Google's Schmidt: Patent Wars Harm Startups
Nerval's Lobster writes "Former Google CEO Eric Schmidt opened up to The Wall Street Journal in a Dec. 4 interview. Among the topics covered: the status of his company's ongoing patent war with Apple, as well as its attempts to make the Android mobile operating system more of a revenue giant. In Schmidt's mind, startups have the most to lose in the current patent wars: 'There's a young [Android co-founder] Andy Rubin trying to form a new version of Danger [the smartphone company Mr. Rubin co-founded before Android]. How is he or she going to be able to get the patent coverage necessary to offer version one of their product? That's the real consequence of this.'"
But buying up startups then killing their work doesn't?
to hurt startups so there's no competition!
You get the patent coverage by releasing version one and paying off whoever sues you.
If I have been able to see further than others, it is because I bought a pair of binoculars.
So what should the startup do if its patentable invention is an improvement to someone else's patented invention, but someone else isn't willing to license at a reasonable rate?
really?
that's how google built its business. taking the work of others and monetizing it. like say google news. aggregating news and making money from the ad revenue instead of the news organization
Those aren't the patents of concern. The problematic ones are those held by companies like Apple, that aren't essential but are rather pathetic and used as weapons against competitors. Let alone the hazards of patent trolls armed by companies like Microsoft, Apple, and IV.
Which patent trolling firm do you work for?
When patents are given for things as basic as rounded corners, or actions that have been around for decades, or grids of icons like my old Palm Pilot from the 90's.
Since most start ups lack the resources to engage in patent litigation, it is not a tool that is all that useful at this point.
How many hours do you think it would take to do a full patent search on a new device as complicated as a pocket computer which incorporates several difference wireless and wired communications, as well as a full-fledged operating system?
Now, add your "pennies per device" to those thousands upon thousands of hours, at legal rates ($200-$600/hr), plus add on several thousand dollars for each to ensure compliance with the terms.
Pennies per device just turned into over a million dollars before a single handset is produced. That isn't stifling?
Is it just my observation, or are there way too many stupid people in the world?
everyone has design patents and patents rectangles and other shapes. check the patent office.
IV is just a mutual fund and all the big tech companies like apple, google, cisco and others invest in their patent pools
And that's why there are no patent wars between smartphone companies. Oh, wait...
most of the patents in a smartphone are Standards Essential and fairly easy and cheap to license. a few pennies per device per patent owner.
Unless the patent holder is Apple. Who decided to f*ck with everyone and make a mess.
Rounded corners on icons? Where do I pay a few pennies per device for that? Oh, right, I just get sued into oblivion.
Those aren't the patents of concern. The problematic ones are those held by companies like Apple, that aren't essential but are rather pathetic and used as weapons against competitors. Let alone the hazards of patent trolls armed by companies like Microsoft, Apple, and IV.
Which patent trolling firm do you work for?
So if the technology is 'pathetic' and 'non-essential', who cares? Just don't use it.
Apple is using all means necessary to stop KIRFs. Some of what Samsung has done is flat out pathetic, and if you do your research they deserve all punishment received.
http://dcurt.is/chromebox-samsung
http://media.idownloadblog.com/wp-content/uploads/2011/08/samsung-vs.-apple-e1313955567548.jpg
http://peanutbuttereggdirt.com/e/custom/Apple-vs-Samsung-3-Package-Design.html
This is the link to the interview http://online.wsj.com/article_email/SB10001424127887323717004578159481472653460-lMyQjAxMTAyMDAwNDEwNDQyWj.html or maybe it only shows a summery depending who you are. I personally interpreted the article completely different; My summery would have been "Irrelevant Microsoft", but it touches on issues such as the antitrust case; owing a phone hardware company while expecting others to use your OS; The issue of Goggles relationship with Apple [Where WSJ got its title] all worthwhile topics of discussion, but as I said the thing I derived from it was Microsoft not being part of the "Gang of Four", and its products not even worth commenting on.
When he says patents hurt startups, he really means they hurt Google. Google is the underdog in the current patent world war, and they have the most to lose.
most of the patents in a smartphone are Standards Essential and fairly easy and cheap to license. a few pennies per device per patent owner.
not like you have to spend years in negotiations for tens of thousands of patents
most of these patent articles are just FUD and click bait
And how many startups are there that are creating smartphones? This argument has absolutely no relevance. Many patents relate to core activities. If a startup suddenly has to defend themselves because something essential to their software violates a few super-broad patents, that's money right from their bottom line. But it's also risk, which VCs don't like. It's a distraction, which is the LAST thing people need when they're using all their fingers and toes trying to get a business up off the ground. And if they lose, it's usually catastrophic.
This isn't theoretical; it happens. Patent battles have killed off startups. And they've impacted others. There was a report done by a law professor, Colleen Chien (what an unfortunate last name...at least it's not "Chienne"), which investigates this. A quote (I'd paste the chart in here too, if I could...check it out though):
Chien also discovered that patent troll are going after startups more than larger, well-established companies. And that makes sense; a smaller company is an easier target. Go after Google, Microsoft, HP, IBM, etc. and you're incurring the wrath of a giant. Sure, you may get paid out big time if you win, BUT you'll have to fight like hell. A little company that is more vulnerable to you than you are to them? Easy money...and a lot more of them, too. So it ends up being like the RIAA's wonderful strategy of going after people en masse...you make money by going after companies in volume.
For your security, this post has been encrypted with ROT-13, twice.
The argument for patents is to promote and protect inventions and provide the consumer with better products, etc. The problem is the system has been subverted with corporate money and closed the door to most who are not at the top of the food chain. The benefit to a patent should be an exclusive first to market incentive. It would seem a 5 year period should do this. Afterwards, the patent should become public domain for others to build on. This nonsense of never-ending patents as well as allowing patents for idiocy like styles or other non-substantive things is more evidence of the corporate takeover of the patent system. Five years. Thats long enough to get ahead if your intent is to do something with a patent. That doesnt necessarily mean you even have a product in five years, it means you have had a five year head start on anyone using that idea.
But ya.. that and $5 might get me a cup of starbucks.
all the standards bodies will have the patents listed for that standard. and if you buy say a wifi chip for your product then the chip maker already paid the royalty
but then you knew that since if you're shipping a product using some standard tech your company will be a member of that standards body or at least subscribe to their publications.
or you're dealing with everyone except Apple who like to abuse FRAND and sue others for using standards essential patents
everyone has design patents and patents rectangles and other shapes. check the patent office.
You're saying that everyone has the same design patents? I was under the impression that rounded corners on icons belonged solely to Apple? Or are you saying I can get my own patent for rounded squares that open up an application on a mobile device? I mean wasn't the whole logic in the Samsung Galaxy case about their devices being black with rounded corners and Apple's devices being black with rounded corners? I mean ... how does Samsung get their own design patent for that since you claim "everyone" has them?
IV is just a mutual fund and all the big tech companies like apple, google, cisco and others invest in their patent pools
I don't think you know what a mutual fund is. I don't think IV pays back to Apple, Google, Cisco, et al like they would if they were a mutual fund. And IV claims to be "helping the small guys" manage patent portfolios (although I can't find an example of this either). Furthermore, I found it really funny that you claim these large companies are their customers. Do you have any evidence of this? Because when This American Life did a story on them, they were having a hard time finding these imaginary revenue streams you speak of. Oh, you claim they have nothing to do with patent wars? Gee, it's super odd that on IV's site they have an article explaining how patent wars are a natural and necessary business expense and they've been going on since the beginning of time.
My work here is dung.
An actual correctly implemented patent search requires you to read all patents which are currently valid, because searching for keywords doesn't actually work unless you use the exact same terms for something you made and they made and since both of you invented stuff there is no consensus on the terms used.
I think about a 100 thousand man years for a smart phone.
Only the lawyers win......
I chose the wrong profession!
But I do sleep well.
Rick B.
FUD and click bait
I think someone is a little upset that they did not get to see a video of Eric Schmidt dancing with PSY...Gangnam Style Eh- Sexy Lady oh oh oh oh
and you know what, some of us old farts have seen this tech since the 80's
online? my parents were too poor to pay for AOL or Compuserve back in the day. otherwise these ideas are decades old
online shopping? Amazon started in 1994. before that there were lots of catalog companies where you could pick up the phone and give them your CC and get your stuff in a week or two.
OS patents? too bad for you MS and Apple did all the work for you over the last few decades
mapping? Microsoft had online maps in the 90's
lots of smart people saw these trends when you were still in diapers and worked out the basic tech. but just like other times in history, they did it too early and we're seeing the mass adoption part now. still doesn't change the fact that most of the tech that the kids try to pawn off as their own was created almost twenty years ago and sold off because the inventor couldn't make money off it at the time
the last really killer tech startup i can remember is Google and that's only because they invented most of the Big Data technology. and lots of these so called patent trolls work out a few algorithms that will end up part of a standard or part of some product but not a standalone product
most of the startups i read about now are like the dot bombs of the late 1990's or the founders are geek heads with no real world common sense
Because there's no reason the patents should have been issued. People trivially infringe upon them without realizing it, then get hammered with patent suits. And you never know until it's too late.
And they'll sell patents to troll firms, who will use them to attack their competitors. Not design patents but utility patents.
Why'd all the pro-Patent Apple White Knights come out of the woodwork?
What about the patent trolls? Oh, right, this is Apple White Knight hour.
Semiconductor companies have long held massive patent portfolios. They crossed licensed the patents to each other so, for them, the problem that you couldn't build anything without stepping on somebody's patent wasn't big issue. But startups don't have such portfolios and would be simply be crushed. Cyrix and Nexgen wanted to build x86 compatible processors but Intel had patents critical for compatibility that could not be worked around. They tried having their chips manufactured by IBM, which had cross-licensing agreement but both eventually had to be borged into larger companies (AMD and National Semiconductor) in order to keep operating.
I disbanded a startup about five years ago that would have filled a niche that's still underserved in the current market (though tablets and smart TV's fill some of it). The issue was the inability to do the things we needed to do because of existing patents on the basic ideas we needed to use and we all agreed that there wasn't a way to do it without licensing all those needed patents, which we couldn't afford.
This was extremely foolish. The correct course of action was to bring the product to market and ignore the patent morass. Use the money gained in the marketplace to fend off the government aggressors.
At the time we were silly and thought that following unjust laws was the proper thing to do.
That said, I hear Schmidt is being considered for Secretary of Commerce. I'm not his biggest fan, but he'd be better than most other people who could be nominated. If there's a chance for significant patent reform, this could be the essential piece.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
Capitalism marks bug report as "NOTABUG WONTFIX".
Committer adds comment "system works as designed."
Caretaker marks bug closed.
Welcome to the Panopticon. Used to be a prison, now it's your home.
In Schmidt's mind, startups have the most to lose in the current patent wars: How is he or she going to be able to get the patent coverage necessary to offer version one of their product?
Anyone wanting to create a smartphone must have deep pocket investors. This has to be one of the most expensive products in the world to innovate in for not only the hardware reasons, but the infrastructure and connectivity software reasons. Andy Rubin going into the smartphone business again is either done with VC smart money or it is done "dumb".
I personally can't imagine Rubin going back into smartphone creation, unless someone is going to properly fund the product with at least hundreds of millions of dollars.
Well, except that Google News doesn't have ads, and doesn't present the news, just headlines and minimal teaser excerpts with link to the story hosted by the source, who receives the clicks from anyone who wants to read the story -- and all the ad revenue.
Now, Google Search has ads, and news results are also included in Search results, so the engine behind news still contributes to Google Search ad revenue, but even Search still presents the same headline-and-minimal-excerpt as Google News, and still makes people go to the source for the story. The real problem some news organizations have with Google News is that it serves as a portal from which people might go to other news organizations stories, and some news organizations want people to use the news organization's own portal which presents only that news organizations stories. Of course, its trivial for site owners to opt-out of inclusion in Google News via, among other mechanisms, appropriate robots.txt entries; most don't, because Google News doesn't steal ad revenue from news sites, it drives revenue to them by providing a mechanism by which users discover content of interest.