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IBM Patents

IBM Takes Airbnb To Court Over Historic Patents (ft.com) 55

IBM is taking Airbnb to court over what it claims is the illegal use of four patents -- the latest in a string of suits against online companies involving historic and arguably broad innovations -- in a move that threatens to cast a shadow over the short-term rental company's road to a proposed IPO. From a report: The computing giant has accused Airbnb of "building its business" by using patents relating to functions such as "presenting advertising in an interactive service" and "improved navigation using bookmarks." "After almost six years of unsuccessful discussions with Airbnb to reach a fair and reasonable patent licence agreement, we had no alternative but to file legal action to protect our intellectual property rights," IBM said. "Airbnb has chosen to ignore our patents and use our technology without compensation."
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IBM Takes Airbnb To Court Over Historic Patents

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  • http://forums-archive.anarchy-... [anarchy-online.com] You mean an industry standard practice as of February 25, 2005?
  • by pele ( 151312 ) on Thursday March 12, 2020 @01:38PM (#59822530) Homepage

    Advertising? Bookmarks? What other novel ideas did IBM patent? Let's not forget BBC as they may wish to chime in on this one, too...

    • Fight! (Score:5, Insightful)

      by Comboman ( 895500 ) on Thursday March 12, 2020 @01:58PM (#59822628)
      Since Airbnb didn't settle when they had the chance, I suspect they plan to fight these patents in court. Shouldn't be necessary, but anything that invalidates some vague software/business patents is a good thing.
      • by rtb61 ( 674572 )

        Local governments are likely to be the next group to target AirBnB for supporting, backing and promoting the illegal conversion of residential properties into hotel accommodations. They will be able to do discovery and force AirBnB to hand over all data for that specific local government area and hit them with real charges, for actively seeking to thwart local government planning regulations and various accommodation laws. Early in the piece that kind of fishing expedition would no pay off but now they can

        • by vivian ( 156520 )

          Local governments are likely to be the next group to target AirBnB

          Already doing it. to list your house or unit for short term rental in Australia Gold Coast ( a city with a lot of tourism) you have to pay a non-refundable $8000 for an application fee for permission to do so - with no guarantee of success. if successful, your council rates double, but a single noise complaint from neighbors can also invalidate your permit. (I think this is harsh but there should be stiff fines for owners who allow noisy parties to happen in their houses)

          If you can rent a place for 6 month

    • Advertising? Bookmarks?

      IBM does not have patents on the general concepts of advertizing or bookmarking.

      Their patents are narrow and specific.

      Slashdot has a long history of posting articles about patents that depict them as WAY more general then they actually are, followed by ignorant outrage in the comments.

      Unless you have read the patents, especially the "claims" section, and have training and experience in patent law, then you don't know enough to comment.

      Disclaimer: I have not read the patents.

      • by sjames ( 1099 )

        Narrow and specific doesn't include non-obvious. There is nothing airbnb is doing with their website that is non-obvious.

        Consider, somewhere shortly after the invention of the dumpster someone was the first to drunkenly stand behind one to piss. Shall we hail their genius too? Shall we pay them a percentage of every fine for public urination (after a no-doubt protracted legal battle to establish the percentage of public urination offenses that occur behind a dumpster)?

        • Wow, this has to be one of the dumbest try-hard comments I've read on /. An invention is not a patent, a patent is an invention. Obviousness has standards, and you are clearly not one of ordinary skill in the art.
          • by sjames ( 1099 )

            You seem to be frothing and not making a lot of sense. Take a breath, slow down and use your words...

      • IBM does not have patents on the general concepts of advertizing or bookmarking. Their patents are narrow and specific. I have not read the patents.

        How would you know? You admit to not having read them.

        Unless you have read the patents, especially the "claims" section, and have training and experience in patent law, then you don't know enough to comment.

        Your hypocrisy is mildly amusing.

        --
        I don't need to have the numbers double because of one ship.

      • Twitter had to pay IBM $36m over 3 of their web patents.

      • No programmer in their right mind reads patents. There's zero upside - zero value - and it increases one's exposure to lawyer-mugging.

  • by Joe_Dragon ( 2206452 ) on Thursday March 12, 2020 @01:45PM (#59822572)

    Is this all that IBM does now days?

  • by xack ( 5304745 ) on Thursday March 12, 2020 @01:47PM (#59822576)
    How many are the same ideas over and over again but in slightly different contexts.
    • by Dunbal ( 464142 ) *
      Adding "with a computer" and "over a cell phone" to existing patents are astounding innovations! If it was so simple why didn't you think of it first huh huh? lol
  • Death cries (Score:4, Interesting)

    by pak9rabid ( 1011935 ) on Thursday March 12, 2020 @01:59PM (#59822630)
    IBM is starting the transition to a patent troll, and we all know what that typically signifies for a company.
  • Dear IBM... (Score:3, Insightful)

    by BAReFO0t ( 6240524 ) on Thursday March 12, 2020 @02:00PM (#59822638)

    Have you actually worked (and added value) for that "technology"? (Questionable, considering the vague broadness and extremely likely prior art.)

    Have you already been (more than) compensated for that work, considering a sane hourly rate for that type of work that does not make it usury? (Definitely yes.)

    Then fuck off, you criminal leeches!
    You ain't getting any protection money! YOU GET NOTHING! YOU LOSE! GOOD DAY!

  • Something special (Score:4, Interesting)

    by stabiesoft ( 733417 ) on Thursday March 12, 2020 @02:03PM (#59822654) Homepage
    There was a time when a company/individual would have been embarrassed to submit such trivial patents. But now you throw literally anything at the patent office and they stamp it approved. No shame anymore, just dollars.
  • by PastTense ( 150947 ) on Thursday March 12, 2020 @02:15PM (#59822740)

    "In several cases, including in this latest suit, IBM has cited US patent 7,072,849. First developed in 1988 as part of âoeProdigyâ, a service IBM described in court filings as a âoeforerunner to todayâ(TM)s internetâ, the patent covers innovations such as âoepresenting advertising concurrently with service applications at the user terminal configured as a reception systemâ."

    "Term of patent in the United States. In the United States, under current patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications)."
    https://en.wikipedia.org/wiki/... [wikipedia.org]

    Note Airbnb started in 2008:
    https://en.wikipedia.org/wiki/... [wikipedia.org]

    • by bws111 ( 1216812 )

      First, you ignore the fact that the patent - https://patents.google.com/pat... [google.com] - was actually filed Nov 26, 1993 (not 1988). Then, you ignore the fact that patents can be extended, and the 'anticipated expiration' of this one is July 4, 2023. But good job getting dopes to mod you interesting.

      • by michaelmalak ( 91262 ) <michael@michaelmalak.com> on Thursday March 12, 2020 @03:46PM (#59823194) Homepage

        GP is correct. Technology was invented in 1988 (the "priority date"). And because it was filed before the 1995 USPTO changeover to the international standard of 20 years after grant , it instead is under the old U.S. expiration of 17 years after file , which in this case is 17 years after the 2006 grant (which in turn is 18 years after the 1988 invention), bringing it out to 2023. If, instead of being filed in 1993, it was filed in 1995, it would have expired 20 years after 1995, or 2015.

        So what we have is IBM extending its monopoly on basic Internet technology out to 35 years, through a combination of waiting 5 years to file, dragging out the application out 13 years, and getting the application in just before the changeover to the international standard of 20 years after grant.

        IANAL

        • Most of the patents in question were filed and awarded under prior precedent that anything done on a general computer was patentable. But under the current Supreme court precedent many of these prior patents are invalid. AirBNB has likely decided this is the case and intends to challenge them under the new precedent to have them invalidated.

          The supreme court made it significantly easier and cheaper to make these challenges a few years ago.

        • I would say submarining filings and stretching out a patent over 25 years by the "old patent regime", by a large, well funded corp, then later the plaintiff, is prima facie evidence of patent trolling. I'm looking at you IBM as well as some of the pharmas with decades of coverage.
  • Patent Lawyers (Score:4, Insightful)

    by StormReaver ( 59959 ) on Thursday March 12, 2020 @02:18PM (#59822756)

    This is why, when Groklaw was still active, I warned everyone against thinking there were good guys in patent/copyright litigation. In SCO v. IBM, the latter just happened to be in the right, and the former just happened to be in the wrong. All of the lawyers involved were very capable at what they did, but NONE of them were the good guys.

    All patent and copyright litigation lawyers are the bad guys, even if they are representing people whose interests temporarily align with our own.

  • City of Heroes way back when introduced real-world advertising in the form of virtual billboards. It quickly disappeared.

    I assumed it was because of patent problems, patents that themselves violate the principle of simulating a real-world thing using no innovative techniques (applying a bitmap to an object.)

  • Software patents (Score:5, Informative)

    by Dutch Gun ( 899105 ) on Thursday March 12, 2020 @02:34PM (#59822850)

    Really, software patents just need to die already. I'm not one of those that rejects all practical necessity of patents or copyrights in general, but I just don't see any real value in software patents. Or more precisely, it seems like the downsides far outweigh any theoretical benefits.

    • Iâ(TM)m not sure they need to be completely eliminated but the barrier for all patents should non-intuitive. Basically, if 100 people in the room can come up with the same answer in less than a year then you shouldnâ(TM)t be able able to patent it.
      Also, if there was no actual work involved to create the work then you shouldnâ(TM)t be able to patent it.
      Patents should be given for something that took a lot of time and effort to create as the point of patents is to encourage people spending tim

    • by nagora ( 177841 )

      Why stop at software patents? Why is a government backed monopoly on an idea a good idea anywhere?

        1. Little guy invents X and starts a small business selling X.
        2. Big corporation copies X (let's call it X') and using massive marketing, better distribution, etc., sells X' all with no compensation to Little guy.
        3. Little guy can't compete against Big corporation.
        4. Little guy goes out of business.

        Moral: there's no incentive to invent anything as a Little guy.

  • Like Uber really needs to be reigned in. The are no controls over these things and there should be. Here in Austin, we tried to get some minor controls over Lyft and Uber. Background checks, basically. They simply packed up and moved out. Good riddance. But then they went and whined to the state legislature, which has a long and storied history of loathing the city it is located in. So Uber, at least, is back.
  • If you can't innovate, litigate. IBM has been on a downward slide for years. Watson turned out not to be the gazillion dollar revenue enhancer, they bought Red Hat to prop up the revenue and cash flow (CentOS anyone), IBM Cloud (name one large customer), and their crypto ventures have went no where.
  • Fuck whoever posted this paywall bullshit
  • Improved user experience using finger push-buttons and a mobile on-screen position indicator.

    Improved improvement: the indicator changes shape depending on context.

  • 7,072,849; 6,778,193; 6,778,1930. Interesting thing about efficient patent litigation, is hindsight lends to obviousness as a patent ages. These patents are set to expire in a few years. While the independent claims seem obvious now after 17 years, good luck finding a reference before 2001 to invalidate the claims. Just remember, these patents were from back in the days of HTML 4. Way before the current webapps we have now.

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