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Klixxx Magazine Archive - Web Trends |
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Patenting the Net
by Kath Blackwell
Not making any money with your current venture? Why not patent something on the 'Net? Sure - everyone else is staking their claim on universally used marketing techniques, technology and programs - why not you?
The "new kid" on the block is Acacia Media Technologies Corporation - it is also a huge thorn in the backside of the Internet. This is the group that has put the adult content industry into fighting mode. Dozens of adult entertainment content providers were served notice that they were infringing on Acacia's copyright of its DMT Technology. It's been the buzz about the industry for months now. Oh, and by the way, DMT technology is Acacia's name for the method that provides access to, or transmits, digital audio and video content via the Internet. Basically - video and live feed technologies that have been used by both mainstream and adult companies for years, known as audio-on-demand, video-on-demand, and audio/video streaming. Hmmm - how many people use that technology and on how many sites?
On February 14th, Acacia announced that it entered into licensing agreements for its DMT technology with eight adult entertainment companies that provide access to or transmit digital video and audio content across the Internet. That means that eight Web sites caved in and paid - potentially setting the tone for future suits. As if right on queue, Acacia announced that there are litigation cases pending against 39 other adult entertainment companies. A group of adult industry leaders are working to fight Acacia - including Holio.net and Farrell Timlake of HomegrownContent.com. Unfortunately, this story is just a small part of the big picture that is now developing.
Yet another company, SBC Technologies, was recently awarded a patent on - get this: frames. Yes, you heard right - frames. That design style that we all love to hate. After all these years someone holds the patent on it and could come after you for infringement if you're using it on your site today. Maybe SBC will actually be helpful to webmasters and stop anyone from hijacking sites within their frames? All jokes aside - it seems impossible to patent something as broad and widely used as frames. How are they getting away with this?
Enter a blast from our past. As if it wasn't enough to have outsiders come in and shake up (or shake down) the industry - one of our own was awarded the patent on exit consoles (AKA in "legalese" TMU - Traffic Management Utility) back on May 14th, 2002. Like the proverbial penny that is always turning up, Brian Shuster is probably best remembered by veterans as the owner of the controversial if not infamous XPics Empire. He has since assigned that patent on exit consoles to Ideaflood, Inc. (www.ideaflood.com). Ideaflood, Inc. is a company that specializes in applying for broad patents on almost every aspect of the biz, from audio text advertising to geographical verification methods- and everything in between. Ideaflood is now looking for a high bidder to take over the patent - someone that has the time, financial backing and legal team to take on - well, basically - the entire Internet.
In an ironic twist, back in March 2001, Brian Shuster was the winner of the BountyQuest.com challenge posed to cast doubt on the validity of the notorious DoubleClick patent filing on the delivery, targeting and measuring of advertising over the Internet. Mr. Shuster won a $10,000 cash reward for giving proof that he had used a similar technology back in 1995, and early 1996, well before DoubleClick's October 1996 filing. Perhaps someone needs to put a bounty on Mr. Shuster's patent?
When will it end? Where will it stop? What's next - hyperlinks? Don't laugh - someone already tried to claim a patent on hyperlinks a few years back. In June of 2000, British Telecom announced that it would pursue its patent on hyperlinks - on a very broad patent, which was given to them in 1989, threatening to gouge many ISPs and Internet companies. In a news release from its press office, British Telecom was quoted as saying there was no secret behind its motives, "it just wants the money." Fortunately, in October 2002, a Federal judge ruled that BT's patent did not include hyperlinks and was unenforceable.
Will we be that lucky this time around? Many say we will. In the case of the exit console, webmasters are quick to point out that exit consoles are a browser function, and not a patentable technology. On the Oprano.com webmaster board, RawAlex is quoted as saying, "This is proof that the patent office is STUPID. Onexit and window.open are browser functions. The people who created THOSE functions for the browsers are the ones that should have a patent on the actual mechanics of the process... that being said, the patent can only be on a very specific traffic management scheme... Even then, it isn't new. Who used the exit consoles first?"
Good question - but apparently this is just the latest get-rich-quick craze to hit the 'Net. As e-commerce slows and the economy hits a wave of ups and downs, it's only natural that the vultures would come out and start to circle. I guess it's just a part of the evolutionary cycle - a twisted, technological Web-based form of natural selection. Let's just hope that someone puts a stop to these cannibals before there's nothing left for the free webmaster to use safely - and without paying costs - on his site.
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