Google is Giving Away Certain Patents to 50 Startups In Their Latest Effort to Thwart Patent Trolls

"She Runs Neon Fraction of a Second", Image by Wonderlane

“She Runs Neon Fraction of a Second”, Image by Wonderlane

In the highly competitive world of creating, monetizing, defending and challenging tech-based intellectual property, “free” is neither a word often heard nor an offer frequently made.

However, Google has just begun a new program, for a limited time, to give away a certain types of patents they own to an initial group of 50 startups.  This is principally being done in an effort to resist time and resources devouring litigation with “patent trolls“, companies that purchase patents for no other purpose than to litigate infringement claims in their attempts to win monetary judgments. (We first visited this issue in an April 21, 2015 Subway Fold post entitled New Analytics Process Uses Patent Data to Predict Advancements in Specific Technologies.)

The details of this initiative were carried in a most interesting new article on TechCrunch.com posted on July 23, 2015 entitled Google Offers To Give Away Patents To Startups In Its Push Against Patent Trolls by Ingrid Lunden. I will summarize, annotate, and pose some free questions of my own.

In April 2015, Google successfully started a temporary program for companies to offer to sell them (Google) their patents. Then on July 23, 2015, they launched a reciprocal program to give away, at no cost, “non-organic” patents (that is, those purchased by Google from third parties), to startups.

The recipients of these giveaways are required to abide by two primary conditions:

  • They must join the LOT Network for two years.  This is a tech industry association of patent owners dedicated to reducing the volume of patent troll-driven litigation.
  • The patents can only be used defensively to “protect a company against another patent suit”. Thus, the patents cannot be used to bring a case “against another company” or else its ownership “reverts back to Google”.

Kurt Brasch, one of Google’s senior patent licensing managers who was interviewed for the TechCrunch story, expects other members of the LOT Network to start their own similar programs.

For any of the 50 startups to be eligible for Google’s program, another key requirement is that their 2014 revenues must fall between $500,000 and $20 million. Next, if eligibility is determined, within 30 days they will receive “a list of three to five families of patents”, from which they can make their selection. Still, Google “will retain a broad, nonexclusive license to all divested assets”, as these patents might still be important to the company.

For those startups that apply and are determined to be ineligible, Google will nonetheless provide them with access “to its own database of patents”. These are presumed to alas be categorized as “non-organic”. The unselected startups will be able to ask Google to consider “the potential purchase of any such assets”.

Back in April, when Google began their acquisitions of patents, they were approached by many operating companies and patent brokers. Both types of entities told Mr. Brasch about a “problem in the secondary market“. These businesses were looking for an alternative means to sell their patents to Google and Mr. Brasch was seeking a means to assist interested buyers and sellers.

Google eventually purchased 28% of the patents they were offered that the company felt could potentially be used in their own operations. As these patents were added to Google’s patent portfolio, a portion of them were categorized as “non-organic” and, as such, the company is now seeking to give them away.

Both sides of Google’s latest patent initiative demonstrate two important strategic points as the company is now:

  • Taking more action in enabling other tech firms to provide assistance against litigation brought by troll-driven lawsuits.
  • Presenting the company as a comprehensive “broker and portal” for patents matters.

Last week, as another part of this process, Google substantially upgraded the features on its Google Patents Search. This included the addition of search results from both Google Scholar and Google Prior Art Finder.  (For the full details and insights on the changes to these services see Google’s New, Simplified Patent Search Now Integrates Prior Art And Google Scholar, also by Ingrid Lunden, posted on TechCrunch.com on July 16, 2015.)

While both the purchasing and selling operations of Google’s effort to test new approaches to the dynamics of the patent marketplace appear to be limited, they might become more permanent later on depending on the  results achieved. Mr. Brasch also anticipates continuing development of this patent market going forward either from his company or a larger “group of organizations”.  Just as Google has moved into other commercial sector including, among others, “shopping, travel and media”, so too does he expect the appearance of more new and comparable marketplaces.

My own questions are as follows:

  • In addition to opposing patent troll litigation, what other policy, public relations, technical and economic benefits does Google get from their new testbed of marketplace services?
  • What other industries would benefit from Google’s new marketplace? What about pharmaceuticals and medical devices, materials science (see these four recent Subway Fold posts in this category),  and/or automotive and aerospace?
  • Should Google limit this project only to startups? Would they consider a more expansive multi-tiered approach to include different ranges of yearly revenue? If so, how might the selection of patents to be offered and other eligibility requirements be decided?
  • Might there be some instances where Google and perhaps other companies would consider giving away non-organic patents to the public domain and allowing further implementation and development of them to operate on an open source basis? (These 10 Subway Fold posts have variously touched upon open source projects and methods.)

The New York Times Introduces Virtual Reality Tech into Their Reporting Operations

"Mobile World Congress 2015", Image by Jobopa

“Mobile World Congress 2015”, Image by Jobopa

As incredibly vast as New York City is, it has always been a great place to walk around. Its multitude of wonderfully diverse neighborhoods, streets, buildings, parks, shops and endless array of other sites can always be more fully appreciated going on foot here and there in – – as we NYC natives like call it – – “The City”.

The April 26, 2015 edition of The New York Times Magazine was devoted to this tradition. The lead off piece by Steve Duenes was entitled How to Walk in New York.  This was followed by several other pieces and then reports on 15 walks around specific neighborhoods. (Clicking on the Magazine’s link above and then scrolling down to the second and third pages will produce links to nearly all of these articles.) I was thrilled by reading this because I am such an avid walker myself.

The very next day, on May 27, 2015, Wired.com carried a fascinating story about how one of the issues’ accompanying and rather astonishing supporting graphics was actually done in a report by Angela Watercutter entitled How the NY Times is Sparking the VR Journalism Revolution.  But even that’s not the half of it – – the NYTimes has made available for downloading a full virtual reality file of the full construction and deconstruction of the graphic. The Wired.com post contains the link as well as a truly mind-boggling high-speed YouTube video of the graphic’s rapid appearance and disappearance and a screen capture from the VR file itself. (Is “screen capture” really accurate to describe it or is something more like “VR  frame”?)  This could take news reporting into an entirely new dimension where viewers literally go inside of a story.

I will sum up, annotate and pose a few questions about this story. (For another other enthusiastic Subway Fold post about VR, last updated on March 26, 2015, please see Virtual Reality Movies Wow Audiences at 2015’s Sundance and SXSW Festivals.)

This all began on April 11, 2015 when a French artist named JR pieced together and then removed in less than 24 hours, a 150-foot photograph right across the street from the landmark Flatiron Building. This New York Times commissioned image was of “a 20-year-old Azerbaijani immigrant named Elmar Aliyev”. It was used on the cover of this special NYTimes Magazine edition. Upon its completion JR then photographed from a helicopter hovering above. (See the March 19, 2015 Subway Fold post entitled  Spectacular Views of New York, San Francisco and Las Vegas at Night from 7,500 Feet Up for another innovative project inject involving highly advanced photography of New York also taken from a helicopter.)

The NYTimes deployed VR technology from a company called VRSE.tools to transform this whole artistic experience into a fully immersive presentation entitled Walking New York. The paper introduced this new creation at a news conference on April 27th. To summarize the NYTimes Magazine’s editor-in-chief, Jake Silverstein, this project was chosen for a VR implementation because it would so dramatically enhance a viewer’s experience of it. Otherwise, pedestrians walking over the image across the sidewalk would not nearly get the full effect of it.

Viewing Walking New York in full VR mode will require an app from VRSE’s site (linked above), and a VR viewer such as, among others, Google Cardboard.

The boost to VR as an emerging medium by the NYTimes‘ engagement on this project is quite significant. Moreover, this demonstrates how it can now be implemented in journalism. Mr. Silverman, to paraphrase his points of view,  believes this demonstrates how it can be used to literally and virtually bring someone into a story. Furthermore, by doing so, the effect upon the VR viewer is likely to be an increased amount of empathy for certain individuals and circumstances who are the subjects of these more immersive reports.

There will more than likely be a long way to go before “VR filming rigs” can be sent out by news organizations to cover stories as they occur. The hardware is just now that widespread or mainstream yet. As well, the number of people who are trained and know how to use this equipment is still quite small and, even for those who do, preparing such a virtual presentation lags behind today’s pace of news reporting.

Another journalist venturing into VR work is Newsweek reporter Nonny de la Pena’s reconstruction of the shooting in the Trayvon Martin case. (See ‘Godmother of VR’ Sees Journalism as the Future of Virtual Reality by Edward Helmore, posted on The Guardian’s website on March 11, 2015, for in-depth coverage of her innovative efforts.)

Let’s assume that out on the not too distant horizon that VR journalism gains acceptance, its mobility and ease-of-use increases, and the rosters of VR-trained reporters and producers increases so that this field undergoes some genuine economies of scale. Then, as with many other life cycles of emergent technologies, the applications in this nascent field would only become limited by the imaginations by its professionals and their audiences. My questions are as follows:

  • What if the leading social media platforms such as Twitter, Facebook (which already purchased Oculus, the maker of VR headsets for $2B last year),  LinkedIn, Instagram (VR Instgramming, anyone?), and others integrate VR into their capabilities? For example, Twitter has recently added a live video feature called Periscope that its users have quickly and widely embraced. In fact, it is already being used for live news reporting as users turn their phones towards live events as they happen. Would they just as likely equally swarm to VR?
  • What if new startup social media platforms launch that are purely focused on experiencing news, commentary, and discussion in VR?
  • Will previously unanticipated ethical standards be needed and likewise dilemmas result as journalists move up the experience curve with VR?
  • How would the data and analytics firms that parse and interpret social media looking for news trends add VR newsfeeds into their operations and results? (See the Subway Fold posts on January 21, 2015 entitled The Transformation of News Distribution by Social Media Platforms in 2015 and on December 2, 2014 entitled Startup is Visualizing and Interpreting Massive Quantities of Daily Online News Content.)
  • Can and should VR be applied to breaking news, documentaries and news shows such as 60 Minutes? What could be the potential risks in doing so?
  • Can drone technology and VR news gathering be blended into a hybrid flying VR capture platform?

I am also looking forward to seeing what other applications, adaptations and markets for VR journalism will emerge that no one can possibly anticipate at this point.

Virtual Reality Movies Wow Audiences at 2015’s Sundance and SXSW Festivals

Image by mconnors

Image by mconnors

[This post was originally uploaded on December 12, 2014. It has been updated below with new information on December 19, 2014,  January 13, 2015 and March 27, 2015.]

December 12, 2014 Post:

At the 2015 Sundance Film Festival to be held in Park City Utah from January 22, 2015 through February 1, 2015, part of this major annual film event is a program called New Frontier. This year it will be presenting 13 virtual reality (VR) films and “experiences”. Advanced coverage of this event was reported in an article on Wired.com on December 4, 2014 entitled VR Films Are Going to Be All Over Sundance in 2015 by Angela Watercutter. After reading this exciting preview I wanted to immediately pack a bag and start walking there.

To sum up, annotate and comment upon some of the key points in this story, the platforms being used for these presentations will mostly be the Oculus, while Google Cardboard and Samsung’s Gear VR will also deployed. While the Oculus Rift headset has not yet released to the consumer public, developers currently do have had access to it. As a result, they were able to create and format these soon-to-be-premiered experimental works. This year’s offerings are a much deeper and wider lineup than the much more limited sampling of Ocolus-based experiments presented during the 2012 Sundance Festival.

(In a recent Subway Fold post on November 26, 2014 entitled Robots and Diamonds and Drones, Aha! Innovations on the Horizon for 2015, one of the startups briefly mentioned is called Jaunt which is described in the blog post as “… developing an entirely new platform and 360 degree camera to create fully immersive virtual reality movies to be viewed using the versatile new Oculus Rift headset.”)

Attendees at some other recent industry events have responded very favorably to Oculus demonstrations. They included a HBO’s presentation of a Game of Thrones experience at this year’s South by Southwest festival, a Jaeger-piloting simulation ¹ at the 2014 Comic-Con in San Diego , and at the 2014 Electronic Entertainment Expo (E3).

To read what some of the creators involved in Sundance’s VR movies have to say about their creations and some brief descriptions and 2-D graphics of this immersive fare, I very highly recommend clicking through and reading this report in its entirety. They include, among others, news and documentaries, bird flights, travel landscapes, rampaging Kaiju, and several social situations.

I wanna go!

My follow-up questions include:

  • Because VR movie production is entirely digital, can this experience be securely distributed online to other film festival and film schools to share with and, moreover, inspire new VR cinematic works by writers, directors, producers and actors?
  • Can the Hyve-3D virtual development platform covered in this August 28, 2014 Subway Fold Post entitled Hyve-3D: A New 3D Immersive and Collaborative Design System, be adapted and formatted for the cinema so that audiences can be fully immersed in virtual firms without the need for a VR headset?
  • If entertainment companies, movie producers, investors and other supporters line up behind the development and release of VR movies, will this be seen by the public as being more like 3-D movies where the novelty has quickly worn off ², or more like a fundamental shift in movie production, presentation and marketing? What if, using the Oculous Rift, users could experience movie trailers, if the entire film at any location? Would this be a market that might draw the attention of Netflix, Hulu, Amazon, Google and other online content distributors and producers?

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1.  In another Jaeger and Kaiju-related update, there is indeed good news as reported on June 27, 2014 on the HuffingtonPost.com by Jessica Goodman in a story entitled ‘Pacific Rim 2’ Confirmed For 2017 Release Date.

2.  See 2014 Box Office Will Be Hurt By Diminishing Popularity Of 3D Movies: Analyst by David Lieberman, posted on Deadline.com on February 3, 2014. For other new theater experience innovations, see also To Lure Young, Movie Theaters Shake, Smell and Spritz by Brooks Barnes in the November 29, 2014 edition  of The New York Times.

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December 19, 2014 Update:

The current release of the movie adaptation of the novel Wild by Cheryl Strayed (Knopf, 2011), has been further formatted into 3-minute supplemental virtual reality movie as reported in the December 15, 2014 edition of The New York Times by Michael Cieply in an article entitled Virtual Reality ‘Wild’ Trek. This short film is also scheduled to be presented at the 2015 Sundance festival. Using Oculus and Samsung VR technology, this is an immersive meeting with the lead character, played by actress Reese Witherspoon, while she is hiking in the wilderness. She is quoted as being very pleased with the final results of this VR production.

January 13, 2015 Update:

While VR’s greatest core ability is in placing viewers within a totally immersive digital  environments, this also presents a challenge in keeping them fully focused upon the main narrative.That is, something happening off to the left or right may draw their attention away and thus detract from the experience.

A startup called Visionary VR has developed a system to reconcile this challenge. It enables creators of VR entertainment to concentrate the viewer’s attention upon the action occurring in the stories and games. This was reported in a most interesting article posted on Recode.com on January 5, 2015 entitled In Virtual Reality Movies, You Are the Camera. That Can Be a Problem, but Here’s One Solution, by Eric Johnson. I believe this will keep your attention as a reader, even in the three dimensions in the real world, and recommend clicking through for all of the details. As well, there is a rather spectacular video presented by the founders of the company on the capabilities of their system.

To recap the key points, Visionary VR creates an invisible boundary around the main narrative that alerts the viewer that they are looking away into other “zones” within the environment. When this occurs, the narrative is suspended but viewers can venture into these interactive peripheral areas and further explore elements of the story. Just as easily, they can return their gaze back to the story which will then re-engage and move forward. Visionary VR has created platform and toolkit for VR authors and storytellers to generate and edit their work while within a virtual environment itself. When viewing the accompanying video, the interface reminded me of something out of Minority Report.

(Btw, it has just been announced that this movie is going to be turned into a TV pilot for Fox according to a story posted on Deadline.com entitled ‘Minority Report’ Gets Fox Pilot Order, by Nellie Andreeva on January 9, 2015. This post also contains a photo from the movie showing this then fictional and now real interface. How cool would it be to see this new pilot in full VR?!)

March 27, 2015 Update:

VR movie technology continues to gather momentum and accolades at 2015’s artistic festivals. Its latest display was held at last week’s (March 13 through 17, 2015) South By Southwest Festival (SXSW). The page for the VR panel and speakers is linked here. Coverage of the event was posted in a very informative and enthusiastic article on VentureBeat.com entitled The Future of Interactive Cinematic VR is Coming, and Fast by Daniel Terdiman, on March 18, 2015.

Those in attendance were truly wowed by what they saw, and, moreover, the potential of fully immersive experiences and storytelling. Please click-through to this story for the full details. I will briefly sum up some of the main points.

The article mostly highlights and highly praises the demo by Jaunt, a startup emerging as one of the innovators in VR movies, mentioned in the initial December 12, 2014 post above. Other VR companies also presented their demos at SXSW.

The Jaunt demo consisted of Paul McCartney playing Live and Let Die in concert. Here’s the link to Jaunt’s Content page containing the stream for this and eight other VR movies (including the Kaiju Fury! film also mentioned in the December 12th post above). In order to immerse yourself in ay of these you will need either an Oculus Rift headset or a Google Cardboard device.

VR movie technology is indeed presenting filmmakers with “opportunities that have not been possible before”. This is likewise so for a range of content creators including, among others sure to come, musicians, athletes, interviewers and documentary makers.

Another panelist, Jason Rubin, the head of worldwide studios for Oculus, spoke about the level of progress being made to make these narrative experiences more genuinely interactive with viewers. He believes this will lead to entirely new forms of cinematic experiences.

Arthur van Hoff, Jaunt’s founder and CTO, stated the possibility of VR films where users can follow one particular actor’s perspective and story within the production. (Visionary VR’s technology, described in the January 13, 2015 Update above, might also be helpful in this regard.)

While new “companies, technologies and investors” in this nascent field are expected, Jaunt believes its current two-year lead will give its technology and productions an advantage.