PDA

View Full Version : Pop-Under (Blur) consoles patented?

Mike AI
10-20-2003, 11:05 AM
POP-UNDER CREATORS WIN LEGAL ACTION AGAINST X10
Three California brothers who created the pop-under
advertisement have won a lawsuit against X10 technologies.
The suit claimed that X10 failed to pay commissions and that
the company stole their proprietary technology. A jury
awarded $4.3 million in compensatory damages with a punitive
damages ruling coming later this week.

http://www.latimes.com/technology/la-me-in...1,4889977.story (http://www.latimes.com/technology/la-me-internet20oct20,1,4889977.story)

They going after adult next?
FightThePatent
10-20-2003, 11:06 AM
Originally posted by Mike AI@Oct 20 2003, 07:13 AM
POP-UNDER CREATORS WIN LEGAL ACTION AGAINST X10

Did they mention the patent # ?

Too lazy to register to LA Times website...

:headwall:

Fight the Patent!
Mike AI
10-20-2003, 11:07 AM
http://www.bayarea.com/mld/mercurynews/new...cal/7058429.htm (http://www.bayarea.com/mld/mercurynews/news/local/7058429.htm)

Seattle company ordered to pay young Internet entrepreneurs $4.3 million
Associated Press

YORBA LINDA, Calif. - If the court ruling holds up, the Vanderhook brothers stand to become very wealthy Internet entrepreneurs.

But they wonder if they'll recover the innocence they say they lost when they were tossed into the rough-and-tumble world of big business.

Two weeks ago a Superior Court jury in Santa Ana ordered X-10 Wireless Technology to pay the brothers $4.3 million in compensatory damages. On Wednesday, jurors are to begin deliberating how much in punitive damages should be awarded.

The brothers - Tim, 22; Chris, 25; and Russell, 26 - sued X10, accusing the Seattle-based company of failing to pay them $564,000 in commissions and of stealing their proprietary technology and business model.

The brothers created Advertisement Banners.com out of their parents' Yorba Linda home four years ago. It uses a "pop-under" technology that allows advertisers to place their product pitches underneath computer Web sites so that a person sees the ads after they close their browser rather than being confronted by the more annoying "pop-up" announcements while they're looking at something else.

One of their first big clients was X10, whose security-camera ads soon began appearing all over the Internet.

The Vanderhooks' lawyers accused X10 of trying to bully their company out of existence.

"These were young guys who had a dream to start a successful company, but X10 looked at their youth and thought they could wipe them out," said attorney Michael Fitzgerald.

X10 attorney Sean P. O'Connor declined to comment or say whether the company planned to appeal.

"It would be inappropriate for either counsel to discuss this matter until the jury has completed its deliberations," he said.

As for the brothers, they said they decided to file suit not for the money, but because, as Tim Vanderhook put it, "a wrong needed to be righted."

As they pursued the case over the past two years the sons of a former Los Angeles policeman said they had to struggle to keep their company afloat. They employ seven other people.

"When we found out they weren't paying that bill, we were beyond distraught," recalled Chris Vanderhook.

"All of a sudden it stops being a game, when it's real money and real dollar figures and real employees depending on us for their jobs," said his brother Russell
Mike AI
10-20-2003, 11:09 AM
OK this was not a patent infringement claim, but rather a contractual claim.
Nickatilynx
10-20-2003, 11:12 AM
Yeah but was the blur claimed as the propritory technology?

If so this getting ridiculous!
Winetalk.com
10-20-2003, 11:13 AM
Originally posted by Mike AI@Oct 20 2003, 10:17 AM
OK this was not a patent infringement claim, but rather a contractual claim.
I thought Brian Shuster has a patent on this "technology"
;-)))
Carrie
10-20-2003, 11:16 AM
It's almost amusing to see X10 having to pay millions in damages for the assault they did to web surfers. I thoroughly believe that it was *their* barrage of pops that created such a hated for consoles. You couldn't surf anywhere without getting hit with at least two of those things per site - it took about a week and surfers were sick of them, two weeks and they were getting angry... when it continued on for months on end the surfers started actively looking for ways to avoid them.

Thing is, we're all paying for their greediness and idiocy. THANKS, X10!!!
Idiots.
Nickatilynx
10-20-2003, 11:21 AM
Carrie,

ahahahahahahahahahaha pop ups are wonderful things :)

I don't give a rats ass about a surfer , til he pays for a membership.
Trev
10-20-2003, 11:24 AM
Originally posted by Nickatilynx@Oct 20 2003, 04:29 PM
Carrie,

ahahahahahahahahahaha pop ups are wonderful things :)

I don't give a rats ass about a surfer , til he pays for a membership.
Nick

[invisible ink]
Don't tell me you've started caring for them after they've bought a mambership!?!?!? Please tell me it aint so
[/invisible ink]

Morning :D





Edit: I'm a moron with fat fingers and a slim keyboard



Last edited by Trev at Oct 20 2003, 04:33 PM
voodooman
10-20-2003, 11:25 AM
Originally posted by Nickatilynx@Oct 20 2003, 09:29 AM
Carrie,

ahahahahahahahahahaha pop ups are wonderful things :)

I don't give a rats ass about a surfer , til he pays for a membership.
So you do care about the surfer when he charges back?

Or you like the action after the fact as well?

:D
Nickatilynx
10-20-2003, 11:31 AM
So you do care about the surfer when he charges back?

Or you like the action after the fact as well?


huh? Don't really get that......but...

My chargebacks are real low , cause once the surfer pays...I love him :)

Morning Trev, :)

Its called customer service :)

Once he's paid.He's a customer.

We all have to adapt :)
voodooman
10-20-2003, 11:34 AM
Originally posted by Nickatilynx@Oct 20 2003, 09:39 AM
So you do care about the surfer when he charges back?

Or you like the action after the fact as well?


huh? Don't really get that......but...

My chargebacks are real low , cause once the surfer pays...I love him :)

Morning Trev, :)

Its called customer service :)

Once he's paid.He's a customer.

We all have to adapt :)
haha can you tell I had a long weekend?
To much yelling at the television I guess.

:)

Anyways, after reading what I wrote, I can
see how you was confused.

Feel free to disregard anything I said
in this thread previously.

:zoinks:
Nickatilynx
10-20-2003, 11:40 AM
No worries ,voodooman :)

I tried to work out what you meant and still ended up saying "huh?" :)
Trev
10-20-2003, 11:47 AM
Originally posted by Nickatilynx@Oct 20 2003, 04:39 PM
Its called customer service :)

Once he's paid.He's a customer.

We all have to adapt :)
NOOOOOOOOOOOO!!!!!!!!



lol :D
Nickatilynx
10-20-2003, 11:49 AM
I know , Trev. I know.

But once they pay you gotta be nice to those bandwidth sucking low life pervs.

Hate to do it.But you gotta. :(
Carrie
10-20-2003, 12:52 PM
Nick I've gotten used to consoles - even sit staring at some of them appreciatively these days.
The least X10 could've done when popping entire half-page ads on me (usually 3 or more windows at once) was to change the damn ad. Then I wouldn't have gotten sick of it so fast. :)
FightThePatent
10-20-2003, 09:33 PM
Originally posted by Serge_Oprano@Oct 20 2003, 07:21 AM

I thought Brian Shuster has a patent on this "technology"

Brian's patent (approved by USPTO) is on exit consoles...which you could think of as a pop under.. who knows, patent holders can imagine whatever they want their patent to mean, as evident by Acacia's interpretations.

http://www.ideaflood.com is the place to watch...

LOTS of patents filed and pending...

Wonder where the next Acacia-like attack will come from? You probably don't need to look too far.

Fight the Patent!