X10 Pays $4.3 million In Damages For Pop-Unders 288
Black Perl writes "The Seattle Times is running an article entitled "California brothers win $4.3 million award against X10." Apparently, pop-unders are "proprietary" technology and a "business model" that X10 stole. I have mixed feelings about this. I love to see X10 get its due for the pop-unders, but proprietary technology it is not." Haha. Patents are funny.
Ummm (Score:5, Interesting)
Re:Ummm (Score:5, Informative)
I tend to agree with you. But the browser doesn't specifically have a "pop under" feature. It's just a matter of running some JavaScript to send it to the back. Patenting that is rediculous, but no more rediculous than patenting anything else any given software does.
Which does lead us to the conclusion, of course, that patenting software is silly.
Re:Ummm (Score:5, Informative)
Precisely. The browser lets you run JavaScript code when a page loads. It lets you open a new window. It lets you move a window behind other windows. Using these features together to create pop-under advertisements isn't entirely obvious - although once you've seen the idea, reproducing it is completely blatently obvious (which is exactly the sort of thing patents are for - protecting the person who originally came up with the idea, because once the idea is out there, anyone can reproduce it).
But yeah, this is really pretty trivial.
Re:Ummm (Score:2)
What isn't obvious (like Amazon one-stupid-click shopping) is whether or not it would be a good idea.
Deciding that it is a good idea is NOT patentable.
I think most people agree pop-unders are a BAD idea which probably explains why most people HAVEN'T used them.
Re:Easier on the surfer (Score:2)
No this is not what it's for (Score:5, Insightful)
Now the theory I'm espousing here is not a matter of written law, but I think it was presumed in the original concept of patents that it took a certain amount of effort and resource to invent something that could be patented. If it takes near zero effort, then you lose nothing when everybody else duplicates your work.
Patents were created as a way to encourage innovation and that is precisely the opposite of what it is accomplishing in situations like this. Do you think, for one moment, that the pop under ad would never have been invented if it wasn't for patent protection?
Personally I'd be content to never see another pop-up or pop-under ad ever again, but this is just an abuse of the system.
Re:No this is not what it's for (Score:2)
Simple: for the publicity, reputation, marketing and/or production advantages of being first to market. Of course, the advantages of being first to market would be worth a lot more in the absence of IP law. Perhaps the "problem" (lack of incentive to innovate) wasn't really a problem in the first place?
Re:No this is not what it's for (Score:2)
Face it, patents are valid on some things. But they should be limited to things that really DO take a lot of research to invent. And yeah, that even could potentially include software stuff. Much as it sucked, RSA was probably a valid patent. Thank goodness it's expired though.
Re:No this is not what it's for (Score:2, Interesting)
The zipper probably did not require a lot of work to be invented - at least I don't envision a hundred different proto-zippers - but that doesn't mean that it shouldn't be allowed to be patented.
disclaimer: zipper != pop-unders.
Re:No this is not what it's for (Score:3, Insightful)
If it weren't for patents would the zipper have never been invented?
I tend to think that it would have been invented, or something similar to it, given the need for such a device, regardless of its patentability.
I feel the need to disagree... (Score:5, Insightful)
These event handlers and interpretations of parameters were programmed in specifically, they are not an artifact of some grander scheme or natural phenomena. Clearly, the designers had the idea of a window opening up behind it in mind at the time the language specification was designed.
I have a hard time believing you can patent the idea of putting an ad onto an existing media and calling that a business process.
Could I patent selling and printing ads in the background pattern of dixie cups and disposable paper plates?
That's what I see in this situation. Maybe you CAN do that, in which case (throws hands up).
Re:Ummm (Score:2)
At the very least, if you're saying that anything written in Javascript wouldn't be patentable because it's the Javascript that enabled it, then the same could be true of any language.
If you're just talking about embedding language in an application (like a web browser) then no technology developed o
Re:Ummm (Score:2)
If I build a widget that does A, B, & C, in any order you want, and someone uses it to do B, and then A, how do they get the credit for something I built?
Re:Ummm (Score:2)
You Can patent One Line of Code? (Score:2, Interesting)
Holy #$%! Let's get to it!
even stranger... (Score:5, Funny)
When the going gets tough, use Johnson's Going Tenderizer
Re:even stranger... (Score:3, Redundant)
Re:even stranger... (Score:2)
And on another note, feel free to sound like a broken record whenever you please. The more we encourage people to switch over to browsers like Mozilla or Opera, the better off everyone is. I got my sister to switch to Opera, and she's the type of person who opens every e-mail attachment, uses Kazaa, and doesn't know what Ad-Aware is.
Re:even stranger... (Score:2)
Re:even stranger... (Score:2)
Re:even stranger... (Score:2)
Oh the Irony (Score:3, Funny)
Re:Oh the Irony (Score:3, Informative)
Firebird, Mozilla, Opera, Safari, ANYTHING is better than IE or years-old versions of Netscape. Pop-unders are a bug, not a feature.
Re: (Score:2)
Re:Oh the Irony (Score:2)
Mozilla is a lot better solution. 1/3rd of Mozilla is written in Javascript (so it's extremely flexible), and supports DOM manipulations and such, and the javascript can happen while the documen
Re:Oh the Irony (Score:3, Insightful)
Re:Oh the Irony (Score:2)
I'm not sure if Mozilla has compiling/caching/whatever strategies to speed it up, but it's considered to be near the speed of MSIE which is mostly C. Most of the javascript is just controlling the C code, there isn't much rapid looping in javascript or whatnot.
Re:Oh the Irony (Score:2)
Besides, getting a pop-under on an article about the king of pop-unders is so amusing it's almost worth using a crap browser
Re:Oh the Irony (Score:3, Funny)
But at least he wasn't forced to use IE. My sympathies.
Re:Oh the Irony (Score:2, Informative)
Its free, and actually performs some pretty neat functions.
Re:Oh the Irony (Score:3, Funny)
you're new here, aren't you?
Re:Oh the Irony (Score:2)
By the way...if you mod this as funny, you've got it wrong. This isn't a joke. Try interesting or something. I can't believe I've not seen this mentioned already.
I would like to have seen... (Score:5, Informative)
PS, just for those of you who aren't familiar; X10.com is not really related in any way to the x10 protocol or x10 devices, don't let x10.com sour you to this awesome technology. x10.com seems to sell webcams mostly to people who hope to catch hot chicks on camera.
Re:I would like to have seen... (Score:3, Funny)
Re:I would like to have seen... (Score:2)
and there's a problem with that???
Re:I would like to have seen... (Score:3, Informative)
their anaconda cameras are pretty good for the money. you can't touch a weatherproof outdoor color or B&W camera for 3 times the price fo their camera.
Granted all they are doing is remarking and selling someone else's product. but I have bought at least 20 of their "anaconda" cameras for customers as they are super small, weatherproof as long as they dont get frozen inside an icecicle or submerged.
until you can find me a source of dirt-cheap outdoor cameras I'll continue to buy them
Re:I would like to have seen... (Score:3, Interesting)
The technology actually is pretty neat, but it's sadly built down to a price. I'd like to see higher quality alternatives which would dim lights more smoothly.
Fry's sells the X10 security camera line. Their advertising is horribly deceptive, since it implies that the cameras take high-quality pictures. This, of course, i
Re:I would like to have seen... (Score:3, Informative)
I think you misunderstand. The parent was saying that X10-the-protocol is good, and X10-the-company doesn't make good X10-the-protocol stuff.
The "higher quality alternatives" you are seeking exist, from many companies:
Every one of those companies have better X10-the-protoc
Re:I would like to have seen... (Score:2)
Re:I would like to have seen... (Score:3, Informative)
Re:I would like to have seen... (Score:3, Funny)
Well, other than they're the X10 that INVENTED the X10 protocol and MAKES the X10 devices.
x10.com seems to sell webcams mostly to people who hope to catch hot chicks on camera
I'm thinking about suing them; I bought a camera and I haven't cap'd a single bikini chick smiling into it yet! Their ad practically guarantees hot candid action!
Blech (Score:5, Informative)
It would appear that this is about X10 hiring these people to do pop unders, and then not paying them. Unfortunately it's impossible to say what the real
story is from this very short article.
Re:Blech (Score:4, Informative)
Re:Blech (Score:4, Insightful)
Slashdot is corporate-owned and is all about page hits these days, I'm afraid.
Patents? (Score:5, Informative)
From what I've read in other articles about this suit, they were sued because they refused to pay the commission for all those pop-under ads. Imagine if you started a company and designed a banner ad for a company. Your contract said you get a certain amount for each time it is used. Then after the company owes you half a million dollars, they decide not to pay. That is what this is about, not patents. Read here for more information [newsobserver.com]
*sigh* ... Typical...
Re: (Score:3, Interesting)
Re:Patents? (Score:5, Funny)
What does this have to do with patents? I don't think patents were involved here at all.
I'm patenting the act of not reading the article before posting a headline or comment. I figure 99.9% of Slashdotters will owe me millions.
Re:Patents? (Score:3, Funny)
with your UID there's PLENTY of prior art around
Re:Patents? (Score:3, Funny)
with your UID there's PLENTY of prior art around
And when has that stopped the patent office before?
Re: you're asking waaaaayyyy too much (Score:2)
you don't expect the editors to read the article do you?
I'll second that *sigh*
Now How Are They Going To Pay For All Of Those... (Score:2, Funny)
Gotta love Firebird (Score:5, Insightful)
Re:Gotta love Firebird (Score:2)
Back on topic, I think 10,000,000 is a bit much. Have they even sold that much in those cameras? They have probably spent more in hiring those models.
You are missing the point (Score:2)
Re:Gotta love Firebird (Score:2)
Re:Gotta love Firebird (Score:2)
Re:Gotta love Firebird (Score:2, Insightful)
It seems again that everyone else than Microsoft care about their users.
-rzei
Can someone tell me... (Score:4, Insightful)
Suggestions?
Re:Can someone tell me... (Score:2)
proprietary? (Score:3, Interesting)
window.open('ad.htm','myAdWindowTitle');
windo
Or something like that. Is "pop-under technology" really more complicated than that?
Re:proprietary? (Score:5, Insightful)
Stop the knee-jerking towards..... (Score:5, Insightful)
http://www.cbsnews.com/stories/2003/10/20/tech/mai n578996.shtml [cbsnews.com]
*snip* One of their first big clients was X10, whose security-camera ads soon began appearing all over the Internet.
"When we found out they weren't paying that bill, we were beyond distraught," recalled Chris Vanderhook. *snip*
Re:Stop the knee-jerking towards..... (Score:2)
Re:Stop the knee-jerking towards..... (Score:2)
Actually... (Score:4, Informative)
Who is liable? Website, or ad provider? (Score:2)
The most annoying thing about pop-unders . . . (Score:3, Insightful)
Thank god for netscape/mozilla and now the Google Toolbar. I haven't seen a popup or popunder in months.
Hmm.. (Score:2, Funny)
Where I come from pop-unders are a bug (Score:2, Funny)
WTF (Score:2, Insightful)
WTF do you mean WTF? (Score:3, Informative)
I don't see how the ruling in the brothers favor is idiocy. The only idiocy is in X10's IT staff who couldn't hack up their own.
We Need More Patent Insanity (Score:2)
OK. I'm being just a tad optimistic, aren't I?
I replied to that X10 ad... (Score:4, Funny)
It is my secret shame - responding to a pop under (it was a popup at the time I seem to remember).
Re:I replied to that X10 ad... (Score:2)
For example, I just picked up some wireless motion/light detectors from them. The X10 list price is $30 and the SmartHome list price is $20. But X10 had them on sale, and I got 6 for $60 ($10/ea). Since the order was over $50, they shipped it overnite Fedex for free.
That's a damn good deal.
mind-bending (Score:4, Funny)
Patents bad...popunders bad...patent stops pop..unders...ehhhhhhhhH!
[Head-explodes]
Re:mind-bending (Score:2)
Heck, I went the step further and denied unrequested windows. Getting half a million dollors taken from you under threat of retaliation of the US government urban military forces (the people with guns who write parking tickets for a living) is much harder to simply ignore.
Definitely Bad (Score:2, Offtopic)
Umm (Score:5, Insightful)
Exactly why isn't it reasonable for them to sue for the money that their contract says they should receive? And where in the article does it mention patents at all?
If there are patents involved here somewhere, then fine, but if there aren't, I wonder whether the Slashdot editors actually took the time to do some research on this matter before making some off the cuff remark about patents simply because it makes more people want to reply angrily.
It doesn't help much if we start calling EVERYTHING a patent issue.
Note: This WAS a patent issue! (Score:5, Interesting)
a) x10 reneged on their contract, and owed $564,000. That's pretty clear, and should be remedied.
b) x10 also "stole their technology and business model," and started using it on their own. This was also part of the lawsuit, and deserves to be laughed out of court.
Re:Note: This WAS NOT a patent issue! (Score:3, Informative)
And how is this a patent issue?
Tell you what: why don't you go ahead reference the patent in question at the USPTO site...oh, you can't you say? Is it perhaps because there is no patent in question?
Granted, there is a valid debate on the merits of this so-called "proprietary" technology, but this has nothing to do with patents.
Re:Note: This WAS a patent issue! (Score:2)
Patents? Patents? They got no stinkin' patents...they don't have to show you no stinkin' patents!
Nobody had patents on anything. Those "many people" are exactly right. A business model does not a patent make.
-h-
My wife teacher at kids high school during events (Score:2)
X10 paid them to do some work. They did the work - regardless of how easy the work was, they had a contract to do it...
The problem was, X-10 signed a contract before they researched what they were buying. When they found out "doh, this is easy" they reniged on the contract and started doing it themselves.
This is no different than signing a contract for some MSCE loser to admin your windows servers for a year to find out that if you inst
Pop unders? (Score:2)
An Australian soft drink consortium?
Oh. I love Mozilla..... of course keeping coding ahead of the junk adds on the internet, requires all of us. What we need to do is dump MS VB and C# inet script coding and widgets once and for all. Afterall they are responsible for atleast 90% of the security and junk mail problems.
I patented <html><head> (Score:2, Funny)
doesn't look like a patent lawsuit (Score:2)
Me to Slashdot: Join Reality (Score:3, Interesting)
Funny how the rotation of the spin on a story reverses depending on where it's posted...
I read about this about a week ago on Yahoo.com's WML news site on my cell phone. It was an AP story, I believe, and they presented it basically as these 3 brothers battling out the big evil X10 corp that didn't pay its bills and tried to take advantage of these poor, young kids. Yay for the brothers!
You hit Slashdot and just because it involves "patents" (a 4 letter word as far as many here are concerned, no matter what the context) the spin is that it's this big evil patent abuse and oooohhh run and hide and put your tail between your legs and oh-no-tinfoil-hat-syndrome all over. Oh no! The brothers are evil! Boo!
Give it a rest, already... technology that's only "obvious" after you've already seen it once isn't really "obvious". I hate stupid patents too, but if you look at the facts of the case instead of just saying "oh no - patents - automatic sheep mode on!" you'll realize it was a fair and square fight and a good decision by the court. Get a grip, already.
Re:So you're saying... (Score:3, Insightful)
Actually, what I'm saying is:
1) The terribly witty "Haha. Patents are funny." and the fact that it was submitted as a Patent topic is evidence that Slashdot isn't just biased, it's full of idiots. The issue doesn't even involve patents, though the story that's linked is less a story, more a soundbite and doesn't really explain what happened very well. The REAL issue is simply that X10 didn't pay their bills because they thought that they could take advantage of a bunch of punk kids and get some free work.
How about a GPL Patent org? (Score:2)
Everytime patents come up here, I wonder why the EFF or similar doesn't start patenting things. It would be nice if a public service organization could patent something like "selling stuff" and then license the technology to anyone who agrees to let others use derivative works stemming from that tech. You know, like GPL but for patent licenses.
I use Mozilla... (Score:2)
I feel for their case, and dislike X10's business ethics, but let's face it: we all hate internet advertising and anyone who profits from it. The pot's calling the kettle black as far as I'm concerned.
Headline wrong per usual slashdot practice (Score:2)
the story says "brothers were awarded damages of.."
a subtle yet important semantic difference... nobody's cashing any checks just yet.
and now x10 filed bankruptcy! (Score:3, Interesting)
The company that only last year billed itself as the world's largest online advertiser has filed for Chapter 11 bankruptcy protection.
Damn my X10 system!!! (Score:2, Funny)
Re:Eh - To The 9th Circuit Court (Score:3, Funny)
And to the Ninth Circuit Court of Appeals. Watch out now!
Re:Eh (Score:2, Funny)
Re:Eh (Score:2)
Re:so someone tell me again... (Score:2)
It's just like any other bad thing in the world really. (of course, I dont speak on behalf of slashdot, as we're no longer a hive mind like it used to be years ago)
Re:Xs (Score:5, Funny)
Re:Xs (Score:2)
Re:huh? (Score:2)
They didn't. There is no patent.
Re:you could be making millions (Score:2)
Incredible.