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Google Sues Consortium Backed By Apple and Microsoft to Protect Android

A couple months ago, Rockstar, a patent-holding consortium backed by Apple, Microsoft, Sony, Blackberry, and others launched a barrage of infringement suits against Google and the makers of Android devices. Google has now launched a counteroffensive, seeking protection from Rockstar's patent trolling. The complaint (PDF) says, "Rockstar produces no products and practices no patents. Instead, Rockstar employs a staff of engineers in Ontario, Canada, who examine other companies’ successful products to find anything that Rockstar might use to demand and extract licenses to its patents under threat of litigation." Google's filing also accuses Rockstar of interfering with their business practices by contacting other companies and trying to convince them not to use Android. It asks for a declarative judgment of non-infringement.

150 comments

  1. About time. by Anonymous Coward · · Score: 3, Insightful

    They should have started sooner.

    1. Re:About time. by gnupun · · Score: 5, Informative

      They didn't have anti-patent troll legislation that was passed recently. Let's see how that law works in Google's favor.

    2. Re:About time. by Runaway1956 · · Score: 5, Interesting

      I care less about how it works in Google's favor, than I care about how it works in OUR FAVOR! In this case, I believe that Google's interest coincides with the "consumer's" interest. Anything to kill patent trolls sounds good to me. I'm aware, however, that the best of laws have those pesky unintended consequences.

      We, the end users, are already paying for illegitimate licensing over a broad spectrum of goods. It's unlikely that killing off patent trolls will do very much to end existing licenses. But, if we can see the beginning of the end of those bastard patent trolls, eventually the market price of consumer goods will start to go down.

      I actually do still favor Google, in general, but some of their practices aren't all that non-evil. I can't cheer the anti-troll legislation just because it seems to favor Google. I support that legislation for the sake of all of us, who aren't even players in the patent game. Ultimately, WE PAY for that nonsense.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    3. Re:About time. by Nerdfest · · Score: 4, Insightful

      That's the same reason I find myself being a fan of Google in other areas as well. They still seem to believe in open protocols and formats (although waning a bit recently), where others are trying to tie customers to their proprietary services.

    4. Re:About time. by Dachannien · · Score: 1

      They didn't have anti-patent troll legislation that was passed recently.

      I'm pretty sure that legislation is still in the Senate. See also this.

    5. Re: About time. by Anonymous Coward · · Score: 0

      Maybe they should open up GoogleAPI.jar or whatever it's called.

    6. Re:About time. by greenbird · · Score: 1

      I'm aware, however, that the best of laws have those pesky unintended consequences.

      This, my friend, is the crux of the issue. We have some bad laws (patent laws in this case). We know we have some bad laws. How do we fix it? By passing more laws. Yeah, that should work out well.

      Our government has risen to such a level of idiocy it's almost beyond comprehension. I keep having flashbacks to "Idiocracy". It's rather terrifying that that movie may become socially relevant in my lifetime.

      And that's not even the scary part. Those idiots are the ones in charge of every morsel of data they're now collecting on everyone and the militarized police forces to enforce their Idiocracy should anyone actually have the temerity to tenaciously protest it.

      --
      Who is John Galt?
    7. Re:About time. by AdamColley · · Score: 1

      It's already happening I'm afraid.

      There are universities in my country offering degrees in Surfing (waves, not the internet) and The Beatles.

      It's the end of civilisation as we know it.

      Additionally, Ayn Rand is offering no useful solutions. It is in fact people with a very similar philosophy to objectivism who have dropped us right in it now.

    8. Re:About time. by Anonymous Coward · · Score: 0, Insightful

      They still seem to believe in open protocols and formats

      Which alternate universe are you in buddy?

      Google search - Closed Source/ proprietary
      Google Plus - Closed Source/ proprietary
      Adsense/Adwords - Closed Source/ proprietary
      Youtube - Closed Source/ proprietary
      Maps - Closed Source/ proprietary
      Gmail - Closed Source/ proprietary

      where others are trying to tie customers to their proprietary services.

      Is this the reason I am forced to create a google plus social media profile just to have accounts on youtube, gmail, etc ?

      Oh but google is nice and wants to help you. OK Lets look at their terms of service.

      By using our Services, you are agreeing to these terms. Please read them carefully.

      Wow.. I am surely going to read these carefully since I was presented these the first time I searched something on google.com. Oh, wait.. no .. I wasnt. How can you agree with something that was never even shown to you? Only in Google's universe.

      When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content.

      Um.. yeah, google, go ahead and "communicate" "distribute" and "publicly display" my email. As long as its in the narrow definition of "operating" "promoting" or "improving" their service. A definition which they control - obviously.

    9. Re: About time. by Anonymous Coward · · Score: 0

      Really? All the big companies are doing it.

      Most of these big companies have some (and in one case, all unless you jailbreak) your app installation history. Undoubtedly the default browser sends your keystrokes while you type in the address / search bar for autocomplete suggestions. Several, on the guise of "wifi based gps" constantly sends your location back to head office (practically all mobile platforms).

      Those other companies don't need adsense and double-click, because the basic OS rapes your privacy already.

    10. Re:About time. by SlaveToTheGrind · · Score: 1

      I believe that Google's interest coincides with the "consumer's" interest. Anything to kill patent trolls sounds good to me. . . .

      Sadly, this is the same short-term "something must be done to keep us all safe" mindset that got us the Patriot Act and other similar founts of long-term regret.

      As to Google's interest coinciding with yours, you're only looking at half the picture. Google asserts its own patents against others. Thus, at the end of the day, Google (like many large corporations) is most likely in favor of legislation that will preserve its ability to do so, while reducing the little guys' ability to asserts their patents against Google (and, to some degree, reducing the little guys' ability to get patents in the first place). Including little guys like you and me.

      I'm aware, however, that the best of laws have those pesky unintended consequences.

      Well said. Yet another reason to take a deep breath and understand how difficult it really is to legislate principled distinctions between a patent troll and a garage inventor, and to make sure we don't neuter the latter in our zeal to "just do something" about the former.

    11. Re:About time. by Anonymous Coward · · Score: 0

      That's the same reason I find myself being a fan of Google in other areas as well. They still seem to believe in open protocols and formats (although waning a bit recently), where others are trying to tie customers to their proprietary services.

      Google is open so long as it suits their business.

      http://arstechnica.com/gadgets/2013/10/googles-iron-grip-on-android-controlling-open-source-by-any-means-necessary/

    12. Re: About time. by iamhassi · · Score: 1

      Google is the worse for tying customers to their services. Sign up for email and suddenly I'm getting flooded with google+ garbage I never wanted or asked for and there's no way to disable or opt-out. And now they want to put our real names on every youtube comment we ever made? Talk about invasion of privacy, and people thought apple was bad for having a walled garden of apps. Anything that stops google sounds good to me.

      --
      my karma will be here long after I'm gone
    13. Re:About time. by Rob+Y. · · Score: 1

      So... It apparently suits their business often enough that we that like open source and open protocols can benefit greatly from their contributions. And you have a problem with that?

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    14. Re:About time. by viperidaenz · · Score: 4, Informative

      Google open-source the technologies they develop to build their products on, not the products themselves.

    15. Re: About time. by Rob+Y. · · Score: 2

      So stop commenting on YouTube. It's not an invasion of your privacy for them to require your real name to comment on their site. Just don't do it. I personally am fine with them using my info to direct advertising at me, but am not okay with they're using me to sell stuff to other people (oh, that's Facebook, right). Seriously, 'Anything that stops google' from what? You can still watch the videos and copy/paste the URL's to friends. When they start posting 'Joe Blow just watched Deep Throat' to all his friends like Facebook does, get back to me, and I'll sign your 'Google is Evil' petition.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    16. Re:About time. by Anonymous Coward · · Score: 0

      While you make a great point about this, being about the users who would get a small break from patent trolls. Google has abused open source to a large degree, and while there efforts have thrown Linux into the mainstream, Linux has yet to really go anywhere, you have so much fragmentation of Android that it is setting back open source.

      I find it non-surprising that all the companies involved in this pact (and that is exactly what is going on a pact) are all closed sourced software, and have been ravaged by open source, and I would love to see it continue (open source).

      Having said that open source shouldn't be stereo typed, into one thing but there need to be some type of committee from the community to standardize basic functions that are found in closed source OS's.

    17. Re:About time. by gnupun · · Score: 1

      Google search - Closed Source/ proprietary
      Google Plus - Closed Source/ proprietary
      Adsense/Adwords - Closed Source/ proprietary
      Youtube - Closed Source/ proprietary
      Maps - Closed Source/ proprietary
      Gmail - Closed Source/ proprietary

      If Google were to open source all the above mentioned products/services, any company having money will create clones and host these services thereby driving down google's profits by order or two in magnitude.

    18. Re:About time. by Anonymous Coward · · Score: 0

      They still seem to believe in open protocols and formats

      Which alternate universe are you in buddy?

      Google search - Closed Source/ proprietary
      Google Plus - Closed Source/ proprietary
      Adsense/Adwords - Closed Source/ proprietary
      Youtube - Closed Source/ proprietary
      Maps - Closed Source/ proprietary
      Gmail - Closed Source/ proprietary

      Those are products, not protocols or formats.

    19. Re: About time. by Anonymous Coward · · Score: 0

      Didn't think this was a real defense to a patent lawsuit. If it was, there would be no such thing as a patent troll.

    20. Re:About time. by sydneyfong · · Score: 1

      Bullshit. Tell me when they release an open source implementation of MapReduce, Chubby, BigTable, their version of OpenStack, and the Linux variant they use on their own servers.

      Google just uses open source technologies developed by others to build their products on. The ones they actually develop themselves and release under an OSS license are the software they wish to popularize to push their own agenda. Not something evil per se, but everyone else on the planet does the same thing and they don't deserve the halo you're giving them.

      --
      Don't quote me on this.
    21. Re:About time. by greenbird · · Score: 1

      Additionally, Ayn Rand is offering no useful solutions. It is in fact people with a very similar philosophy to objectivism who have dropped us right in it now.

      I challenge you to point those out. In almost ever case where I see claims like these it's from people who don't understand Ayn Rand's philosophy. The world today is exactly what Ayn Rand railed against.

      --
      Who is John Galt?
    22. Re:About time. by Wovel · · Score: 1

      It would be a lot more believable if Google did not belong to several similar consortiums. The ownsers are all practicing entities, I doubt the new law would apply.

    23. Re:About time. by Wovel · · Score: 1

      keep telling yourself that. It has been true for 10 years, but keep telling yourself that.

    24. Re:About time. by Anonymous Coward · · Score: 0

      We know we have some bad laws. How do we fix it? By passing more laws. Yeah, that should work out well.

      You've hit the nail on the head. The inability of the US legal profession to acknowledge ethical conflict of interests that work to the benefit of their profession, and act appropriately in circumstances where these conflicts of interest arise, is both a source of the major problems with the patent system, and a barrier to solving those problems. Putting that in other words, the patent system is broken in large part because of problems with ethical practice of law: the recent anti-troll legislation merely treats a minor symptom and ignores the underlying disease.

      There is a fundamental truth here that we are currently wrestling with: legal professionals are in a position of ethical conflict of interest with respect to the nature, scope, and form of the legal system. The existence of a complex, confusing, even contradictory legal system -- one that frequently defies reason or common sense -- creates an enormous long term demand for the services of the profession. That's exactly what we have in the USA. It's not a conspiracy, simply the result of amoral, cunning, even brilliant (in a twisted way) individuals taking advantage of their circumstances as "caretakers" of the legal system, over many decades. Increases in human lifespan have made it profitable for these people to warp the legal system into something that works to their benefit over the long term. They completely disregard the damage they do to the legal environment in the process of looking out for their own interests. Unfortunately, there is no EPA to protect us from harm to the legal environment. The result is a complex, twisted mess of laws, precedents, rules, orders, and procedures, which will take a Herculean effort to untangle once society finally decides reform is necessary. It is no longer possible to simply separate the problems with the patent system from the problems of the legal system as a whole. Miscarriages of justice, and abuse of the legal system, happen on a routine basis as a result.

      Unfortunately, most of Congress is made up of lawyers (not to mention all the staff members that are lawyers). As a group, they don't have much interest in trying to deal with the legal ethics problem, and even if individuals were willing to rock the boat they wouldn't get very far because the Bar Associations are an enormously powerful lobbying group. Even more unfortunately, the problem extends to areas of law far beyond just patents, hence the actions of people like Aaron Swartz and Snowdon.

      All these lawsuits are simply the actions of unethical individuals perpetuating an unethical system. It's a mess, which could rapidly turn into a disaster as public dissatisfaction with government and the legal system continues to grow.

    25. Re:About time. by viperidaenz · · Score: 1

      Here's 982 open source projects released by Google
      https://code.google.com/hosting/search?q=label:google

  2. Oh how I wish by inode_buddha · · Score: 5, Insightful

    Oh how I wish PJ was around for this... she'd be all over it.

    --
    C|N>K
    1. Re:Oh how I wish by MrDoh! · · Score: 4, Insightful

      I sooo miss Groklaw. There's so many things happening I want the better view of it instead of the usual Florian copy/paste hack job.

      --
      Waiting for an amusing sig.
    2. Re:Oh how I wish by Anonymous Coward · · Score: 1

      Perhaps she retired because she was afraid of being exposed as a shill after she learnt metadata and emails were being collected. Certainly felt odd that she ragequit her extremely one sided coverage instead of using PGP.

    3. Re:Oh how I wish by Anonymous Coward · · Score: 0

      You know you're ready for suicide when you become a low life Microsoft shill.

    4. Re:Oh how I wish by Anonymous Coward · · Score: 0

      And perhaps you're just an idiot? Silly me, of course you are.

  3. Two prong attack by HellCatF6 · · Score: 3, Insightful

    They should have started sooner, AND
    They need to put the full-press on congress to improve the patent process. Patents mean almost nothing today. The office is overwhelmed, and it's up to patent courts to try and sort through the mess.

    1. Re:Two prong attack by greenbird · · Score: 1

      They need to put the full-press on congress to improve the patent process.

      Rollback, my friend. Please say 'rollback' rather than improve. If they try to improve they'll only make it worse. They'll improve in a manner befitting to the interest they're beholden to rather than in a manner that's beneficial to the people and the economy.

      --
      Who is John Galt?
  4. Why is Sony in bed with Microsoft and Apple by blippo · · Score: 4, Interesting

    Can someone enlightened explain why is Sony in bed with Microsoft and Apple against Google - Sony's only hope for their mobile and tablets division?

    Is it the media and games departments that are fighting a war against their own company?

    As soon as I think that Sony might be doing something right, they shove their heads up their arse again.

    1. Re:Why is Sony in bed with Microsoft and Apple by Runaway1956 · · Score: 3, Insightful

      "As soon as I think that Sony might be doing something right, they shove their heads up their arse again."

      Lack of oxygen, mostly. There's a lot of methane in the posterior orifice, and little oxygen.

      TBH, I cannot understand the thinking of the idiots who graduate to become corporate executives. Theoretically, they joined the consortium to save money. Being a member of the consortium, the other actors aren't going to go after them to extract licensing fees. Android, for instance, has been reported to have "earned" a couple billion dollars for Microsoft already. And, of course, Microsoft is ethically entitled to NONE of that money. Or, if they are actually, truthfully, entitled to any of it, they should have presented their case in court somewhere to demonstrate exactly what they should be entitled to.

      I'm sick of the status quo. Microsoft implies that a product may infringe upon one of more patents, but never does state exactly which patent, or how the infringement might be taking place. That doesn't exactly fit the modus of most patent trolls, but it's close enough for my purposes.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    2. Re:Why is Sony in bed with Microsoft and Apple by Anonymous Coward · · Score: 0

      Can someone enlightened explain why is Sony in bed with Microsoft and Apple against Google - Sony's only hope for their mobile and tablets division?

      Because in the gaming industry the proprietary content is tightly controlled. Playstation and Xbox are perfectly identical dreams come true for those two corporations. They want to extend that to mobile platforms too, but don't have any realistic chances with Android in action.
      And let's not forget the most basic reason, they're for-profit companies and this IS part of their business model, while for Google, working within an open-source environment is theirs.

    3. Re:Why is Sony in bed with Microsoft and Apple by Anonymous Coward · · Score: 0

      That is why confuses the shit out of me with this.

      I mean sure, Sony and Microsoft compete on the gaming front* but also agree on other areas of business, but this is both attacking and supporting the SAME industry, that makes zero sense.

      * which is hilarious since a family member was complaining about his XboxOne install taking forever just a few hours ago and said, after I told him about the several hour wait for his game to download, "Playstation never done this, I'm returning this crap."
      He waited for an hour before giving up entirely.
      How the HELL did Microsoft manage to screw up the reasonably simple and decent 360 install system?
      Even Sony learned from the PS3 installation system and streamlined the hell out of it, even allowing background installs so you can still play and update when you need to.

    4. Re:Why is Sony in bed with Microsoft and Apple by InPursuitOfTruth · · Score: 1

      Why do two theives work together on a heist? Sony, plain and simple, has pushed patented solutions where they have a licensing interest over open ones that are not patent encumbered for as long as I can remember, such as MPEG over VP9.

      Considering that Sony doesn't have much hope in phones and tablets with Android, and their hardware interests go far beyond that into things like camcorders and blu ray players, taking down Android would return us to a world of large patent licensing fees in products.

      It's too bad because if Sony ever supported the better codecs and containers, such as MKV, H264 and VP9, then their devices would be highly competitve.

    5. Re:Why is Sony in bed with Microsoft and Apple by Anonymous Coward · · Score: 0

      Video patents and gaming, perhaps? Sony has a significant interest in H.264, and an existing line of portable consoles with the PSP & Vita.

      Android phones are getting powerful enough now to erode the market for the latter, and Google's insistence on developing and publishing its own codecs like VP8 has the potential to undermine demand for the former.

    6. Re:Why is Sony in bed with Microsoft and Apple by ColdWetDog · · Score: 2

      Why do two theives work together on a heist?

      Money. Always follow the money.

      --
      Faster! Faster! Faster would be better!
    7. Re:Why is Sony in bed with Microsoft and Apple by Solandri · · Score: 3, Insightful

      Sony has been schizophrenic ever since they bought Columbia/CBS Records. Before then they were pro-technology, anti-strict IP. Sony was the defendant in the infamous Betamax case, where the TV/movie companies tried to argue we could only watch TV live, and shouldn't be able to use VCRs to time-shift broadcasts.

    8. Re: Why is Sony in bed with Microsoft and Apple by Anonymous Coward · · Score: 0

      Bullshit of epic and sad proportions. Google is a for profit company like any other one. They are not saints.

      Waiting to be down modded by gSheeps and AndroidCultists.

    9. Re: Why is Sony in bed with Microsoft and Apple by jareth-0205 · · Score: 2

      Google is a for profit company like any other one.

      This is what's sad... that we're down to saying that a for-profit company is necessarily like any other. Companies are run by *people*, and those people can choose what they do. A corporation does not always have to act in an immoral way in favour of profit.

      They are not saints, you're right, but they have been acting consistently in a better way than their contemporaries are.

    10. Re:Why is Sony in bed with Microsoft and Apple by andydread · · Score: 2

      THIS!!! exactly this. Sony used to be a pro-technology company until they got into the content business and now have become one of the biggest assholes. I went from owning exlusively Sony products to running far far away from anything Sony because of their behavior once they got into the content business. Will not purchase or reccomend Sony products until they leave that business. They are one of the MPAA and RIAA biggest members.

    11. Re: Why is Sony in bed with Microsoft and Apple by viperidaenz · · Score: 1

      Yup, Google is a for-profit company.
      The difference is their business model is selling advertising services, not software or other product.

  5. And their name is "Rockstar" by Fear+the+Clam · · Score: 0

    So fuck them with a rusty shovel.

    1. Re:And their name is "Rockstar" by HalAtWork · · Score: 1

      Oh, the makers of Grand Theft Auto!

  6. Sony ? by lord_rob+the+only+on · · Score: 1

    Ever heard of Sony Xperia phones ?

    1. Re:Sony ? by Anonymous Coward · · Score: 0

      Perhaps Sony is planning to offer phone capabilities on the Vita.

  7. Why did Google tried to buy them? by Anonymous Coward · · Score: 2, Insightful

    In 2011, Google lost an expensive bidding war for a group of Nortel Networks patents to a handful of technology giants including Apple and Microsoft that paid $4.5 billion. Two years later, a consortium jointly owned by those companies is suing Google for patent infringement.
    http://blogs.wsj.com/digits/2013/11/01/google-sued-by-patent-firm-owned-by-apple-microsoft/

    So they tried to buy a company that "produces no products and practices no patents."
    They must be glad they dodged that.

    1. Re:Why did Google tried to buy them? by Nerdfest · · Score: 4, Informative

      The company that bought the patents was formed just to buy the patents. The theory was that Google bought the patents because they knew they'd be used against them. Check Google's record on patent use, To my knowledge, they haven't used them aggressively, although Motorola had suits in progress before they bought them. The really nasty part about Rockstar is that they promised they wouldn't use the patents for this purpose, and then did.

    2. Re:Why did Google tried to buy them? by Runaway1956 · · Score: 3, Informative

      Sorry, your reading comprehension seems to be suffering. Google bid on the patents. Google never made any effort to purchase the company, Rockstar.

      http://en.wikipedia.org/wiki/Rockstar_Consortium

      You will note that Rockstar was formed by the members of the consortium for the purpose of patent enforcement. It appears to me that this enforcement has devolved into patent trolling.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    3. Re:Why did Google tried to buy them? by GrumpySteen · · Score: 1, Informative

      No. Google didn't try to buy Rockstar, which is the consortium that produces no products and practices no patents.

      Nortel produced a lot of produts. Google bid on some of Nortel's patents after they went bankrupt. Rockstar is the consortium that outbid Google and bought those patents.

    4. Re:Why did Google tried to buy them? by fostware · · Score: 1

      No. The backing companies promised not to use the patents this way, and then washed their hands when Rockstar said "well we didn't promise anything..."

      They're a corporate hitman, giving the backers plausible deniability and no surface area to countersue (since they can't infringe anyone else's patents when they don't make stuff)

      --
      "We know what happens to people who stay in the middle of the road. They get run over." - Aneurin Bevan
    5. Re:Why did Google tried to buy them? by Nerdfest · · Score: 1

      I'm hoping a judge does not allow this shallow deceit and fines them into the ground.

    6. Re:Why did Google tried to buy them? by Wovel · · Score: 1

      Motorola sues someone new every day. They are one of the most offensive users of patents in the world. Your high on Google's BS.

  8. Selective Memory... by Anonymous Coward · · Score: 4, Insightful

    For a quick history lesson, "Rockstar" was a consortium created specifically to purchase the Nortel patent portfolio. Google was invited to join this group, but declined. Furthermore, Rockstar wasn't the first company to make a bid for these patents. That honor goes to Google, themselves, who ultimately bid as much as $4.4 billion.

    So, instead of having a single company (Google) having control of a huge list of patents themselves we got Rockstar -- a company created specifically to share the patents among other big players so no one entity has control over it all.

    How this is construed as Google trying to protect Android is simply beyond me. If Google didn't see value in the patents they wouldn't have bid $4 billion dollars to get them. If Google was worried about protecting Android they would have joined Rockstar in the first place. Google made a serious strategic mistake and is now pursuing a legal course of action to try and rectify it.

    1. Re:Selective Memory... by Anonymous Coward · · Score: 1, Interesting

      Let me invite you to join my protection racket. You're fooling yourself if you think this company was intended to share anything but patent trolling money. The "invitation" did not protect Android OEMs from that (now confirmed) patent trolling.

      Strategic mistake? Go fuck yourself. Google should be suing for collusion.

      Merry Christmas.

    2. Re: Selective Memory... by Anonymous Coward · · Score: 0

      unless I am mistaken Google has only ever used patents defensively. it isn't much of a stretch to see that they were bidding for these patents specifically to defend android and that apple and Microsoft were doing so specifically to go after android. I find it hilarious to see how people twist the truth to push their anti Google agenda and I don't even like Google, since they are becoming a privacy destroyed.

    3. Re:Selective Memory... by fostware · · Score: 4, Interesting

      Google was invited to join this group, but declined.

      I promised I would never do this but.... citation please.

      I'm not willing to believe it unless you have a source that doesn't reference the same unattributed quote I found in three different news articles...

      --
      "We know what happens to people who stay in the middle of the road. They get run over." - Aneurin Bevan
    4. Re:Selective Memory... by Anonymous Coward · · Score: 0, Insightful

      Look shit up yourself you lazy fuck. No one is here to be your researcher because you're obviously too ignorant or lazy to do it yourself.

    5. Re: Selective Memory... by Anonymous Coward · · Score: 2, Informative

      Apple owns 58% of Rockstar. They effectively have sole control.

    6. Re: Selective Memory... by Anonymous Coward · · Score: 1

      You would be mistaken. Even as recently as September of this year, Google asked a judge to re-open a patent case against Apple -- a case that was previously dropped by the judge due to a "lack of evidence" from both parties. It's also worth noting that Google was asking Apple to now pay 12 times what they were previously paying to license the patents (the previous agreement being made between Motorola and Apple, before Google bought Motorola).

      http://gadgets.ndtv.com/mobiles/news/googles-motorola-mobility-sues-to-reopen-apple-mobile-patent-lawsuit-417692

    7. Re:Selective Memory... by jareth-0205 · · Score: 1

      Google was invited to join this group, but declined.

      Of course... what would it have got them? It would have given Google themselves protection, while leaving the manufacturers using Android (and who Google need) out in the cold and vulnerable. Google being part of that racket would have helped Android not a bit, they either needed to control all of them and use them to protect their partners, or not be involved at all.

    8. Re:Selective Memory... by SlaveToTheGrind · · Score: 5, Informative

      People appear to be conflating two different consortiums that purchased two different patent portfolios.

      Rockstar bought the Nortel patent portfolio. CPTN Holdings bought the Novell patent portfolio. Google was invited to join CPTN, not Rockstar.

      Confirmed by Google here.

    9. Re:Selective Memory... by SlaveToTheGrind · · Score: 1

      Your "quick history lesson" appears to uncritically regurgitate a meme that, so far as I can tell, has no support.

      Rockstar bought the Nortel patent portfolio. CPTN Holdings bought the Novell patent portfolio. Google was invited to join CPTN, not Rockstar.

      Confirmed by Google here.

    10. Re:Selective Memory... by Anonymous Coward · · Score: 1

      The grandparent (fostware) post is making no claims, merely doubting Google was ever asked to join Rockstar and asking for evidence. Meanwhile, the great-grandparent (Anonymous Coward) is making a claim, mainly that Google was asked to join Rockstar. In a case like this, the burden of proof is on the one making the claim. You're being an ass and not helping the claim.

    11. Re:Selective Memory... by andydread · · Score: 1

      Stop trolling pro troll. I know that you know that had Google joined with Microsoft to purchase the patents under the conditions Microsoft had layed out it would not have stopped Microsoft from attacking Google's partners HTC, Samsung, Motorola at the time and others using Android with these same patents. And slinging around the talking points of Microsoft does nothing for your credibility on this matter.

    12. Re:Selective Memory... by fostware · · Score: 1

      Thanks!

      Unfortunately I can't mark you +1 Informative like that post deserves

      --
      "We know what happens to people who stay in the middle of the road. They get run over." - Aneurin Bevan
    13. Re:Selective Memory... by Anonymous Coward · · Score: 0

      For a quick history lesson, "Rockstar" was a consortium created specifically to purchase the Nortel patent portfolio.

      To troll others with.

      Google was invited to join this group, but declined.

      Because they didn't want to be involved in patent trolling.

      Furthermore, Rockstar wasn't the first company to make a bid for these patents. That honor goes to Google, themselves, who ultimately bid as much as $4.4 billion.

      Because they didn't want those patents to be used for trolling (because they would be one of the obvious victims).

      So, instead of having a single company (Google) having control of a huge list of patents themselves we got Rockstar -- a company created specifically to share the patents among other big players so no one entity has control over it all.

      A company created specifically to extort money from the companies that aren't members.

      How this is construed as Google trying to protect Android is simply beyond me. If Google didn't see value in the patents they wouldn't have bid $4 billion dollars to get them.

      The value they saw in the patents was that they, or anyone making Android products, wouldn't get sued if they owned them.

      If Google was worried about protecting Android they would have joined Rockstar in the first place.

      I'm pretty sure that would only have protected Google, not the numerous companies making Android products.

    14. Re:Selective Memory... by sokoban · · Score: 1
      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 is the magic number.
    15. Re:Selective Memory... by Anonymous Coward · · Score: 0

      Is that the only citation? It seems to be referring to a different case:
        "Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no."
      Any citations referring to _this_ case?

    16. Re:Selective Memory... by AmiMoJo · · Score: 1

      Google only used patents defensively. It is against this kind of abuse, I.e suing the competition instead of innovating. Look at the two biggest players here: Microsoft is struggling to get people to use windows devices and Bing, Apple loves patent litigation and is widely thought of as having fallen behind in terms of innovation and market share.

      This consortium is not about protection, it is about attacking Google. Do you think they would even have let Google join? Of they were only interested in protection why sue at all? Google just sits on patents to prevent then being used against them, but these guys immediately start suing. Of Google had won those patients there would be no litigation.

      This is the classic definition of patent abuse. None of these guys invented any of this stuff, it was just sold so someone could use it as a shield or a sword as they saw fit.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    17. Re:Selective Memory... by Anonymous Coward · · Score: 0

      To be fair, it doesn't confirm that Google was _not_ invited to join Rockstar, but rather that Google was invited to join Microsoft in a similar situation, but declined.

    18. Re: Selective Memory... by Anonymous Coward · · Score: 0

      Except if Google bought into rock star, it would be an enforcer in this so called protection racket. Also if Google wanted to be a team player instead of trying to take the whole pie for itself, the price wouldn't have been driven up to $4.5b and all the companies would have been licensed for far less.

    19. Re: Selective Memory... by Wovel · · Score: 1

      Just google "Motorola Sues" all the links won the first few pages is google suing people. Several of these are in the past few months. Google is suing people all over the place.

      Here is Google suing Apple in August: http://www.forbes.com/sites/timworstall/2012/08/21/and-now-google-sues-apple/
      Here is Motorola Suing Apple in September: http://gadgets.ndtv.com/mobiles/news/googles-motorola-mobility-sues-to-reopen-apple-mobile-patent-lawsuit-417692

      Google has filed at least as many patent lawsuits as Apple and a lot more than Rockstar.

    20. Re:Selective Memory... by Anonymous Coward · · Score: 0

      Please see the +5, Informative posting above. From the article:

      Google says we bought Novell patents to keep them from Google. Really? We asked them to bid jointly with us. They said no.

      (emphasis mine) Brad Smith was asserting Google was invited to join the consortium buying Novell's patents (CPTN Holdings), not the Rockstar consortium who were buying the Nortel patents.

  9. Is this really patent trolling? by Dixie_Flatline · · Score: 2

    The shell company that holds the patents itself produces no products, but Apple and Microsoft certainly doâ"it's just that they hold the patents jointly through this 'Rockstar' entity.

    If this weird patent system is still what we have in place, this sort of joint ownership should be allowed. Leaving aside the relevance and desirability of the patent system today, I can't really see a problem with this. It's not really the same as a company that's never been associated with any endeavour related to the patents they own and who exist only to bilk money out of other people.

    1. Re:Is this really patent trolling? by InPursuitOfTruth · · Score: 5, Insightful

      But the companies themselves are not suing Google themselves, and are not claiming that Google infringes any of their products. In fact, these patents could apply to things for which no product exists, or could be so general, that nearly all products in that category use them. Unless you are claiming that another company is hurting your sales, you are a patent troll. Rockstar has no product sales and will not bring up the sales of its shareholders in court.

      Either way, they are trying to dodge accountabilty by using a shell company to sue. Besides hiding, they limit their own liability should Google prevail. Rockstar is clearly setup with one purpose -- to sue with impunity.

    2. Re:Is this really patent trolling? by c · · Score: 1

      The shell company that holds the patents itself produces no products, but Apple and Microsoft certainly doÃ"it's just that they hold the patents jointly through this 'Rockstar' entity.

      None of the patents held by Rockstar were invented by Microsoft or Apple and none of the parts of Nortel that actually built products based on the patents were purchased by Rockstar, Microsoft, nor Apple.

      That's pretty much the essence of a patent troll. That the owners might do some of their own stuff doesn't really change anything.

      --
      Log in or piss off.
    3. Re:Is this really patent trolling? by Anonymous Coward · · Score: 0

      Can you explain then how multiple companies should jointly own and enforce patents?

      AFAIK you can't assign ownership of a patent "60% to Corp A, 30% to Corp B, and 10% to Corp C" - so Corp X is created to own the patent, and Corps A-C can have shared stake in X.

      That also means only Corp X can sue for infringement, because Corp X is the owner. That doesn't magically make it a patent troll just because it doesn't produce related products directly; it is representing the interests of its owners, who DO.

    4. Re:Is this really patent trolling? by Anonymous Coward · · Score: 0

      This is where patents move from being related to creating something and sharing knowledge for the benefit of the general public and instead become a next-tier legal instrument used to bully or bludgeon competition. It has some similarities to derivatives or packaged mortgage securities, in that you can think of legitimate uses for them related to the purpose of the original subject/purpose -- i.e., spurring inventions and sharing of knowledge, creating/supporting companies, helping worthy candidates purchase a home -- but their popularity is due to their ability to be used in ways that generally tend to be completely detached from, if not counter to, the original purpose.

    5. Re:Is this really patent trolling? by Anonymous Coward · · Score: 0

      Why do multiple companies need to jointly own and enforce a patent? It doesn't seem like an outrageous idea or anything, but I also don't see any particular reason why it's necessary. How does it promote the progress of science and the useful arts?

    6. Re:Is this really patent trolling? by VortexCortex · · Score: 1

      The shell company that holds the patents itself produces no products, but Apple and Microsoft certainly doâ"it's just that they hold the patents jointly through this 'Rockstar' entity.

      If this weird patent system is still what we have in place, this sort of joint ownership should be allowed. Leaving aside the relevance and desirability of the patent system today, I can't really see a problem with this. It's not really the same as a company that's never been associated with any endeavour related to the patents they own and who exist only to bilk money out of other people.

      Nice business you got there. Be terrible if something happened to it. Join our consortium, and pay your protection money and we won't beat you up in an expensive court battle. This is a group of companies going against another company. It violates the principals of Corpratism by essentially allowing alliances to form expressly to leverage force other than through better products or prices. This is akin to how individuals formed tribes, and eventually governments -- The corporations will do the same at their higher conceptual level, and then they will begin fighting over the right to tax lesser organizations and individuals... as they have done, and are doing now.

      This has all happened before, and it will all happen again. Welcome to Cybernetics:101 - Emergent Behavioral Architectures

    7. Re:Is this really patent trolling? by Pharmboy · · Score: 1

      It doesn't promote the progress of science and the useful arts. It just stops other companies from promoting the progress of science and the useful arts. So everyone has to buy your "art" instead of the other guys. In other words:

      4. Profit.

      --
      Tequila: It's not just for breakfast anymore!
    8. Re: Is this really patent trolling? by Anonymous Coward · · Score: 0

      "Unless you are claiming another company is hurting your sales, you're a patent troll"
      Orly? This is a new one on me. There is no requirement that you practice a patent. Licensing actually encourages overall use in theory, as you shop around the tech and sell the rights to companies who will practice.

      But in reality no entity can ever use a patent or any form of IP in any way without incurring the ignorant wrath of /., so what's the point?

    9. Re:Is this really patent trolling? by Actually,+I+do+RTFA · · Score: 1

      AFAIK you can't assign ownership of a patent "60% to Corp A, 30% to Corp B, and 10% to Corp C"

      You can assign patent ownership jointly. The issue is every patent owner can then use the patent royalty-free. And that use can be licensing it to a third party. So, if you want to avoid a (potential future) bidding war between A,B and C when licensing to D; or you want to have a 60-30-10 royalty split the easiest way is to have A,B and C form X.

      The rest of your post is dead on.

      --
      Your ad here. Ask me how!
  10. Huh? by cjjjer · · Score: 3, Informative

    So they tried to buy a company that "produces no products and practices no patents."

    http://en.wikipedia.org/wiki/List_of_Nortel_products

    1. Re:Huh? by Anonymous Coward · · Score: 0

      It's MS so the slashdot haters will come out of the woodwork to circle jerk about the great and altruistic google.

    2. Re:Huh? by Pinhedd · · Score: 1, Informative

      I'm of the opinion that this is "too bad so sad" for Google, they had their opportunity to bid for the patents but didn't want to shell out for them. The billions of dollars in proceeds generated from that bid allowed my father to recoup some of his pension that he lost when Nortel collapsed. They didn't buy Nortel as a whole, they just purchased some of the IP that was auctioned off.

    3. Re:Huh? by AmiMoJo · · Score: 1

      Patent wars like this hurt all of us. Less innovation, higher prices. It hurts the US in particular because it is the worst place for patent abuse. You have less choice and your tech companies are hobbled by having to worry about patents all the time and waste money on lawyers.

      Your grandfather might have done okay out of it, but it's an immoral gain IMHO.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re: Huh? by Anonymous Coward · · Score: 0

      It's immoral for a company to try and salvage it's own assets in an attempt to pay its employees? Nortel developed these technologies, paid assloads of money to prosecute the patents, and then paid hundreds of thousands or millions of dollars to the federal government in maintenance fees. Why should not try and sell that asset to cut their losses? Why didn't they just knock down all their buildings and throw all their computer hardware out the window at the end too?

      A group of practicing entities bought over 4k patents, licensed themselves, and are now seeking a license from Google. This is a legitimate purpose. Google will pay to play and life will go on.

  11. Nthing like good ole 'Merican competition by adewolf · · Score: 2

    ...through litigation. These so called "consortiums" are clearly anti-competitive, while I have no love of any of these companies (Google is just as bad as the rest of them), they should be illegal, as described.

    --
    "The Brady Bunch is back...working homicide"
  12. Seriously you still believe *Do no Evil*? by cjjjer · · Score: 3, Insightful

    I believe that Google's interest coincides with the "consumer's" interest.

    As long as you hand over all of your personal data to them sure of course they will side with the the *consumer*.

    1. Re:Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 0, Insightful

      Sad tired troll. Why don't you go back to your desk in Redmond and do some real work.

    2. Re:Seriously you still believe *Do no Evil*? by Runaway1956 · · Score: 3, Interesting

      Do you block Google Analytics, and all their ad servers? Do you block tracking? I'm willing to allow Google some limited data, and I block the rest. So, no, I don't hand over all my personal data. Further, I encourage others (techies and non-techies alike) to block Google's tracking. I don't believe anyone can block it all, but neither do I believe that Google is going to waste time, money, or effort trying to track people who don't cooperate.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    3. Re:Seriously you still believe *Do no Evil*? by Runaway1956 · · Score: 3, Insightful

      You see, GP as a troll. I see him as a realist. Google's product is not software, but data. That data consists of your information, and mine. Please see my reply to GP.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    4. Re: Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 0

      So you're using their services, yet you refuse to "pay" for them. Just use some other service if you really want to make a stand.

    5. Re:Seriously you still believe *Do no Evil*? by fredprado · · Score: 3, Interesting

      Nobody is a saint in the corporate world, but not all corporations are equally rotten either. In comparison to most Google is still the better guy, and in this specific fight it is in most people's best interest for it to prevail.

    6. Re:Seriously you still believe *Do no Evil*? by swillden · · Score: 2

      I assume by "blocking" their servers you're talking about DNS or firewall-level blocking. That's hit and miss, since it depends on you keeping up with all of the right domains/IPs. A better solution (which can be applied in addition to DNS/firewall blocking; it needn't be "instead of") is to use the opt outs that Google provides. See http://google.com/privacy/tools.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:Seriously you still believe *Do no Evil*? by Runaway1956 · · Score: 2

      There are scripts to help a person with "keeping up".

      http://lifehacker.com/5060053/set-up-universal-ad-blocking-through-your-router

      That certainly isn't the end-all be-all, but it does remove a lot of work. Opt outs help. Adblock Plus and other browser scripts help, Ghostery among them. But, you are right, in that you have to take personal responsibility for your own security. Security is a process, not a product.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    8. Re: Seriously you still believe *Do no Evil*? by Runaway1956 · · Score: 1

      I would rather reverse the "master - slave" relationship. I use Google, but don't permit Google to use me, except under my own terms and conditions.

      https://www.youtube.com/watch?v=BoQBVgNtdqE

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    9. Re: Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 0

      Wrong. They just have the better PR and a lot a geeks on their side due to the lure of some open source snibbits. But at their core they are not better. All for many people believe their bs slogan. Which is sad. Their primary goal is to make profits. Nothing else.

    10. Re:Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 1

      Except Google is pretty open about what they do. All the other big companies take the same information (if not more, since credit cards require your address and real name - none of which you must give Google), but hide it away so users turn a blind eye to it.

      In particular, see i Ads.

      You see realist, I see whiney. Just install one of the many ad blockers (Ghostery, AdBlock) and you're safer in two seconds.

    11. Re:Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 0

      It's not your data which interest Google, it is knowing you.

      But even then, Google is not that bad compared to other companies, so I don't understand your outrage. To me, it certainly look more like mass hysteria against one company than rational thinking. For example, Steam is a lot worse and yet no one complain about them. Why?

    12. Re: Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 0

      Then you just buy Google. If you don't have enough money for that, maybe it's time for you to realize and accept that being the "master" is not your place.

    13. Re:Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 0

      Because I don't want google tracking me, it really doesn't matter why.

      For the record, I have an android phone but don't have any google accounts, nor do I use any google services, including search.

    14. Re: Seriously you still believe *Do no Evil*? by fredprado · · Score: 1

      Sure they are. Personally I do not believe their slogan as all corporations have their skeleton in their closets, but their policies are by far better for the users than Apple's or Microsoft, for example.

      Oh, and all business, be they small or large, have as their primary goal to make money, and there is nothing wrong with that.

    15. Re:Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 0

      Uhh, yeah. Everyone who actually cares about their data knows this. The people who use Google's services either accept this cost, or do not care about their data and are just happy about about the free services (free to them, since having their data private isn't worth anything to them). If you're not willing to pay the cost, don't use Google's products. That's just like with any other product, the only difference here is that the cost isn't money.

    16. Re:Seriously you still believe *Do no Evil*? by Mashdar · · Score: 1

      You seem, to really, like commas. :)

    17. Re:Seriously you still believe *Do no Evil*? by Runaway1956 · · Score: 1

      Maybe so. The first comma doesn't belong. The rest of my commas actually do belong. My writing just rolls out. I don't think about the punctuation very much, or the spelling, or even about grammar. I seldom proof read anything. All my posts just flow, straight from the brain, onto the screen. Ehh - sometimes, it's not exactly right, but I don't much care. ;^)

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    18. Re:Seriously you still believe *Do no Evil*? by MachineShedFred · · Score: 1

      There was an awesome sale on punctuation at the Grammar Store. I stocked up on semicolons.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    19. Re: Seriously you still believe *Do no Evil*? by Anonymous Coward · · Score: 0

      "Baaa!" said the sheep, about to be fleeced.
      Google are big business, just like Microsoft and Apple. None of them got where they are with clean hands, and personally I'm tired of this "but they're somehow Better" attitude that their fanboys seem to need to feel superior somehow, even though they're supporting yet another corporate sellout giant.

  13. Related fun piece of news. by Anonymous Coward · · Score: 3, Informative

    Apparently, Rockstar is now selling most of the patents they bought from Nortel for these lawsuits.

    It was a scummy business all along. It went like:
    Apple and MS: *buying up Nortel's patents*
    US DoJ: *stares at them intently*
    Apple and MS: "We promise to fairly license these patents to anyone!"
    US DoJ: *nods, turns away*
    Apple and MS: *passing patents to Rockstar quietly*
    Rockstar: "Ha! We're neither MS nor Apple and didn't promise shit, suckers!"

    1. Re: Related fun piece of news. by Anonymous Coward · · Score: 0

      Holy misleading hyperlinks. Rock star is selling SOME of the Nortel assets. Not the ones at issue.

      And is that really the chain of title here? I don't think so. Rockstar was created to acquire the patents. They were funded by those companies, and used that money to directly acquire the assets.

  14. Trying to convince them not to use Android. by nurb432 · · Score: 1, Interesting

    How is this illegal? It may be a PITA and uncool, but *every* business tries to convince you to not use their competitors products.

    If this flies, what is next, fan boys cant speak either?

    Unless there is true fraud involved ( pay-offs, lying, coercion, etc ) every company should have the right to win customers

    --
    ---- Booth was a patriot ----
    1. Re:Trying to convince them not to use Android. by Runaway1956 · · Score: 2

      http://en.wikipedia.org/wiki/Fear,_uncertainty_and_doubt

      Manipulating the market is unethical, especially when that manipulation includes dishonesty.

      IMHO, it's perfectly alright to tout the strengths and benefits of your own products. It's not alright to spread rumors that the competition's product is inferior, substandard, or whatever. In the case of Microsoft, they have historically stooped to some pretty low levels in their attempts to destroy competitor's good names. Some of that crap SHOULD be illegal.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    2. Re:Trying to convince them not to use Android. by Anonymous Coward · · Score: 0

      Winning customers is not the issue...

      Rockstar doesn't have anything to sell... instead, they just threaten to sue.

      and that comes under coercion.

    3. Re:Trying to convince them not to use Android. by Anonymous Coward · · Score: 1

      There is a difference between "convincing to use my product" and "convincing not to use their product", don't you think?

      Especially when "convincing" likely involves "... because we've got this here patents and you wouldn't want them turned on you, right?"

    4. Re:Trying to convince them not to use Android. by PPH · · Score: 1

      Possibly a case of restraint of trade. The actual details would be in various countries anti-competition statutes.

      --
      Have gnu, will travel.
  15. Mod AC parent up... by Anonymous Coward · · Score: 0

    ... to +5 informative, pls. HTH, HAND

  16. Nook by tepples · · Score: 2

    Or, if they are actually, truthfully, entitled to any of it, they should have presented their case in court somewhere to demonstrate exactly what they should be entitled to.

    Microsoft was prepared to do just that to Barnes and Noble before Barnes and Noble decided to settle.

    1. Re:Nook by andydread · · Score: 3, Informative

      B&N did not settle. They countersued and exposed the patetents Microsoft were threatening them with. Then Microsoft payed B&N millions of dollars to go away.

    2. Re:Nook by Anonymous Coward · · Score: 0

      LOL, no. Microsoft was too scared of having their worthless patents challenged in a court of law so they dropped it and paid Millions to B&N to setup a partnership that eventually fizzled.

    3. Re: Nook by Anonymous Coward · · Score: 0

      Exactly. They would have done this in litigation. And do you really think they didn't show at least some legitimate evidence of use to B&N before they settled? Would make no sense. Just because you can't find the proof of scribd doesn't mean it doesn't exist. NDAs.

  17. Vita Phone by tepples · · Score: 1

    Can someone enlightened explain why is Sony in bed with Microsoft and Apple against Google - Sony's only hope for their mobile and tablets division?

    Because Google isn't Sony's only hope. Sony Mobile could just switch from Android to a version of the PlayStation Vita operating system with cellular voice support. Now that Sony is opening up to indie developers, reportedly almost as wide as Apple's App Store, Sony might just be able to pull that off. Perhaps the only reason why Sony hasn't already done this is Time Warner's trademark on Vita Phone.

    1. Re:Vita Phone by ColdWetDog · · Score: 1

      "Help us Google, you're our only hope?"

      No, that just doesn't sound right for some reason.

      --
      Faster! Faster! Faster would be better!
  18. Such a nice way to sum up Patent trolls by BroadbandBradley · · Score: 3, Insightful

    "Rockstar produces no products and practices no patents. Instead, Rockstar employs a staff of engineers in Ontario, Canada, who examine other companies’ successful products to find anything that Rockstar might use to demand and extract licenses to its patents under threat of litigation." this statement sums up nicely how patent trolls are a stain on our modern patent laws and actually hinder innovations rather than promote innovation as patents are supposed to do.

    If you don't make a product using your patent, you really shouldn't have the right to tell others not to. To have an idea is one thing, but to actually bring it to market is something else entirely. To have an idea that could enhance the lives of everyone but do nothing but sit on it is counterproductive to the advancement of society as a whole. One good idea pompts many more good ideas, if all these patent trolls had actually been producing products instead we'd be much further ahead in terms of product innovations. Just in user interface design alone, there's stupid patents like "pinch zoom" for touch screens, How many other concepts never hit the market because of royalty fees or patent lawsuits?

    It boils down to the basic idea that information wants to be free, anything else is an un-natural restriction on the life force of the universe!

    1. Re:Such a nice way to sum up Patent trolls by Theaetetus · · Score: 1

      If you don't make a product using your patent, you really shouldn't have the right to tell others not to. To have an idea is one thing, but to actually bring it to market is something else entirely. To have an idea that could enhance the lives of everyone but do nothing but sit on it is counterproductive to the advancement of society as a whole.

      What about if you're not sitting on it, but actively trying to market to the people who can bring it to market? Say I, a home inventor, come up with a new way to drastically increase the efficiency and safety of nuclear energy plants - I'm sure as heck not going to get clearance from the government to start building nuclear generators in my garage. Should I not be allowed to try to license that idea to energy companies? And if I'm not allowed to do so, then why would I waste time writing it up in the first place? In fact, by preventing me from licensing it, aren't you taking away any incentive to do anything other than "sit on it", and isn't your proposal "counterproductive to the advancement of society as a whole"?

    2. Re:Such a nice way to sum up Patent trolls by EuclideanSilence · · Score: 1

      The idea that "whether or not a concept is being marketed should affect whether a patent is enforced or not" is wrong if anyone would bother to put even a small amount of thought into it. Counter example: What if you are selling it for a price that no one is willing to pay? Counter point: a NOVEL concept wouldn't be marketed anyway if the patent didn't exist. A little thought goes a long way.

      The term "Patent Troll" is just a label that gets used to avoid dealing with the actual problems of patents. The problem is that things are being patented which shouldn't be. If only those things which deserve a patent were being patented, then no one would have a problem with a 3rd party defending patent rights. If divulging a concept is enough to warrant market exclusion, then it doesn't matter whether a first or third party is defending the compensation for the divulging, or whether or not that party is actually offering the concept for trade.

      The ONLY purpose of the patent "reform" legislation is to make it impossible to challenge incumbent businesses. The only reform that would actually improve anything is a drastic (about 5 or 6 orders of magnitude) reduction of the number of patents being awarded.

  19. Arbitrage? by goombah99 · · Score: 4, Insightful

    I dislike patent trolls. But I cringe everytime someone says someone is a troll just because they don't make the product associated with their patent. I've patented invention (in laser physics). I don't make lasers or detectors for commerical purposes. I make inventions and then sell the inventions. I don't think that makes me a patent troll. Furthermore if sell my invention I might well sell it to someone who plans to make their money by selling licenses to the invention rather than making it. I'm glad they exist. Because it makes it easier to sell the patent, it means there's less risk to the inventor and thus more reason to invent. Conversely that company is making their money by arbitraging. While I might have sold it for more had I the resources to connect with buyers, there's risk to me, because it might flop. To them, by buying lots of inventors patents, some flop, some are worth far more than they paid. On average, by holding lots of patents, they make money by arbitraging the risk I want to avoid.

    SO it's better for everyone. more inventions, more of those inventions finding practical use because they are commericially available.

    SO what's a patent troll versus a legitimate arbitrager? Perhaps its deliberately collecting dubious patents and then suing people who probably developed the technology on their own as an extension of their legitimate manufacturing? It's a fine line. Some things are truly obvious in hindsight but these are not always obvious is foresight. What makes this hard is that Many times patents are not collected on till a long time after their invention. This makes them seem more obvious in later times than they were at the time of their invention.

    The things I invented were really almost impossible to do at the time, but 7 years later with newer technology they were easy to do. When they became easy to do, lots of people did it and sold products. When I informed them of my invention, they said, oh come on thats so obvious. And indeed it was, now, but defintitely not at the time. I know this because for example one of them allowed a laster to tune 1000 times faster than any other laser at the time was able to. It's quite apparent everyone would have invented that if they could have since it's so desirable. But 7 years later it seemed so easy to do.

    Thus it would not have been unreasonable for me to have sold that patent to an arbitrager and get my money up front. they can wake 7 years for the industry to start using the idea, then assert their rights and make cash. this is a good thing.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Arbitrage? by russotto · · Score: 3, Insightful

      The things I invented were really almost impossible to do at the time, but 7 years later with newer technology they were easy to do.

      Then your invention was worthless; it was unpracticable until it would have been obvious anyway. It's relatively easy to blue-sky a bunch of things you could do if some enabling technology were available, but in fact cannot do.

    2. Re:Arbitrage? by Anonymous Coward · · Score: 0

      Wow, that's breathtakingly ignorant! You should patent your method or apparatus for delivering uneducated forcefully embarrassing opinions with such blissful unawareness.

    3. Re:Arbitrage? by goombah99 · · Score: 1

      The things I invented were really almost impossible to do at the time, but 7 years later with newer technology they were easy to do.

      Then your invention was worthless; it was unpracticable until it would have been obvious anyway. It's relatively easy to blue-sky a bunch of things you could do if some enabling technology were available, but in fact cannot do.

      So I take it you only try to do things that are easy to do? Such a legacy you will leave this planet.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    4. Re:Arbitrage? by Rob+Y. · · Score: 2

      I think he's saying "I thought of it, but couldn't figure out how to implement it" is not enough of an 'invention' to merit a monopoly on the idea. Is that so complicated?

      I thought of the 'dual flush' toilet years before they appeared on the scene - but never bothered to build one (nor did I know how). Does that mean I deserve royalties from the other people who also thought of it and actually built them.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    5. Re:Arbitrage? by Theaetetus · · Score: 1

      I thought of the 'dual flush' toilet years before they appeared on the scene - but never bothered to build one (nor did I know how). Does that mean I deserve royalties from the other people who also thought of it and actually built them.

      No, because rather than publishing your idea, you sat on it and did nothing until someone else came up with the idea. Why should society give you anything, when you've been keeping secrets?

      Patents are not an award - you don't "deserve" royalties simply because you thought of something. Patents are a payment made in exchange for destroying a trade secret - in exchange for publishing your idea and telling everyone how to do it, society pays you a grant of a temporary monopoly. But if you don't pay your share, then society owes you nothing, sir. Good day!

    6. Re:Arbitrage? by sydneyfong · · Score: 1

      Patents are a payment made in exchange for destroying a trade secret

      Only if it were a worthy trade secret in the first place.

      in exchange for publishing your idea and telling everyone how to do it

      Right, how to do it. Pardon me for failing to see how making an invention which was "almost impossible to do at the time" is worthy of a patent...

      --
      Don't quote me on this.
    7. Re:Arbitrage? by Rob+Y. · · Score: 1

      Way to miss the point. Without having made the thing, I didn't have an 'invention' worthy of patent. Far from complaining that 'somebody else stole my glory', I'm saying there was no glory to steal. Everyday pipe dreams are not inventions - though I guess our patent system can be manipulated to treat them as if they were.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    8. Re:Arbitrage? by Theaetetus · · Score: 1

      Way to miss the point. Without having made the thing, I didn't have an 'invention' worthy of patent. Far from complaining that 'somebody else stole my glory', I'm saying there was no glory to steal. Everyday pipe dreams are not inventions - though I guess our patent system can be manipulated to treat them as if they were.

      It's not that I missed the point, it's that you're moving the goalposts. Originally, you said you had an idea, but sat on it and did nothing. Now, you've changed that to say that you didn't even have the idea. Uh, okay, but now your entire post is irrelevant. See, we're talking about people who did invent things and either published or sat on it, and what society owes them in exchange, not people who didn't invent anything and are now angry and bitter about those who did. Thanks, though, and have a nice day.

  20. end the trolls by mfh · · Score: 1

    Fix the system. Before a company can claim patent protection, the patent must be in use in a directly conflicting way. 99% if current patent claims would not survive this test. Rockstar makes nothing and operates as a privateer. Shut that down.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:end the trolls by viperidaenz · · Score: 1

      and invalidate all the patents too.

      The patent office needs to offer a service for those being targeted.
      If someone threatens to sue someone else, either without disclosing the patents or without describing how they are being infringed, the patent office should be able to investigate.
      If they find there is no possible infringement or the patent is a bit shit, all patents involved should be invalidated.

    2. Re:end the trolls by Actually,+I+do+RTFA · · Score: 1

      Rockstar is owned by MS and Apple and Sony. MS, Apple and Sony are producing products that use the patents. Does this change your proposed solution? If so, how do you account for that change in a general way.

      --
      Your ad here. Ask me how!
  21. Where's the FTC? by Anonymous Coward · · Score: 0

    It is pretty outrageous that some companies can team together to form an entity to collect patents and sue their competition with impunity.

  22. Mod Up parent. by Anonymous Coward · · Score: 0

    Parent defies the slashdot CW and makes sense.

  23. Dear Title Writer: by Anonymous Coward · · Score: 0

    At the least, get the ideas in the right order; An example: Google Protects Android by {...}

    ~ Please God, stop me before I jackboot grammar again!