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Encyclopedia Britannica Loses Information-Retrieval Patent Ruling

angry tapir writes with a snippet from Good Gear Guide: "A notorious patent case about a technology that allows people to search multimedia content may finally be coming to a close. Earlier this week, a judge ruled that two patents initially awarded to Encyclopedia Britannica are invalid. The patents were built on the infamous 5,241,671 patent first unveiled by Compton's NewMedia in 1993 at the Comdex trade show. That patent, which covered the retrieval of information from multimedia content and is now owned by Britannica, would have been relevant to the many companies selling multimedia CD-ROMs at the time."

9 of 95 comments (clear)

  1. How does this effect the OTHER companies? by Fluffeh · · Score: 4, Interesting

    I always wonder in these sort of over-rulings where common sense has prevailed, how it sits with the other companies who DIDN'T have the patent at the time.

    Is there now a resource that those companies can sue Britannica for possibly not ALLOWING them to conduct business as normal due to Britannica having a patent that's invalid?

    If I wanted to make a CDROM with some info on it, and these guys jumped in and stopped me due to a patent, and now I found out the patent is invalid, I would be (pretty rightly) pissed off.

    Any lawyers/patent-know-it-all's in the house?

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  2. Adios by Locke2005 · · Score: 4, Insightful

    I feel sorry for Encyclopedia Britannica. Like many other companies that were built on the concept of monopolizing information, they no longer have a viable business model.

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    1. Re:Adios by religious+freak · · Score: 5, Insightful

      Well, when you say you feel sorry for them, you're obviously being sarcastic. But I do feel sorry for them.. as sorry as you can feel for an for-profit corporation anyway. Britannica is obviously flailing around trying to maintain some kind of revenue as shown by this lawsuit, but to say they made money on "monopolizing" information is completely unwarranted.

      Did you ever read an encyclopedia pre-internet days (I'm guessing you're too young)? An encyclopedia was an enjoying read just like wikipedia is today. Literally EVERYTHING in the world was accessible to a young kid in 200-500 word chunks. Britannica did not monopolize information, they made it available to anyone that could pick up one of their books. That was their mission, and they did a damn fine job of it. Yes, they didn't keep up with technology and couldn't find their niche, and it looks like the company is going to die... but that really is sad - to have a company devoted to learning die off is never a good thing.

      BTW: getoffmylawn!

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    2. Re:Adios by dna_(c)(tm)(r) · · Score: 4, Insightful

      You BOTH have a point.

      They used to dedicate their efforts to making information available. Then they tried to conquer the new media restricting access to information. Now they're on the brink of failing. It is the same path to failure lots of newspapers follow.

      I too spend hours reading Encyclopedia Brittanica, mostly mechanical and scientific stuff. Probably the first thing I read in English.

  3. Oh great, 16 years later the patent is invalidated by Anonymous Coward · · Score: 5, Insightful

    Issued in 1993, invalidated in 2009, what a deal. Valid patents only last for 20 (or sometimes 17) years, so this invalid patent turned out to choke the marketplace for almost as long as a valid one would have.

  4. Re:To all people seeking software patents... by moogsynth · · Score: 5, Insightful

    Do you honestly believe the computer you are typing on now would exist without patents or be afordable enough that the average person could own one?

    What might surprise you is the fact that the computer industry was doing just fine for forty years without patents. Steve Jobs and Bill Gates (patent maximalists by anyone's standards) have said many times that if patents had been more prevalent back in the day, neither would have succeeded with their businesses.

  5. Why Britannica by Kupfernigk · · Score: 4, Interesting

    (Incidentally it's a US company despite the name). Isn't this a case where the US Government should be sued since they own the USPTO? The publishers of Brittanica shouldn't be sued because they didn't grant the patent. I think this is a really interesting idea. Companies affected by piss-poor patent granting by the USPTO should start a class action against the US Government to enforce proper patent investigation. Up till now large companies have been beneficiaries of the system more than losers, so have had no incentive to rock the boat. Small companies may have stayed quiet in case they came across a doubtfully patentable but potentially profitable idea. But once bad patents start to be invalidated, they are potentially losers, and so the balance swings towards trying to reform the system.

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    1. Re:Why Britannica by SailorSpork · · Score: 4, Insightful

      Isn't this a case where the US Government should be sued since they own the USPTO?

      Brilliant, I agree! In theory, at any rate.

      Except for the fact that if a company can successfully sue the USPTO after it revokes a patent, then the USPTO will never again revoke a patent simply out of liability avoidance. Then we've made a half-broken system all-broken.

      The process needs to be fixed at the front end, and the patent office needs to be REWARDED for overturning patents, not sued, in order to encourage it to continue this behavior.

  6. Re:Oh great, 16 years later the patent is invalida by Anonymous Coward · · Score: 5, Insightful

    That's the real problem with patents these days - they were designed in a time when 20 years still meant the patent was useful at the end; it was reasonable to give the discoverer/inventor a short term exclusive right in order to spur more invention and, overall, increase society's knowledge.

    Unfortunately, for computers, 20 year old patents are virtually worthless to society. Net result is that society is paying (by restricting itself) but not getting anything worthwhile at the end.

    (LZW compression, for example, is completely eclipsed by more modern standards *except* that it's part of certain file formats.)

    Compare to drug patents, where they are (generally - antibiotics perhaps excepted) still relevant and useful after the patent expires.

    (Plus, there is the occasional overly broad patent - no drug company would patent using any drug to cure a type of cancer; but people try and patent using a Computer to do Commerce.)