WSJ: Blazers Owner Paul Allen Suing The Entire Internet Over Patents
The Wall Street Journal writes...
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"Patent litigation in general is on the rise and Mr. Allen's lawsuit comes amid high-profile successes of firms such as NTP Inc. and Acacia Research Corp., which enforce patents without making products. Courts have tried to rein in patent litigation with mixed results, and Congress has yet to act on legislation that would do the same."
"Named in Mr. Allen's suit, along with Apple and Google, are AOL Inc., eBay Inc., Facebook Inc., Netflix Inc., Office Depot Inc., OfficeMax Inc., Staples Inc., Yahoo Inc. and Google's YouTube subsidiary. Notably missing from the defendants' list are Microsoft, in which Mr. Allen remains a major investor, and Amazon.com Inc., which is based in Mr. Allen's hometown of Seattle. Mr. Postman declined to comment on the selection of defendants."
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Here's more from Wired.com.
Thanks to Norsktroll for posting.
-- Ben Golliver | benjamin.golliver@gmail.com | Twitter
over 1 year ago
Norsktroll
70 comments
1 recs |
Comments
Patent trolling is the lowest form of business enterprise
Another article on this: http://arstechnica.com/apple/news/2010/08/microsoft-cofounder-drops-patent-bomb-on-apple-google-facebook.ars
Disclaimer: everything I know about basketball I learned on Blazersedge.
by pualo on Aug 27, 2010 12:50 PM PDT reply actions 1 recs
Okay how about the lowest legal form
Disclaimer: everything I know about basketball I learned on Blazersedge.
yuck.
[insert witty nomenclature and/or out of context quote from someone that makes more money than I]
by HallelujahHoeDown on Aug 27, 2010 1:17 PM PDT reply actions
Man Norsk..
you are fast, I just got this as an “email bulletin”, went to BE, and you had already posted it. :-)
"Look at us. We're just like everyone else. We've bought into the same, ridiculous delusion." - Revolutionary Road
On the plus side....
If Allen wins, maybe he’ll go deeper into the luxury tax.
Disclaimer: everything I know about basketball I learned on Blazersedge.
That's the spirit
Good retort to the 99.9% of the internet world that is blowing up at Paul Allen’s douchebaggery today.
On days like today….I think, which alternative team could I follow with a clear conscious?
Of course, a deep run into the playoffs, and all is forgiven.
I said it on reddit, to a more sympathetic audience,
so I’ll say it here too. It’s an embarrassing day to be a Blazers fan.
this is a clear sign
that CP3 is going to be acquired by the Blazers
When reached 40 years of following Portland basketball you have, be as passionate of the Trail Blazers you will not!
by two4larue on Aug 27, 2010 1:58 PM PDT reply actions 2 recs
The good news is I own the patent on exclaimation marks!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Oh wait…… maybe I should double check that with my lawyer………… :-)
You know,
you’re joking about it, but, one of Paul Allen’s patents is on posting information along the side of a webpage. I’d bet his lawyers claim SBNation is in violation (though of course it isn’t profitable to troll small companies like it is to sue Google or Facebook).
A picture of Paul Allen and the words "patent troll" just feels right
"I'm at the thingamajig talking the yakety-yak" - Kenny Smith
Well, Ben edited the original title ;-)
"Listening to the media only increases your odds of failing at whatever you are doing" - Mark Cuban
This is the guy who
Rudy Fernandez is trying to initimidate…. By saying "I will not take your money to play basketball " “I will choose to sulk and eat top Ramen instead.” “See how I devastate your business!”
oh yeah,
that guy at the end of the bench that doesn’t play
i saw him try to take a charge on Wes in practice and Wes put him in the 3rd row.
what’s his name again?
"Better, not good, but better." - Herb Brooks
by DucRider on Aug 27, 2010 3:31 PM PDT up reply actions 1 recs
Call him "Trade Bait".
My kingdom for a spellchecker. Or Devin Harris. Hopefully both.
For all the crap we give Wil Wheaton, he can still tackle better than Asante Samuel...
Manning drops back to pass, Comedic.Sans and Wilfork come flying in and SACK him for a loss of twelve on 3rd and goal!
by OBrienSchofieldismyHero on Aug 27, 2010 8:15 PM PDT up reply actions
While he's at it...
I think PA should also sue the L*KERS, the Isiah Thomas-era Pistons, and the Jordon-era Bulls for all of the emotional damage they have inflicted on Blazerdom. He should also sue Lebron James and Pat Riley…just because.
Great idea!
Restraint of trade?
Unfair competitive practices?
Oh yea.. too bad it’s not your regular capitalistic enterprise… (oligopoly, if I remember correctly?)
i am a little confused
what will happen if PA wins?
Michael Jordan is the Nicolas Batum of America
"I was like, 'Wow, we get a run.'-Felix Hernandez
He will get royalty payments from some companies that don't want to go to court (or those that do and lose)
Even 1% from Google pays nicely for Batum, and Rudy, and Oden, and …
"Listening to the media only increases your odds of failing at whatever you are doing" - Mark Cuban
1% is a huge amount
compensation would be more like 1/2 of 1/2 of 1/2% (equaling millions)
Law of Logical Argument
Anything is possible if you don't know what you are talking about.
by blacknoiseNW on Aug 27, 2010 6:53 PM PDT up reply actions
Though I am a Blazer fan, I am no fan of this Mr. Allen fellow.
Give him a few years and he’s sure to end up looking like Montgomery Burns.
he doesnt have a right to defend his patents?
"It's not the dress that makes you look fat, its the fat that makes you look fat!" ~Al Bundy
"Did they really expect me to bow down to Jesus?!?" ~Sophia
"At first glance, I saw a fairly unremarkable penis." ~Sophia on Greg Oden
by Philthyanimal on Aug 27, 2010 5:30 PM PDT up reply actions
what things were they doing?
"It's not the dress that makes you look fat, its the fat that makes you look fat!" ~Al Bundy
"Did they really expect me to bow down to Jesus?!?" ~Sophia
"At first glance, I saw a fairly unremarkable penis." ~Sophia on Greg Oden
by Philthyanimal on Aug 28, 2010 10:22 PM PDT up reply actions
It would be really cool if this was a roundabout way of protesting software patent law.
Morgan Ensberg for Manager 2011!
AL Scout on Rendon: "I would peg him as a poor man's Jose Lopez."
As I guy who develops software...
I’m on the software guy’s side… But this is an immensely complicated field, with a lot of unsettled areas, no precedents, difficulty in applying historical patent law… I’m not at all surprised if Paul’s lawyers just convinced him that it was an easy way to make some money… (PR be damned)….
The problem with this is that even if an ex-employee directly gave Google their ideas, I’m not sure you could sue Google for it… the employee, perhaps…
This will be interesting as it plays out over the next decade in our awesomely prompt and efficient legal process…
You forgot to mention that this brave new field is filled with scheisters and daylight robbers
all going to battle on the field of dishonor for the chance to take what they haven’t earned. Does that include guys like PA our very own Trailblazers champion?
Software patents are a complete mess.
Morgan Ensberg for Manager 2011!
AL Scout on Rendon: "I would peg him as a poor man's Jose Lopez."
LETS GO PA!
"It's not the dress that makes you look fat, its the fat that makes you look fat!" ~Al Bundy
"Did they really expect me to bow down to Jesus?!?" ~Sophia
"At first glance, I saw a fairly unremarkable penis." ~Sophia on Greg Oden
If you can't beat 'em, sue 'em
Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. ~Aaron Levenstein
Booooooooooo
LAME….
Geriatric Dunk Squad!
1/4/10 - Juwan Howard dunks on Chris Kaman.
http://www.youtube.com/watch?v=HTkOqDgLb6s
3/7/10 - Andre Miller Tomahawk jams on the Denver Nuggets.
http://www.youtube.com/watch?v=R-JVgm7F1QA
4/12/10 - Marcus Camby drops 30 and 13 on OKC to cement 50 wins. http://www.nba.com/blazers/media/camby_chant_041310.mp3
by Eat Politicians on Aug 27, 2010 5:51 PM PDT reply actions
Hey Paul!
While your at it lets kick COMCAST"S ass!!!
Why would he go after the company that's putting millions into his pocket
He loves Comcast even more than he loves Blazersedge
I don't thing you can put all patent trials and lawsuits in the same catagory
If he really spent 100 million developing code that all those companies made billions off of, why should he not get a piece? I understand that there are a lot of people out there that don’t believe in copywrite or patents on information technologies, but don’t people deserve to have the things they create from being stolen?
Some people are down on anything a lawyer does, and yes they do some bad things. We need to fix a lot of things. But how about we go ahead an establish a business climate like Russia? Just buy the courts, steal whatever you want, and the guy that’s best at intimidation and murder wins and gets rich off the ideas of others?
I’m sure Paul Allen and others that are rich deserve what they have, they have worked harder, and smarter, than most of us. They also seem to be pretty damn altruistic compared to many wealthy people.
They didn’t spend hundreds of millions developing anything. They patented really basic, broad concepts and then didn’t use for any purpose but to sue big tech companies. There is a reason they’re called patent trolls. The software patent system in this country doesn’t work; you can patent software concepts without making a technological breakthrough. One of his patents is literally on displaying information on the side of a webpage. If you know ANYTHING about webdesign, you’d know how ridiculous it is; it’s something a 4 year could do (and many probably have).
Also, it’s pretty funny that you mention buying courts and intimidation. Big software companies frequently sue smaller ones out of business using trivial software patents. It’s not much different.
Anyone can patent something trivial and broad and commission it out to a lawyer to make bank down the line.
The article on Wired.com stated that PA is suing because Google and other companies have used what his company developed and even acknowldeged that company in their ongoing development of that software. It wasn’t simply a general idea someone wrote down on a napkin at Denny’s one night and then got a patent just in case someone tried to use it later.
"She turned me into a newt!
A newt?
...I got better."
You have absolutely no idea what you’re talking about. Reading a wired.com doesn’t replace actual knowledge of software engineering; this issue isn’t new. No one with even half a clue thinks Paul Allen’s company so broadly influenced web design. And no, these ideas weren’t cooked up at a Denny’s, they were cooked up in a lawyer’s office.
Furthermore, patent lawsuits are only viable when the plaintiff’s company has never produced any software products what-so-ever. This is because every large tech company has it’s own portfolio of overly broad patents which they can use to counter-sue any company that tries to sue them. This defense has a gap only against companies that have never produced any software, such as Allen’s. He’s a grade A scumbag.
i was just going by the article
“The four patents named in the suit were developed at Interval Research Corp., a Palo Alto, Calif., lab and technology incubator Mr. Allen financed with about $100 million during the Internet bubble, but which closed down about a decade ago.” So I guess that’s not true? You obviously know tons more about this than I do, but Is there ever a legitimate case were someone can sue someone else over patent infringement involving software? Or is that impossible?
Sure there are legitimate cases.
If someone steals your code, or if you have a specific method of performing an action that should be protected. But just because you can come up with an idea about a website doesn’t mean you deserve a patent. For instance, Google deserves the right to protect its code and the specific manner in which it performs searches, but it doesn’t deserve a patent on searching the internet in general. It’s like if someone invents a car. They can patent the specific ways to build that car, but they shouldn’t also be able to patent all four wheeled vehicles. There needs to be a limit on what constitutes an idea that is patentable.
As an example of the silliness that software patents cause, Amazon owned the patent on “one click shopping” for quite a few years, meaning any website that wanted to implement a program where you can shop with just one click had to pay royalties to amazon. They still own a similar patent, but now it’s been restricted to websites that use a “shopping cart” model, which is still ludicrous.
I must not fear. Fear is the mind-killer.—Dune
If someone steals your code
that is actually not patents, that is covered either by copyright or trade secret protection. copyrights are the ability to tell people what they can do with stuff that you create, where a patent gives you a monopoly over something so that you can license it to others for things that they create.
I was in a clothing store yesterday. The clerk said, “May I help you?” to which I replied, “Just browsing”. They’ve probably got me saying it on camera.
While driving home, I alerted my wife’s peripheral attention to an oncoming car. Seemed like a good idea at the time. Later that night, she alerted me to an item of interest on TV. Three strikes yer out? Nah, not here in Thailand. Come and get me, PA.
Now I’m suddenly feeling like giving Pritch just a little more benefit of the doubt. And I don’t feel like referring to the Blazers as “We” today. It’s ultimately not enough to have character guys just on the (basketball) court if ownership makes the 70s era Steinbrenner look good.
by thaisteve on Aug 27, 2010 7:22 PM PDT reply actions 1 recs
Eventually fans (on this site) here and around the NBA will grasp
the inherently corrupt and corrupting nature of a cartel and in particular our modern system of protected sports entertainment cartels. These owners only loyalty is to profit and power. I don’t care for egomaniac players like Lebron James but I care even less for Paul Allen. The farther away he stays from the team the better. New local ownership would be the better development but even that won’t prevent the owners from trying to tear down the league this year and next. It’s going to get ugly and that should give you a clue why a manager without any emotional connection to the team or it players was hired.
This behavior by PA is just like the threatening letter sent to Memphis trying to scare them off of Darius MIles. It’s pure PA. I better stop before they sue me.
You haters.
Suing people over intellectual property is the responsibilty of every American. Hang your heads.
Go Paul. Go Paul. It’s your birthday. It’s your birthday.
Rich Rolled
by Hipster Olympic Team! on Aug 27, 2010 10:03 PM PDT via mobile reply actions
I think that song is copyrighted
You best be paying up your royalties….
Geriatric Dunk Squad!
1/4/10 - Juwan Howard dunks on Chris Kaman.
http://www.youtube.com/watch?v=HTkOqDgLb6s
3/7/10 - Andre Miller Tomahawk jams on the Denver Nuggets.
http://www.youtube.com/watch?v=R-JVgm7F1QA
4/12/10 - Marcus Camby drops 30 and 13 on OKC to cement 50 wins. http://www.nba.com/blazers/media/camby_chant_041310.mp3
by Eat Politicians on Aug 27, 2010 10:59 PM PDT up reply actions
How does he have the energy?
If I was worth $13,500,000,000 or whatever, I’d be too busy drinking and partying like a rockstar to care about this kind of stuff.
That’s just me, though.
He needs 14 bil
and he won’t get it drinking and partying (well maybe he will but he has to keep his lawyers going)
Seems to me that if his company did develop these concepts
and produced even a rough model of how it should work, which was then taken and adapted or developed further by Google and all the rest of the listed defendents, then PA has every right to get compensation, especially if those businesses used those early versions in their products without compensating PA’s company.
People are jumping to conclusions and not reading the article as far as I can tell. Paul Allen actually started a company which came up with the concept and developed it to a point. Other companies co-opted the product, his company lost a competitive advantage from either unauthorized use or unpaid royalties and that is what he is suing for.
The class warfare crap is needless. Just because he’s rich doesn’t mean that he doesn’t have a right to protecting his property. Most of the negative comments I’ve seen on here and on wired.com are all based in the idea that rich people somehow shouldn’t have the right to stop leeches from sucking the life out of their investments. After all, they’re rich and I’m not. If my buddy refuses to pay me back for the lunch I bought him last week I’ll sulk and complain to my co-worker, but let the company owner lose millions and I couldn’t care less.
That’s an attitude that I would request you explain enthusiastically to your next potential employer. Please, as a small business owner, I really do want to hear how you couldn’t care less about business owner’s rights before I pay you one red cent in payroll. I’d definitely want to hear it before I gave you access to my safe or any significant responsibilities beyond cleaning my toilets and taking out the trash because in my estimation, people shouldn’t be trusted with jobs that don’t match their attitude towards others.
"She turned me into a newt!
A newt?
...I got better."
by Seijeff on Aug 28, 2010 12:16 AM PDT reply actions 2 recs
I'm a programmer
…and I don’t see any way you could develop some proprietary software for what this lawsuit is about. I could easily program a “related BlazersEdge posts” section without once referring to anything Paul Allen has ever done—unless he patented the SQL “LIKE” operator or something like that in which case every website with a search function is in trouble.
So it’s not really about protecting business owners’ rights (I’m a business owner and I agree that we have a right to protect our property) but more about the lunacy of the claims.
I too own and operate a small business
Imagine if I was sued for using a pot because so an so says I have abused his clever patent on the use of pots in my field. Now, he convinces a corrupt and fatted judge that the plant growing within the pot belong to him in addition to the royalty owed and of course the damages.
Big companies with staff attorneys do this kind of thing to ordinary people all the time. If there is class warfare as Seijeff suggests it should be obvious that it’s being conducted by the wealthy and the powerful against their rivals and against ordinary people. If it was class warfare we wouldn’t love Brandon Roy, would we, since he is too wealthy. But it’s not warfare, we just keep our eyes open for the scumbags and daylight robbers. They often look very presentable.
Bunch of clueless people around here
What is this all about? It’s all about the Blazers, of course.
A) Throwing a bone to the Vulcans so they will get off his case about spending so much on the Blazers.
B) Sending a message to KP that you can play the media all you want, but I don’t care about bad publicity, so have your fun.
C) Sending a message to Rudy that I play hard ball in business, and you signed a contract. If I am going to sue half the Internet for something from 10 years ago, you’d better face up to the fact that I’m going to nail you to the wall.
D) Sending a message to the Players Union that I’m a Bad, Bad Man, and you’d better not mess with me next summer. Oh, and by the way, don’t even think about trying to make me look bad in public opinion, because I don’t care.
E) Trying to get enough money to buy every first round draft pick from #22 through #30 for the next five years so we can throw them all in on a trade for CP3.
I’m sure there’s more, if you just think about it.
Odds are, in reality part of the comment above this signature is wrong, but since I know it is right, I'll defend it to the death. Contradict me at your peril. Never believe that having the facts on your side will make a bit of difference.
by jscot on Aug 28, 2010 1:20 AM PDT reply actions 1 recs
Does this mean PA is suing Al Gore?
I heard somewhere he invented the internet.
Somebody step up! - Mike Rice
Hey, you throw enough hooks in the water...
you’re bound to catch something! Great business move by Paul Allen. In such a litigious society such as ours – Allen’s move is logical.
Treat people well because Karma can hit you at any second.






















