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Google and Yahoo Settle Overture Lawsuit

An anonymous reader writes "Google and Yahoo have apparently settled their ongoing lawsuit involving patented on-line ad technology owned by Yahoo subsidiary Overture. (U.S. Patent 6,269,361). According to reports, Google will issue 2.7 million common shares to Yahoo in return for a license. Read more about the infringement suit here. This move is expected to lower any potential downsides to Google's upcoming IPO."

106 comments

  1. My Rights Online? by Anonymous Coward · · Score: 0, Troll

    Just because some story involves the law doesn't mean it involves our rights online.

    1. Re:My Rights Online? by Chess_the_cat · · Score: 2, Funny

      Yes, this obviously should have been posted under either Books or Apache.

      --
      Support the First Amendment. Read at -1
    2. Re:My Rights Online? by NanoGator · · Score: 1

      Are you going to complain about that in every topic? Why doesn't life just go on?

      --
      "Derp de derp."
    3. Re:My Rights Online? by Anonymous Coward · · Score: 0

      Why can't it just be in the regular section? Or IT? It has nothing to do with our rights online.

    4. Re:My Rights Online? by Mateito · · Score: 4, Funny

      Nah. Post it under it so we can all bitch about the color scheme.

    5. Re:My Rights Online? by kfg · · Score: 2, Informative

      Just because some story involves the law doesn't mean it involves our rights online.

      The fundamental precept of American law is the right. Thus all legal issues in American courts involve rights to some degree or other. All such questions of rights are inherently a question of your rights even if your are not a party to the action.

      In this case the question is the right to develop and deploy certain methods of list sorting for use online. That would be your rights, as per above.

      So what portion of this issue do you believe does not fit into the catagory of your rights online?

      KFG

    6. Re:My Rights Online? by Anonymous Coward · · Score: 0

      so why isn't IT called IT Online?

    7. Re:My Rights Online? by Marxist+Hacker+42 · · Score: 1

      What, baby puke green isn't sick enough for you?

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    8. Re:My Rights Online? by Mateito · · Score: 2, Funny

      My fiancee painted our bedroom this color because she finds it "soothing". I guess I've just got used to it.

    9. Re:My Rights Online? by Anonymous Coward · · Score: 0

      At some select American universities, students can actually major in faggotry!

    10. Re:My Rights Online? by kfg · · Score: 1

      so why isn't IT called IT Online?

      So that it might encompass IT.

      KFG

    11. Re:My Rights Online? by the_meager · · Score: 1

      I'd prefer my women to be like my soup; crabby and swiss.

      (Wait, maybe it was that... I like my women like I like my dressing; creamy and italian?)

      Please mod me down. :-)

      --
      Speckpot?
  2. FUCK by Anonymous Coward · · Score: 0

    and I was cheering for google. :(

  3. Alternative headline by Anonymous Coward · · Score: 0

    Yahoo targets Google with hostile takover.

    1. Re:Alternative headline by ianc7 · · Score: 3, Funny

      Perhaps they could call the merged entity GooHoo, well it beats Yagle anyway.

  4. Some licence by Mateito · · Score: 1

    So thats around $300 million for the license. Ouch.

    How many shares are google issuing? What percantage will end up in the hands of yahoo?

    1. Re:Some licence by Anonymous Coward · · Score: 0

      and all the patent says is "the more a sponsor pays, the higher their links are"

    2. Re:Some licence by Mateito · · Score: 0, Redundant

      RTFA?

      You must be new here.

    3. Re:Some licence by vettemph · · Score: 2, Interesting

      No way, that's $10,000,000 for a license. What makes you think there stock is worth anything NEAR what what it will initially sell for? I said it before and I'll say it again. In a few months, this stock will drop to its fair value of four bucks. I just a f'n search engine, come on people!

      --
      The government which is strong enough to protect you from everything is strong enough to take everything from you.
    4. Re:Some licence by Anonymous Coward · · Score: 0

      How many shares are google issuing?

      Did you not even read the story?

      "Google will issue 2.7 million common shares to Yahoo in return for a license."

    5. Re:Some licence by netless · · Score: 1

      I said it before and I'll say it again; stock might drop a little, but no way it will go to area you are predicting (and I do short stocks for living). It is just search engine, but it is "the search engine." It has commanding marketshare in that area and great and inovative work force.

      I think it will be good long-term investment as a premier internet blue stock.

      Anyway, time will tell.

      (for anyone interested I developed few web apps in rebol, check them at my site http:www.wsbears.com/charts.html, such a good language as rebol is, deserves more attention, imo )

    6. Re:Some licence by Aerion · · Score: 2, Informative

      How many shares are google issuing? What percantage will end up in the hands of yahoo?

      IIRC, Google is issuing about 16 million shares (not including these 2.7) in its IPO, which comprise 7% of all its shares. So percentage-wise, not really all that much.

    7. Re:Some licence by LifesABeach · · Score: 0

      "...Google will issue 2.7 million common shares to Yahoo..."

      lets hope THESE shares are 'licensed'...

  5. what percent? by jtilak · · Score: 0, Redundant

    So what percent of Google will Yahoo own?

    1. Re:what percent? by Anonymous Coward · · Score: 1, Informative

      "That would net Yahoo as much as an additional $149 million at the high end of Google's expected IPO price range, and leave the company with a 4.1 percent stake in Google. After the IPO, Yahoo will also hold 4.95 million super-voting of Google Class B shares, a 2.1 percent stake."

    2. Re:what percent? by Anonymous Coward · · Score: 0

      About 2,700,000/10^100.

  6. Shares as cash? by usefool · · Score: 5, Interesting

    Is it a common practice nowadays to use shares (IPO even) for payment?

    My understanding is that if a share is not sold, you don't have a cent yet in your pocket.

    The article estimated that would net Yahoo as much as an additional $149 million at the high end of Google's expected IPO price range. However, could (and would) Yahoo sell all shares at the high end price though?

    --
    Uselessful technology (Air-Charged
    1. Re:Shares as cash? by davidesh · · Score: 0

      this has been a long time practice

    2. Re:Shares as cash? by Anonymous Coward · · Score: 5, Informative

      It's very common. For example, in almost any story involving the purchase of a company for $XXX million (particularly ones from the ex-dot-com days) the deal is actually for stock, not cash. It's also common for companies to swap options or warrants as part of some deal.

      Shares have value, even if a company isn't public. It's simply a little easier to place a value on a public company, since you have so many opinions floating around in the market.

  7. LOL by nlawalker · · Score: 5, Funny

    Google Exec 1: "Yahoo is suing us for the way we display ads."
    Exec 2: "Yeah, but look, this IPO thing is great! Look, it's so easy. I can just create a couple million shares here and and do whatever I..."
    Exec 1: "Problem solved."

    1. Re:LOL by Donny+Smith · · Score: 1

      Yeah, and the number (2.7m) looks very similar to the number of shares they don't have and are trying to buy back.

      Probably they want to give them those non-existing shares.

      Don't be (d)evil!

  8. Heh... by maggeth · · Score: 1

    That's interesting. People are already saying that because of the auction format of the IPO, Google shares will probably not match their auction values any time in the short term. What an evil way to screw over Yahoo, use your own shares which are guarnteed to fall shortly thereafter. ;-)

  9. do only evil by danmart · · Score: 2, Insightful

    lets see:
    infringe on gooogles.com trademark
    infringe on froogles.com trademark
    infringe on gmail trademark
    infringe on overture patent
    track all searches via cookies and IP address
    make stored information available to govt agencies

    1. Re:do only evil by Anonymous Coward · · Score: 0

      chill out dude. you're clearly some scumbag who doesn't like how google ranked your site and your pissed off everyone looks to them for info. relax a little.

  10. Seems like.. by ciroknight · · Score: 3, Insightful

    Google's just trying to get their stock out there and in the news, any way possible. Kind of strange way of doing it since they could have won the lawsuit I'm sure, but still. This is very odd behavior from Google.

    --
    "Victory means exit strategy, and it's important for the President to explain to us what the exit strategy is." G.W.Bush
    1. Re:Seems like.. by nsample · · Score: 5, Insightful

      They would ahve most likely:

      A) Lost the lawsuit, and/or
      B) muddied the IPO waters by fighting at this time.

      This was a strategic move by Google.

    2. Re:Seems like.. by Anonymous Coward · · Score: 2, Interesting

      Seems to me that Google wants to curb the enthusiasm of unwanted potential investors -- and it's a smart move: if *everyone* is interested, the whole thing can explode at the start and only go downhill from there.

      So instead there are warnings in the prospectus, the unregistered shares buyback offer, the Yahoo dispute, the dislike of Wall Street and the day-trading audience... Keeps the too nervous and too speculation-prone types out of the club. Warren Buffet does the same thing with his $100,000 per share price.

      Which is the whole point of the IPO -- raise money for the company to work, not to make some people rich in a short time. I won't be buying any Google shares though.

  11. Yahoo already owned some of Google by Ars-Fartsica · · Score: 4, Interesting
    Yahoo was an early funder of Google and alreay had I think 2% of the company. This number may be off but Yahoo did have ownership before this settlement.

    Things get worse and worse everyday for Google, and to think they had months when the hype was absolutely unreal, yet they failed to capitalize. To quote Richard Russell, the guru market timer: "Google may know the web, but they know nothing about markets".

  12. It's still a good deal... by sunilonline · · Score: 3, Insightful

    Even if Google stock falls to $1 a share (very unlikely), Yahoo would still make $2.7 million. It's not like the license costs Yahoo anything; they'll make plenty of money in any case.

    1. Re:It's still a good deal... by Anonymous Coward · · Score: 1, Insightful

      And the catch is... It's now in Yahoo's best interest to not sue Google anymore. If they do, they'll just bring Google's stock price down and therefore reduce their own assets.

    2. Re:It's still a good deal... by zogger · · Score: 1

      ---only if they want to sit on their stocks. They could sell them, yes?

    3. Re:It's still a good deal... by Anonymous Coward · · Score: 0

      No??!?!? You think they could sell the stocks? What? You mean on the market or something? Boy that never entered my mind! I must be stupid!

    4. Re:It's still a good deal... by zogger · · Score: 1

      if you are the same Ac as the parent I wasz replying to, the point was made that yahoo wouldn't want to sue google because as they owned part of google they would be hurting themselves in a way. I replied only if they sit on the stocks, if they sell them, they wouldn't be hurting themselves.

      A point/counterpoint, both valid near as I can see. I was replying that no one knows (publically yet) what they will do with them. The implied assumption in the parent was that they would retain them, I reject that, as it's conjecture and speculation, an assumption, it is not data. If the assumption turns out to be correct, then yes, it wouldn't be a smart business decsion. If the assumption is incorrect, it wouldn't be.

      Hope that clarifies it, nothing to get upset over.

  13. 2.7M *more* shares issued? by Anonymous Coward · · Score: 2, Insightful

    ... And with Google already acting like a penny stock, this is why I have no interest in the IPO.

  14. IP lawyers seems to be hard at work lately by Louis+Savain · · Score: 5, Insightful

    I predict that it will come a time soon when nobody will know who owns any particular piece of IP due to complete confusion. This whole IP business is getting ridiculous. IP laws seemed to have been created for lawyers to make a living while contributing nothing to the economy.

    The internet is a system that serves, among other things, as a conduit for exchanging ideas. Someone said that the internet never forgets. It is possible that most the newer patents involving software and the web are invalid due to prior art which can be found by searching the net. Someone else may have thought about it and posted it somewhere.

    Is there a special place on the net where people can go and post ideas so as to make it impossible for the greedy bastards to patent them?

    1. Re:IP lawyers seems to be hard at work lately by LiquidCoooled · · Score: 1

      Sure there is.

      Right here, we all *promise* we wont exploit them or anything ;)

      Problem with web based ideas, is that they are public, I believe the GPL is the best protection at present, but even that is being exploited by unscrupulous corps.

      --
      liqbase :: faster than paper
    2. Re:IP lawyers seems to be hard at work lately by lothar97 · · Score: 3, Interesting
      I'm an IP attorney, and let me assure you, it's not the IP attorneys who run around coming up with ideas of who to sue- it's our clients. They find a product or service that they think infringes their patent/trademark/copyright, and then they ask us to go after them.

      IP law is indicitive of the economy as a whole. When the economy is doing well, people/companies have more money for filing patents/trademark/etc. When the economy is slower, people save more money (less filings), and also are more likely to go after people (attempting to extract money from their techonology.)

      If you invented something completely new and revolutionary, such as Bell's telephone, or the Wright brothers' plane, would you want to earn money from it for some time- or let anyone and everyone produce it and make the money (instead of you). Patents provide an incentive to discover and invent new things, and ensure your time, money and efforts don't go to waste.

      The problem we have now is that patent offices worldwide are backed up, and often patent examiners are not qualified. For example, up until about 5 years ago, the USPTO would not accept computer science degrees as a qualification for patent agents/examiners- this was left to people with electrical engineering degrees.

      At our firm, we have noticed that in the past 3-6 months, the USPTO is less friendly in approving patents- even for things that we believe are new & patentable. The European Patent Office has been rejecting things as well, for technologies that we believe are new & unique.

      --

    3. Re:IP lawyers seems to be hard at work lately by sicking · · Score: 0

      Is there a special place on the net where people can go and post ideas so as to make it impossible for the greedy bastards to patent them?

      Yes there is, the Patent Office. The only place the USPO searches for prior art is in other patents. In other words, in order for something not to be patentable due to prior art it has to already be patented.

      A result of this is of course that everything imagineable will be patented if things progress the way they are now. Weather they have existed for years or not.

      This is IMHO one of the biggest reasons for the current mess.

      --
      Failing to learn from history dooms you to repeat it.
    4. Re:IP lawyers seems to be hard at work lately by SpecBear · · Score: 1

      At our firm, we have noticed that in the past 3-6 months, the USPTO is less friendly in approving patents- even for things that we believe are new & patentable. The European Patent Office has been rejecting things as well, for technologies that we believe are new & unique.

      Um, I don't mean to seem insolent here, but how often is your firm filing patents for things that you don't believe are new and patentable? And by filing these patents, aren't your clients contributing to the overall problem? I'm genuine curious about the scope of this.

      Not that I blame you. At my previous job, our patent attourney told our execs that the chances of us getting patents on our 'technology' were slim. But for the cost of applying for a patent, we had the chance to lock our competition out of the market. And since it was during the peak of the dotcom boom and it was all VC money anwyay, they tried to patent just about everything about our product. Of about ten patent applications the company filed, I'd say only one was for something that was truly innovative. The rest were of the form "performing [widely known process] on the web."

    5. Re:IP lawyers seems to be hard at work lately by jesterzog · · Score: 4, Insightful

      If you invented something completely new and revolutionary, such as Bell's telephone, or the Wright brothers' plane, would you want to earn money from it for some time- or let anyone and everyone produce it and make the money (instead of you).

      It's interesting that you should bring this up, because so many inventions are as much a product of their time as of a particular inventor. I'd contend that the aeroplane wasn't a particularly unique invention, although it was probably hard to tell at the time due to communication issues. The telephone and the electric light bulb most likely weren't, either. If they hadn't been invented then someone else likely would have invented them within a short span of time.

      The Wright Brothers most likely invented their own powered flying device without help, and clearly got the most recognition for it. But there were several other people elsewhere doing exactly the same thing independently. eg. Richard Pearse is one example who arguably flew before the Wright Brothers. There are several others in different parts of the world.

      The point isn't so much that someone did it first, but that several people were able to independently do it at the same time. Why should only one inventor or otherwise capable person be able to profit just because they were the first to independently extend what was already known?

      Unfortunately I think that's what's happening quite frequently in today's world. It's particularly an issue now that improved communication can mean several people independently invent almost the same thing weeks apart, simply as an extention of existing knowledge and a reaction to something they needed or wanted more than any revolutionary business goal. Yet if the first person happened to file a patent on it, it's too bad for everyone else. They're not allowed to earn without paying up.

    6. Re:IP lawyers seems to be hard at work lately by kervel · · Score: 1

      If you invented something completely new and revolutionary, such as Bell's telephone, or the Wright brothers' plane, would you want to earn money from it for some time- or let anyone and everyone produce it and make the money (instead of you). Patents provide an incentive to discover and invent new things, and ensure your time, money and efforts don't go to waste.

      (for software patents) i have read on several places that no statistical evidence has ever been found supporting the "patents stimulate innovation" claim, and for software patents, there was even some statistical evidence proving the contrary. (http://swpat.ffii.org/, eurolinux, ...). offcourse, my sources are not objective, but - while trying to find me an opinion - i spent some time searching the web, and i could find tons of sites with good arguments against software patents, and i could not find any good sites defending software patents (all of them use a few very abstract arguments, without evidence). did i miss something ?

    7. Re:IP lawyers seems to be hard at work lately by Caseyscrib · · Score: 1
      Someone said that the internet never forgets.

      Hey!!! I said that! I'm getting my lawyer....

    8. Re:IP lawyers seems to be hard at work lately by Louis+Savain · · Score: 2, Interesting

      did i miss something ?

      No you didn't. Patents are all about greed and selfishness. It is a way for an entity to gain a monopoly on a market and keep everybody else out while it is making a killing. Patents are not conducive to good human relations. It is just another facet of the dog-eat-dog nature of our economic and social system. It's a form of our collective madness. It can only lead to chaos and destruction. It's rather sad because it does not have tobe that way.

    9. Re:IP lawyers seems to be hard at work lately by bmedwar · · Score: 1

      > Patents provide an incentive to discover > and invent new things, and ensure your > time, money and efforts don't go to > waste. this is absolute nonsense, but I appreciate the fact that if you didn't believe this, then you probably wouldn't be an IP attourney. Self-justification leads to dellusion. It happens to us all, we spend years studying a topic in school and working hard at our careers. We all slip into things without thinking about the big picture. Keep drinking the koolaid :-)

      --
      --Brian
  15. is SOMEONE going to fight these stupid patents? by Anonymous Coward · · Score: 0

    what in gods name did Overture invent? NOTHING!!! if google isn't going to fight this kind of crap, who will?

  16. Odd behavior? by FreeLinux · · Score: 3, Insightful

    Why is this odd? It is an excellent business strategy.

    First: When you are about to execute an IPO it is usually undesireable to have lawsuits hanging over your business. This is especially true when the suit is over a patent on your primary source of revenue.

    Second: Settling lawsuits is common business practice even with suites that you would likely win. The cost of going to court and defending against the suit, not to mention possible damage to your company's image, is usually higher than the settlement's cost. Therefore, the settlement is viewed as a reduction in operating cost.

    Finally: This particular settlement costs Google $0.00. They are literally manufacturing the "money" for this settlement. They are paying in stock. Stock that does not yet have a market value. And, any perceived loss on the potential sale of the stock is made up for by adding more stock to the IPO. It works GREAT for Google, from a business perspective.

    1. Re:Odd behavior? by catbutt · · Score: 1

      By what logic does that cost them nothing? They are giving away a couple percent of the company. Also, the stock does already have a market value, see tradesports.com where its value is determined by an active market.

      Just because they are not paying cash does not make it any less real.

    2. Re:Odd behavior? by Technically+Inept · · Score: 5, Insightful

      Finally: This particular settlement costs Google $0.00. They are literally manufacturing the "money" for this settlement. They are paying in stock. Stock that does not yet have a market value. And, any perceived loss on the potential sale of the stock is made up for by adding more stock to the IPO. It works GREAT for Google, from a business perspective.

      That's not really the way it works. You can't issue stock for free. Stock is just a percentage of your company. With more outstanding stock, those IPO shares would be worth, say, .00009% of the company instead of .0001% of the company (numbers entirely made up). Therefore, the IPO shares are worth slightly less, and Google makes less money on the IPO. And if the market is working efficiently (and it usually is), the money lost, between Google's cash payday and the value of the unsold privately held shares, will equal more or less what those new shares would have been worth in the IPO.

      That being said, if you think your shares are going to be overvalued at IPO, then this strategy it works great in the long run. It's the only way a company like AOL could buy a company like Time Warner.

      --
      Now watch me hit this drive.
    3. Re:Odd behavior? by mrklin · · Score: 3, Interesting
      Finally: This particular settlement costs Google $0.00.

      Your opinion is about as valuable as an accountant's opinion on network security implmentation.

      Issues shares cost Google money, which is why Google had to absorb a quarterly charge of $250-$300 million. This will make Google lose money for the quarter - the quarter in which they planned to go public. For your information, in Q3 of 2003, Google only earned $20.4 million.

      Yahoo, however, will increase its stake in Google to 4%. It has already announced that it will likely sell a large percentage; this will make Yahoo's Q3 look great compared to Google's. The sell-off is likely to decrease Google's stock price further, if indeed Google does go public when it had planned. Yahoo will also forever be able to say Google's ad technology is based on theirs.

      Lastly, search engine preference change. For a while, Yahoo! was on top. Altavista (now owned by Yahoo!, who also owns Imktomi) was once on top. Google is now the king. Who is to say in a few years, Toema, meta search engines, or even Yahoo! will not be on top?

      If you think this is an "excellent busines sstaretgy" or Google, think again!

  17. Yahoo Profits from Google IPO?! by SuperDave913 · · Score: 1

    Isn't that ironic?

  18. Re:PATENTS FUCKING SUCK by flying_monkies · · Score: 1, Offtopic

    Why couldn't you have the balls

    So says the anonymous coward. If you're going to rag on someone/thing, have the balls to put your name behind it.

    --
    I disagree with what you say, but I'll defend your right to say it to the death - Voltaire
  19. They were going to anyway by Anonymous Coward · · Score: 0

    They had invested $10 million in Google four years ago.

  20. The underlying motive... by Ingolfke · · Score: 4, Funny

    Although this looks like a straightforward patent suit, there are more dubious motives at play here. Specifically Google was in the middle of developing a new search technology that would finally bring search technology into 93% of all North American households (world wide estimates vary based on the region). Yahoo! used the suit to dilute Google's stock price and drain their cash reserves while Yahoo! develops their own alternative solution in a partnership with MSN.

    I was skeptical at first until I was given a demo of the new technology by one of my old graduate school friends who is working for Google. The tool's interface is similar to Google's current standard search interface (although a verbal UI is under development). The killer feature, the feature that would have made Google search ubiquotous, is the ability to search for physical objects. I simply typed in "my keys" and I was given a reply "Your right pocket", along with a short description of the object, the # of key, use of the keys, and their GPS location. Amazing!

    My friend, who for obvious reasons must go unnamed, told me the lawsuit will force google to shut down the project because the only way they could fund it was through context based advertisements (based on the infringing patent). He did however point me to this backdoor. I can't promise it will stay up very long... especially with the Slashdot crowd using and abusing it... so check it out while you can.

    1. Re:The underlying motive... by Anonymous Coward · · Score: 0

      Girlfriend? This is Slashdot...

  21. Re:PATENTS FUCKING SUCK by Anonymous Coward · · Score: 0

    interesting response given your sig

  22. Re:PATENTS FUCKING SUCK by flying_monkies · · Score: 0, Offtopic

    Not really. You can say what you like and I'll even defend your right to make an ass-hat of yourself. Just have the sack to put your name to it.

    --
    I disagree with what you say, but I'll defend your right to say it to the death - Voltaire
  23. Patent number by elhaf · · Score: 1

    Hey, that patent was issued on the same day as mine (which happens to be hanging on the wall in front of me. It's off by 6.

    --
    Six score characters.
    Brevity being wit's soul
    I have enough space.
    1. Re:Patent number by JUSTONEMORELATTE · · Score: 1

      So the question is, are you working in Machine Vision or Code Management systems?
      If it's Machine Vision, I'd love to correspond with you. I did some work in the early 90's on hardware emulations of physical perception systems.

      --

  24. Heh by ivan1011001 · · Score: 0, Redundant

    Pwned =P

    --

    I was thinking of converting to paganism, but where the hell can you find sacrificial virgins these days?
    1. Re:Heh by ivan1011001 · · Score: 0, Offtopic

      This wasn't redundant. I read EVERY SINGLE post before I said that, just so I wouldn't be one of the assholes that just repeats what everyone says. Thank you, you incompetent moderator.

      --

      I was thinking of converting to paganism, but where the hell can you find sacrificial virgins these days?
  25. It is a myth that patents are incentives by Louis+Savain · · Score: 1

    If you invented something completely new and revolutionary, such as Bell's telephone, or the Wright brothers' plane, would you want to earn money from it for some time- or let anyone and everyone produce it and make the money (instead of you). Patents provide an incentive to discover and invent new things, and ensure your time, money and efforts don't go to waste.

    It is funny you should say this because some of the most creative geniuses in the history of the world (Isaac Newton, Mozart, Beethoven, Blaise Pascal, Rene Descartes, etc...) had no patent protection whatsoever. And as far as someone else making money from my ideas is concerned, so what? I am making money and living a better life as a result of ideas from a bunch of other people who came before me, from the inventor of the wheel on down. One does not make money from an idea. One makes money from applying the idea to something useful: you gotta have a product. There is plenty of opportunities for everybody.

    Patent laws are Big Brother laws that infringe on people's freedom. Let's face it. If you cannot put chains on it or put a fence around it, it does not belong to you. Like the air that we breathe, it belongs to nobody and everybody. Makes no difference if it's music, writing, software, you name it. There are people in the third world right now who are laughing at your patent laws. They're selling copies of Windows and MS Office in the streets for pennies on the dollar. Heck, they're laughing at them right here in the US. Music download has become an addictive pasttime for some people.

    And one more thing, abolishing patent laws would encourage sharing and compassion and the love of neighbor, things that seem to be on the extinction list in the world these days.

    1. Re:It is a myth that patents are incentives by lothar97 · · Score: 4, Interesting
      It is funny you should say this because some of the most creative geniuses in the history of the world (Isaac Newton, Mozart, Beethoven, Blaise Pascal, Rene Descartes, etc...) had no patent protection whatsoever. And as far as someone else making money from my ideas is concerned, so what?

      For the record, patents protect inventions (such as the Flowbee, and not ideas such as gravity (Newton), metaphysics (Descartes). I imagine that since Pascal was producing adding machines, he likely would've liked protection for his invention. The Wright brothers did not get a patent for flying, or the Bernoulli Effect, they got a patent for a machine that performed these functions. As for Mozart & Beethoven, this is not patent law- it's copyright. And yes, those two were quite wealthy back in their time.

      There are people in the third world right now who are laughing at your patent laws. They're selling copies of Windows and MS Office in the streets for pennies on the dollar. Heck, they're laughing at them right here in the US. Music download has become an addictive pasttime for some people.

      This is copyright law again, as the underlying issue is protecting an original work of authorship. I agree with you on this part. The copyright holders in the US are doing a terrible job of adapting to new technologies. As for patents in the Third World, like pharaceuticals, that's messed up as well. Drugs are needed in certain areas, and should be available- but companies still need to make money.

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    2. Re:It is a myth that patents are incentives by Louis+Savain · · Score: 1

      Your points are well taken. I was thinking of IP protection laws in general, not just patents. Let me take this opportunity to add Leonardo da Vinci to my list. A lot of experimental physicists in the old days (Faraday, Volta and Lavoisier come to mind) could have patented a bunch of things based on their discoveries. Yet they continued to be highly creative without the artificial "protection" of IP laws.

    3. Re:It is a myth that patents are incentives by Anonymous Coward · · Score: 0

      Mozart wasn't particularly wealthy at all. He died in abject poverty and debt. I wish I had found a better reference, but this will have to do: http://www.aboutfamouspeople.com/article1003.html

      Please check your facts, mr. IP lawyer.

    4. Re:It is a myth that patents are incentives by Anonymous Coward · · Score: 0

      Pre-renessaince era and renessaince era artits and scientists would not have had the time nor materials to create without the patronage of either the aristocracy or the church. In today's society, these two factors have been mitigated (tenure as university patronage still exists). As such, the patent and copyright systems have been devised as a replacement for patronage. They provide a means of financial support to allow the creator to continue creating.

      Your idea of 'ownership' is rather naive. The 'put a fence around it' is even debatable if you can not otherwise defend your property from physical attack. The fact is, the idea of ownership and property rights come from the societal contract. The members of a civil society implicitly decide what can be owned and work together to protect that idea of ownership. This is the fundamental point that your post seems to miss.

    5. Re:It is a myth that patents are incentives by Alsee · · Score: 2, Informative

      It's funny how you only list actual inventions that were patented, like airplanes, telephones, and flowbies. I, and most everyone else attacking the US patent system, have no objection to patents on inventions. You completely sidestepped how the US has abandoned the Mental Steps Doctrine prohibiting patents based on mental steps - software patents. Patents based on what amounts to a sequence of thoughts. Patents like this Yahoo patent.

      If I have software to carry out this Yahoo patent, and rather than executing it on a computer I simply stare at the information and execute the described code mentally, am I violating the patent? Can a certain sequence of thoughts be a violation of the law?

      And if not, if that mental process is not a violation of the law, if that mental process is not protected by patent, if that mental process is not an invention, then how the hell does a non-invention mental process become a patented invention when I take the single blatantly obvious step of simply using an ordinary old computer to speed up the exact same calculations I did mentally before?

      This is not a patent on a physical process. It is a patent on a mental process and twiddling some numbers. This is not a patent on an invention, it is not a patent on an implementation. It is a patent on the idea of writing any software at all to do certain calculations.

      I don't mean to yell at you. I'm angry about the US's dumbass software patents. I'd really like an explanation why "IP laywers" as a group are so keen on software patents.

      >There are people in the third world right now who are laughing at your patent laws.

      This is copyright law again


      While it may be copyright infringment, the original poster was still correct. And not just the third world, and not just in cases of copyright infringment. Most of the rest of the world is "laughing" at our patents on software, at the notion that an end user who paid the copyright holder, or even who wrote the software himself, is violating countless patents simply running software on a plain old PC .

      Software should be protected by copyright. All great and wonderful. However there should be no such thing as software patents. Software should not get "double coverage" and be subject to "double restrictions". Patents were - and still should be - only granted for new and non-obvious physical objects and on new and non-obvious physical processes.

      Oh, and business patents are rediculous too. Even if we were to accept the rediculous notion that a business plan was an invention, we don't need a patent incentive to encourage people to make money. The very foundation of capitalism is for businesses to compete to do it better and cheaper. And business method patents are generally software patents anyway.

      One final note, if software patents and business method patents were such great wonderful and obvious things, then why is the US essentially a rouge nation in having them? Why does the US need to go around the world trying to strong-arm other nations into abandoning their well established patent laws that state that software and business methods are not inventions? It used to be that the US and the rest of the world were all quite well settled on the fact that software and business methods were not inventions. The US decides to reverse it's rules and now the rest of the world gets denied free trade unless they agree to a "Free Trade Agreement" stating they must reverse their rules as well?

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      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:It is a myth that patents are incentives by Anonymous Coward · · Score: 0

      Your points are interesting but seem to amount to nothing more than anecdotal evidence.

      I think one would be better educated on the subject by delving into any of the many studies on the issue of intellectual property rights as a stimulus toward innovation.

      Here is a recent one that I came upon today.

    7. Re:It is a myth that patents are incentives by L1TH10N · · Score: 1

      For the record, patents protect inventions (such as the Flowbee, and not ideas such as gravity (Newton), metaphysics (Descartes). I imagine that since Pascal was producing adding machines, he likely would've liked protection for his invention. The Wright brothers did not get a patent for flying, or the Bernoulli Effect, they got a patent for a machine that performed these functions. As for Mozart & Beethoven, this is not patent law- it's copyright. And yes, those two were quite wealthy back in their time.

      Software patents really muddies the water when it comes to what is an idea (eg Bernoulli effect) and what is an implementation that uses an idea (eg flying machine). Without software patents, Copyright is sufficient protection to protect the implementation of an idea (eg. Search advertising system implemented by Google) without protecting the idea (eg. pay-per-click advertising).

      Patents are meant to provide for incentive and protection of inventions, real implementations of ideas (that work) because putting an idea into practice involves lots of persperation and not just inspiration as Thomas Edison would put it. And if ever a legal test as to the patentability of anything technological is to be used, then Thomas Edison should be the inspiration for this test when he said that inventions are 1% inspiration and 99% perspiration. In terms of incentive, the incentive should be for those who rise above the status quo to build something that is of real benefit to society.

      Patents ought to encorage corporations and individuals to rise above the status quo and innovate. However, software patents are hampering competition in an extremely innovative industry because companies are falling into the practice of using malformed software patents as a monopoly license of common sense ideas against their competitors.

      --
      Yet another ironic recursive statement.
    8. Re:It is a myth that patents are incentives by Anonymous Coward · · Score: 0

      such as the Flowbee

      OMG, that's hilarious that someone actually created that.

      Of course prior art can be found in Waynes World II...

  26. Re:PATENTS FUCKING SUCK by flying_monkies · · Score: 1

    By saying have the sack to put your name to your opinion I'm admitting to not being interesting...?

    I think you need to put your crack pipe down and take a giant step away from it.

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    I disagree with what you say, but I'll defend your right to say it to the death - Voltaire
  27. Re:PATENTS FUCKING SUCK by Anonymous Coward · · Score: 0

    My name is Krishen Juis. There, now you know. So what difference does it make to you? Hmm?

  28. Good-Google Bad-Yahoo by artlu · · Score: 0

    Like most people ready for the Google IPO, I am expecting the IPO to come in at the low end of the range. By Google giving common shares as payment, Google is not going to be hurt by the deal only the investors. It is almost like $200-$300M of investors money will be used to pay for this lawsuit right away. Even more reasons for us day traders to short the hell out of GOOG.

    Aj

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    artlu.net
  29. Re:Patent number (incresingly off topic ;-) by elhaf · · Score: 1

    Sorry, code management. elhaf spelled backwards is...

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    Six score characters.
    Brevity being wit's soul
    I have enough space.
  30. Bell's telephone? Bzzzzt. Try Antonio Meucci by cliveholloway · · Score: 3, Interesting

    "If you invented something completely new and revolutionary, such as Bell's telephone..."

    What a great example from an IP lawyer! The telephone was invented by Antonio Meucci. He died seven years into a lawsuit with Bell. There's even been a Congress resolution admitting he invented it.

    Oh the irony.

    "Patents provide an incentive to discover and invent new things, and ensure your time, money and efforts don't go to waste."

    Try telling that to Meucci.

    cLive ;-)

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    -- Trinity in high heels carrying a whip: The donimatrix - there is no spoonerism
    1. Re:Bell's telephone? Bzzzzt. Try Antonio Meucci by lothar97 · · Score: 3, Informative
      What a great example from an IP lawyer!

      And I presume you know everything about anything in your field as well? People do make minor mistakes sometimes.

      That said, I stand corrected. I guess my knowledge for Jeopardy has been improved. That story is likely not atypical for that era, with all the railroad trusts, etc- money talks. Also, today you have 1 year in the US to file a patent application from the first sale or public disclosure anywhere in the world. Meucci would be out of luck today, as it was a decade before he filed anything.

      Not being an expert in 19th century patent law, I can make a few comments about if this happened today.

      1- The US is a "first to invent" country, which awards patents to the person able to prove they invented it first. The rest of the world is "first to file."

      2- The US now has the Disclosure Document Program, which will serve as evidence of the date of conception of an invention. You still need to file, and cannot sit on an invention for years. The filing fee is $10.

      3- Provisional patent application, which has less statutory disclosure requirements, has a $85 filing fee. Often used for filing a journal article before publication.

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  31. out of court, out of mind by Doc+Ruby · · Score: 1

    All of these PTO conflicts show there's a lot wrong with the system. But all of the settlements leave the people with no legal precedent. It makes it harder for corporations, too, but they've got a lot less risk than people who could lose their own money, and perhaps even go to jail. The PTO crisis should at least take into account the most common lawsuits, and their resolutions, even if only to perform an analysis of the system that produces them, and not to decide the merit of any specific complaint.

    So at least the PTO can gain from the current torrent of fiascos. The court system, for which the people pay, can't recoup any of its costs from these settlements without fines, but it needs a bigger overhaul than even the PTO to account for corporate abuse of its economics.

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    make install -not war

  32. Re:PATENTS FUCKING SUCK by Anonymous Coward · · Score: 0

    because I said "interesting response" and you said "not really".

    crack pipe!? ahahahahahahahahahahahahahahaha very original.

  33. Who is OS3I ? http://www.os3i.org by Anonymous Coward · · Score: 0

    Who is behind OS3i, or Open Source Software Society of India, ? Does anybody know who's running this organization ?

  34. Re:PATENTS FUCKING SUCK by Anonymous Coward · · Score: 0

    yeah dude, good point, "flying_monkies" is real ballsy of you, fucking hypocrite

  35. Each more offtopic than the last. by JUSTONEMORELATTE · · Score: 1

    Ah well, worth a try. Are you still in the city listed on the patent? How's the economy doing in that Dallas-to-Allen belt? I was down that way about a year ago, and there seemed to be a lot of office space for lease.

    Oh, and congrats on the patent!

  36. You're almost right by Anonymous Coward · · Score: 0

    Due to the dutch auction process, instead of the banks and investment firms netting the huge windfall of the people buying Google at twenty times its value, Google will get the cash. That gives Google a huge pile of money to play with. What they do with that money will determine how much their stock is worth in a few months.

    I don't think they will buy Sun or Apple, but that's the sort of money they'll have, in cash. Combine the cash with a bit more equity and they likely could take over one of those two. If they play a big card (not necessarily one of those two) successfully they could maintain their value much better than the .com boom then bust stocks.

  37. Posting ideas... by Anonymous Coward · · Score: 0

    It's more than just the idea, the idea has to be implemented. Of course, with software, implementation is a lot easier than with "real" things... FYI, Google-owned patents. The biggest problem I see is that the patent office is completely overwhelmed. A big company strategy I've noticed over the last few years is basically relying on statistics to get stuff through. IBM patents many patents a day. I'm sure the acceptance rate is not that high, but if you send in enough... after you get it in, you can bascially make as much from it as it will cost to litigate. Go lawyers.

  38. Maybe a bigger deal? by Anonymous Coward · · Score: 1, Informative

    Potentially more important than being discussed? See this piece at The Register for a different take.

  39. Do you think by madfrank · · Score: 1

    Hello this is my first ever posting to Slashdot so be gentle please. Do you think that in the next few years we could see a Google/Yahoo merger/takeover? If so what would they be called? My money is on GooHoo!. Do you GooHoo? The domain already registered though, I have checked.

  40. Makes sense by Anonymous Coward · · Score: 0

    This would explain why Google's AdWords are so expensive for buyers and so cheap for sellers - they are too busy pissing their money away on stupid things. Perhaps they will buy Linux licenses from SCO next for their massive cluster, just to be safe. This doesn't give me much faith in the company if I was a potential investor, which I am not.

  41. I'm Illiterate... by Anonymous Coward · · Score: 0

    ...you insensitive clod.

  42. is the patent legit by bmedwar · · Score: 1

    what is the nature of the patent? did overture really come up with something interesting that google used (if so, how did google get their hands on the technology), or was overture simply first in line at the patent office for the whopping idea of "matching ads to search queries"?

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