Bonum Certa Men Certa

Patent Lawyers Versus the Rest of Us

Steven Lundberg



Summary: A complete roundup of articles we found and classification of them

THE LEGAL sites are willing to tell that "Congress Takes Aim at 'Patent Trolls' With SHIELD Act" (we covered it in [1, 2]), but the scare quotes around "patent trolls" help show that there is still some bias there. This is the sort of bias we find everywhere in the legal news -- a bias that is so endemic and consistent. Other legal sites put in the form of a question the patent debate on which public consensus is well understood. To quote: "The idea of not having patents for the software industry is just coming into its own and making the rounds in various university classes on intellectual property rights. “The idea is a mainstream one,” said John Allison, professor of Intellectual Property Law at the University of Texas. Although mainstream and with merit, classifying various industries according to whether they could or should have patent protection would be highly impractical, leaving the door wide open for manipulating the system."



Another article, not from legal sites for a change, says that "[p]atent trolls claim to help inventors profit from their creations, but there is overwhelming evidence to the contrary. The truth is non-practicing entities have established a practice of collecting broad computer hardware and software patents with no intention of developing any products and then filing suit against companies for alleged patent infringement.

"Unethical at best, this practice often places financial hardship on small- to medium-size companies who are often forced to settle due to the prohibitive costs of litigation despite the arbitrary nature of the claim.

"In June, a Boston University study revealed patent troll litigation is on the rise, affecting 5,842 defendants in 2011 alone and costing an estimated $29 billion in direct costs. While large firms accrued more than half of the direct costs, 37 percent of the defendants were small to medium-sized companies."

Another decent new article comes from Brad Feld, who writes: "My startup, all five employees and $0 revenue, is being sued by a patent troll. It is madness.

"One must prepare for the reading accordingly and remember the vested interests at play.""Software patents are weapons of mass extortion. The trolls know that the cost of patent litigation is huge- millions of dollars for a thorough defense. The vast majority of companies do a simple cost benefit analysis and settle. It costs a pittance to file a lawsuit, a fortune to fight. A troll can sue many companies and live off the settlements. Trolling is a lucrative, legally sanctioned business model with virtually no risk. The longer this continues the worse it will get."

More opposition to patent comes from the press in NZ. To quote: "As I write this, the herculean struggle mostly known as Apple Inc v. Samsung Electronics Co Ltd is in its final stages. In the US at least. News about this fight has dominated tech news for months, spawned even more partisan vitriol than usual, and is really just complete rubbish. In August last year, there were court battles between the two in nine different countries over four continents. The vast sums of money both companies are spending on lawyers could be going to about a million better places. I'm not taking sides here though - the problem is the patent system."

So, to summarise, we continue to see pro-patents coverage from legal sites and the complete opposite from the rest. One must prepare for the reading accordingly and remember the vested interests at play. What's good for patent lawyers is not good for us, the 99%.

Recent Techrights' Posts

CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
 
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock