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Court Approves Google's Bid For Nortel's IP

Meshach writes "A court had approved Google's bid to take ownership of Nortel's arsenal of $900 million worth of patents and patent applications. Other bidders will have until June 13 to submit competing offers. Unfortunately, neither shareholders of Nortel nor the company's employees waiting for a pension will see any of that money."

130 comments

  1. Since Google is an advertising company by tripleevenfall · · Score: 1

    Can we really trust them not to "be evil" here? I'm personally suspicious of any company trying to stockpile patents...

    1. Re:Since Google is an advertising company by mr1911 · · Score: 5, Informative

      If Google did not have a large patent portfolio they would likely be sued out of existence very quickly. Patent portfolios are a necessity.

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      This post comes with a double-your-money-back guarantee!
      Any offense taken to this post is at your sole discretion.
    2. Re:Since Google is an advertising company by tripleevenfall · · Score: 1

      Why is it that every time I see your name you seem to be trolling, and looking through recent posts does nothing to dispel that notion...?

    3. Re:Since Google is an advertising company by Reapman · · Score: 3, Insightful

      If I've learned anything about mobile hardware, it's that it's a mine field of litigation and patents. Often the biggest complaint I hear about Android and Google is that they don't have enough patents to fight off the big guys of the mobile world - likely this is to resolve that situation.

      Compared to the alternatives I still would trust them more then the others. I guess I'm from the generation that still remembers Google as the ones that, in a way, saved the Internet from itself. Without a good reliable search engine the Internet is pretty useless - Google fixed that by not allowing better rankings by paying more $$$. They proved you don't have to pull crap like that to make money. With that said Google is a company - no company should be 100% trusted, but so far I haven't been burned by them.

      The biggest complaint I've heard is that Google sells my information. Well, let's see.. I use Google.com, and I use an Android phone. So far nobodys broken my legs. I haven't received excessive spam (Well, maybe, but GMail does a good job of blocking them if I have), nobody calls my phone asking to sell me stuff. So far all I've seen are... local ad's when searching. I am ok with that.

    4. Re:Since Google is an advertising company by mr1911 · · Score: 1

      But at least my shift key works!

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      This post comes with a double-your-money-back guarantee!
      Any offense taken to this post is at your sole discretion.
    5. Re:Since Google is an advertising company by DaMattster · · Score: 3, Interesting

      IMHO, this is a good thing for open source. Google has proved its intentions are good with the webm project and google talk.

    6. Re:Since Google is an advertising company by Thud457 · · Score: 1

      Go ahead, click the link and browse his posting history to see what an erudite and valued contributor MK is./sarcasm

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    7. Re:Since Google is an advertising company by Riceballsan · · Score: 2

      I hate to say it but both analogies are about right. It is 100% impossible to be in the mobile race without asinine patents that should have never been granted in the first place. Every company has them and the only way to counter is to respond with "oh yeah well you are infringing on my blatant obvious patent as well". So far in the patent suits I haven't seen Google actually pick a fight with anyone, only counter-suits after they are attacked. If they cannot counter they will be strangled, and there is no alternative. The only other alternative is to simultaneously abolish the moronic patents across the world, and that falls into the realm of it would be great, but not going to happen. Much like the only solution to nuclear weapons is to simultaneously erase everyone's memory of how to make them. Otherwise the only option is to want the people who aren't going to use them to "start" a fight, to be the ones who have them.

    8. Re:Since Google is an advertising company by DickBreath · · Score: 1

      Google can prove they are not evil by using these patents to immediately sue Microsoft and Oracle.
      (Samsung already has Apple covered.)

      --

      I'll see your senator, and I'll raise you two judges.
    9. Re:Since Google is an advertising company by Anonymous Coward · · Score: 0

      They have always been "evil" in the sense you are referring to. The difference is they claim never to be evil, and you believe it.

    10. Re:Since Google is an advertising company by LWATCDR · · Score: 2

      Depends. One of the things with these patents is that Microsoft cross licensed them. The rest is just what I have heard so take it with a grain of salt. They did a cross licenses deal in perpetuity. with Nortel. If that is true and it transfers to Google then Microsofts attacks on Android based on patents could come to a screeching halt.
      So is that good? Well for a lot of Android users it is and for companies that are using android it is. For Microsoft and it's share holders it is evil. For Google shareholders it is probably a good thing. In cases like this Good and Evil in a large part depend on who is writing your check.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    11. Re:Since Google is an advertising company by tripleevenfall · · Score: 1

      as I only find good grammar intimidating, I won't be cowering from you...

    12. Re:Since Google is an advertising company by Thud457 · · Score: 1

      Hey, cool! I didn't know that was on the /. achievement system!
      man, wait 'til the guys in the office get a load of this!

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    13. Re:Since Google is an advertising company by Greyfox · · Score: 1

      I'd expect them to announce lawsuits against Apple and Microsoft as soon as they can absorb information on everything contained in the portfolio (Which they've probably already done.) This will be followed by a period during which they resolve what things they have duplicate patents on and decide who loses if they start an all out legal war over the patents. If the answer is pretty close to "Everyone," they settle out of court and we never hear about it again. Pretty standard stuff, really.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    14. Re:Since Google is an advertising company by MichaelKristopeit422 · · Score: 0
      i'm sure your load will thud.

      you're an idiot.

    15. Re:Since Google is an advertising company by Anonymous Coward · · Score: 0

      The biggest complaint I've heard is that Google sells my information

      That by itself isn't extraordinary, I would be hardpressed if half of companies with a web presence aren't doing the same, possibly without it even being declaired anywhere (theres been a plenty of false or incomplete, outdated, privacy policies out there), as far as complaints about google go, most of it seams to be media sponsored paranoia, especially here in Europe, people are using facebook and willingly share every little aspect of their daily lives with the world, but they whine about street view collecting info about hotspots, oh my...

    16. Re:Since Google is an advertising company by PhilHibbs · · Score: 1

      I don't think MS are suing Google, they are suing Android handset manufacturers.

    17. Re:Since Google is an advertising company by LWATCDR · · Score: 1

      Over Android. They say it infringes. After this purchase that may not be the case any longer.

      Isn't it a sign of a broken system when a company can sue the customers for buying a product that infringes without suing the company that makes the product?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    18. Re:Since Google is an advertising company by PhilHibbs · · Score: 1

      Do the handset manufacturers buy Android? Isn't it free to use, other than the trademark which has some requirements to qualify for?

  2. IP? by Anonymous Coward · · Score: 0

    Geez, maybe the IPv4 problem is worse than I... wait, what?

  3. $900M does not go very far by RichMan · · Score: 4, Insightful

    $900M is less than what the last 3 CEO's of Nortel walked out the door with in salaries and benefits. We really really need a corporate revolution where executives are not rewarded in ridiculous amounts.

    John Roth pocketed $100M in 2000.
    http://www.cbc.ca/news/business/story/2001/03/14/nortel010314.html

    If CEO's get options they should be at only a slight discount on the current stock price and not execisable for 20 years. Long term value is what is needed. Not short term decisions which strip assets and long term strength in trade for short term magic accounting numbers.

    1. Re:$900M does not go very far by tripleevenfall · · Score: 1

      I think the system is working here. Companies that make smart decisions survive. Companies like Nortel that pay zillions of dollars to people running the company into the ground do not survive.

    2. Re:$900M does not go very far by tripleevenfall · · Score: 1

      Corollary - investors who put faith in good companies are rewarded. investors who do not are not.

    3. Re:$900M does not go very far by Walking+The+Walk · · Score: 1

      I think the parent poster was commenting that the CEO's shouldn't profit if the company doesn't.

      --
      A recursive sig
      Can impart wisdom and truth
      Call proc signature()
    4. Re:$900M does not go very far by tripleevenfall · · Score: 1

      Perhaps the company should structure the contract that way?

    5. Re:$900M does not go very far by rmstar · · Score: 4, Insightful

      I think the system is working here. Companies that make smart decisions survive. Companies like Nortel that pay zillions of dollars to people running the company into the ground do not survive.

      Is that sarcasm? You surely have not missed that those running the company to the ground and those that decided their pay were the same people? It is the common worker at such a company that suffers the consequences of the bad decisions taken by the good folks with the golden parachutes. The system is not working at all!

    6. Re:$900M does not go very far by Anonymous Coward · · Score: 0

      Yes, and the parent here was pointing out that the free market was fixing exactly that problem by making companies that do what you described (like Nortel) fail.

    7. Re:$900M does not go very far by h4rr4r · · Score: 1

      The system is working exactly as it should. You are mistaken in what way the system is designed to work.

      The people profiting are the ones in control of the system and implementing it. If you think this was not their intention you are very naive.

    8. Re:$900M does not go very far by mcmonkey · · Score: 2

      If CEO's get options they should be at only a slight discount on the current stock price and not execisable for 20 years. Long term value is what is needed. Not short term decisions which strip assets and long term strength in trade for short term magic accounting numbers.

      The very idea of giving stock options to high level executives is antithetical to the purpose of retaining quality executives who will make good decisions for the benefit of the company.

      Options given in addition to other forms of compensation are basically bribes, and as such necessarily pointless. The person who will provide an honest day's work for an honest day's pay will not be persuaded to be any more 'honest' as a consequence. The person who insists on extra benefit above salary will always want more.

      The cult of the stock option is a cargo cult. The lavish compensation package doesn't create a good CEO any more than building a runway will create planes.

    9. Re:$900M does not go very far by SETIGuy · · Score: 2

      When the compensation committee, hired by a board stacked with cronies, is stacked with cronies? I think you underestimate the power of the dark side. I think you also overestimate the power of the shareholders.

    10. Re:$900M does not go very far by CohibaVancouver · · Score: 1

      The very idea of giving stock options to high level executives is antithetical to the purpose of retaining quality executives who will make good decisions for the benefit of the company.

      Huh? If you're an exec with 100K options in Company X it's in your interest to make good decisions which in turn drive up the share value. If an exec makes bad decisions that drive down share value, it hurts *them* in the wallet. This is exactly what you want to see...

    11. Re:$900M does not go very far by memnock · · Score: 1

      It's too bad the employee get screwed along the way. I don't feel as bad for shareholders, but I do have some sympathy for them. The investors akin to speculators. I know some of those investors are people in a mutual fund who don't know a stock from a bond, but they're there because some other knownothing told them to buy a mutual fund share. Plus, they can't read the minds of the megalomaniacs who are the execs that are running the company into the ground and still walking away rich as if they had BUILT an empire, instead of screwing a bunch of people over.
      The employees OTOH have put a lot more equity into the company than an investor. They get a dime for their efforts.

    12. Re:$900M does not go very far by Anonymous Coward · · Score: 0

      Corollary - investors who put faith in good companies are rewarded. investors who do not are not.

      Really? Have you ever traded stocks?

    13. Re:$900M does not go very far by memnock · · Score: 1

      Dang. Meant to say:
      They DON'T get a dime for their efforts.

    14. Re:$900M does not go very far by Obfuscant · · Score: 2

      The cult of the stock option is a cargo cult. The lavish compensation package doesn't create a good CEO any more than building a runway will create planes.

      Oooh, an aviation analogy instead of automotive. Very nice.

      Lavish compensation will not create a good CEO. Very true. It will, however, reward (when that compensation is in options) one that works to keep the stock prices high. Just as you don't create planes by building a runway. If you build a very large and expensive runway, however, you will attract large and expensive airplanes, the owners of which are more likely to spend a lot of money at your airport.

      A 1700 foot grass strip is good for Cessna 150-type aircraft. A 10,000 foot paved surface with a precision approach at each end will attract 747s filled with people who will buy trinkets and a company that will buy a lot of gas.

      The very idea of giving stock options to high level executives is antithetical to the purpose of retaining quality executives who will make good decisions for the benefit of the company.

      Very very wrong. If the company benefits, the value of the company stays high, which means the stock price stays high. That makes stock options worth even more.

      Maybe you don't know how stock options work. An option means that you have the ability to buy stock at a fixed price (say, $1/share) even if the stock is currently trading at $1.10/share. If you are a good CEO and make the company worth more, the stock price will go up, but you can still buy shares at $1 each. If you are a bad CEO, the company goes bust, the stock plummets, and your ability to buy stock at $1/share is worthless. (I know -- as an employee I was given options as part of my hiring. The company tanked, the options were worthless.)

      Now, you may be thinking of put options, where you are guaranteed a buyer for any stock you have at $1/share no matter how high or low the price goes. This is a wash for the CEO (and thus why it isn't the kind of options used in this context) because he gets the same amount of money for his 1000 shares whether the stock tanks or it stays the same. He only profits from the 1000 shares if the price goes up, but then, he doesn't need the option to sell at a higher price.

    15. Re:$900M does not go very far by bmo · · Score: 2

      This is why that every CEO that deliberately drives a company into the ground should be tied up and shot by the workers. Because he deserves it. Golden parachutes are worthless if you can't spend it. Maybe that will put some incentive into running a company correctly. Because as it is, there is no incentive.

      Seriously.

      --
      BMO

    16. Re:$900M does not go very far by msauve · · Score: 3, Insightful

      Huh? If you're an exec with 100K options in Company X it's in your interest to make good decisions which in turn drive up the share value.

      If, by "good decisions," you mean illegally cooking the books to show greater profits than actually exist. That's exactly what happened at Nortel, and it was driven by executive compensation incentives. Of course, the ultimate result of those "good decisions" was the failure of the company.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    17. Re:$900M does not go very far by SETIGuy · · Score: 1

      Except that if the stock goes down, they'll backdate the options far enough back that they're in the black. "Backdating options" sound so much more pleasant than "stealing from the shareholders."

    18. Re:$900M does not go very far by Anonymous Coward · · Score: 0

      Keep fucking the regular Joe and when they gain the right numbers they'll fuck you right back.

    19. Re:$900M does not go very far by Anonymous Coward · · Score: 0

      Huh? If you're an exec with 100K options in Company X it's in your interest to make good decisions which in turn drive up the share value in the short term. If an exec makes bad decisions that drive down share value before they can sell all their stock, it hurts *them* in the wallet. This is [not] what you want to see...

      FTFY

    20. Re:$900M does not go very far by Anonymous Coward · · Score: 0

      I don't feel as bad for shareholders, but I do have some sympathy for them.

      I have no sympathy for the shareholders at all. It was there place to prevent this. They hired the executives. If they don't pay the price for this mistake, then there's no point in having a capitalist system.

    21. Re:$900M does not go very far by JAlexoi · · Score: 1

      Stock traders speculate, they don't invest. Therefore stock traders are not investors.

    22. Re:$900M does not go very far by JAlexoi · · Score: 1

      Well when the largest shareholders occupy the board and own 50% +1 share, there is no way they are going to listen to the others. In fact, people tie up the value of the company to the share price on the exchange that they feel that a dropping price is the same as wealth reduction.

    23. Re:$900M does not go very far by JAlexoi · · Score: 1

      It's called capitalism. If you pray to it, then live with it.

    24. Re:$900M does not go very far by JAlexoi · · Score: 1

      And the execs make "good decisions" that benefit stock traders that speculate on stocks and benefit their income when they sell the stock. Investors, I mean proper investors that care about actual profits and company value, are in for the long haul. CEO will cash out ASAP. He has no interest in driving up income, he has interest in driving up profit expectations and profit margins. These drive up the price of their stock, so that they can sell it back to the long term investors. At that time long term investors are given shares at an inflated price of a company that will go down in a few years. Not all companies are like that, but even IBM's CEO did that to cash out his stocks and that is a company that is about 120y/o.

    25. Re:$900M does not go very far by Anonymous Coward · · Score: 1

      Don't get me started on Nortel... oh, too late...

      Not when the CEO/CFO inflate the numbers to drive up the price, so that they can exercise their options before the truth came out and the price sinks. The last jackass^H^H^H^H^H^H^H CEO that Nortel had, "negotiated" a pension that if he worked there for 5 years would guarantee him a retirement salary of $500,000, and if he should die first, his wife would get $350,000. This was on top of the $27 million they had to pay him, so that he could pay his Motorola for violating his non-compete clause (it was only $20 million he had to pay Motorola, but Nortel also covered the tax on that payment so that it was tax neutral). Back on the subject of pension, within 6 months he tells the employees that these 'defined benefit' pensions are unsustainable. And at the end of next year, whatever you've accrued is all that you get. And he made a point to say that even though he didn't have to, he was voluntarily cutting his pension down to "only" $350,000 per year.
      He also got $7.5 million in restricted shares, a $1.2M salary (which was 50% higher than the CEO was making in 2000), a hire-on bonus of between 200-400% of his salary - to be determined later, and a yearly bonus of 100-300% of his salary.
      Taxes are higher in Canada, vs. Chicago, IL were he was from, so he also negotiated that taxes would be calculated as if he lived in Chicago, and the company would pay he enough extra such that his take home pay would be the same as if he was living in Chicago.
      With one of these "extras", any regular worker would be able to retire, but even with all of the the CEO still needed the company to pay for his retirement. I sure hope he doesn't get to claim the pension.
      The CEO in 2000 - Roth also had some interesting perks. The one I remember, was his 0%, $1,000,000 house loan. It was structured with no payments for the first 3 years, then 20%/year for the next five years. When it came time to make his mortgage payment, the CEO paid a quarter of what was due ~$50k, and the remaining $150k was "forgiven" by the company (as stated in the annual reports). Since it was kind of embarrassing that our CEO couldn't make his house payment, I posted the information on my cube wall and suggested that all the employees donate for the CEO's mortgage payment. At the time I think it would have just been about $3/employee. ;-) Apparently my director had walked by my cube, when I wasn't there, and was NOT happy with it. I was told that I should take it down... I think I left it up until that CEO was gone and replaced with the CFO that caused all the "accounting.

      Options can provide the opposite of what you want to see, if their short-term decisions drive the price up first before crashing down ( Nortel had two 1 for 10 reverse stock splits - meaning after both of those for every 100 shares you used to have, you now have 1 share. The price also went from ~$80 to about $0.03 now, so factoring the reverse split, for every $8000 of shares, you now have $0.03, or $8,000,000 down to $300.) At least the CEO in 2000 got out with all the cash before the shares came crashing down.

    26. Re:$900M does not go very far by SydShamino · · Score: 1

      A good option (for the employees and regular investors) would allow the CEO to buy that $1/share option only if the share price is over $2/share, and only if it has been over $2/share for the last twelve successive quarters (or over $3/share for the last ten, or over $4/share for the last eight).

      Any CEO in the job for the good of the company should readily agree to that.

      --
      It doesn't hurt to be nice.
    27. Re:$900M does not go very far by TooMuchToDo · · Score: 2

      I'm gonna go long pitchfork futures.

    28. Re:$900M does not go very far by JAlexoi · · Score: 2

      Ah... You're an idealist. Let's see how much money and how worthless executive compensation was for Lehman Brother's CEO? Yep, he netted over half a billion over 14years. Granted, it's OK. Over 14 years he actually earned between 50-100 million, the rest were stocks. So why wasn't that wealth wiped out when he ran the company into a bankruptcy? That is why the system is broken.

    29. Re:$900M does not go very far by Dan541 · · Score: 1

      Even better for the employee is that they are going to be working for the same CEOs again at another company.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    30. Re:$900M does not go very far by Anonymous Coward · · Score: 0

      (Nortel is a "local" company for me)

      Yea, but many peoples put their retirement into that thing and the action went from 120$ to 0.79$ in 6 month, it caused quite a lot of bankruptcy of honest peoples because the bank bought those actions for them.

    31. Re:$900M does not go very far by billcopc · · Score: 1

      Meh. All money is funny money anyway. If you believe otherwise, you need to read up on fractional reserve banking.

      Stocks, dollar bills, government bonds... none of these hold any intrinsic value, and thus all of them can become worthless with a stroke of the pen.

      --
      -Billco, Fnarg.com
    32. Re:$900M does not go very far by yuhong · · Score: 1

      Long term value is what is needed. Not short term decisions which strip assets and long term strength in trade for short term magic accounting numbers.

      Yea, I have considered stock price based compensation fundamentally flawed for a while now.

    33. Re:$900M does not go very far by The+End+Of+Days · · Score: 1

      I think the government should make that decision. I mean, Obama killed Osama. Clearly he knows best.

    34. Re:$900M does not go very far by The+End+Of+Days · · Score: 1

      Is it your contention that you've described the norm, or do you realize that was an exceptional case?

    35. Re:$900M does not go very far by The+End+Of+Days · · Score: 1

      What does the "common" worker bring, outside of common skills that millions of others can bring?

      If the best you can do is press a button over and over, you shouldn't feel too down about not really getting the big bucks. I know, I know... on populist Slashdot, we're all for the workers revolution. It's never worked before, but hope springs eternal in the mind of the middle class.

    36. Re:$900M does not go very far by Imrik · · Score: 1

      How about if the CEO can exercise it whenever he wants but he can't sell the stock for 10 years after he buys it.

    37. Re:$900M does not go very far by Anonymous Coward · · Score: 0
      Really?

      Then why do GM and Chrysler still exist?

    38. Re:$900M does not go very far by Anonymous Coward · · Score: 0

      If you don't li

    39. Re:$900M does not go very far by gtall · · Score: 1

      yes, dumb companies do not survive, but on the way out, they destroy the economic lives of many fine upstanding workers. In this sense, the system is not working at all for them.

    40. Re:$900M does not go very far by Icyfire0573 · · Score: 1

      Your mistaken, it is only in the person's interest to drive up the stock in the short term as high as possible to cash in, if it screws the company, oh well, he got his money.

    41. Re:$900M does not go very far by PhilHibbs · · Score: 1

      The employees OTOH have put a lot more equity into the company than an investor.

      Well that was a pretty dumb thing to do.

    42. Re:$900M does not go very far by Ash+Vince · · Score: 1

      Corollary - investors who put faith in good companies are rewarded. investors who do not are not.

      The problem is that many of these investors did not have much choice, they were simply working for Nortel and their pension was in company stock. If I work for a company and get a company pension I have very little choice how that is invested on my behalf. Some of these people losing out have probably worked 20 or 30 years thinking their retirement was covered and have just discovered they are redundant and also looking forward to a pennyless old age.

      Actually not quite pennyless, but capped at £28,000 per year in the UK and $54,000 in the US. Also in the US people will only be able to claim their pension at the age of 65, so if you are 55 and have just retired or are about to you now have no money and have to try and rejoin the job market. The IT and mobile device sector is not exactly the best place to have to find work if you are in your late 50's.

      http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article5536942.ece
      http://wraltechwire.com/business/tech_wire/news/story/5596907/

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    43. Re:$900M does not go very far by ResidentSourcerer · · Score: 1

      Remuneration for Company Officers
      I can hear the squeals from here...

      Right now corporate executives of large companies are paid very large salaries with even larger bonuses, bonuses that they seem to get even as they waddle up to the trough for a government bailout.

      There is no incentive to think beyond the next quarter, or at most, next bonus period. I watched an interview on one of the news documentary shows where an official admitted he knew the bubble would burst, but was going to make money as long as he could, then walk away.

      Never mind bears and bulls, Wall Street seems to be owned by pigs. I'm sure I'm casting aspersions on many solid officers. Bad apples and all that. But where is the incentive to think beyond the next annual report?

      Here's a solution. Tell me why it won't work:

      Suppose that Company officers were paid a reasonable stipend -- no better than, say, a good doctor or senior engineer, but also received the dividends from a block of common shares of the company for the next 20 years. They would not receive the stock. Only the dividents from the stock. Or if they did receive the stock, it could not be sold until the 20 years was up.

      So I get an offer to be CEO of Almagamated Consolidated. I get an up front salary of $200,000 per year. I also get the dividend from 100,000 shares of AlCo. Now AlCo has been a good company, and pays $4 a year in dividends. This, in effect, triples my salary. And, even if I quit AlCo this year, I will get another 19 years of dividends from AlCo. If I do a good job of running AlCo and the dividend rises to $6, then I've raised my salary for that year by a healthy amount.

      Next year I get another 200,000 salary, and another block of shares' dividends.

      At the end of 20 years I'm getting dividends from 2,000,000 shares of Almalgamated Consolidated. If I've done a good job of running the company, this should be a tidy bit of change. If ownership of the shares was part of the package at this point I can now sell the first block of shares. But even if I retire today, the payments will continue for another 20 years, and I'll be holding shares for another 20 years. I'd better leave the company in good shape with a good man at the helm.

      Look at what this does:

      The people who run the company now have a huge incentive not to look at the next quarter's earnings, but to try to plan for the long haul.

      I won't guarantee that I've picked the right numbers. Depending on the goals of the company it might be 10 years. Or 30 years. It's not a stock option. It's a stock compulsion.

      Indeed I think that this form of remuneration should carry down through the ranks. This would build a financial backing to company loyalty as well as make life run more smoothly when layoffs happen.

      And wouldn't that be an exciting change?

      --
      Third Career: Tree Farmer Second Career: Computer Geek First Career: Teacher, Outdoor Instructor, Photographer.
    44. Re:$900M does not go very far by Kamiza+Ikioi · · Score: 1

      Why? Seriously, why? The shareholders vote the board, the board votes the salary. Who's hurt here? We're not even talking banks here, but every corporation down to little mom-pop run ones where the shareholders are family. Who cares what the CEO makes? You wanna pay less, buy stock, and vote to pay less.

      But, you say, rich shareholders put in rich friends, and everyone votes everyone else up. Well... yeah. Cause they OWN the company. If I own a company, I'll pay myself whatever I please, tyvm.

      --
      I8-D
    45. Re:$900M does not go very far by SiChemist · · Score: 1

      The rich shareholders don't "own" the company. They control the company. There are many other investors whose interests are ignored.

    46. Re:$900M does not go very far by harryjohnston · · Score: 1

      The problem is that many of these investors did not have much choice, they were simply working for Nortel and their pension was in company stock.

      Does anybody else think this is a very bad idea? Investments should always be diverse, and if you are going to invest everything in one company the company you work for seems a particularly bad choice.

      What were the trustees thinking? (There were trustees, I hope? The US isn't daft enough to let companies manage their employee's pension schemes themselves?)

    47. Re:$900M does not go very far by mcmonkey · · Score: 1

      I understand how stock options work.

      And no, I don't believe just building a runway, no matter how long, will attract jumbo jets, unless there is some other attraction in the area and the jet and runway are just means to that end.

      Perhaps a better analogy are the recent studies in paying students for performance.
      http://www.time.com/time/nation/article/0,8599,1978589,00.html

      The result of paying students for good grades? Basically, it doesn't work. Why? Because if you don't know what you need to do to get good grades, money won't change that. When asked how they would react to an offer of money in exchange for better grades, most students talk about cheating or finding some 'system' of acing standardized tests.

      Which makes sense. You offer to pay for grades, students try to give you grades. And nothing more.

      If you take a different approach, offer to pay students for doing the things that can lead to better grades--reading a book, completing assignments, etc--then you get the thing you really want, students who learn how to work to learn, and better grades happen as a consequence.

      If you reward your CEO for higher stock price, you shouldn't expect anything other than a higher stock price. Don't expect a more stable company. Don't expect to be prepared for changes in technology. Don't expect benefit to the long term buy-and-hold investor.

      If you reward your CEO for giving quality leadership, the company grows and the stock increases in value as a consequence.

      The issue with the difference is how you measure the quality of a CEO. If your only measure is stock price, then absolutely, pay your CEO in stock and options.

      I think my point about options being a worthless bribe stands. If a CEO is paid $millions in salary, yet isn't capable or motivated to do a good, honest job, then all the options in the world won't yield a better or more honest CEO.

    48. Re:$900M does not go very far by SydShamino · · Score: 1

      I think that makes them, as "options", worthless. The CEO has to invest his own money to buy the stock (rather than have the money fronted by his broker as is done in a single-day sale), and then hold it for what could be the length of typical employment. It would make more sense for him to execute immediately if he wanted to stick with the company for ten years, which is no different than him simply buying the same number of shares on the open market (assuming he wasn't getting some sort of look-back deal on his option price).

      Now, if you want to proceed with your line of thinking, I'd suggest doing it as a stock grant. Grant the CEO shares, but require him to hold them for 10 years until they vest. If he leaves the company before they have vested he loses them.

      --
      It doesn't hurt to be nice.
  4. The Stock Market Is Not Your Mother by Anonymous Coward · · Score: 1

    It does not exist to provide you with a steady flow of warm fresh milk poured into your mouth. It is thousands of other men and women looking to take money out of your pocket and put it into their own.

    - Alexander Elder.

    If you don't like those terms, then don't play the mother-fucking stock market. Get a life and go put your money elsewhere. If you're a Nortel pensioner, or some stupid ass pension fund who bought Nortel stock, then you ought to be smart enough to know that bondholders get paid out from [what is essentially a bankruptcy] sales first. Not shareholders. Bondholders.

    Little bit of wikipedia on how the bond/equity holdings work and then no one will be pussy-sore over the fact that this money isn't going to a bunch of stupid retired fucks.

    1. Re:The Stock Market Is Not Your Mother by mingot · · Score: 1

      I like the cut of your jib.

    2. Re:The Stock Market Is Not Your Mother by bmo · · Score: 1

      Some day you will become old.

      --
      BMO

    3. Re:The Stock Market Is Not Your Mother by Anonymous Coward · · Score: 0

      Yes, and I'll still understand 100% of the above.

    4. Re:The Stock Market Is Not Your Mother by SETIGuy · · Score: 1

      You might be pretty pissed if you don't have any money, food, or housing to go along with your 100% understanding.

    5. Re:The Stock Market Is Not Your Mother by bmo · · Score: 1

      Then you will realize why you are going to be fucked over in your old age, when that tidy nest egg that you've built is stolen by thieves.

      Because that's where we're headed. The individual investor is the chump. And it doesn't matter how educated you are on the market, those on the inside always know more than you and have more pull.

      Seriously, you are 12 years old and living at home.

      --
      BMO

    6. Re:The Stock Market Is Not Your Mother by Anonymous Coward · · Score: 0

      I'm not going to subject my nest egg to thieves. Currently, that includes Bernanke and Obama, who are more interested in stealing my current earnings and shoveling them to their banker and union thugs (respectively, and collectively). Which is why I will vote Tea Party every time until we restore sanity to the dollar and sanity to our fiscal matters.

      And for the record, I trade the stock market for a living, and do quite well. And I'm a great deal older than 12.

    7. Re:The Stock Market Is Not Your Mother by pavon · · Score: 1

      And beyond that, the majority shareholders of Nortel allowed the executives to take out loans from creditors, presumably because they thought it might save the company. The board could have just as easily prevented the company from going into debt, and instead liquidated it while it was still in the black so the shareholders would get something. But they didn't, and it is only fair now that the creditors get paid before them.

      Pensions on the other hand ...

    8. Re:The Stock Market Is Not Your Mother by Anonymous Coward · · Score: 0

      That's the wonderful thing about the Internet.
      12 year olds can pretend to have what ever job they want!

    9. Re:The Stock Market Is Not Your Mother by SETIGuy · · Score: 1

      How does that kool-aid taste? Restore sanity to the dollar and sanity to fiscal matters? All I see from the tea party are demands to do the opposite. And they tie their insane fiscal policies with insane social ones. "Give the rich a break. Tax them cheapskate poor people, and make sure they can't get news from anyone but Fox. I know that 85% of welfare goes to white women, but its 'the blacks' that are the problem. And I'm not racist because I have lots of black friends. Look at this picture I drew of Obama throwing spears. But don't you dare cut Defense. Old people aren't going to need health care 10 years from now anyway."

      We'll see how well your investments do after the Republicans force default on the debt in another attempt to defund Planned Parenthood.

    10. Re:The Stock Market Is Not Your Mother by Anonymous Coward · · Score: 0

      Even when you're old, the stock market is still not your mother.

    11. Re:The Stock Market Is Not Your Mother by lgw · · Score: 1

      Have you ever actually talked with a Tea Partier? It's amazing how the American left ascribes all sorts of beliefs to those they disagree with, without actually taking the time to learn their actual beliefs. You do make one good point: your strawman really is one evil bastard.

      BTW, do you support corporate welfare in general, or just for your favorite corporation(s)? (And you do know failing to raise the debt ceiling won't mean default on the debt, right? That was just hyberbole, not ignorance, right?)

      --
      Socialism: a lie told by totalitarians and believed by fools.
    12. Re:The Stock Market Is Not Your Mother by bmo · · Score: 1

      Protip: We have a self tea partier in the thread.

      He's a lunatic. As are a vast majority of them are. All you have to do is go over to the Free Republic echo chamber to get more than enough evidence that the Tea Party is composed of idiots.

      And I am on the left, and I think that corporate welfare is a fucking crime. No favorite corporations. They all should stand on their own or fail on their own. The thing is, the Right confuses welfare for the rich and corporate welfare with "investing" in the "free" market.

      --
      BMO

    13. Re:The Stock Market Is Not Your Mother by SETIGuy · · Score: 1

      Yes. I have lots of relatives and even a few friends that are Tea Partiers. The ones who complained about having to send their children to a private school because of the Mexicans. The same Mexicans who wrecked their church. The same ones that don't mind using the N-word in their facebook posts. Beyond racism, their main concern is money, and how baby killers and black people are getting all their tax money. And how they pay so much in taxes that it's tough to afford a second house (because they didn't want to sell the first one when they moved) and $22k/year in private school tuition. Or $35k/year a year in Private College tuition. Of course they can't send their kids to a public college, because budgets have been cut so much that their kids can't get in. (When I went to a public college, it promised admission to the top 50% of high school grads. Now it's got a top 5% guarantee, because nobody wanted to pay for building new campuses.

      I unfortunately own some property with one of these jerks, who bitches about property taxes and never pays on time and wants to split the penalties. He just turned 56, so he's all for Ryan's medicare destruction. And they all want capital gains taxes eliminated.

      Of course, these are all people who went to public schools when they were kids, and went to public colleges. One set's father was a public school math teacher. If he was still alive, they'd cut his pension. The rest have parents are on social security and medicare. All these people took what they wanted from the system and don't want to give anything back. They want a flat tax, which they are wrongly convinced would lower their taxes. I try to convince them that you'd only pay less if you're in the top 2%, but they don't want to hear it. Stop telling me my taxes are lower than they've ever been, I want the lower.

      Anyway, your strawmen don't work either. I might be a bit more knowledgeable than you thik. I don't support corporate welfare either as subsidies or tax breaks. I would support a flat tax for corporations lower than 35%, assuming it would be on income where earned. In other words no shuffling profits to the caymans while lobbying congress for a tax holiday so you can repatriate them.

      I know that failure to raise the debt ceiling doesn't necessarily mean default. The practical effects on the country and the markets are the same and it's going force default anyway. I know you think there's tons of unnecessary spending in the budget there really isn't. What, are you suggesting preserve defense and social security and get rid of everything else? Who needs the FAA anyway! Or VA hospitals! Or Healthcare for seniors. It would usher in libertarian utopia. For a few seconds, at least, followed by 30% unemployment, and hyperinflation. You may find that desirable. I do not.

    14. Re:The Stock Market Is Not Your Mother by SiChemist · · Score: 1

      You experience with Tea Partiers mirrors mine. They've reaped the benefits of our current system and now want to deny them to future generations.

    15. Re:The Stock Market Is Not Your Mother by lgw · · Score: 1

      They've reaped the benefits of our current system and now want to deny them to future generations.

      Are you aware that the current system cannot be there for current generations? If there is no money, you can't be paid. Social Security has deep financial problems (mostly because the "trust fund" was spent on other things), but something close to it might be salvagable with higher taxes. I'd prefer a system where I saved for myself one where the goernment takes money from my grandchildren and gives it to me, but regardless of the form it takes it's possible.

      But Medicare? You'd need to come up with another million dollars per taxpayer to meet its expected obligations for people currently in the system. That money just doesn't exist. Even seizing all the assets and all the future income of everyone making more than $250k per year (who are apparantly so evil as to make that action acceptable), you wouldn't come close.

      If we acknowledge the problems now we might find a graceful exit, where no one who currently depends on them for survival is just dropped, but if we keeps denying the problems then the programs will collapse suddenly, and that's no good for anyone.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    16. Re:The Stock Market Is Not Your Mother by lgw · · Score: 1

      So, BMO, you say "No favorite corporations. They all should stand on their own or fail on their own." I agree. So do you support the government continuing to give money to the Planned Parenthood corporation, or not? Perhaps we agree on that as well.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    17. Re:The Stock Market Is Not Your Mother by SETIGuy · · Score: 1

      Social security is fine. Just get rid of the income cap and it's good for a century. Medicare does need fixing, but capping per person expenditures won't do it. Health care costs will still rise, they just won't be on your tax bill. Insurance companies will take the vouchers and provide nothing. There's only one way that will work to bring medical costs down and that is across the board single payer. Drug prices too high? Negotiate lower ones or choose a different medication. Unnecessary MRI? No reimbursement. Maybe if the Doctor isn't getting paid, he'll learn how to diagnose rather than throwing darts at the "which test next" dartboard. Provide and enforce a way for doctors to choose medications based on effectiveness rather than newness.

    18. Re:The Stock Market Is Not Your Mother by lgw · · Score: 1

      Social Security is not "fine", because its cashflow negative, and that cashflow must come from the general fund, and the general fund is so damn overdrawn that we're printing money like crazy while borrowing as fast as we can. That's not a problem specific to Social Security, but it's still a problem with Social Security.

      Also "we'll magically reform the entire medical system so costs will drop" is not a financial plan. It's a good idea, of course, but not an actual plan of the sort to re-assure our creditors. We need an actual financial plan that doesn't assume magical reform of a nationwide market will happen just because it would be nice.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  5. why by Anonymous Coward · · Score: 0

    >Unfortunately, neither shareholders of Nortel nor the company's employees waiting for a pension will see any of that money.

    Why?

    1. Re:why by Anonymous Coward · · Score: 0

      Stockholders a just about last in the line of creditors, just ahead of pensioners who get nothing regardless of whether there's money left over thanks to recent court decisions. The government gets to cover their pension (at significantly less that they were promised). The people disassembling the company are first in line at the trough, bond holders are next, followed by executives. Then come general creditors and employees owed back wages. Stockholders split the remaining nickle.

  6. On Election day, this comes out... by tlhIngan · · Score: 1

    Great. This comes out on election day... when the once bright star of Canadian high-tech companies is sold in pieces to various non-Canadian interests.

    (trying to be as non-political about it...)

    1. Re:On Election day, this comes out... by Mashiki · · Score: 2

      Yeah well nortel tanked pretty hard on their own stupidity. Much like how BCE is doing.

      --
      Om, nomnomnom...
    2. Re:On Election day, this comes out... by Anonymous Coward · · Score: 0

      Get use to it. The USA has been doing it for decades.

    3. Re:On Election day, this comes out... by LWATCDR · · Score: 1

      Wait for RIM to be next.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  7. Disability Pension by Anonymous Coward · · Score: 0

    Nor will my aunt, who is disabled and who has lost her *ENTIRE* pension, see a penny.

    1. Re:Disability Pension by vakuona · · Score: 1

      Not that it will help your aunt, but this is one good reason to _not_ have a pension that is dependent on your company's survival. Not unless you are the CEO and/or wouldn't mind losing your pension.

    2. Re:Disability Pension by SETIGuy · · Score: 1

      It's not like you get a choice in the matter. Not too long ago pensions weren't dependent upon a company's survival. Pensions needed to be prefunded, and were not considered a part of the company's assets during bankruptcy. A (Republican) judge changed that during one of GM's bankruptcies. So, of course, GM threw it's pensioners onto the Pension Benefit Guarantee Corp., a government run fund that guarantees pensions. So the billions that GM owed pensioners became billions that the government owes pensioners.

      Since then, companies treat their pension trust funds like a slush fund. They underfund them, despite laws that a supposed to require full funding. And once bankruptcy comes around they grab the money and put it on the taxpayer's credit card. Not that the Congress has done anything to prevent this theft of public money.

      So, if you're one of the few people left that actually gets a pension, hope you're in an industry where the union runs the pensions. Otherwise, never look at your pension benefit statement because it won't be there for you. Fully fund your 401k, and hope that your employer doesn't force 100% to be invested in company stock. The instant you smell trouble, jump ship and roll over your 401k into an IRA. Even then don't be surprised if you lose it all. There's no such thing as a safe asset. Even gold isn't safe, unless you're holding it in your hands. Futures for about 5 times more gold than exists have been sold. If everyone wants delivery, there will be another crisis as all the houses that sold gold futures collapse. Investors who shorted gold won't be able to cover. People who thought they owned gold won't actually have any. Not pretty.

    3. Re:Disability Pension by lgw · · Score: 1

      Defined benefit pension plans just need to be outlawed - nothing good can come from that practice.

      401Ks (and the similar programs) work fine (just avoid stock in the company you work for - that should be illegal as a 401k choice), are immune to the sort of theft you mention, and, since those assets actually belong to us, make us the owners of the means of production (at least to some extent).

      Have any links to quantity of outstanding gold futures being so high? That sounds like a misunderstanding of how the market works, to me.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    4. Re:Disability Pension by SETIGuy · · Score: 1

      Defined benefit pension plans just need to be outlawed - nothing good can come from that practice.

      Apart from people actually having pensions which is a good thing that comes from that practice. Have you checked what the average 401k balance is? To which you'll probably respond "That's not my fault." To which I respond in advance, "It's not the pensioners fault that their employers don't fund their defined benefit plans, either, and it's only congress's fault that pension assets can be liquidated in bankruptcy. When you're working for $9/hr it's tough to keep that 401k fully funded."

      Regarding the gold futures markets: Gold clearing houses don't need to be in possession of gold they write contracts for, and most contracts are never exercised through to delivery. It's a big weakness in most commodities markets that encourages speculation, like the type that is happening in the oil market now. Most people buying oil futures wouldn't be doing so if there was a chance that they would have to take delivery. The actual numbers I saw in a article about the University of Texas taking delivery of a billion dollars of gold and how the clearing house had some difficulty doing so. That house estimated they could come up with about 5% of the gold needed to make delivery on all of their contracts. I did some Googling and found the 1/5 elsewhere.

    5. Re:Disability Pension by lgw · · Score: 1

      You seem to have a fundamental misunderstanding of commodities futures markets. All contracts are delivered - if you write a corn futures contract, you will put 5000 bushels of #2 yellow corn onboard rail cars on the contract date (or a different grade at a slight, fixed discount/premium). However, a contract trades a great many times in its lifetime, and likely only the originator and final owner have any actual intrest in physical corn - and sometime not even then, as speculators might store the corn for a while if future prices are a lot higher than spot prices.

      I suspect you're thinking not of gold futures but of gold certificates (and I believe most gold contracts are for certificates not physical gold), which people may indeed be cheating on. Governments will cheat on the currency no matter the form it takes: gold coins become "gold-ish", gold certs become less than fully backed, and fiat currency gets QE2, apparantly.

      I see UT did actually get its gold, however.

      BTW, both 401ks and pension plans have both employee and employer contributions. If there's something legal that prevents employers from paying into 401ks as much as they paid into pension plans, we should fix that. But having the money in your name instead of your companies name (or worse yet, the government's name) while it grows can only be a good thing.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    6. Re:Disability Pension by SETIGuy · · Score: 1

      BTW, both 401ks and pension plans have both employee and employer contributions. If there's something legal that prevents employers from paying into 401ks as much as they paid into pension plans, we should fix that. But having the money in your name instead of your companies name (or worse yet, the government's name) while it grows can only be a good thing.

      There's nothing about 401ks that requires employers to contribute. Mine does not. There's nothing about 401ks that prevents employers from specifying what you must invest in. In fact the design of 401ks required that the employer choose the investment manager or manage the 401ks themselves. Your employer can decide tomorrow that all 401ks need to be fully invested in the company stock. It's not really true that that money is in your own name. It's got your employer's name all over it, they can tell you how to invest it, and all it takes is another well bribed bankruptcy judge to decide that 401ks are company assets for it to disappear. The only thing you can do is quit and roll it over into an IRA before that happens. (Your IRA isn't owned by you, either. The bank or brokerage holds custody of it for you until you decide you want to pay taxes on it. So far the law doesn't allow them to take it from you, except through fees. But with this congress, who knows.)

      The way defined contribution pensions used to work is the company or union set up a pension fund and kept it funded according to rules set up by the government. So long as those rules were enforced, it was great. You can lose everything in a 401k. Or you might do better than you would in a defined benefit plan. But now, the defined benefit plan can be taken away by the company, too. But as originally defined, you couldn't lose everything in a DBP except through hyperinflation.

    7. Re:Disability Pension by lgw · · Score: 1

      The government can always take your wealth in any form, because they have most of the guns. Chaves stole all his country's 401k-equivalents, IIRC. But different kinds of accounts represent different levels of desparation in government theft, and it's an important distinction.

      A 401k or similar program is a set of securities that you own in your name (all individual accounts are really held in a brokers name on your behalf - this has never been a problem). You point out a real problem that the company still has it's fingers in the pie a bit too mich, and I agree, but an inividual account is still the least vulnerable.

      Money held in a corporate pension plan are weaker - vulnerable to perverse invecntives for the company to underestimate the level of contribution required to meet the pormises made, or be acquired by a company that does. There are no structural advantages over an individual plan here, just a big target for raisers.

      Money held in a government pool is the worst, since it is the easiest thing for the government to get away with raiding. For example, most people still don't realize that the US government (mostly from Reagan through Clinton) has already stolen all of the "trust fund" - stole all that money and the people barely complained.

      All of which as completely orthagonal to the question of how retirement accounts should be funded so that old people aren't starving on the streets. Regardless of the form a retirement account takes, personal, employer, and governments funds can be added to that account in whatever mix you think is needed - that's a distinct discussion.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re:Disability Pension by lgw · · Score: 1

      err, "big target for raiders".

      --
      Socialism: a lie told by totalitarians and believed by fools.
  8. That's why we call it "bankruptcy" by kriston · · Score: 1

    Unfortunately, that's why we call it "bankruptcy."

    --

    Kriston

  9. Nor should they see any of the $$$ by Anonymous Coward · · Score: 0

    The people who loaned the company money, aka "The Creditors" should always get first dibs as defined by law. Duh. I hate it when people add stupid comments like the one about no one will see the money. Idiots that don't care about the law will remain idiots, and poor ones at that.

  10. Agreed on the shareholders by pavon · · Score: 2

    For the pensioners, it should be considered criminal fraud to offer a defined benefits pension without having money in the bank to back those promises.

    1. Re:Agreed on the shareholders by Anonymous Coward · · Score: 1

      In the US at least, private sector pension benefits up to $5400 at age 65 (reduced for ages less than 65) are guaranteed by the PBGC. That only kicks in if the backing corporation goes bankrupt. If they don't go bankrupt, they're required to put in the money it takes to fund the benefits.

      I don't know about Canada, but in the US, after the Pension Protection Act, private sector pension funding is currently pretty strict with funding requirements which require a funding period of 7 years. Arguably, the funding could be stretched over the remaining lifetime, or the remaining working lifetime of the participants.

      For the record, guy who works in defined benefit pension consulting here. And FYI, when the economy turns back around, you really should be pushing for companies to reinstate their defined benefit pensions, because defined contribution plans like 401k's are a raw deal for employees.

    2. Re:Agreed on the shareholders by Anonymous Coward · · Score: 0

      In the US at least, private sector pension benefits up to $5400 at age 65 (reduced for ages less than 65) are guaranteed by the PBGC. That only kicks in if the backing corporation goes bankrupt. If they don't go bankrupt, they're required to put in the money it takes to fund the benefits.

      I don't know about Canada, but in the US, after the Pension Protection Act, private sector pension funding is currently pretty strict with funding requirements which require a funding period of 7 years. Arguably, the funding could be stretched over the remaining lifetime, or the remaining working lifetime of the participants.

      For the record, guy who works in defined benefit pension consulting here. And FYI, when the economy turns back around, you really should be pushing for companies to reinstate their defined benefit pensions, because defined contribution plans like 401k's are a raw deal for employees.

      My mistake, it's $4,500 per month, $54,000 per year for 2011. The rest stands.

  11. Patents =/= IP by wall0645 · · Score: 1

    Can we stop using the term "Intellectual Property" to refer broadly to trademarks, copyrights, and patents, which all operate under different rules and have different motivations? By lumping them all together you are muddling the important issues and giving unfair advantage to potentially undesirable ideas. It's quite simple: "Court Approves Google's Big for Nortel's Patents"

    Was that so hard?

    1. Re:Patents =/= IP by The+End+Of+Days · · Score: 1

      By lumping them together in discussions where the details don't matter, you avoid worrying about details that don't matter. I know the holy book of RMS says you have to fight this wherever you found it, but that war is lost. The world isn't getting rid of intellectual property anytime soon, no matter how amazingly utopian you're sure it will be.

  12. Buying Patents at a Bankruptcy Sale by Grond · · Score: 1

    A frequent comment here on Slashdot is that patents should not be transferable or that a company should not be allowed to own a patent covering technology that it did not invent or that a company shouldn't be able to own a patent covering technology that it doesn't intend to use. Here, Google is doing all of these things, since no doubt at least some of the patents cover technologies that Google will never put into practice.

    Many licensing-focused non-practicing entities got their patents from bankruptcy sales. This process encourages investment by ensuring that investors will be able to recoup some of their investment via the sale of IP assets. The NPEs then focus on extracting value from the IP assets in much the same way that a company that buys a warehouse at a bankruptcy auction might try to extract value from it by renting warehouse space to others. This is especially valuable for startups that may have significant IP assets but comparatively little in the way of tangible assets.

    Here, Google will try to extract value from the IP assets in its own way. For some of the patents it means not having to take a license from whomever else might have bought them. For others it might mean adding patents to a defensive portfolio. Others might even be licensed or sold to other companies.

    It's fine to argue that patents shouldn't be transferrable or that NPEs shouldn't be allowed to exist, but those policies would also prevent sales like this one and lead to less investment in companies with significant IP assets, particularly startups.

    1. Re:Buying Patents at a Bankruptcy Sale by mr1911 · · Score: 1

      company should not be allowed to own a patent covering technology that it did not invent

      Companies do not invent anything. Employees at companies invent things. The employees assign the patent to the companies. If you remove the ability to assign a patent, invention stops. OK, not all invention, but the invention that people are paid to do, which is probably not much more than 99% of all invention.

      --
      This post comes with a double-your-money-back guarantee!
      Any offense taken to this post is at your sole discretion.
    2. Re:Buying Patents at a Bankruptcy Sale by Grond · · Score: 1

      Companies do not invent anything. Employees at companies invent things. The employees assign the patent to the companies.

      I'm aware of this, but the distinction was not particularly important in this case. Furthermore, most of the world outside the US does not take that approach. In Europe, for example, the company is the applicant, not the inventing employee.

    3. Re:Buying Patents at a Bankruptcy Sale by Anonymous Coward · · Score: 0

      You cite building a defensive portfolio as a way of extracting value from IP assets. That is only a value in a highly artificial legal environment, for the buyer - no actual value for society is being created by the amassment of defensive portfolios or by the business of patent trolling. Nobody would need to build defensive portfolios if the patent system were not so broken and anti-competitive. By requiring defensive portfolios, the system punishes tech companies (PARTICULARLY small inventive companies without the resources to build expansive defensive portfolios as a deterrent). The system rewards huge companies which are aggressively litigious, as other IP holders, unable to defend themselves, will only be viable insofar as they sell their IP to the biggest fish.

      The logic of mutually assured destruction might work out for Microsoft and Google - and we can understand why Google would pursue an effective deterrent given the legal environment - but it is exactly the little startups which can't "go nuclear"

    4. Re:Buying Patents at a Bankruptcy Sale by iiiears · · Score: 1

      Do you think paid legislators wouldn't enact a law to unlock the value of patents from escaping wealthy interests?

      --
      15TW = 15,000 Nuclear Reactors. (Approx. one accident a month.)
    5. Re:Buying Patents at a Bankruptcy Sale by Anonymous Coward · · Score: 0

      [...]but those policies would also prevent sales like this one and lead to less investment in companies with significant IP assets, particularly startups.

      Good. We neither do need rules that make sure any risky investment safe enough for large investors (who don't care as long as it's a partial loss only - the big payouts will come, too), nor do we need startups with significant IP assets in patent form.

  13. Do No Evil by kidinthehall · · Score: 1

    If Google were really to stick to its motto and would like access to the brightest minds here they would pickup those pour souls lost at Nortel. The rich tank the company and buy it back for nothing later, muuuch cheaper to operate that way...my old man taught me the ways as he's been around and seen it as well as been told by his ancestors the same story of how this trick works.

  14. How does this affect Ciena and Avaya? by 1310nm · · Score: 1

    Aren't the products and services they took over for naught without the patents behind them? I don't quite understand how this works.

  15. Google the troll? by Anonymous Coward · · Score: 0

    Since Intellectual Ventures started suing, I now completely disbelieve the claims of any business entity that it is buying up patents for "defensive purposes only." However, even when it does inevitably start suing, Google will likely be able to evade the "patent troll" label (and thus take advantage of judicial preference for "practicing" entities over NPEs/PAEs), since it also engages in R&D. Clever.