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The Story Behind Australia's CSIRO Wi-Fi Claims

An anonymous reader writes "U.S. consumers will be making a multimillion dollar donation to an Australian government agency in the near future, whether they like it or not. After the resolution of a recent lawsuit, practically every wireless-enabled device sold in the U.S. will now involve a payment to an Australian research organization called the Commonwealth Scientific and Industrial Research Organization, or CSIRO, which hired U.S. patent lawyers who told a very lucrative tale in an East Texas courtroom, that they had '[invented] the concept of wireless LAN ... [and] when the IEEE adopted the 802.11a standard in 1999 — and the more widely-used 802.11g standard years later — the group was choosing CSIRO technology. Now CSIRO had come to court to get the payments it deserved.'"

161 comments

  1. So what? by Johnny+Mister · · Score: 5, Insightful

    U.S. government - and therefore U.S. people and consumers who voted and allow the government to continue - have been bullying other countries with their insane views on patents and copyrights for almost a century. Oh what you say now, don't like it when other countries do the exact thing you have been doing for a long time. Cry me a river.

    1. Re:So what? by zlives · · Score: 1

      China based (owned/operated) company... problem solved have fun CSIRO

    2. Re:So what? by Jimbookis · · Score: 4, Interesting

      Oh crap, I just missed out on my third Fist Post. The wording of the summary has inflammatory overtones. OK, so a bunch of sandal-and-beige-polyester-shorts (regulation CSIRO uniform) wearing radiophysicists used their skills and worked hard at solving a problem that the simpler old Wavelan modems didn't deal with - how to handle much higher bit rates than 2Mbit in an office or home due to shorter bit periods and smooshing of the signal by reflections. Their employer spent a lot of money protecting their R&D investment worldwide and is finally reaping the benefits. This is how it's meant to work - alas CSIRO had to do battle and legal gymnastics in courts to get the so called free-trade partners to do the right thing. The problem with patents is that you need to spend a imperial crapload of money registering them as far and wide as you can and a metric shit-tonne of money for good lawyers defending them when necessary. What I want to know is, what cut does CSIRO get of my $35 802.11N Tenda access point? 2c?

    3. Re:So what? by Anonymous Coward · · Score: 0

      > Cry me a river

      Amen to that. Reap what you sow ...

    4. Re:So what? by Anonymous Coward · · Score: 0

      The fact is, every other country is a net importer of IP, whereas the US is a net exporter of IP. By this, I mean that every other country is paying IP rents to the US. IP laws do not serve any social purpose other than the enrichment of US corporations (and, hence, US politicians)...

    5. Re:So what? by Anonymous Coward · · Score: 5, Funny

      Imperial crapload? Metric shit-tonne? Why are you mixing units?

    6. Re:So what? by Anonymous Coward · · Score: 0

      They get $4

      CSIRO started out by making a stunning $4-per-device royalty demand. The number may have looked small buried within the cost of a $2,000 laptop but it would have significantly increased the price of a $20 router or a $10 wireless card. The ultimate settlement payments aren't anywhere near that high—especially when you consider around 700 million WiFi-enabled devices were shipped in 2011 alone—but the demand was high enough that CSIRO officials reached out to US diplomats. They wanted to emphasize the $4 gambit was "an opening figure" that CSIRO did not "expect to get in the end."

    7. Re:So what? by zlives · · Score: 1

      paid in bitcoin?

    8. Re:So what? by Desler · · Score: 4, Interesting

      U.S. government - and therefore U.S. people and consumers who voted and allow the government to continue - have been bullying other countries with their insane views on patents and copyrights for almost a century.

      Hahaha for almost a century? Hyperbole much? You do realize that the Berne Convention and the predecessor organization of WIPO were both created by European countries and the US wasn't involved at all, right? The US didn't even become a signatory of the Berne Convention until 1988. So, no, you are quite wrong. It wasn't even until the late 60s that the US even got involved in international trade bodies such as WIPO. But don't let facts get in the way of your rant.

    9. Re:So what? by icebike · · Score: 2

      how to handle much higher bit rates than 2Mbit in an office or home due to shorter bit periods and smooshing of the signal by reflections.

      Exactly this!

      Much as the Auzies like to thump their chest and claim to have invented WIFI, the point was it was in use prior to these guys tackling the problem of reflections. That problem was well known at the time, and range as well as wall penetration suffered as a result.

      CSIRO didn't invent WIFI, they merely tweaked it. Tweaked it in a good way, mind you, but not a particularly novel or un-obvious way, but a good enough way.

      --
      Sig Battery depleted. Reverting to safe mode.
    10. Re:So what? by hairyfeet · · Score: 2

      And that is why the east is gonna slaughter the west in a nutshell. funny how history repeats itself huh? we in the USA ignored the old world copyrights and patents and stood on the shoulders of giants to make new products, now our corps are big and fat and would rather sue than innovate so somebody else comes along and does the exact same thing we did.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    11. Re:So what? by Anonymous Coward · · Score: 0

      Wish I had mod points to mod you up!

    12. Re:So what? by Black+Parrot · · Score: 1

      They get $4

      More likely the lawyers get $3.92, and CSIRO gets $0.08.

      --
      Sheesh, evil *and* a jerk. -- Jade
    13. Re:So what? by wisty · · Score: 1

      700 million * $1 = 700 million.

      At $500 / hour, 40 hours a week, 52 weeks a year, that's over 500 lawyer years. No, I don't think they spent anywhere near that much. Probably an order of magnitude less - 50 lawyer years for $70 million.

      That doesn't include legal costs and wasted time for Apple, Intel, etc. That's the real cost of patents - not the cost of enforcing good ones, but the costs of transaction which both sides have to carry.

    14. Re:So what? by blackraven14250 · · Score: 1

      The patent litigation happened in the US by an Australian entity.

    15. Re:So what? by NoMaster · · Score: 4, Insightful

      "Much as the Auzies like to thump their chest and claim to have invented WIFI ...>/i>

      But they're not claiming that* (although I see how people get that impression from the [flamebait] article). Hell, even though the article couches it in terms of "stunning demands" and "outsized claims", it admits that it's a novel application of existing technologies (OFDM, FEC, and interleaving) that nobody else had gotten to work and was accepted into the standards by the IEEE Working Group.

      Basically, it's a flamebait article that relies a misunderstanding of the issue that has been formed through several years of poor and oversimplified reporting of the actual case(s). Ars should be bloody ashamed of itself for publishing such utter crap, though I'm not surprised that /. has.

      (* Well, one that I of know does, but he's a dickhead who has also publicly claimed that CSIRO invented DTV, once claimed that MPEG-4 wasn't suitable for television broadcasts because it uses sprites & MIDI to simulate video & audio, and is currently trying to argue that an amplitude modulated carrier never varies in amplitude (hi, alanh!).)

      --
      What part of "a well regulated militia" do you not understand?
    16. Re:So what? by Jimbookis · · Score: 2

      Look, meet the guys who did this and their story on their implementation of WiFi as we know it: Part 1: http://www.youtube.com/watch?v=lGMm8I86NMM Part 2: http://www.youtube.com/watch?v=rZ9E8EKCeCw&feature=relmfu

    17. Re:So what? by jd · · Score: 3, Interesting

      Not signing onto agreements then peddling stolen goods is also bullying other countries with the US' insane views on patents and copyright. Berne is perfectly reasonable and fair, the predecessor to WIPO was largely fair, indeed EU rules on copyright and patents are almost entirely intelligent.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    18. Re:So what? by Anonymous Coward · · Score: 0

      Agreed, a stupidly biased article.
      And by the way, why would CSIRO have ever sold a wifi device? THEY ARE A RESEARCH ORGANISATION.
      Currently they are working on using the old TV spectrum for long-range wifi, and also wifi swarm technology for controlling microbots. Just saying in case there's a patent war with Robots Inc in fifty years.

    19. Re:So what? by Anonymous Coward · · Score: 0

      Not if you want to sell to western governments and consumers. And starting a Chinese company if you're not Chinese..good luck with that.

    20. Re:So what? by Zontar+The+Mindless · · Score: 1

      Gee, I could copy-paste from Ars comments, too, but I prefer to actually write something when I post here.

      --
      Il n'y a pas de Planet B.
    21. Re:So what? by Anonymous Coward · · Score: 0

      starting a Chinese company if you're not Chinese..good luck with that.

      I think they have Beijing or some other city like that where foreigners can open companies, that city even has its own separate laws and firewall is not mandatory there, only problem is if you are Chinese you are limited in how often/how long you can go there because it is "dirty" city

    22. Re:So what? by Auldclootie · · Score: 2

      Don't you call me an Auzie - them's fighting words! The gen-u-ine Aussie is a true-blue, dinky-die, ridgey-didge phenomenom of our times - and you had better not forget it - cobber! (strangles croc and walks off...)

    23. Re:So what? by kbolino · · Score: 1

      Some background reading on U.S. copyright: the major laws were passed in 1790, 1831, 1909, 1976, 1988, and finally in 1998 with the Sonny Bono Act and DMCA.

      The problem with the Berne Convention is that it is neither fair nor reasonable, from the U.S. perspective of copyright. You call it "fair" because it normalizes copyright across countries; I call it unfair because it only benefits those who produce media, to the detriment of those who consume it. You call it "reasonable" because it provides creators with a multi-generational rent-seeking scheme to keep their and their descendants' pockets lined; I call it unreasonable because it locks away knowledge and wealth and deprives successive generations of the benefits. International copyright law (which does indeed originate in Europe) is only "intelligent" if you consider global racketeering to be a sound government goal. I have no qualm with the idea of incentivizing creativity, but what we have created is a monster.

    24. Re:So what? by kbolino · · Score: 2

      Also worthy of note is that patents and copyrights are quite distinct matters, and the Berne Convention deals only with the latter; it is the Paris Convention that deals with patents and similar industrial protections.

    25. Re:So what? by Anonymous Coward · · Score: 0

      $229 million settlement / 3 billion devices = 7.6 cents per device you wanker.

    26. Re:So what? by turkeyfeathers · · Score: 1

      No, that's not how it works. The lawyers get $3.92, and CSIRO gets a coupon for $0.08 discount on their next purchase of U.S. products.

    27. Re:So what? by Raenex · · Score: 2

      Hell, even though the article couches it in terms of "stunning demands" and "outsized claims", it admits that it's a novel application of existing technologies (OFDM, FEC, and interleaving) that nobody else had gotten to work and was accepted into the standards by the IEEE Working Group.

      The article does not "admit" that. What it does is present both sides of the issue as claimed by its proponents. Here's the contra:

      "All of the elements of the "unique combination" CSIRO proffered in court as a breakthrough weren't merely old by tech standards, they were decades old. "Multicarrier modulation," used in WiFi as OFDM, was described as early as the 1950s. Papers had been published on interleaving in the 1960s. Forward error correction, Intel's lawyer told the Texas jury, "was used when NASA sent the Mariner mission to Mars in 1968." Harris Semiconductor had actual working products incorporating these techniques by the 1980s and the company was selling its modems to the US military. The lead defense attorney for Intel, Robert Van Nest, even showed one of those Harris modems to the Texas jury during the 2009 case. [..] "The problem wasn't putting these radio technologies together. Everybody had that... The problem was, how do you take something like the Harris modem and turn it into a chip that I can hold in my hand? That's a problem that the CSIRO patent doesn't even address.""

      And the pro:

      "One of O'Sullivan's partners, Australian inventor Terrance Percival, spoke on the stand. He acknowledged his team hadn't invented any of the core elements of its wireless strategy. But he insisted their solution to the "multipath problem"--that is, interference that gets in the way of radio waves indoors--was uniquely successful and speedy.

      "We had those concepts, but we had to work out how to glue them together, which is a term we use," Pervical said. "There were all these parameters I talked about, that you had to fine tune and adjust to make sure you got the best possible performance out of the system.""

    28. Re:So what? by jd · · Score: 3, Insightful

      Classic Berne enshrines "fair use"* - US copyright (as many have discovered) does not. Berne does NOT copyright data, only structured data - in that specific structure.

      *Fair use is generally taken as** 1 article of a journal (or chapter of a book) or 10% of the complete content, whichever is the shorter, 1 minute of audio, or 10 seconds of video, where more is permitted if necessary for the task of review or legitimate study. Fair use ALSO enshrines Common Law's "Reasonableness". Where an act is considered "Reasonable", it is automatically fair use.

      **Doesn't necessarily mean the convention states these precise values, this is what it's taken as meaning.

      Classic Berne is good for 50 years for books and music, 25 years for journals, and I think only 10 years for generic structured data. Could be wrong. The increases are add-ons to the convention and not part of the original convention itself.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    29. Re:So what? by deathguppie · · Score: 3, Informative

      You should have read the article before posting. I'll help you out by simplifying it. Basically all of the technology CSIRO used is not just old, but decades old. They claim that they put it all together, but a working device built in the 80's was demonstrated at the hearing in east texas... in east texas where no one stands a chance.. the compainies in question decided to cut a deal before any verdict was given.. but really CSIRO looks very, very much like the kind of techtard patent troll that makes most people wonder what the patent system is really for...

      Just read the article..

      --
      once more into the breach
    30. Re:So what? by bane2571 · · Score: 2

      And glass, gas, wire and electricity were all quite old when someone put them together into a working invention. The questions are - Did they make a novel product? Yes, despite the components being old, the whole was greater than the sum of the parts. And was it non-obvious? Arguable, but since every one seemed to have been struggling to get it to work, I'd go with yes.

  2. Absolute crap article by tdelaney · · Score: 5, Informative

    Before posting a link to this article, perhaps you should have read it. Ars is usually pretty good, but the fact that they allowed this incredibly biased piece of crap be published in their site makes me ashamed to go there.

    There have been many good articles posted about the CSIRO's fight to get a reasonable royalty out of all these companies that agreed to pay one right at the beginning of the process. This is not one of them.

    1. Re:Absolute crap article by danversj · · Score: 2

      I read this one last night. The comments on ars tend to agree. Massive sour grapes.

    2. Re:Absolute crap article by pavon · · Score: 0

      Yeah, as a reader of both sites, it is interesting how only the worst of Ars Techica stories end up on Slashdot. It's like the editors here deliberately post flame-bait, where ever they find it :)

    3. Re:Absolute crap article by MichaelSmith · · Score: 4, Informative

      We have been reading about this for the last ten years.

    4. Re:Absolute crap article by Caerdwyn · · Score: 5, Insightful

      Controversy and flamebait generate page-views as outraged nationalists and functionally incompetent OS bigots click and re-click to see how people react to their irrelevant options. This is extremely predictable, and generates ad income. Slashdot editors know this.

      John Dvorak and other fucktard "pundits" realized this a long time ago and turned it into a career.

      --
      Everybody gets what the majority deserves.
    5. Re:Absolute crap article by Anonymous Coward · · Score: 1

      They spent years trying to get people to pay up as agreed to by IEEE and then spent the last 10 years in court. Just because you weren't paying attention doesn't mean they waited.

    6. Re:Absolute crap article by zlives · · Score: 1

      i think they had been trying for 10 years... it just took this long?

    7. Re:Absolute crap article by Anonymous Coward · · Score: 2, Funny

      Controversy and flamebait generate page-views as outraged nationalists and functionally incompetent OS bigots click and re-click to see how people react to their irrelevant options. This is extremely predictable, and generates ad income. Slashdot editors know this.

      I protest against this practice by going straight from the summary to the comments without reading the articles. Hopefully I can convince others here to do the same.

    8. Re:Absolute crap article by laing · · Score: 1

      I agree that ARS is usually pretty good, but they also have a regular stream of crap articles such as the anthropogenic global warming rants. Their latest global warming rant is a jewel. Check the comments where all of the "accepted science" is backed up by Wikipedia citations! Priceless.

    9. Re:Absolute crap article by tdelaney · · Score: 2

      You appear to be remarkably (willfully?) uninformed about this topic. Perhaps a Google search of the form: https://encrypted.google.com/search?q=mosaid+csiro+-mosaic would enlighten you to the fact that MOSAID has absolutely zero to do with the CSIRO.

      The only way they are related is that the CSIRO battle is mentioned as a precursor (and maybe an inspiration) to MOSAID (who do indeed appear to be patent trolls, unlike the CSIRO).

    10. Re:Absolute crap article by DarwinSurvivor · · Score: 1

      And by visiting the flamebait articles you are creating pagehits for slashdot and making them money through the adds. Slashdot doesn't give a crap if you read the article or not.

    11. Re:Absolute crap article by DarwinSurvivor · · Score: 1

      I don't know about CSIRO, but many companies do that because it's nearly impossible to get a technology into a standard if people are worried about licensing fees.

      Come forward at the beginning: get paid by the 10% that use it, for 20 years
      Come forward later: miss 10 years of fees, then get paid by the 90% that use it for 10 years.

      I think you can do the rest of the math on your own.

    12. Re:Absolute crap article by Anonymous Coward · · Score: 0

      The inventors didn't care about the money they were just happy that their work was being used worldwide. It was only when Nigel Poole, a businessman came to lead the organisation (2002) that they decided it was the right course of action.

    13. Re:Absolute crap article by Anonymous Coward · · Score: 0

      No, you're a towel...

  3. Holy Flamebait Batman! by SleazyRidr · · Score: 5, Informative

    Nice summary there, painting the CSIRO as some kind of patent troll. They never claimed that they had "[invented] the concept of wireless LAN", they claimed that they had developed some very clever algorithms dealing with rejecting interference and the like. This is the work of a serious research organization, and without it wireless networks would be a lot less useful.

    Go flame on an actual patent troll, or do your basic research yourself.

    1. Re:Holy Flamebait Batman! by Man+On+Pink+Corner · · Score: 0

      This is the work of a serious research organization, and without it wireless networks would be a lot less useful.^W^W^W^W^W^W^W^Wsomeone else would have done it.

      Fixed it for you, no charge this time, drive through.

    2. Re:Holy Flamebait Batman! by Nazlfrag · · Score: 4, Informative

      Pity that 'someone else' tried to, failed, and instead agreed to license the CSIRO technology under royalty agreements, then reneged and failed to pay royalties. Now they have to follow through with that agreement and pay what they were due.

    3. Re:Holy Flamebait Batman! by ndykman · · Score: 3, Interesting

      Seconded. No trolling here. They want reasonable payments for creating clever algorithms and techniques for dealing with interference. Sure, it was based on existing technologies, but choosing what technologies to use and combining them correctly and effectively was a difficult and unique proposition, and I think a patentable idea.

      They even shopped the technology to actual companies to make products based on it, no go.

      Also, it seems that their is a claim that the IEEE standards group was aware of the patent and used the technology. Happens all the time.

      So, they finally to court to get royalties for use of the patented technology. Seems to me they exhausted other avenues. Companies were dismissive of their idea as "obvious". Well, in hindsight, why wouldn't it be? So, they went to court.

      Good for them. Sure, they venue shopped, but they accepted a pretty reasonable settlement from a large group of companies that greatly profited from the invention.

      Bonus, the money goes back to basic research.

    4. Re:Holy Flamebait Batman! by poetmatt · · Score: 1

      They are a patent troll. Ever read this article? One of hundreds.

      http://www.rethink-wireless.com/2011/03/18/mosaid-sues-16-vendors-wi-fi-patents.htm
      who do you suppose gave mosaid (known patent troll) the patents?

      What CSIRO came up with was not inventive, and they sold the patent off to patent litigation firms. To act like they're innocent because they did some research is to paint a very very biased troll implying CSIRO is unique.

      There are probably 125 companies around the globe that were doing what CSIRO did at the same time, it's just that they didn't patent it.

    5. Re:Holy Flamebait Batman! by mcbridematt · · Score: 4, Informative

      Exactly. The technology in question was adopted for 802.11a and g. The Ars article is flamebait.

    6. Re:Holy Flamebait Batman! by Kalriath · · Score: 1

      Yes, and that someone else would have patented it and had the same problem collecting royalties, and we'd be right back where we are now.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    7. Re:Holy Flamebait Batman! by Kalriath · · Score: 3, Insightful

      Bullshit. The patents MOSAID holds are ones they got from Agere Systems, not CSIRO. The fact that CSIRO is the one doing the suing in this case kind of gives it away that they didn't sell them. Obviously.

      And the IEEE disagrees that what they did was not inventive, when they asked for a licensing agreement for the CSIRO patents. Which were developed with taxpayer money. I'm pretty sure you'd be very pissed off if your government did some research on your dime then gave it away for free to everyone else in the world. I'm sure you'd be asking what your government is doing spending your money to help overseas companies.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    8. Re:Holy Flamebait Batman! by Fjandr · · Score: 2, Informative

      CSIRO's patent is a combination of technologies which weren't put together on a chip already due to technical problems with putting them together on a chip. CSIRO didn't manage to figure out a way to do it either. And, as far as I'm aware, their contention is that nobody took their royalty requests seriously. There was no "reneging" on an agreement to pay royalties. They took these companies to court specifically because they denied the validity of the patent.

      It's sort of like saying "Mix A, B, and C together without blowing it up" will fix problem Z. That's all well and good if you, yourself, patent a non-obvious method for doing so when nobody else can figure it out. However, in this case it seems they patented the recipe "Mix A, B, C" without being able to themselves, not a process that actually worked. The problem seemed to be that the recipe was obvious to everyone, but nobody had figured out how to put it together successfully (again, CSIRO didn't either). So, once others figured out how to finally get these elements working together they sued because it used the recipe of ingredients that were obvious to everyone from the get-go would eventually be used in some form or other.

      I could be off-base about the above assumptions, but they are what I've gathered from reading the various articles I could find actually discussing the patents technically and from reading the patent description itself. I'm not a radiophysicist/engineer, so I could be missing something which would be obvious to one.

    9. Re:Holy Flamebait Batman! by samoanbiscuit · · Score: 5, Insightful

      No they actually put implemented it in silicon (which is WHY they ere granted a patent). Because they are not a commercial company, they didn't mass produce it (which the Ars article seems to take as meaning they didn't implement it).

    10. Re:Holy Flamebait Batman! by aprilmac · · Score: 1

      yeah yeah, it is the question of technology.

      --
      I'm a big apple fan. Interesting with travelling, digital products and take photos.
    11. Re:Holy Flamebait Batman! by Man+On+Pink+Corner · · Score: 1

      It's an indisputably good thing that, historically, not everything that could have been patented was, in fact, patented.

      That should give pro-patent advocates some pause for consideration.

    12. Re:Holy Flamebait Batman! by tconnors · · Score: 3, Interesting

      I could be off-base about the above assumptions, but they are what I've gathered from reading the various articles I could find actually discussing the patents technically and from reading the patent description itself. I'm not a radiophysicist/engineer, so I could be missing something which would be obvious to one.

      Knowing the work that these guys do and have been doing for decades now (I was doing radio astrophysics), but not having read the patent, I strongly suspect it relates to the interferometry work they have been doing for the Australia Telescope Compact Array national facility. Interferometry allows (extremely) directional signal detection from omnidirectional antennae, and simularly directional radio frequency interference mitigation.

      A crucial part of radio interferometry is doing Fourier transforms. Getting large amounts of bandwidth necessitates doing this in hardware, in parallel. The precursor projects for the Square Kilometre Array mean these parallel calculations needs to be done quickly (realtime), large bandwidth (the frequency range from the sky would ideally be spread over many gigahertz), and massively parallel (terrahertz digital signals prior to data reduction). So need to be done cheaply and in hardware.

      The mathematical techniques are highly non-obvious (and extremely neat). These guys pioneered the mass production of the miniaturised supercheap hardware involved. Yes, they outsourced it, but they most certainly did design it all. This all took quite a lot of investment and innovation. The real point of patents.

    13. Re:Holy Flamebait Batman! by Anonymous Coward · · Score: 0

      Algorithms? That's it? Math shouldn't be patentable. CSIRO confirmed for troll.

    14. Re:Holy Flamebait Batman! by genik76 · · Score: 1

      Nice summary there, painting the CSIRO as some kind of patent troll. They never claimed that they had "[invented] the concept of wireless LAN", they claimed that they had developed some very clever algorithms dealing with rejecting interference and the like.

      The frontpage of CSIRO says "Wireless LAN, CSIRO's #1 invention, is estimated to be in more than three billion devices worldwide.". That doesn't sound like they just invented some clever algorithms.

    15. Re:Holy Flamebait Batman! by Fjandr · · Score: 1

      Interesting, I saw no mention of that. Do you have a link to the source?

    16. Re:Holy Flamebait Batman! by Fjandr · · Score: 1

      The patent does discuss Fourier transforms as a part of the technique, though it didn't seem as though there were any specifics involved listed in the patent itself. I don't know how complete the USPTO listings are though.

  4. Wireless Networking? Of Digital Devices? by Anonymous Coward · · Score: 2, Funny

    I thought Kevin Flynn had that idea back in 1989?

  5. It's not a donation by catacow · · Score: 3, Insightful

    It's not a donation, it's payment for use of the technology which was developed and then patented.

    1. Re:It's not a donation by whoever57 · · Score: 3

      It's not a donation, it's payment for use of the technology which was developed and then patented.

      Under newspeak, payment to American patent trolls is "supporting innovation" while payment to foreign governments that paid for development of new technologies and then patented them is "a donation".

      --
      The real "Libtards" are the Libertarians!
  6. Fascinating.... by Anonymous Coward · · Score: 0, Insightful

    Having a troll as a story - kudos!

    1. Re:Fascinating.... by Black+Parrot · · Score: 1

      Having a troll as a story - kudos!

      Yeah, but makes it kind of pointless to try to come up with a trollish response.

      --
      Sheesh, evil *and* a jerk. -- Jade
  7. IEEE was aware of the patent by jyxent · · Score: 5, Informative

    Ignoring the validity of the patent, IEEE was aware that it might be needed. http://standards.ieee.org/about/sasb/patcom/loa-802_11a-csiro-04Dec1998.pdf

  8. *The* Story? by theweatherelectric · · Score: 1

    The story? Well, it's a story, anyhow. The tone the article takes is unfortunate. All the "us and them" in the article takes away from the few interesting things it mentions.

  9. sob sob by pbjones · · Score: 1

    Everyone will/may be paying, not just U.S. consumers. (I avoided the U.S. = us pun). The article splits the technology into separate methods, while the patent covers a working combination of methods, so the article draws a conclusion that the whole method was just something that was already invented, they don't say the same thing about the wheel, which is also part of many patents.

    --
    There was an unknown error in the submission.
  10. Sometimes I wonder by andrew3 · · Score: 1

    I wonder how much of the money is actually going to the scientists that invented it? My guess is probably not much.

    1. Re:Sometimes I wonder by MichaelSmith · · Score: 1

      None apart from the fact that more of them stay employed. Maybe a few will get a better job with this in their resume.

    2. Re:Sometimes I wonder by Xiaran · · Score: 4, Interesting

      This is the team lead http://en.wikipedia.org/wiki/John_O'Sullivan_(engineer) I think he is doing just fine. And as an Australian citizen I would rather all this lovely money go back to CSIRO so they can carry on their work.

    3. Re:Sometimes I wonder by Anonymous Coward · · Score: 2, Informative

      I know the guy - he works in an office down the hall from my PhD supervisor. He's currently working on phased array feeds for the new Australian Square Kilometre Array Pathfinder telescope, which let it see 30x as much of the sky at once as a conventional radio telescope. I don't know what fraction of these feeds was his idea, but I assume it was significant. If we're really lucky, perhaps the technology they develop will turn out to be as useful as that mentioned in the fine article.

  11. LOL /. by Anonymous Coward · · Score: 0

    1. Notice that a very poorly written, inflammatory, intentionally non-researched, racist and obviously biased article on Ars is creating a lot of traffic.
    2. Post on /.
    3. Get more traffic on /.
    4. Profit!

    Slashdot: you aren't even a shadow of your former self.

  12. The lion hates it... by craznar · · Score: 1

    ... when the mouse bites its arse.

    Congratulations CSIRO - you are either one hell of a mouse, or just joining in the fun that Apple, Google, Microsoft and every other damned tech company is having. Either way - I don't see what the problem is.

    Oh - by the way, given my government is getting the money - I am a touch biased :)

    --
    EMail: 0110001101100010010000000110001101110010 0110000101111010011011100110000101110010 0010111001100011011011110110
  13. CSIRO actually does RESEARCH by msobkow · · Score: 5, Insightful

    Unlike patent trolls, CSIRO actually creates technology through research.

    They deserve payment, unlike most who file their claims through East Texas.

    American customers aren't the only ones who'll be paying. Just the only ones who refused to without a lawsuit over the issue.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:CSIRO actually does RESEARCH by Chris+Mattern · · Score: 1

      Yep. I was thinking that the name sounded familiar--a couple of weeks ago, Nature sent out its yearly survey of Asia/Pacific research institutions that it has published papers for in one or more of their publication. CSIRO was number seven in Australia. These guys are a bona-fide major-league research organization.

    2. Re:CSIRO actually does RESEARCH by bsa3 · · Score: 1

      That is, indeed, the question. If we stipulate that the patent in question is 100% legitimate, then why was the lawsuit filed in East Texas when none of the defendants have any connection with that jurisdiction? I'd be much more sympathetic to CSIRO in this case if it had been filed in the Northern District of California.

    3. Re:CSIRO actually does RESEARCH by martin-boundary · · Score: 1

      Unlike patent trolls, CSIRO actually creates technology through research.

      They deserve payment, unlike most who file their claims through East Texas.

      No, I'm sorry, I think they do not.

      As much as I admire the CSIRO for the great quality of research it is doing, I don't accept patents as solving a problem that must be solved, and I therefore don't accept that when it's some good guys doing the patenting, they should get money just because they're good.

      Patents have serious issues which aren't necessary to be rehashed, I just want to argue against the phrase "they deserve payment" here. This makes it sound like the scientists aren't being paid, and are about to go begging in the streets because some US corp isn't paying its bill. It's hyperbolic.

      The scientists have already been paid. The CSIRO employs scientists and pays them an annual salary to produce research. The CSIRO isn't some market speculator who does this just to make obscene amounts of money, it's a government body whose mission is scientific research to benefit the Australian people and humanity at large. So the usual (weak) arguments that the research wouldn't happen without the prospect of huge wealth don't apply at all here.

      Secondly, what do you think happens when the patent licenses are paid? Where does the money go? It doesn't go only to the department who invented the WiFi algorithms. It gets distributed throughout the CSIRO. So you'll get scientists working on rabbit control getting funded by the WiFi patents. Now, this is great - extra money for scientists, etc - but it makes no sense whatsoever from a patent perspective, if you believe in them.

      WiFi patents (for those who accept the rationale) are there to promote research and justify expenditure in WiFi technology. There's no question of promoting rabbit research. In fact, doing so is a complete perversion of the patent concept, as the technology which earned the patent licenses gets penalized (it doesn't receive all the money it should) in favour of unrelated technology which hasn't anything to do with the patent.

      I'm opposed to patents, I think they're wrong, and I make no exception when the good guys receive the license money.

    4. Re:CSIRO actually does RESEARCH by Anonymous Coward · · Score: 0

      Those babies are tomorrow's soldiers sent to the likes of Iraq. If you don't pay for them, you'll have to send your own kids there. Is that what you want?

    5. Re:CSIRO actually does RESEARCH by Anonymous Coward · · Score: 0

      So, your saying that if you have a valid patent case, you should go through other courts, and if you have a troll case you should go through east texas? Either your courts are valid or not frankly, that east texas is the easiest is news to no one, but when your playing with taxpayers dollars it would make sense to get it done in the most efficient [safe win] way possible right? Do you also think that the companies though should not have settled?

      Interesting argument there sir, as someone who paid for this reasearch with my tax dollars, it makes alot of sense to exploit your legal system in the same way the multinationals do.

    6. Re:CSIRO actually does RESEARCH by Zontar+The+Mindless · · Score: 1

      Secondly, what do you think happens when the patent licenses are paid? Where does the money go? It doesn't go only to the department who invented the WiFi algorithms. It gets distributed throughout the CSIRO. So you'll get scientists working on rabbit control getting funded by the WiFi patents. Now, this is great - extra money for scientists, etc - but it makes no sense whatsoever from a patent perspective, if you believe in them.

      WiFi patents (for those who accept the rationale) are there to promote research and justify expenditure in WiFi technology. There's no question of promoting rabbit research. In fact, doing so is a complete perversion of the patent concept, as the technology which earned the patent licenses gets penalized (it doesn't receive all the money it should) in favour of unrelated technology which hasn't anything to do with the patent.

      Um, no. The purpose of a patent is to promote advances in sciences and useful arts. It's not "to promote doing more of exactly the same". Fail.

      --
      Il n'y a pas de Planet B.
    7. Re:CSIRO actually does RESEARCH by Anonymous Coward · · Score: 0

      The scientists have already been paid. The CSIRO employs scientists and pays them an annual salary to produce research. The CSIRO isn't some market speculator who does this just to make obscene amounts of money, it's a government body whose mission is scientific research to benefit the Australian people and humanity at large.

      Exactly and because of that you can be sure that money will be spent on research, researchers, and tools needed for research/experiments.
      It will not go to some fat CEO or shareholders and their pension fund it will actually go to PURE R (not even R & D just Research) you know that thing that is most important for development of our civilization and yet we invest lower and lower percent of our GDP in it every year (i am talking pure science here every year there is less and less invested in R part and more and more in D part - new Intel chip factories for example)

      Secondly, what do you think happens when the patent licenses are paid? Where does the money go? It doesn't go only to the department who invented the WiFi algorithms. It gets distributed throughout the CSIRO. Now, this is great - extra money for scientists, etc

      exactly more money for scientists that will in another 10 years make 100 Gbit/s wireless or even better cure malaria/cancer/make cool flying cars ... you get the point

    8. Re:CSIRO actually does RESEARCH by Anonymous Coward · · Score: 0

      If you're filing a lawsuit, and can file it wherever you like, why shouldn't you file in a district known for handling a large number of patent cases? It's basic probability - you will do whatever you can to increase your chances of winning. I agree, it is a flaw in the system, but there isn't anything inherently wrong in rules lawyering. That, in and of itself, does not a patent troll make.

    9. Re:CSIRO actually does RESEARCH by Anonymous Coward · · Score: 0

      That's simple - if your lawyers aren't doing everything they can to get the decision to go your way, they're not doing their job properly. That includes choosing the best possible location to file suit. Just because patent trolls file there, doesn't mean that everyone that files there is a patent troll.

  14. Independant Discovery by pavon · · Score: 0

    This is the work of a serious research organization, and without it wireless networks would be a lot less useful.

    If this is true then how did the IEEE committee manage to include these ideas in the 802.11 standard despite never having heard of Dr. John O'Sullivan or his patents? Like many inventions, multiple people had the same idea at about the same time, which shows that it was a naturally progression of the art. Dr. O'Sullivan is a smart man, but WiFi would have progressed along fine without him. In fact it did, and CSIRO has spent the last 15 years trying to get recognition for their previously ignored work.

    The article is a bad hacket-job, and it is unfair to characterize Dr. O'Sullivan and the CSIRO as patent trolls. But the situation does highlight the current problems with how the patent system handles independent discovery. IMHO, when this happens it should be considered proof that the idea does not meet obviousness criteria and thus does not warrant a 20 monopoly on the idea. Or at the least, independent inventors should be offered some sort of co-patent (although this could be messy to manage).

    1. Re:Independant Discovery by Anonymous Coward · · Score: 1

      Actually IEEE asked to use the patent in question, http://standards.ieee.org/about/sasb/patcom/loa-802_11a-csiro-04Dec1998.pdf. To which CSIRO agreed to licnese the patent to anyone implimenting the standard.

      If you read through all the garbage comments you find a few major things that the the articles author neglected to mention.

    2. Re:Independant Discovery by evilviper · · Score: 5, Informative

      If this is true then how did the IEEE committee manage to include these ideas in the 802.11 standard despite never having heard of Dr. John O'Sullivan or his patents?

      They DIDN'T. There's documentation to prove IEEE knew of the CISRO patent. IIRC, they first requested free usage, and when CISRO refused, they request FRAND licensing, and when they agreed, went forward with the standard.

      WiFi would have progressed along fine without him.

      Yes it would have, but the IEEE found the technology they developed as compelling enough to tie themselves to required licensing on that patent. Maybe 802.11g would have been slower, less resilient to interference, etc. Whatever the case, they did use this tech, and need to license it.

      , when this happens it should be considered proof that the idea does not meet obviousness criteria

      Either an idea is obvious, or it isn't, it doesn't change in hindsight vs foresight. If someone spends a mil to develop something after someone else developed and patented it, too bad, that doesn't make it obvious. Besides, it would be far, far too easy to defraud the legitimate inventor, just claiming so-and-so hasn't seen the patent, but came up with the same thing.

      Right now, the burden of proof for overturning a patent is too high, but throwing more rules and schemes and exceptions won't solve the problem, it'll make it worse... and even bigger mess you need more lawyers and money to avoid getting screwed-over by.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:Independant Discovery by mooingyak · · Score: 3, Insightful

      Either an idea is obvious, or it isn't, it doesn't change in hindsight vs foresight.

      You said a lot that made sense until you got here.

      The most brilliant and elegant solutions to problems out there are often painfully obvious once they've been pointed out, but it still took that one creative thinker to realize it.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    4. Re:Independant Discovery by Anonymous Coward · · Score: 2, Insightful

      It being obvious after it's explained, does not make something obvious, it makes it a good explanation, one could suggest that is very close to the nature of a valid patent.

    5. Re:Independant Discovery by TapeCutter · · Score: 1

      Whether or not natural justice is served by patent law is a moral question for lawmakers, not a legal one for judges. I think it's a fair legal judgment on the grounds that the CSIRO and IEEE both wilingly entered into an agreement. The third parties footing the bill are at fault because they also willingly entered an agreement with IEEE to use a standard that they knew (or should've, could've, known), was burdened with a patent. If the third parties didn't do thier legal homework then tough titties, ignorance is not a valid excuse in the eyes of the law.

      As an Aussie taxpayer and long time fan of the CSIRO I obviously have a biased opinion in this case, but it doesn't strike me as a morally repugnet outcome, unlike the MAFIAA attacks on individuals in the US, nobody in this case was seriously threatened with incarceration or destitution. And regardless of the value of patent laws to society, this case illustrates precicely how they were intended to be used, encourage and reward inventors for thier practical contributions to society.

      When you look at the explosion of science and technology over the last century is becomes very difficult to argue that patent law is "holding us back". I think the real problem is the relitively recent broadening of the definition of an 'invention', we are handing out patents for things like software, genetic information, trivial business processes, etc, which (when I was at school) was considered trying to patent mathematical transformations, chemical formula, and flow charts, as opposed to inventions. Even though the opinion I hold would leave my beloved CSIRO without a leagl leg to stand on in this case, I love them because I'm sure they would still have willingly told anyone who would listen all about the mathematical transformations they discovered.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    6. Re:Independant Discovery by Anonymous Coward · · Score: 0

      The most brilliant and elegant solutions to problems out there are often painfully obvious once they've been pointed out, but it still took that one creative thinker to realize it.

      Hindsight doesn't make people lose their brains. They are perfectly capable of assessing whether something is obvious. The additional information that hindsight gives doesn't change that.

      You have unfortunately fallen for one of the many lies that the PTO like's to push to justify their existence.

  15. Nothing but spin here. by evilviper · · Score: 4, Insightful

    What a slimy article. The writer is doing a few dishonest thing here... First, he exaggerates the claims being made. Nobody ever claimed Austraila invented WiFi, in fact, what they said is later in TFA: . "CSIRO did not invent the concept of wireless LAN, it just invented the best way of doing it, the best way it's used now throughout the world," Furniss told the jury in 2009.

    Second, he does some iirrelevant hand-waving, talking about IEEE defining the standard, talking about WiFi (802.11b presumably) existing before CSIRO's patent, asking a rep from one company if he'd heard of CISRO, etc. All this is completely irrelevant. Either the WiFi standards in question use technologies that CISRO developed and patented, or they don't. Everything else is pointless distraction from the topic at-hand.

    Third, he tries to just lump them in with patent trolls... guilt by association. These other companies are making baseless claims about WiFi, and CISRO is suing over WiFi, ergo, CISRO's claims MUST be baseless as well. It's a bit like insurance companies claiming that, because there are some frivilous lawsuits against them, EVERY suit against them MUST be frivilous.

    Nowhere in the article is there ANY discussion at all about the patented technologies in question, and whether CISRO's patented technology is, in-fact, integrated into the 802.11 standards. That's what matters, and that's what the author doesn't want to talk about at all.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:Nothing but spin here. by LetterRip · · Score: 2

      Either the WiFi standards in question use technologies that CISRO developed and patented, or they don't.

      What is claimed by the article is that the patent should not have been granted because corporations already had hardware on the market that used the particular combination of algorithms recommended in the patent years before the patent was filed. No one had patented it because it was in fact 'patently obvious' since that is what was already being used.

      Unfortunately I don't know enough about the technology to know if the claims of the author are accurate.

    2. Re:Nothing but spin here. by Anonymous Coward · · Score: 0

      Hehe, don't look at www.csiro.au "Wireless LAN, CSIRO's #1 invention, is estimated to be in more than three billion devices worldwide."
      Ofcourse probablly written by marketing folk.

    3. Re:Nothing but spin here. by LaXaTiVeDK · · Score: 1

      He made a follow up to the article where he tries to defend himself from the criticisms: http://arst.ch/t80

      --
      Critical thinking is not an universal attribute of the human mind
    4. Re:Nothing but spin here. by evilviper · · Score: 2

      Thanks for the link. He really didn't address anything, though... In
      fact he's talking in circles...

      He admits that: "CSIRO made the IEEE aware of its patent, and says it was willing to license it on fair terms."

      Yet he still rants on as if that discussion didn't take place, and portrays them as just another patent troll: "why did CSIRO bypass the only meaningful way to determine the best methodâ"submitting an IEEE proposal that could be voted on? Instead, CSIRO went to a US court, years after the fact"

      Of course it's only been a day... maybe this is his method of _slowly_ back peddling away from his own claims, after being called on them by many.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  16. article glosses over a few things by Anonymous Coward · · Score: 3, Informative

    the CSIRO had found a technique to heavily inteference and transmission of wireless signals
    at the same time consortiums threw significantly more money at the problem couldn't come up with a better solution
    yes, IEEE started the standards process before the patent was filed
    unlike most patent filings today, CSIRO had already developed the hardware
    also unlike today, you don't have to file a patent the second you come up with an idea

    after years of tech consortiums failing at an alternative, IEEE asked for use of the "patent"
    CSIRO agreed to it becoming part of the standard on the basis of receiving royalties
    (just like any other corporation or patent holder would demanded)

    the problem being CSIRO never got any royalties
    the article "writer" expected the CSIRO, after years of companies not honouring their agreement, to simply roll-over and bugger off
    but who's at fault here? the CSIRO for asking for what they were told they'd get, or the companies using the patrent for free?
    from what i can tell, the companies were hoping to play the waiting game
    thinking the next iteration of wireless tech could work without the patent
    so if you wait long enough, you can profit all you need from it's use, then expect a small payout years (decades?) later when the patent is superceded
    unfortunately for the companies, the patent still applies today as it did when the standard was formed

    also, the writer upfront says the CSIRO sued for $4 per device
    he makes no mention of how much the original royalty was for
    which if the companies paid it in the first place, they would be making this "donation"

    i mean ffs. the writer says CSIRO is commonly called "si-roh"
    it's never been called that outside of small pocket of idiots thinking CSIRO is a word rather than an acronym
    so either Joe Mullin got trolled hard by certain "fact" presented to him, or he was lazy and didn't do research

    overall i'd put this to the public:
    would you rather pay your "donation" to government research organisation, or to a technology corporation?

    1. Re:article glosses over a few things by NoMaster · · Score: 1

      i mean ffs. the writer says CSIRO is commonly called "si-roh"
      it's never been called that outside of small pocket of idiots thinking CSIRO is a word rather than an acronym

      Having worked alongside several current and ex CSIRO technicians & scientists, I can tell you that every single one of them has pronounced it "si-roh".

      --
      What part of "a well regulated militia" do you not understand?
    2. Re:article glosses over a few things by Anonymous Coward · · Score: 0

      Yeah sorry AC, but you're wrong on that point - I have also known people working at or with CSIRO, and they all pronounce it 'si-roh' too. This is Australia, do you really think the people who deal with it every day take the time to pronounce "cee-ess-eye-are-oh"?

      - An Australian living up to the national stereotype by being too lazy to bother logging in.

  17. FUCK TEXAS by Ryanrule · · Score: 1

    see above

  18. Not trolls but still not right by Super+Jamie · · Score: 2

    The CSIRO did indeed invent the wireless technology which we all use in wireless LANs today. However, they're a government-funded agency, they should be creating technology for the good of all citizens of the world and making that technology available for free.

    As far as I'm concerned, my Australian Tax dollars have already paid the CSIRO for this work. They're not patent trolls but I disagree with their actions to assert royalty payments over this patent.

    1. Re:Not trolls but still not right by Anonymous Coward · · Score: 0

      No, they should be doing it for the good of all citizens of Australia.

    2. Re:Not trolls but still not right by Anonymous Coward · · Score: 0

      Citizens of the world? Blow that. CSIRO is partially Government funded. Much of their income comes from exactly this - royalties. Without them, the CSIRO would be a very poor research institution indeed.

      When more people than just Australians are paying tax to the Australian Government, I'll accept the idea that only Australians should have to foot the expenses for research while everyone else gets to profit from it. Until then, what's happened here is exactly what patents are really for, and the OP just stinks of sour grapes.

    3. Re:Not trolls but still not right by Anonymous Coward · · Score: 1

      they are!
      Australian citizens need research organisations like the CSIRO, and to keep it alive it needs funds.

      Now imagine if they kept churning out things royalty free... it'd be a massive sink hole for your/our tax moey.
      They wouldnt last long if they relied solely on government funds... the aus gov blows all its cash on over priced endeavours like feasibility studies an NBN, desal plants that arent needed for another 10 years. Also other countries/companies get rich while australian citizens are footing the bill.

      You make something cool.. u should get paid for your time, not just your manufacturing companies using your research. Kudos dont pay your bills.

    4. Re:Not trolls but still not right by king+neckbeard · · Score: 0

      Australians benefit from research of the American government, and I'm not whining about you guys freeloading off of us because I'm not a whiny cunt (and because use of 'freeloading' arguments indicates that you're a dumbass most of the time). I'm proud of US government agencies when they invent useful technology, and being able to stroke my dick at other nationalities on the internet about what my country did is far more satisfying than getting you to pay us taxes with funny looking money.

      --
      This is my signature. There are many like it, but this one is mine.
    5. Re:Not trolls but still not right by Kalriath · · Score: 2

      The American government does the same thing as CSIRO is doing here - except that they skip a step and often just give the patent to some company from the outset. I can assure you that virtually none of the partially government funded research from the United States was implemented in whatever it is you have without cost to you.

      I see absolutely nothing wrong with research institutions across the ditch charging for their research to recoup costs, so Australian taxpayers aren't footing the bill for foreign corporations to get stuff for free. (And we split the atom, so there).

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    6. Re:Not trolls but still not right by king+neckbeard · · Score: 1

      You are correct about the Bayh-Dole act and it's effect, although it at least requires part of the funding come from the private entity, and it has a few theoretical strings attached that have no real bite in reality. It's a total crock of shit, and we should be fucking ashamed of ourselves for letting such an awful act pass. You should be ashamed of CSIRO for their behavior.

      --
      This is my signature. There are many like it, but this one is mine.
    7. Re:Not trolls but still not right by Anonymous Coward · · Score: 0

      We get things for free from the USA because we have been close allies for over 50 years and have cultural ties going back centuries?

      Sir you must be kidding.

    8. Re:Not trolls but still not right by Kalriath · · Score: 1

      Why? They're in Australia - not my problem.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    9. Re:Not trolls but still not right by bloodhawk · · Score: 2

      However, they're a government-funded agency, they should be creating technology for the good of all citizens of the world and making that technology available for free.

      Not with my Tax dollars thankyou very much. They can develop stuff for the Australian people only or they better damn well be charging foreign entities for it while they are using my money to develop it.

    10. Re:Not trolls but still not right by bloodhawk · · Score: 1

      Actually you are acting like a whiny cunt. Just like CSIRO the American government doesn't give its inventions/innovations/patents away for free either. Mind you I am sure all the countries around the world will be very happy to hear that you have decided that the US will now be forgoing all royalties they have been collecting. It will be much appreciated, and when this happens I think you will find many other governments will reciprocate.

    11. Re:Not trolls but still not right by king+neckbeard · · Score: 1

      I'm not aware of any US government agencies that currently collects patent royalties, at least if you don't count universities as such. Government agencies having patents is completely illogical because they don't need patents. The reasoning behind patents is to provide economic incentives to further research that a free market wouldn't produce. If they are already funded by taxpayers, giving them a patent is double dipping. That's why I have problems with the way the Bayh-Dole act works.

      --
      This is my signature. There are many like it, but this one is mine.
    12. Re:Not trolls but still not right by Anonymous Coward · · Score: 0

      However, they're a government-funded agency, they should be creating technology for the good of all citizens of the world and making that technology available for free.

      WTF? I'm not even Aussie (although I lived and paid taxes there for some years), and I think your reasoning powers must have got carried off by dingoes.

  19. ALOHAnet - predates WIRED ETHERNET by ebunga · · Score: 2

    Ethernet took ideas from ALOHAnet, which was a wireless system.

  20. Israeli military tech by Anonymous Coward · · Score: 0

    I thought wlan was based on Israeli military technology.

  21. crappy post by Anonymous Coward · · Score: 0

    Yes - If the USA government wanted to Pay for research and then license it - it too could then use that money to FUND more research - its actually a good model... after all - look at all the stuff that NASA research has spun off over the years... but it its no different from a company be it european or USA developing and licensing it. The tone of the article is inflammatory and unjust. Maybe instead the USA could think about ALL THE LOST opportunities to reduce their taxes by doing similar things. (And no - Im not talking about open slather research that will fund itself of course but I would suggest that the money the USA put into the INTERNET has repaid the USA many many times over in greater employment etc)
          Much of the CSIRO research is given free also mind you ... its done by the people for the people
      but we try to take a reasonable approach (Tony Abbott excluded) to these things.... and per capita - Australia has been incredibly well represented in Research in many fields
    CSIRO is one reason why - but we arent big enough for the market to fund plus the market isnt wise enough to fund many of the things that we now rely on.... Like the INTERNET.....

    1. Re:crappy post by king+neckbeard · · Score: 1

      The American model employed by NASA and other US government entities is much better. Direct funding is more efficient. England used legal monopolies called 'letters patent' (from which patents get their name) hundreds of years ago to get funding without having a visible tax, because taxes were unpopular. It was a huge fucking mess, which is why they passed the Statute of Monopolies.

      --
      This is my signature. There are many like it, but this one is mine.
  22. You probably use aother CSIRO inventions sometimes by Anonymous Coward · · Score: 0

    Aussies use some every day....

    Notable Inventions

    Notable inventions and breakthroughs by CSIRO include:

            A4 DSP chip
            Aerogard, insect repellent
            Atomic absorption spectroscopy
            Biological control of Salvinia
            Development of Linola (a flax variety with low alpha-linolenic acid content) with a longer life used as a stockfeed
            Distance measuring equipment (DME) used for aviation navigation
            Gene shears
            Microwave landing system, a microwave approach and landing system for aircraft
            Use of myxomatosis and calicivirus to control rabbit numbers
            Parkes Radio Telescope
            The permanent pleat for fabrics
            Polymer banknote
            Relenza flu drug
            'Softly' woolens detergent
            Wi-Fi[1]
            X-ray phase contrast imaging

  23. Ars Scrapes the bottom of the barrel by Anonymous Coward · · Score: 0

    It's unlike ArsTecnica to have such poor journalism. Mind you, SlashDot is going the same way too. I normally scour Digg for my trash tabloid.

    Was this an obvious invention/solution? No
    Did CSIRO make their commercial position clear from day 1? Yes
    Did a number of US companies refuse to pay because they thought they could steal someone else's work? Yes

    This is HOW the patent system is meant to work.
    Ars, I recommend you get rid of that w@anker "wannabe journalist" now. he has no idea about journalism ... unless Ars is now just about the number of hits regardless of the trash they post.

    It's been said many times before ... CSIRO is a "Research and Development" house ... not a patent troll. They use the money gained from royalties/patents to develop "new technologies".

    AC

    1. Re:Ars Scrapes the bottom of the barrel by Lulfas · · Score: 0

      Was this an obvious invention/solution? No That is part of where the question comes in. All the tech used was already invented and known about. Of the three key pieces, OFDM was in papers from the 50s, interleaving in the 60s, and forward error correction in the late 60s. There was even a modem made on these principles sold to the US military 20 years earlier.

    2. Re:Ars Scrapes the bottom of the barrel by samoanbiscuit · · Score: 1

      But could the modem operate at high speeds in your house when you turned on the microwave or TV? CSIRO's could.

  24. Shaheet by pubwvj · · Score: 0

    I smell troll dung. From down under no less.

  25. Good for CSIRO? Not so sure by HuguesT · · Score: 2

    Let me start by saying that the money CSIRO will be receiving on the WiFi patents is well deserved.

    However, I'm not so sure wether this is such a massive win for CSIRO in the end. The reason for this is that it takes a lot of effort to patent things on top of researching them. This one set of WiFi patents will surely pay for itself but what about all the other patents which are not so lucrative?

    Meanwhile CSIRO is paying patent attorneys and patent agencies throughout the world instead of paying Australian scientists to do science work. It would perhaps be enlightening to see some numbers. I know for a fact that numbers of scientists at some CSIRO divisions have been dropping significantly. Is this a sign of good health?

    CSIRO is a public body. I'm not sure it should patent anything. Actually I'm not sure it should conduct business the way it does now.

    Disclaimer: former CSIRO employee here.

    1. Re:Good for CSIRO? Not so sure by Kalriath · · Score: 1

      The problem is that if they don't enforce it on highly visible cases like the core research underpinning WiFi as it is today, companies could see them as being lax at enforcing their commercial rights and more companies will simply choose to license their tech and not pay. I can't see how letting anyone off the hook could be beneficial to them.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    2. Re:Good for CSIRO? Not so sure by Anonymous Coward · · Score: 0

      Given that conservative governments shut down everything that isn't a profit centre or a vote winner, CSIRO's hands are somewhat tied. The Howard years saw science and technology in Australia suffer massively.

    3. Re:Good for CSIRO? Not so sure by Anonymous Coward · · Score: 0

      The problem is that if they don't enforce it on highly visible cases like the core research underpinning WiFi as it is today, companies could see them as being lax at enforcing their commercial rights and more companies will simply choose to license their tech and not pay. I can't see how letting anyone off the hook could be beneficial to them.

      The GP's point seems to be that the CSIRO, being a publicly owned research organisation, should never file for patents at all. All developed tech should be published free of charge and just focus on doing research instead.

      I have no opinion either way though I will point out that it's Australians who paid for the research, not the US, China or Europe so filing for foreign patents whilst making the tech available to Australian companies free of charge would be more logical.

    4. Re:Good for CSIRO? Not so sure by dkf · · Score: 1

      I have no opinion either way though I will point out that it's Australians who paid for the research, not the US, China or Europe so filing for foreign patents whilst making the tech available to Australian companies free of charge would be more logical.

      The only sane way to make that work is to allow the waiving of the fee for products sold to Australian consumers, but given how little wireless manufacturing actually happens in Australia, sticking the fee to everyone is actually simpler (and transfers the costs most directly to the beneficiaries of the technological improvement, which is actually damn fair overall). A more general insistence on the lack of patenting would be equivalent to preventing CSIRO from doing any commercialization at all, in which case this research would have just been used to make better radio telescopes.

      Yes, a double charge isn't wonderful but getting the benefits of the research used ubiquitously is definitely good, and that really requires commercialization (and hence things like patents and complicated methods of paying).

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  26. Re:You probably use aother CSIRO inventions someti by Anonymous Coward · · Score: 0

            The permanent pleat for fabrics

    This would probably get more patent money than WiFi

  27. Story Behind Why It's Pointless to Discuss TFA by Grieviant · · Score: 1

    Aggregate percentage of total posts on this topic from:
    Aussie nationalists with no clue about wireless communications: 40%
    Other nationalities with no clue about wireless communications: 58%

    1. Re:Story Behind Why It's Pointless to Discuss TFA by Crypto+Gnome · · Score: 2

      w00t!!!!

      I Am The Two Percent!

      --
      Visit CryptoGnome in his home.
    2. Re:Story Behind Why It's Pointless to Discuss TFA by samoanbiscuit · · Score: 1

      US nationalists who are all like "PATENTS ARE TEH EVULZ!" or "FUCK OZTRALIER!": 2% #justjoking

  28. Re:Australian Gov joins patent trolls by Kalriath · · Score: 1

    I'm confused. They developed a technology, yet somehow developing technology is stifling innovation? Of course they didn't make devices, that isn't their job - they're a research institution, and the patent system was designed to encourage research and development. This isn't a misuse of the patent system, it's exactly how it's meant to be used.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  29. CSIRO speaks truth to power..... by TapeCutter · · Score: 4, Interesting

    ...which is exactly what 'civil servants' are supposed to do, and is arguably more important than anything else they do or say.

    They're Australia's national science body, the equivalent of NAS in the US. Thier traditional role is to report to government in matters of science. The organization is nobody's lap dog, in the late 50's early 60's they were the ones who showed the causal link between high levels of plutonium in childeren's bones and atmosphereic nuke testing. Nearly two's decade before the French attack on the rainbow warrior, these guys were telling governments and newspapers why it should stop, even though they were under enormus pressure from the Australian and UK goverments to STFU and concentrate on killing those fucking rabbits.

    For at least the last decade, possibly longer, one side of parliment has relentlessly sought to soil the CSIRO's reputation because their climate reseach, ( which tells us we're shiting in our own nest ), offends the industry that is laying the golden shovels. From my personal POV the luddites with the golden shovels have failed in their efforts to assasinate the character of a group of exceptional 'civil servants', in fact they have significantly increased my respect for the integrity of the institution and the people within it.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  30. Old news by Anonymous Coward · · Score: 0

    Didn't we already talk about this?
    http://mobile.slashdot.org/story/12/04/01/2011245/australian-wifi-inventors-win-us-legal-battle

  31. What a load of inflamatory crap! by Anonymous Coward · · Score: 0

    This sort of post disgusts me.

    The CSIRO is a sterling example of why the patent system exists. They have done some amazing research over the years, and have given away many of their inventions without fee.

    I've made the choice to boycott slashdot, and have asked my fellow Aussie IT geeks to do the same.

  32. What's novel in the patent? by zalas · · Score: 4, Informative

    I only briefly looked at the patent, and it looks like it's simply the application of OFDM to wireless communication between computers. OFDM, for those who aren't very familiar, is a way to deal with linear time invariant systems that can corrupt the data. For example, you can consider the signal going from one antenna to the other as going through such a system. Since these types of systems will only modify the amplitude and phase of each frequency band separately, instead of mixing them together as would be the case in the time domain, you encode the information you want to send as specific frequencies. For example, if you send out a wireless signal and it echoes all over the place, the time domain signal gets all mixed up and "slushy". However, if you perform a Fourier transform on the input signal and the output signal, you'll notice that the echoing only caused frequency bands to individually get attenuated/magnified and/or shifted in phase, but none of the frequency bands has mixed together. OFDM exploits this property to provide for robust communication (well, it's a bit more complicated than that, but that's the general gist of it). However, it sounds like this patent is simply saying "hey, OFDM is good for wireless communication", which feels kind of obvious to me considering the point of OFDM.

  33. This article should be tagged "troll" by Anonymous Coward · · Score: 2, Informative

    Slashdot is increasingly becoming a platform for conspiracy theorists and political agendas; Maybe it's time for slashdot to post a story on the increase in shameless bias in slashdot articles?

  34. Ars flamebait = follow the money? by Anonymous Coward · · Score: 0

    One wonders whether the Ars article has been ... sponsored ... by an American company in order to stir up shit and create anti-CSIRO sentiment.

  35. Bruce is a good bloke. by TapeCutter · · Score: 1

    they don't say the same thing about the wheel

    Cough it up yank, the guy who owns the patent for the wheel lives in my home town.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  36. A better job by TapeCutter · · Score: 1

    "A better job" is why the CSIRO attracts such talent in the first place.....oh wait, you ment a job that pays more money than one needs to live comfortably?

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:A better job by MichaelSmith · · Score: 1

      Yeah like a job not doing research (in Australia anyway). Friends of mine who work in research generally dont live comfortably.

  37. Re:You probably use aother CSIRO inventions someti by Anonymous Coward · · Score: 0

    Great list there with some really interesting stuff. That myxomatosis and calicivirus bit, though, sounds like a bit of a euphemism for something or other.

  38. ABC Catalyst Story - Wifi Windfall by Anonymous Coward · · Score: 0

    Found the Catalyst story from 2009, Wifi Windfall

  39. Ban Venue shopping and Joining Unrelated Cases by bl968 · · Score: 1

    We need to pass legislation which bans Lawyers and Law Firms from venue shopping. For example the East Texas courts have been extremely favorable to patent claims and so firms try to bring patent cases there.

    With the Comhttp://mobile.slashdot.org/story/12/04/05/2131233/the-story-behind-australias-csiro-wi-fi-claims#monwealth Scientific and Industrial Research Organization being based out of Australia they should be required to file the case in whatever districts the corporations in question have their headquarters.

    They should also not be able to bind the case together unless there was a clear link between the companies in question (common owner, direct collusion, etc). I doubt they can tie Acer, Atheros, AT&T, Broadcom, Gateway, Lenovo, T-Mobile, Verizon, and Sony together in that manner.

    --
    "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    1. Re:Ban Venue shopping and Joining Unrelated Cases by dkf · · Score: 1

      With the Commonwealth Scientific and Industrial Research Organization being based out of Australia they should be required to file the case in whatever districts the corporations in question have their headquarters.

      But that allows for a different form of abuse. If the potential defendants have their HQs in areas where the federal courts are overloaded with other business, bringing any kind of case against them becomes impossible. You're promoting a greater form of injustice over a lesser one. (East Texas is favorable for bringing patent cases because its got a lower workload of other types of case and now has rather a lot of specialist knowledge in this area of law. It's not necessarily more favorable for winning the cases, but it does reduce the cost of bringing them at all.)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  40. Three are to blame by Anonymous Coward · · Score: 0

    I think the three are to blame:
    - IEEE; How can you define a standard if there are patents in place (that you are aware of) and have not agreed to royalties
    - CSIRO; It's a bit lame to only came back more than 10 years after the fact to claim royalties. You're supposed to be defending a pedant actively and don't start saying you didn't think 802.11a/g has only become successful very recently.

    As for the patent itself: I think it is a load of bullocks. Take some interleaving, OFDM, and FEC and patent it???? You cannot patent algorithms. OFDM (basically an FFT (or IFFT if you are a mathematician), interleaving (pure mathematics), FEC (pure mathematics). Who's to blame? Patent office probably.

    Perhaps I should patent 1+1=2, that should give me nice royalty to the end of my life....

    Patents are supposed to help innovation, so far it is just doing the opposite. /Flatlander

    1. Re:Three are to blame by Anonymous Coward · · Score: 0

      They didn't "came back more than 10 years after", they were trying to claim royalties for more than 10 years and only succeeded recently (in this one case).

      Here's a nice timeline.

  41. Prior Art? by nurb432 · · Score: 1

    While wifi might have been "invented" there, i see 2 problems:

    1 - Prior art of wireless communication existed long before in the form of packet radio.

    2 - Things of this nature that effects all of humanity should not be allowed to be held hostage like this.

    Oh, and #3, patent trolls taht wait until after a tech has widespread use, should be told to F-off.

    --
    ---- Booth was a patriot ----
  42. Yay by Anonymous Coward · · Score: 0

    IP = Slavery

  43. CSIRO is good people by Anonymous Coward · · Score: 0

    I have actually been to CSIRO and these are smart and good natured folks. The lawyers did what lawyers do, and now an agency of the Australian Government, near as I can tell, will get some new funding. Don't spend it all in one place! In fact, bank it and live off the interest forever. Office parties!

    JJ

  44. Ars author responds to article feedback by TankSpanker04 · · Score: 1

    Responses and clarifications on the CSIRO patent lawsuits:
    http://arstechnica.com/tech-policy/news/2012/04/op-ed.ars

  45. Aussies invented boomerangs too by ozduo · · Score: 1

    so any time a message bounces that's a patent infringement

    --
    I got to the chocolate box before you, that's why the hard ones have teeth marks.