Silicon Valley
Paul Allen sues the Web for being obvious
The co-founder of Microsoft declares war on Apple, Google, Facebook and eBay. Their crime? Making good websites
Paul Allen, Microsoft co-founder and the world's fourth richest man
according to Forbes Magazine, speaks to the media after he announced plans
to build a $20 million science fiction museum adjacent to his Experience
Music Project, in Seattle, Washington, April 17, 2003. Allen, whose
estimated 2002 worth was $25.2 billion, is a music and science fiction fan
and temporarily named the upcoming project "The Science Fiction Experience."
It is scheduled to open in summer 2004. REUTERS/Anthony P. Bolante
APB/HB(Credit: © Reuters Photographer / Reuters) As patent suits go, let’s give Paul Allen credit. The billionaire co-founder of Microsoft is nothing but ambitious. On Friday Allen filed a lawsuit alleging patent infringement against America Online, Apple, eBay, Facebook, Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo and YouTube.
The suit claims that the companies have violated patents granted to Interval Research, a Silicon Valley research lab Allen founded at the height of the dot-com boom, poured $100 million into, and then closed up after failing to successfully commercialize any of its technology.
Interestingly, as the Wall Street Journal reports, “notably missing from the defendants’ list are Microsoft, in which Mr. Allen remains a major investor, and Amazon.com Inc., which is based in Mr. Allen’s hometown of Seattle. [A spokesman for Allen] “declined to comment on the selection of defendants.”
The absence is notable because a cursory look at the patents in question suggests that they are broad enough in scope that just about anybody with a state-of-the-art website could be construed as operating in violation of them. But the practices covered by the patents are also so obvious that there is little question that Microsoft and Amazon must also be engaging in them too. So are those companies paying license fees to Interval? And if so, why not disclose that?
Here are the four patents:
- United States Patent No. 6,263,507 issued for an invention entitled “Browser for Use in Navigating a Body of Information, With Particular Application to Browsing Information Represented By Audiovisual Data.”
- United States Patent No. 6,034,652 issued for an invention entitled “Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device.”
- United States Patent No. 6,788,314 issued for an invention entitled “Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device.”
- United States Patent No. 6,757,682 issued for an invention entitled “Alerting Users to Items of Current Interest.”
The first patent (507) is summarized in the complaint as having to do with “making and using websites, hardware, and software to categorize, compare, and display segments of a body of information …” The second (652) deals with “making, using, offering, providing, and encouraging customers to use products that display information in a way that occupies the peripheral attention of the user…”
But the last patent (682) is the most intriguing, so I pulled up the legal filing that included the actual patent.
Here’s the abstract describing the patent:
Disseminating to a participant an indication that an item accessible by the participant via a network is of current interest is disclosed. An indication that the item is of current interest is received in real time. The indication is informed that the time is of current interest.
You see, there’s just a whole lot of stuff out there on the Web, and it’s changing all the time, and it’s very confusing.
…[T]his proliferation of content, such as audio, image, and video content, presents certain challenges from the perspective of users seeking content of current interest. First the sheer volume of content available makes it difficult for users to find the content in which they are most interested in accessing at any given time. Apart from having to sort through the enormous volume of content available, much of the content of potentially greatest interest, at least to many users, is dynamic. At certain times, a file or other electronic resource may be of great interest while at other times, or perhaps even most of the time, it is not of great interest or not interesting at all.
So here’s a brilliant idea! Let’s come up with a dynamically generated alert system to solve this problem. We’ll patent it, but fail to incorporate it in a product, and then a few years down the line, when we suddenly notice that all the major Web-based businesses have somehow coincidentally also realized that this was a great idea, we’ll sue them. Easy money!
HTWW has long tended to take a dim view of companies that rely on intellectual property litigation as their primary form of revenue. But one has to imagine that Allen thinks he has a pretty good case, simply from the sheer scale of his attack. You don’t sue the entire aristocracy of the Web (aside from Microsoft and Amazon) lightly. Just choosing to sue Google and Apple alone demonstrates remarkable chutzpah.
Nonetheless, the entire spectacle is ridiculous and Paul Allen should be embarrassed. Allen has been spectacularly unsuccessful in many of his post-Microsoft endeavors, and I’m betting he will fail here too. Dynamic alerts? Attracting peripheral attention? Using a browser to make sense of information? These are ways of exploiting the Web that are beyond obvious, as proven simply by the fact that all the companies named in Allen’s lawsuit would be regarded as run by abject imbeciles if they did not incorporate such features.
Interval Research employed oodles of top computer scientists in its heyday, but if this was the best they could come up with in terms of potentially commercializable patents, no wonder Allen ended up shutting the lab down.
Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21. More Andrew Leonard.
IBM’s Watson wins practice round of “Jeopardy!”
Computer, which tech giant calls "profound advance" in artificial intelligence, beats two former game show champs
"Jeopardy!" champions Ken Jennings, left, and Brad Rutter, right, look on as an IBM computer called "Watson" beats them to the buzzer to answer a question during a practice round of the "Jeopardy!" quiz show in Yorktown Heights, N.Y., Thursday, Jan. 13, 2011. It's the size of 10 refrigerators, and it swallows encyclopedias whole, but an IBM computer was lacking one thing it needed to battle the greatest champions from the "Jeopardy!" quiz TV show - it couldn't hit a buzzer. But that's been fixed, and on Thursday the hardware and software system named Watson played a competitive practice round against two champions. A "Jeopardy!" show featuring the computer will air in mid-February, 2011. (AP Photo/Seth Wenig)(Credit: AP) The clue: It’s the size of 10 refrigerators, has access to the equivalent of 200 million pages of information and knows how to answer in the form of a question.
The correct response: “What is the computer IBM developed to become a ‘Jeopardy!’ whiz?”
Watson, which IBM claims as a profound advance in artificial intelligence, edged out game-show champions Ken Jennings and Brad Rutter on Thursday in its first public test, a short practice round ahead of a million-dollar tournament that will be televised next month.
Continue Reading CloseGoldman Sachs’ Facebook ploy
The investment bank buys, big, into the social network -- and expands a shadow stock market
The “great vampire squid” of finance, Goldman Sachs, has invested $450 million in the emerging great vampire squid of cyberspace, Facebook. As the New York Times’ DealBook reported, the deal is gives Goldman a leg up on the huge fees investment banks will get when the social-networking company eventually sells shares to the public. And as the Times and Wall Street Journal also report, Goldman will also haul in huge fees from those clients who want to invest themselves.
Continue Reading CloseA longtime participant in the tech and media worlds, Dan Gillmor is director of the Knight Center for Digital Media Entrepreneurship at Arizona State University's Walter Cronkite School of Journalism & Mass Communication. Follow Dan on Twitter: @dangillmor. More about Dan here. More Dan Gillmor.
Another big Web company erodes user trust
Yahoo says it'll sell bookmarking service, a reminder that we exist online at other people's whims
UPDATED
(Please see the note at the bottom of this piece.)
Yahoo says it will try to sell its Web bookmarking service, Delicious. This news, posted on the Delicious blog, comes a day after widespread reports — unchallenged until now by Yahoo — that the company was shuttering the service.
One result of the earlier reports was a frenzied search for a new social bookmarking service to replace what many people, including me, have used over the years to stockpile and organize links to online material we’ve found interesting. A second result was a further hit to Yahoo’s declining reputation.
Continue Reading CloseA longtime participant in the tech and media worlds, Dan Gillmor is director of the Knight Center for Digital Media Entrepreneurship at Arizona State University's Walter Cronkite School of Journalism & Mass Communication. Follow Dan on Twitter: @dangillmor. More about Dan here. More Dan Gillmor.
Netflix’s streaming push: Charging more for less
The DVD-rental company moves hard onto the Net, and raises prices for early customers despite slimmer inventory
I just downgraded my Netflix account, and will be sending the company $7 less each month than I’ve been sending for several years now. Why? Because Netflix is moving fast to live up to its name — to become an online video-streaming operation instead of the DVD-rental outfit it’s been — but in the process it’s raising prices while making its service worse, in key ways, for longtime customers.
Continue Reading CloseA longtime participant in the tech and media worlds, Dan Gillmor is director of the Knight Center for Digital Media Entrepreneurship at Arizona State University's Walter Cronkite School of Journalism & Mass Communication. Follow Dan on Twitter: @dangillmor. More about Dan here. More Dan Gillmor.
Google gives Gmail users more control over inboxes
Now users can choose chronological stacking over threaded messages
Google Inc. is addressing one of the biggest complaints about its free e-mail service by giving people more control over how their inboxes are organized.
The new option announced Wednesday will allow Gmail users to choose whether they prefer their incoming messages stacked in chronological order, instead of having them threaded together as part of the same electronic conversation.
Gmail has been automatically grouping messages by topic or senders since Google rolled out the service six years ago.
But this so-called “conversation view” confused or frustrated many Gmail users who had grown accustomed to seeing all their newest messages at the top of the inbox followed by the older correspondence. After all, that’s how most other e-mail programs work.
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