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Patent Troll Sues Netflix, Soundcloud, Vimeo And More For Allowing Offline Viewing

from the but-the-patent-system-encourage-innovation,-right? dept

Joe Mullin over at Ars Technica has the story of a patent troll, Blackbird Technologies, which was founded by (of course) two patent attorneys to buy up patents and shakedown companies with legal threats. Blackbird Technologies has now sued Netflix, Soundcloud, Vimeo and a variety of other companies over US Patent 7,174,362, issued in 2007 (filed for in 2000) on a "method and system for supplying products from pre-stored digital data in response to demands transmitted via computer network."

Specifically, the lawsuits are targeting various "download to consume offline" features on various content websites. Netflix, of course, just famously launched that long-requested feature, which is useful in cases where people have slow or no internet access (e.g., taking your laptop on an airplane without internet access). If anyone thinks that this kind of feature was developed because of this patent, they're being delusional. And that's especially true because the patent itself isn't even about downloading content from the network for offline viewing. Instead, it's actually about someone ordering some content over the internet, having that content automatically burned to a CD-ROM and having that CD-R shipped off to the person. As Mullin notes, the true irony here, is that the guy who got the patent in the first place, Sungil Lee, may have been inspired by Netflix, which already had a very popular business shipping DVD's ordered online to customers:

Context is important when looking at Lee's patent. It's extremely unlikely an inventor writing up the idea of a web-based system for creating and shipping CD-Rs, in the year 2000, was not acutely aware of Netflix—whose DVDs-in-the-mail business had begun blowing up. If there was any copying at all, it was Lee copying Netflix's idea. But in the upside-down world of patent trolls, it's Blackbird who gets to claim the mantle of defending innovation, while it accuses Netflix of being the copycat.

And the thing is, even the idea of having content written automatically to CD-Rs was hardly new in 2000. This patent never should have been granted. I remember back in 1998, when I was working for a company that did electronic distribution of software being pitched by multiple companies that were working on similar solutions, and even seeing a demonstration of one such company at COMDEX in the fall of 1998 (if I remember correctly, to demonstrate how it worked they burned me a copy of Internet Explorer 5) which had just been released. So this patent never should have been granted in the first place. On top of that, to sue companies for doing the obvious thing of offering downloads for offline viewing is a clear abuse of the patent system.

The lawsuits were filed in Delaware, which has become the "new East Texas" in recent years due to a series of patent troll friendly rulings. Every time we hear stories about how patent trolling is on the decline, we see stories like this, suggesting patent trolling is still a huge problem and still a huge cost on innovation, rather than a boon to innovation.


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  • identicon
    Thad, 10 Feb 2017 @ 4:42pm

    I'll just repost what I wrote in the comments of that Ars article:

    Fundamentally, computers do two things: they copy data and they perform calculations on it.

    That's what a von Neumann machine is: a processor and memory.

    Yes, it is possible to take data that is copied to volatile memory and instead copy it to persistent storage. That wasn't a revolutionary idea in the 1940's; it certainly wasn't one by 2000.

    reply to this | link to this | view in chronology ]

    • icon
      madasahatter (profile), 11 Feb 2017 @ 7:15am

      Re:

      Even worse, the basic idea and technology of making a copy has around for recordings for longer than that. Bing Crosby started to use recordings in the 40's to record his radio shows. The tapes being sent to the stations to be played when the show was to aired. So one could argue the only thing this 'patent' does was to a digital device instead of an analog one.

      reply to this | link to this | view in chronology ]

  • identicon
    Dave, 10 Feb 2017 @ 4:46pm

    I really really shouldn't be surprised, but how can you have a patent on the client / server model?

    reply to this | link to this | view in chronology ]

  • identicon
    Dan T., 10 Feb 2017 @ 5:26pm

    It's like shooting fish in a barrel to find prior art to this...

    * FTP sites, going back to the '70s
    * Dialup BBSs with file sections, going back to the '80s
    * CompuServe and other early online services
    * Online download stores: http://web.archive.org/web/19971221075544/http://softdisk.downloadstore.com/

    reply to this | link to this | view in chronology ]

    • icon
      That One Guy (profile), 10 Feb 2017 @ 5:43pm

      Re:

      The lawsuits were filed in Delaware, which has become the "new East Texas" in recent years due to a series of patent troll friendly rulings.

      If Delaware is anything like East Texas all the prior art in the world wouldn't make a difference, the only thing that matters is the Almighty Patent, Which Are Always Right And Proper, and if the companies being sued think the patent is bogus they are more than welcome to take it up with the patent office... after paying out the nose to the one suing them.

      reply to this | link to this | view in chronology ]

  • identicon
    stine, 11 Feb 2017 @ 11:10am

    Wow?

    I didn't realize that my TV had to have a printing device?

    It seems to me this is the RedBox-killer patent.

    reply to this | link to this | view in chronology ]

  • identicon
    Châu, 11 Feb 2017 @ 4:02pm

    VCR

    Like time shifting VCR from 1970s-1980s? Obvious idea!

    reply to this | link to this | view in chronology ]

  • icon
    Berenerd (profile), 11 Feb 2017 @ 5:14pm

    CCTV? Security Cameras have been in use before 2000 and the media has been used in trials and such. Heck DVD players had digital contents. I forsee this not even being popcorn worthy. The judge, assuming they know anything at all, should be able to see right through this

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Feb 2017 @ 4:37am

    If netflix is not fighting this...

    If Netflix is not fighting this and opts to 'settle' I'll cancel my subscription and go to torrents.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 13 Feb 2017 @ 4:41am

    If netflix is not fighting this...

    If Netflix is not fighting this and opts to 'settle' I'll cancel my subscription and go to torrents until the 'savings' have been canceled out by my lost subscription fees.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 13 Feb 2017 @ 12:00pm

      Re: If netflix is not fighting this...

      They should all band together, make a class action and shut the whole thing down permanently.

      reply to this | link to this | view in chronology ]

  • icon
    kwimberly (profile), 13 Feb 2017 @ 6:18am

    CDNow and Pizza Hut

    Haven't read the patent so I don't know how relevant this is, but in early 2000 Pizza Hut and CDNow had a deal where customers could pick songs to create a mix-CD from CDNow, and it would ship directly to your house. I might still have one somewhere. They shipped in cardboard sleeves.

    reply to this | link to this | view in chronology ]


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