Stories
Slash Boxes
Comments

News for nerds, stuff that matters

Slashdot Log In

Log In

Create Account  |  Retrieve Password

The End for Vonage?

Posted by Zonk on Fri Apr 06, 2007 01:08 PM
from the ohhh-they-can't-take-it-there dept.
TheRealSCA writes "The latest in Verizon vs. Vonage is in. The judge has basically stopped Vonage from accepting new customers. From the article: 'A judge issued an injunction Friday that effectively bars Internet phone carrier Vonage from signing up new customers as punishment for infringing on patents held by Verizon. Vonage's lawyers said the compromise injunction posted by U.S District Judge Hilton is almost as devastating as an injunction that would have affected Vonage's 2.2 million existing customers. "It's the difference of cutting off oxygen as opposed to the bullet in the head," Vonage lawyer Roger Warin said.'"
+ -
story

Related Stories

[+] Vonage Loses VoIP Case With Verizon 150 comments
cdrudge writes "A federal jury on Thursday said Vonage Holdings Corp. violated 3 of 5 patents of Verizon Communications Inc. and ordered the upstart Internet-phone company to pay $58m in damages as well as 5.5% in royalty fees per month per customer. Verizon said it would seek an injunction to block Vonage from using its patented technology. The jury did reject Verizon's claim of $200m in damages and that Vonage deliberately violated Verizon's patents. As you might expect, Vonage said it would appeal the decision and seek a stay if an injunction is granted. Judge Claude Hilton set a hearing for March 23 on whether to grant an injunction."
[+] Vonage Barred From Using Verizon VoIP Patents 247 comments
thefiremonk writes "Bloomberg reports that U.S. District Judge Claude Hilton has issued a permanent injunction against Vonage. The goal: to stop allowing customers to make calls to standard phone lines. 'U.S. District Judge Claude Hilton approved Verizon's request for a block today in Alexandria, Virginia. Hilton said he won't sign the order before a hearing in two weeks on Vonage's request for a stay. A jury found March 8 that Vonage infringed three patents and should pay Verizon $58 million.' Does this spell doom for the already troubled Vonage? "
[+] Vonage Signs Deal to Escape Patent Infringement 60 comments
Tone Def writes "In the wake of a court injunction barring Vonage from infringing on three Verizon patents, the VoIP provider has signed an agreement with VoIP, Inc. to carry all Vonage calls over its network. Two of the Verizon patents Vonage was found to have infringed covered connecting VoIP calls to switched networks, so the agreement means Vonage is no longer infringing those patents. 'By signing the agreement with VoIP, Inc., Vonage has provided itself with a measure of protection against the injunction. VoIP, Inc. owns its own network, describing VOICEONE as the "first, seamless nationwide IP network." Perhaps most crucially from Vonage's standpoint, VoIP, Inc. claims to own the intellectual property around its network and services.'"
[+] Technology: Vonage Allowed to Sign New Customers 47 comments
terrymr writes "The Court of Appeals for the federal circuit has stayed the injunction against Vonage pending their appeal." The appeals judge agreed with Vonage's argument that the amount of consumer churn that Vonage or any telco suffers from would surely mean disaster for their bottom line, were they denied an influx of new customers.
[+] Technology: Vonage Admits They Have No Workaround 345 comments
drachenfyre writes "It looks like Vonage has no workaround for their recent patent infringements. This means if a permanent stay isn't granted it is likely that it will be the end of the line for Vonage. What will happen if millions of phone customers suddenly lose their service? Their own filing to the court stated 'While Vonage has studied methods for designing around the patents, removal of the allegedly infringing technology, if even feasible, could take many months to fully study and implement.'"
[+] Vonage Wins Permanent Stay in Verizon Case 104 comments
kamikaze-Tech writes "The US Court of Appeals for the Federal Circuit in Washington DC today issued Vonage a permanent stay of a previous court's injunction that would have barred it from signing up new customers. Vonage sought the stay following an April 6th decision by the US District Court in Alexandria, VA enjoining the company from using certain VoIP technology to add new customers."
This discussion has been archived. No new comments can be posted.
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
 Full
 Abbreviated
 Hidden
More
Loading... please wait.
  • Yay! (Score:5, Insightful)

    by Mateo_LeFou (859634) on Friday April 06 2007, @01:10PM (#18636131) Homepage
    Our "intellectual property" system at work for you, ensuring innovation and -- as a nice side effect -- severely restricting competition in the marketplace. Hip Hip Hooray
    • Re:Yay! (Score:4, Funny)

      by plasmacutter (901737) on Friday April 06 2007, @01:14PM (#18636191) Journal
      youre not doing it right....

      insuring innovation by.. providing innovative new ways for incumbents to crush advances which threaten their bottom line.
    • Re:Yay! (Score:4, Insightful)

      by norminator (784674) on Friday April 06 2007, @01:17PM (#18636229)
      Damn.

      I've been enjoying cheap phone service for 18 months now, and hoped it would last a lot longer. If Vonage goes under, and the other VoIP companies face the same patent issues, I may end up having to sign up for Comcast's crappy phone/cable/internet package... increasing my total bill for those services by $10 now, and by another $30 after a year.

      I absolutely refuse to go back to Qwest with their horribly incompetent customer service people (apologies if any of you work there), surprise bonus charges and fees, and the constant attempts to sell you new features you don't need. Thanks a lot Verizon, you really know how to ruin a good thing (and I'm not even in your service area!).
    • by Anonymous Coward on Friday April 06 2007, @01:45PM (#18636665)
      (to the tune of, woo woo, wo woo woo, from the vonage commercial)

      woo woo, we got sued!!!

      woo woo, we got sued!!!

      woo woo, we got sued!!!

      woo woo, woo woo,

      woo woo, we got sued!!!

      Bye Bye!
    • Re:Yay! (Score:5, Funny)

      by bmac83 (869058) on Friday April 06 2007, @02:27PM (#18637305) Homepage
      Hip Hip Hooray? I think you mean...

      Hoo hoo, hoo hoo hoo.
      Hoo hoo, hoo hoo hoo.
      Hoo hoo, hoo hoo.
      Woo hoo, Woo hoo hoo.
  • The stage is set (Score:5, Insightful)

    by realmolo (574068) on Friday April 06 2007, @01:12PM (#18636163)
    Now that Verizon has more-or-less successfully defended their BROAD patents on VoIP stuff, I wonder how long it will be before AT&T/Cingular starts suing ALL of the other phone companies for violating THEIR patents.

    I imagine that AT&T owns MANY of the patents on much of the phone technology currently in use. Or at least, owns patents that are "close enough" to successfully sue everybody for infringement.

    It's all so crazy. The telecom industry in the US is fucked.
  • pwnage (Score:4, Funny)

    by Anonymous Coward on Friday April 06 2007, @01:13PM (#18636185)
    PWNAGE
  • by Anonymous Coward on Friday April 06 2007, @01:14PM (#18636195)
    Whooo-hooo, wooo hoo-hoo!
    Whooo-hooo, wooo hoo-hoo!
    Whoo-hoo-hoo, oooh-oooh...oops.
  • by Coldmoon (1010039) <{mwsweden} {at} {yahoo.com}> on Friday April 06 2007, @01:14PM (#18636205)
    Well at least I can watch TV this weekend without having to watch any more of those annoying Vonage commercials...
    • by hamburger lady (218108) on Friday April 06 2007, @01:21PM (#18636297)
      dunno, if it's verizon vs vonage, verizon wins the 'annoying commercials' competition.

      "have you heard the new fall out boy single? it. gets. me. pumped!"

      y'know what gets me 'pumped'? the thought of stabbing that man repeatedly and flaying the corpse.
    • by Homr Zodyssey (905161) on Friday April 06 2007, @01:58PM (#18636847) Journal

      Hmm...commercials...

      Oh yeah! I saw those last time I visited my parents. I kept trying to fast-forward through them, but it wouldn't work. They said it was because they didn't have TiVO -- but that just didn't make sense to me.

      Apparantly there are actually people out there who watch TV shows when the network execs tell them to. They have to put up with these "commercial" things, and the show doesn't pause when they get up to go tot he restroom.

      I don't want to live in that kind of world.

  • Patent infringement is NEARLY always about one big guy versus another big guy -- or a big guy versus a little guy. How often do patents actually help individuals rather than mega-conglomerates? Even if you have a small business with various patents, can you afford to protect them in court?

    Vonage lived by the sword -- they themeselves believed in patents. While I feel this judgment is counter-market, it doesn't cause as much damage as patents do in general. The idea that someone can monopolize the thoughts, motions or creations of another individual is ridiculous, especially in the multitude of patents we all know are ridiculous.

    So be it. Whenever anyone who uses patents loses a patent war, they get what they deserve. I feel no pain for Vonage, nor anyone who decides to base their businesses on forcing other businesses not to compete in a certain way.

    Rest in pieces, Vonage. Maybe Verizon will be next.
    • What? (Score:4, Interesting)

      by ivan256 (17499) on Friday April 06 2007, @01:18PM (#18636263)
      So you think this wouldn't have happened if Vonage hadn't pursued patents?

      Let me add a dose of reality to your delusion. They simply would have been sued out of business sooner.
          • Re:What? (Score:5, Funny)

            by RxScram (948658) on Friday April 06 2007, @02:10PM (#18637051)
            I quickly cast Mage Armor, do a tumble check to get out of the room without being skewered, then unleash a lightning bolt on his armor wearing ass!
          • Re:What? (Score:5, Insightful)

            by Jah-Wren Ryel (80510) on Friday April 06 2007, @02:23PM (#18637251)

            Say you walk into a room. There's a sword leaning against the wall next to the threshold and a fully armored knight charging you with his sword held high. Do you pick up the sword and parry, or do you simply make peace with your last few seconds of life?
            Your analogy is much more apt than you apparently realize.

            You can not hope to prevail against that armored knight. If he lands one blow, you are effectively dead. If you land 100 blows, maybe he gets a few bruises. If you fight you are guaranteed to die, it is just a matter of how many minutes it will take.

            If you negotiate, you might convince the guy to stop, you probably won't but you've got a much better chance of coming out alive than if you take the inevitable path to death of engaging in a totally mismatched fight.

            Of course there is a third option - get the hell out of the room. Same thing with patents, if there were no patents to fight with, then they wouldn't be able to kill you with them.
    • by Hoplite3 (671379) on Friday April 06 2007, @01:33PM (#18636479)
      I said much the same yesterday about patents.

      Patents are a government granted monopoly (on an idea, in this case) to encourage a certain behavior (inventing). This sort of monopoly has lots of hidden costs for the economy and an unknown benefit for the patent holder. Why not keep everything clear and open? Don't allow the patent. If they idea is really great, it should be easy for the company that that discovered it to dominate the market in the future. Their competitors should take some time to get "me too" products to market, and that time can get them some real dough. If the idea isn't that innovative, it'll be copied easily and won't mean much. This system -- the one without patents -- still rewards people with good ideas.

      This is the Adam Smith warning all over again. Government granted monopolies seem like cheap ways of subsidizing desired activities (research, in this case), but they end up costing a fortune. It's like funding things on bond issuance. The government regularly gives money to the NSF and the NIH because science has a solid track record of providing big returns on the investment, but using patents to cover research is obviously bad, since we're taking a loan instead of buying an investment. Business patents involve the government taking a loan to subsidize business, but without any public discussion about the possible benefits of taking that loan.

      Locking up ideas in patetents is, to me, morally reprehensible too. It inhibits the free flow of ideas by regulating techniques, knowledge, and even the conclusions one can draw from data. I believe that the cost to society of the patent is too high. People invented things before they were granted monopolies, and they will continue to do so after those monopolies are removed. As the pace of innovation accelerates, more people encounter roadblocks caused by this unwise funding. And its exactly that they are paying for the discoveries of a past era through royalties now.

      Intellectual property of all sorts is absurd. The idea could sink our culture.
      • by mungtor (306258) on Friday April 06 2007, @01:56PM (#18636805)

        If the idea isn't that innovative, it'll be copied easily and won't mean much. This system -- the one without patents -- still rewards people with good ideas.

        You're making the false assumption that innovative == technically difficult. Often it isn't, it's simply a matter of thinking outside the box.

        How technically difficult is it to produce the opener on the top of a modern soda can, especially once you've seen one? Not very. However, as a solution to the problems of pull-tab cans it was a pretty damn clever innovation. There are thousands of examples where people say "I could have thought of that". Well maybe, but they didn't and there is no reason to penalize the people who did since the non-inventors see the system as "unfair".

        The place where the current patent system fails is in the area of process patents. A method of interconnecting any two existing things should not be patentable unless truly new technology was invented to accomplish the purpose. The same with tacking "on the internet" to any existing process (eg One-Click). However, an infinitely variable valve timing assembly for automotive use... at least a "maybe".

      • by BLKMGK (34057) <morejunk4me.hotmail@com> on Friday April 06 2007, @02:10PM (#18637053) Homepage
        So, let's play this game - we'll even name it something like China. You the player spend oh 5 years researching and creatnig some neato' keen scientificly designed product but you don't Patent it because well you just don't roll that way. So you bring this thing to market and it's really kewl but it's kind of expensive because afterall you have all those years of R&D to pay for and a family to feed. 2 months after having released your neato' keen device to market sales sharply drop. Gee, why is that? Oh wait, someone else is playing the game too. Only they are playing it a little different. Seems they were one of your very first customers only instead of using your product they took it apart, duplicated the pieces, and are now making them too - for 1/4 your asking price. They paid nothing for R&D other than the time spent reversing your product and because they have no R&D tail to pay for they aren't deep in the red like you were when you started. No patent so you have no way to fight them - now what? Two months is actually not a crazy estimate either BTW, hell these days you're likely to hand them the plans to manufacture your precious widget anyway. 5mins after the plans hit their desk they are being duped. Worse they might even run the production line double time - you get the products built during the day, they sell the products they built at night. Whoops, how do you fix that exactly? Think this through....

        The patent system right now SUX, I'll grant that. However it doesn't suck because the idea is completely bad it sucks because the patent office grants overly broad patents and because we have a judicial branch running amuck making decisions on technology they barely understand. Dumping the patent system while nice in fantasy land isn't going to necessarily mean that it will make things better. China, and other countries, are copying products with little to no R&D like mad and undercutting the real companies making these products. The result is that some of the companies are losing their ass due to R&D costs - what you propose, nuking the patent system, would allow this with no penalty. You sure that's what you want?

        Oh and yes people invented things before patents. Then they VERY closely held onto that information for fear that others would benefit from it if it was shared with anyone other than maybe an apprentice. They didn't simply tell every Tom, Dick, and Harry, who wandered by how to do the thing that allowed them to make a living I promise you. There also wasn't this huge global information system that would allow the information to spread like wildfire.
  • Thanks, Verizon... (Score:5, Insightful)

    by keithmo (453716) on Friday April 06 2007, @01:19PM (#18636269)
    ...you just made my choice a little easier. I'm a happy Vonage customer, and I'm also in the market for a new cellular provider. I can now scratch Verizon off the short list.
  • by R2.0 (532027) on Friday April 06 2007, @01:42PM (#18636613)
    I think that Verizon is going to become a lot more interested in negociating with Vonage after this ruling. Why? Because if Vonage goes bankrupt, Verizon is likely to get squat in bankruptcy court. They don't have a lot of physical assets. They have a customer base - a loyal one. How many Vonage customers, having already switched from an RBOC, are going to switch BACK voluntarily?

    Verizon viewed this as a way to get a piece of a growing market without having to invest anything. tey were going to use the patent to force Vonage to charge a "Verizon Tax" on their customers, which would make the service less attractive to users and maybe send somefolks back to the RBOC's - not to mention the fat licensing fees. But the judge may have killed the goose that lays the golden eggs.
  • by cdrguru (88047) on Friday April 06 2007, @02:07PM (#18636989) Homepage
    Let's see, Vonage builds ... nothing and sells little boxes to people to connect to their Internet connection. This then connects to a couple of termination sites that either connect to other Vonage customers (maybe) or just dumps the call out on the standard telephone network.

    Yes, individual calls out cost them something, but that infrastructure is built and maintained by the other companies. Generally, by the people too dumb to have switched away to Vonage and their VOIP ilk.

    The problem is that Vonage is 100% dependent on the telephone network they are competing with. They are selling a service which requires their competitor to operate. This is generally a bad business model, except it can generate extremely high profits for a short period of time. Vonage can't put Verizon out of business as it would eliminate their ability to operate.

    Of course having a leech syphoning off the high-value residential customers does nothing but piss Verizon, AT&T and others off. This has been coming for a long time and it isn't over yet. I would guess some telecom company finds some way to put every one of the leeching VOIP services like Vonage and Lingo out of business soon.