Profiting From A Vague Patent HOWTO
tunabomber writes "IEEE Spectrum has an in-depth article about the rise of Acacia Research Corporation and its plan for enforcing its patent on 'Digital Media Technology' (which seems to lay claim to any technology that transmits audio or video digitally for entertainment purposes). You may recall that there was a story on Slashdot over a year ago about Acacia's threats and subsequent lawsuits against some small adult entertainment companies regarding their violation of the patent. There was also an Ask Slashdot posted a while back by the owner of one of these companies who had received a letter from Acacia Research demanding that they pay licensing fees. Both Slashdot stories asked how long it would be until Acacia went after the big media companies. Well, they finally did last week. It appears that Acacia just had to get enough companies (Disney and Virgin Radio, among others) to pay licensing fees before they could afford a legal adventure against the big guys. DirectTV, Comcast, Echostar, and Charter Communications are some of the defendents. Let the fireworks begin!"
Some HOWTO this was... I have the 2nd step, but I thought this would answer that elusive 3rd step, but it was no help at all.
1. Obtain vague patent
2. Enforce vague patent
3. ???
4. Profit!!!
Hmmm.
Someone should patent the method for profiting from vague patents... then sue everyone profiting from vague patents.
Are there really some companies dedicated to entertaining dwarves ???
Trolling using another account since 2005.
In the age of digital cluelessness in the patent office, something like this was bound to happen sooner or later. It's hard to even tell if it's a win/win situation, because if they really go all-out on something as general as "patent of a device that broadcast digital entertainment" (paraphrased), the amount of heads that will roll in the process will make the french revolution look like a cakewalk in comparison.
Meanwhile, the sharks are rubbing their collective fins at the prospect, and ironing their armani suits no doubt.
---- Take the Space Quiz!
There are an umber of "ASCII art" utilities out there that "streamed" images to teletypes and terminals way back when. Some pretty racy images at times, too ;)
There exists no way of exchanging information without making judgments. --Bene Gesserit Axiom
Is it just me or do these issues only seem to happen when some no-name corporation "remembers" that they somehow invented a wide-sweeping technology? It seems that when legitmate corporations enforce patent/copyright for things they actually invented from the get-go, nobody questions it. Is it human spirit to "take what you can get when they're not looking" or are these bozos just out to make a cheap buck?
The audio/video feeds of SCO's copyright infringement lawsuits to be highly entertaining. ;)
A goal is a dream with a deadline
I think that the reason they went after the online porn industry was to establish legal precedent.
After all, in court, isn't it simple enough to find bias against people who "harm society" to make judgements not based on the rule of law?
-PM
500GB of disk, 5TB of transfer, $5.95/mo
Since when are Disney and Virgin not considered big companies?
Say this company files suit against Comcast, et al, and other big media behemouths. Comast et al will argue in court against the validity of the patent being awarded. Assume they're successful, and the patent gets tossed. What recourse does this company's previous licensors have? Are they capable of reclaiming their money?
1. Patent "digitally transferring text for any purpose at all".
2. Have wet dreams about email royalties from Yahoo, Hotmail, *starts slobbering*
3. ????
4. Drive the spammers out of business
5. Profit!
Yeah, breaks with the "Slashdot-profit-haiku" rules, but who cares.
is an effective deterrent against bogus patents. IE you have to pay the patent office a lofty fine if your patent gets overturned in court. However, I can't think of a system that would:
a) get through the special interest dominated congress and
b: Be effective at making huge companies afraid of the fine while at the same time not intimidating legitimate companies from applying for legitmate patents.
Scylla and Charybdis...
And yes, I do think there are legitimate software patents, for example if this company had developed it's own compression algorithm, and unique, and very specific, distribution method, then they probably deserve a patent for it, but if they just say they invented distributing entertainment digitally, then there is no basis for the patent and they should be punished accordingly.
I own the patents for the following vague ideas:
1) A method for translating program source code into a machine runnable format.
2) A method for displaying a computer's file system (see earlier patent for details) based on the top of a typical desk.
3) A number system based solely on the numbers 1 and 0.
4) A method for having sex with a computer (you know it'll happen one day... and when it does... I'm rolling in the cash)
Anyone have the number for a good (i.e. slimey) lawyer?
-m
#
# Modus Ponens
#
I did some googling, and they hold the same patent in Japan and Europe. It seems like Europe has a pretty good record of not approving silly patents.
I can't find the actual text of the patent. I tried searching the patent search engine dealy linked to in the original article, but I couldn't find it. Could someone link to it?
And the reason they call it a patent of a HOWTO is because I do not believe Acacia Research Corporation has actually implemented the streaming video stuff that they patented. I don't think it's as broad as it sounds, but it does sound a lot like patenting an idea.
Help! I'm being repressed!
The more mess is created the more people will realize how broken is the software patenting system ...
...
I am almost hoping for a victory of Acacia in this, with the big players have to pay a lot o money and give Acacia even more strenght
what side do you stand for and why ??
We learn from history that we learn nothing from history - Tom Veneziano
Personally, I feel that software patents should only be awarded if the source code is open. Not necessarily GPL'd, but open in that your competition may have a legitimate opportunity to view the design.
Seventy five years ago, if you devised a new engine for a car, your competition could buy one, rip it apart and copy your ideas. So patents made sense. But in closed source software design, the products are black boxes that frequently can be describe only on more general terms. So we get these patent applications for abstract functions.
IMHO, patents should only be awarded if a company is willing to open its source code to an extent. It can still be proprietary, but there must be the legitimate opportunity for someone else to be able to "look inside" to see how it works. If a company want to keep it's code closed, fine. But no patent.
Just my two cents.
No, the people who would lose are the ones who settle. Since they didn't fight it, they basically said "here is free money, stop annoying me." Most settlements don't include agreements about if this patent should "go away." Though frankly, I would want to make sure my lawyer worked like hell to get it in.
Now I'm curious. Disney's lawyers are as infamous (or infamouse) as IBM's. What are they doing settling out of court for an iffy patent?
"Learning is not compulsory... neither is survival."
--Dr.W.Edwards Deming
Take for example IBM. They have patented everything related to object oriented operating systems under their Taligent/San Francisco project.
They could sue Sun (J2EE) or Microsoft (.NET), and just anybody using things like Object-oriented window area display system, pat. no. 6,750,858, Object-oriented event notification system with listener registration of both interests and methods, pat. no. 6,424,354 or Distributed object networking service, pat. no. 6,223,217, just to name a few.
Crazy. We have to figure out a better patent system which stills protect intelectual property but also protects us from this nonsense.
Al Gore's gonna be suing over his invention of the Internet
This might be a bit off-topic, but my curiousity is piqued.
Where exactly can I find a reliable source that quotes Al Gore as having said that he invented the internet?
I mean, I read that, in 1999, he stated in an interview, "'During my service in the United States Congress, I took the initiative in creating the internet," by which he meant securing funding for it, but nowhere have I found, outside of message board posts, that Al Gore actually claimed to have invented the internet itself.
I read that he told a House committee about the internet in 1989, remarking, "I genuinely believe that the creation of this nationwide network will create an environment where work stations are common in homes and even small businesses." Geez, what a crackpot!
You are in error. No-one is screaming. Thank you for your cooperation.
Really, this is GOOD. Let the big companies keep getting hosed by the patent system. Let them see how patenting IP and having closed source propietary software will constantly hose the ability to "do your work" and just keep costing money and money and money and money and be a serious PITA to actually DO anything. Eventually, doing anything even remotely fun, interesting, or productive will be so expensive that the system will crash and burn under it's own bloat. Let it become unprofitable to use patents and restrictive copyrights. Let them keepdoing what they are doing. The lawyers and licensing fees alone will start to make companies just stop being involved with it, eventually it might even get through to some legislators noggins that the patent and copyright system is completely broken and has been broken for a long time. It won't end until joe user all the way to joe big company needs to have a lawyer on a tether with them all the time, and just have their paychecks direct deposited to the lawyers account, and the lawyers cut you a small chump change allowance.
In other words, let it burn! I feel the same way about this as I do vulnerable windows machines. The quicker it gets to a ridiculous level of unusability level the quicker it can be fixed with a REAL fix which is a total replacement system, because sure as snot they won't fix it until then, just keep applying patches that just make it worse, because they refuse to address the core issue, which is intangible thoughts shouldn't be patented in the first place. It was an INSANE precedent to let the first intangible anything get patented.
Turns out one of the key objectives of this patent:
Seems to me that all current broadcasters I know of that are listed in the suit fail to meet this criteria of sending the signal in a fraction of real time, and hence, bye bye lawsuit. I wish they would, but I have to record only one show at a time, during the broadcast window, and cannot record anything else during that broadcast window, hence, I believe they fail to infringe upon this patent. of course, the obligatory: IANAL.The cesspool just got a check and balance.
The patent system is to provide a legal protection for inventions.
The problem is, it's been allowed to evolve in such a way that the whole system is now really only accessible to lawyers, not inventors or engineers.
If your friend was a lawyer - or had deep enough pockets to hire one - he'd have no problem getting a patent.
I don't need no instructions to know how to rock!!!!
They gave a list of 9 instances of prior art, right in the patent! Any time you stream media, this patent covers it. So, for instance, the telephone (invented 1876), the television (patented 1948), and "computer channels" (Z3 built in 1941) all operate primarily (exclusively!) by the means described in this patent.
Inconceivable!
Still, it should make the defense a little easier when Acacia has been nice enough to catalogue prior art for us! It's like shooting wealthy, very well-defended ducks in a barrel.
Another one bites the dust
...in an episode of Kingdom Hospital. A civil lawyer comes into the emergency room with chest pains. One of the doctors says, "Wait a minute... He's a civil defense lawyer."
From that point on EVERYTHING is signed in triplicate, videotaped from every angle, and witnessed by at least three people. Funny, but I'd LOVE to see this sort of thing happen.
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
If you are reading this from any part of the world aside from the United States, you already know this history. Hell, you're living it. That's why you hate us. That's why you either shake your head in disbelief or merely point your finger and chuckle. You see the black muck that is the personification of the stereotypical American. From outside the bubble, man, that is one ugly sight.
No one can argue that it is sickening how members of a rich society are able to chuck their conscience and morality out the window and shamelessly take advantage of a hampered and flawed system. All this without a hint of concern on how their actions may be affecting the lives of millions of unwitting countrymen. But, what is often overlooked is the long term detrement these actions have on the American economy.
Based on this kind of crap, who in their right mind would ever consider basing a business, of any type or any size, in the United States anymore? Even the stallwarts of the ecomony are picking up and moving. Offshoring is a big a problem as most folks think it is, regardless of what the "industry insiders" have to say about it.
If asshole "business executives" and their brigades of lawyers are further allowed to get away with this type of behaviour, who is going to be left? Folks in the service industries, that's it. And they'll be catering to people from other countries who stopped by for a visit to see all the carnage. And where do you think these idiots who are causing all the problems will be? Not here, that's for damn sure. They'll be at their beach house on some remote island far, far away from the garbage they left on the curb.
This isn't about being conservative or liberal, black or white, rich or poor to us normal folks. This is about a few talentless nasty bottom feeders ruining the most powerful economy in modern history.
Well, gee, thanks. Maybe I can have a slice of apple pie with the dung heap you're feeding us. That should make it all better.
So, how long do you suppose it'll be before they go after RIAA and MPAA? Now, that's a fight I might enjoy seeing. :-) Maybe we'll see it on Pay Per View?!
Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
Here's an idea whose time may have come: change patent law to prohibit original patent-holders from selling or even transferring their invention and patent; in other words, the value of the patent accrues ONLY to the original inventor. Isn't that what the creators of the patent system really intended in the first place? I haven't thought this through in too much depth yet, but at face value it seems to have the potential to prevent many of the worst abuses of the patent system. Wishful thinking or something more?