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Patent Suit Leads To 500,000 Annoyed Software Users

ciaran_o_riordan writes "A rare glimpse at the human harm of a software patent lawsuit: company receives 500,000 calls complaining about video quality after a video call system was forced to change to avoid a patent. That's a lot of people having a bad day. We don't usually hear these details because the court documents get ordered sealed and the lawyers only say what the companys' communication strategists allow. However, for VirnetX v. Apple, Jeff Lease decided to go the hearings, take notes, and give them to a journalist. While most coverage is focussing on the fines involved, doubling or halving Apple's fine would have a much smaller impact on your day than the removal of a feature from some software you like. Instead of letting the software patents debate be reduced to calls for sympathy for big companies getting fined, what other evidence is out there, like this story, for harm caused directly to software users?"

38 of 180 comments (clear)

  1. Harm? by plover · · Score: 3, Insightful

    Inconvenience, perhaps. Inability to fill the retina display with enough pixels, maybe. But "harm"? I think some perspective is askew here.

    --
    John
    1. Re:Harm? by Dunbal · · Score: 3, Informative

      You're getting less than you paid for. Just like if you go to a restaurant and order filet mignon, and you're told you have to have chuck steak instead. For the same price. Your attitude is "you're still eating steak, why are you complaining?". Of course they are harmed.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Harm? by Anonymous Coward · · Score: 2, Funny
      That's true. But imagine if the rockets that will take the species to the stars have patented software in them? On the way to Andromeda, suddenly you get a cease and desist that you can't 3D print He3 anymore.

      Did you ever think of that? Hm, did you?

    3. Re:Harm? by immaterial · · Score: 3, Insightful

      Apparently VirnetX wants over $700 million to allow Apple to connect users directly (article isn't clear if that's in addition to the $328 million they already won). At the $2.4 million/month Apple is currently paying to relay calls, that costs more than 24 years worth of relaying. The patents will have expired long before that.

    4. Re:Harm? by Gr8Apes · · Score: 2, Insightful

      There's more harm here than mere latency. Now all communications go through known relays. The NSA must be dancing in the streets. Before they'd actually have to tap the actual IPs.

      --
      The cesspool just got a check and balance.
    5. Re: Harm? by Gr8Apes · · Score: 2

      No, but skimming through them, these are remarkably clear and short claims. Also, the '135 was filed in 2000, and I'm 99% sure that ToR already existed and did some of this then, if not all of it. VPNs and mechanisms to create links on the fly existed prior to this patent. So I'm surprised that the patent was found to be valid over Chat and video protocols, more careful reading is required.

      --
      The cesspool just got a check and balance.
  2. My give-a-darn meter is reading negative GADs by symbolset · · Score: 5, Insightful

    I am not going to cry for Apple over software patents. Software patents are a crime against humanity but they are in that fight using them to commit their own atrocities. There is nobody to root for in this fight. A pox on both their houses. Nice /. banner ad though.

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    1. Re:My give-a-darn meter is reading negative GADs by Ferzerp · · Score: 2, Interesting

      I think it's the hubris of Apple hurting the "software users" more than the patent holder. Instead of working something out, notifying its users, or something else, it just makes their app work poorly now.

      Perhaps they can be told they are holding it wrong causing connectivity issues....

    2. Re:My give-a-darn meter is reading negative GADs by Technician · · Score: 4, Insightful

      Apple has run a Walled garden protected by patents for a long time. Maybe it is time for them to simply switch to an open standard supported by many parties such as SIP. If apple adopted open standards, they could interface with Jitsi users, Linksys/Supra users, Grandstream users, Asterisk PBX users, etc.

      The reason they don't do this is because you are not locked to a carrier and can use ViaTalk, Ekiga, IPPI,Ring Central, or other providers. Same reason they don't offer unlocked phones.

      --
      The truth shall set you free!
    3. Re:My give-a-darn meter is reading negative GADs by Anonymous Coward · · Score: 4, Insightful

      What company has Samsung sued where the company hasn't sue them first?

    4. Re:My give-a-darn meter is reading negative GADs by Trolan · · Score: 4, Informative

      Same reason they don't offer unlocked phones.

      Hmm, I guess that "Buying from Apple" "Unlocked iPhones" section on their store support (http://store.apple.com/us/questions/iphone) was put there by hackers.

      It's the carriers that want the lock. Apple couldn't care less, long as they see the revenue for the device from someone.

      In any case, the problem here is in regards to the handshake, to handle NAT or other end-to-end traversal issues. Pretty much every protocol that wants to be peer-to-peer in a world with NAT has that issue, especially SIP (ergo, STUN. Nevermind how many SIP devices have no clue about IPv6, which is going to be another problem here soon). The VirnetX patent apparently covers some of how to handle that, and since their implementation apparently tripped over something in the claims, now FaceTime has to skip the direct attempts, and go via a relay.

    5. Re:My give-a-darn meter is reading negative GADs by rahvin112 · · Score: 4, Interesting

      You are VERY wrong about them not caring. Apple is adamant about having the carriers involved because overall it nets them far more revenue. Subsidized phone sales through the carriers allows Apple to charge probably 20% more for their product than they could on the open market. Carrier subsidized phones hide the price from consumers.

      This is one of the reasons iPhones don't sell as well outside the US. In many other countries phones are sold directly to the consumer, as a result the consumer is well aware of the price they are paying. The net result is they purchase phones less often and price shop more competitively. In the US market the carrier negotiates a price (actually Apple dictates the price and a minimum volume of purchases) the true cost of the purchase is concealed from the customer. That is GOOD for apple. Their phones are very overpriced and have margins the rest of the manufacturers can't sustain.

      Make no mistake, if US regulators tried to impose some of the same rules that European nations have imposed (in particular forcing carriers to unbundle the phone subsidy) Apple would actively campaign for the carriers. Hiding the true price is the only reason their sales are as high as they are in the US.

    6. Re:My give-a-darn meter is reading negative GADs by arbiter1 · · Score: 2

      Yea i haven't heard of any case of Samsung suing company X. Cept when it was Company X suing Samsung first. Samsung knows suing someone is bad PR, Hence why yes they have software patents but they are best kept for when other said company comes lookin' for easy $$$.

    7. Re:My give-a-darn meter is reading negative GADs by Fluffeh · · Score: 3, Funny

      Instead of working something out, notifying its users, or something else, it just makes their app work poorly now.

      *cough* maps *cough*

      *sips coffee*

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    8. Re:My give-a-darn meter is reading negative GADs by Gr8Apes · · Score: 3, Insightful

      Maps? Google didn't improve or do squat with the iOS map app until Apple kicked them off as a standard app. When Apple's maps came out, bad as they were, all of a sudden Google's map app came back improved and updated, with features that were only released on Android? Coincidence? Don't believe so..

      --
      The cesspool just got a check and balance.
    9. Re:My give-a-darn meter is reading negative GADs by greg1104 · · Score: 2

      Using open standards wouldn't change anything. Patent trolls sue Apple here because they have money to extract. They'd still do it whether or not the behavior was used in a standard. Submarine patents that cover standards described behavior happen regularly, but they never sue the people who set the standards. They sue companies with money who make stuff.

      At best, using a standard behavior might pull in a patent pool of companies to help with your defense, if that's part of the legal agreement around licensing the standard. There are so many patents covering smartphone behavior, the logistics of covering them all with a pool would be impossible to sort out even if Apple wanted to. Their constant aggression in filing lawsuits suggests they wouldn't even if the option were available.

    10. Re:My give-a-darn meter is reading negative GADs by pavera · · Score: 2

      By my reading, this company virnetx claims to have patented SIP... So Asterisk, grandstream, and everyone else is probably on their list as well. Anyone who setups up direct communications between 2 endpoints violates their patent.

      According to what I've read, using SIP secured by TLS/SSL and SRTP was only "standardized" in 2004, 1 year after these guys patented "setting up an adhoc VPN" between two devices automatically (which is what SIPS+SRTP does) according to them.

      So, I guess we'll all use VoIP again in 2023, once this patent finally expires.

    11. Re:My give-a-darn meter is reading negative GADs by gmhowell · · Score: 2

      Maps? Google wasn't permitted to improve or do squat with the iOS map app until Apple kicked them off as a standard app. When Apple's maps came out, bad as they were, all of a sudden Google's map app came back improved and updated, with features that were only released on Android because they were now free of Apple's restrictions on what features they were permitted to implement on the IOS version of the app.

      There, fixed that for you.

      Google wanted to put turn by turn navigation in. Apple stopped them because they didn't want Google advertising on it.

      Ahem, fixed that for you.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    12. Re:My give-a-darn meter is reading negative GADs by Gr8Apes · · Score: 3, Insightful

      That argument doesn't wash, it took Google quite a long time to provide Google Maps on the iPhone after being removed. They knew as early as June, yet it took them until Dec to release a new updated maps app?

      And it had nothing to do with branding, Google wants ad dollars and customer info. I'm pretty sure initially they thought they'd be fine without a maps app on the iphone. The drop in traffic and info I'm guessing spurred them to rethink that. From Apple's side, I'm sure that relying on a competitor for a key standard component was no small part of the decision to removing Google from the picture.

      For all of us, it was actually a good thing, even if Apple's maps aren't as good. Google has a competitor in the maps space now, and Apple, if they work at it, could become a real maps player.

      --
      The cesspool just got a check and balance.
  3. Tough, Apple by Animats · · Score: 4, Interesting

    "We have always been shameless about stealing great ideas." - Steve Jobs.

    Well, sometimes that comes back and bites you.

    "the data will bolster VirnetX's arguments that its patents are technologically significant, hard to work around, and deserve a high royalty rate."

    None of this would have happened if IPv6 had been deployed by now, and everything had a static IP address. Then peer to peer services just work.

    1. Re:Tough, Apple by PPH · · Score: 4, Insightful

      None of this would have happened if IPv6 had been deployed by now,

      The patent trolls would just refile all the existing stuff as 'do X in IPv6'. And the USPTO would grant the patents, resetting the term to start at the new filing date.

      Patents are supposed to be non obvious. Unless someone can show where Apple had tried (and failed) to implement the protocol in question until VirnetX published. And suddenly Apple succeeded. Then I'd buy the argument that Apple swiped their idea. But if Apple sat down on its own and built the same damned thing, I'd say the solution is a)obvious and b)trivial. Add any third parties coming up with the same thing and I'd say there's no way it is patentable.

      'Hard to work around' doesn't mean something is patentable. The wheel is pretty hard to work around as well.

      --
      Have gnu, will travel.
    2. Re:Tough, Apple by wisnoskij · · Score: 2

      "None of this would have happened if IPv6 had been deployed by now, and everything had a static IP address. Then peer to peer services just work."

      That does not make any sense, IPv6 is just more address space. The reason I do not have a static address is because then ISP can charge more for a static address, this will not change in IPv6.

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    3. Re:Tough, Apple by spire3661 · · Score: 4, Informative

      Its also that every address will be globally unique, so no more NAT traversal, which is what a lot of this 'innovation' covers. Its not 'just' more address space, its a fundamental shift.

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      Good-bye
    4. Re:Tough, Apple by petermgreen · · Score: 2

      Some would like ipv6 to be the end of NAT but I suspect we will still see some NATs either because of ISPs restricting addresses for buisness reasons* or because customers want to switch ISPs without renumbering internally or using PI space and BGP**.

      And even in the absence of NAT similar (thought slightly less complex) hole poking techniques will be needed to punch through stateful firewalls.

      * For example a mobile phone provider may refuse to perform prefix delegation at all to discourage tethering or a home provider may limit it's users to one subnet worth of addresses to discourage business use.
      ** There is fundamentally a limit to the number of organisations worldwide that can use PI space and BGP because for every organisation that does that there needs to be a route in every core router on the planet.

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    5. Re:Tough, Apple by tlhIngan · · Score: 2

      It changes because your ISP will give your router a IPv6 prefix. All the devices on your network can then use that prefix in combination with their own address to form a publicly addressable IPv6 address. It's the equivalent of your ISP giving you your own /8 address for IPv4.

      Potentially publicly accessible.

      Because nothing changes with IPv6, except things get WAY more confusing. You'll still need relay servers because there are little boxes known as "firewalls" that break direct connectivity. Right now stuff like STUN are used to get around them, and we'll still need them in the future.

      Sure NAT breaks DIRECT connectivity, but it's easy to detect NAT (most trivial way is detecting a public vs. private IP). And NAT with a firewall blocking all but 80, 443 and 21 brings about even more strangeness.

      Now imagine with IPv6 you have an "internet accessible" address, but cannot connect to it.

      In fact, it's easy with IPv4 right now because we always assume NAT. But IPv6 is likely going to be the same because we'll still have firewalls instead of NAT.

  4. Difference in complaints by Beardydog · · Score: 3, Interesting

    As noted in the comments the first time this was posted, this story doesn't mention the number of complaints received BEFORE the change, making the number 500,000, and the entire article, almost completely meaningless. Apple has millions of customers and, as with every company, a shocking percentage of them are either imbeciles or spend their days and nights pining for minor slights to write angry emails about. This could be perfectly average. The entirety of the information provided for the story comes from a party to the dispute.

  5. Re:DUPE DUPE DUPE - DUPE of URL! by noh8rz10 · · Score: 3, Insightful

    it's not a dupe, it's a continuation of an evolving story. to clarify the summary, the company that is mentioned in the first sentence is Apple, and the video calling system is Facetime. Also, I didn't know you could call someone to complain? I guess it's nice to vent, but I usually just go to the genius bar.

  6. Re:why should apple steal someone's work? by msobkow · · Score: 4, Interesting

    Look, here's the simple fact: peer-to-peer communications for any protocol is not a "novel" idea. It's a normal, every-day thing a programmer or engineer considers as a means of preventing bottlenecks at a proxy or server.

    Worse, the standards for SIP specifically set up peer-to-peer connections after the initial hand-shake, so every SIP stack is affected by this bullshit patent. In other words: virtually every IP phone on the planet, whether hardware or software based.

    The US patent system is fundamentally and badly broken. Everyone knows that. But I'm rooting for Apple to spank the everliving shit out of these assholes.

    --
    I do not fail; I succeed at finding out what does not work.
  7. Eh? by 0123456 · · Score: 4, Insightful

    Inconveniencing folks so they can't use technology until they give you money is the whole point of patents.

  8. Spoftware patents serve to prevent innovation by gweihir · · Score: 3, Insightful

    .. by competitors. Instead of doing R&D and very likely discovering things independently, the competitors are forbidden to innovate on their own and have to license the patent instead. The patent holder does not need to innovate either, they have the market locked down and can prevent anybody overtaking them.

    A truly evil thing.

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  9. Re:why should apple steal someone's work? by alen · · Score: 2

    if SIP did this before SAIC made this for the CIA then there is nothing to worry about since its prior art
    this work was originally created for the CIA many years ago when peer to peer video was not obvious

  10. Re:you arent alone by M.+Baranczak · · Score: 2

    noone is alone in hating software patents except the patent trolls.

    The patent trolls are alone in hating software patents?

  11. Re:Pity the poor bank robber by __aaltlg1547 · · Score: 3, Insightful

    What's novel about peer to peer communications? Isn't that what the internet is built of?

  12. Everyone's missing the point! by darkmeridian · · Score: 3, Informative

    Apple isn't complaining that it costs $2.4 million a month to work around the patent or that there are 500,000 complaints after the workaround was instituted. The patent-holder brought up these facts to show that their patent should carry a hefty royalty payment because Apple could not work around them--not only do you have to pay $2.4 million a month you also have to lower quality to the extent where you have 500,000 complaints even after paying that money.

    --
    A NYC lawyer blogs. http://www.chuangblog.com/
  13. Re:why should apple steal someone's work? by greg1104 · · Score: 2

    Expanding on this, peer to peer video using telephone lines as the transport was first demoed in 1927, and even by then the idea itself was decades old. Protocols for peer to peer video predate all commercial computers; the idea was already obvious a hundred years ago.

  14. Re:why should apple steal someone's work? by jsepeta · · Score: 2

    um, how about Apple being the first company to successfully market a Unix-based OS to consumers? they sold shitload more computers than Sun, and there's way more OSX in use today than Ubuntu. probably because it works better, and it got started in the early 2000's.

    we can also thank Apple for packaging together lots of useful features that weren't standard in the pc industry for years, such as mouse support, onboard 4-voice audio and built-in optical drives. until Windows 95, these weren't standard pc functions. and i know it was developed elsewhere, but having a 3.5" floppy drive beat the fuck out of using 5.25" disks. and working with Macs in the 1980's taught me tons about SCSI before I supported it on windows-based servers in the 1990's.

    i'm so tired of all the vitriol spewed at apple for "stealing other people's work". they've innovated the hell out of the tech industry and you should be grateful you morons. just having an item or a concept isn't useful until it's affordable and easy enough for lots of people to use it without hassle.

    --
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  15. Re:why should apple steal someone's work? by gmhowell · · Score: 2

    i'm so tired of all the vitriol spewed at apple for "stealing other people's work". they've innovated the hell out of the tech industry and you should be grateful you morons. just having an item or a concept isn't useful until it's affordable and easy enough for lots of people to use it without hassle.

    There's a few problems. Foremost is that you are addressing people who are angry at attempts to change computers for the benefit of the average slob. If they were happy flipping switches on a panel (or pecking away at a keyboard illuminated by the green glow of their text terminal) then everyone should be. They want to 'keep it real'.

    There are also sour grapes, some NIH, etc.

    My favorite from 'them' is "Apple is just a marketing company" accompanied with "anyone could do what they do". Somehow they never are able to explain if it's "so easy" and obvious why did it take until Apple did it for someone to do it? When I pose that question, comments regarding my sexual prefence, my mother's sexual proclivity, and the possibility that my religious affiliation involves a certain fruit based organization are raised.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  16. We need patents, but with reform by Phoeniyx · · Score: 2

    Whenever you hear stories like this, it's easy for people to call out for the elimination of all patents (just need to take a cursory look at the comments above). However, while the patent system needs reform, we still need patents. In many industries, companies would a lot of resources into R&D to come up with new inventions. If you let everyone random person/company come afterwards, reverse engineer the end-product, the company that invested all that R&D money will be at a complete loss. This situation is somewhat similar to the "legacy costs" of the big 3 auto manufacturers. They incurred all those labor costs (e.g. pensions, etc.) which is not an issue for the new companies, and as such are at a significant disadvantage in the market place. Similarly, if a company spends a lot of R&D money, but have to compete with other companies that DON'T have the R&D costs, but make the same product (due to no patents), the initial company will go belly up very quickly. Of course, this doesn't mean that all patents are good. MOST patents that I've seen are very obvious and get granted only b/c the patent examiner doesn't have enough time to really fight it out. The point system in the USPTO is a farce - when it comes to filtering out crappy inventions. While I completely agree that we need reform, calling for the all out elimination of the patent system is not any less foolish than continuing with the system we have now.