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Microsoft, Google Sue Troll Who Sued 397 Companies

FlorianMueller writes "Microsoft and Google have teamed up against a company that holds a geotagging patent and sued 397 companies last year in Texas, most of them in mid December. ... Now the two tech giants have entered the fray together and want the patent declared invalid and seek an injunction to prevent further lawsuits over it. Since the patent holder has already filed for an initial public offering, this intervention may come at just the right time to prevent the worst. Google and Microsoft say that there was prior art when the patent on an 'Internet organizer for accessing geographically and topically based information' was applied for in 1996."

35 of 176 comments (clear)

  1. Temperatures plummet in Hades by ArhcAngel · · Score: 4, Funny

    Microsoft and Google working together for good?

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    1. Re:Temperatures plummet in Hades by xmas2003 · · Score: 4, Interesting
      Yea, certainly unusual to see these the Big "G" and M working together ...

      Makes me wonder if something about the patent might actually worry 'em?!?

      --
      Hulk SMASH Celiac Disease
    2. Re:Temperatures plummet in Hades by Ancantus · · Score: 5, Funny

      Pigs, frightened by the near freezing temperatures, take to the skys.

      --
      Violence is the last refuge of the incompetent. -- Isaac Asimov
    3. Re:Temperatures plummet in Hades by eln · · Score: 4, Insightful

      Don't get too excited. Microsoft and Google both have hundreds of dubious patents to their names, so it's not like they're doing it to strike a blow in favor of sane patent reform. They're probably just doing it because once this patent trolling firm goes public, they'll have access to enough capital to start suing the big dogs (like Microsoft and Google) under these same patents instead of just going after the little fish who can't afford to defend themselves properly.

      I'm sure they'd rather spend less now to smother the company than spend a lot more later defending themselves against it.

    4. Re:Temperatures plummet in Hades by gman003 · · Score: 4, Funny

      In unrelated news, that girl from high school has finally agreed to go out with me.

    5. Re:Temperatures plummet in Hades by Red+Flayer · · Score: 3, Funny

      It would be filed under "Microgoosoft".

      The corporate slogan is:

      "Our passion, our evil".

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    6. Re:Temperatures plummet in Hades by Q-Hack! · · Score: 2

      I, for one, welcome our new Mi-Go overlords.

      --
      Some days I get the sinking feeling Orwell was an optimist.
  2. Of course prior art by Mikkeles · · Score: 4, Insightful

    It's called an atlas + gazetteer

    --
    Great minds think alike; fools seldom differ.
  3. Two things ... by gstoddart · · Score: 4, Insightful

    Two things ...

    We need the USPTO to stop giving out obvious patents that aren't really anything more than "with a computer".

    We need to stop letting everybody start legal proceedings in Texas just because it's a favorable venue. Way too many of these stories by patent trolls seem to be out of that jurisdiction.

    --
    Lost at C:>. Found at C.
    1. Re:Two things ... by turbclnt · · Score: 4, Funny

      We need to stop letting everybody start legal proceedings in Texas just because it's a favorable venue. Way too many of these stories by patent trolls seem to be out of that jurisdiction.

      are you advocating...messing with Texas?!

    2. Re:Two things ... by SquirrelDeth · · Score: 3, Funny

      I say let Mexico have Texas. Half the Mexicans are there anyway.

    3. Re:Two things ... by gstoddart · · Score: 2

      are you advocating...messing with Texas?!

      No, I'm advocating they stop letting people mess with everybody else using their court system.

      --
      Lost at C:>. Found at C.
    4. Re:Two things ... by Whalou · · Score: 2

      are you advocating *puts on sunglasses* messing with Texas?!

      YYEEEEEEAAAAAAHHHHHH.

      --
      English is not this .sig mother tongue...
    5. Re:Two things ... by bluefoxlucid · · Score: 3, Insightful

      We need the USPTO to stop giving out obvious patents that aren't really anything more than "with a computer".

      That depends.

      If you have a methodological process for, say, reading your location off a GPS, checking it against a map, and tagging it manually to a piece of data... then with a computer, this is nothing but "a computer program to do what I was doing anyway."

      If however you are sighting up things by hand and manually tagging them, the integration of a GPS with the system may be quite novel.

      Patents are about novelty. Unfortunately, all novelty is incremental. Small incremental steps are obvious, though, if they come in the common sphere or they package up what's common. Say you take a picture, check your GPS, put the location into the picture... putting a GPS in the camera to tag the picture doesn't suddenly make geotagging photographs a new invention, because you're automating what people did anyway. But if nobody thought to geotag pictures before, or they never thought to use a GPS, or they always tagged with the LOCATION ON A MAP and you integrate a system that tags the GPS coordinates and looks it up on a map as needed, you've done something nobody's thought of yet.

      Novelty is subtle. There is a lot of "This is just X done with Y" and "I could have done that..." coming from people who really, really like this idea that nobody seems to have done before. There are also cases of "everyone does this with the exact same fucking tools; you just told a computer to make it user-transparent" going on, which need to be shot down.

      Bread machines didn't pioneer the making of bread, or any individual step; but they did provide the novelty of a machine that mixes, rises, and bakes the bread in one sweep, with tools that all existed before. Note that nobody put a paddle in the base of a baking pan, stuck it in the oven, cranked it several times, let it rise, cranked it again, and then heated it up; the actual process was completely different, but using the same tools (a pan, bread ingredients, an agitator, and a heating element similar to those found in an electric oven). This was not "a traditional bread machine, but with a motor instead of a hand crank."

      The same goes for a computer: is this a traditional manual process (take picture, enter GPS information into picture) done with two computers, but we put the components together and did it manually? Or is this a traditional manual process done via other means which we recognized was possible to automate by plugging a bunch of other tools together and using a new methodology that correlates to but doesn't strictly automate the original steps?

  4. Tolkien by SimonTS · · Score: 5, Funny

    You can't use the word 'Troll' or the Tolkien estate will be after you all.

    1. Re:Tolkien by LordEd · · Score: 2

      You can't use the world 'Tolkien' or the Tolkien estate will be after you.

      http://yro.slashdot.org/story/11/02/27/1940241/Tolkien-Estate-Censors-the-Word-Tolkien

    2. Re:Tolkien by SimonTS · · Score: 2

      That's OK - they'll be after you twice as badly as after me - you used the 'T' word twice.

  5. 1996 by MrEricSir · · Score: 3, Interesting

    The patent was applied for in 1996? 15 years in internet time is like 5 decades in other fields.

    Back then, you were likely running Windows 95 and had to launch Real Player 1.0 to listen to audio online. IE and Netscape were both products you had to pay for (IE came with MS Plus!)

    Should a patent from that era really still be valid?

    --
    There's no -1 for "I don't get it."
    1. Re:1996 by _0xd0ad · · Score: 4, Insightful

      A patent is as good for as long as a patent is legally good. 20 years. It's not an arbitrary number.

      I'm pretty sure 20 years was an entirely arbitrary number.

    2. Re:1996 by meerling · · Score: 2

      Not when they set it, it was a reasonable period of time to allow a creator to benefit from his invention with a mandated monopoly while still being short enough to benefit the public with it's eventual ending and spur the inventor to continue inventing because he won't be raking in the bucks for the rest, or even most of his life.

      (Unlike copyright, which was initially shorter than patents, and now are up to something stupid like life + 90 years someone keeps up on the paperwork. That's a monopoly for the creators life, their kids, and probably their grandchildrens as well.)

      Note that a generation (not a lifespan) is considered to be 20 years. Do you see the relevance? They gave the inventor an entire generation to try and get rich off of that one thing. You want more money, create something else, or go find a new enterprise.

  6. Re:Thats nothing by Anonymous Coward · · Score: 4, Informative

    WARNING above link is to goatse.ru. (thank you, wget)

  7. Re:Pot calling the kettle black. by Angostura · · Score: 2

    So you're against - you know - looking at the merits of the individual patent case then?

  8. Re:I'd love to be a fly on the wall... by zill · · Score: 2

    Get my good friends Sergey and Larry on the phone!"

    A hotline has been established between Mountain View and Redmond ever since the Cuba browser crisis.

  9. Nice to have deep pockets by return+42 · · Score: 4, Insightful

    Gee, it's nice to be a multi-billion dollar corporation. You can defend yourself against this crap. A small start-up? A free software project? Not so easy.

    1. Re:Nice to have deep pockets by SquirrelDeth · · Score: 2

      Just like the criminal justice system. It helps the rich, screws the poor.

    2. Re:Nice to have deep pockets by h4rr4r · · Score: 2

      That is not a bug it is a feature. This is purely intentional in both cases.

  10. Shocking, I know... by _0xd0ad · · Score: 5, Insightful

    Microsoft and Google working together for their own self-interest, which incidentally is beneficial to us too.

    FTFY.

    1. Re:Shocking, I know... by izomiac · · Score: 3, Insightful

      Ya know, an interest shared by Microsoft, Google, and the vast majority of people is generally known as the common good...

  11. Re:Thats nothing by CFTM · · Score: 2

    Yes, Ubuntufan5 has been spending his/her time over the past few days posting pictures to goatse for fun.

  12. Let the inventor pay by mangu · · Score: 2

    You could put the high or a higher standard first, but you would have to fund it

    OK: have the applicants pay for the needed experts. After all, the idea of a patent is to let the inventor profit. The inventor cannot afford it? That's what banks are for. If the idea is good, he can get a loan based on his future profit. Or get a venture capitalist to fund him.

  13. Prior art is not the problem by NoSig · · Score: 4, Insightful

    The problem is not that a patent was given when there was prior art. Are we supposed to think this would all be fine and dandy if only this abusive patent troll company had filed for this patent a little earlier so that there wouldn't be prior art? The patent system was supposed to be this deal: you tell the world how you did this amazing thing, and the world allows you to control your idea for a limited time. The patent system has instead become a competition to come up with an idea before anyone else does, so that those other people can't use their own idea to compete with you.

    The premise that gives the patent system value is that the world just wouldn't have the idea available if the patent holder hadn't come along. In such a case perhaps a patent is called for. If we give patents for 20 years, the standard for giving a patent should be that no one else is likely to come up with that idea for the next 20 years assuming no patent system to motivate them. Then a patent makes sense. I doubt even one patent in a thousand could live up to that standard. The 999 other patents in a thousand are a drain on humanity.

  14. Re:Tolkien prior art for word "Troll" by cboslin · · Score: 2

    You can't use the word 'Troll' or the Tolkien estate will be after you all.

    Nope, prior art....lol...

    troll (n.)

    "ugly dwarf or giant," 1610s, from O.N. troll "giant, fiend, demon." Some speculate that it originally meant "creature that walks clumsily," and derives from P.Gmc. *truzlan, from *truzlanan (see troll (v.)). But it seems to have been a general supernatural word, cf. Swed. trolla "to charm, bewitch;" O.N. trolldomr "witchcraft." The old sagas tell of the troll-bull, a supernatural being in the form of a bull, as well as boar-trolls. There were troll-maidens, troll-wives, and troll-women; the trollman, a magician or wizard, and the troll-drum, used in Lappish magic rites. The word was popularized in English by 19c. antiquarians, but it has been current in the Shetlands and Orkneys since Viking times. The first record of it is from a court document from the Shetlands, regarding a certain Catherine, who, among other things, was accused of "airt and pairt of witchcraft and sorcerie, in hanting and seeing the Trollis ryse out of the kyrk yeard of Hildiswick." Originally conceived as a race of giants, they have suffered the same fate as the Celtic Danann and are now regarded in Denmark and Sweden as dwarfs and imps supposed to live in caves or under the ground.

    I am pretty sure, without looking...I know very very brave of me - not to look..., that Tolkien (oops violated that one...Good one LordEd) was born sometime after 1610. Either that or he lived to over 300 years old...or there abouts.

    On a more serious note, yes hard to believe that any of us would get serious about this topic..., if you enjoyed Tolkien's Trilogy, "Lord of the Rings". I know I did back in the day, you need to visit your nearest book source and read:

    Good luck putting them down, assuming of course you enjoyed Lord of the Rings.

    And if they make those into movies, I sincerely hope they do them justice! How about 6 movies from 3 books, hint, hint...

  15. Re:This is good? Are you sure? by Dunega · · Score: 2

    './' also means here, so either work.

  16. Re:I'd love to be a fly on the wall... by dkleinsc · · Score: 5, Funny

    A transcript of Ballmer's side of the conversation (with apologies to Peter Sellers):

    "Hello?... Uh... Hello S- uh hello Sergey? Listen uh uh I can't hear too well. Do you suppose you could turn the music down just a little?... Oh-ho, that's much better... yeah... huh... yes... Fine, I can hear you now, Sergey... Clear and plain and coming through fine... I'm coming through fine, too, eh?... Good, then... well, then, as you say, we're both coming through fine... Good... Well, it's good that you're fine and... and I'm fine... I agree with you, it's great to be fine... a-ha-ha-ha-ha... Now then, Sergey, you know how we've always talked about the possibility of something going wrong with the Patents... The *Patents*, Sergey... The *software* patents!... Well now, what happened is... ahm... one of those patent trolls, he had a sort of... well, he went a little funny in the head... you know... just a little... funny. And, ah... he went and did a silly thing... Well, I'll tell you what he did. He ordered his lawyers... to sue your company... Ah... Well, let me finish, Sergey... Let me finish, Sergey... Well listen, how do you think I feel about it?... Can you *imagine* how I feel about it, Sergey?... Why do you think I'm calling you? Just to say hello?... *Of course* I like to speak to you!... *Of course* I like to say hello!... Not now, but anytime, Sergey. I'm just calling up to tell you something terrible has happened... It's a *friendly* call. Of course it's a friendly call... Listen, if it wasn't friendly... you probably wouldn't have even got it..."

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  17. What is the prior art? by chrismcb · · Score: 2

    I RTFA and Google and Microsoft claim the patent is invalid because there is prior art. Although they also apparently claim their users aren't infringing on the patent. BUT what is the prior art? I also RTFP and I'm not exactly sure what it is for. I THINK it is supposed to do something similar to what Google does when you do a search and it returns places nearby. That is you want to know all of the restaurants in your neighborhood. It appears the patent is saying you can give every item a geotag, and then do a search based on geo for all items with a geotag near the geo. I think. I'm not sure what prior art existed before 1996. BUT this wasn't a novel issue. I worked for a company that discussed stuff like this in 1993. Maybe not directly related to the internet. But just throwing "internet" in the patent should not make it a patent.