Congress to actually make a law to undo the damage they already did. Not bloody likely. He probably didn't pay much attention to the patent issue really. If the political will isn't there, and the people aren't bitching at you on a fairly large scale, it's not gonna get done.
Now, it's true that the Republicans DID turn the PTO into a profit center. They cut it off and told it that it had to earn its own bread. That was moronic. The patent office shouldn't be encouraged to grant patents in order to ensure its own solvency. It's supposed to grant those patents that are deserving and no more. That should require that it hire competent examiners and do thorough research. That costs money. That's the price of our patent system. Unfortunately, the PTO does not hire competent examiners (or at least none with the skills required to evaluate software-related patents), does not do thorough research before granting a patent, and is constantly trying to expand the realm of what can be patented (which is certainly not their role). All the Republicans did was create a mess of conflicts of interest, that happen to make it easy to get a patent on any stupid software trick you care to name.
It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
Maybe I am misunderstanding something...
I wonder what Microsoft would think about when someone else patents what boilds down to a simple set of calls to their OS?
I think it was a "feature" or a "bug" that was introduced somewhere by Netscape anyways to allow pop-ups to be called by a web page anyways, how different is that?
I haven't been much of a defender or a detractor of the patent system, I now think it definitely needs an overhaul.
You are incorrect-ish.
If Netzero wins, they'll be the only ones that will be able to pop up adds for free. They'll likely licence the idea (yes, that's ridiculous). End result: Netzero makes a lot of money and companys will have to make bigger ads to pay for the ability to display them.
I wonder what Microsoft would think about when someone else patents what boilds down to a simple set of calls to their OS?
If I were to make a time machine and used a Black & Decker toaster oven at the core of it, I should be able to patent this time machine even though only some or possibly none of the raw materials were actually manufactured by me, Black & Decker should have no control over my time machine (in the same way that the company that supplies steel to Black & Decker should have no control over the items that their steel is used to make). Similarly, if I use calls to Microsoft's OS in a new and innovative way, Microsoft was just the supplier of the raw materials (figuratively speaking, of course) for my software and shouldn't have any special rights over it.
I'm betting that NetZero is just trying to save thier ass. As the article points out, both company's stock dropped dramatically. This is NetZero's chance to destroy Juno. However, both sides will be hurt in legal costs. Since this patent is invalidated because of previous art (just look at Tripod) the court case will probably be dropped, but only after some hefty legal fees. Will they die? I don't know, but I do know that this case isn't worth even having a story. Let them hit eachother as it sure as heck wont matter in the long run.
In the wake of their announcement that they will be chargine $9.95 to users who use more than 40 hours a month, it would seem that they are doing everything they can to increase their revenues and become the dominant force in the free isp game.
Then again, as they have it in their budget to launch a television advertising campaign, perhaps they are not as close to going broke as some of the other free isps which now lie dead are...
Ibag
This is just as silly as that british company suing Prodigy for the use of hyperlinks, claiming that they invented it, even though prior art is demonstrated on video going back into the 60s (I think)
Someone needs to beat this guys with a clue by four. There are to many lawyers with to much time on their hands.
Bright Idea:
Everyone who wants to be a corporate lawyer has to be sterilized first.
"It is a greater offense to steal men's labor, than their clothes"
The rule is that a patentable idea should not be obvious to "one skilled in the art." The problem is that the patent office doesn't seem to hire any software engineers...
The SCO lawsuit makes me wish my company were in Utah. We need a new building.
Well Microsoft is an ISP (MSN). Does that mean they can't use pop up ads in their software products? Because like someone said earlier, Windows has ads when you install it.
And what about AOL? They've been doing pop up ads (outside of a browser) with their software far longer than NetZero has.
It is the mark of an educated mind to be able to entertain a thought without accepting it. --Aristotle
"What about all the other pop up ads that you see all over the place? I don't understand how NetZero can even patent that concept since they didn't even come up with it. According to the article, they patented the technology for an ISP to display a popup ad, the popups you see all over the place are from websites and (i hope) not from your ISP."
Guess they didn't have enough balls to sue AOL, the king of the annoying ISP log-on pop up ads.
Not to mention the fact that AOL's been doing this at least 10 years before NetZero ever came into existance. Why is it that that USPTO grants these things without ANY effort at verifying their claims? What, do they take their word for it? If that's the case I think I'll patent the wheel.
=== The price of freedom is eternal vigilance
"to NetZero's zCast technology that allows an ISP to display an advertising pop-up window"
Note, it ONLY says the patent is for ISP's. That leaves all your non-isps on the web to pop up any banners they want.
According to this times of india story and Cnet story, June sued Netzeo in summer over the advertisments that are displayed when the customer is offline.
Trust the source!
You really have to hand it to the management of the USPO, since Bush Senior, or was it under Reagan, turned the patent office into a "profit center" they are just shoving patents out the door.
Prior art? Never heard of it!
Research? I doan even reed da formz!
Boss says I got a quota to make. I don't care if I have to patent breathing. My Christmass bonus is based on how many I get out the door so hand me my rubber stamp and don't get betwen me and the ink pad.
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
What about all the other pop up ads that you see all over the place? I don't understand how NetZero can even patent that concept since they didn't even come up with it.
According to the article, they patented the technology for an ISP to display a popup ad, the popups you see all over the place are from websites and (i hope) not from your ISP.
This has the unavoidable effect of screwing over the less with-it customers of NetZero, who get caught in the "I upgraded to 3.1, but it doesn't work, and I can't go back to 3.0, so what do I do?" They used to tell people to re-install Bindows... until they realized that most people will be completely up the creek, without disks to reinstall their appz.
So now they just pass the buck and pretend there is not problem. Which is hard when you a) can't get a net connection anymore, b) don't have any alternate connection, and c) don't have the original software on disk. And they don't want to send out thousands of CDs to people, either.
I'm just glad I don't have to do phone support for these boneheads.
If Netzero wins, no one but Netzero will be able to pop up adds.
Horay! Now I no longer need junkbuster!