Patent Troll With Good Record in Past Sues Netflix, SoundCloud, Vimeo, Others Over Offline Downloads (arstechnica.com)
Netflix added the ability to download movies and TV episodes for offline viewing in November last year. Music streaming service SoundCloud, and video hosting service Vimeo have had this feature for quite some time, too. But they are all being sued now by a patent troll. From an ArsTechnica report: The plaintiff is a company few have heard of: Blackbird Technologies, a company with no products or assets other than patents. Blackbird's business is to buy up patent rights and file lawsuits over them, a business known colloquially as "patent trolling." Last week, Blackbird (who tells potential clients about being "able to litigate at reduced costs and achieve results") filed lawsuits against Netflix, SoundCloud, Vimeo, Starz, Mubi, and Studio 3 Partners, which owns the Epix TV channel. [...] The patent-holding company, which filed the lawsuits in Delaware federal court, has good reason to hope for success. The '362 patent already has a track record of squeezing settlement cash out of big companies.
Such innovation went into that one! I'm sure Netflix looked at their source code to figure that one out, because of how unique and original it is.
And their websites have square corners. Surely someone has patented that.
Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
Blackbird Technologies = Rancid bird shit IMO
This is why you see big companies constantly patenting little things that are seemingly obvious or otherwise inane. If you have a patent of your own, it becomes much easier to refute the claim of some other company that you're infringing on their patent. Then they would have to spend time trying to invalidate your patent, which might make it easier to invalidate their own. It probably doesn't even make it to court though as the legal team would just send them a nice "fuck off" letter in reply and the legal hyenas for the patent troll will just look for somewhere else to do their bottom feeding.
Seems odd skimming the patent to apply this to offline video caching. It seems fairly specific to a method of automating the process of ordering, duplicating and shipping CD media. There is some ambiguous text in there about "digital media". But it also has claims such as:
4. The method of claim 1, wherein said first module is configured to send at least one signal to at least one printing device to create mailing address labels for each of said requests.
Which, I'm sure netflix is not doing. Seems like an attempt to broadly use a patent that's not really related to the actual process being used.
Shocking...
yvan eht nioj
I think Netflix should ask for a jury trial on this one.
Is Watch Offline anything even remotely like burning and shipping a custom CD-R to someone?
Nor should we.
We should always care about Patent Trolling. Patent Trolling is a parasitic problem within our economy. Patent Trolling suppresses innovation, both economic and intellectual. Patent Trolling Negatively impacts people's standard of living, if in a non-direct manner.
If you don't care about this specific instance of patent trolling, you should care about it as an anti-industry that no doubt has and does impact you, even if you're not aware of it.
"That's the way to do it" - Punch
I want to vote against them, with my wallet.
Just because something has been wrong in the past does not mean it is wrong now.
Just because something has been right in the past does not mean it is right now.
Past performance is not indicative of present condition or future results.
Patents are written in extremely vague terms. It's done on purpose by the original patent writer so that the can capitalize on everything and every innovation that may do the same thing - see Xerox's original patents. They tied up photo copying for decades.
It's just karma.
If you don't like this then have patent laws reformed so that they have to be specific to the invention.
And eliminate software patents.
Why should those companies get a free ride of other people's hard work?
I get it--a patent troll troll.
Then keep the fuckers in court until their pocketbooks start bleeding real blood.
Chas - The one, the only.
THANK GOD!!!
> Filed in 2000
Web browsers did it before then and Usenet newsreaders did it before browsers.
If a patent troll wins, who do you think pays for it? Sure, the 'infringing' company at first, but ultimately, it's the consumers who shoulder that cost. I do not want my money going to a parasite that contributes nothing but taxing our legal system.
If I patent something and I am not allowed to sell my patent, or the buyer is not allowed to enforce it, doesn't that reduce the value of my invention and thereby suppress innovation?
Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
gtfo of here with that
no
It seems to me that online services have nothing to worry about here.
The patent has two independent claims. Claim 1 includes "command output device to transfer [data] onto blank media". (The patent envisions burning and mailing custom disks).
Claim 8 includes "command a printer to print a mailing label".
http://patft.uspto.gov/netacgi...
No, you can instead license your patent to somebody exclusively & as long the patent is valid, which has the same result as selling it.
I print all of Trumps tweets
Should I be worried about these "trolls"
You have much, much bigger things to be worried about.
Gotta admit, that one's got me scratching my head.
Hopefully the photographer of that pano of the Zakim Bridge can sue them for copyright infringement. (assuming they didn't pay him royalties)
"further configured to download said subset to one of said output devices, and further configured to command said output device to transfer said subset onto blank media" - Phones / Tablets /Devices aren't really media but then again it seems like they count it as such for this patent (nice stretch there). However are they blank to start? Nope.
They gave the inventor one stretch by calling a device that stores something media but what about the word blank? Kind of hard to get around the term blank. Meaning nothing on it.
I'm probably misguided but if I'm right then problem solved.
What is the core problem? Lawyers are always hungry, like flies - you don't blame flies for a fly problem do you? What is the big warm pile of smelly?
Since they made the wording so broad, it sounds like a download manager.
They should sue Headlight Software for making GetRight, in 1997....
Go get 'em Netflix!
Grab them by the patent!
sudo rm -r -f --no-preserve-root /
A lawyer for the plaintiff would argue that "blank media" and "an empty area of an already-formatted and currently-in-use media" are substantially similar for the purposes of the doctrine of equivalents.
Blackbird should sue Newegg since their app allows for offline caching of some of their catalog contents (for when yougo offline).
Then, Newegg would happily tear a new one up Blackbird's behind.
Money is not the sole reason for doing anything. The pursuit of things that result in less socialization I find to be a problem. The myth that the lone wolf-person is the sole provider of culture and invention impairs development more than anything else.
You forgot to set the "Sarcasm" flag
So when did you last acknowledge your black overlord?
oh, that would be never. Of course.
Hypocritical chumpists
Always easy to spot the wingnut. Has to cry about the other kind of wingnut every chance they get.
So when did you last acknowledge your black overlord?
Orange is the new black.
He's getting rather old, but he's a good mouse.
"Always easy to spot the liberal"
Always easy to spot the law-breaking political fuck. You republicans, democrats, and liberals are all the same, pushing the blame elsewhere when you're to blind/lazy/stupid/retarded/cowardly to own up to your own shortcomings.
Meanwhile, I'm the only person with any common sense. You should all go fuck yourselves.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
This shit is a natural outcome of having Too Many Fucking Lawyers. Like sharks in a small space, they competes for food and eat their own. I remember reading LONG ago that there are more lawyers per capita in the US than in the next closest country (Japan) by a factor of 10! As I recall in was something in the neighborhood of one lawyer for every 250 people in the US.
Maybe we could ration them by limiting the # of accredited Law Schools like MDs control the growth of too many MDs. ;^)
Perhaps having them buy medallions like cab drivers have. Maybe a random Lawyers Lottery day once a year where you could shoot on sight any lawyer found scurrying about outside.
In order for a patent claim to be valid, it must propose a concept, idea, or item that is useful, novel, and non-obvious. The PTO's examiners need to grow a backbone and continually push back on this shit. They didn't and they still don't.
There are no patent trolls. If you advocate the patent system then this is what you get.
Given that you're surely well over 40, your comment saddens me.
God help them if they tried that shit on me. People need to really do some harm to these patent trolls so even lawyers are afraid to work for them. I'm talking mid evil type of things. Seriously, sometimes violence is exactly what we need to set an example.
Right. Like transgender bathrooms, 500 new genders, not being able to state your opinion if anyone disagrees, the loss of the family, gay freaks, Muslim refugees rioting and raping our children, the welfare system and its generational dependants, the Denise of our American values in lue of being tolerant to the minority freaks, fucking society is collapsing.
Soooo, you're the 1-D-10-T, Open-between-the-headsets working under the prejudices inculcated in the majority by age 18?
Einstein's definition of common sense
in this world, we need UNcommon sense
I would not worry. The innovation is being done offshore in countries that do not recognize parents. They do recognize copyrights. I expect to see Netflix and othersove to those locals.