Pop-Under Ads Patented 325
gopherdata writes "The Oregonian is running a article about a company, Exit Exchange, that claims to have invented the pop-under ad and is currently in the process of patenting it. According to the article the company hopes to collect royalties from other companies using pop-under ads. Are two lines of javascript worthy of a patent?" On the other hand, this is one stupid patent
I'd love to see held up, just so that the licensing fees could discourage advertisers
from attacking their potential clients.
can someone patent "public nuisance?" (Score:1)
Re:can someone patent "public nuisance?" (Score:2)
Oh, until I use a machine with IE on it of course.
Fine with me (Score:1)
Re:Fine with me (Score:4, Funny)
Re:Fine with me (Score:2, Funny)
Re:Fine with me (Score:2)
too bad. (Score:4, Funny)
Re:too bad. (Score:2)
Re:too bad. (Score:2)
Bah. (Score:4, Insightful)
If you really hate stupid patents, fight against ALL of them, even the ones that might have short-term benefits! We can't afford to pick and choose the 'good stupid patents' from the 'bad stupid patents'.
Re:Bah. (Score:5, Funny)
Re:Bah. (Score:4, Insightful)
Since these things are in common use, if you can show these were created without direct or indirect knowledge of the company's work then you can make the case that the invention is obvious, and not original. Hmm. Maybe an application for Google? Quick, get me a patent lawyer.
This is worse than a software patent... (Score:5, Insightful)
Ridiculous. Scary.
Re:This is worse than a software patent... (Score:2)
Re:This is worse than a software patent... (Score:4, Interesting)
Re:Bah. (Score:2)
What good would it be if he'd say "yet another stupid patent that will be passed" without adding anything completely opposing a previous statement? The whole thread would be bitching whining about the patent office people that are brainless, some trolls about how USA is "the land of the free" with DMCA SSCA and EtCeTeR-A and other flames, and the typical "hey I patented sticking a finger in my nose to clean it"
Oh.. wait... nevermind.
Re:Bah. (Score:2)
This is different (Score:2, Interesting)
In this case, we would be arguing for this patent, because it will stifle the use of what it patents, thereby holding back progress and whatnot in a field where we don't want to see progress.
In other words, we're promoting this patent as a device to hold back innovation :) I'd like to see a
patent lawyer agree with that one.
Re:Bah. (Score:2)
You miss the point. It's not the patent itself that's dangerous. What's dangerous is the idea of accepting silly software patents in order to do away with a relatively minor nuisance. If you're going to oppose software patents, then you need to be uniformly and consistently opposed to them, and resist the temptation to accept the convenient ones.
--Jim
what next? patenting alert() calls? (Score:5, Insightful)
Re:what next? patenting alert() calls? (Score:2)
Too late! I just registered that one...
Doesn't make any sense (Score:2, Insightful)
One purpose Javascript was designed for was opening other windows; hence, the window.open call. I doubt that the patent will be granted.
That's like patenting hammering nails with a hammer. You can use the tool anyway you want but I'm going to charge you for every nail you hammer in with it?
That's absurd.
Re:Doesn't make any sense (Score:2)
Re:Doesn't make any sense (Score:2, Flamebait)
Well, nearly every patent is, in a sense, a method of using a tool.
While it doesn't make sense to patent the hammering of nails, it does make sense to patent, for example, a better hammer. And when it comes down to it, a hammer can be reduced to "a method of using a foundry to pour an alloy into a particular shape" and "a method of using a sawmill to cut wood in a particular shape" and "a method of using a robotic arm (or Indonesian eight-year-old) to attach a handle to the head of a hammer"
A computer itself is a tool; few would argue that *no* "method of using a computer" should be patented. If I spend ten years of my life developing an entirely new OS from scratch, and it's awesome, I should get some compensation.
The question, I guess, is the level of "tools with tools" at which a patent becomes reasonable. He who figures out how to fashion a computer from a series of factories deserves a patent. He who creates a more efficient OS for that computer probably deserves a patent. Even he who creates a new programming language under that OS probably deserves a patent.
But he who writes a three line script in an that programming language probably does not.
Re:Doesn't make any sense (Score:2)
If I spend ten years of my life developing an entirely new OS from scratch, and it's awesome, I should get some compensation.
Oh, you mean like Apple? And before you tell me about Xerox PARC--Apple paid for that technology from Xerox. Why you can patent a trivial technology like a pop-under, but not the whole WIMP paradigm, is beyond me.
Yeah, I'm still sore. And I still use a Mac, dammit.
Re:Doesn't make any sense (Score:2)
Patent granted on sideways swinging [slashdot.org]
Re:Doesn't make any sense (Score:2)
What a great extortion scheme! (Score:3, Interesting)
Re:What a great extortion scheme! (Score:2, Interesting)
Vilcauskas is trying to use the change in patent law to sell the company's technology -- or the entire company -- before the patent is granted
they are trying to sell what they don't have (as the patent is not granted yet). That's fraud.
Is it possible...? (Score:3, Funny)
Re:Is it possible...? (Score:4, Funny)
No, but you might be able to get one for beating [slashdot.org] dead horses [slashdot.org].
Ideas are patented, not code (Score:2, Informative)
You can patent an idea so it doesn't matter how little code it takes to implement the idea.
When you think about it, aren't pop-unders better than pop-overs? They're all bad, but we can't escape advertising without moving to dictatorial establishments.
www.scottauld.com
Re:Ideas are patented, not code (Score:2)
No, you stupid fuck, pop-unders aren't better than pop-ups; in fact, quite the opposite. With pop-ups, at least we know they are there and can quickly close them, preventing them from opening more windows or using more of our resources. Pop-unders may go unnoticed, thus stealing our resources, while simultaneously opening up more pop-unders, thus stealing more of our resources, until the entire system comes to a screeching halt trying to deal with twenty-thousand pop-unders.
Re:Ideas are patented, not code (Score:2)
It should.
Anything which can be written in two lines of code should be considered "obvious" in the
unpatentable sense of that word.
(Obviously, the lines need to be limited to reasonable length.)
-- this is not a
Re:Ideas are patented, not code (Score:2)
Not when you tend to open a lot of windows in the background and those f*cking window.focus() calls screw up your window ordering; the end result is even *bigger* windows get popped to the front; requested ones, yes, but when you open a window in the background only to have it force itself to the front, it's very irritating.
I'd rather have the fairly well defined behavior of popup's than have my window stack ordering screwed up as well.
Re:Ideas are patented, not code (Score:2)
there are good arguments both ways as to whether BMP's are good for society or not.
OK, I'll bite. How could you possibly argue that business method patents are "good for society"?
-- MarkusQ
I recommend Mozilla to block popunder adds (Score:5, Informative)
Re:I recommend Mozilla to block popunder adds (Score:2, Informative)
What's cool about this is it's the default setting.
Re:I recommend Mozilla to block popunder adds (Score:2)
While not a problem on sites that do it properly (<a href="foo.html" onclick="openwindow('foo.html');return false;">foo</a>), it's annoying on sites that use the javascript: pseudo-protocol (<a href="javascript:openwindow('foo.html')">foo< ; / >) and which misuse onclick (<a href="#" onclick="openwindow('foo.html')">foo</a>)
*grumble*
Re:I recommend Mozilla to block popunder adds (Score:2)
Re:I recommend Mozilla to block popunder adds (Score:2)
If I ever have the time, I'd love to add an IE-like "zones" concept to Mozilla or Galeon, where one can create site profiles and can ban certain sites from taking certain actions (Setting persistent cookies, raising/lowering windows, opening windows and then immediately lowering them, opening windows at all, etc). One may then easily select a profile for a given site with a simple right-click in the document. It could even retroactively close all popup windows if a site were changed to a more restrictive profile.
Denied. (Score:4, Informative)
This application will be denied. They have to state when the idea was put into practical use, and when they say that it was over 12 months ago, the USPTO will deny the application. At least, that's what I was told when I filled out the applications for my three patents. An idea is not legally patentable, and will hence be denied, if the company decides to patent it over a year after its introduction. The laws in Japan are different -- you must submit the patent BEFORE the public sees it. I'm 100% positive that I've been subjected to popunders for longer than 12 months.
Re:Denied. (Score:2)
i make a bunch of closed source software for a company but because only the company uses it, i can file patents long after the 12 month period.
watch out, Cmdr-T (Score:5, Insightful)
Be careful applying judgements, CmdrTaco... remember that the Bill of Rights isn't just to protect the "good guys"...
money spent on research? (Score:3, Funny)
we can't have this both ways (Score:5, Insightful)
We either fight all the patents we disagree with, or we fight none. When we pick and choose ("Well, this patent sucks, but maybe I'll get less spam on web pages") we appear weak. If our position truly is that we support patents issued for non patent-worthy things, then our position is weak.
Re:we can't have this both ways (Score:3, Funny)
Re:we can't have this both ways (Score:2)
Popunders are definitely NOT the most annoying (Score:2, Interesting)
I have two things that personally I find much, much worse.
1) Popups on close. Window spawning hell is what initially made me get (slightly) serious about using a filtering program to weed out javascript.
2) The most annoying yet, in my mind, is what I've recently seen on Yahoo (and I'm sure other places). They now have started to adopt "floating" ads, which move around on the screen using either flash or DHTML and do not pop up a new window at all. Instead, they cover the content of the main window with moving animations and other crap. I know that these have been around for a few years, but haven't really caught on too well until now. Perusing some of the trade rags to see what the enemy is up to, it appears that they are starting to gain popularity and probably will continue to so long as the people doing the campaigns are the ones used to designing for television. They want your attention fixed on their product for a given amount of time, without any way of getting what you're really after before they're done promoting to you.
For an example of one company I found who creates these things (and a place where you can see what I'm talking about if you haven't seen them yet), see www.eyeblaster.com [eyeblaster.com]
Re:Popunders are definitely NOT the most annoying (Score:2)
The asshole award (Score:2)
He also said that if he found out anyone was using these techniques without paying him royalties, not only would he sue them, but he would also send them fifteen thousand SPAMs, another thing he's claiming patents, copyrigths, trademarks, and trade secrets on.
2 lines of javascript worth a patent? (Score:2, Insightful)
The paperclip is an example of a brilliant idea with a technically simple solution. It was patented and I don't think many slashdot readers would argue with that.
Tim
Re:2 lines of javascript worth a patent? (Score:2)
Prior Art (Score:2, Interesting)
Or maybe I should patent using X language to add two integers between 25 and 50 together. It's the same thing, I'm using X's built-in add operator to do something specific.
So yes, this patent is retarded.
NOT something we want to see happen! (Score:3)
TERRIBLE idea! Bad law is not the way to solve bad behaviour. If this patent is issued and enforceable, we'll have far more fallout than just stupid pop-under ads.
What's scary is the MPAA-knockoff patent (Score:2, Offtopic)
It's the MPAA-inspired patent on blocking pop-under ads... a patent that exists solely to prevent you from implementing it. You WILL watch every commercial, you WILL read every popup add, you WILL navigate every site from the base page (no deep links), etc....
WTF? (Score:3, Insightful)
You can't have it both ways. If you want patents to make sense, you can't just say "oh well, this patent sucks, but I like the way it sucks." No entendre intended, double or otherwise.
Consistency is the only positive thing that government is really capable of. Right now, the patent office is consistently stupid. Don't confuse them with selective approval.
Re:WTF? (Score:2)
You can't stop people from smiling at the sight of those they dislike fighting eachother.
Who invented it? (Score:2)
I hereby decree that I invented the concept of "pull-down menu", since Set Focus is already taken by Exit Exchange.
Technology? (Score:2)
I wouldn't call a line or two of JavaScript technology.
Popunder vs. popup (Score:2)
Author Obviously Doesn't Know Much About Patents (Score:5, Informative)
Uhm
But the company founders are not going to just sit back and wait for federal bureaucracy to take its course
Its nice to hear how proactive they are but they really don't have much of a choice. The law is clear that they cannot sue for patent infringement until after they have an issued patent.
Exit Exchange is taking advantage of a recent change to patent law that enables it to seek royalties from companies for using its technology even before its patent is granted.
The "new law" allows the applicant of a non-provisional application to recover damages from the time he makes his application public ONLY IF AND WHEN the application issues into a patent. AFAIK, there is no non-provisional application, the application has not been made public, and no patent has issued. It may be quite some time, if ever, before these guys collect one red nickel.
"Because of the new law, we're now free to put anyone on notice and let them know that damages are accruing,"
Again, putting anyone "on notice" is not sufficient, you must have a non-provisional application on file, it must be published, and you can only get damages if you actually get the patent. These guys are blowing smoke!
Re:Author Obviously Doesn't Know Much About Patent (Score:2, Informative)
Of course, there still remains the issue of this POS ever issuing!
Re:Author Obviously Doesn't Know Much About Patent (Score:2, Insightful)
They actually did their homework (Score:2)
Amazing, isn't it?! Before jumping on a land-grab scheme, this company actually researched their idea for prior art. Granted, I don't think that this is worthy of a patent, but at least this company came up with their own idea, rather than trying to steal someone else's.
And no, I'm not going to make the obligatory slashdot comment about how the patent office needs to be reformed; someone else is bound to do that for me...
Re:They actually did their homework (Score:5, Informative)
dang it! (Score:2)
A patent on an advertising method? (Score:2)
That's about as useful as a patent on the CueCat.
Prior art? (Score:2, Interesting)
Misinformation from the Title of the Story (Score:3, Insightful)
Second of all, I doubt that Exit Exchange was the first company to come up with this idea. Well ok, MAYBE the first company, but not the first person. Hell, back in the days when I used Tripod, GeoCities and all those other crap free sites, they started to throw up popup ads and I used the focus() command to move them behind my visitor's browsers.
It's incredibly stupid that someone creates a language, JavaScript, and someone patents the combination of using two simple commands together. They didn't invent the language. It is obvious that the creators of the language intended for things such as that to be possible, and so much more. It's like saying in C++ that you can include iostream.h but if you "cout", oh man are we going to get you.
For those who don't know JavaScript, here is the most basic code to make a popunder:
<script language=javascript>
<!--
window.open("URL");
// -->
</script>
Make pop under ads go away with Mozilla (Score:2)
For good measure also uncheck "Change status bar text", "Move or resize existing windows" and "Open unrequested windows".
Hypocrites^2 (Score:2)
The Oregonian makes heavy use of popunders. I got two when I followed the link!
Someone to Sue? (Score:2)
Patent doesn't mean less ads (Score:2)
I have an idea for a patent of my own... (Score:2)
In other words, making money by selling things.
Patent the combination of malloc() and free(); (Score:2)
I wish them well. (Score:2)
The end result will be they'll be the only people who use pop-unders, and I'll have that many fewer sites to avoid.
Even better, all the scum who want to use pop-unders will sue each other for the privilege, thereby draining money from each others coffers, hopefully resulting in some bankruptcies.
My hat is off to you all.
This could be good if.... (Score:2)
OTOH, they'd probably just buy it and annoy everyone even more. But maybe they'd annoy someone with....
hmm... Better than Pop up (Score:2)
Stupid patent, yes, its too obvious. If they had to go and hack a 50000000 line C program or code in straight binary to pull this off that would be one thing... but it just seems too obvious to patent if it could be done in javascript. Odds are someone had played with such a thing almost as soon as java script was released.
Of course, patents only go to those who find a way to make something profitable. Not like the good old days where inventors had dozens or hundereds of useless patents that were actually innovative, like the automatic doughnut dunker.
Out of control (Score:5, Interesting)
I don't know who to blame more, the filers for inhuman audacity, or the USPTO for criminal negligence.
We just got hit by a stunner at work today. One of our competitors (number three in the market) has disclosed a patent for a configuration utility identical to the one we (number one in the market) have had for six years. A configuration utility! There's obvious prior art. It's obvious to anyone in the field. And the only innovation they showed was copying verbatum our name for the utility. How much do you want to bet that our company is going to roll over and license this "technology" from our competitor?
The sad part is that patents have become necessary to protect yourselves against other people with patents. No matter how much you abhore them, they're your only defense against those that don't. It's the IP version of Mutually Assured Destruction.
A patent for pop-under ads doesn't suprise me. Nothing surprises me any more. I've been told flat out at work "let's have a brainstorming session and come up with some new patents." I don't have any yet. I fear that I'll be fired if I don't come up with any disclosable ideas soon. Is there any market out there for software engineers that don't believe in software patents?
Re:Out of control (Score:2)
Re:Out of control (Score:2, Funny)
Re:Out of control (Score:2)
Well, I salute you and your self discipline. Anyhow, money's no good if you had to feel like the hollow shell of a man to get it. =)
I, also, refuse to climb the corperate latter if it means pushing technologies or principals I do not ethically condone. Good for you.
Annoyance tax? (Score:2)
Sig-1: Sacramento Kings MVP: cheese cake
FUCK THAT (Score:2)
Thats a joke. A complete, insane, joke. To whom do I send my hard earned dollars making these 'giant leaps' in technology in order to fight this shit?
The reason you still see pop-under ads (Score:3, Interesting)
Bottom line? They can quickly figure out what works, and what doesn't. So, when you see something stupid and annoying and wonder how the heck they can get away with offending people...it's because they've got numbers that prove that it works.
It really is like something out of those science fiction stories where big brother adjusts the propoganda and policy in real time in response to instant opinion polls.
Re:The reason you still see pop-under ads (Score:2)
That's an astonishing assertion. Have you got any - any - data to back that up? I don't see why advertising executives would let something as inconvenient as facts and data get in the way of their three hour working lunches and powerpoint presentations about market segmentation and mindshare. Advertising is a scam, perpetuated mostly for the benefit of advertisers. I mean, we're five years or more into the era of serious web banner advertising: it's still not paying for itself, and it's never paid for itself, and yet still advertisers perservere in the astonishing belief that one day people will click-through and make them rich.
Ain't never gonna happen
A better Idea... (Score:2, Insightful)
Make it clear to the people who put those damned things on web pages, that you will never buy anything from them, that is, anything at all--not even the latest, pea-sized hornicam(tm), unless it's cold water, delivered to you, in the desert, at a discount.
By putting those ads up, advertisers are opening windows in your GUI that require your attention to get rid of. It's computer intrusion using JavaScript and, patented or not, if you never buy anything you see advertised that way, they should eventually get the message and stop doing it.
Better still, even if they don't, you win the moral victory of knowing that arrogant clowns with too much money are spending a lot of it in a collossal waste of time.
Clap them in irons. (Score:2, Informative)
Now's a good time to get bannerfilter [phroggy.com]. It runs as a squid redirector, so you wont have to give up your accellerated cache, like you would if you used junkbuster.
Re:The best patent ever! (Score:2)
Re:The best patent ever! (Score:2, Interesting)
Re:The best patent ever! (Score:5, Interesting)
Um, it's already been set. Have you seen the kind of patents being handed out recently? Like the one on slashdot a couple weeks ago for using text and images on a webpage for commerce?
How many other things then could be patened? Links?
They're working [com.com] on that.
Seriously, I think this is kind of funny. The more silly patents that get granted, the more irrelevant our patent system becomes... Ditto for copyright law. It's a joke, and becoming more of one all the time.
I like how google jokes [google.com] on their lab site: Please email us your ideas, comments, suggestions, and patent infringement notices or post a message on the newsgroup for the particular demo you're referencing. (emphasis mine)
Btw, interested persons might enjoy checking out that labs.google.com site (thanks to k10k for the link..)
Re:Woe is me ... I hate pop unders ... geesh ... (Score:2)
Sounds good to me.
Re:Woe is me ... I hate pop unders ... geesh ... (Score:2)
Remember the days of BBS's and such..ahh...
Re:Woe is me ... I hate pop unders ... geesh ... (Score:2)
Out of curiosity, are you in school, still? Those of us in the Real World(tm) generally pay for bandwidth.
On the other hand...
It takes less than a second to close a pop under.
Re:Woe is me ... I hate pop unders ... geesh ... (Score:2, Insightful)
Re:Woe is me ... I hate pop unders ... geesh ... (Score:2)
if those in the Real World (tm) want to limit their bandwidth by avoiding pop-x windows, they'll use (as you eluded to) a browser that doesn't allow pop-x windows (moz/opera).
in the Real World (tm), those that are too cheap, too frugal, or too cost conscious to purchase the needed bandwidth will setup a Squid (tm) proxy server
Note: Real World is trademarked by MTV [mtv.com] corporation.
Squid is trademarked by the Squid Cache [squid-cache.org] web proxy software organization.
Re:please someone explain these to me. (Score:2)
It's not just about impressions, but the effectiveness of it. and pop-unders are definitely more effective. I mean, personally, I've click on Orbitz's pop-under ad because I may be interested in a cheap flight. But if it was a pop-up on some site that I'm reading, I have 3 choices, minimize it, click it, or close it. Most people assume that when they click it, it will take over their current page. The majority of the people when dealing with pop-ups, automatically close it without reading it.
Re:better idea.. (Score:3, Funny)
Re:The question is...? (Score:2)
window.blur() has been around since JS 1.0 so what are they patenting? Putting an image in a window (been there done that) and loosing focus?