EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.21.12

Articles Against Software Patents and Patent Trolls

Posted in Patents at 7:46 am by Dr. Roy Schestowitz

Glasses on a paper

Summary: An accumulation of recent articles on matters such as patent trolls, which mostly use software patents based on a recent survey

BOSSON from the FFII pays attention to some cost analyses regarding software patents. Quoting part of what he wrote:

Cost of software patents shown

Nice to see media addressing the cost of software patents. At CNET, Last Jim Kersteller writes “What is that patent lawsuit going to cost you”. Basically you’d have to pay lawsuits costs that are very high and pushes you to settle for anything under a million dollars. It certainly puts the small firm at huge risk. And to top that one off, Techdirt describes a study on why It’s Mathematically Impossible To Avoid Infringing On Software Patents. Even for the larger players patents are as Brad Feld at Business Insider says “Games Where The Only Winning Move Is Not To Play”. In fact this study, at techdirt, says that you earn more if you share for free. Oh wait, thats open standards and Internet.

Over at The Inquirer, a story is told about the “folly of software patents”:

Fax delays reveal the folly of software patents

SOMETIMES even the simplest ideas must wait. Markus Kuhn, a computer scientist at the University of Cambridge has been waiting patiently since 1995 to be free to exploit a simple bit of coding innovation.

Sadly for him, the intervening years have seen the technology this innovation was aimed at become obsolete. And he’s in little doubt what’s to blame – software patents.

Back in 1995, Kuhn had written roughly 4,000 lines of code as an open source implementation of the image compression algorithms used by fax machines. The trouble was, a single line of that code was covered by a patent awarded to Mitsubishi for an image encoding standard known as JBIG1.

In Slate, which has some Microsoft connections, patent trolls are being criticised:

How “patent assertion entities” stifle innovation. (It’s even worse than you think.)

[...]

Measuring the effects of patent litigation is a tricky exercise—you need to figure out what innovation would have happened in the absence of a lawsuit. In the case of Acacia’s PACS suit, there was a convenient point of comparison: The lawsuit covered only medical-image-storage software, not text-storage systems, which are just as technologically complex. Since most companies named in the suit sold both image- and text-storage systems, the latter could be used as a benchmark to assess the impact of the Acacia suit on the PACS market.

Recently, CSIRO (a Microsoft client) took money from practising entities, raising the costs that customers will probably need to pay network providers (thus elevating the cost of everything for the benefit of parasites):

Australia’s Commonwealth Scientific and Industrial Research Organization (CSIRO) has been awarded more than AU$220m (£142m) in an out-of-court settlement in the US concerning its patented Wi-Fi technology.

Acacia too (with Microsoft connections) found another victim while patent lawsuits generally expand and some defendants just pay to settle, thereby feeding/rewarding legal aggression. The world’s largest patent troll (with origins at Microsoft) extorts a very large number of companies this way, raising the costs of everything. A lawyers’ magazine asks whether this hinders innovation, but gives a somewhat inconclusive analysis (the readership includes trolls, so it tries to be “balanced”):

Do Non-Practicing Entities (aka, ‘Patent Trolls’) Hinder Innovation?

[...]

In addition to paying for protection, many of the bigger companies in the software business have also found themselves spending millions of dollars in order to acquire “defensive patents,” with the explicit purpose of defending themselves against being sued. Of course, the great expense of court cases means that many companies have been forced to change their spending patterns.

NPEs are destroying real jobs, distracting from innovation, and altogether banning some paths of exploration, so the headline is a rhetorical question. The legal press may be unfit to answer such questions because it never produced anything innovative in the first place and success is often measured in terms of litigation (conflict), not progress. Here is a new example of a small company litigating its way into profit (Uniloc was covered here many times before) and another very recent example of litigation as a business model:

A company that makes specialist talking tablet computers for speech-disabled children has mounted a patent lawsuit which seems set to kill off an iPad app that does the same thing for a tenth of the price. The firm is making no commitment to provide replacement affordable software for consumer devices.

How does legal action with patents help innovation at all? How does that drive society forward? Who does this whole mess really help? These are rhetorical questions, but politicians appeal to campaign funding, not to common sense, so patent law continues to be a sham. The same goes for copyright law. Real change won’t come on its own; it won’t come through the ballot box, either.

“I’m always happy when I’m protesting.”

Richard Stallman

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 26/3/2017: Debian Project Leader Elections, SecureDrop and Alexandre Oliva FSF Winners

    Links for the day



  2. His Master's Voice, Jesper Kongstad, Blocks Discussion of Investigative and Disciplinary Procedures at the EPO

    The Chairman of the Administrative Council of the European Patent Organisation is actively preventing not just the dismissal of Battistelli but also discussion of Battistelli's abuses



  3. Heiko Maas and the State of Germany Viewed as Increasingly Complicit in EPO Scandals and Toxic UPC Agenda

    It is becoming hard if not impossible to interpret silence and inaction from Maas as a form of endorsement for everything the EPO has been doing, with the German delegates displaying more of that apathy which in itself constitutes a form of complicity



  4. With IP Kat Coverage of EPO Scandals Coming to an End (Officially), Techrights and The Register Remain to Cover New Developments

    One final post about the end of Merpel’s EPO coverage, which is unfortunate but understandable given the EPO’s track record attacking the media, including blogs like IP Kat, sites of patent stakeholders, and even so-called media partners



  5. Everyone, Including Patent Law Firms, Will Suffer From the Demise of the EPO

    Concerns about quality of patents granted by the EPO (EPs) are publicly raised by industry/EPO insiders, albeit in an anonymous fashion



  6. Yes, Battistelli's Ban on EPO Strikes (or Severe Limitation Thereof) is a Violation of Human Rights

    Battistelli has curtailed even the right to strike, yet anonymous cowards attempt to blame the staff (as in patent examiners) for not going out of their way to engage in 'unauthorised' strikes (entailing dismissal)



  7. Even the EPO's Administrative Council No Longer Trusts Its Chairman, Battistelli's 'Chinchilla' Jesper Kongstad

    Kongstad's protection of Battistelli, whom he is supposed to oversee, stretches to the point where national representatives (delegates) are being misinformed



  8. Thanks to Merpel, the World Knows EPO Scandals a Lot Better, But It's a Shame That IP Kat Helped UPC

    A look back at Merpel's final post about EPO scandals and the looming threat of the UPC, which UPC opportunists such as Bristows LLP still try hard to make a reality, exploiting bogus (hastily-granted) patents for endless litigation all around Europe



  9. EPO Critics Threatened by Self-Censorship, Comment Censorship, and a Growing Threat to Anonymity

    Putting in perspective the campaign for justice at the EPO, which to a large degree relies on whistleblowers and thus depends a great deal on freedom of the press, freedom of speech, and anonymity



  10. Links 25/3/2017: Maru OS 0.4, C++17 Complete

    Links for the day



  11. Judge and Justice Bashing in the United States, EPC Bashing at the EPO

    Enforcement of the law based on constitutional grounds and based on the European Patent Convention (EPC) in an age of retribution and insults -- sometimes even libel -- against judges



  12. Looking for EPO Nepotism? Forget About Jouve and Look Closely at Europatis Instead.

    Debates about the contract of Jouve with the EPO overlook the elephants in the room, which include companies that are established and run by former EPO chiefs and enjoy a relationship with the EPO



  13. Depressing EPO News: Attacks on Staff, Attacks on Life, Brain Drain, Patents on Life, Patent Trolls Come to Germany, and Spain Being Misled

    A roundup of the latest developments at the EPO combined with feedback from insiders, who are not tolerating their misguided and increasingly abusive management



  14. It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay 'Protection' Money)

    News about Intellectual Ventures and Finjan Holdings (Microsoft-funded patent trolls) reinforces our allegations -- not mere suspicions anymore -- that Microsoft would 'punish' companies that are not paying subscription fees (hosting) or royalties (patent tax) to Microsoft and are thus in some sense 'indebted' to Microsoft



  15. Links 24/3/2017: Microsoft Aggression, Eudyptula Challenge Status Report

    Links for the day



  16. Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

    Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)



  17. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  18. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  19. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  20. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  21. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  22. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  23. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  24. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  25. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  26. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  27. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  28. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  29. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  30. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts