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X10 Pays $4.3 million In Damages For Pop-Unders

Black Perl writes "The Seattle Times is running an article entitled "California brothers win $4.3 million award against X10." Apparently, pop-unders are "proprietary" technology and a "business model" that X10 stole. I have mixed feelings about this. I love to see X10 get its due for the pop-unders, but proprietary technology it is not." Haha. Patents are funny.

288 comments

  1. Eh by dswensen · · Score: 0

    They'll just appeal.

    1. Re:Eh by Anonymous Coward · · Score: 2, Funny

      ...and you KNOW they'll get some serious dirt for the appeal by spying on scantily clad women sunbathing.

    2. Re:Eh by Anonymous Coward · · Score: 0

      This annoys me, I always thought p2p would be safe, since no company is responsible for the applications, at least in the open source world.

      further discussion here!

    3. Re:Eh by cshark · · Score: 1

      So you're commenting on the propriatary popup patent potetion? Poo, these patetnts have been propetually profligate. Perhaps this the pinical of the panic over the propriatatary popup patent... One can only ponder the perpindicularness (?) of the problem.

      --

      This signature has Super Cow Powers

    4. Re:Eh by Anonymous Coward · · Score: 0

      woohoo, looket me ma, i youse dem big werds.

    5. Re:Eh by NanoGator · · Score: 1

      "They'll just appeal."

      No, X10 is not appealing.

      --
      "Derp de derp."
    6. Re:Eh by slapphappe · · Score: 1

      I can't find a patent invented by a "Vanderhook", let alone this one -- anyone got the patent number so's we can look it up? The article quoted mentions that they, the Vanderhooks, were "one of the first" to be doing this, which implies there is prior art -- so I'm dubious about this being a patent infringement case. Are there more articles on this case out there?

    7. Re:Eh by slapphappe · · Score: 1

      Okay. I see much earlier replies already pointed out that this was a contractual breach not a patent infringement ...

    8. Re:Eh by Anonymous Coward · · Score: 0

      but look how many he could actually spell... maybe one, maybe two

    9. Re:Eh by Anonymous Coward · · Score: 0

      Don't be a fuck nugget. Nobody likes a spelling nazi. I thought it was funny.

  2. Ummm by bgog · · Score: 4, Interesting

    So if I as a feature to a browser that lets you automatically play a sound file, then someone can patent using that feature to emit an advert? Sounds like the patent should belong to the browsers who added the feature that lets you do a pop up.

    1. Re:Ummm by letxa2000 · · Score: 5, Informative
      Pop-Under, you mean.

      I tend to agree with you. But the browser doesn't specifically have a "pop under" feature. It's just a matter of running some JavaScript to send it to the back. Patenting that is rediculous, but no more rediculous than patenting anything else any given software does.

      Which does lead us to the conclusion, of course, that patenting software is silly.

    2. Re:Ummm by Phroggy · · Score: 4, Informative

      But the browser doesn't specifically have a "pop under" feature. It's just a matter of running some JavaScript to send it to the back.

      Precisely. The browser lets you run JavaScript code when a page loads. It lets you open a new window. It lets you move a window behind other windows. Using these features together to create pop-under advertisements isn't entirely obvious - although once you've seen the idea, reproducing it is completely blatently obvious (which is exactly the sort of thing patents are for - protecting the person who originally came up with the idea, because once the idea is out there, anyone can reproduce it).

      But yeah, this is really pretty trivial.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    3. Re:Ummm by chgros · · Score: 1

      (which is exactly the sort of thing patents are for - protecting the person who originally came up with the idea, because once the idea is out there, anyone can reproduce it)
      Not quite. Patents were rather supposed to protect a design, in exchange for the inventor providing the plans. Copyright is supposed to protect ideas/easy-to-reproduce things.

    4. Re:Ummm by samjam · · Score: 1

      What rubbish, of course its obvious.

      What isn't obvious (like Amazon one-stupid-click shopping) is whether or not it would be a good idea.

      Deciding that it is a good idea is NOT patentable.

      I think most people agree pop-unders are a BAD idea which probably explains why most people HAVEN'T used them.

    5. Re:Ummm by kaltkalt · · Score: 1

      completely and utterly wrong. copyright cannot protect an idea. Copyright protects expressions of ideas. Patents protect ideas, but only nonobvious ones. Ever hear of the idea/expression dichotomy?

      --

      Stupid people make stupid things profitable.
    6. Re:Ummm by blrichwine · · Score: 1

      Doing a pop-under is no less obvious than say using Javascript to verify form entries. Hmmm... Maybe I can patent that and make some real big $$$$.

    7. Re:Ummm by jridley · · Score: 1

      If you take this logic to its end, then nobody should be able to patent anything run on a computer; they're just using the programmable digital calculation machine to do things. No computer patents are valid!

      At the very least, if you're saying that anything written in Javascript wouldn't be patentable because it's the Javascript that enabled it, then the same could be true of any language.

      If you're just talking about embedding language in an application (like a web browser) then no technology developed on any kind of a plug-in architecture would be patentable.

      I'm not saying they SHOULD be patented, just that I don't think this is a good argument.

    8. Re:Ummm by YrWrstNtmr · · Score: 1

      Then shouldn't the coders/organization behind JavaScript (Netscape) get the credit? This feature/ability was specifically coded into the language.

      If I build a widget that does A, B, & C, in any order you want, and someone uses it to do B, and then A, how do they get the credit for something I built?

    9. Re:Ummm by iplayfast · · Score: 1
      If you take this logic to its end, then nobody should be able to patent anything run on a computer; they're just using the programmable digital calculation machine to do things. No computer patents are valid!

      Hmmm, that looks right!

    10. Re:Ummm by Gaijin42 · · Score: 1

      You just said that credit for every computer program should go to the person who invented the language, or wrote the compiler.

    11. Re:Ummm by Beliskner · · Score: 1
      But the browser doesn't specifically have a "pop under" feature. It's just a matter of running some JavaScript to send it to the back.
      Javascript uses a large number of my CPU cycles and is therefore theft. X10 is doing a DoS attack on my CPU so I should be able to sue them.
      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    12. Re:Ummm by L1TH10N · · Score: 1

      completely and uttery wrong. Patents do NOT protect ideas. They protect inventions. That is, something that is actually real.

      --
      Yet another ironic recursive statement.
    13. Re:Ummm by kaltkalt · · Score: 1

      Nope. An invention is an idea or a series of ideas. If you want to get technical about it, patents protect claims. But you cannot patent your story, and you cannot copyright your widget (at least not yet... give congress a few more years though). Ideas vs Expressions is the difference between patents and copyrights.

      --

      Stupid people make stupid things profitable.
  3. even stranger... by gmkeegan · · Score: 5, Funny

    is that when I went to read the article, I got a classmates.com pop-under. Are they being sued, too?

    When the going gets tough, use Johnson's Going Tenderizer

    1. Re:even stranger... by Mattcelt · · Score: 2, Redundant

      Um, I don't want to sound like a broken record here, but Opera has a feature to "Open requested pop-ups only", and I'm pretty sure the latest Mozilla has something similar...

      ...so I can say with confidence: Pop-unders? What are those?

    2. Re:even stranger... by wmspringer · · Score: 1

      Yup....I used to avoid sites that have popups, but since I switched to Mozilla I don't even have any idea which ones do, since I don't get any :-)

    3. Re:even stranger... by /dev/trash · · Score: 1

      Nooooo, Classmates probably pays their bills. X10 wasn't so they were sued.

    4. Re:even stranger... by Liselle · · Score: 1

      I concur, and use that setting myself. When forced to use IE on a lab computer, I'm generally caught off guard.

      And on another note, feel free to sound like a broken record whenever you please. The more we encourage people to switch over to browsers like Mozilla or Opera, the better off everyone is. I got my sister to switch to Opera, and she's the type of person who opens every e-mail attachment, uses Kazaa, and doesn't know what Ad-Aware is.

      --
      Auto-reply to ACs: "Truly, you have a dizzying intellect."
    5. Re:even stranger... by corbettw · · Score: 1

      I can't use Opera or Mozilla at work, but I can install the Google Toolbar, which also blocks pop-ups. What's great is with one click, I can allow pop-ups on a given site (like, say, my WebMail, so it still pops-up the notification that I have new spam to delete).

      --
      God invented whiskey so the Irish would not rule the world.
    6. Re:even stranger... by jridley · · Score: 1

      I was at a friend's desk the other day, he mistyped a URL, and had about a dozen pop-unders to kill. I asked him when he was going to stop running shit-ware on his machine, he just said "Yeah, I know, I know. I'm just too lazy." Seems like running Mozilla IS the lazy thing to do; manually killing pop-up/unders is the wasteful, time consuming thing to do.

    7. Re:even stranger... by jaysones · · Score: 1

      Safari does too. Pop-ups are for IE users only these days.

    8. Re:even stranger... by Anonymous Coward · · Score: 0

      come on, dont be a troll! Mozilla has had it since way before opera. Get your facts straight looser.

    9. Re:even stranger... by Anonymous Coward · · Score: 0

      I think it's time for you to install Adaware!

  4. Xs by pheared · · Score: 0, Funny

    Someone should sue X10 for using an X in their name because Xs are really getting lame.

    1. Re:Xs by edalytical · · Score: 1

      X in our alphabet being a needless letter has an added invincibility to the attacks of the spelling reformers, and like them, will doubtless last as long as the language. X is the sacred symbol of ten dollars, and in such words as Xmas, Xn, etc., stands for Christ, not, as is popular supposed, because it represents a cross, but because the corresponding letter in the Greek alphabet is the initial of his name -- Xristos. If it represented a cross it would stand for St. Andrew, who "testified" upon one of that shape. In the algebra of psychology x stands for Woman's mind. Words beginning with X are Grecian and will not be defined in this standard English dictionary.

      The Devil's Dictionary
      Ambrose Bierce

      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    2. Re:Xs by Mattcelt · · Score: 4, Funny

      Yeah, I have a couple of X's who are pretty lame too. 'Course, I didn't find that out until I was dating them!

    3. Re:Xs by Bendebecker · · Score: 1

      Didn't you see that stargate episode about "Wormhole Extreme"? The marketing department says things with x in the name sell better.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    4. Re:Xs by wo1verin3 · · Score: 1

      I just hope they don't go after the X11 folks. :)

    5. Re:Xs by muckdog · · Score: 1

      gosh I hope not since X10 likely has prior art over any X11 patents

    6. Re:Xs by wo1verin3 · · Score: 1

      Not to worry, if X10 goes after X11 we have prior art in the form of X2.

    7. Re:Xs by hondo77 · · Score: 1

      At least you found out before marrying one. I'm not bitter, though.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    8. Re:Xs by DJ+Spencer · · Score: 0, Offtopic

      Yeah, kinda like OS X. Those people suck too...

    9. Re:Xs by anubi · · Score: 1
      "Someone should sue X10 for using an X in their name ..."
      Actually, X10 might stand to make a little money themselves. Do you think Microsoft would stand by if a businesses advertised a line of MS* products or McDonalds allow others to sell McFries or whatever? They may be able to get some money out of the X-box or XP, only because of the 'X' trade prefix. IANAL, but I have seen a lot of bickering here on /. over a helluva lot less.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

    10. Re:Xs by pclminion · · Score: 0, Offtopic
      Yeah!

      Down with X Windows, MacOS X, LinuX, and UNIX in general!

      Screw the letter X!

    11. Re:Xs by mcpkaaos · · Score: 1
      blah blah blah... Words beginning with X are Grecian and will not be defined in this standard English dictionary.


      Xylophone , smart ass.

      =o
      --
      It goes from God, to Jerry, to me.
    12. Re:Xs by Anonymous Coward · · Score: 0

      Actually a Xylophone is a Grecian instrument... but you are right it definately is in the English dictionary.... but even if it were not the poster you were replying to is full of crud any way...

      "X ... being a needless letter"

      eXtra?
      eXperiment?
      siX?

    13. Re:Xs by edalytical · · Score: 1

      smart ass

      Why yes, he was a smart ass. Ambrose Bierce I mean, at least that is one way to describe him. I would call him a brilliant writer, who wrote a satire by redefining words. The definitions he made up became a book now known as "The Devil's Dictionary." You seem to have missed that my post was a entry form that book. Namely the entry for the letter X. The book is meant to be humorous and should not be taken seriously.

      The poster I replied to wrote "Xs are really getting lame." I thought he might enjoy the definition. So lighten up.

      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    14. Re:Xs by edalytical · · Score: 1
      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    15. Re:Xs by mcpkaaos · · Score: 1
      The book is meant to be humorous and should not be taken seriously...so lighten up.


      Relax, so was my post.
      --
      It goes from God, to Jerry, to me.
  5. Oh the Irony by tbase · · Score: 3, Funny

    I RTFA, closed the window and found what? A Pop-Under ad!

    --

    666-607: 6th floor apartment of the beast
    1. Re:Oh the Irony by jfengel · · Score: 2, Informative

      Dude, you have GOT to get a real browser. I'd completely forgotten about the existence X-10 and pop-unders until I saw this Slashdot article.

      Firebird, Mozilla, Opera, Safari, ANYTHING is better than IE or years-old versions of Netscape. Pop-unders are a bug, not a feature.

    2. Re:Oh the Irony by DrEldarion · · Score: 1

      Or just get the Proxomitron. That program is perfection.

      -- Dr. Eldarion --

    3. Re:Oh the Irony by interiot · · Score: 1
      Perfection... except that most proxies add extra latency which Proxomitron certainly does. And except that it uses regular expressions working on flat text, instead of working on the parse tree directly as something like DOM within a browser can do, so it will make mistakes and there are some things it can't do.

      Mozilla is a lot better solution. 1/3rd of Mozilla is written in Javascript (so it's extremely flexible), and supports DOM manipulations and such, and the javascript can happen while the document is rendering so you don't get extra latency.

      Mozilla still aint perfection (that'd require assembly or hardware-accelerated filters), but it's closer than Proxomitron.

    4. Re:Oh the Irony by tbase · · Score: 1

      Oh I know- I don't have that problem at home. But at work, I need to know what the average user is experiencing, and unfortunatley that means IE with no POP blockers. I do, however, keep it pretty locked-down with things like SpyBot S&D to keep my settings from being changed and such.

      Besides, getting a pop-under on an article about the king of pop-unders is so amusing it's almost worth using a crap browser :-)

      --

      666-607: 6th floor apartment of the beast
    5. Re:Oh the Irony by jon3k · · Score: 2, Informative

      All you really need is the google toolbar ... at least those of you running windows.

      Its free, and actually performs some pretty neat functions.

    6. Re:Oh the Irony by anotherone · · Score: 2, Insightful

      You complain about the sub-millisecond increase in latency with proxomitron, but not about writing 1/3 of a desktop program in JAVASCRIPT? go figure.

      --
      Username taken, please choose another one.
    7. Re:Oh the Irony by jfengel · · Score: 2, Funny

      I know a guy who used to have the job of emptying the lavatories from commercial airplanes, and he tells me that certain...accidents get you the rest of the day off work.

      But at least he wasn't forced to use IE. My sympathies.

    8. Re:Oh the Irony by Anonymous Coward · · Score: 0

      I run IE, and never see pop-ups or pop-unders. There are any number of 3rd party plug-ins available. The one I use is Popup Cop (http://www.popupcop.com)

    9. Re:Oh the Irony by Kadagan+AU · · Score: 2, Funny

      I RTFA

      you're new here, aren't you?

      --
      This space for rent, inquire within.
    10. Re:Oh the Irony by Anonymous Coward · · Score: 0

      Get your /. cliches right, it's: "You must be new here."

    11. Re:Oh the Irony by kiwimate · · Score: 1

      Well, I started reading all the /. comments, and I found...a pop-up from a survey/marketing firm which appears every so often as I go through /. Now, I'm guessing that most /.ers have pop-ups disabled, but I'm at work with a tightly controlled desktop environment that includes IE, so have no such luxuries.

      By the way...if you mod this as funny, you've got it wrong. This isn't a joke. Try interesting or something. I can't believe I've not seen this mentioned already.

    12. Re:Oh the Irony by An+ominous+Cow+art · · Score: 1

      I use Proxomitron in conjunction with Mozilla. Now, that *is* perfection.

    13. Re:Oh the Irony by interiot · · Score: 1
      Proxomitron definitely has a noticeable increase in latency, it's not sub-millisecond.

      I'm not sure if Mozilla has compiling/caching/whatever strategies to speed it up, but it's considered to be near the speed of MSIE which is mostly C. Most of the javascript is just controlling the C code, there isn't much rapid looping in javascript or whatnot.

  6. I would like to have seen... by Nijika · · Score: 4, Informative
    X10(DOT COM) get dinged by customers not buying their cams, rather than this odd legal slight.

    PS, just for those of you who aren't familiar; X10.com is not really related in any way to the x10 protocol or x10 devices, don't let x10.com sour you to this awesome technology. x10.com seems to sell webcams mostly to people who hope to catch hot chicks on camera.

    --
    Luck favors the prepared, darling.
    1. Re:I would like to have seen... by Anonymous Coward · · Score: 0

      Er, x10.com is where I bought X10 appliances direct from X10. I have seen no indication whatsoever that it is a separate company. Can you point it out?

    2. Re:I would like to have seen... by donnyspi · · Score: 0

      What the heck are you talking about? My friends and I have bought tons of stuff from X10 to automate our homes. It's not just about hicks on camera, though that is their main advertising channel. X10.com sells real X10 stuff -- motion sensors, lamp modules, remotes, etc etc....

    3. Re:I would like to have seen... by ENOENT · · Score: 2, Funny

      Say you're playing along with a normal device, and it's at x10, and where do you go from there? Nowhere. But these go to X11!

      --
      That's "Mr. Soulless Automaton" to you, Bub.
    4. Re:I would like to have seen... by Xaoswolf · · Score: 1
      x10.com seems to sell webcams mostly to people who hope to catch hot chicks on camera.

      and there's a problem with that???

    5. Re:I would like to have seen... by Lumpy · · Score: 2, Informative

      you are way off.

      their anaconda cameras are pretty good for the money. you can't touch a weatherproof outdoor color or B&W camera for 3 times the price fo their camera.

      Granted all they are doing is remarking and selling someone else's product. but I have bought at least 20 of their "anaconda" cameras for customers as they are super small, weatherproof as long as they dont get frozen inside an icecicle or submerged.

      until you can find me a source of dirt-cheap outdoor cameras I'll continue to buy them from X10.com... and hell, they are so cheap I can offer free replacement to my customers in the event one goes bad (Still haven't had any fail.. 10 of them are outdoors, and have been for 2+ years as guard shack cameras at a local lumber yard.

      --
      Do not look at laser with remaining good eye.
    6. Re:I would like to have seen... by daviddennis · · Score: 2, Interesting

      Sadly, you are wrong; I, too, have X10 home control technology purchased from X10.com. They send me spam emails something like every day, but my Apple junk mail filter deep-sixes them.

      The technology actually is pretty neat, but it's sadly built down to a price. I'd like to see higher quality alternatives which would dim lights more smoothly.

      Fry's sells the X10 security camera line. Their advertising is horribly deceptive, since it implies that the cameras take high-quality pictures. This, of course, is not the case. The picture quality is just plain dismal. Images are fuzzy and have very poor colour.

      I believe you can also buy X10 home control technology from Radio Shack, under one of their brands.

      I would cautiously recommend the X10 home control systems to people who want home control. But I would not recommend the cameras at all.

      D

    7. Re:I would like to have seen... by bhtooefr · · Score: 2, Informative

      AFAIK, X10 (whose site IS x10.com) INVENTED the fscking X10 spec! I don't think the cams are X10 compliant, but they do sell the x10 gear. Here's their page for the home automation equipment: http://www.x10.com/automation/homeautomation.htm (be warned, it's just as spammy as everything else)

    8. Re:I would like to have seen... by NotClever · · Score: 1

      X10 has been around for decades. Long before X10.com.

      --
      Hell, there are no rules here. We're trying to accomplish something. - Thomas Edison
    9. Re:I would like to have seen... by rupert2000 · · Score: 1

      "Love is like sweet medicine, good to the last drop." ..in bed

    10. Re:I would like to have seen... by Best+ID+Ever! · · Score: 1

      The technology actually is pretty neat, but it's sadly built down to a price. I'd like to see higher quality alternatives which would dim lights more smoothly.

      I think I read somewhere that the problem is that they are (necessarily) solid state, and it's hard to make a good solid state dimmer.

      I believe you can also buy X10 home control technology from Radio Shack, under one of their brands.

      Yep, just go to radioshack.com and click on "security and home automation." I checked at one of their physical locations once, and they didn't seem to have much, but the website seems to have everything.

      Aside from home automation, X10 can also save you a ton of electrical work. You can put in a 3-way switch where it isn't wired for it, or put a wireless switch where there's no wires at all.

    11. Re:I would like to have seen... by Black+Perl · · Score: 2, Informative
      Sadly, you are wrong; I, too, have X10 home control technology purchased from X10.com ... I'd like to see higher quality alternatives which would dim lights more smoothly.

      I think you misunderstand. The parent was saying that X10-the-protocol is good, and X10-the-company doesn't make good X10-the-protocol stuff.

      The "higher quality alternatives" you are seeking exist, from many companies:

      Every one of those companies have better X10-the-protocol switches than X10-the-company. Not to mention that other companies provide more products and features, allowing more kinds of automation (HVAC control, sprinkler controllers, etc).
      --
      bp
    12. Re:I would like to have seen... by DJ+Spencer · · Score: 1
      You mean I don't get to watch hot chicks on camera?

      I guess I'll have to resort to my Girls Gone Wild DVD's again....

    13. Re:I would like to have seen... by phurley · · Score: 1

      I will second the PCS and raise you a Worthing Distribution as a good supplier. And don't forget about Applied Digital for your controllers.

      --
      Home Automation & Linux -- now I know I'm a geek
    14. Re:I would like to have seen... by gnu-generation-one · · Score: 0

      "x10.com seems to sell webcams mostly to people who hope to catch hot chicks on camera."

      And receivers to people who like to drive around watching people's "private" wireless cameras...

      (yeah I know, you use a TV-equipped scanner and not an X10 receiver...)

      "Secure your house and protect your family! Install CCTV cameras everywhere, then transmit unencrypted!"

    15. Re:I would like to have seen... by torgosan · · Score: 1
      ...or put a wireless switch where there's no wires at all.

      +1, Redundant

      --
      "If you put the federal government in charge of the Sahara Desert, in 5 years there'd be a shortage of sand". -Milton F.
    16. Re:I would like to have seen... by jridley · · Score: 2, Funny

      X10.com is not really related in any way to the x10 protocol or x10 devices

      Well, other than they're the X10 that INVENTED the X10 protocol and MAKES the X10 devices.

      x10.com seems to sell webcams mostly to people who hope to catch hot chicks on camera

      I'm thinking about suing them; I bought a camera and I haven't cap'd a single bikini chick smiling into it yet! Their ad practically guarantees hot candid action!

    17. Re:I would like to have seen... by bhtooefr · · Score: 1

      Actually, I've heard the 1980's era horror stories of unreliable X10 equipment (right next to the stories saying that that's not the case anymore).

    18. Re:I would like to have seen... by Piggyness · · Score: 1

      About this you are wrong:
      "X10.com is not really related in any way to the x10 protocol or x10 devices"

      The companies the protocol and products are all the same

    19. Re:I would like to have seen... by JuggleGeek · · Score: 1
      until you can find me a source of dirt-cheap outdoor cameras I'll continue to buy them from X10.com

      When you buy from spammers, you are directly supporting spam. I'd like to set up a simple, low-cost digital camera system for security purposes, but I won't be buying from X10 because of their email spam.

    20. Re:I would like to have seen... by Lumpy · · Score: 1

      funny, because I started buying from them BEFORE the started pop-up marketing.

      and I have NEVER got a piece of X10 spam and they have my email address.

      --
      Do not look at laser with remaining good eye.
    21. Re:I would like to have seen... by JuggleGeek · · Score: 1
      I don't know when they started doing pop-ups/pop-under advertising. Those don't work here anyway.

      But there is no doubt that they send email spam. Before I knew that, I had signed up to their mailing list. Their mail to that address wasn't spam - I'd signed up because I was interested in the product. Then, to a different address which is very public and therefore often spammed, I received email advertising their company and their products. That *was* spam. At that point, I unsubscribed the original address and told them that I don't do business with spammers.

      You don't have to trust me. Look it up at groups.google.com and you'll see that they've spammed a lot of people.

      Or you can continue to support spammers. It's up to you.

    22. Re:I would like to have seen... by ryanwright · · Score: 1

      X10.com is not really related in any way to the x10 protocol or x10 devices, don't let x10.com sour you to this awesome technology

      X10? Awesome technology? You've got to be kidding me. Let's see... doesn't work with most CF bulbs, doesn't play well with transformers or switching power supplies, misses signals every once in awhile, and sometimes even misinterprets signals and switches the wrong damn device. Yeah, awesome technology... right.

      I've put thousands of dollars into X10 equipment over the years. Even the high quality stuff from Leviton, PCS, etc, suffers from the inherent limitations of the protocol. Powerline transmission is simply unreliable.

      If you want to purchase filters at $20 a pop to place on many of the devices in your home, X-10 is fine.

      If you want the protocol to control which electrical devices you can and can't use in your home (CF bulbs, many TVs & electric razors, and most switching power supplies tear up the X-10 signal), X-10 is fine.

      If you want to spend hours troubleshooting stupid problems, installing line blockers and signal couplers and such, X-10 is fine.

      If you don't mind occasionally missing a signal, or getting the wrong signal, or a light just randomly turning on or off due to noise on the line, X-10 is fine.

      If you want a REAL control solution, you'll spend the cash and buy into Crestron, AMX, or any other hardwired solution; or, Lutron RadioRA for wireless. After 6 years of fscking with X-10, I'm nearly finished liquidating it all in favor of a solid home control network. My AMX Radia units work flawlessly, every time. They control any load I want, dim to any level I want, and do it all instantly. No lag, no reliability issues, just perfect lighting control at my fingertips.

      --
      -Ryan, with the unoriginal sig
  7. Blech by bperkins · · Score: 4, Informative

    This story has nothing to do with patents,(as far as I can tell anyway). The word patent isn't even mentioned in the story, and proprietary != patented.

    It would appear that this is about X10 hiring these people to do pop unders, and then not paying them. Unfortunately it's impossible to say what the real
    story is from this very short article.

    1. Re:Blech by mavenguy · · Score: 3, Informative

      Agreed. A further clue is the fact that this was decided in a state court. Had it been a patent infringement case it would have come out of a Federal District court ( 35 USC 281 )

    2. Re:Blech by Overly+Critical+Guy · · Score: 4, Insightful

      Well, Slashdot needed Yet Another Patent Story. It doesn't matter if the editor never even dreamed of actually reading the link, and instead inserted such witty banter as "Haha. Patents are funny."

      Slashdot is corporate-owned and is all about page hits these days, I'm afraid.

      --
      "Sufferin' succotash."
    3. Re:Blech by Anonymous Coward · · Score: 0

      yawn.

    4. Re:Blech by Anonymous Coward · · Score: 0

      I'm afraid that you're just a stupid fucking troll. Why don't you stick your head in a bucket of shit and call it a day?

      Moderators: You ought to be ashamed.

    5. Re:Blech by JuggleGeek · · Score: 1
      Correct. It isn't a story about patents, despite the Slashdot headlines. It's about a company who thought that allowing known spammers to run up a bill for over half of a million dollars and trusting them to pay the bill.

      X10 are well known spammers. Trusting them to be honest was stupid.

  8. Patents? by kevin42 · · Score: 5, Informative
    What does this have to do with patents? I don't think patents were involved here at all. X10 was a customer of the company who sued them.

    From what I've read in other articles about this suit, they were sued because they refused to pay the commission for all those pop-under ads. Imagine if you started a company and designed a banner ad for a company. Your contract said you get a certain amount for each time it is used. Then after the company owes you half a million dollars, they decide not to pay. That is what this is about, not patents. Read here for more information

    *sigh* ... Typical...

    1. Re:Patents? by Anonymous Coward · · Score: 0

      You are 100% on target - this is a simple contract dispute, just as if I had hired someone to cut my lawn and didn't pay him for it.

      But remember, this is NOT about the facts - this is /. Everything must be couched in us-versus-them terms. It's amazing the author didn't managed to incorporate a DMCA rant in there somehow!

    2. Re:Patents? by DrEldarion · · Score: 2, Interesting

      Part of the article is worded strangely, so I can see where that conclusion came from. It's the part where it says:

      stole their proprietary technology and business model.

      It's easy to draw the wrong conclusion from seeing that.

      -- Dr. Eldarion --

    3. Re:Patents? by mopslik · · Score: 5, Funny

      What does this have to do with patents? I don't think patents were involved here at all.

      I'm patenting the act of not reading the article before posting a headline or comment. I figure 99.9% of Slashdotters will owe me millions.

    4. Re:Patents? by MntlChaos · · Score: 3, Funny

      I'm patenting the act of not reading the article before posting a headline or comment. I figure 99.9% of Slashdotters will owe me millions.

      with your UID there's PLENTY of prior art around

    5. Re:Patents? by mopslik · · Score: 3, Funny

      with your UID there's PLENTY of prior art around

      And when has that stopped the patent office before?

    6. Re:Patents? by Harik · · Score: 1
      Even worse, rather then paying you a half million, they pay _PERHAPS_ 50-100k to their own people to implement the service themselves.... stringing you along until they get theirs online.

      Basically, it's a case of fragrent contract violation and open-and-shut. The audacity of it is why they're still liable for punative damages.

      "Here, we'll pay you to do this for us. Just kidding. But thanks for designing the system we just stole from you."

      Patents? Apparently the editors saw "lawsuite!" and assumed patents. I guess the SCO case is about patents, too. And those dammed violent videogames are infringing on the Diabold Orbital Mind Control Lasers patent, too.

    7. Re:Patents? by d3faultus3r · · Score: 1

      It sound like the submitter of the news story didn't even rtfa. That's just pathetic.

      --
      read my blog
      musings on politics and technol
  9. Now How Are They Going To Pay For All Of Those... by Anonymous Coward · · Score: 2, Funny

    Swimsuit models? You know, the ones sitting around my pool that I have to monitor 24/7?

  10. Damn my X10 system!!! by ErnstKompressor · · Score: 2, Funny

    Damn it to hell...back to 'The Clapper' I guess...

    --
    We apologise for the fault in this post. Those responsible have been sacked. -- Signed RICHARD M. NIXON
    1. Re:Damn my X10 system!!! by Anonymous Coward · · Score: 0

      Figures you would own a "clapper", seeing as how you also buy other useless shit, such as crapple hardware.

      Fucking faggotty apple fanboy. I shit on you.

  11. Re:Eh - To The 9th Circuit Court by Nom+du+Keyboard · · Score: 2, Funny
    They'll just appeal.

    And to the Ninth Circuit Court of Appeals. Watch out now!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  12. so someone tell me again... by ed.han · · Score: 1, Redundant

    do we like patent barratry today, or dislike it?

    ed

    1. Re:so someone tell me again... by irc.goatse.cx+troll · · Score: 1

      I hate it, but recognize it isnt going anywhere so i can enjoy when its abused against someone you dont like.

      It's just like any other bad thing in the world really. (of course, I dont speak on behalf of slashdot, as we're no longer a hive mind like it used to be years ago)

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    2. Re:so someone tell me again... by arb · · Score: 1

      If it's used to target someone we don't like, then we like patent barratry. If it is a "good" person/corporation being targetted, then we dislike it.

      So we have to figure out whether we like/dislike X10 more or the guys who came up with the pop-under concept. 8-/

  13. Gotta love Firebird by pyite · · Score: 5, Insightful

    I have all but forgotten about Pop Under/Over/In the Middle/Whatever ads since using Mozilla Firebird. The builtin pop-up blocker is truly lovely.

    --

    "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    1. Re:Gotta love Firebird by Rudy+Rodarte · · Score: 1

      Amen to that. The only reminder of pop ups is that little "boom" in the moz status bar. Other than that, I have not seen pop ups for quite some time. However, all my buddies here at work use IE. Hehehe. Some of them have spyware installed that pops up windows for no reason at all. Even when they aren't there. Hehehe.
      Back on topic, I think 10,000,000 is a bit much. Have they even sold that much in those cameras? They have probably spent more in hiring those models.

    2. Re:Gotta love Firebird by Mitchell+Mebane · · Score: 1

      Firebird + Proxomitron is even lovlier. :D I rarely see ads at all now.

      --

      The roots of education are bitter, but the fruit is sweet.
      --Aristotle
    3. Re:Gotta love Firebird by liquidsin · · Score: 1

      Firebird? What does a database have to do with pop-up adverts?

      --
      do not read this line twice.
    4. Re:Gotta love Firebird by Anonymous Coward · · Score: 0

      You can get the same effect in IE. It even lets you filter other things you do not like. Even works in the netscape variants... no-ads I use IE every day and havent seen a popup ad in about a year and half since I started using this little script. If I do find one I just add it to the list and its gone forever. Most advertisments of this type come from the same places. Its even fairly good at preventing spyware in the first place coming from web pages. From other apps well you just have to watch for it... When I was using dialup and was using this script it made surffing the web actually fun. Instead of one giant billboard. Also once you remove most advertisments the web is actually very quick. Most of the main advertisment servers are swamped and it takes forever to get an image out of em.

    5. Re:Gotta love Firebird by rzei · · Score: 2, Insightful

      I think that it should be "Gotta love ". Konqueror has a blocker, Mozilla and it's relatives have it too, Opera AFAIR has it.. Plus all the ones I don't know about have it too.

      It seems again that everyone else than Microsoft care about their users.

      -rzei

    6. Re:Gotta love Firebird by Anonymous Coward · · Score: 0

      phoenix was the database, iirc. firebird is what they changed the name to.

    7. Re:Gotta love Firebird by armando_wall · · Score: 1

      Don't know about the database, but Firebird is also the name of Mozilla's new browser component.

    8. Re:Gotta love Firebird by Anonymous Coward · · Score: 0

      Mozilla Firebird, not FirebirdSQL.

    9. Re:Gotta love Firebird by Repton · · Score: 1

      I use Moz.. A web page can still occasionally slip a popup through its blocker.

      But, since I also have Tabbrowser extensions, I can set it so that any new window opens in a tab instead. Guarantees that, no matter what, I will only have one browser window open (unless I open another myself).

      --
      Repton.
      They say that only an experienced wizard can do the tengu shuffle.
  14. GM Keegan, is that you? by Fubar411 · · Score: 1, Funny

    See you at the reunion!

  15. Can someone tell me... by NewWaveNet · · Score: 4, Insightful

    ...if there are any movements underway to end this bullshit? There are always loads of stories on slashdot about patents gone awry, but I never hear of any groups working to destroy the current setup.

    Suggestions?

    1. Re:Can someone tell me... by saddino · · Score: 1

      No, but apparently there are movements underway by Slashdot editors to post stories about "patent" abuse that have nothing to do with patents.

    2. Re:Can someone tell me... by spellcheckur · · Score: 1
      Can someone justify the philosophical conflict I see permeating slashdot?

      Slashdot, as a whole, is outspoken on the subject of patents and intellectual property. The overwhelming voice claims IP laws are "corporate protectionism" and anti-competition.

      At the same time, the same voice cries out against moving labor offshore. Posters ask their governments for policies to protect their jobs, claiming that opening the labor force up to global competition isn't fair for domestic workers.

      It seems to me that the opposite sides to the same arguments are being used here:

      • Artificial barriers to competition are bad... except when they help me keep my job.
      • Whoever can produce a product most efficiently/cheaply deserves financial reward... except when my job can be done somewhere else.
      • I can build something better/cheaper than the company doing it now, so I should be allowed to... but if somebody else will do my job for cheaper, my company is wrong if they hire them.

      Look, I understand exercising a voice to protect one's own interests, but slashdot is filled with pages of people using the same high-minded philosophical arguments in two completely opposite directions. Rather than being hypocritical, if the true motivation is going to be "supporting best for me," can we at least be honest about it?

      I don't want to start a war here, but I'd love to hear a coherent argument from someone espousing both anti-globalization and anti-IP ideals that doesn't undermine their position on one with their position on the other.

  16. proprietary? by erikdotla · · Score: 2, Interesting

    I really can't understand this. Anyone who toyed with javascript and the DOMs years ago noticed that you could effectively do pop-unders with two lines of code:

    window.open('ad.htm','myAdWindowTitle');
    window .focus();

    Or something like that. Is "pop-under technology" really more complicated than that?

    --
    # Erik
    1. Re:proprietary? by temojen · · Score: 5, Insightful

      No, it's not much more complicated. It was, however AdvertizingBanners.com's business model when X10 hired them. X10 subsequently copied the code and stopped paying AdvertizingBanners.com. If X10.com had implemented pop-unders without a contract with AdvertizingBanners.com, or let the contract expire first, there probably wouldn't have been a lawsuit. (IANAL)

    2. Re:proprietary? by Anonymous Coward · · Score: 0

      > No, it's not much more complicated. It was, however AdvertizingBanners.com's business model when X10 hired them. X10 subsequently copied the code and stopped paying AdvertizingBanners.com. If X10.com had implemented pop-unders without a contract with AdvertizingBanners.com, or let the contract expire first, there probably wouldn't have been a lawsuit.

      This AdvertizingBanners.com message brought to you by SublimAds(TM), a new, proprietary technology from AdvertizingBanners.com. AdvertizingBanners.com.

    3. Re:proprietary? by temojen · · Score: 1

      Yeah, it's a stupid name for a company, but if I kept repeating "the plaintif this", "the defendant that", "the plaintif some other thing", people either wouldn't know who I was talking about, or would think I was either a lawyer or really pretentious.

    4. Re:proprietary? by temojen · · Score: 1

      good joke, though.

  17. Stop the knee-jerking towards..... by curtisk · · Score: 5, Insightful
    ....the brothers...X10 was one of their first clients and they tried to screw them out of money. Reading more than one source for news sometimes helps see the story a little better..

    http://www.cbsnews.com/stories/2003/10/20/tech/mai n578996.shtml

    *snip* One of their first big clients was X10, whose security-camera ads soon began appearing all over the Internet.

    "When we found out they weren't paying that bill, we were beyond distraught," recalled Chris Vanderhook. *snip*

    --

    Sehr geehrter Toilettenbenutzer!

    1. Re:Stop the knee-jerking towards..... by Neophytus · · Score: 1

      daddypants@slashdot just didn't want to know. I pointed it out as soon as the article went pink.

    2. Re:Stop the knee-jerking towards..... by devnullkac · · Score: 1

      Reading more than one source for news sometimes helps see the story a little better..
      Technically, they're the same news source: the Associated Press. One publication just elided less detail from the story.
      --
      What do you mean they cut the power? How can they cut the power, man? They're animals!
    3. Re:Stop the knee-jerking towards..... by Anonymous Coward · · Score: 0

      You are, of course, correct. All this knee jerk "These guys and their patents are the source of all evil" is completely misinformed.

      But what about "The technology/business model (pop-unders) that these guys sold to X10 is the source of all evil?"

  18. Actually... by FireBird615 · · Score: 4, Informative

    Actually, according to the CNN article, it wasn't a patent issue... The brothers in question were running an advertising company from their home, with whom X-10 contracted to do their advertising, and then X-10 refused to pay their bill. So, no patent issue involved, only a customer's failure to pay their bill for a service.

  19. Who is liable? Website, or ad provider? by blanks · · Score: 1

    If you own and operate a website that has banner advertisements, and the ad system uses pop unders. Who is liable? The Website provider, or the advertisement provider?

  20. The most annoying thing about pop-unders . . . by scarolan · · Score: 3, Insightful

    is that they take the focus off your current browser window. You'll be trying to type something into a form and halfway through what you're typing you lose focus and get cut off.

    Thank god for netscape/mozilla and now the Google Toolbar. I haven't seen a popup or popunder in months.

    1. Re:The most annoying thing about pop-unders . . . by slappyjack · · Score: 1

      The funny thing about that is it would take approximately two seconds to add some jacasvript to put the focus back to where it belongs.

      I'd be embarrassed to have it publically known I won money doing a weasely thing for a weasely company.

  21. Hmm.. by DrMorris · · Score: 2, Funny

    I just upgraded to X11 and all thos pop-unders are finally gone!

  22. Where I come from pop-unders are a bug by Stunning+Tard · · Score: 2, Funny

    I made pop-unders all the time when application programming. We called it a bug. Is that prior art?

  23. WTF by caffeineHacker · · Score: 2, Insightful

    2 Lines of JavaScript isn't a business model. Although I hate X10 I hope they get this idiocy appealed. If the brothers do win, I'm patenting displaying message boxes to notify users of stuff, and then suing everyone for 3 billion each. Except MS, whom I'd sue for 1 trillion dollars, since their software displays error message boxes every few seconds.

  24. We Need More Patent Insanity by Alethes · · Score: 1

    The more bad patent laws negatively affect business, the more likely patent law reform is to happen. Microsoft is already out $500 million because they wanted to use plugins, and now these guys are paying $4.3 million for this "innovation". Eventually, so many businesses are going to be screwed out of so many dollars, they will start to seek reform, and we'll all be better off.

    OK. I'm being just a tad optimistic, aren't I?

  25. Gotta love Google Toolbar! by bizitch · · Score: 0, Redundant

    Gee - I completely forgot about those pop-unders since I visited http://toolbar.google.com

    --
    ---- "Logoff! That cookie shit makes me nervous!" - A. Soprano
  26. 2 lines of javascript? by akabigbro · · Score: 1, Interesting

    It's amazing: 2 lines of javascript and you have a proceedure for a patent. Let's really get stupid and get it down to 1.

  27. I replied to that X10 ad... by gatkinso · · Score: 3, Funny

    ...and actually got a good deal. Lot's of stuff, neat, for a fair price.

    It is my secret shame - responding to a pop under (it was a popup at the time I seem to remember).

    --
    I am very small, utmostly microscopic.
    1. Re:I replied to that X10 ad... by denebeim · · Score: 1

      Actually, no you didn't. http://www.smarthome.com has better prices, better selection, and they don't spam or pop ads.

    2. Re:I replied to that X10 ad... by Anonymous Coward · · Score: 0

      Yeah, but did hot chicks undress in front of open windows for you? Without that, who wants the camera?

    3. Re:I replied to that X10 ad... by Anonymous Coward · · Score: 0

      ...and actually got a good deal. Lot's of stuff, neat, for a fair price.

      Their stuff isn't that bad (despite their loathsome advertising strategy). I bought one of their medical alert pendents for my father who was developing Parkinson's disease and a couple of X-10 modules for some lights. I couldn't find anyone else who carried both (and they were on sale too).

    4. Re:I replied to that X10 ad... by macemoneta · · Score: 1

      It depends... X10s list prices are higher, but when they put stuff on sale, it beats everyone.

      For example, I just picked up some wireless motion/light detectors from them. The X10 list price is $30 and the SmartHome list price is $20. But X10 had them on sale, and I got 6 for $60 ($10/ea). Since the order was over $50, they shipped it overnite Fedex for free.

      That's a damn good deal.

      --

      Can You Say Linux? I Knew That You Could.

    5. Re:I replied to that X10 ad... by gatkinso · · Score: 1

      For $79 I got:

      4 wireless motion sensors (one for outdoors)

      a wireless cam

      a little reciever that I could hook up to a capture card or my vcr

      some little control box that remotely controls my vcr either manually or with the motion sensors

      A capture card

      software

      All in all it was a great deal!

      No hot chick however - but I already have one of those.

      --
      I am very small, utmostly microscopic.
    6. Re:I replied to that X10 ad... by Anonymous Coward · · Score: 0

      It is my secret shame - responding to a pop under

      This is the devil. Hurry up and die, I'm expecting you.

    7. Re:I replied to that X10 ad... by mikeswi · · Score: 2, Insightful

      I replied to that X10 ad... and actually got a good deal. Lot's of stuff, neat, for a fair price.

      It is my secret shame - responding to a pop under (it was a popup at the time I seem to remember).

      "Spammers exist because people buy from them. It typically takes from 1,000 to 10,000 spams to make one sale. If you buy from a spammer, you are PERSONALLY responsible for the next 1,000 to 10,000 spams sent... Including the porn spam sent to your kids."

      I imagine the same goes for pop ads. I would like your address so I can break your legs on behalf of the 10,000 people who saw an X-10 pop under that you personally financed.

    8. Re:I replied to that X10 ad... by MurphyZero · · Score: 1
      Spammers exist because people buy from them. It typically takes from 1,000 to 10,000 spams to make one sale. If you buy from a spammer, you are PERSONALLY responsible for the next 1,000 to 10,000 spams sent... Including the porn spam sent to your kids." I imagine the same goes for pop ads. I would like your address so I can break your legs on behalf of the 10,000 people who saw an X-10 pop under that you personally financed.
      From my experience using IE, it was probably more like 100 people who each had to see 100 of those X-10 ads
      --
      Our founding fathers removed the guys in charge. Be American. Vote incumbents out.
    9. Re:I replied to that X10 ad... by gatkinso · · Score: 1

      You should be careful - you may be responding to a former Marine who keeps himself in shape and has a brown belt.

      In fact - you are responding to such a person.

      Fleet and Luzerne in Baltimore, Maryland. Post when you want to meet. I'll bring the plaster for the casts... but I don't think it is me that will be needing it.

      I'll use my X10 cam to record your trouncing for all to enjoy.

      --
      I am very small, utmostly microscopic.
  28. Hey X10 by Anonymous Coward · · Score: 0

    See what you've been missing!
    sorry, couldn't resisit.

  29. Re: you're asking waaaaayyyy too much by curtisk · · Score: 1
    What does this have to do with patents?

    you don't expect the editors to read the article do you?

    I'll second that *sigh*

    --

    Sehr geehrter Toilettenbenutzer!

  30. X10 stuff is expensive enough by donnyspi · · Score: 0

    I hope this lawsuit doesn't make the prices higher.

  31. mind-bending by SuperBanana · · Score: 3, Funny

    Patents bad...popunders bad...patent stops pop..unders...ehhhhhhhhH!

    [Head-explodes]

    1. Re:mind-bending by Ziviyr · · Score: 1

      I just have my browser ignore the "popunder bit" transmitted with the ad.

      Heck, I went the step further and denied unrequested windows. Getting half a million dollors taken from you under threat of retaliation of the US government urban military forces (the people with guns who write parking tickets for a living) is much harder to simply ignore.

      --

      Someone set us up the bomb, so shine we are!
  32. WTF do you mean WTF? by curtisk · · Score: 2, Informative
    X10 is all hot and bothered for Advertisement Banners.com's ad delivery product, goes into contract with Advertisement Banners.com...uses their product to death and then refuses to pay near $500,000 in bills.

    I don't see how the ruling in the brothers favor is idiocy. The only idiocy is in X10's IT staff who couldn't hack up their own.

    --

    Sehr geehrter Toilettenbenutzer!

    1. Re:WTF do you mean WTF? by Anonymous Coward · · Score: 0

      The idiocy is the fact that this can be considered a business model. The article says that they only failed to pay $564,000 dollars...the lawsuit should have been for that. But they also say that the brothers sued for damages resulting from X10 stealing their business model, which I'm assuming is where the part of other 3.5 mil of their lawsuit comes into play. So by that token if I say that 'pictures promoting my product' are part of my business model I can sue people who use 'pictures promoting their products' for stealing my business model. X10 deserved to lose, but just for stealing the software to add the 2 lines of Javascript and not for using the 2 lines of Javascript.

    2. Re:WTF do you mean WTF? by Anonymous Coward · · Score: 0

      Wrong. If the worst I can expect by not paying my bills is to be forced to pay my bill, that isn't much incentive to do so. There has to be some cost above that for not doing what you said you would.

  33. Definitely Bad by jetkust · · Score: 1, Offtopic

    All this will do is send a message that worthless patents are both acceptable and profitable.

    1. Re:Definitely Bad by Anonymous Coward · · Score: 0

      All this will do is send a message that worthless patents are both acceptable and profitable.

      No, all it will do is send a message that not reading the article and posting a comment will confirm that you're an idiot.

  34. Re:Gotta love Opera by Anonymous Coward · · Score: 0

    I'm a Opera user myself, and I also forgot about those "pop-wherever ads" a long time ago. With options such as Firebird (0.7 is quite nice) and Opera (v7 rocks), I still wonder why people stick with MSIE (especially seeing how NON-compliant it is with standards).

    And to think some websites are stupid enough to have a blank page that tries to pop-up a custom-sized window so they can display their website inside of it... How dumb is that?

  35. Umm by TheSpoom · · Score: 5, Insightful
    As mentioned above, this story isn't about patents. According to the story, X10 was previously paying commissions to the brothers, and stopped.

    Exactly why isn't it reasonable for them to sue for the money that their contract says they should receive? And where in the article does it mention patents at all?

    If there are patents involved here somewhere, then fine, but if there aren't, I wonder whether the Slashdot editors actually took the time to do some research on this matter before making some off the cuff remark about patents simply because it makes more people want to reply angrily.

    It doesn't help much if we start calling EVERYTHING a patent issue.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  36. The Enemy of My Enemy is ... To be Wary Of by tdunn · · Score: 1

    I use Mozilla... what's a pop-under?

    Seriously, just because a poorly realized precedent is used against an unpopular target in no way changes the fact that the precedent is still a Bad Idea(tm). Yes, I too am glad to see X10 get smacked down, for a variety of reasons, but I see no long-term good out of this. I wish the article itself was more detailed, however.

  37. Oh glory day! by activesynapsis · · Score: 1

    I was having a very bad day, until I read this headline. Now I'm floating on air! I hate X10 with a passion, and it's all due to the popups. But if they're going to be pushed from pop-ups, where else are they going to advertise? "Bulk Internet Marketing Email"? It's a lot easier to shut off popups.

  38. Note: This WAS a patent issue! by swordgeek · · Score: 4, Interesting

    There are many people here who are pointing out that this was a nonpayment/contractual violation issue, rather than a patent issue. Read more of the articles, and you'll find that it was both.

    a) x10 reneged on their contract, and owed $564,000. That's pretty clear, and should be remedied.

    b) x10 also "stole their technology and business model," and started using it on their own. This was also part of the lawsuit, and deserves to be laughed out of court.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    1. Re:Note: This WAS a patent issue! by HardCase · · Score: 1
      There are many people here who are pointing out that this was a nonpayment/contractual violation issue, rather than a patent issue. Read more of the articles, and you'll find that it was both.


      Patents? Patents? They got no stinkin' patents...they don't have to show you no stinkin' patents!


      Nobody had patents on anything. Those "many people" are exactly right. A business model does not a patent make.


      -h-

  39. Sniffer instead of browser by apoplectic · · Score: 0

    I'm waiting for someone to patent the display of browser images and information through a video device. So, since the visual medium will be shot, let's use the ol' nostrils instead and convert our browsers to sniffers. Packet sniffers would be oh, so much fun! Something akin to sewage I suspect....

  40. You Can patent One Line of Code? by supersmike · · Score: 2, Interesting
    window.opener.focus()

    Holy #$%! Let's get to it!

  41. No this is not what it's for by sterno · · Score: 5, Insightful

    This is not what patents are for. Patents, much like copyrights were created to provide a cost justification for innovating. If I'm going to spend a million dollars to research a new drug therapy, and somebody else can duplicate my work for free, why would I spend the million dollars?

    Now the theory I'm espousing here is not a matter of written law, but I think it was presumed in the original concept of patents that it took a certain amount of effort and resource to invent something that could be patented. If it takes near zero effort, then you lose nothing when everybody else duplicates your work.

    Patents were created as a way to encourage innovation and that is precisely the opposite of what it is accomplishing in situations like this. Do you think, for one moment, that the pop under ad would never have been invented if it wasn't for patent protection?

    Personally I'd be content to never see another pop-up or pop-under ad ever again, but this is just an abuse of the system.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:No this is not what it's for by ratamacue · · Score: 1
      If I'm going to spend a million dollars to research a new drug therapy, and somebody else can duplicate my work for free, why would I spend the million dollars?

      Simple: for the publicity, reputation, marketing and/or production advantages of being first to market. Of course, the advantages of being first to market would be worth a lot more in the absence of IP law. Perhaps the "problem" (lack of incentive to innovate) wasn't really a problem in the first place?

    2. Re:No this is not what it's for by geoffspear · · Score: 1

      Being first to market isn't such a big advantage when your competitors can offer your product at a lower price because they don't have to make up for the cost of research. Very few people are going to buy a more expensive product when they can get an identical product for less money.

      --
      Don't blame me; I'm never given mod points.
    3. Re:No this is not what it's for by alexq · · Score: 2, Interesting
      It's true that patents should be used for things that require a good deal of work - but how about those things that require a good deal of lucky innovation or genius? and how would you measure that?

      The zipper probably did not require a lot of work to be invented - at least I don't envision a hundred different proto-zippers - but that doesn't mean that it shouldn't be allowed to be patented.

      disclaimer: zipper != pop-unders.

    4. Re:No this is not what it's for by Micah · · Score: 1

      That doesn't quite cut it. If you're first to market, and someone else can offer the same service for 25% cheaper in two months, in a capitalistic society people will buy from the latter.

      Face it, patents are valid on some things. But they should be limited to things that really DO take a lot of research to invent. And yeah, that even could potentially include software stuff. Much as it sucked, RSA was probably a valid patent. Thank goodness it's expired though. :)

    5. Re:No this is not what it's for by Saeger · · Score: 1
      If it takes near zero effort, then you lose nothing when everybody else duplicates your work.

      Yes you do. You lose the opportunity to game the system and get "money for nothing" - something a lot of powerful people feel entitled to.

      Of course, the big picture view is that the planet as a whole is the net loser when lengthy, unworthy monopolys are handed out, but nobody will admit to caring about the "greater good" anymore (sounds too much like communism).

      --

      --
      Power to the Peaceful
    6. Re:No this is not what it's for by sterno · · Score: 2, Insightful

      I guess the question that needs to be answered in my mind is this:

      If it weren't for patents would the zipper have never been invented?

      I tend to think that it would have been invented, or something similar to it, given the need for such a device, regardless of its patentability.

      --
      This sig has been temporarily disconnected or is no longer in service
    7. Re:No this is not what it's for by alexq · · Score: 1
      well, yes... but there is a much stronger motivation to invent the zipper if you think you'll be rewarded for it. and imagine if you invented the zipper and someone else came along and started selling them. whether that's fair or not is debatable and perhaps a major issue regarding patents.

      but maybe that's not the issue at hand..?

    8. Re:No this is not what it's for by Sivaram_Velauthapill · · Score: 0, Flamebait

      I'm not a capitalist so I don't even know if I should be commenting on IP issues which are a manifestation of capitalism...but anyway...

      Original poster: Of course, the advantages of being first to market would be worth a lot more in the absence of IP law.

      I don't know what the original poster meant by that. I would imagine that the advantages will be the same as with IP law. IP law should not impact that. Anyway...

      If you're first to market, and someone else can offer the same service for 25% cheaper in two months, in a capitalistic society people will buy from the latter.

      I don't know where you get the 25% figure from. Is that the cost needed by the original company to recoup investment? In any case, the first company to sell the product will have an advantage. I guess the two main ones are: knowledge, and economies of scale. The economies of scale argument is obvious: if you managed to produce say 10,000 units when your competitor is starting off with 0, your costs should be lower. The second reason is knowledge. What I mean here is that company that invented the product SHOULD know more about the technology and science behind it.

      And yeah, that even could potentially include software stuff. Much as it sucked, RSA was probably a valid patent. Thank goodness it's expired though. :)

      You are being hypocritical there. If RSA patent is valid then why are you happy that it expired? I don't think RSA is a big mega corporation with tons of profits. One can argue that, if you believe in patents, RSA should own the patent for say the next 50 years.

      Ultimately, IP law basicaly boils down to the classic conflict in capitalism. Namely, the conflict between consumers and businesses. Consumers want perfect competition while businesses want to create a monopoly. Businesses like IP law because it is used to create a monopoly (businesses call it "barrier to entry") while consumers don't like it.

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
    9. Re:No this is not what it's for by Anonymous Coward · · Score: 0

      In any case, the first company to sell the product will have an advantage. I guess the two main ones are: knowledge, and economies of scale. The economies of scale argument is obvious: if you managed to produce say 10,000 units when your competitor is starting off with 0, your costs should be lower.

      Neither of these will give the first-to-market anything more than a transient advantage. Sure, if SirvamCo has a factory today capable of producing widgets, then it's going to be hard for AC-Co, without any means of production, to outcompete. However, AC-Co can build a factory in months if not weeks capable of making identical widgets (heck, I could even create molds from SirvamCo's own parts). If we can both build identical factories, then you don't get any advantage for having built one first. (If I'm smart, I can even use the same contractors you used, so they won't make the expensive mistakes they made building SirvamCos factory when they build AC-Co's, and I may actually get your exact factory for less than you paid). You may get a head start, but my production costs will be at worst identical.

      Knowledge is really not all that important if you're just planning on making knockoffs. Reverse engineering physical objects isn't hard and it is a lot cheaper than creating the design from nothing. The knowledge has no value to the consumer, so SirvamCo has to spend a lot of money to create this knowledge for their own internal benefit. AC-Co, on the other hand, can just digitize already existing parts, not waste a lot of money generating all this fancy "knowledge" stuff, and still make identical products.

      I'm not completely discounting the value of "knowledge." It does, for example, mean that the creator company will be in a better position to improve its technology, but if the consumers learn an identical knockoff will come out a month later at half the price, there aren't a lot of people going to be paying the research premium.

    10. Re:No this is not what it's for by Micah · · Score: 1

      > I don't know where you get the 25% figure from.

      Pulled it out of my arse. It's estimated, but real. A company that doesn't have to spend $$$ on R&D will be able to sell for less.

      > If RSA patent is valid then why are you happy that it expired?

      Because they had 17(?) years to capitalize on monopolizing it. That's enough, and IMHO too long. Seems like patent time should be 10 years MAX, especially in fast moving industries like I.T.

    11. Re:No this is not what it's for by Sivaram_Velauthapill · · Score: 1

      How does patents or intellectual property laws change anything? One can STILL carry out the same things as your argument puts forth. For example, even if IP laws were granted, what's to stop someone from knocking off a "cheap-copy" of that? Nothing! Even things that are heavily protected by IP laws (such as semiconductor technology eg. microprocessors) can be copied (eg. many companies spend millions of dollars studying, reverse engineering, etc their competitor products).

      The only way your arguments may mean anything is if...IP laws protect something for "infinite" period of time (or something really high) AND/OR IP laws protect not only a particular product but also its derivatives. I'm not sure if you support such proposals...

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
    12. Re:No this is not what it's for by Sivaram_Velauthapill · · Score: 1

      Pulled it out of my arse. It's estimated, but real. A company that doesn't have to spend $$$ on R&D will be able to sell for less.

      I wasn't questioning your number (I knew you were just estimating). Instead, I was questioning what the number was for (I guess it turns out to be R&D, which I thought it was). I have no problems with your numbers--that's cool for the sake of argument :)

      Because they had 17(?) years to capitalize on monopolizing it. That's enough, and IMHO too long. Seems like patent time should be 10 years MAX, especially in fast moving industries like I.T.

      What's your criteria for the length of time? I was speaking in general but I guess you are talking about the tech industry only. What would you say is a good time period for say biology or medicine?

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
    13. Re:No this is not what it's for by Micah · · Score: 1

      > What would you say is a good time period for say biology or medicine?

      I dunno, that's really up for debate. But I think we SHOULD have that debate as a society. It would be worthwhile to re-think this stuff.

      Seems like 10 years is a pretty good number for just about anything.

    14. Re:No this is not what it's for by Anonymous Coward · · Score: 0

      If I'm going to spend a million dollars to research a new drug therapy, and somebody else can duplicate my work for free, why would I spend the million dollars?

      Actually this is not quite how innovation in the pharmaceutical industry works.

      Most of the research leading to new drug therapies is done in universities, not by the drug companies.
      The main cost in bringing a new drug to market, though, is going through the regulatory approval process (large clinical trials etc) imposed by governments, and this is done by the drug companies. They need patent protection to recoup these costs. The patent system is inappropriate because (1) it's being used to compensate for regulatory costs, not innovation, (2) the payoff period is effectively reduced by the time taken in the regulatory process (if the patent life is 14 years and it takes 10 years to get FDA approval, the company has only 4 years left to make its profits - the company has little control over the FDA process).

      The drug companies accept this situation because it reduces competition - costs of getting FDA approval are a barrier to new companies and to genuine innovation.

    15. Re:No this is not what it's for by AWxSlashdot · · Score: 1

      I don't really agree. Patents are originally for the following purpose : public domain. You have a process. If you describe exactly how to perform (and repeat) it (in a patent filing), then US grant you exclusive use for a specific amount of time. So you can make money while global knownledge increase. Many companies do not patent some part of their technology because once it's filed, anyone can see it (like PS3 architecture guessed from Sony 'Cell Processing' patent, or NVidia GeForceFX architecture reversed engineered from their 'CineFX' patent). AWx

    16. Re:No this is not what it's for by mpe · · Score: 1

      If I'm going to spend a million dollars to research a new drug therapy, and somebody else can duplicate my work for free, why would I spend the million dollars?

      Just because you might have spent a million dollers does not mean that whatever you did is actually worth a million dollers.
      Drugs are something of a special case since manufacturing is always cheap, but clinical trials to prove both that a drug is effective and safe are time consuming and expensive.

      Now the theory I'm espousing here is not a matter of written law, but I think it was presumed in the original concept of patents that it took a certain amount of effort and resource to invent something that could be patented.

      There is no obvious relationship between "innovation" and "effort and resources".

      If it takes near zero effort, then you lose nothing when everybody else duplicates your work.

      On top of everthing how do you measure "effort"?

    17. Re:No this is not what it's for by mpe · · Score: 1

      well, yes... but there is a much stronger motivation to invent the zipper if you think you'll be rewarded for it.

      This isn't such a simple situation. Throughout human history people have invented and created things without considering the possibility of making money off them.

    18. Re:No this is not what it's for by alexq · · Score: 1
      absolutely... it all depends on what kind of society it is (free market vs commune), what kinds of people populate it, etc etc...

      but then, that's my point too, that it isn't such a simple situation in either direction. :)

    19. Re:No this is not what it's for by Anonymous Coward · · Score: 0

      I wasn't going to take part in this discussion, but as I can't mod you as "stupid", there's no reason to refrain any more.

    20. Re:No this is not what it's for by Anonymous Coward · · Score: 0

      Seems like 10 years is a pretty good number for just about anything.
      That's how long you've been without a shag, right?

  42. My wife teacher at kids high school during events by gsfprez · · Score: 1

    this was not a patent issue. This was a contract dispute. Period.

    X10 paid them to do some work. They did the work - regardless of how easy the work was, they had a contract to do it...

    The problem was, X-10 signed a contract before they researched what they were buying. When they found out "doh, this is easy" they reniged on the contract and started doing it themselves.

    This is no different than signing a contract for some MSCE loser to admin your windows servers for a year to find out that if you install a Mac OS X box, you can do it all yourself with great ease. That does not remove your contractual responsibilities - and you owe that pimple faced moron his $$$.

    Now, on that note, i think that any future revenues from pop-under ads shouldn't go their way - because that WOULD be some kind of lame-ass software patent issue.

    I feel for the kids because their mom died and all.. and becuase i get the feeling that they think they should get paid for any pop-under ad.

    BUT

    they DO need to learn that they must continue to "innovate" in order to keep making money - their pop-under ad thing was a one time deal and is done and over.

    They are smart, they will learn that, and move on.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
  43. I feel the need to disagree... by pr0ntab · · Score: 4, Insightful

    The process of opening a window in javascript gives you two distinct ways to make that window behind everything else, a (large) negative z-index, or by sending it to the back directly.

    These event handlers and interpretations of parameters were programmed in specifically, they are not an artifact of some grander scheme or natural phenomena. Clearly, the designers had the idea of a window opening up behind it in mind at the time the language specification was designed.

    I have a hard time believing you can patent the idea of putting an ad onto an existing media and calling that a business process.

    Could I patent selling and printing ads in the background pattern of dixie cups and disposable paper plates?

    That's what I see in this situation. Maybe you CAN do that, in which case (throws hands up).

    --
    Fuck Beta. Fuck Dice
    1. Re:I feel the need to disagree... by dukerobillard · · Score: 1
      Could I patent selling and printing ads in the background pattern of dixie cups and disposable paper plates?

      Wow, that's a f-ing great idea! Get my patent attorney on the phone!

    2. Re:I feel the need to disagree... by oni · · Score: 1

      These event handlers and interpretations of parameters were programmed in specifically, they are not an artifact of some grander scheme or natural phenomena. Clearly, the designers had the idea of a window opening up behind it in mind at the time the language specification was designed.

      Yep. you just nailed it. These guys patented the use of a javascript function that some other programmer actually wrote. I'm shocked that the X-10 lawyers couldn't win this case. All they had to do was print that function on a large board and set it up in front of the court.

      X10 lawyer: "can you tell the court when you invented this function?"
      Lawsuit Guy: uh, well I didn't invent it, it's just part of javascript, but...
      X10 lawyer: I see. Well, then you have used it in an inovative way? You've used it for something that no one else has?
      Lawsuit Guy: I used it to make a window go behind another window
      X10 lawyer: What's the purpose of the function?
      Lawsuit Guy: To make a window go behind another window
      X10 lawyer: So you used a function that someone else wrote - and you used it for the exact purpose it was written for?
      Lawsuit Guy: uh, yeah.
      X10 lawyer: and then you got a patent for that?
      Lawsuit Guy: uh, yeah.

    3. Re:I feel the need to disagree... by mysticalreaper · · Score: 1

      I think the reason for the outcome here is not that the patent is ridiculous, but that it's valid. See, if you were arguing the validity of the original patent, then your lawyer-to-lawyer dialog makes sense, you're trying to show that the patent is invalid. However, in this case, it appears the patent was ASSUMED to be valid, and the court case was to decide whether or not X10 was violating the patent, which they in fact were.

      So what i'm saying is that whether or not this is an idea that should be patentable is a seperate argument from whether or not X10 violated the issued patent.

      X10 *DID* violate the patent, but the patent should never have been granted in the first place. This shows that software patents are stupid, and that the USPO process is severely broken.

  44. All well and good but.. by respite · · Score: 1

    when do I get repayed for my damages? I'm the one that had to endure those things for the longest time, and still do when I use the computer labs' XP machines.

    Horray for the lizard!

  45. Pop unders? by ratfynk · · Score: 1

    A father that likes to be on the bottom?
    An Australian soft drink consortium?
    Oh. I love Mozilla..... of course keeping coding ahead of the junk adds on the internet, requires all of us. What we need to do is dump MS VB and C# inet script coding and widgets once and for all. Afterall they are responsible for atleast 90% of the security and junk mail problems.

    --
    OH THE SHAME I fell off the wagon and use sigs again!
  46. Re:Informative?! by Anonymous Coward · · Score: 0
    Mod this bullshit down. Not only did he not RTFA, he didn't even RTF write-up. "*sigh* Typical...."

    This is a troll.

    THAT is a troll

  47. I patented <html><head> by mattbot+5000 · · Score: 2, Funny

    You guys owe me a LOT of cash.

  48. Re:Now How Are They Going To Pay For All Of Those. by sreid · · Score: 1

    is it not great to be able to zoom-in?

  49. doesn't look like a patent lawsuit by penguin7of9 · · Score: 1

    From the brief article, it sounds like this lawsuit was about business practices and unfair competition, not patents. Does anybody have more information?

  50. Me to Slashdot: Join Reality by the_mad_poster · · Score: 2, Interesting

    Funny how the rotation of the spin on a story reverses depending on where it's posted...

    I read about this about a week ago on Yahoo.com's WML news site on my cell phone. It was an AP story, I believe, and they presented it basically as these 3 brothers battling out the big evil X10 corp that didn't pay its bills and tried to take advantage of these poor, young kids. Yay for the brothers!

    You hit Slashdot and just because it involves "patents" (a 4 letter word as far as many here are concerned, no matter what the context) the spin is that it's this big evil patent abuse and oooohhh run and hide and put your tail between your legs and oh-no-tinfoil-hat-syndrome all over. Oh no! The brothers are evil! Boo!

    Give it a rest, already... technology that's only "obvious" after you've already seen it once isn't really "obvious". I hate stupid patents too, but if you look at the facts of the case instead of just saying "oh no - patents - automatic sheep mode on!" you'll realize it was a fair and square fight and a good decision by the court. Get a grip, already.

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    1. Re:Me to Slashdot: Join Reality by Anonymous Coward · · Score: 0

      someone mod parent troll please!!!!!!

  51. How about a GPL Patent org? by anagama · · Score: 1


    Everytime patents come up here, I wonder why the EFF or similar doesn't start patenting things. It would be nice if a public service organization could patent something like "selling stuff" and then license the technology to anyone who agrees to let others use derivative works stemming from that tech. You know, like GPL but for patent licenses.

    --
    What changed under Obama? Nothing Good
  52. Easier on the surfer by AzureLunatic · · Score: 1
    I prefer things that pop under to pop over, if things must pop at all.

    Pop-unders, I can deal with when I get around to them. I don't have to close each one before I can read the content on the page.

    The pop-up ads that get right in my way and open 10,000,000 windows on top of mine, I get peeved with, because then I have to stop reading what I'm reading to get them to leave.

    On the other hand, when my reaction time is really fast and the pop-unders are being slow to pop under, and I catch them while they're just headed below the window I'm interested in, occasionally they disappear right while I'm about to whack the close button in the corner, and I wind up closing the wrong thing. You can imagine how annoyed I get.

    Overall, I prefer the Google toolbar, which blocks the stupid things so I never have to see them.

    1. Re:Easier on the surfer by k12linux · · Score: 1

      If they want to make things easier on the surfer they could do away with pop-whatever ads altogether. Then again, I use Mozilla so I really don't have a problem with pop ads. I haven't seen a pop-anything ad in the past 6 months.

  53. Re:Note: This WAS NOT a patent issue! by saddino · · Score: 2, Informative

    b) x10 also "stole their technology and business model," and started using it on their own. This was also part of the lawsuit, and deserves to be laughed out of court.

    And how is this a patent issue?

    Tell you what: why don't you go ahead reference the patent in question at the USPTO site...oh, you can't you say? Is it perhaps because there is no patent in question?

    Granted, there is a valid debate on the merits of this so-called "proprietary" technology, but this has nothing to do with patents.

  54. x10 standard by Stevyn · · Score: 1

    actually, this whole X10 stuff has been around for a while. I've seen it in all sorts of home automation gadgets. I don't know if it's a specific standard, or just a collection of shared information, but I know I've seen them in radioshack long before those damn pop-up and pop-under ads drove me insane with frustration.

  55. Re:WTF(my idiocy patent idea, you can mod me down) by Maxhrk · · Score: 0

    I should patent 'microsoft's bug' innovation, then i will sue microsoft every time bug is spotted. Hey, Microsoft, be prepared to pay up!

  56. I use Mozilla... by mblase · · Score: 1

    ...and it's auto-popup blocking is destroying the brothers' business model. Destroying it! I haven't seen a pop-under ad in almost a year!

    I feel for their case, and dislike X10's business ethics, but let's face it: we all hate internet advertising and anyone who profits from it. The pot's calling the kettle black as far as I'm concerned.

  57. Re:Gotta love SBC by DJ+Spencer · · Score: 1
    If SBC did anything useful, it was creating their browser with a built-in popup blocker.

    Now the only problem is that I can't get certain programs to realize that's my default browser!

    --
    "Now you see that evil will always triumph, because good is dumb."

  58. huh? by SubtleNuance · · Score: 1

    So, now, employing an element of window.create(minimize,settoback) or somesuch is a patent?

    How did they patent the use of a MS api?

    1. Re:huh? by saddino · · Score: 1

      How did they patent the use of a MS api?

      They didn't. There is no patent.

  59. you mean I could be making millions by butane_bob2003 · · Score: 1

    on 2 lines of java script code? Where do I sign up? I can think of a million annoying things to do with a few lines of java script. And here i've been writing thousands of lines of code for $120 per day. Can I claim ownership of the idea of flashing banners?

    --


    TallGreen CMS hosting
    1. Re:you mean I could be making millions by Anonymous Coward · · Score: 0

      And here i've been writing thousands of lines of code for $120 per day.

      You are severely underpaid.

    2. Re:you mean I could be making millions by butane_bob2003 · · Score: 1

      90% of those lines are comments and whitespace. Let me clarify my prev. post a bit, I am paid about $120 per day and have written thousands of lines of code without any sight of 4.3 million dollars. Thankfully I'm not writing thousands of lines per day, on a good day a thousand lines would be a whole lot for me, especially in an OO language. I like to space out for 2-3 hours a day and post meaninless, redundant comments on slashdot for my own amusement. And yes, I am horribly underpaid. The folks upstairs are aware, I'm sure. They like to use the excuse that the 'economy' is not so 'good' these days and that there are many folks out there not working at all. Mmm Hmm. Meanwhile they have just posted their best quarter ever and spend most of their time flying around in company jets and improving their golf game... All I have to say is 'shoulder launched surface to air missiles'. Oo, probably can't say that.

      --


      TallGreen CMS hosting
  60. Headline wrong per usual slashdot practice by endoboy · · Score: 1

    the headline says "X10 pays..."

    the story says "brothers were awarded damages of.."

    a subtle yet important semantic difference... nobody's cashing any checks just yet.

  61. New patents that we should file by Dan+Ferguson · · Score: 1

    Ok, All of this talk about patents is wearing heavily. We are pretty screwed up in that respect.

    I think it's time for someone to put this mess in perspective for the rest of the world.

    Someone already patented one-click purchasing, so why don't we patent 2-99 click purchasing? Thereby forcing all Internet purchases to use 100+ clicks or pay the patent holder money. Once this case came up in dispute maybe the regular public would understand how STUPID our patent office/laws really are.

    This is the kind of stupid thing that people would understand and it could case laws to get changed.

    It's sad that we have to keep such a close eye on our government just to make sure they don't screw US.

  62. Re:you could be making millions by JVert · · Score: 1

    No kidding, over a thousand lines of code per day?

    Incredible.

  63. You are missing the point by KlomDark · · Score: 1

    The point is that Mozilla and Firebird come with that functionality BUILT-IN... You don't have to add some untrusted third-party plug-in just to block pop-ups, like you have to with IE...

  64. Wrong business plan by Peldor · · Score: 0

    All X10.com had to do was say is once their camera software was installed it would stop X10 pop-unders!

  65. I think it's time... by Anonymous Coward · · Score: 0

    ...to replace X10 because of its slow speed and bloated archi... oh wait...

    never mind.

  66. So you're saying... by entrigant · · Score: 1

    ... that having the ad not steal focus from the top level window instead of the other way around is not obvious? That's like saying serving coffee chilled when it's hot outside instead of hot isn't obvious. Don't even get me started on calling such an "innovative technique" a business model. Perhaps you are right about some of the patents slashdot has focused on, but not admitting that there is a problem when some guy can say "can you see the difference? I only clicked ONE time! Now gimme patent." and actually get it tells me perhaps you don't fully understand what is happening in the patent office lately.

    If I were you and wanted to waste my time griping to a biased news site I'd gripe about how frivilous patents are old news, and that it has always been the role of the courts to overturn them. Something along those lines at least...

    (Disclaimer: For christs sake it's slashdot, I don't give a shit about my spelling or grammer.)

    1. Re:So you're saying... by the_mad_poster · · Score: 2, Insightful

      Actually, what I'm saying is:

      1) The terribly witty "Haha. Patents are funny." and the fact that it was submitted as a Patent topic is evidence that Slashdot isn't just biased, it's full of idiots. The issue doesn't even involve patents, though the story that's linked is less a story, more a soundbite and doesn't really explain what happened very well. The REAL issue is simply that X10 didn't pay their bills because they thought that they could take advantage of a bunch of punk kids and get some free work. Oops - guess not.

      2) If you didn't think to hide the popup windows behind the browser, don't gripe because someone else did several years ago. Besides, stupid patent or not, it's a moot point because the terminology used was "propietary technology", not "patented technology". How JavaScript on the client side can really be made proprietary is beyond me, but whatever - that's an entirely different story.

      On a similar note: everyone freaked when Microsoft patented that crap about customized pages on a network, but few understood what really happened or even thought about it first. When the patent was actually filed in 1996, the idea was reasonably unused. Just because it's commonplace today doesn't mean it was then. Beyond that, the document clearly made a bunch of "fodder" claims that noone in their right mind would ever attempt to defend before getting to the meat of the patent where some very precise, legitimate claims are made.

      If the average Slashdotter would apply even 5 freaking seconds of critical thinking AND read the goddamn articles before they commented, there'd be half as many dumbass comments because the knee jerk tinfoilers wouldn't always be screaming about things they don't understand. On the -1 side you have trolls and people with unpopular opinions. On the +5 side you just have idiots with popular opinions but no merit to back them up. Hell, they usually don't even understand where the opinions originally came from or what they're about. What's the difference between the trolls and the idiots? Not much, says I, except that the trolls are smart enough to know they're just causing trouble.

      I have my share of biases too (being anti-Microsoft is one of my favorites), but at least I don't try to pass them off as a legitimate understanding of complex issues just because the people with mod points think that any formulaic response deserves to be modded to +5.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  67. OurProductsSuck.com by DulcetTone · · Score: 1

    Oh, to have billions so I might buy up odious tech patents and then sue the bejeezus out of anyone who employs the abusive ideas they protect!

    --
    tone
  68. Totally ironic.... by penguinrenegade · · Score: 1

    When I read the article - there was a popunder!!!

  69. funny but wrong by Anonymous Coward · · Score: 0

    Patent cases do not get appealed along normal federal appeals route.

    All patent cases (some exceptions where original controversy not related to patent law) get appealed directly to the Federal Court of Appeals in D.C.

  70. Credit due by BigRedFish · · Score: 1

    shouldn't the coders/organization behind JavaScript (Netscape) get the credit [for popup/under scripting abiity]

    If by 'credit' you mean 'good swift kick in the ass,' then yes. I didn't like it when Netscape added this misfeature, and after all this time, I'm still trying to think of a legitimate reason to pop up a window except as an immediate direct response to user input. And I'm still coming up blank.

    1. Re:Credit due by Gaijin42 · · Score: 1

      web applications use this kind of thing quite often, for error messages, dialog boxes, alerts, etc.

      These things have logic behind them, database lookups etc, and the pop up might be conditional (only at a certain time, only if an error etc) and therefore the action needs to be kicked off via code.

      Also, you might want to do other actions at the same time as you are opening a window, even if it is something like a link click (submit a form, refresh the page, do some JS validation logic etc)

      All these require the ability to pop open an window, and manipulate how that window is displayed.

  71. Re:Note: This WAS NOT a patent issue! by swordgeek · · Score: 1

    Shit shit shit shit shit!

    My brain was non-functional this morning. You're exactly right.

    It was a non-payment issue and also a claim of thievery, but you're right--no patent, no patent violation, nada. Since this is a technology that's in the public eye (albeit behind other windows), it's also not something that could be held as a trade secret.

    Time to go back to sleep.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  72. Now let's all sue the brothers by reboot246 · · Score: 1

    for coming up with such an annoying method of advertising.

  73. X10? by batkins · · Score: 1

    X10? Come on, everyone's using X11 nowadays.

  74. Now we know... by Anonymous Coward · · Score: 0

    Now we know who owns this ahem... technology, lets track down these mo.. I mean brothers and show them our appreciation.

  75. What patent? They got sued for competing. BAD!! by Anonymous Coward · · Score: 0

    This is out of hand. Can someone say..."free enterprise"?

  76. Even IE by HermesHuang · · Score: 1

    And even if you do use IE, the google toolbar will defeat the popups for you. There really is no reason to be seeing popups if you don't want to anymore.

  77. future IP "dot com" boom?? by Sivaram_Velauthapill · · Score: 0, Flamebait

    I predict that the future will entail companies simply registering or applying for a endless amount of patents and then farm it off. This will be similar to the dot-com rush where companies registered an endless amount of '.com' web domains simply to sell it off...Let's see if I'm right...

    Sivaram Velauthapillai

    --
    Sivaram Velauthapillai
    Seeking the meaning of life... @slashdot of all places ;)
  78. what the hell... by Anonymous Coward · · Score: 0

    Is a pop-Under? is that like getting a stiffy?

    huh..... i just got a pop-under.

  79. Solutions to ads? by casuist99 · · Score: 1

    I see so many people have posted about their popup-blocking experiences with two superb pieces of software: Mozilla Firebird and the Google Toolbar. Wonderful. It's great to see people using quality, useful software. Admittedly, the Google toolbar is in much wider general circulation than Mozilla Firebird, but this is a welcome trend nonetheless.

    My question to you is this. Is ending popups a solution to anything? Everywhere we look, we see ads. I can't go to the john at a club without seeing ads posted over the urinals. In Tucson and many other cities, our public buses have giant printed ads covering their entire exterior. The internet is clearly no exception to the growing trend of in-your-face advertisement. Popups and site-ads are simply much cheaper to implement than print ads. Like it or not, internet advertising isn't going anywhere anytime soon.

    And even if we don't click on the ad, in the real world we can't click on buses or the ads over urinals. The real goal of advertising is to change our attitudes about a product. Simply put, internet ads do that just fine. In fact, compared to print advertisement, internet advertisement may see increased success in the future. Targeted advertisements are much more interesting to me than general ads. Check the top inch of slashdot.org. See the ad? It's probably something that COULD be of interest to us as geeky, nerdy, techy, slashdot readers. And of course, that's the goal of advertisement. You've had your awareness about the company or product raised and you might even have imperceptibly changed your attitude about the company or product.

    I know that pop-under ads were annoying, and thank goodness we've figured out how to deal with them, but ads have value in our society and I think in a discussion such as this, we need to acknowledge that fact. If I have a choice between static print ads and targeted internet ads, I choose the latter. As long as privacy is maintained, targeted ads simply have more value to me. They also have more value to the advertiser. Innovations will come and go, but advertisement is here to stay.

    Now if someone could just figure out how to block those annoying Shockwave Flash ads that make noise and flash or scroll across the screen...

  80. Re:I patented by Anonymous Coward · · Score: 0

    You want any cash from us, you're gonna have to give a lot more than that.

  81. California brothels? by Anonymous Coward · · Score: 0

    "California brothers win $4.3 million award against X10."

    I swear, at first I read this as "California brothels..."

    I guess if you work in a brothel, pop-unders mean something entirely different.

  82. Uuggggh -- I dislike both sides by netglen · · Score: 1

    Uggggghh! I dislike both sides of the lawsuit. It's always bad when a company adopts an idea and refuses to pay a royalty. But I really hate the fact that those kids received an award for that lame idea.

  83. Is this a Patent or Contract Dispute case? by KJACK98 · · Score: 1

    Look for X10 in this article http://groups.yahoo.com/group/jenett-news/message/ 222?source=1 It seems at one time, this AdvertisingBanners company was actually distributing their Ads, and if you read in that url, it also mentions that pop-unders where initially done by the online porn industry... The SeattleTimes doesn't mention anything about Patents, X10 probably just didn't pay these guys?

  84. As do I... by cgb8176 · · Score: 1

    These event handlers and interpretations of parameters were programmed in specifically, they are not an artifact of some grander scheme or natural phenomena. Clearly, the designers had the idea of a window opening up behind it in mind at the time the language specification was designed.

    <sarcasm> Clearly, the designers of each computer architecture had the idea of a window opening up behind another when they designed each CPU to be Turing-complete.* </sarcasm>

    Not likely. It was probably more like:
    "Hey, with regard to newly created windows, what z-index should we give them?"
    "I don't know. Let the programmer decide."
    "Good idea. Who knows what creative and possible patentable ideas they may come up with."

    cb

    * - except, of course, for having finite storage.

  85. Re:I would like to have seen...'mostly' by Anonymous Coward · · Score: 0

    That's like saying that computers are 'mostly' sold to men who want to beat the meat... uhhh, never mind.

  86. mixed feelings as well by MoFoQ · · Score: 1

    'cuz I'm glad X10 got sued for pop-unders but not glad that the plaintiff is supposedly the "creator" of pop-unders.

    The solution? Bring pitchforks and flaming torches to both. 'nuf said.

  87. and now x10 filed bankruptcy! by way2trivial · · Score: 2, Interesting
    http://news.com.com/2100-1014_3-5095260.html?tag=n efd_top

    The company that only last year billed itself as the world's largest online advertiser has filed for Chapter 11 bankruptcy protection.

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  88. X10 files for Chapter 11 by Anonymous Coward · · Score: 0

    http://news.com.com/2100-1014_3-5095260.html

    HAHAHAHA!!!

  89. popups in moz by Nf1nk · · Score: 1

    When you are using Moz and on a major site look down at the right corner of the screen you should see a yellow explosion looking thing. This indicates a popup could have happened on this page.
    Now you know which sites have popups.

    --
    I used to have a cool sig, back when I cared
  90. Find out some facts first... by Anonymous Coward · · Score: 0

    I normally just lurk here, but..as a software developer who has seen many of the tools and idea's I've been using daily in my own code become "patented", I take exception to your take on software patents. Go to nature.com or newscientist.com or sciencedaily.com and look at some of the new economic studies that have come out in the last few years in regards to patents.

    The findings are that, yes patents are beneficial to SOME industries and are HARMFUL to others (software developement included). So, while I agree with part of your post, you need to realize that software patents, like the one microsoft has done, actually hurt the industry.

    1. Re:Find out some facts first... by the_mad_poster · · Score: 1

      I don't have a "take" on software patents in the way you're thinking. In my mind, the Internet and it's digital offspring have forced humanity forward with a rather violent shove. The government, old school businessmen, educational systems (to a lesser degree), etc. have all been left eating dust. Unfortunately, rather than trying to evolve the existing systems - such as the patent process - these buffoons (gov't and corporates), as usual, are trying to break these new, scary technologies so that they either:

      1. Fit into a traditional model of thinking they understand.
      2. Die so they don't have to think about it.
      #1 is bad because it ruins the technology or, at the very least, cripples it.

      #2 is bad for quite obvious reasons.

      In the business world especially, if you only understand something enough to know that it can be profitable, but you don't understand it well enough to actually profit from it, it's in your best interest to kill it before someone else can run with it. Hence legislation like the DMCA, the upcoming FTAA Treaty, and even PATRIOT. As more and more people become cognizant of where they really stand in society in relation to their government and businesses, these stopgap legislative disasters try to plug the information flow so that the proliteriate can be kept exactly where gubment and fat cat suits want it:

      Firmly under their big, fat, ugly thumbs.

      Nothing is scarier to these people than a truly free, educated populace that knows what it wants...

      The best way to keep that from happening - especially for businesses - is to simply legislate the hell out of them until they're too afraid to even think. If every potential thought is going to bring down a multi-million dollar lawsuit, you'll fear to challenege existing power structures and the MBA-weilding twits in power will stay in power, happily gorging themselves on your dime.

      Of course... this has always been the case - they usually don't win though. Alas... I fear the tide may have turned and the populace is too apathetic, uninformed, and plain stupid to fight back anymore in any organized fashion...

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  91. X10 files for Chapter 11 by awallgren · · Score: 1

    According to this CNET article, X10 has filed for chapter 11 as a result of this ruling.

  92. Getting Sued? File for Bankruptcy... by caferace · · Score: 1
    Hot on the heels of this story, X10 Files for Chapter 11.

    I kid you not.

    1. Re:Getting Sued? File for Bankruptcy... by inteller · · Score: 1

      Good riddance. They raped what could have been a standard for home automation and now they burn. Fuck them.

  93. Google Pop Blocker by ricochet81 · · Score: 1

    Little off-topic, but while where on it, if you used Win/IE, Google's toolbar/popup blocker. I like it. I've only had it a week and its blocked 86 pops. Free, of course.

    --
    Error: Id10t detected
  94. They probably won't get the money... by ctk76 · · Score: 1

    X10 filed bankruptsy.. http://zdnet.com.com/2100-1104_2-5095260.html?tag= zdfd.newsfeed

  95. Legal implications by Bob+Gelumph · · Score: 1

    If someone turns off JavaScript, can they get sued for circumventing a technological blah-di-blah under the DMCA?

    --
    I'm gonna need a spec.
  96. Re: x10.com = X10 protocol by theblackdeer · · Score: 1

    x10.com is the latest incarnation of the company that created the X10 protocol.

    Back in the 70's, a company called BSR (they were British, if I recall) were brainstorming electronics projects. Each project was codenamed X, followed by a letter. The 10th project, was X10 (duh). They stuck with that as the marketing angle.

    BSR turned into X10 LTD., which was strictly OEM during the 80's. The OEM'ed for Radioshack, Magnavox, and a few others. Radioshack, of course, still does the X10 stuff under their own brand.

    In the early 90's, they decided to retail their own stuff. A few years later, x10.com was born as a subsidiary, and later became it's own deal.

    Since they did the manufacturing, they started playing around with a CMOS chip and USB cable originally from Nogatech (http://www.nogatech.com). They make their own stuff now. That was the first few x-cams. The sold like HOT CAKES like you wouldn't believe. They made lots of money, and well, if you're making more money selling cameras and not so much your cool technology (X10 protocol), you sell cameras.

    Funny, but I remember during the dot-com heyday when everybody was going IPO -- the X10 LTD company changed the name to x10.com to sound hip and internet-ish -- then when dot-com's started blowing up, and they STILL wanted to IPO, they changed the name again to X10 Wireless Technology, Inc. (investor site: http://www.x10wti.com). They never IPO'd, because the economy got all sneaky like it did. Around this time, I quit.

    Dave Rye, one of the original protocol developers and a hell of a nice guy, still works at X10.com. When I was there in the tech department (worked there for 2 1/2 years) I could occasionally corner him to ask about a particularly wierd tech support case we'd have, or just shoot the shit about all the devices.

    Anyway, the people are the same. X10 WTI are the folks behind the X10 protocol.

  97. Phone call from the Past by rat7307 · · Score: 1

    Charles Babbage just called to say that, quote: 'I own J00 all. See you in court'

    --
    Burma?
  98. No patent? And other talking points... by bwcbwc · · Score: 1

    There's nothing in the article to say that the technique was patented. Maybe it was tried under California trade secret laws?

    Also, this is just the compensatory damages. They could be looking at another $10-30 Million in punitive damages.

    As far as the "should it be patentable" discussion, I consider this at least as patentable as a minor modification to a patented drug, or finding a new use for an existing product and patenting that use. Those types of patents existed before software and business process patents.

    --
    We are the 198 proof..
  99. haha by mantera · · Score: 1


    what's funny is that you won't be seeing those wireless camera pop-up*under ads any more, as x10 has filed for bankruptcy.

    Funny how i feel like i'm gonna miss them already.

  100. Popunders? by jprupp · · Score: 0

    Isn't that a feature of Internet Explorer? I haven't been able to enable it in Mozilla under Linux, can you tell me how? No!, please, don't do it, I'm just kidding

  101. Yes! by BizidyDizidy · · Score: 1

    I know this isn't going to be popular, but googlebar functionality is much better than Firebird (which I use). By this I don't mean overall (obviously not the case, else I wouldn't use it), but in every area the GB tries, it owns FB. Better popup blocking, one click button, and that great autofill feature. I wish we could get a native GB for FB.

    --
    The safest way to approach lava is to have another person with you and he goes first.
  102. Yeah, yeah by Zog+The+Undeniable · · Score: 1

    But is their Amazing Spy Camera any good?

    --
    When I am king, you will be first against the wall.
  103. Re: XXXs by Anonymous Coward · · Score: 0

    What about the pop-unders from viewing all them XXX sites? There could be a killing to be made their. Especially in divorce court. Wife walks into room, husband closes browser, xxx pop-under appears on the screen, arrgghhh!!

  104. Sue the three brothers by havster · · Score: 1

    Now, we know who responsible for those annoying pop-unders. I'd say we should sue the three brothers for creating all of the those pop-unders.

  105. Pop Under why not if yes to 'Click to Pay' or ... by Anonymous Coward · · Score: 0

    Why not they deserve a Patent or IP if someone can sue ebay for using his/her 'Buy it now' option or Amazon's 'Click to buy' feature.