Overture To A Patent War? 174
Shackleford writes "CNET has an article discussing Yahoo's proposed $1.63 billion buyout of commercial search specialist Overture Services on Monday. Yahoo would acquire 60-plus patents related to technology and processes for indexing the Web, as well as for pay-per-click and bidding systems to grant sites higher placement in search results. The search market is expected to be reap $4 billion in revenue by 2005, according to researchers. As the industry matures, the competition for a piece of that large pie could lead companies to bulk up their IP legal teams, much like in other industries such as online advertising sales during the dot-com bust. And Overture sued FindWhat.com in February 2002 after FindWhat filed a summary judgment request in a New York federal court in an attempt to fend off any potential infringement charge from Overture. Two months later Overture filed a second lawsuit, charging Google with patent infringement in its pay-for-performance ad system. So is this the way the search engine competition will be won? Through patents and lawsuits?"
Is this even relevant? (Score:4, Interesting)
And, often times, I do click on those paid listings when it's something I really need. The signal to noise ratio is extremely poor when you go to a site in which the top entry pays $0.01 more than the next highest one up. Who's to say which is really the better one? When it's a matter of shelling out the most money, the relevancy goes completely out the window.
unobtrusiveness is the key (Score:1)
Ads are okay when they don't jump in the way and Google understands this, thus their advertising business model is not only sound but attractive both to the consumer and supplier.
Yahoo!, on the other hand, is trying to reap way too much of a profit. I'm confronted very ofter with large ads or a page of an ad before moving on to the main content. I used to like Yahoo! but now its such a hassle.
Re:Is this even relevant? (Score:1)
Basically, ads show based on how much an advertiser pays but also how often their ad gets clicked... so popular ad-sites get top ranking with less cost, and unpopular ad-sites have to pay more to get to the top.
If Overtures patents cover a system like that, it could cost google.
Re:Is this even relevant? (Score:3, Interesting)
Re:Is this even relevant? (Score:1)
Did you know? Altavista (Score:4, Informative)
Granted they're not where they used to be, but I bet there is quite a bit of expertise (aka. patents) in that portfolio.
This buyout is much more complex that looks at the surface.
Re:Is this even relevant? (Score:2, Interesting)
Re:Is this even relevant? (Score:3, Interesting)
But it is the ad that makes Google the most money (clickthrough rate * cents per click). Even though Google's ordering of ads tends to produce relevant results, you can't use it as evidence that Google isn't greedy.
Re:Is this even relevant? (Score:2, Interesting)
Re:Is this even relevant? (Score:1)
Re:Is this even relevant? (Score:2)
Shocking (Score:3, Funny)
No, god forbid some other company decides to make you pay for services. It's obvious that Overture was the first to come up with that idea, dag nabbit!
In other news, I make 3 cents in royalties for every fork ever produced for the next 3000 years. =)
Re:Shocking (Score:3, Funny)
Wow. With the number of forkings BSD is experiencing, that's like a zillion dollars. Are you in the market for a pool boy?:)
patents expire (Score:2)
Master calendar of "stupid patents" expiry dates? (Score:2, Interesting)
Gifs are "free" now, right?
Re:Master calendar of "stupid patents" expiry date (Score:2)
GIFs are free in the US now, but there are still some outstanding international patents on LZW. The LZW issue isn't really about an obselete 256 color graphic format anyway, it's about a general purpose (textbook) compression algorithm being patented. Think "patented bubble sort".
TIFF and several other things can use LZW.
Re:Master calendar of "stupid patents" expiry date (Score:3, Informative)
LZW was not a textbook compression algorithm when it was *invented* in 1983. It was -- gosh darn! -- INNOVATIVE! It *deserved* a patent, in 1983. Let me put it this way. 1983. ZIP had not been invented. LHA had not been invented. RAR had not been invented. GZIP had not been invented. COMPRESS had not been inve
Re:Master calendar of "stupid patents" expiry date (Score:1)
Guh? (Score:1, Flamebait)
So.. they're buying their way into obscolescence? Great idea guys.
Ryan Fenton
Re:Guh? (Score:1)
I guess so (Score:5, Insightful)
I would say yes since the technological battle was won by Google a while back.
The new motto of business: If you can't compete: Litigate!
Re:I guess so (Score:1)
No there is another way: pay people to use your products: Instant Messaging Giveaway [slashdot.org], I can imagine already the ads: search on yahoo.com, and win $1000
Well that may seem alot but $4 billions/year is also equal to $128/second, so that would balance it out =)
Re:I guess so (Score:2)
Defensive Patent My Ass (Score:5, Interesting)
Lexmark isn't a DMCA case (Score:3, Insightful)
The biggest threat to R.E. these days, however, is the Federal Circuit opinion in Bowers v. Baystate.
Who cares? (Score:2)
And patents have nothing to do with the DMCA anyway
Well.. (Score:2, Funny)
Isn't that how most other commercial competitions are won?
Re:Well.. (Score:3, Funny)
Re: (Score:1, Flamebait)
We're doomed.. (Score:5, Insightful)
This country is in for some major comeuppance in the next couple decades.. Its gonna get NASTY.. Just you watch..
Re:We're doomed.. (Score:3, Funny)
Hey, guess what (Score:2)
Yes, We are doomed. (Score:3, Interesting)
Even in the most just and reasonable situations, in which one person is truly injured by another and deserves compensation, the litigation involved decreases the overall pie available to the two principles (remember, that ambulance chaser is getting a third of the money).
When it comes to vastly more insidious things li
Patent wars extended to EU as well? (Score:3, Interesting)
The EU is in the process of modifying patent laws and practices, partly after US/corporate pressure. Hopefully we can avoid the worst of the US patent excesses along with it's accompanying lawsuits.
Re:Patent wars extended to EU as well? (Score:3, Interesting)
KFG
Re:Patent wars extended to EU as well? (Score:3, Interesting)
If another power were to occupy the United States and institute the policies provided for in the USA PATRIOT Act--secret arrests, secret trials, secret investigations, secret deportations--the United States would be considered a police state.
Sadly so, it's indeed ironic.
Re:Patent wars extended to EU as well? (Score:1)
I think it is likely that software patents will be rejected or only allowed in a very limited way. There are few very large European IT corporations that could profit from getting suein
didn't see that coming... (Score:5, Insightful)
Re:didn't see that coming... (Score:2)
But the other half of 'em does? How big's your dick now?
Re:didn't see that coming... (Score:2)
Of course! It's the American way! (Score:3, Insightful)
In other words:
Steal
Patent
Sue
???
Profit!
Re:Of course! It's the American way! (Score:4, Insightful)
Wow! A profit model that works. On Slashdot.
Whatever next?
Re:Of course! It's the American way! (Score:1)
I've just about had it (Score:1)
The sad thing is, if things don't turn around soon, it may be the only option.
Oh, and BTW, I at least hope all those modding this
Re:I've just about had it (Score:1, Insightful)
Do you really want all IP gone? (Score:1)
Re:Do you really want all IP gone? (Score:1)
How can there be authorship? (Score:1)
Just remember. (Score:4, Insightful)
Every time one of these lawsuits is filed, there's another chance for a judge to say, "this is stupid, goodbye patent".
Re:Just remember. (Score:2)
Re:Just remember. (Score:1)
Re:Just remember. (Score:2, Insightful)
Re:Just remember. (Score:2)
Remember, all law suits have to end somewhere. Either they start and end in a supreme court, or move up from a lower-level court, gets appealed and moved to a supreme court where they say either "The ruling makes 100% sense, respect the ruling!" or "We need more deliberation"
Prior Art (Score:3, Funny)
No, SCO has already patented that business model.
Increasingly often nowadays... (Score:5, Interesting)
I don't like it any more than you do, but let's look at it this way: This sort of thing WILL continue until the public is not only MADE AWARE, but MADE TO CARE about these issues.
Which, of course, is unlikely at best, and impossible at worst.
In my humble opinion and experience, there is only ONE way to motivate the Wrath of the Public nowadays, and that is to convince them that their money is at risk. The public will generally not raise an upcry AT ALL any more (the '60s having brought to a close the era of widespread, effective social upheavals of any sort), but when they do, it inevitably surrounds a "they're trying to take away my money, and I don't want them to" sort of issue.
So, there are only so many ways to deal with the growing problem of corporate litigiousness:
1) Somehow convince the public, in such a way that they could not be swayed again back into the corporate fold by extensive "PR" campaigns like the SoundByte campaign from the RIAA, that this sort of thing threatens their money (highly unlikely, but as I noted it's the only way to mobilize The Masses)
2) Move to another country-- but if it's anywhere even remotely civilized (e.g. Europe, Australia, Japan, etc.), chances are that they are already working on DMCA-like and other pro-corporatocracy laws there... if they've not already passed them!
3) Become a criminal and go burn down corporate infrastructure (and/or murder the "luminaries" of the Corporatocracy world, e.g. Darl McBride, Hilary Rosen, and of course BillG)-- likely ineffective, and even more likely to land you in jail and/or Death Row for the rest of your life (though may I be the first to say that the day Microsoft awakens to find their Redmond campus burned to the ground, I will hold a HUGE party...)
4) Commit suicide in disgust. (A bit extreme, but I'd be lying if I said the thought hadn't crossed my mind. We are living in a global plutocracy, and it's frankly very depressing.)
I wish there was a better way, and I'll probably be modded down as a Troll for being so negativistic, but hey-- I'd like to think I'm somewhat insightful. When Dubya was elected, the first two things I said (after "Oh, shit!") were that (1) we would get into a war (or wars), and (2) that the MS v. DOJ matter would end in MS getting let off with a slap on the wrist. Both came true. So maybe my negativistic attitude here is right-on. I really don't see an end in sight to all of this. The only thing that could stop it is for the economy to collapse so much that even Upper Management would be begging for crap jobs like the rest of us... and I really don't see that happening. In ten years, everyone in the US could be reduced to eating rice and drinking tap water, but Bill Gates will still be worth dozens of billions of dollars, and Darl McBride, as likely as not, will be living on a private (and very posh) island somewhere...
One very important point that the Public doesn't realize is that in a recession, or even in a Depression, all that money that people used to have does not "disappear". The total number of dollars floating about in the US is ever-increasing (even as the value of the dollar fluctuates). What happens during recessions and depressions is that the rich get richer, and the poor get poorer. Do you really think that when 99% of the people have fallen on hard economic times, that their money simply disappears into thin air? Nonsense. It means that the other 1% are getting fatter.
Oh yes, and one more thing to bear in mind. Many people's highest ambition in life is to become like these people. Most people entering the "IT" world (that sinister term for the fusion of inferior technology and businesslike ways) dream of being the next Bill Gates. And most people among The Public At Large not only respect corporations and corporate ty
Re:Increasingly often nowadays... (Score:1)
Most of the public will never give a fudge until they *directly* see it affect them. Thus, the only realistic way to fight is to use the same weapons: polical action committies and lobbyists. We need to form GeekPAC to fight for things that geeks care about.
The H-1B issue has taught some of us that if you don't protect your po
Re:Increasingly often nowadays... (Score:1)
It's time to wake up, Bill Gates is not Microsoft, not anymore, not for several years now. You hate Microsoft as a company, that's obvious, but can you name one time where Gates himself did something to hurt people? He was one of the people who made computers pretty much available to the general public. He's even going to give away most of his fortune, yeah, that's a horrible per
Re:Increasingly often nowadays... (Score:3, Insightful)
Re:Increasingly often nowadays... (Score:2)
Again, you are proving my point, people hate Microsoft becuase they made using computers easier, while still being successful.
Most people want to send email, play games and visit websites at home. Great news, Windows does that for you. It might not be the best system out there, but it does the job and it does it well. It's not super expen
Re:Increasingly often nowadays... (Score:2)
Again you put words in my mouth. I don't believe this at all. Read what I say, and don't make ASSumptions. I said that Windows XP's default interface, Luna, looks like it was designed for a preschooler-- and that IS bad. I did not berate it for being "easy" (though I could certainly think of several other interfaces, past and present, wh
Re:Increasingly often nowadays... (Score:2)
Mister, you have issues. (Granted, I do too, but hey.) The reason I don't use Windows is because Microsoft is an immoral company. I have a sense of morality left, unlike 99.9% of the people in this field. If that bothers you, tough cookies. I'm not in this field to make myself rich, I'm not in this field to do what everyone else admires, I'm in this field because I love computers. And because I love computers, I don
Re:Morals (Score:2)
Re:Increasingly often nowadays... (Score:2)
Re:Increasingly often nowadays... (Score:2)
Re:Increasingly often nowadays... (Score:2)
I am not usually one for profanity, but... bullshit !! The "thing" that made the Net take off was email, and that dates back to 1963. It is still the #1 reason people want to get on the Net -- ask anyone who's done so recently. As for making the Internet popular, well, I was there at the time, sonny, and it
Re: (Score:1)
Re:Increasingly often nowadays... (Score:2)
Actually, Gates/MS had little to do with it. MS got into the game by buying a crappy DOS from DEC and reselling it to IBM. The first version released didn't actually do anything useful and required an update the following week. That trend hasn't really changed since. Had it not been for gates, we'd have probably just had CP/M until it was replaced.
Next came Windows. It really wasn't anything but a clone of Apple's good idea. It also didn't really work right until version 3.1. Even once it did, it was prim
Re:Increasingly often nowadays... (Score:3, Interesting)
Not entirely true. The Do Not Call list passed without any direct measurable fiduciary benefit to the public. Of course it's more convenient (or less inconvenient) for people, so they gained. But it wasn't motivated by a strict dollar decision.
Re:Increasingly often nowadays... (Score:1)
Re:Increasingly often nowadays... (Score:2)
A marketer who call
Dumbass (Score:2)
Do Not Call List (Score:2)
Last year I passed the Series 3 exam (commodities) and became a commodities broker for a short period of time (they were a bunch of crooks so I didn't last long). We were handed sheets of paper that were faxed to them containing names and numbers.
Now, yes, I could imagine that the broker would trust that the company they get them from ran it through the database. However, given that the cost per violation is something lik
heh (Score:2)
Re:Increasingly often nowadays... (Score:1)
The best way to deal with large corporations abusing OUR goverments and OUR legal systems is by employing OUR police force and OUR justice. Yes, I am proposing vigilante justice when things get too extreme; when we lose trust in our goverments and when our legal systems are just a corporate tool for extortion and profit, it is time WE the people take back what is ours; OUR country, OUR legal system, OUR goverment, to reshape it into something new, something different, something BETTER. How? Beats me, but th
Re:Increasingly often nowadays... (Score:2)
Re:Increasingly often nowadays... (Score:2)
Nope, I run Linux only, and I play the occasional game.
Re:Increasingly often nowadays... (Score:2)
The notes and coins, and their digital equivalents in banks' computer systems, DO NOT disappear. And every year, the government prints MORE money, adding MORE dollars and cents into the total size of the US economy.
Let's sa
A model to follow regarding patent abuses.. (Score:3, Insightful)
When was the last time you actually read it and understood how and why its the publics right and duty to correct such injustices?
Re:A model to follow regarding patent abuses.. (Score:2)
I guess I don't get it. I'm not sure how a document that mostly lists grievances with a long-dead king, written in a time when it was perfectly acceptable to refer to the prior inhabitants of the thirteen original US states as "merciless Indian Savages" (and a time, by the way, when it wasn't even an accepted fact that rocks [meteorites] can fall from the sky), has any relevance at all regarding the handling of patents by modern corporations.
I'm a reasonable patriot and a Libertarian -- I love my country
IBM Makes Over $1B/Year "Licensing" Patents (Score:2, Interesting)
the only way to stop patent wars (Score:2)
Moreover, the only way to stop patent wars is to patent the business idea of making money on patent lawsuits.
And when I say "the only way" I mean it: it's really the only way. Well, unless someone will fix US patent laws, but *that* is absolutely unreal, at least in the country where the goverment is of corporations, for corporations.
Too Expensive to Fight (Score:1)
This is why I only use DMOZ (Score:2)
Makes me wonder if DMOZ should even permit these type of companies from using their system.
Re: This is why I only use DMOZ (Score:2, Interesting)
Re: This is why I only use DMOZ (Score:2)
A better way (Score:5, Funny)
I was searching for a better way, but when I tried Yahoo all I got was advertising.
Doesn't Overture = Gator? (Score:1)
AntiGoogle == Bad? More /. GROUPTHINK (Score:3, Interesting)
Is this the way? (Score:3, Insightful)
Yes, because sadly, that is the American way.
Re:Is this the way? (Score:2)
Re:Is this the way? (Score:2)
Projection crap (Score:1, Offtopic)
Crap projections like that are worthless. What are last year's actuals?
Search engine revenue may be going down, not up.
Overture owns misspelled kuro5hin.org URL (Score:3, Informative)
Guess what? It takes me to this [overture.com] overture search page. Makes me wonder if they've patented the use of commonly misspelled domains. The odd thing is that the whois database says that kuri5hin.org is not registered. The IE status bar briefly showed contact with auto.search.msn.com before turning up the overture page, which is also bothersome. The most logical explanation is that overture is the default search engine for my IE install. But how did it get that way? Do they just hijack unsuspecting user's browsers?
No they don't, you idiot. (Score:2)
Not that anyone cares.... (Score:2, Informative)
Yeah, it's declaratory judgment, not summary. Summary judgment is a motion filed in an action, whereas declaratory judgments are used to define legal rights. However, since it doesnt really make a difference in the substance of the story, carry on...... I'm such a tool.
No (Score:2)
No, but it is the way the advertizement wars will be faught. If yahoo keeps up the lawsuits, they'll probably with happy getting some royalties from google.
The frustrating future for users? (Score:2, Interesting)
Nothing is going to be quite as frustrating to me as having the web sites I visit being generally well-executed and useful, except for pockmarks of infuriating work-arounds to avoid the mandates of common-sense IP
build it and they won't come... (Score:2)
But would it be legal... (Score:2)
If Google is getting sued for patent infringement, would it be legal for google the company to use google the search engine to find prior art?
Samurai Search engine Suicide? (Score:2, Interesting)
No, because a) Developing workarounds is much cheaper than licensing. & b) Performance is all people want from a search engine. Unless a lawsuit can severely and permanently damage the utility and overall performance of a search engine, even a substantial one time monetary loss shouldn't be expected to doom an established site.