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February 2008

February 25, 2008

Patent Troll Tracker revealed to be a Cisco IP lawyer

Picture_8 The long-mysterious Troll Tracker revealed himself over the weekend, as Rick Frenkel, an IP executive at Cisco Systems and former litigator at Irell & Manella.

In his Saturday post, Frenkel said he was going public after someone threatened to reveal his identity.

More coverage: best story is from my newsroom colleague at the Recorder; the Wall Street Journal followed us here; both Frenkel's admission and Patently-O have comments aplenty.

Frenkel assumed it was someone out to collect Ray Niro’s bounty on him, originally reported in IPLB and later knocked up to $15,000, but Niro tells us the bounty remains uncollected.

Today Frenkel had no comment beyond his post. Cisco says nobody at the company knew about his double identity beyond Mallun Yen, Frenkel’s boss and the company’s VP of Intellectual Property. She was profiled by ALM in 2005.

Ciscologo Cisco, of course, is a big player in the Coalition for Patent Fairness; general counsel Mark Chandler continues to be front and center in the push for patent reform. Almost a year before he started his blog, Frenkel shared some of his thoughts on patent and patent trolls at a technology forum.

The patent-holding companies that Frenkel has been denouncing will no doubt cry foul, pointing out that the writer who declared he was “Just a lawyer, interested in patent cases, but not in publicity” was disingenuous, at least.

Frenkel’s revelation raises more interesting questions (for one, this journalist-turned-blogger doesn’t know how one person can write so much on top of a full time job). I enjoyed both communicating with the tracker's enemies and the mystery of the blog itself; with the mystery solved, the IP beat will be a little less fun.

February 04, 2008

Scott Harris v. Fish & Richardson: a recap

Over the weekend, I made a timeline of the Scott Harris – Fish & Richardson dispute as I reported it over the course of last year. Scott Harris, Daily Journal readers will recall, was a top-billing Fish lawyer who was given the boot after his recently sold patents were asserted in lawsuits against firm clients, including Google.

I'm going to keep an occasionally updated timeline and information page on the conflict between Harris and his former employer. It is also linked on the left hand column of my blog, under “L’Affaire Harris: Timeline.” I will expand and add to it as time goes along. The Illinois Computer Research v. Google litigation and related cases have been written about elsewhere, including extensive coverage from the anonymous Troll Tracker blog. In any case, I hope to be helpful by putting most of the key information together in one place.

New Media, Old Media, and the Google factor

Last week I heard NYT columnist Jason Pontin refer to Google as a "giant parasite," video here, I wrote why I disagreed with him here, and he promptly responded here. Well, I’m not going to win the “fastest blogger” award for this response, but I did want to come back to this briefly.

First, my original post on Pontin’s comments was a bit too snarky, so I apologize for that, and I appreciate his response. I do continue to disagree with him and here’s why.

“I have to make money to survive, despite our ownership by MIT. Sam Zell doesn't determine what profit margins are acceptable to Wall Street's analysts and investors. Both Zell and I must live in real markets, not within the speculative future of a media blogger, and those markets have become punishingly difficult.”

Agreed. But, getting more non-profits to own media outlets is a good strategy toward relieving part of that market pressure. So is taking companies private, something that Cox Communications did a couple years ago.

For public companies that can’t escape the demand for 20 percent plus profit margins every quarter, I don’t see how they’re going to make it in the long run. I don’t see a way out for Gannett or MediaNews. Investors in those companies have become convinced they can see monopoly-sized profits every quarter. And they can, for a time, while they drive these papers into the ground. But unless a publication has some kind of insulation from the public markets, like the family ownership structure of the Times or the Post, I don’t see a rosy future for it. The solution is to buckle down, invest in web sites, and capture some of the billions pouring into online ads; which have were up 25 percent year-over-year throughout 2007.

"If you want the journalism upon which all three parts of the media industry depend, who is going to pay for it? Readers won't, if they can get content for free (and as you say, both the Times as well as many other magazines have abandoned pay-to-play.). Advertisers won't pay enough, because AdSense and AdWords and similar networks are cheaper and more effective than display."

Well, one could argue the advertisers are in a more transparent market now, and they are getting a better deal for their money. They just didn't have many options before, and the newspapers could force them to accept higher rates.

The Times' abanonment of its pay model seems a success story to me, not a failure. They had over 200,000 online-only paying subscribers, I believe, (including myself.) They made a calculation that it was better to make that paid content freely available so that it could be found through search engines. The online ad revenue will more than make up for the subscription money of TimesSelect folks (that’s the plan, anyway).

Yes, it’s unfortunate that readers aren’t willing to pay much for print content. But throughout the entire pre-digital age, not many newspapers made it past the 25 cent mark in any case. And we’ve always been competing with free (television). So consumers have been trained to put a pretty low price on the news in any case. The future of for-profit print media is going to come from advertisers.

It is happening. Some web publications are starting to make money, like the sites represented by Federated Media. I know in the legal media there are a huge number of lawyers who are blogging a variety of topics, and it’s tough for us reporters to figure out what we have left to contribute when the events are followed so closely.

The Sunday papers in San Francisco, like most big cities, are full of inserts. Those inserts account for an enormous amount of the newspapers’ profits. In a sense, the journalism business has been subsidized by the coupon business. That game is ending. We’re actually going to have to get read, by someone who cares, and can’t just say ‘we’re the experts, pay us.’

"How are we pay for this very expensive enterprise of creating first-rate, quality journalism? It's not clear, although I am working on the problem, because Google isn't going away."

Very few metro papers are going to be able to have the kind of independent globe-spanning coverage they had in the 1980’s. Papers are becoming more locally focused. And that makes sense, since readers—increasingly coming through search engines—have lots of other choices, often better choices, about how to get world news.

Overall, I think Jason’s critique is aimed more at the Internet as a whole than at Google. And I’m not being pollyanna-ish about the real dangers that are posed to journalism. But I think those dangers are posed by competitors—people who have a right and ability to express themselves, whether they do it for money or not. I don’t think those people, or the search engines they use, are “parasites” on the media business. There are grandmas who want to talk about when to plant azaleas in Baltimore, to paraphrase a recent interview I had with an executive at a new media company. Much of that “evergreen” or seasonal content in the Home or Style sections has been giving a free ride to us serious-furrowed-brow journalists, too.