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802.11n May Never Happen Due to Patent Concerns

Posted by Zonk on Sat Sep 22, 2007 06:10 AM
from the aiming-for-the-airwaves dept.
afabbro writes "The Register is reporting that the 802.11n standard is imperiled because the Commonwealth Science and Industrial Research Organization has refused to submit a Letter of Assurance, promising not to sue those who implement the standard. '...the realization that CSIRO holds essential patents, and has failed to provide a Letter of Assurance as required by the IEEE, could prevent the standard ever being finalized ... 802.11n promises to deliver a fivefold increase in speed, and double the range of 802.11g. Indeed in many cases it's already delivering something approximating that, as pre-standard kit has been available for almost a year. In May the Wi-Fi Alliance got so bored waiting for the IEEE to complete the standard that they started certifying kit as conforming to the draft, even though the final version isn't expected until 2008."
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  • Lies and more lies (Score:3, Insightful)

    by Anonymous Coward on Saturday September 22 2007, @06:25AM (#20709645)
    Wait, you mean they've been lying to me all along? So much for patents promoting progress!
  • Fury...building... (Score:3, Interesting)

    by Xiroth (917768) on Saturday September 22 2007, @06:25AM (#20709649)
    Grabrabagelgra. What the hell are they thinking? Yes, extra income for the CSIRO is handy, but they do not put that ahead of the common good - otherwise, what the hells is the point of a publicly funded research organisation?

    Grah. While I'm all in favour of having Liberal (Australian right-leaning major party) stints to keep the economy chugging, this country really has been governed by the right too long - all of our public services are becoming too money-obsessed.
    • by MichaelSmith (789609) on Saturday September 22 2007, @06:30AM (#20709663) Homepage Journal

      been governed by the right too long

      As far as the CSIRO is concerned it has never been any different under Labour.

        • by MichaelSmith (789609) on Saturday September 22 2007, @07:53AM (#20710017) Homepage Journal

          Probably no worse off than in the States

          Maybe. There is an old meme over here about clever research work which only gets commercialised when it leaves the country. The classic example is the black box flight recorder which was invented in Australia, but never earned much money for this country.

          Because we are a small country we do tend to hold on to assets like this a little bit tighter. Or try to, anyway.

          As far as living here goes, I know a few people from the USA who have migrated to Australia. They seem happy with the environment, but they lose a lot in the transition. It can be hard to buy a good house in Australia now if you sell up in the US and bring your money with you.

          It is hard for me to give a better comparison than that, because I have only ever lived in one country.

          • by ozmanjusri (601766) <(aussie_bob) (at) (hotmail.com)> on Saturday September 22 2007, @09:39AM (#20710669) Journal
            Because we are a small country we do tend to hold on to assets like this a little bit tighter. Or try to, anyway.

            "Try to" being the operative phrase.

            CSIRO filed the patent on OFDM in 1992, and informed IEEE in 1997 that the method was patented and would attract royalties. American businesses including Lucent, Cisco and HP have ignored CSIRO's request for companies using the technology (which took 8 years to develop) to license IP rights.

            Hypocrisy runs deep in big business.

          • by CRC'99 (96526) on Saturday September 22 2007, @09:44AM (#20710705) Homepage
            Because we are a small country we do tend to hold on to assets like this a little bit tighter. Or try to, anyway.

            I think this is part of the problem, however the greater problem is that there are companies out there who are already violating patents by producing 802.11g equipment covered by CSIRO patents that STILL do not pay royalties. There was a big deal about this a while ago. Sadly, American companies seem to love to want to overlook this while screaming if somebody overseas violates their patent.

            I believe that the people who make gear based on 802.11g & 802.11n should at least be honourable enough to give royalties to the people that invented the technology to enable their products (leading to their income) to exist should get something in return. That's the whole idea of patents, correct?

            To boil this down, CSIRO invented the schemes to make 802.11n work. Companies want to use this technology to make money, but don't want to share any of it with the inventor. This sounds like perfect use of the patent system.
            • To boil this down, CSIRO invented the schemes to make 802.11n work.

              No. CSIRO invented the schemes. IEEE members developed 802.11N using the schemes, believing CSIRO would cooperate. If that had ever been in doubt, the standard would have been developed along different lines, avoiding CSIRO's patents.

              Whether this is a misunderstanding or a ploy by CSIRO will eventually be clear, but to suggest that the companies supporting the standard are trying to cheat CSIRO out of royalties it deserves is either naiv

              • Re: (Score:3, Interesting)

                If CSIRO has pending issues with companies violating their existing patents on 802.11G, then why would IEEE believe that 802.11N would be any different?

                --jeffk++
        • by Verte (1053342) on Saturday September 22 2007, @08:09AM (#20710081)

          I hope the Australian government realizes that fact.
          I had the opportunity to speak with Labor's second in command, Julia Gillard, a few weeks ago. Of course the main issues I bought up with her were government transparency and copyright reform. Somehow, it didn't surprise me that she had never heard any such issues discussed. Not one person had bought them up. People seem more bothered about that house they bought when interest rates were 2% [now floating around the 7-8% mark?]. I guess I can see where they are coming from, of course, but while they have been distracted, we've been losing the battle on other fronts.

          So no, they don't realise this fact, because the Australian public don't seem to care, or those that do are scared of politics.
          • I've always felt that Australia has fine government transparency. I saw a link in a Slashdot post that ranked the governmental transparency over 150 countries out of 10. I can't remember the exact site, but I remember we came 7th. Not too bad, huh? Especially so when you consider that government opacity only provides potential for abuse, rather than the abuse itself.

            Basically, my question is: why are you concerned about government transparency in Australia?
    • by donaldm (919619) on Saturday September 22 2007, @06:48AM (#20709719)
      CSIRO is a government body and even if companies start paying royalties CSIRO will see very little of it since it will go into consolidated revenue which hopefully will go to bribing (damn I cant find the ^H key) the voter with tax breaks.

      Australia (read Government of the day) has for many years believed in what is called the "level playing field" the problem was Australia was always at the bottom, now the "shoe is on the other foot" the Government is a little confused especially since they should be pushing for royalties. It must be noted that CSIRO does not set royalties that is up to the Australian Government.
      • Re: (Score:3, Interesting)

        But it's a risky strategy for the CSIRO. If the standard never takes off, everyone will stick with 802.11g until some other, completely different, standard comes along. So perhaps the greedy people at CSIRO will get nothing, and will starve.
        • They hold patents on most of 802.11 and they're getting nothing now, so careful is the wrong option. They should get some pit-bull lawyers and sue the manufactures who are already violating their patents.

          I'm one of the (~20 million) people who pays for the CSIRO, so don't be calling me greedy for wanting some payback.
          • Some Context (Score:5, Insightful)

            by mechsoph (716782) on Saturday September 22 2007, @09:58AM (#20710801)

            I'm one of the (~20 million) people who pays for the CSIRO, so don't be calling me greedy for wanting some payback.

            As an American whose tax dollars fund (D)ARPA, I demand payback from all other nations using the Internet. Also, I think the good citizens of California whose tax dollars helped fund BSD would like some too.

            • by Poromenos1 (830658) on Saturday September 22 2007, @12:43PM (#20712145) Homepage
              As a Greek, I'd like some remuneration for founding civilization please (democracy is a freebie). You guys have been mooching off us too long!
              • I think you might have some arguments from the Mesopotamians, Indians (both flavors), and Chinese on that one. Maybe you guys could start a licensing consortium. Let me know where to send the check.
  • by EEPROMS (889169) on Saturday September 22 2007, @06:38AM (#20709691)
    The CSIRO I dare say want to make sure they don't lose the rights to the technology they developed and I dont blame them. Many large companies have already made it clear they will do anything to (even if its illegal) strip the CSIRO of its patent right to technologies that are part of WiFi because they want a "free ride". The real issue here is not the CSIRO but the companies trying to leverage the technology out of their hands. Im not surprised in the least that this loggerhead has been created by the "we dont want to pay for patents even though we force everyone else to do the same" multinationals.
    • Re: (Score:2, Insightful)

      Wow how did you get modded insightful?

      1)the CISRO is part of the Australian government. It is not a corporation.

      2) the CISRO submitted it's work to an INTERNATIONAL STANDARDS BODY. par of submitting technology to a STANDARDS BODY is the release for ANYONE to duplicate the STANDARD free of charge. If you don't want your technology to be used by others unless they pay you then don't submitt it to a STANDARDS BODY it is your choice.

      They had a choice have their technology used by others, or have them use an
      • by mce (509) on Saturday September 22 2007, @08:37AM (#20710255) Homepage Journal

        Standards are not free-of-charge by definition. A standard is exactly what the word says: a specification that you can choose to adhere to or not. Each international standard body can define its own rules as to what technology an IP limitations they will consider. If you don't want to adhere to a particular standard because there's a patent involved, you simply don't. It's your choice.

        Now, arguably, a proposed standard stands a bigger chance of success if it is not subject to restrictive patents, but that in turn is the choice of the inventors of the technology. If the technology really is of outstanding quality, the developers may want to take that risk. Again, that is their choice, not yours.

          • Re: (Score:3, Informative)

            The problem in this particular case that the required formal statement that they will not sue companies making devices in accordance with the spec also sort of kills the whole patent for them. In order to succesfully "request a royalty per device from manufacturers, and go home" they have to be able to sue those manufacturers who don't pay. This is true even if they were to price that royalty in the micropayments range. It's even true if they were to just ask for a one-time 10$ fee per manufacturer. (Of co

      • by ozmanjusri (601766) <(aussie_bob) (at) (hotmail.com)> on Saturday September 22 2007, @09:45AM (#20710711) Journal
        2) the CISRO submitted it's work to an INTERNATIONAL STANDARDS BODY. par of submitting technology to a STANDARDS BODY is the release for ANYONE to duplicate the STANDARD free of charge.

        No that's not even vaguely true.

        CSIRO disclosed the patent to the IEEE in 1997, and IEEE acknowledged that part of the technology used in the new 802.11 standards was covered under CSIRO's patents. The IEEE asked CSIRO, as it does all companies that hold patents on technology used in a standard, if it wanted to license the technology to the industry for free or if it wanted to charge a reasonable fee for the license. CSIRO indicated it wanted to charge a fee for the use of its technology.

  • by Anonymous Coward on Saturday September 22 2007, @06:50AM (#20709725)
    Time and time again we hear that patents are an economic necessity. People and organizations won't invest in new technologies if they can't exploit them for a profit later on, and all that. But we rarely hear economists and businesspeople talk about the economic loss that patents bring.

    This is just one example. Now the public may very well be deprived of this new technology just because of these patent concerns. So in a very resource-wasteful move, we may very well need to derive another technology that duplicates 802.11n, not for any technical reason, but just to satisfy the legal conditions of a mere document. That's clearly harmful for the economy as a whole. Those resources could have been put towards developing new technologies, rather than reimplementing what already existed.
    • Re: (Score:3, Insightful)

      You are "putting the cart before the horse."

      It is not that we will be deprived of this technology because of patents. It is the other way around. This technology would not exist without patents. Organizations would not spend money designing and researching technology if they didn't have a guarantee that they could sell that technology.
      • by mechsoph (716782) on Saturday September 22 2007, @10:05AM (#20710853)
        Patents exist to pay the fixed cost of invention by granting a temporary monopoly. The other option to cover the fixed cost is subsidy. Publicly funded research organizations like the CSIRO work based on the subsidy method. The cost is paid by the public, so the public should have use of the invention. The only question here is whether Australia is going to act like other nations where public means WORLD (considering the actions of ARPA, UC Berkeley, and INRIA), or whether they're going to be dicks.
        • Re: (Score:3, Informative)

          CSIRO is constantly being told by government to earn some of it income. As it was when I was working there, CSIRO only got about 70% of its income from government subsidies, the rest was through industrial contracts.

          It is perfectly reasonable for CSIRO, in this context, to demand royalties. What's the point of patents otherwise ?
      • It is not that we will be deprived of this technology because of patents. It is the other way around. This technology would not exist without patents. Organizations would not spend money designing and researching technology if they didn't have a guarantee that they could sell that technology.

        Do you have any evidence to support this claim at all? Perhaps an example of a time where people were developing modern technology in a patent-free environment? Wait - that never happened so you can't *possibly* have a

    • Re: (Score:3, Insightful)

      [This is just one example. Now the public may very well be deprived of this recreation center just because of these ownership concerns. So in a very resource-wasteful move, we may very well need to build another building that duplicates the existing building, not for any technical reason, but just to satisfy the legal conditions of a deed. That's clearly harmful for the economy as a whole. Those resources could have been put towards developing more jail cells, rather than reimplementing what already existe
      • by vtcodger (957785) on Saturday September 22 2007, @07:18AM (#20709867)
        A patent is not private property. It is a transferable government issued license. Goverments can stop issuing them any time they choose to. AFAICS, historically patents have mostly enriched lawyers and opportunists, not inventors. Looks to me like they distort the marketplace, divert effort and resource into unproductive activity (e.g. lawsuits), and largely fail to generate the benefits they are claimed to engender.

        If you ask me, we can, with a few adjustments, get by just fine without them.

  • by suv4x4 (956391) on Saturday September 22 2007, @07:02AM (#20709783)
    "In May the Wi-Fi Alliance got so bored waiting for the IEEE to complete the standard"

    I know it's harder to figure out anthromorphism doesn't apply to organisations, since they're made out of people, but can you honestly imagine the following in the documents: "Today we voted to start delivering draft-based wifi kits, because we were bored".

    If you'll look for reasons, look for logistics, money, deadlines and contracts.
  • Wasted work (Score:3, Insightful)

    by Tom (822) on Saturday September 22 2007, @07:05AM (#20709795) Homepage Journal
    So, why are companies even allowed to submit a standard without such a letter? Seems like a recipe for wasting work that you allow a standardization process to even start without assurances from all stakeholders that they'll not interfere with it becoming a standard (i.e. that anyone can implement).
    • not many companies will do that, in case it turns out that they can make billions from it by controlling it. Chances are they wouldn't be able to, but its likely easier to have that control first, assess the effect of controlling it, and release their hold if it turns out that's the route to making the most cash.
    • Re: (Score:3, Interesting)

      >So, why are companies even allowed to submit a standard without such a letter? Seems like a recipe for wasting work that you allow a standardization process to even start without assurances from all stakeholders that they'll not interfere with it becoming a standard (i.e. that anyone can implement).

      Strictly speaking, companies do not submit work to the IEEE, individuals do. IEEE 802 rules states clearly that people attend as individuals.

      Entities with patents essential to standards are encouraged to subm
  • Fine by me... (Score:3, Insightful)

    by JackMeyhoff (1070484) on Saturday September 22 2007, @07:06AM (#20709799)
    .. lets choose a different standard then and let them live in their own island :)
  • by bl8n8r (649187) on Saturday September 22 2007, @07:27AM (#20709913)
    This is probably just a way for CSIRO to saying they don't hear enough ching in the bling.
  • Total FUD (Score:5, Insightful)

    by Xhris (97992) on Saturday September 22 2007, @07:50AM (#20710001)
    CSIRO owns patents on pretty much all common wireless technology deployed today. It owns these patents because it developed the technologies. Currently CSIRO is actively trying to get other companies to actually honor its legitimate patents not just for "n" but the existing 802.11x standards as well.

    These are real patents that lay the mathematical/technological foundation for how pretty much all wireless networking works currently. Saying that CSIRO has no right to defend these patents would be like saying CISCO is morally obliged to give away all their routers because we all depend on the internet and we need routers for the internet to work.
    • but wasn't the VC money for CSIRO all from *taxpayers*?

      CSIRO should hold patents to prevent corporations from patenting the tech for themselves, but not to make a profit.

      All the engineers etc were paid to think this up. After that the invented tech is a public resource. A govt. agency should not behave like a corporation.
      • Re: (Score:3, Insightful)

        CSIRO is required to be partially self funded via external revenue. How is it expected to develop new technologies if it cannot then raise revenue on exciting "stuff" it has developed? Given CSIRO is not in the business of mass production of widgets, selling its IP (ie patents) is really the only approach it has.
      • Are all those profiting from these wireless technologies taxpayers? If not, they should pay their dues too.
      • Re:Total FUD (Score:5, Insightful)

        by deniable (76198) on Saturday September 22 2007, @08:19AM (#20710143)
        *Australian taxpayers!*

        The 'public' who want this resource are foreign companies that didn't pay for the research and whose only contribution to Australia is flogging us goods that violate our patents.

        If the CSIRO was acting like a corporation they would have already patent-trolled 802.11 out of existence.
        • Re: (Score:3, Insightful)

          You're right. Australian taxpayers paid for parts of 802.11 to be developed. American taxpayers paid for TCP/IP to be developed (ARPA / Berkeley). British taxpayers paid for the TFT display to be developed (DERA). Various European taxpayers paid for HTTP and HTML to be developed (CERN).

          As I sit here, reading Slashdot on my laptop's TFT via 802.11g, I sit and think how none of this would be possible without exploiting the Australian taxpayer.

  • Familiar story (Score:4, Insightful)

    by jc42 (318812) on Saturday September 22 2007, @08:33AM (#20710225) Homepage Journal
    So is this yet another example of using patents to retard the "progress of science and the useful arts"?

  • Yet another misleading lead in on a slashdot story...does it ever end?

    This is a story about the very weak possibility that 802.11n may never be 'standardized' NOT that it will never "happen". It's already happened. I've been using 802.11n on all my home computers for months now.

    • Re: (Score:2, Insightful)

      I've been using 802.11n on all my home computers for months now.

      No, you haven't... You are using an implementation of a not yet approved standard that could become 802.11n. The "standard" may still change and you may be able to upgrade your hardware with a firmware upgrade if that happens. However, the manufacturer of your gear is in no way obliged to do so, after all, it couldn't sell it as 802.11n gear, since the 802.11n standard isn't yet accepted.

      A standard, by definition, does not change....New r

  • This time, everybody on the committee should be required to wave all patent rights to anything that makes it into such an important standard, lest we wind up with another Rambus debacle. If there are a few unavoidable patent issues, then we will just have to wait a few years until they expire.
    • Re: (Score:3, Interesting)

      It's not that simple. The WTO takes IP very seriously and holds it dear in his heart; and it does have the power (and the precedence) to put heavy fines or sanctions (not that we are going to put US on embargo anytime soon) in cases of non conformance with its rules. You can't just ignor international IP, unless you want to ignore international trade all together

      Besides, why should you want to ignore the issue here? This is not a patent-mongering Eolas-like VC-funded private company or a 1-click patent w