Today, Google took to its Public Policy Blog to declare, “It’s time to take action against patent trolls and patent privateering.”

The company submitted comments with BlackBerry, EarthLink and Red Hat to the FTC and DoJ regarding what is deemed as “the growing harm caused by patent assertion entities”.

Google Senior Competition Counsel Matthew Bye writes:

Trolls use the patents they receive to sue with impunity—since they don’t make anything, they can’t be countersued. The transferring company hides behind the troll to shield itself from litigation, and sometimes even arranges to get a cut of the money extracted by troll lawsuits and licenses.

Privateering lets a company split its patent portfolio into smaller sub-portfolios “stacked” on each other, increasing the number of entities a firm must negotiate with and multiplying licensing costs. This behavior unfairly raises competitors’ costs, ultimately driving up prices for consumers.

It also undermines incentives for companies to work together towards “patent peace” through good-faith negotiation and cross-licensing. If cross-licensing is nuclear deterrence for patents, then privateering has the opposite effect, facilitating patent proliferation and aggression.

Google is encouraging other companies to work with them to develop cooperative licensing agreements, and is urging the FTC and DoJ to continue studying “abusive troll litigation”.

“We’ve begun by identifying 10 patents relating to MapReduce, a computing model for processing large data sets first developed at Google—open-source versions of which are now widely used,” says Senior Patent Counsel Duane Valz (pictured). “Over time, we intend to expand the set of Google’s patents covered by the pledge to other technologies.”

On the pledge site, Google maintains a list of pledged patents, which include: System and method for analyzing data records, Large-scale data processing in a distributed and parallel processing environment, System and method for efficient large-scale data processing, System and method for analyzing data records, Joining tables in a MapReduce procedure, Processing data in a MapReduce framework, System and method for analyzing data records (another one), System and method for large-scale data processing using an application-independent framework, Joining tables in a MapReduce procedure (another one), and Processing data in a MapReduce environment.

Google says it hopes the pledge will serve as a model for the industry. We’ll see.

As far as Google is concerned, the benefits of the pledge are: transparency, breadth, defensive protection and durability.

“Our pledge builds on past efforts by companies like IBM and Red Hat and the work of the Open Invention Network (of which Google is a member),” says Valz. “It also complements our efforts on cooperative licensing, where we’re working with like-minded companies to develop patent agreements that would cut down on lawsuits.”

Google notes that it will also continue to support patent reforms to improve patent quality and reduce “excessive” litigation.

U.S. Patent 8,401,009 just went through, with Jack Dorsey and Biz Stone listed as inventors. It’s a vague and overarching concept of a “device independent message distribution platform,” first filed in 2007.

Here’s the abstract (aptly titled, in the situation):

A system (and method) for device-independent point to multipoint communication is disclosed. The system is configured to receive a message addressed to one or more destination users, the message type being, for example, Short Message Service (SMS), Instant Messaging (IM), E-mail, web form input, or Application Program Interface (API) function call. The system also is configured to determine information about the destination users, the information comprising preferred devices and interfaces for receiving messages, the information further comprising message receiving preferences.

The system applies rules to the message based on destination user information to determine the message endpoints, the message endpoints being, for example, Short Message Service (SMS), Instant Messaging (IM), E-mail, web page output, or Application Program Interface (API) function call. The system translates the message based on the destination user information and message endpoints and transmits the message to each endpoint of the message.

The patent makes it clear that the service is for messages that don’t have specific recipients themselves – messages that are maintained by a system and broadcast to all users, or “followers.”

“Like many companies, we apply for patents on a bunch of our inventions. We also think a lot about how those patents may be used in the future, which is why we introduced the Innovator’s Patent Agreement to keep control of those patents in the hands of engineers and designers,” said Twitter in a statement, confirming the patent.

“Look Ma, I’m officially an inventor (my dream as a kid)!” said Biz Stone in a tweet.

[USPTO via The Verge]

Bill Slawski at SEO By The Sea points to the patent filing for “Social Discovery of User Activity for Media Content”. Here’s the abstract:

Apects of the present disclosure provide techniques that may enable user activity information to be automatically generated and shared with other users of a social network. In one example, a method of automatically publishing, to one or more social network services, information about user activities regarding media content items includes receiving user activity information regarding a media content item, wherein a user is a member of one or more social network services, and the user activity information is generated in response to one or more activities taken by the user with respect to the media content item.

The method may also include receiving an indication of one or more users of the one or more social network services to whom the user activity information is to be made accessible, and automatically publishing the user activity information to the one or more social network services.

So, it sounds like you would see a lot more activity from Google+ users showing up in a feed than just the standard stream of updates you see today. Again, we can only speculate, but the Facebook-style separate feed (separate from the News Feed, that is) style would make more sense than a total replacement. This could appear off to the side, or simply as another option from a drop-down for the main stream.

Facebook itself, of course, is rolling out some design changes of its own. Interestingly, these seem to essentially kill off the ticker, or at least de-emphasize it a great deal.

You can read the full patent here.

The patent, US20130030987 A1, doesn’t actually mention “Facebook” in particular – instead goes with less-specific terms like “social networking environment.” But it was definitely filed by CEO Mark Zuckerberg, along with Facebook ads product director Gokul Rajaram and former Facebook product management director Prashant Fuloria.

The patent abstract cuts to the chase:

In one embodiment, a system includes one or more computing systems that implement a social networking environment and are operable to provide paid profile personalization functions to users. In particular embodiments, the user may select one or more social networking objects to replace advertisements or other elements that are normally displayed to visitors of the user’s profile page that are otherwise controlled by the social networking system. In particular embodiments, the user may edit elements on their profile page that are otherwise automatically generated and controlled in design and content by the social networking system. In particular embodiments, the user is billed on a recurring basis for profile personalization.

Key words: Billed, replace ads, edit elements.

The ad replacement model would see them replaced with popular photos or videos or the user’s choosing. The profile customization could come in this form (straight from the application):

“For example, after receiving a large number of comments or “likes” on a particular status message, the user may receive a dialog box prompting the user with the text: ‘Would you like to personalize your profile with this status message for 10 credits a month?’”

Notice the mockup below, that features “favorite memories” and videos on the right-hand side instead of ads:

A patent application doesn’t connote intent. There’s no reason to think that some sort of profile subscription offering is on the way any time soon. The patent, which was just published on January 31st of this year, was actually filed way back in July of 2011. That’s why all of the mockups feature a profile that looks severely outdated.

Having said this, the patent is there and it is clear about what it could do.

Despite what plenty of hoaxes have told you, Facebook will continue to be free. You’ll never have to pay a subscription fee to access the core service, or pay a fee to keep information private. But charging for customized profiles, or to get rid of those pesky ads? That is most certainly a possibility. Would you do it?

[h/t GigaOm]

Do you like the direction Google is going in? Is it getting too up close and personal, or is it taking the necessary steps to make users’ lives easier? Share your thoughts in the comments.

Google Glass will not only be pushing content in front of your eyeballs. It will be capturing the very things you see. This became clear when Google co-founder Sergey Brin shared a feature he was testing, which automatically takes pictures every ten seconds “without any distraction or disruption”.

“Afterwards, I checked Instant Upload to see how the images had turned out and this one really caught my eye – I love the composition of the landscape mixed with sunlight and the beauty of the sky,” Brin said, sharing the below image. “I never would have captured this moment without Glass.”

So, it’s not too heard to imagine Google doing a lot more with this kind of technology, including video. A patent Google has been granted, may help the company take it significantly further than that though. Patent analyst Bill Slawski points to the patent, granted to Google last week, called “Method and Apparatus for Enabling a Searchable History of Real-World User Experiences”.

Here’s the abstract:

A method and apparatus for enabling a searchable history of real-world user experiences is described. The method may include capturing media data by a mobile computing device. The method may also include transmitting the captured media data to a server computer system, the server computer system to perform one or more recognition processes on the captured media data and add the captured media data to a history of real-world experiences of a user of the mobile computing device when the one or more recognition processes find a match. The method may also include transmitting a query of the user to the server computer system to initiate a search of the history or real-world experiences, and receiving results relevant to the query that include data indicative of the media data in the history of real-world experiences.

The patent makes specific mention of glasses.

“Imagine recording your life, so that you can search through it, and play it back later,” writes Slawski. “Things that you record through audio and video might be sent to your own personal search database where pictures you take might be processed. Images of faces may go through facial recognition software. Landmarks and objects might also be recognized as well.”

He suggests you’ll be able to write or speak queries like “What was the playlist of songs at the party last night?” or “Who were the people at the business lunch this afternoon?” or “What were the paintings I saw when I was on vacation in Paris?”

I would imagine that the possibilities are endless, as Google gets better at both recognizing faces and objects and at natural language.

It seems the functionality described in the patent could apply to recording, which users could switch on and off, as well as to recording that could begin automatically upon certain events, such as if you entered a certain location. Sounds like some Google Now-like features would be incorporated.

Google Now, by the way, is in its very early stages, and has already seen its fourth update, now adding more movie features, and the ability to bring up real estate info (based on location) as you enter properties on the market.

Slawski also points out that the patent indicates Google could take advantage of the technology for location-based recording (like where it’s set to turn on at specific locations, “such as upon entering Google’s headquarters”), and allows for an “always on” system, where “a wearer doesn’t have to initiate the capture of media”.

You can read the full patent here.

It’s important to note that just because Google has a patent for something, that does not mean we will see any or all of the features described. However, in this case, considering the direction Google is already taking with its products, much of this seems very likely.

And just wait until Google finds a way to make Google Glass more fashionable.

Do you want to see Google make your actual life more searchable or is this starting to go too far? Let us know what you think.

According to a report this morning from Business Insider, Google is “actively exploring the idea of making its own smart watch,” and is “looking at ways it might be able to market” it. The report cites “a source briefed on the plans”.

Google secured a patent last fall for such a device, but now, if this story holds water, the company may actually be working on such a device, as opposed to just holding the patent for patent’s sake. Here’s the abstract:

A smart-watch can include a wristband, a base, and a flip up portion. The base can be coupled to the wristband and include a housing, a processor, a wireless transceiver, and a tactile user interface. The wireless transceiver can be configured to connect to a wireless network. The tactile user interface can be configured to provide interaction between a user and the smart-watch. The flip up portion can be displaceable between an open position exposing the base and a closed position concealing the base. Further, the flip up portion can include: a top display exposed when the flip up portion is in the closed position, and an inside display opposite the top display. The inside display can be concealed when the flip up portion is in the closed position and be exposed when the flip up portion is in the open position.

It’s hard to imagine a watch taking the place of today’s smartphones and their nice big screens. You aren’t going to want to play Madden or watch YouTube videos on a watch, the way you do on your phone, unless we’re talking about a phone sized watch, which just seems ridiculous. Combined with a smart Glass, like Google Glass, however, there might be more reason to use it, depending on if that Glass is able to meet all of the user’s needs on its own. Then, of course there are people who will have no interest in wearing such a device on their face to begin with.

Devices like Glass and Smart Watches aren’t likely to gain the mass market appeal that smart phones have managed to get, in my opinion. That doesn’t mean devices like these won’t find their niches.

Apple has also been said to be “exploring development” of a smart watch.

TED, which has been introducing some very interesting playlists from its numerous talks lately, compiled a list of six videos about problems with patents in a recent blog post. We’ve looked at the one from Fark’s Drew Curtis before, but if this topic interests (or disturbs) you, you may want to check out the whole set.

Mark Cuban and Markus “Notch” Persson have each donated $250,000 dollars toward the EFF’s goal of reforming software patent laws. Cuban is the billionaire owner of the Dallas Mavericks and Notch is the outspoken creator of the popular video game Minecraft.

“The current state of patents and patent litigation in this country is shameful,” said Cuban. “Silly patent lawsuits force prices to go up while competition and innovation suffer. That’s bad for consumers and bad for business. It’s time to fix our broken system, and EFF can help. So that’s why part of my donation funds a new title for EFF Staff Attorney Julie Samuels: ‘The Mark Cuban Chair to Eliminate Stupid Patents’.”

Cuban has been outspoken in the past about his hatred of patent trolls and poor patent laws. Back in April 2012, Cuban ranted about the current state of technology patents while discussing a lawsuit between Facebook and Yahoo.

Notch pioneered a pricing model for Minecraft based on how finished the game was at the time of purchase. He also founded Mojang, a new Swedish indie-game developer that has taken in over $80 million since the release of Minecraft.

“Temporary fixes aren’t good enough – we need deep and meaningful reform to protect software development and keep it as free and democratic as possible,” said Notch. “New games and other technological tools come from improving on old things and making them better – an iterative process that the current patent environment could shut down entirely. This is a dangerous path we’re on, and I’m glad to help EFF move us in the right direction.”

The EFF’s Defend Innovation project proposes seven ways in which the U.S. patent system could be reformed for the better, including shorter terms for software patents; allowing winning parties in patent litigation to recover fees and costs; and protecting inventors who independently invent an already patented idea. The organization stated that the Cuban/Notch donations will go to the hiring of a new attorney experienced in patent reform and to the organization’s continuing efforts to push for patent reform through the courts, activism campaigns, and public education.

The EFF announced today that it has uncovered four patents that “seem overly broad and dangerous to the open source community.” They fear that the applicants could use these patents to create a monopoly on technology that “was known or was obvious before the patent was filed.”

To achieve their goals, the EFF is calling upon volunteers to look for documents published before the filing of the patents. These documents must prove prior art so that the patents in question will not be granted on the grounds that the techniques described in them already existed.

The EFF has already done much of the grunt work. Each of the four patents have links to some prior art that the group has already found. There’s always a need for more, however, as more evidence of prior art will help convince the patent office that the patents in question are illegitimate.

Here’s the four patents that the EFF is currently targeting with the links to each patent’s prior art documents:

Target 1: U.S. PATENT APP. NO. 12/976,111
PRINT HEAD ASSEMBLY FOR USE IN FUSED DEPOSITION MODELING SYSTEM

This application relates to inkjet-style removable print head cartridges used in Fused Deposition Modeling (FDM) printing.

Target 2: U.S. PATENT APP. NO. 12/976,204
PRINT HEAD FOR USE IN FUSED DEPOSITION MODELING SYSTEM

This application relates to a print head cartridge with a liquefier pump assembly for use in FDM printing.

Target 3: U.S. PATENT APP. NO. 12/687,996
METHOD FOR GENERATING AND BUILDING SUPPORT STRUCTURES WITH DEPOSITION-BASED DIGITAL MANUFACTURING SYSTEMS

This application relates to a method of building up support structures layer-by-layer for 3D-printed objects.

Target 4: U.S. PATENT APP. NO. 13/043,876
BUILD MATERIALS AND APPLICATIONS THEREOF

This blandly-titled application relates to 3D printing with a material that can be cured (particularly with UV light), and also claims every object that is printed with such a method.

If you happen to find any more cases of prior art for the above patents, you can send them over to the EFF at 3dprinting@eff.org.

It’s not guaranteed that these patents will be granted. Even if they are, the applicants may not use them to restrict 3D printing in any noticeable way. With that being said, we’re already seeing companies who own 3D printing patents suing startups that are creating cheaper 3D printers. The complaints may be legitimate, but some feel that established 3D printers are trying to squash competition before it becomes too big of a threat to their business.