SMS Patent Disputes

Bruha · 25th Nov 2012, 11:19 AM

Anyone aware of the SMS patent lawsuits regarding including active URL's in text messages?

I just was made aware of this today and confirmed the information when a message of one of my clients went out and the link she includes is no longer an active URL, just text.

Curious if anyone has looked into whether or not their SMS provider is licensed to do this or not? I now know that mine is not, but am thinking of switching to one that is before I get too many more clients.

jakesy · 26th Nov 2012, 10:23 PM

Just got an email from Avid today saying that they paid the $750,000 for the license.
sms mms and social media posts that include a url are covered by a patent and you need to make sure that your platform provider has the license

Aaron Doud · 27th Nov 2012, 11:55 AM

This is just crazy patent trolling.

BIG DEALS · 27th Nov 2012, 12:04 PM

Originally Posted by Bruha

Anyone aware of the SMS patent lawsuits regarding including active URL's in text messages?

I just was made aware of this today and confirmed the information when a message of one of my clients went out and the link she includes is no longer an active URL, just text.

Curious if anyone has looked into whether or not their SMS provider is licensed to do this or not? I now know that mine is not, but am thinking of switching to one that is before I get too many more clients.

Yeah, avid is stating they are the only SMS provider that has the license.

Think about this... The guy who owns this patent is going to sue every person sending a SMS with a link? A group of big companies are fighting back and countersuing.

http://www.crainsnewyork.com/article...MENT/120829890

elkiehound · 27th Nov 2012, 12:25 PM

Does this include links to deliver a mobile coupon ?

JHuts34 · 27th Nov 2012, 01:08 PM

Aaron,

We are not patent trolls, simply taking the steps required to protect all of our partners. This is a patent that has held up in court, and as you know with our judicial system, each decision only makes the patent stronger. We have obtained the license to ensure all of our partners are protected as well. If it was no serious issue, why would companies such as Samsung, Apple and so on have licensed the patent? It has yet to be over-turned within a court room proceeding.

JHuts34 · 27th Nov 2012, 01:09 PM

Originally Posted by elkiehound

Does this include links to deliver a mobile coupon ?

Any URL delivered through SMS

BIG DEALS · 27th Nov 2012, 01:19 PM

Originally Posted by JHuts34

Aaron,

We are not patent trolls, simply taking the steps required to protect all of our partners. This is a patent that has held up in court, and as you know with our judicial system, each decision only makes the patent stronger. We have obtained the license to ensure all of our partners are protected as well. If it was no serious issue, why would companies such as Samsung, Apple and so on have licensed the patent? It has yet to be over-tuned within a court room proceeding.

Apple and Samsung paid the $750,000 because they don't have time to fight a battle in court with this guy. Also, the $750,00 is nothing to these big companies. Apple has already paid this Richard fellow (the patent owner) $10 million on another lawsuit about 10 years ago. Apple just didn't care to fight this fight.

If you ask me, this patent is more like a 'tax' on SMS sent containing URLs.

JHuts34 · 27th Nov 2012, 01:32 PM

Certain Providers (I can not mention specifics publicly due to the agreement) have been court ordered to stop sending SMS messages due to this lawsuit, so it is being upheld when taken into a courtroom setting. We do have a PDF explaining specifics that we have been sending out so everyone is well informed. I'll be more than happy to send out everything to anyone who needs more information.

Jones178 · 27th Nov 2012, 01:58 PM

Out of all the mobile companies discussed in mobile marketing it seems that Jhuts is the only one who tries to use this forum as your personal advertising platform, instead of trolling for leads just pay the $100 and buy a banner. stop fear mongering

JHuts34 · 27th Nov 2012, 02:00 PM

Originally Posted by Jones178

Out of all the mobile companies discussed in mobile marketing it seems that Jhuts is the only one who tries to use this forum as your personal advertising platform, instead of trolling for leads just pay the $100 and buy a banner. stop fear mongering

Jones,

Look at my past posts and see I have never "advertised" my company, nor am I on here saying "sign here now." I simply addressed the questions answered and clarified any miss-understandings.

elkiehound · 27th Nov 2012, 03:50 PM

Is there a list of providers that are licensed ?

Garymac · 28th Nov 2012, 09:29 AM

Fear Mongering? JHuts34 simply provided answers to questions that were being asked by forum members like myself, I didn't see any advertising message in his posts, although he would have provided information to other questions and posts here on the issue at hand if he had. Me thinks you may have your own Agenda which is not being furthered by JHuts34's posts. That be the case or not, I'm sure there are others that appreciate the answers and info he provided here and If I am the only one... it was certainly appreciated by me.

Garymac · 28th Nov 2012, 10:08 AM

Originally Posted by Jones178

Out of all the mobile companies discussed in mobile marketing it seems that Jhuts is the only one who tries to use this forum as your personal advertising platform, instead of trolling for leads just pay the $100 and buy a banner. stop fear mongering

By the way, for interested parties, here is a link to the Patent PDF that Avid provided me when I asked for details. I have their permission to post here as well. Hope this isn't mistakenly taken as an advertisement for Avid, but rather what it is intended to be, more useful information for all of us here battling it out in an ever increasingly competitive space.

AvidMobile | Patent PDF Download

Garymac · 28th Nov 2012, 10:12 AM

Originally Posted by elkiehound

Is there a list of providers that are licensed ?

I'm sure Avid will be more than willing to provide that info for you as they have provided it to me upon my request for exactly that. Jhuts34 follows this forum so a post to him will get his attention. And for anybody curious, I DO NOT work for Avid, just a big fan.

Garymac · 28th Nov 2012, 10:22 AM

Originally Posted by Bruha

Anyone aware of the SMS patent lawsuits regarding including active URL's in text messages?

I just was made aware of this today and confirmed the information when a message of one of my clients went out and the link she includes is no longer an active URL, just text.

Curious if anyone has looked into whether or not their SMS provider is licensed to do this or not? I now know that mine is not, but am thinking of switching to one that is before I get too many more clients.

Avid does have the license and it protects not only Avid and Avid clients, re-sellers and their clients as well. I vetted every company I could find before going with Avid as a re-seller and found, not only, their back office to be robust and industry leading but their pricing very competitive as well. Their Advanced Mobile Website Builder is as good as anybodies, if not better, and the marketing collateral builder is a great tool.

I get no compensation for tooting their horn, nor have I ever asked for any, just a very happy and satisfied customer that might be able to save some of my fellow Mobile Marketers some unnecessary grief.

JHuts34 · 29th Nov 2012, 12:06 PM

The patent numbers are provided in the PDF so that anyone can do their own due diligence.

nesterdwarf · 29th Nov 2012, 02:16 PM

Putting the PDF behind a registration page isn't fishy at all...

JHuts34 · 29th Nov 2012, 02:22 PM

I apologize if this appears to be self promotion nester, you can do your own research online as well my friend.

If you'd like, you can privately message me and I'll email it to you direct.

Again, just jumping on here to clear up any confusion or address any questions.

Garymac · 29th Nov 2012, 02:41 PM

Originally Posted by jakesy

Quoted email from Lime
"
We have been receiving numerous communications from our customers and others relating to AvidMobile's claims concerning certain patents as they relate to mobile marketing. Although we hate having to qualify AvidMobile's statements with a response of any type, we believe that these claims have made some of our valued customers nervous and, therefore, our response is warranted.

AvidMobile's marketing campaign concerning the patent infringement issue is nothing more than a marketing ploy to scare our customers into believing that they may be sued unless they go with AvidMobile. In fact, in furtherance of these scare tactics, some of the materials that are being sent by AvidMobile have the appearance of being generated from the United States Patent and Trademark Office, when they are nothing more than AvidMobile marketing materials.

We write this communication to ensure all of our customers that, although we know these claims to be misleading, we take our customer's well-being very seriously and we are currently working with our patent attorneys and general counsel to prepare a formal response to AvidMobile's misleading claims.

At Lime, we pride ourselves on providing our customers with superior service and do not have to resort to marketing tactics of any kind. Unfortunately, our competitors do not share the same view. We appreciate your business and look forward to working with you into the future."

How about making it really simple for us then Lime. Just post your patents and licenses here as Avid has done and let us decide for ourselves who's being misleading. Seems to me an email sent to your customers would be a more effective way to communicate your message than to post on a forum. Am I to believe that you think all of us here are Lime clients? Maybe I'm missing something, if this is the best way to reach my clients I guess I should start leaving my important client communications here as well.

jakesy · 29th Nov 2012, 11:58 PM

Originally Posted by Garymac

How about making it really simple for us then Lime. Just post your patents and licenses here as Avid has done and let us decide for ourselves who's being misleading. Seems to me an email sent to your customers would be a more effective way to communicate your message than to post on a forum. Am I to believe that you think all of us here are Lime clients? Maybe I'm missing something, if this is the best way to reach my clients I guess I should start leaving my important client communications here as well.

What I posted is a copy of an email..it was not posted here by lime

Dong Lee · 30th Nov 2012, 01:17 AM

I smell troling.

HorseStall · 30th Nov 2012, 04:50 AM

I would suspect there may be a way around this, depending on how the message is sent. You can send a text message using SMTP, TAP, or through the Internet using SNPP, or WCTP. Much of the technology is based on sending messages to alphanumeric pagers, but is now used to send text messages to cell phones or smart devices. What is contained in the message is irrelevant...

Just my thoughts...

tracourt · 30th Nov 2012, 10:32 AM

Originally Posted by JHuts34

Jones,

Look at my past posts and see I have never "advertised" my company, nor am I on here saying "sign here now." I simply addressed the questions answered and clarified any miss-understandings.

a bit unfair to jhuts34

tracourt · 30th Nov 2012, 10:35 AM

Seems like lime is late to the game on our behalf. Also, the email I received (identical to this one) seemed a bit condescending in it's tone to us resellers. It uses terms like "nervous" "scared" which is a little offensive.
As a business owner I can't seem to see where looking out for my best interests legally falls into those categories.
Not sure I like the attitude.

Originally Posted by jakesy

Quoted email from Lime
"
We have been receiving numerous communications from our customers and others relating to AvidMobile's claims concerning certain patents as they relate to mobile marketing. Although we hate having to qualify AvidMobile's statements with a response of any type, we believe that these claims have made some of our valued customers nervous and, therefore, our response is warranted.

AvidMobile's marketing campaign concerning the patent infringement issue is nothing more than a marketing ploy to scare our customers into believing that they may be sued unless they go with AvidMobile. In fact, in furtherance of these scare tactics, some of the materials that are being sent by AvidMobile have the appearance of being generated from the United States Patent and Trademark Office, when they are nothing more than AvidMobile marketing materials.

We write this communication to ensure all of our customers that, although we know these claims to be misleading, we take our customer's well-being very seriously and we are currently working with our patent attorneys and general counsel to prepare a formal response to AvidMobile's misleading claims.

At Lime, we pride ourselves on providing our customers with superior service and do not have to resort to marketing tactics of any kind. Unfortunately, our competitors do not share the same view. We appreciate your business and look forward to working with you into the future."

tracourt · 30th Nov 2012, 10:38 AM

I would just as soon see a rep from all companies monitoring this to be able to jump in and clear up misconceptions. I don't see where clearing the air on a murky issue is a bad thing here. There is too much secondhand misinformation in this world as it is.
Of course, they should understand they are here to inform not promote.

Originally Posted by JHuts34

I apologize if this appears to be self promotion nester, you can do your own research online as well my friend.

If you'd like, you can privately message me and I'll email it to you direct.

Again, just jumping on here to clear up any confusion or address any questions.

cwinn1 · 30th Nov 2012, 10:39 AM

Time for Lime to respond...

25th Nov 2012, 11:19 AM	#1
Bruha Advanced Warrior War Room Member Join Date: 2006 Location: , , . Posts: 612 Thanks: 28 Thanked 30 Times in 29 Posts	SMS Patent Disputes Share on: Anyone aware of the SMS patent lawsuits regarding including active URL's in text messages? I just was made aware of this today and confirmed the information when a message of one of my clients went out and the link she includes is no longer an active URL, just text. Curious if anyone has looked into whether or not their SMS provider is licensed to do this or not? I now know that mine is not, but am thinking of switching to one that is before I get too many more clients.
	Visit my website at www.ctbonlinemarketingllc.com to learn more about how to make money online!

26th Nov 2012, 10:23 PM	#2
jakesy Warrior Member Join Date: 2011 Posts: 23 Thanks: 107 Thanked 2 Times in 2 Posts	Re: SMS Patent Disputes Share on: Just got an email from Avid today saying that they paid the $750,000 for the license. sms mms and social media posts that include a url are covered by a patent and you need to make sure that your platform provider has the license

27th Nov 2012, 11:55 AM	#3
Aaron Doud Sales & Marketing War Room Member Join Date: 2011 Posts: 2,813 Thanks: 716 Thanked 1,696 Times in 954 Posts	Re: SMS Patent Disputes Share on: This is just crazy patent trolling.

27th Nov 2012, 12:25 PM	#5
elkiehound Active Warrior Join Date: 2012 Posts: 43 Thanks: 0 Thanked 1 Time in 1 Post	Re: SMS Patent Disputes Share on: Does this include links to deliver a mobile coupon ?

27th Nov 2012, 01:08 PM	#6
JHuts34 Active Warrior Join Date: 2011 Location: Kansas City, MO Posts: 30 Thanks: 7 Thanked 6 Times in 5 Posts	Re: SMS Patent Disputes Share on: Aaron, We are not patent trolls, simply taking the steps required to protect all of our partners. This is a patent that has held up in court, and as you know with our judicial system, each decision only makes the patent stronger. We have obtained the license to ensure all of our partners are protected as well. If it was no serious issue, why would companies such as Samsung, Apple and so on have licensed the patent? It has yet to be over-turned within a court room proceeding.
	James Hutson - VP of Business Development AvidMobile - White Label Mobile Marketing Text "HUTSON" to 72727

27th Nov 2012, 01:32 PM	#9
JHuts34 Active Warrior Join Date: 2011 Location: Kansas City, MO Posts: 30 Thanks: 7 Thanked 6 Times in 5 Posts	Re: SMS Patent Disputes Share on: Certain Providers (I can not mention specifics publicly due to the agreement) have been court ordered to stop sending SMS messages due to this lawsuit, so it is being upheld when taken into a courtroom setting. We do have a PDF explaining specifics that we have been sending out so everyone is well informed. I'll be more than happy to send out everything to anyone who needs more information.
	James Hutson - VP of Business Development AvidMobile - White Label Mobile Marketing Text "HUTSON" to 72727

27th Nov 2012, 01:58 PM	#10
Jones178 Warrior Member Join Date: 2012 Posts: 15 Thanks: 0 Thanked 1 Time in 1 Post	Re: SMS Patent Disputes Share on: Out of all the mobile companies discussed in mobile marketing it seems that Jhuts is the only one who tries to use this forum as your personal advertising platform, instead of trolling for leads just pay the $100 and buy a banner. stop fear mongering

27th Nov 2012, 03:50 PM	#12
elkiehound Active Warrior Join Date: 2012 Posts: 43 Thanks: 0 Thanked 1 Time in 1 Post	Re: SMS Patent Disputes Share on: Is there a list of providers that are licensed ?

28th Nov 2012, 09:29 AM	#13
Garymac Warrior Member Join Date: 2012 Posts: 17 Thanks: 2 Thanked 2 Times in 2 Posts	Re: SMS Patent Disputes Share on: Fear Mongering? JHuts34 simply provided answers to questions that were being asked by forum members like myself, I didn't see any advertising message in his posts, although he would have provided information to other questions and posts here on the issue at hand if he had. Me thinks you may have your own Agenda which is not being furthered by JHuts34's posts. That be the case or not, I'm sure there are others that appreciate the answers and info he provided here and If I am the only one... it was certainly appreciated by me.

29th Nov 2012, 12:06 PM	#17
JHuts34 Active Warrior Join Date: 2011 Location: Kansas City, MO Posts: 30 Thanks: 7 Thanked 6 Times in 5 Posts	Re: SMS Patent Disputes Share on: The patent numbers are provided in the PDF so that anyone can do their own due diligence.
	James Hutson - VP of Business Development AvidMobile - White Label Mobile Marketing Text "HUTSON" to 72727

29th Nov 2012, 02:16 PM	#18
nesterdwarf New Warrior Member Join Date: 2008 Posts: 20 Thanks: 6 Thanked 14 Times in 11 Posts	Re: SMS Patent Disputes Share on: Putting the PDF behind a registration page isn't fishy at all...

29th Nov 2012, 02:22 PM	#19
JHuts34 Active Warrior Join Date: 2011 Location: Kansas City, MO Posts: 30 Thanks: 7 Thanked 6 Times in 5 Posts	Re: SMS Patent Disputes Share on: I apologize if this appears to be self promotion nester, you can do your own research online as well my friend. If you'd like, you can privately message me and I'll email it to you direct. Again, just jumping on here to clear up any confusion or address any questions.
	James Hutson - VP of Business Development AvidMobile - White Label Mobile Marketing Text "HUTSON" to 72727

30th Nov 2012, 01:17 AM	#22
Dong Lee HyperActive Warrior Join Date: 2011 Posts: 133 Thanks: 1 Thanked 7 Times in 6 Posts	Re: SMS Patent Disputes Share on: I smell troling.

30th Nov 2012, 04:50 AM	#23
HorseStall Senior Warrior Member Join Date: 2010 Posts: 1,141 Thanks: 12 Thanked 71 Times in 69 Posts	Re: SMS Patent Disputes Share on: I would suspect there may be a way around this, depending on how the message is sent. You can send a text message using SMTP, TAP, or through the Internet using SNPP, or WCTP. Much of the technology is based on sending messages to alphanumeric pagers, but is now used to send text messages to cell phones or smart devices. What is contained in the message is irrelevant... Just my thoughts...
	Horse Gifts :: Dog Gifts :: Wild Animal Gifts :: Mythical Creatures

30th Nov 2012, 10:39 AM	#27
cwinn1 Warrior Member War Room Member Join Date: 2011 Posts: 1 Thanks: 0 Thanked 0 Times in 0 Posts	Re: SMS Patent Disputes Share on: Time for Lime to respond...