The ITC declares Google infringed on audio tech patents held by Sonos [pdf]
usitc.gov
usitc.gov
Method and apparatus for adjusting volume levels in a multi-zone system - https://patents.google.com/patent/US8588949B2/en
System and method for synchronizing operations among a plurality of independently clocked digital data processing devices - https://patents.google.com/patent/US9195258B2/en
Multi-channel pairing in a media system - https://patents.google.com/patent/US9219959B2/en
Playback device - https://patents.google.com/patent/US10209953B2/en
Playback device connection - https://patents.google.com/patent/US10439896B2/en
I'm a big fan of Sonos products but this ruling won't go through, right? Doesn't this effectively make Sonos the only legal manufacturer of wireless speaker systems? It's not like two speakers individually playing L and R channels is a novel concept... Plus it apparently bans imports on "Google Home smart speakers, Pixel phones and computers, and Google’s Chromecast streaming video device".
Imagine how much more productive mechanical engineers would have been if they had cheap 3D printers a decade sooner, and what the cumulative follow on effects would have been for the world. And then imagine what the economy would be like if everything moved that fast? It would change the nature of investment from less frequent massive investments to more frequent smaller investments as companies copied each other at will, but the rate of growth would be amazing! Think of how cheap we could make MRI machines and other medical imaging devices if this theory holds for that field.
Not to mention the extreme worldwide inequality perpetuated by intellectual property restrictions. How fast would the African continent develop if they were legally allowed to clone and copy the world's best manufacturing equipment and product designs.
Intellectual property is a disaster for humankind. So many people believe a fable about IP with no material basis in reality. We're told IP "encourages innovation" even when the actual material function of IP restrictions is to prohibit innovation around any patented idea.
It seems, judging by how people have been complaining that their Google Homes have been doing worse, that maybe the system is working as intended and Google ought to pay for patent licenses to the people who first took the risk to build these multispeaker systems and proved that it was a good idea.
It's possible that the solution isn't to scrap intellectual property entirely but update the numbers to reflect the more innovative and interconnected world of 2022 instead of the 1600s when it was officially conceived.
For every potential startup founder who will only work on their problem if they can get paid, there are IMO 100 people who will work on a problem because they care about solving it. I don't think we would lose much if those motivated only by profit had less incentive. And keep in mind they would still have first mover advantage. Plus huge companies often don't care about little corners of the market, and there is lots of room for companies to serve market needs the bigger companies are ignoring. But if another company wants to compete and they can actually do a better job? We are hurting society if we restrict their ability to do that.
[1] https://www.mmegi.bw/features/the-neoliberal-plague-aids-and...
Linux and the GNU project use copyright and they're doing well. Arguably better than the permissive BSDs for which copyright law might as well not exist. But even GNU/Linux falls far behind Windows and MacOS for regular desktop users.
Software is already the ultimate gift-able creation where you can make something for yourself and everyone else. It's cheap to make at home and it's free to distribute. Yet even here commercial products protected by IP are still far superior to things made by hobbyists just wanting to share with the world.
Medicines? Most biotechnologists I know are working at university research labs aiming to churn papers or they're working at a company that exists because of patent law. I don't know anyone researching new drugs in their spare time just to gift it to the world.
So I guess as a counterpoint, I know a hundred startup founders who made something looking to make a buck. I know zero people working on expensive technical problems purely because they care about solving it.
https://www.pnas.org/content/115/10/2329
The biotechnologists I know tell me "patent law is totally screwed up for biomed, but I guess because it works for traditional tech it's near impossible to remove". They're flabbergasted when I tell them tech says the inverse. Everywhere seems to have this idea that this other niche absolutely requires it.
The fact that your product will be on the market for years before competition arrives and you'll be a step ahead.
Instead, we're now stuck in a situation where jackboots for corporate lawyers break the neck of any startup innovator before they can even launch new products.
Totally untrue and this is one of the weird myths people have been taught, despite obvious evidence to the contrary. Very likely this website is running on Linux, an OS created in part by corporate contributors but also in a huge way created by people who work while explicitly enabling free copies of their work. And of course with my 3D printer example, thousands of hackers from all over the world contributed to design improvements because they wanted to, sharing their work for free as open source. And then there's Bunnie Huang's wonderful story on the ground from a highly productive space with rampant copying:
https://www.bunniestudios.com/blog/?p=284
If you believe "there is no incentive" then none of the above would be true, but since it is true I would invite you to think critically about your starting assumptions.
But take the 3D printer example. Development by my subjective take seemed way more effective without patents. So why have them at all? More people did more work on them after the patents expired. Why have any period of limited growth if there will simply be more growth without the restrictions?
Well, I haven't proven completely that this concept is universally true, but I worry that "playing it safe" and just fighting to keep shorter restrictions is like loosening the rope around your neck when you really should remove it.
And your paper suggests they have a really nice formula ("99% confidence interval") for calculating the optimal term. But how would you calculate the optimal term for patents on AIDS medications during the height of the AIDS pandemic in Africa in the 1990's.[1] How much is each life worth? I question anyone who thinks their formula can calculate optimality on figures alone.
[1] https://www.mmegi.bw/features/the-neoliberal-plague-aids-and...
EDIT: I should underscore that there are a lot of natural reasons why someone would be in a position to invest in a particular innovation. We say we love free markets because natural incentives work best. No constraints but the laws of physics. IP restrictions are very unnatural.
With patents the deal is as follows: Tell us how you made it and we will make sure that noone else copies it for a while. This system allows for knowledge to be shared between competing entities. One of the requirements for a patent is literally "The descriptions must be sufficient to enable any person skilled in the art to which it pertains to make and use the same".
For medication, the reason why it can even go off-patent is because the patent exists in the first place. Without the patent, there would be no public information about how to make the medication.
I'm not saying that this is the case for all inventions. But I do think that patents have their place. The current form might however need revisiting.
And for medication we see companies abusing the patent system, reformulating drugs and re-patenting them. Though there’s something rotten about the other parts of the system that make this worthwhile.
If at the start of the computing industry it would have been possible to obtain the kind of software patents that are awarded now, nobody would have ever been able to write any programs without infringing patents, including those who now claim the right of forbidding to others to rediscover the same trivial methods for which they happened to file patent applications before others, mainly because nobody before them thought that such things are worthy of a patent.
If to their predecessors would have been granted the same kinds of software patents as today, none of those wanting to obtain software patents now could have been working in the computing industry, as it would have been much smaller.
Even the smallest physical design or computer program embodies numerous ideas that fortunately were discovered in a time when for anyone who discovered something new, the priority was to make it known to the public, without expecting many rewards besides the recognition of priority in advancement of science and technology.
Is this why I can’t change the volume on a Google Home speaker group anymore?
It's unclear how often Googhomes receive updates, but at the beginning in 2019 my 9 Mini's worked great! But now for multiple speakers they are laggy and unreliable, sometimes just ending up in a neverending ding loop.
Unfortunate to buy a product such as this and have functionality and experience quality steadily decline thereafter.
Initially I was a huge fan and in love with the product.
Perhaps I should've known better, since Big-G isn't exactly known for long-term support of anything unless it still makes them torrents of money.
Sonos are in a similar boat, buy an older controller and the app will constantly nag you to upgrade, but not allow you to upgrade because the controller is "too old and no longer compatible".
I can't point to a single thing that these devices do better than they did two years ago, but I can list several features that were important to me that are now either broken or missing.
Honestly, my feeling is that using Google Home is asking for trouble and frustration. It already barely works, but it's not hard to imagine some future where the company that built your front door lock is ordered to stop providing service by some court that finds it in violation of a patent.
Prior to this ITC ruling, Google had already received an injunction in Germany.
“What patents are holding you back?”
“What would you build right now if there were no restrictions from copyright/patents?”
There are some very surprising (caveat: not to most of HN) patents that are holding us back.
This one in particular seems way too broad. So... they have a patent on the concept of deducting latency from a message to synchronize clocks? (and then sending data with a timestamp for when it will play?)
Bear in mind this case is more than just Google using some common patents: Google worked with Sonos on a collaborative project as a way to gain access to internal details of how their technology worked, and then they stole it.
There is an interesting counterintuitive game that is played where the defendant tries to get MORE of their products included in the exclusion order to make an appeal easier.
Sonos could have requested a general exclusion order which would bar ANY infringing product from entering the US, but they only requested a limited exclusion order against Google Home products.
Let the lobbying games begin... I am fairly confident that Biden will not overturn the ITC decision but you never know.
Google also counter sued Sonos over Google's patents in multiple jurisdictions and Sonos has made it clear to investors that this is all a fight for a settlement.
Now this was an entirely hardwired system, and there was no remote. I don't know what sonos's patents are for, but the idea was in place and the difference is do it by wireless computer.
I'm opposed to software patents in general so I also think this should not be patentable, but it's hard to deny that there's a ton of engineering effort required to implement such a system and its not just a matter of adding a few lines of code to an existing audio application.
I wonder what Bose does, they have their own multiroom system. Do they license the patents from Sonos?
IIRC Some other companies made agreements with Sonos to avoid suites (incl apple i blieve?), but sonos has claimed that google was bullying them over a number of things, including the claim that GAssistant only supports one assistant/wake word at a time, per contract, but alexa does not have this limitation. But thats apparently why the android app is worse, they don't support casting, and they're focusing on the apple/alexa ecosystem (airplay, etc).
It's not a matter of "if" anyone is infringing on their IP. It's a matter of "who can they reasonably win a ruling against".
Adjusting Spotify cast on the Google Home used to be so easy...
https://www.androidpolice.com/google-had-to-remove-cast-volu...
Are you f'ing kidding me? This has been driving me nuts, I assumed it was just another stupid Android bug that would eventually be silently patched. It's so annoying how functionality like this can be removed without a peep, at least inform me if you're going to do this.
(It's not just Pixel phones, same problem with my Samsung A51 and I just got a brand new Motorola phone with the same problem).
https://www.realmicentral.com/2022/01/06/january-2022-pixel-...
https://www.googlenestcommunity.com/t5/Blog/Upcoming-Speaker...
It sounds like an absolute nightmare for users, and if I was affected I would be demanding a refund for every affected device, as they clearly are no longer functioning as expected at the time of purchase.
My second thought is that this radically enhances the need for good IoT standards. Right now many devices are built to grant Google & Google alone the capability to control & orchestrate. Our devices are all vulnerable to legal attach because Google is the sole arbiter of control over our systems, and no one else has much of a say in how these devices run or operate; their capabilities are not up for general use.
By making devices which are more API centric, by having them expose what capabilities they have, in a networked fashion, not solely controlled by Google, there would be the possibility for other folks to step in & try to navigate & make offerings here. The risk to product owners would be diffused, there would be more resilience in what would be possible with devices, rather than this being such a 1 vs 1 battle. Things like group volume control seem like ideal candidates for tech that even a bone-headed laymen could implement in a couple lines of code, if specifications like the upcoming Matter IoT specifications were available & in use.
Some of the capabilities covered by these patents may need to be baked somewhat closer to the firmware. But for many of them, it feels like the rigid, fixed, top-down control system we've relied on is an epic legal vulnerability, one Sonos is driving a mac truck through. Letting our devices be scriptable and controllable would be safer, healthier, & help shirk off such flamboyant legal assaults. Devices should be general purpose, scriptable, because anything else is unsafe & unfit for users.
We have no insight into what a licensing agreement would have looked like to judge
We also have no idea if google just opted to not pay
I cant hop on the “hostage industry” train without that detail
Spotify is under no obligation to offer Fair Reasonable and Non-discrimatory license agreements. To say that license agreements are routine ignores the other half the time that agreements dont work out easily. A patent holder can hold the entire world back at their pleasure. In this case, over a couple line shell scripts we could teach middleschoolers in Hour of Code day.
I have little sympathy for what feels like ambiguous legal murk you've layered over my concern. These particulars seem uninteresting amid what seems like yet another nimwitted IP fuck up that idoot grade patents were handed out to bloodthirsty IP robber barons. Once again consumers are in the crosshair. And this time we cannot seek alternate remedy, our devices are all beholden & bound up, controlled by solitary companies, vulnerable to legal assault. This is an unhealthy technical ecosystem, & it's unhealth has made it subject to wide forms of cruel & vicious legal attack on endless fronts, from an incompetent legal system.
I would be open to an attempt at uniform licensing agreements, or some kind of regulatory approval on the licensing arrangements with comparative licenses considered.
In the US congress can set standards of weights and measures, it isn't hard to see how other things could be mandated based on that constitutional text.
Edit: Surprised I'm getting downvoted for this. All the patents listed are things multi-zone and room correcting systems already do. Look at technology built by Dirac or Audyssey for latency-correcting multiple clock domains; they already do it. Audyssey, Dirac, and Sonos all started around the same time, around 20 years ago, and all base their technology on the companies and engineers who came before them, and Audyssey and Dirac have solutions that are lightyears ahead of Sonos.
How does Sonos have valid patents here when its identical to what two better companies have done at the same time, or worse, what companies before them have already done? Something does not sound right here.
ITC can only look at imports and damages - aka lack of profit split - where they were due
And they found they were due, given the existence of the patent valid during the time in question
Feel free to correct me I’m wrong about the ITC
I actually don't know for certain and I was in Google Patent Litigation (as tech advisor). I never had a case before the ITC so I can't say 100%, but AFAIK only the PTO or a regular Federal court can declare a patent invalid.
But maybe they can say "well, this will probably be declared invalid, so we're going to stay the order." Like a German court can do. So please tell us one way or the other.
"Infringement, validity, and/or enforceability" constrained to section 337, per the above legal analysis.
IANAL
OK, we're splitting hairs, but an ITC determination that your patent is invalid doesn't render it useless in other contexts.
I would be surprised if that already existed in the 90s? I'd actually already be surprised if network-connected speakers were around back then, let alone all the mesh networking stuff.
I can't quickly find anything about Sonos suing Apple, and in fact Apple was selling Sonos speakers in their stores in 2020 [1]. What is the deal?
[1] https://www.imore.com/apple-begins-sell-sonos-speaker-compan...
Or, empowered by a win against Google, they file suit against Apple tomorrow. No reason to be in two high cost lawsuits at the same time.
This sounds unusually stupid, even for Goggle - because they could've just poached a few engineers and it would be less risky than public, high-profile corporate espionage.
"In February of 2008, Google founders Sergey Brin and Larry Page visited Space Data’s headquarters with as many as 10 other Google executives in tow"
https://www.wired.com/story/the-lawsuit-that-could-pop-alpha...
https://9to5google.com/2017/07/10/project-loon-patents/
https://www.law.com/therecorder/2019/07/29/google-settles-ip...
I don't know how to solve this problem, but it does seem like it is a problem worth solving.
I think I'd be much happier with software patents if they were required to come with working code. Companies would likely be less willing to file their patents if they essentially were required to source available the code.
In practice here, Google is getting a patent infringement judgment, but it almost certainly included some trade secret theft, since the details of the patent aren't enough to reproduce the technology. We have an outcome that is reasonable, but I think based on some legal concepts that could use an update.
The legal standard, believe it or not, is that you don't even need a detailed flowchart, let alone source code. The actual code is something anyone skilled in the art can do, sorta like a lab tech determining the exact temperature and pressure to use to manufacture your chemical compound.
I was in some informal discussion in Google Legal, and someone stated unequivocally, "source code will never be required in patent descriptions."
You have to ask "Why TF not?" I think the answer, at least the non-quiet part () is "the PTO is not equipped to judge your source code's adequacy. Any skilled coder can write the code."
( cynicism alert) the quiet part is "that would put us all out of business."
It's totally reasonable to require that a patentee checks his source code and build files into GitHub or some other repository. Probably the PTO should contract with someone to build a repository and they will operate it.
The lawyers and politicians and PTO will never do this on their own. Software engineers will have to organize and force it through. A lengthy flame on HN will not accomplish that.
Seems like they'd want to follow up with an Amazon suit if this one is successful.
Source: https://www.theverge.com/2020/1/8/21056851/amazon-dave-limp-...
Apple has made AirPlay more open than Google has. Google Cast regularly takes 30 seconds to start streaming YouTube Music, where as AirPlay starts within 3 seconds. At least with AirPlay I can use shairplay to emulate a speaker.
Therefore I bought Sonos speakers over Google Cast speakers for use from my Android phone.
Yes, i was just making a joke about how google kills things.
> That’s what Facebook and many other big companies would do.
I feel like this is pretty common across industries, idk why FB gets called out?
> I don’t know if Google has done in the past but it wouldn’t surprise me.
I can't remember anything they bought after losing a suit, but they did this with Moto, and i think also Kodak.
https://arstechnica.com/gadgets/2011/08/google-to-buy-motoro...
If you can, let me know where I can sign up for free Sonos products for astroturfing too.
The volume knob on your stereo from 1960 controls both the left and right speaker volume, at the same time. Woah.
And then the world changed. A lot.
It is easy to forget that because we live in a time where this has ceased to be a problem. There is no lack of invention and creativity. Those who invent things have trivial access to communicating their idea to a global audience. Inventing something and then not communicating it one way or another isn't that common anymore. And if you make something and try to keep the secret sauce secret, there has never been a time where we collectively have been better at rapidly reverse engineering or re-inventing.
I think patents provide no value to society. And I've spent a lot of time thinking about this for a handful of areas. Including software and pharmaceuticals. It started with me thinking patents were a good idea - and then someone asked me questions that didn't have easy answers that could easily shown to be unambiguously true.
I've spent time discussing with people who were involved in designing new, patented drugs, and when you bore right down into it the argument tends to boil down to "patents are important because much of how the industry works is tied to how patents work".
You end up in circular arguments.
Yes, the economy of drugs would change if there were no patents. For the most part, that would be highly desirable. Not least because it would tie up a lot less money in work that produces few to no benefits for public health. Like developing new patentable versions of high volume drugs without actually making any progress in a medical sense. And it would be nice if we could reallocate resources to invest more in developing the kinds of drugs that are highly unattractive today, but are critically important. Like antibiotics. Or drugs that affect predominantly poor people in developing economies.
Sure, it provides value to those who have patents AND, much more importantly, the funds required to defend them. Patents protect incumbents - not the underdog challenger. Let's at least be mature enough to admit that. And if you are not a well funded corporation and you think your patents protect you from well funded parties who want to use your IPR, you are, at best mistaken.
I doubt the patent system has societal value. But I also doubt that this is something we can get rid of. Because monied incumbents are the only ones who stand to lose. And they own the politicians.
And if it was an innovation at some point in time, I insist it was the year stereo was invented and the concept was just as invalid as a patent as it is today. Of course you expect the volume of your Left and Right channel to be controlled by the same volume knob.
This patent is like a car manufacturer patenting the idea of controlling all your direction with a single steering wheel, and all the other manufacturers are forced to implement individual steering wheels for each tire. It's just absurd.
What are you on? Should everything be equally competed in society, even after invention?
Today steering seems obvious, but only because a lot of inventors tried a lot of things some of which were bad ideas.