Al Gore Can Rest Easy -- Verizon Claims the Internet
Ever since his maliciously maligned interview with CNN, Al Gore has been tagged with the "invented the Internet" punch line. He never said it, never claimed it, and in fact did push the Internet as a member of Congress for many years ahead of his time. No matter, the myth lives. Until now.
It seems Verizon has taken out a patent on the Internet. All of it.
We know this as a result of that court case in which Verizon is trying to sue competitor Vonage out of business. Vonage offers telephone service over Internet connections, and so takes customers away from Verizon. In tried-and-true form, Verizon filed suit and a silly District Court ruling (currently being appealed) awarded Verizon $58 million plus a piece of Vonage's revenues.
But the interesting part comes as part of the decision. Here are three claims upheld by the U.S. District Court, as quoted from the decision that could cost Vonage big time:
“6. A method as in claim 1, wherein the public packet data communication network is a packet switched network.
7. A method as in claim 6, wherein the packet switched network comprises a system of interlinked data networks using TCP/IP protocol.
8. A method as in claim 7, wherein the system of interlinked data networks comprises the Internet.”
Look closely at what those supposedly valid claims describe. A public packet data communications network? A network using TCP/IP? Interlinked data networks? Verizon has patented the Internet.
The point of the Vonage suit is not to enforce a patent -- it's to crush the competition and if it takes staking a claim to the Internet to to it, then that's what it takes.
We certainly hope that a court which actually knows something about patents will reverse this ruling later this month when the case is heard in the U.S. Court of Appeals for the Federal Circuit. In the meantime, it's valuable to step back and ponder the hubris of a company that portends to patent the Internet -- and gets away with it.
This is not an isolated example of a telephone company asserting its muscle. AT&T and Qwest (along with Sprint) blocked calls to free conference-call services, allegedly over a dispute for payments. These services are used by non-profits, which suddenly found themselves being directed to higher-priced services offered by AT&T and Qwest.
There are FCC actions in the works, and an antitrust suit has been filed.
For those of us who want a Net Neutrality policy, the old adage is true: You’re not paranoid if they really are after you. Or, to put it in context of the 100-year history of anticompetitive behavior by the phone industry: Genetics wins.















I switched from Verizon to Vonage about 2 years ago after a slew of annoyances from bad phone service to lousy DSL connections.
I still fondly remember the day I went outside with a pair of wire clippers and snipped the 60 year old phone cable entering my house. Those were the days.....
April 11, 2007 4:34 PM | Reply | Permalink
I'm a long time Verizon hater for its sleazy and anti competitive practices. Verizon is NOT a technology or innovation company. Its MO has consistently been to merge and acquire market share to stifle competition and slow innovation, milk out maximum short-term profit, and ultimately hurt the public interest and keep our internet years behind the rest of developed nations.
Verizon should be litigated for anti-trust, the FCC hitting them hard, and maybe even have their license revoked if they continue anti-competitive practices.
Japan, South Korea, and Western Europe have wired and wireless internet 10x to 100x faster than our fastest connections. Broadband on cell phones has been common there for years. Thier fastest cellular connections are now faster than most of our wired connections. Broadband access is now ubiquitous in other developed nations, even with people on the go.
Think about that. They went from us inventing the internet and thier having zero, about a decade ago, to now being an order of magnitude ahead of us. That's what happens when nations know how to build infrastructure efficiently: a complete leapfrog of slower nations.
It's directly because their regulators continually force adoption of the latest and greatest technology standards, and do NOT allow anti-competitive practices, whatsoever. As a result, those technology providers are the most efficient in the world and everything they do is towards competition, because they have no choice, they can't even consider stifling the market to maintain share.
By comparison, take Verizon, a merger/duopolist company if ever there was one. It long refused to adopt the global cellular standard, GSM, which meant that US handsets and towers were incompatible with the majority made in the world and the latest technology. Of course that also served to block out competitors from shared licensing agreements of Verizon towers and made the few handset makers willing to adopt the Verizon standard largely dependent on Verizon's business. A classic anti-competitive practice.
The result for the consumer? Japan, South Korea, and Western Europe are way ahead of the USA in terms of wireless data speeds and have as a result developed far superior technology and services, rate plans, and handsets.
The US is still several years behind.
The technology has become so ubiquitous in their society that they've invented new applications to benefit everyone from the young to old, in ways we can hardly even imagine. For example, in Korea, high res video conferencing is widespread among housewives to trade recipes and such for more healthy social interaction than just passively watching TV. Even the poorest family K-12 student has ubiquitous internet access.
If we had a decent regulatory oversight in America, we would have done exactly what Japanese, South Koreans, and Western Europeans did: mandate companies upgrade in reasonable time to the best and most compatible standards, and compete on service, not on duopolist strategies. Otherwise they would lose their license to operate on the public airwaves and public infrastructure.
April 11, 2007 5:08 PM | Reply | Permalink
Which District Court was it? Just curious...
April 11, 2007 5:14 PM | Reply | Permalink
I don't read this as claiming the internet, but instead as claiming the use of the phone over the internet. The patent is more than five years old. I think we would have heard something by now if they were really claiming the internet, and it's crazy anyway, because the basic idea and basic practice of the internet was around for decades before the patent was issued. It was invented by the government.
http://en.wikipedia.org/wiki/History_of_the_Internet
http://tinyurl.com/25q2po
April 11, 2007 7:05 PM | Reply | Permalink
The wireless speed comparison is not 100% fair. South Korea is a small country, (38,000 square miles, about one ninety-fifth the size of the US) as are the other most-wired-up ones.
With 50 MM people in such a small area, (Seoul, for example, with 23MM inhgabitants, is the world's second most populous metro area after Tokyo), they have the density to support 4G wireless before it is profitable or practical in bigger countries.
And doesn't VZ offer megabit wireless in larger US cities?
April 11, 2007 11:31 PM | Reply | Permalink
They have high speed wireless nationwide, including burbs, rural, and underground, not just in Tokyo and Seoul. And broadband 10x to 100x faster than ours. For years. Including larger metro areas and burbs. Did you know?
That's really an excuse and spin from US telecoms you're quoting. It's not just untrue, it's a great example of corporate "big lies" to spin public perceptions.
The population density excuse/argument is totally bogus. It's antithetical to how "cellular" networks function in reality.
In cellular networks the number of towers scales dependent on subscribers, NOT population density. That is because the potential range of cellular towers is large, tens of miles, while the frequency bandwidth is pretty small.
If you can fit 100 subscribers in your bandwidth on one tower, you have to build a tower for every 100 subscribers and then tune its gain down so as to not interfere with the next "cell" of 100 users on the next tower. But the range of that tower can be miles or blocks, so as long as pop density falls within a broad range, it's basically irrelevant. Any US city and larger metro area qualifies easily, and so do most burbs and even some rural areas.
In really high population density areas, like downtown of any major city, you actually have to do a lot of work to avoid interference and manage handing off mobile users between towers, because you have too many subscribers in too small an area trying to use the same radio frequency.
Actually, the economics favor the USA in many regards. We have as many potential subscribers in optimal density areas than Japan or Korea have in their entire country, including their burbs and rural areas.
If not for anti-competitive practices and lack of standardization, we would be the leaders.
Pffft. Finally. Every other developed country had 3G broadband cellular years ago. W-CDMA (3GSM) rolled out in limited areas in 2001, by 2004 Japan had national coverage including underground at broadband speeds.
VZ's standards like EV-DO are garbage only valuable for incompatibility with competitors. International 3GSM standards beat them in performance and were widespread years ago.
VZ's only began offering broadband when foreign companies started building out their own GSM network in America. VZ realized they couldn't beat them and couldn't shut them out. But they sure as hell tried for years, and are a major reason why we're years behind.
I refuse to buy any Verizon product, from internet to long distance to wireless.
They're an anti-competitive company, they abuse patent litigation and strong arm techniques, they're against net neutrality and are trying to set up toll booths, they have atrocious labor practices... and I could go on.
They're just an all around evil company run by rotten people.
April 12, 2007 1:34 AM | Reply | Permalink
That's a meaningless distinction. What they're attempting to patent is basic operation of the internet in order to gain sway over its usage, specifically to ban basic internet protocols usage for voice, i.e. phone-like usage.
Of course the patent is totally bogus, but the point remains it's typical of VZ to use bogus patents to litigate and harass competitors, and ultimatly harm consumers.
That's the kind of anti-competitive company VZ is, to the bone. Its proven that again and again and is one of the most evil companies around.
That's why I'll buy no Verizon products whatsoever.
April 12, 2007 1:53 AM | Reply | Permalink
It's enough to make you miss simple AM radio and newspapers....
April 12, 2007 7:01 AM | Reply | Permalink
"What they're attempting to patent is basic operation of the internet"
No. Just phone over the net. Read it again.
And while we're on the subject of Verizon (cellular), didn't they recently refuse to turn over phone records to the government when most phone companies, including Verizon (land-line) meekly complied?
April 12, 2007 7:30 AM | Reply | Permalink
"They have high speed wireless nationwide, including burbs, rural, and underground, not just in Tokyo and Seoul."
We were talking about how great SKorea is (and it is). I nowhere said SKorea's best service was restricted to the Seoul metro area.
"In cellular networks the number of towers scales dependent on subscribers, NOT population density."
But if just about everyone has a phone (which is the case in SKorea) then your distinction does not exist.
April 12, 2007 7:55 AM | Reply | Permalink
This goes to the heart of the longstanding argument over the Internet itself, the "dumb and dark" vs. the "light and smart" nature of charging for the service.
Systems like Vonage think that the Internet should be "dumb and dark"- meaning that a packet of data is a packet of data, without regard to what information it carries- in this company's case, it's VOIP data.
Verizon and it's ilk want "light and smart" meaning they want to charge you for every photon based in what type of info it carries- video at one price, voice at another, web surfing requests at a third price. It's as if the electric company charged you one price for your refrigerator and another for the toaster and a third for your TV. It also means that they must have enough information about your use to figure out which charge goes to what appliance.
And regarding their complicity with the KGB FBI and it's abuse of the national security letters.....from the LA times:
Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran
April 12, 2007 9:44 AM | Reply | Permalink
Again, "Just phone over the net." is a totally meaningless distinction.
I need to read it again?
No, you need to read it again, and try comprehending the technology involved this time.
You don't seem to comprehend the "distinction" they're making between "phone" and anything else on the internet is: totally meaningless. A non-existent distinction.
"Phone" data over the internet is no different than any other data. It's just TCP/IP packets, the same as any other type of data.
A "phone" device is fundamentally no different that any other modem that is attached to a processing chip and output device. The chip converts TCP/IP data into a usable data, whether it be your CPU, your modem, or router, or whatever. Your output device is a monitor and speakers, game device, your web enabled refrigerator, or whatever. The data can be text, web pages, video, audio, voice, or whatever.
They are in fact attempting to lay intellectual claim and thereby authority over: basic operation of the internet.
They're only attempting to exert their false patent over "phone" like usage, for now, but the fundamental claims they're making over TCP/IP could apply to anything else. Substitute "phone" with "text" or "video" or "html" or anything else and their bogus patent would apply equally well.
So yes, they are attempting to fundamentally patent basic workings of the internet, and use litigation to stifle competition to thier services, which they can NOT be allowed to do.
April 12, 2007 4:50 PM | Reply | Permalink
The "light and smart" definition is absurd marketing speak for a really stinky rent proposal. I liked your fridge and toaster analogy for utilities selling electricity.
Every TCP/IP packet is homogenized and meaningless over the net. It is only assigned meaning at the user end, where it is converted back into whatever voice, video, text, graphics, etc.
Right now you buy bandwidth and you also pay for things like latency and reliability. So do content providers pay for their upstream data bandwidth and reliability.
That's it. That's all we need, and it already works, and will continue to work with bandwidth 100x larger and beyond.
In other countries where they already have bandwidth 10x to 100x faster than ours, it still works just great to do things like real-time high-res video conference and download movies on demand. No problem.
American telecom companies are just trying to not only double dip, but triple dip the American consumer. We can't be that stupid to fall for it, can we?
April 12, 2007 5:03 PM | Reply | Permalink
Wigmar1,
You seem to be trolling without knowing even the basics of how these things work. Now you're saying things that sound defensive but don't make sense.
To recap you began by making the argument that SKorea and Japan had a scale advantage. That is a totally false talking point from Big Telcoms. Backwards in fact.
As I explained that's not how cellular networks function.
Cellular networks are: cellular. Each cell has limited bandwidth and hence limited customer capacity, but the potential broadcast range is large to find those customers. i.e. they are NOT population density based.
In lower population density areas, you build the SAME number of towers to consumers, over a larger area, but for the SAME COST. You simply turn up the gain of each to have longer range. In higher density areas, you build the SAME NUMBER of towers to consumers, simply turning down their range, for the SAME COST.
In fact, really high population densities make for additional problems because towers have to be so close, in urban canyons, and with such small range, it's hard to manage interference and handing-off mobile customers between towers, which requires additional bandwidth overhead and additional costs.
So, in fact, the USA has the advantage over Skorea and Japan.
We have more potential customers, more demand.
US companies have just miserably failed to develop the network, directly because they weren't thinking long term, and were too interested in short term defense of market share on obsolete technology, and too afraid to upgrade the network and compete fairly on service.
That is the classic misguided thinking of anti-competitive companies, and exactly why regulatory bodies are supposed to prevent short term thinking and greed from harming the economy. Unfortunately for us, the FCC has done a miserable job at regulating telecoms while other countries have done an excellent job of pushing hard to develop infrastructure, which ultimately benefits consumers and companies.
Ironically, foreign telecoms who were forced to develop better technologies and compete fairly are now more efficient and innovative as a result, have larger market share, and are the global technology leaders as a result.
They now see the benefits of consortium, standardization, and healthy regulation prohibiting anti-competative behavior which ultimatly hurts everyone.
As Bill Joy of Sun Microsystems points out: they are beating us directly because they see the value of regulation and standardization, fair competition, and innovative competition done in serial, NOT in parallel.
Their regulators knocked heads together, said build the network v1.0 and they'll come. They've kept that philosophy. Now they're on their network v4, have almost total market penetration, and services, quality and quantity way surpassing ours.
Meanwhile, we quibbled over standards, built incompatible networks on inferior standards to maintain anti-competitive regional market dominance. We're barely beginning our 3g network (only made possible as a derivative of their technology!) and are years behind competitors. Our most technologically advanced handsets are imported now, and still hobbled to function on our outdated network.
Their companies are buying our market share and the global leaders, not the other way a round.
What a complete f-up we made of this.
We SHOULD have been the technology leaders. And would have been if not for anti-competitive and just plain stupid, short term greed, practices of companies like VZ. Their reluctance to adopt good technology standards and their intent to maintain market share on obsolete technology by blocking out competitors, has set our infrastructure back several years. That has done immense harm to many subsidiary industries, from content and service providers to manufacturers, and done immeasurable harm to the national economy.
VZ is a big part of the reason we're years behind the rest of the developed world.
April 12, 2007 6:04 PM | Reply | Permalink
To RECAP, I said the comparison between the US and Korea (not Japan) was "not 100% fair."
You followed with a diatribe against Verizon, with some points that I considered wrong, to which I replied.
You still haven't explained how it could be, if everyone has a cell phone and if each cell can only handle a certain number of calls simultaneously, that in a densely populated area more cells aren't needed than in a sparsely populated one.
But don't worry. If you think I'm trolling you I'll just ignore you.
April 12, 2007 8:23 PM | Reply | Permalink
Where, then, is all the reaction to the prospect of VZ patenting the internet?
They are not making claims over packet switching, they are giving it as one of several examples of the technology across which the subject of their patent (relating to internet telephony) might be deployed. Patents are written this way to broaden their application and to defend against potential infringers.
Also, have you heard of the term, "prior art"?
No more coffee for you.
April 12, 2007 8:31 PM | Reply | Permalink
Team,
First of all, claims 6, 7, and 8 are dependent claims. They have no meaning unless attached to Claim 1. They cannot stand alone and should not be read alone.
Claim 1 is a method claim. It describes a process. That process must include all the steps shown. A process that doesn't include any one of the listed steps doesn't infringe this claim. A process that includes all of the steps plus other steps does infringe.
As shown, this process does require some specific devices. For example, a wireless telephone terminal, localize home gateway, etc. The definition of these devices is determined from the SPECIFICATION portion of the patent and from a general understanding of the terms by those "skilled in the art" AT THE TIME OF THE FILING OF THE PATENT. This would be engineers and scientists that worked with these devices and terms on a regular basis AT THAT TIME.
So, the patent is specific to the process and the devices used in the process. It is possible to challenge a patent on the basis of an equivalent process using equivalent devices. There is much case law on how to determine equivalence.
If this process was in common use at the time the patent was filed, Vonage would have easily won this case. Were it easy to establish equivalence, Vonage would have won easily. But they didn't. Equivalence requires an equivalent process using equivalent devices to accomplish an essentially equivalent result. That's usually very easy or very difficult. The equivalent result in this case would be to establish a telephone conversation with an equivalent method. Vonage couldn't show one.
Claims 6,7, and 8 come along after claim 1 is infringed just because it happened to occur over the internet. Two other patents were also found to be infringed in a single claim each. Also, btw, this was a jury trial.
The internet is safe. Vonage may be in trouble.
(I'm both a Vonage and Verizon customer and am not affiliated with either.)
April 13, 2007 5:31 PM | Reply | Permalink
Exactly. I was going to say the same thing. Without referring to claim 1, Claims 6, 7, and 8 cannot be interpreted.
(patent litigator; Vonage user)
April 13, 2007 7:53 PM | Reply | Permalink
Jesus Christ, if you had ANY idea how to read patents, you would NOT come up with this truly ignorant account of Verizon's patent. And sorry, there's just no other way to describe it than as ignorant. The basic point is simple, and would be understood by anyone even marginally versed in patent claims: All of the claims 6-8 are DEPENDENT claims, based on the INDEPENDENT claim 1.
No one infringes on claims 6-8 unless they violate ALL of the elements of claim 1 -- and there are good number of them, carefully and elaborately expressed.
Really, if this is what you call "argument", what kind of spokesperson could you possibly be for "intellectual property"?
Or is the situation even worse -- that you actually KNOW how misleading and absurd your argument is, but you put it out there anyway? I hope not, because that would make you as dishonest as you would otherwise seem to be ignorant.
Really, this is amazingly bad.
April 13, 2007 8:37 PM | Reply | Permalink
Is this really a serious argument? Is it really the case that you can patent packet handling for some application? Sheesh. The notion that someone can take some way of moving packets and patent it is in complete violation of the design of the internet.
The idea of patents was to encourage creativity and inventiveness in the public interest. It's clearly in the public interest to have vonage and skype around, and clearly not in the public interest to have large corporations in charge of packet control.
Patents were designed in the constitution to serve the public interest. The idea that they should be used in direct opposition to the public interest is disturbing.
April 14, 2007 6:41 AM | Reply | Permalink
Is the case a serious argument or is the thread a serious argument? The case is very serious. The thread is full of opinion and misunderstanding and has little to do with fact.
The patents in question don't deal with packet handling for some application. They have to do with the methods used to connect disparate networks. While we find many ideas simple and common today, they were all once novel. The methods described in these patents may seem obvious to us today, but the were apparently novel in the 1997 - 2000 timeframe when the patents were filed. If you know otherwise, I'm sure Vonage's legal team would love to talk with you.
As to the Constitution, it doesn't say a word about patents. What is does say is this...
Note that there is nothing there about "the public interest", just about the interests of Authors and Inventors.
April 14, 2007 8:39 AM | Reply | Permalink
You comment makes no sense. Kozmik just said that densely populated areas require more cells than sparsely populated areas, which is why S Korea's greater urban density -- on which your argument that the comparison is unfair hangs -- is irrelevant.
April 14, 2007 9:59 AM | Reply | Permalink
There are so many things wrong with your argument.
For one thing, it's like arguing that Edison shouldn't have been granted a patent on the electric light because, after all, people had known about electricity for decades, and the electric light was just another way of using electricity. Look, the novelty involved in the Verizon patents has to do with just HOW those packets are being moved around, and to what effect, inside of certain kinds of networks, of which the Internet is just one.
And do you really imagine that patents ONLY protect large companies? One of their most crucial uses has ALWAYS been to protect the small inventor or company against complete ripoffs of their ideas from large predatory companies. What would YOU offer these smaller entities as protection? Absolutely nothing, of course. I always find myself wondering how people who want to style themselves as progressives could possibly be comfortable with that position.
Vonage's real problem isn't so much that they are infringing the patents of Verizon and other companies. It's that they themselves HAVE NO PATENTS with which to fight Verizon and these other companies. Why don't they have such patents? Well, mostly because they came into the game when all the REAL intellectual and innovative work had been done. They simply chose to rip off all this pre-existing work, pretending to themselves and their investors that it was all just peachy keen to do so. And of course I'm sure that they claimed that everything that they ripped off was "obvious" anyway -- as, of course, it always is, in hindsight.
What you've got to do is figure out some way you could possibly offer innovative individuals and companies GENUINE protection without patents. As Microsoft has demonstrated over the years, copyright protection means just about zilch in software and technology. And if you can't do that, what kind of progressive might you be?
April 14, 2007 10:01 AM | Reply | Permalink
IANAL, but I know about TCP/IP networking. There is nothing novel about putting data into a packet and putting it onto the network. There's no issue of disparate networks. Now, there is the issue of connecting the data packets to the POTS network, but, again, that doesn't strike me as something one would want to allow to be patented. The Internet is a government creation. The POTS network was created under strict government control. I don't see where the commercial claim lies.
Yes, the constitution says what you say it says--"for a limited time." The idea is to encourage creativity for the good of the society as a whole. It was never the intention that an author would be protected by copyright for 75 years after his death. How do the Arts progress if the guy doing the progressing is dead?
April 14, 2007 12:36 PM | Reply | Permalink
Patents are fine. I like patents. But currently the way they are being used by industry small and large is operating against the reason for having them. RIM ended up paying some large sum of money because somebody was granted a patent not to develop a product, but to take royalties from someone who did actual creative work.
The patent office recently granted a patent for a tax shelter. That's ridiculous.
For you to claim that Vonage is ripping off the innovators over at Verizon is laughable. The internet is a DOD project. It belongs to everyone.
April 14, 2007 12:41 PM | Reply | Permalink
You are obviously refusing to get the point I and others have been making. Namely, the Verizon patent is NOT a patent on "The Internet". It is a patent on certain kinds of telephonic communication over networks -- one example of which is the Internet. Again, Edison's patent on an electric light referred to electricity, but that does NOT mean he patented electricity, right? Can the anti-patent crowd ever acknowledge these obvious points?
As for RIM, it's useful to note that RIM itself has not hesitated to sue other companies for infringement of its own patents. As is usual, and as is convenient, it has a problem with patents only in the cases in which it is itself sued; somehow its own patents are infinitely worthy whereas those of others which it infringes upon are the products of trolls.
And your own claim that "you like patents" is itself largely feckless. Somehow, you apparently imagine that it's patents on, I suppose, software and/or technology that you have a big problem with. But, again, what would you offer up as a protection against the predations by large companies on small companies and individuals? I gather, absolutely zip. What kind of position is that?
I certainly won't claim that all patents are equally worthy, or that all patent holders are equally worthy. But how do you get rid of them all in an industry like software without throwing away all incentive for innovation by small and even large players? I've NEVER heard anything like an honest, satisfactory answer to that question from the anti-software-patent crew.
April 14, 2007 1:05 PM | Reply | Permalink
Somehow, you apparently imagine that it's patents on, I suppose, software and/or technology that you have a big problem with.
Kindly stop attributing opinions to me that I haven't myself expressed.
Software patents are hard because ideas often develop in public, educational and government spaces and are difficult to attribute to any one innovator. I have no idea who first thought of the idea of a button in a GUI interface--and I don't think that person could identify him or herself either. Xerox has some clear claims from the work at PARC. MS has clearly infringed on Apple--but then Apple infringed on Xerox.
Patents involving telecommunications companies who were government-regulated monopolies and the use of the public domain internet seem especially tricky to me. And this seems to have been raised very late in the game.
But how do you get rid of them all in an industry like software without throwing away all incentive for innovation by small and even large players?
Well, take Phil Katz. His innovation wasn't so much his compression methodology, as his marketing method. He gave away individual licenses and sold licenses to companies or individuals who were using the technology commercially. When he lost a patent battle, he renamed his extension (arc became zip) and everybody switched to his software. It's still the dominant compression technology.
Adobe has adopted a version of that marketing method, giving away the acrobat reader and selling the acrobat writer. Is that marketing method patentable?
somehow its own patents are infinitely worthy whereas those of others which it infringes upon are the products of trolls.
This is hyperbolic, and weakens your argument. RIM does not claim that its patents are infinitely worthy, nor is it a priori the case that people with prior claims shouldn't have standing. RIM has actually developed a product. The people who sued them have not. The idea that you can patent a collection of ideas and not implement them, waiting for someone else to take the market risk of actually developing a product flies in the face of the Constitutional language quoted above. Innovation is discouraged rather than encouraged in such an environment.
April 14, 2007 1:56 PM | Reply | Permalink
Kindly stop attributing opinions to me that I haven't myself expressed.
Then how about kindly attributing some opinions to yourself on the point in question? The problem is that you can't seem to come up with ANY coherent expression of which patents you have a problem with, and which you don't. I supposed it was software patents -- you object, but then simply don't give ANY kind of alternative account of what you find objectionable.
Look, just about everybody realizes that some patents are good, useful patents, and others are bad and unproductive -- but how do you make out the difference in a consistent way? You give absolutely no guidance here.
Well, take Phil Katz. His innovation wasn't so much his compression methodology, as his marketing method. He gave away individual licenses and sold licenses to companies or individuals who were using the technology commercially.
This is ONE very, very small example of an individual who was successful on a very, very small basis. How big is his firm compared to Microsoft? This case of peanuts is the best you can do for the kind of compensation innovators might expect in an industry without patent protection? Boy, think of how much investment THAT is going to encourage!
RIM has actually developed a product. The people who sued them have not. The idea that you can patent a collection of ideas and not implement them, waiting for someone else to take the market risk of actually developing a product flies in the face of the Constitutional language quoted above.
The problem is, the people who came up with the patents in the RIM case, and sued RIM, actually DID very early on try to commercialize the technology, but likely they were simply too early. Likely also, they didn't get the investment they needed and the buy in from potential customers precisely because people didn't take their patents seriously enough (unlike in other areas and in other eras).
And what about, say, academics who come up with great new practical ideas, who often have no intention or capability of bringing those to market? Should universities be unable to patent those inventions, and bring in the money to support such innovation (which is often where the great breakthroughs come from), because they don't bring them to market?
The problem is, you've got to give a coherent account of who "deserves" a patent and who doesn't. And every time people try to do that, they run straight into very obvious counterexamples.
In general, when it comes to patents, there's always baby and there's always bathwater. And if you've found a way to throw out one without the other, you certainly haven't managed to communicate it yet.
April 14, 2007 3:02 PM | Reply | Permalink
Look, my opinion is that the patent office is doing a poor job re: baby and bathwater. It has been erring on the side of granting patents rather than erring on the side of rejecting them. The idea of limited monopolies granted by patent is intended to lead to a flowering of innovation. It is not intended to shut down or otherwise penalize successful organizations that have been innovative. The way the patent office has been behaving lately deters innovation, which is decidedly the wrong way to deal with a period of time where the outcomes are uncertain.
April 14, 2007 6:38 PM | Reply | Permalink
OK, something here seems to be very important to you but I can't quite see what it is yet.
Let's look at your response point by point...
1) "There is nothing novel about putting data into a packet and putting it onto the network." Maybe not anymore, but do you agree that there once was something novel about this idea?
2) By disparate networks, I mean the internet and the POTS network. You seem to agree with that.
3) "...that doesn't strike me as something one would want to allow to be patented." Who is "one" and on what are they basing this judgement? The patent office prosecutes patents (that's the term for deciding if the patent should be granted) based on the patent law (35 U.S.C) and case law, and various rules and procedures (covering timely response, fees, etc.) For something to be granted a utility patent, it must be statutory, novel, useful, and non-obvious. "Statutory" means that the area of the patent is covered by the statute. There are some things like compliations of material or data that cannot be patented (though some of these can be copyrighted). You may be thinking that "the internet" shouldnt be considered statutory but the patents involved clearly define "processes" and processes are clearly statutory. Novel just means new. Most patents are attacked by saying that the material isn't new. That seemed to be your first argument and it was probably also Vonage's first. The useful requirement is clear here. Non-obviousness is the next place to attack a patent. I'm certain that Vonage produced a string of experts to say that what Verizon was claiming was obvious, at the time of the patent, to anyone with "skill in the art". The jury disagreed. So, if it's statutory, novel, useful and non-obvious, on what basis do you not want to allow a patent?
4) "The internet is a government creation." Back that up with something. Yes, the ARPANET was the predecessor to "internet" and it was funded largely by DARPA to connect universities and military contractors together. It was also very different from what we know today as the internet. So, is your argument that because the government funded the connection of some computers nearly 40 years ago that nothing new about connecting computers has been invented since then?
5) "The POTS network was created under strict government control." By that you mean by a regulated monopoly. The government didn't develop the POTS network. Bell Labs did most of the development. Is your argument that none of the thousands and thousands of Bell Labs patents should have been granted? If so, then again, on what basis? The patent law says nothing about government involvement. In fact, the US government itself was granted over 40,000 patents in the time frame we're discussing. Do you think that because they belong to the US government that you can use them without paying a license fee? Government involvement in something does nothing to make it publicly available.
6) And, concerning the length of the current copyright, it's the law because our representatives made it the law. You obviously think that's too long. That's your opinion and you may be able to make a good argument. However, it has nothing to do with Vonage and Verizon.
It seems I'm arguing trees and you are arguing forest, but I still don't see what's got your dander up so much.
April 15, 2007 12:30 PM | Reply | Permalink
I think most people would agree that some reform is needed in the area of patents. That's why it's being discussed in some much detail by so many of the people involved.
If the USPTO is doing a poor job, it's because they are overwhelmed by the volume of work and the incredibly technical nature of it all. If they err on the side of granting patents, its simply because that side allows for a (judicial) review that doesn't create even more work for them and it protects the intent of the constituion and US law. Erring on the other side can create substantially more work for them, slowing the process even further. I don't see how making it more difficult to get a patent encourages anyone. Protecting potential patent holders isn't a deterence to innovation.
April 15, 2007 12:49 PM | Reply | Permalink
"Note that there is nothing there about 'the public interest', just about the interests of Authors and Inventors."
You're wrong. Note the phrase "To promote the Progress of Science and useful Arts..."
The intent is to promote discovery, to extend human knowledge, not to promote the interests of authors and inventors. That the latter might be granted certain benefits in order to provide incentives is only a means to an ends, not an end in itself.
April 15, 2007 2:49 PM | Reply | Permalink
"The patent office prosecutes patents (that's the term for deciding if the patent should be granted) based on the patent law (35 U.S.C) and case law, and various rules and procedures (covering timely response, fees, etc.)"
Just because it's based on laws and procedures doesn't mean it's just.
Not to mention that the patent office itself has incentives based on how it's funded.
"Non-obviousness is the next place to attack a patent. I'm certain that Vonage produced a string of experts to say that what Verizon was claiming was obvious, at the time of the patent, to anyone with 'skill in the art'. The jury disagreed. So, if it's statutory, novel, useful and non-obvious, on what basis do you not want to allow a patent?"
LOL! As if there hasn't been a string of patents upheld whose non-obviousness is ludicrous.
"Yes, the ARPANET was the predecessor to 'internet' and it was funded largely by DARPA to connect universities and military contractors together. It was also very different from what we know today as the internet. So, is your argument that because the government funded the connection of some computers nearly 40 years ago that nothing new about connecting computers has been invented since then?"
To put it charitably, you know very little about the history of the internet.
"It seems I'm arguing trees and you are arguing forest, but I still don't see what's got your dander up so much."
Uh, privileged parties collecting economic rents for doing nothing productive, perhaps.
Though it probably does keep a lot of lawyers employed. From the content of your posts, you're probably quite happy with that.
April 15, 2007 2:57 PM | Reply | Permalink
"Look, the novelty involved in the Verizon patents has to do with just HOW those packets are being moved around, and to what effect, inside of certain kinds of networks, of which the Internet is just one."
Please specify what _is_ novel about methods described in the VZ patents.
April 15, 2007 3:00 PM | Reply | Permalink
"I don't see how making it more difficult to get a patent encourages anyone."
You entirely miss the point. Making it more difficult to get a patent prevents others from being _dis_couraged.
April 15, 2007 3:05 PM | Reply | Permalink
"If they err on the side of granting patents, its simply because that side allows for a (judicial) review that doesn't create even more work for them and it protects the intent of the constituion and US law."
But you've already shown in a previous post that you (willfully or not) don't understand the intent of the Constitution with your silly comment about the public interest not being mentioned.
April 15, 2007 3:06 PM | Reply | Permalink
"But how do you get rid of them all in an industry like software without throwing away all incentive for innovation by small and even large players? I've NEVER heard anything like an honest, satisfactory answer to that question from the anti-software-patent crew."
There was plenty of software written before software became patentable.
April 15, 2007 3:09 PM | Reply | Permalink
Protecting potential patent holders isn't a deterence to innovation.
Sure it is. If those patent holders are not actually making products, but are hanging around waiting to sue for infringement when somebody actually does make a successful product, then there is a clear deterrent to innovation.
April 15, 2007 4:24 PM | Reply | Permalink
My defense of the patent office will go just so far and I can see as well as anyone that there are big problems there. There are also problems with the entire patent system keeping up with changes in technology. I just don't see the logic in standing afar and casting stones. If the system really bothers you, what are you doing about it?
FYI...I'm not a lawyer. I'm an engineer and inventor with a number of patents.
April 16, 2007 9:07 AM | Reply | Permalink
It's an argument that has merit but it might take a constitutional amendment to make it work that way. The constitution gives an inventor exclusive right over his invention. Maybe it should have said something more. But you have to be very careful here. Inventions are intellectual property. Property rights are a foundation of a free market system. If you have a piece of real estate that you aren't actively using, should your right to it be abrogated so that anyone can use it? I believe that most people would say no. Why should it be different for intellectual property?
April 16, 2007 9:45 AM | Reply | Permalink
The conflation of "patent" and "copyright" with "property" is at the heart of the problem here. The phrase "intellectual property" is designed to heighten the status given to copyright and patent holders.
And now you're the one misquoting the constitution. It gives Congress the power to create a temporary monopoly. It does not give an inventor an exclusive right over his invention. As someone pointed out to me earlier, it is (properly, IMO) way vaguer than that.
An idea is not real estate. The purpose of granting temporary monopolies is not to create "property." It is to encourage innovation. If the implementation of these temporary monopolies is impeding innovation, then the implementation needs to be fixed. The folks who have been disgreeing with keep trying to say that I'm opposed to patent rights. This is not so. What I am opposed to is people gaming the system in such a way that innovation is deterred and successful innovation put at risk by people taking out patents that they do not intend to turn into products. I am opposed to a patent office that takes a default position of granting rather than rejecting a patent. If the patent office is under-resourced, then increase the fees and add resources. But the idea that they are overwhelmed and therefore not to be blamed is not an effective argument.
April 16, 2007 10:51 AM | Reply | Permalink
I still think this says that an inventor has exclusive right to his invention (discovery).
But I agree that the concept of "intellectual property" is more recent than the constitution. However, it is the current philosophy under which the USPTO works (by legislation and case law). That's not an issue with the USPTO. That's a legislative issue and falls entirely within Congress' responsibility. And, as I'm sure you know, the concept of intellectual property rights differs significantly from country to country.
I wholeheartedly agree with the idea of giving them more funding and requiring more detailed review prior to the issue of a patent..."like they did in the old days..." . Funding it is the issue, but that's within Congress' scope, too. If you fund it out of fees, it could hurt small inventors unless maintenance fees increase during the term. Of course, we could fix the whole issue for the price of a day's bottled water in Iraq... (if anyone considered out technical leadership in the world important).
My comments and arguments about this specific case are based on what IP rights ARE today in this country, not on what they should be. There are many ideas about what they should be and about what promotes or stiffles innovation. That debate needs to occur and the patent process needs updating. On that, we agree.
April 17, 2007 6:56 PM | Reply | Permalink