Slashdot Mirror


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.'"

29 of 161 comments (clear)

  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 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?

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

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

    3. 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.

    4. 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?
    5. 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)
    6. 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)
    7. 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
  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 MichaelSmith · · Score: 4, Informative

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

    2. 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.
  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 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.

    2. 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.

    3. 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.

    4. 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".
    5. 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).

    6. 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.

  4. 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!
  5. 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

  6. 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.
  7. 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.

  8. 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
  9. 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?

  10. 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
  11. 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.
  12. 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.
  13. 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.