Vonage Hit With $69.5M Judgement 234
andy1307 writes "The Washington Post is reporting that Net telephone company Vonage Holdings Corp. was ordered in federal court Tuesday to pay Sprint Nextel $69.5 million in damages for infringing on six telecommunications patents owned by competitor Sprint Nextel Corp. In addition to the damages, jurors awarded Sprint Nextel a 5 percent royalty from Vonage on future revenues. It was the second verdict against Vonage this year. A jury in Virginia determined in March that Vonage had violated three Verizon patents in building its Internet phone system. The jury awarded Verizon $58 million in damages plus 5.5 percent royalties on future revenues. Greg Gorbatenko, a telecommunications and media analyst for Jackson Securities, said the decision 'feels like a death knell' for Vonage because future revenue will likely dry up, preventing the company from investing in better technology or improving customer service."
And so, the incumbent telcos smugly feel... (Score:5, Interesting)
But there will come a day when we will kick their corporate corpses and spit on them.
A perfect example of patents destroying innovation (Score:5, Interesting)
Here we have Vonage, offering a novel and efficient solution to global communication. They're opening up new possibilities. Yet the incumbents dare not face true competition, so they quash this innovative burst of talent. And what do we get? Less innovation, and less economic efficiency.
Re:A perfect example of patents destroying innovat (Score:4, Insightful)
Fixed for you.
Re:A perfect example of patents destroying innovat (Score:5, Interesting)
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Re:And so, the incumbent telcos smugly feel... (Score:5, Interesting)
The only day that we will kick their corporate corpses is if we get rid of stupid patents and actually enforce anti-trust regulations (note to the FCC: cable and satellite providers are no more competitors to ATT than pencils and markers are competitors to Bic). And I don't see that coming anytime soon.
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Vonage was just more corporate evil. (Score:4, Interesting)
This is ass stupid behavior from a company. I had been a loyal customer who frequently told people how good their service was. Now I tell them how much Vonage sucks and to beware their dishonest business practicies. Brilliant move. Giving me a $100 credit for service I didn't use would have got my business back for years to come.
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First rule: Don't use work e-mail for personal bills. Of course, unless they were related....
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First rule: Don't be business partners with assholes. It screws lots of things up.
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I never paid the part they didn't waive and haven't heard anything about it i
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Re:And so, the incumbent telcos smugly feel... (Score:5, Funny)
Gentlemen. .
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If you believe in Vonage, show your support to them by subscribing.
Anything else is just ignored.
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Pet projects (like the bridge to nowhere, or 50+ Robert Byrd memorial buildings) are paid for by the taxpayer, which the federal gov't has no compunction about spitting upon. If the taxpayers (and voters) didn't hand them unlimited power in exchange for aiding "the poor", "the middle class", "the retired" and "the children", lobbyists and special interests wouldn't receive federal favors.
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I mean, have you ever heard of a 14-year-old boy who DOESN'T want to sneek a peek at Dad's playboys/website history?
Damn... (Score:5, Insightful)
Seriously, 8 random people who aren't smart enough to get out of jury duty are considered smart enough to understand the fine points of patent law and internet telephony? And this is enough to cripple a (relatively) small startup company? Can someone remind me what Sprint/Nextel did with these oh-so-valuable patents, and what Vonage did that cost them tens of millions of dollars? Besides not paying sprint tens of millions of dollars, that is.
Re:Damn... (Score:4, Insightful)
The most disgusting part of all of this is that the telcos let the little guys take all the risks, prove and market the technology to the public, and show that there is a viable market for VoIP phone service. They they realized that they could squeeze more money out of consumers than Vonage et.al. were, but the only way to do that was put them out of business. I can't help but wonder if this is what our Founding Fathers(TM) had in mind when they envisioned the patent system.
Perhaps the most disheartening thing though, is the question: How many of the violated patents held by Sprint/Verizon are being infringed by the other under the blessing of cross licensing? I'd bet a big bag of money it's greater than zero.
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The strategy you describe is known as "follow the follower." Imagine a sailing race where you can risk how you tack your sails--riskier ways may give
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Re:Damn... (Score:5, Insightful)
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Re:Damn... (Score:4, Interesting)
On the other hand, realistically, how could eight randomly chosen citizens with no experience in the telecommunications field possibly come to an educated decision? Isn't a trial of this nature really just going to come down to which lawyer has the most winning personality (or the best ability to "dumb it down" in a way a layperson can understand?)
I understand we as individuals are entitled to be tried by a jury of our peers, but when one multinational corporation is suing another are eight Kansas City residents really "peers?"
And no, I don't have a better alternative to suggest, but something is clearly broken here.
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Both sides interview potential jurors and both can decide a potential juror isn't acceptable (IOW, would be biased towards the OTHER SIDE). I think there is a limited pool so they can't just keep throwing people out until they get the real "winners".
So, yeah, all people that get on a jury are (supposedly) hand picked to not
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I understand we as individuals are entitled to be tried by a jury of our peers, but when one multinational corporation is suing another are eight Kansas City residents really "peers?"
I tend to agree, however I find one flaw (at least in my own mind).
I prefer the economists to run the economy. I would prefer the computer scientists to run the internet (and so on and so forth). But does that mean I want the lawyers to run the courts (i.e. - for only lawyers to sit on the jury?)? If not them? Then who? Random people? (which I'm not saying is any better...) I'm not sure what the best answer is here.
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I forgot about that fact, and never did understand it to begin with.
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Why should the lawyers have access to this information in the first place?
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If I knew what case I would be on (say something tech related), I would "dumb myself down" enough to get on that jury. Since you don't know what case you'll be on, I'm 0 for 5 on jury calls.
My mom did put away a federal drug dealer, though! (She has a weird civil obligation thing) We bought her dinner. (Afterwards, she talked to one of the agents, and he told her there was a bunch of evidence against the guy that was dis-allowed" due to "technical points"
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Never mind the fact that these patents are so bloody obvious. Awarding patents and subsequent suits years later after another company has established themselves in the field, for simply taking a service and offering it online.
But we all know all of that. Too bad no one else does.
Investing in better technology? (Score:5, Interesting)
Re:Investing in better technology? (Score:4, Insightful)
It is when the only way you can implement it is with the approval of and huge payoffs to the industry oligarchs that currently control telecommunications and who's market VoIP is undermining.
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Re:Investing in better technology? (Score:4, Interesting)
That's the point. If they offer the identical service as my old phone company for $20/month less (ie. free long distance), then it's totally worth it.
Is Vonage cutting edge? No.
Are they innovating? No.
Can they save everybody at least $20/month on their phone bill? Yes.
i've seen this problem before. (Score:5, Funny)
The correct legal strategy here is, change their name to an unpronounceable symbol, and force everyone to call them "the telecommunications company formerly known as Vonage".
Absurd (Score:5, Interesting)
In 1985 I worked out everything that was required to do this and in fact even went so far as to track down Dialog cards so I could interface a PC to a T1 line.
There is NOTHING required that is worthy of a patent. NOTHING at all. This is all a totally obvious idea and relatively easy to implement. In fact it is so obvious that when I started working on the project I never even considered that patents would be available.
I never finished that project. I was a single parent working at home and my kids at the time decided I should not be allowed to program. Alas.
Now of course we have projects like Asterisk and its quite mature.
So how does this ruling affect projects like Asterisk? (www.asterisk.org)
Are we banned from plugging a hand held device that contains both a speaker and a microphone into a computer now? Or are we banned from connecting the computer to the telco switch, which BTW is a computer.
Maybe we are banned from connecting a computer which is called a PC to a computer which is called a switch via a network which has been in common use for decades.
To the fellow who points out that people who are too dumb to get out of jury duty are put in charge of million dollar technical decisions which they cannot possibly understand.... yes. You are 100% correct and you make an excellent post.
Its clear that lawyers have managed to turn technical progress into a game of craps. IMHO this is something the public needs to be more aware of and somehow it would be nice if our pollies could be held accountable for the bad legislation they created. We really need to get patent business out of the computer business.
Re:Absurd (Score:5, Insightful)
In fact, i think we may be seeing that cost all over the friggan place at the moment.
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Because they don't actually tell you what the case is about until you hear the opening statements?
Seriously. There are plenty of time wasting jury trials out there, and out of the whole lot of them I'd wag
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But it's because of the GP's point that a lot of otherwise smart people seem to think it's a good idea to avoid jury duty simply because it's a personal inconvenience. If you agree that taxes are necessary to being a functioning member of society, I fail to see how you could disagree that jury duty would also be necessary.
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My experience with jury duty (I live in DC, and go every two years) is that you learn what the case is about prior to selection during the voir dire process. That's one of the ways they figure out if you should be disqualified.
Because the jury selection process is corrupted. (Score:4, Interesting)
Because the jury selection process has been corrupted to the point that anyone with any background in the subject in question, or an engineering background in general, will be deliberately excluded from the selection.
If I understand it correctly, this apparently started out to avoid having jury members bring into their deliberations any personal knowledge of information that is not in evidence (and thus was not subject to challenge by the litigating parties). But the net effect is to exclude exactly those people with the educational toolkit to make informed judgements on technical issues, rather than being led around by the rhetorical skills of the attorneys.
People with technical backgrounds are, in fact, excluded from most trials. The ability to reason logically is seen as a liability by both prosecuting and defending attorneys.
One result is that the panels finally selected are far from a statistical sample of the population - with a statistical bias that subverts the intent of the jury system - and thus justice - to an extreme degree.
The other result is that going through jury selection is, for most technical people (along with anybody with a strong political position, knowledge of guns or crime, etc.), a massive waste of time. They will almost never be selected.
= = = =
By the way: You won't find the phrase "jury of his peers" in the US legal system. This is because we're all supposed to be peers before the law. Thus you have no case if you, as an engineer, object to being tried by a jury that systematically excludes engineers and consists exclusively of people who are retired or on welfare.
Re:Because the jury selection process is corrupted (Score:5, Interesting)
After the trial, speaking with the defense and prosecutors, they both said they nearly excluded me, but both took a chance. They outright told me that they are afraid of people in technical, specifically IT related technical fields, serving on juries. They didn't really elaborate much but it was the general rule, not one just for this case.
I did convey to them that I believed that was wrong thinking on thier parts.
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I meant that more this general rule that seems to exist in the states that smart people get out of jury duty.
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Seriously, how can it be legal to force a citizen to perform jury duty and as a result have that citizen lose income while performing their civil obligation?
(Not an American so I'm genuinely curious...seems, well, potentially life destroying!)
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and its essential.
but we'll be not doing that?
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>>Why is "Getting out of jury duty" considered smart?
The old Tragedy of the Commons. While our behavior in aggregate may lead us to ruin, as individuals we still find it better to dodge jury duty because we accrue all the benefit, and (generally) so little of the detriment.
Here's a wikipedia link for those that want it: Tragedy of the Commons [wikipedia.org]
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Ehh...not really. Juries decide questions of fact. Questions of law are decided by judges. A jury's decision rarely has any sort of precedential effect at all.
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John Jay would disagree with that statement.
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It also limits the power of juries to commit gross injustice out of racist ideology. Look at how much jury nullification there was in the 1950's in murder trials in the South where the victims were black (or white civil right workers)
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I meant more this smugness I keep hearing over and over that essentially you'd have to be stupid to not get out of jury duty.
Not everyone who is intelligent is going to lose their jobs or their health/finances due to serving as a juror i'm pretty sure.
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Vonage isn't in trouble for operating a VOIP service...tons of people do that, the cable company's phone offerings, skype, etc. I have no idea what patents they violated, but it would be a specific method or implementation...not the concept in gen
Well isn't their implementation SIP?! (Score:3, Interesting)
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How long has Vonage been operating? Is it not more than a little suspect that a) The 'patent' holders are just sitting on these patents and b) They waited this long to sue over them.
Without a doubt it's harassment and monopolistic practices, but practices which law in the US support.
The system is very very broken and needs to be fixed.
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It's not as easy to set up as it looks like on the box, even if you use trixbox.
What you're really banned from doing is making enough money from VoIP to draw the attention of a TelCo. You can do whatever you want as long as you aren't popular.
For example, did you hear about Ross Perot's murder rampage? I rest my case.
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There is NOTHING required that is worthy of a patent. NOTHING at all. This is all a totally obvious idea and relatively easy to implement. In fact it is so obvious that when I started working on the project I never even considered that patents would be available.
This appears to be the root of the problem, patents which should never have been grant
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Asterisk isn't technically a threat to the telcos. Yes, it can accept voip calls, but it's mostly a software version of a private branch exchange. Meaning, Pay the telco to terminate a couple lines into your office, then connect those lines to Asterisk, then connect a bunch of phones to asterisk.
I've brought the issue up before with my two favorite VOIP-related projects and on both of them no one cares. Where it kills innovation is
Interesting contradiction (Score:3, Insightful)
"We are disappointed that the jury did not recognize that our technology differs from that of Sprint's patents," chief legal officer Sharon O'Leary said in a statement.
"Vonage is working on a technology "workaround" to Sprint's patents similar to how it is addressing the Verizon patents."
Why would it be working on work-arounds for patents that it is not infringing?
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Because if they lost (and they did) they would have to change how they did it, even if they still believe that they are not infringing on any patents. Have you ever heard the term, hedge your bets?
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Re:Interesting contradiction (Score:4, Insightful)
Hurray (Score:5, Funny)
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Patents working as the corporations want (Score:4, Insightful)
We've got patents being issued on obvious / unpatentable ideas and they're being upheld by courts that appear to be working for the big corporations - maybe the judges are clueless or overworked, but decisions like this one don't make the legal system look good.
Jointly, the current giant telecom companies hold patents on everything up to and including transmitting a voice over a wire. Any inventor that comes up with a better or cheaper way to provide voice telephony service will receive the same treatment that Vonage did.
Who do you think you are??? (Score:5, Interesting)
said the decision 'feels like a death knell' for Vonage because future revenue will likely dry up, preventing the company from investing in better technology or improving customer service."
Sharon, you must think we're a bunch of chumps. We didn't get to be big phone companies by being nice, you know. Better service and lower prices? Did you really think we'd let you get away with that little stunt?
Why do you think we pushed patents in the first place? Monopolies have always been about better profits, and never about better customer service or value. Quite charming that someone out there actually believes in such antiquated notions, really.
I believe, Sharon, you are just beginning to understand how a phone company is supposed to work. Better customer service? Hah! We're here to make a profit, and while your little charade was entertaining, it's high time you got on with being serious about being a phone company.
I mean, honestly, when was the last time one of your customers was on hold for more than a half hour before finally giving up? And you call yourselves a phone company...
Better technology? Are you serious? Why, that costs money, you know. Did you really believe our lawyers would let you get away with that?
After all, just who do you think we are?
How times change... (Score:5, Insightful)
Funny how that works.
Which patents (Score:2)
Re:Which patents (Score:4, Informative)
A ZDNet analysis [zdnet.com] of the disputed Verizon patents 6,104,711 [uspto.gov], 6,282,574 [uspto.gov] and 6,359,880 [uspto.gov].
I haven't been able to find a list of the Sprint patents yet.
Re:Which patents (Score:4, Informative)
From the parent post pdf:
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Does anyone know what techniques and technologies Vonage used that Sprint and/or Verizon own patents on?
Here's an ars technica analysis [arstechnica.com] of the three disputed Verizon patents.
This blog [blogspot.com] references 2 Sprint patents 6,373,930 [uspto.gov] and 6,731,735 [uspto.gov] but I can't seem to find any references listing the patents in the Sprint lawsuit.
Vonage can handle this quite easily (Score:2)
Good thing we have Patents and Copyrights (Score:2)
Sad day for Americans (Score:3, Insightful)
Patents Working as Legal System Intends (Score:4, Funny)
Patents really exist to slow the pace of innovation down to the point where the legal system can deal with it. They are also intended to protect the large economic organizations from threats by smaller corporations that may not be able or care to carry the loads for the system that the larger entities do. (However inefficiently.)
That patents promote innovation is a propaganda line that has never been true. Patents were created as a mechanism to prevent the rapid spread of a technology that threatened a royal monopoly in the late 1600s. They have always been no more than a way to slow down or stop change in the economy.
Preventing other people from using new ideas is all patents allow anyway. To really use a patent, you have to have a large amount of money to spend on lawyers. The results are usually chaotic, with the normal result being that the side with the most money wins. Often by bankrupting the other side with legal bills. Private patent holders are even told this in court, with the judge agreeing. There are exceptions, mostly when the patent owner is a law firm (Patent Troll). Even then the systems works, as the Trolls increase the cost of doing anything in a new way to the point where only truly outstanding ideas are ever doable.
The problem here is that this crowd (Slashdotters generally) doesn't understand the real reasons for the system. They are falling for the propaganda reasons, which are obviously not working. If you understand the real reasons, the system is working just fine. Those very public reasons of 'promoting innovation' are only out there to dupe the masses, and allow for the usual corruption at the top to continue.
Next thing I know, you will be claiming that drug patents reduce the cost of drugs. I guess P.T. was right, there really is one born every minute.
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Why the bleep is parent modded "Funny"??? (Score:2)
I read nothing funny there, only starkly depressing truths. But seriously folks, anyone looking at the history of patents will see this all as ... well, "patently" obvious. Not funny at all.
Informed opinion or gut reaction? (Score:2, Interesting)
Non-local numbers (Score:2)
Customer service is not expensive (Score:2)
I never used the customer service until I wanted to get out of the program. The process for doing that was horrible. We ended up in a dispute over the last month's charge. They said I owed it because even though I didn't use the service, I hadn't canceled in time, I said I tried to cancel but they screwed up and I wasn't going to pay them a single penny more.
Eventually they backed down, but I would never recommend Vonage to anyone.
It cost them way more to fight with me than
Damn. And I was just getting to like my Vonage (Score:3, Interesting)
Heck, getting a naked DSL connection from the local telco provider in my region (Canada) means I also get hit with a $10 charge, (penalty) because I'm not also subscribing to their phone service. What kind of company bills you for NOT using their service? It's damned criminal, but there's precious little which can be done about it. I liked it waaaay back when Bell was a government controlled monopoly. When they pulled greedy tactics, the public was quick to slam them down. It was rare for me to ever see a phone bill over $25 a month back then.
Then the whole show was deregulated and competition opened up and everybody cheered because they were ignorant. (People! Oh lordy, but they can be sooooo dumb!) I was one of the only people yelling, "Don't you see? It's a trap!" --Before I finally switched to VOIP, $100 phone bills were not uncommon. And that didn't include ISP charges.
I love socialism. Competition is a great idea, but it doesn't work at the huge corporate level, because the big players are too few in number, they can cleverly jack up prices and nobody can sick the government on them to control their rampant greed.
If people were less easily fast-talked by corporate America, if our governing bodies actually served the people who pay for it, then this could be a really beautiful world.
The problem isn't just greed, it's ignorance.
Knowledge protects.
-FL
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Did you catch the part where I said, "if our governing bodies actually served the people who pay for it"? --Cuz, I like
running scared (Score:2)
Kansas City (Score:2)
Compulsory Licensing (Score:2)
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A quick check showed plans from AT&T, and MCI, were avaible.
Re:Thats too bad. (Score:5, Interesting)
A quick check showed plans from AT&T, and MCI, were avaible."
Sure they do, but at more than double the price I pay Vonage.
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it's a huge deal, your just slow.
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As you know, the Internet is transmitted using digital signals. These signals have a multitude of mediums they can use. Radio waves, electrical signals, light pulses, carrier pigeons, etc.
POTS trav