• by September 6, 2000

By David Cotriss

Media Metrix, the online audience measurement firm, has received yet another patent for its technology, making it the third patent the firm has received. This patent reflects changes in the terminology used on the Web today as well as the nature of today's digital environment.

Terminology updates are necessary since many of the terms used in 1997, when Media Metrix received its first patent, have changed for various aspects of the Internet. The specific metering technology has also been updated, providing updating of Internet and Digital Media audience-usage behavior in real-time - click-by-click, page-by-page, minute-by-minute. Media Metrix employs its patented computer-use meter and analyzer to track more than 100,000 people worldwide, yielding monthly, weekly, and daily data on Internet and Digital Media audience behavior.

The patent also reflects the ability to track offline software usage while connected with the Internet as well as the proliferation of devices used for Web access such as PDA's. "We want to be sure we're seen as platform-agnostic," says Anne Marie Kelly, VP of Global Marketing for Media Metrix. "This new patent allows us to be sure the technology and methodology we've used until now will work with other devices in the future and be protected."

While Kelly is not aware of any other online measurement companies with patents on their technology, she is well aware of the controversy surrounding online business-method patents, such as Amazon.com's one-click ordering system. "We're protecting our cutting-edge technology, and we welcome the challenge of other technologies. We don't want to jeopardize our many years of investment."

Kelly adds that clients see the issue the same way, and if anything, they are happy to see the technology protected. There does seem to be a difference between "business-method" patents and that of Media Metrix, since there is innovative technology involved that appears worthy of protection.

The main controversy over business-method patents seems to be that it may lead to patenting things as widespread as affiliate programs. This would essentially deem the originator of the concept the creator and therefore all other sites using the model in violation. Business-method patents also limit free enterprise by making competition difficult. A key example here is Priceline.com's "name your own price" model. If such a concept is patentable, it severely limits competition.

These are issues for courts to decide, which may lead to patent reform. Media Metrix doesn't appear to be adding any fuel to that fire.

- MediaDailyNews staff writer David Cotriss may be reached at DCotriss@mediapost.com