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

03.11.13

Patent Trolls Increasingly Recognised as an Issue, Taking Attention Away From Software Patents as Key Issue

Posted in Patents at 6:32 am by Dr. Roy Schestowitz

Dodging the main issue, which is monopolies on maths

Logic

Summary: Patent trolls and patent “quality” increasingly targeted rather than the debate about software patenting

There has been a lot of patent resentment recently, all directed at patent trolls and software patents, the trolls’ weapon of choice. There is
this new post from someone whose work is being attacked by a patent troll. It bothers me personally also because it is similar to an Android app I developed; to think that patent trolls can extort such apps is enough to convince myself and other developers that patent trolls and software patents harm everyone in almost every way.

A new style of trolling emerges following general apathy and tolerance towards patent trolls. This one report speaks of a troll scam which uses extortion, but unlike patent trolls, these ones go to prison:

An organization calling itself the “Internet Copyright Law Enforcement Agency” (ICLEA) recently sent out a batch of copyright infringement notices. One letter reproduced online states that “if this matter is not settled by Friday, March 1, 2013 then you may face serious potential criminal and/or civil charges filed against you. If you are arrested for felony criminal copyright infringement you will be fingerprinted, photographed, and held in jail until you are arraigned in court.” Recipients have been asked to pay various amounts, such as $395 or $495.

Needless to say, this is a scam. Under US law, only the government can indict defendants or throw them in jail. And the scammers seem to have realized that they made a big mistake, as their website now states, “Effective immediately, the Internet Copyright Law Enforcement Agency has ceased operations. Please disregard any notices you received from us, and please do not send us any payments.”

But as a screenshot captured by Fight Copyright Trolls shows, that’s not what the website used to say. Previously, the ICLEA claimed to be “an international organization that helps to enforce copyright laws on the Internet worldwide by informing potential copyright law violators regarding the serious criminal and/or civil liability they may face, and providing them with an opportunity to help them comply with copyright laws.”

I don’t believe that patent trolls should be sent to prison, just bankrupted. “A small company is suing us for patent infringement” says a Dilbert cartoon which can be found here. It sure seems like this whole trolling phenomenon has grown deep into public conscience. Here is a new high-profile trolling case, which CBS reported on as follows:

Maz Encryption Technologies, a Delaware company made up of two former employees of Maz Technologies, filed suits last week against Apple, Dell, Hewlett-Packard, Toshiba, Fujitsu, Lenovo, and Research In Motion (now BlackBerry).

There is a case fought by Function Media, L.L.C. against Google Inc. and lawyers who cover if say: “Function Media sued Google for infringement of three related patents: 6,446,045; 7,240,025; and 7,249,059. The patents involve a system for facilitating advertising on multiple advertising outlets (such as different websites) with different formatting requirements. The district court granted summary judgment that the sole independent claim of the ’045 patent was indefinite and a jury subsequently found that the asserted claims of the ’025 and ’059 patents invalid and not infringed. The district court granted JMOL of validity of four claims but the noninfringement verdict stood. FM appealed several issues including the indefiniteness ruling and raised a challenge based on O2 Micro.”

Here is another interesting article from the same site: “In a 9-0 decision, the Supreme Court has limited the scope of “arising under” jurisdiction for patent cases and held that the Minton’s patent litigation malpractice case does not arise under the patent laws and therefore is not amenable to exclusive federal jurisdiction.”

In a relatively arrogant and rude site of patent lawyers we find someone willing to accuse of faith-based insistence those who actually have academic studies and developers’ voices on their side. Watch this opening paragraph:

Rarely a week goes by these days without the publication of one academic study or another that addresses the “problem” of software patents in the US, often in tandem with a dissection of the cruelties inflicted by “patent trolls”. The conclusions of these studies are almost always variations on the same theme: “Something has to be done because the current regime is stifling economic growth, as companies are afraid to innovate because they may be sued for patent infringement.” These studies are always very precise about the specific problem within the system that they address, but they never seem to provide any evidence that innovation is, in fact, being affected by patents. That just seems to be taken as an article of faith.

The software patenting proponents, or in other words patent lawyers, latch onto Rader, a SCOTUS-glorified lawyer, for advocacy of this whole patent mess. The WatchTroll says “the patent system is far to important to allow bad actors and those with an anti-patent agenda to manipulate the mass-media, public and policy makers into believing that patents are inherently evil and deserving of the blame. Patents are objectively good by any fair and factual assessment of history. We just need to get the message out.”

It’s not about good or bad, it’s about within or outside scope. All software patents, for instance, are bad because they apply to abstract ideas. Meanwhile, the “head of litigation and intellectual property at Twitter” (i.e. a lawyer) promotes something which is not the solution but a hack of some kind, as we covered before. He says: “Even if the company or a future buyer of the patent wants to renege on the promises of the IPA, the inventors can hold them accountable and grant licenses to others. Suppose a company sells the patents to someone who decides to sue others offensively (in violation of the IPA); the inventors then have the ability to grant a license to the person or entity being sued. The license would thus protect the people being sued if the suit violated the promises in the IPA.”

A simpler solution would be to just eliminate software patents. The SHIELD act is an example of addressing the issue in another dodgy way, which IDG promotes as follows:

I’ve said before, and often repeated, that software patents are evil. Ask almost any experienced software product engineer — especially in an open source project — and they’ll tell you software patents are a bug, not a feature. The worst problem they face is patent trolls appearing from nowhere and enaging in a legal shakedown. Even President Obama says, “They don’t actually produce anything themselves. They are essentially trying to leverage and hijack somebody else’s idea and see if they can extort some money out of them.”

But if you take away software patents, then a lot of trolls would go extinct. The SHIELD act is just a hack which assumes the defendant can afford a long trial. Here is what one writer says to provide background:

Last year, the first bill that could take a bite out of the business model of so-called “patent trolls” was introduced. Not much happened with it, but today a reworked bill has been introduced by the same sponsors: Reps. Jason Chaffetz (R-UT) and Peter DeFazio (D-OR). The bill is called the SHIELD Act of 2013, which stands for “Saving High-Tech Innovators from Egregious Legal Disputes

Here is a criticism of SHIELD:

Evidently at least one Congressman feels that the AIA does not go far enough to combat patent “troll” lawsuits. Congressman Defazio of Oregon is sponsoring yet another bill entitled “Saving High-Tech Innovators From Egregious Legal Disputes Act.” The bill, like its 2012 predecessor, proposes that the costs (including attorney fees) of certain types of patent lawsuits should be recoverable from the Patentee once the court finds the patent invalid, or not infringed. The 2012 version of the bill was limited to software type inventions and mandated payment for only frivolous suits.

If they can classify something as “software type”, why grant a patent on it in the first place?

These cases would usually be dismissed provided there is prior art, so why are such patents granted in the first place? Well, it is hard to exhaustively study all software in existence, whereas for hardware it is much simpler because few players can manufacture cutting-edge hardware.

Here’s a new article about how to locate prior art and something in the news about frivolous patent cases:

The law firm of Pearl Cohen Zedek Latzer and two of its partners have been hit with more than $200,000 in sanctions for filing a frivolous patent case, opposing an earlier sanctions ruling and, according to a federal judge in Manhattan, wasting the court’s time.

On Feb. 21, Southern District Judge Colleen McMahon (See Profile) ordered the legal team for plaintiff Source Vagabond Systems Ltd. to pay $200,054 in sanctions to defendant Hydrapak Inc.

Those lawsuits show that patent trolling, or the turning of patents into a business model, are a true issues as courts can recognise. In order to properly set up a deterrent they need to find out where those patents come from in the first place. We rarely if ever hear about trolling with hardware patents; statistically speaking, trolling is mostly a symptom of software patenting.

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 9/2/2016: Linux in Robotics, Hyperledger Project

    Links for the day



  2. Besieged Benoît Battistelli Mimics 'Damage Control' Tactics of FIFA or Blatter as More Judges Start Getting Involved in EPO Scandals

    Rumours and a new rant from Battistelli reinforce suspicions that actions are being organised behind the scenes, possibly as part of an upcoming, high-level campaign to unseat/dethrone Battistelli, who has become a reputational disaster to the European Patent Office (EPO), much like Sepp Blatter at FIFA



  3. Several Political Parties Directly Challenge the European Patent Office for Ignoring the Law, Not Obeying Court Orders

    Politicians make it crystal clear that the EPO, despite its unique status, cannot just raise its nose at the rulings of courts of law, definitely not in Dutch territory where the EPO operates



  4. Even the Legal Community is Upset at Benoît Battistelli for the Damage He Did to the EPO

    A recent article from lawyers' media (in German) speaks of the great damage (or mess) left by its current president, who has become somewhat of a laughing stock and growingly synonymous with farcical trials even in the circles of stakeholders, not just his own staff



  5. EPO Union (SUEPO) Getting Busted: “More and More People are Joining the Union, but Fewer and Fewer People Dare to Take on Leading Positions There.”

    The union-busting actions taken by EPO management in collaboration with Control Risks (for weak accusations against staff representatives) and FTI Consulting (for 'damage control') as described in a recent article, in the words of SUEPO lawyer Liesbeth Zegveld



  6. Microsoft's Copyrights- and Patents-Based Attacks on GNU/Linux Carry on

    The SCO case is still going on and Microsoft has just signed a patent deal with GoPro over its FOSS-based software, relating to “certain file storage and other system technologies”



  7. The EPO's Benoît Battistelli is the Dictator Who Can No Longer Dictate Like He Used to

    The European Patent Office's mechanism of oversight is starting to work just a little because, based on a new report from Juve, Battistelli is now reluctant to make proposals that would prove unpopular among delegates



  8. La Más Detallada Explicación (hasta ahora) de ¿Qué esta mal con la OEP?

    La insistencia de la OEP que permanece arriba de la ley no sólo est bajo fuego en los medios pero también esta siendo desafiada basado en personas familiares con la aplicabilidad de la ley a organizaciones internacionales.



  9. Links 8/2/2016: Vista 10 Nags Help GNU/Linux, Nautilus Updated

    Links for the day



  10. The European Patent Office “is Acting as Though the Law Does Not Apply to It.”

    An article from Nieuwsuur which provides the words of Liesbeth Zegveld (for SUEPO) and Guillaume Minnoye (for the European Patent Office), reaffirming the EPO's bizarre notion that it is above the law, even in the face of human rights violations and a court ruling against the EPO



  11. Microsoft-Connected FRAND Lobbying (Software Patents Against Free/Open Source Software) in Brussels

    Anti-Free/Open Source software (FOSS) talking points and FRAND (anti-FOSS) lobbying groups in Brussels as seen by proponents of FRAND, who also worked for Microsoft



  12. Latest Propaganda From the EPO's Management an Effort to Make the EPO the Tool of Megacorporations

    A quick roundup of some of the latest spin and paid-for (bought) coverage that helps introduce a distorted patent system whose beneficiaries are not European (or even people)



  13. 'Aversion to Change' Propaganda From the EPO Echoes or Parrots Lenin and Stalin

    The out-of-control EPO management is trying to fool the media by blaming staff representatives for getting fired, simply because they stood up to a highly abusive and megalomaniacal dictator



  14. The Gates Foundation Subjected to Criticism, But Over a Decade Too Late

    Reckoning and accepting the fact that even some in the media now openly speak about Bill Gates' corrupting influence in everything, including politics



  15. Links 8/2/2016: Zenwalk 8.0 Beta 2, Q4OS 1.4.7

    Links for the day



  16. SIPO (China's Patent Office) Taken Over by Patent Maximalists

    A look at China's race to the bottom (decline in quality) when it comes to patents, assuming quite wrongly that quantity is more important than quality and severe penalties for perceived infringement will spur innovation



  17. The Alice Case Continues to Smash Software Patents (This Time OpenTV's); Will the EPO Ever Pay Attention?

    The potency or the grip of software patents in the United States is quickly eroding, but the EPO continues to act as though software patents are legitimate



  18. EPO Staff Responds to Team Battistelli's Expansion to Include French Economic Propagandist on the Payroll

    With strings attached (like string puppets of Battistelli in various units including the Investigative Unit), can the new Chief Economist, who is French and paid by Battistelli, ever be trusted?



  19. UPC: To Understand Who Would Benefit From It Just Look at Who's Promoting It (Like TPP)

    The UPC, which is designed to aid patent trolls and aggressors (and their lawyers), is still being advanced by the EPO and some misinformed (but loyal to these former groups) politicians



  20. Trolls Molestos: Rovi (del famoso Angry Birds) Ayuda al Más Largo Troll de Patentes de Microsoft Intellectual Ventures (Corregido)

    Alguna vez conocido como hacedor de juegos y más tarde como vigilancia en masa en jugadores, Rovi ahora se ESTA ALIANDO CON EL MÁS GRANDE TROLL DE PATENTES



  21. Estadísticas de Invalidación de Patentes y Costos de Litigación de Patentes (incluso si son falsas) Muestran que la Esfera de Patentes y los Estándares de Examinación son un Probleman, No Sólo en Los Estados Unidos

    Demasiadas falsas patentes que no deberían haber sido otorgadas en primer lugar y fraudulentes jucios de patentes que terminan en favor del acusado sirve para mostrar el costo externo (o externalidad) cuando set trata de un bajisímo sistema de patentes que se esfuerza en otorgar muchas patentes irrespectivamente de su mérito.



  22. The 'Offenses' of EPO Staff Representatives Boil Down to Truth-Telling

    Dutch television examined the documents of the mock 'trials' against SUEPO leaders and concluded that whistle-blowing (i.e. exposing abuses by EPO management), not misconduct, is the reason for overzealous dismissals



  23. Rumours About Dismissal of Benoît Battistelli and New Letter From Union Syndicale Federale Blasting Battistelli's Behaviour

    hings have been heating up since the dismissal of staff representatives at the European Patent Office (EPO) and some even spread rumours about withdrawal/dismissal of the EPO's President



  24. VirnetX Case Against Apple Shows Not the Problem With Patent Trolls But With Software Patents

    What the media really ought to be talking about after the high-profile VirnetX case, rather than obsess about the status of Apple or patent trolls in the Eastern District of Texas



  25. Diápositivas de Nueva Charla Explican la Connección Entre la Corte De Patentes Unitarias (UPC) y Patentes de Software

    Benjamín Henrion habló el pasado Domingo acerca de las patentes de software europeas -una presentación que habla de la Corte Unitaria de Patentes, por la que la OEP aboga sin cesar y que es lo que significa para las patentes de software.



  26. Las Políticas de Microsoft Alienan Incluso a los Hinchas Más Acérrimos de Microsoft, Incluyendo Pro-Microsoft Web Sites

    El agresivo comportamiento de Microsoft y su BAJA CALIDAD DE PRODUCTOS dejan algunos de sus últimos restos de ´hinchas´ descorazonados y molestos.



  27. Links 6/2/2016: CoreOS Rocket 1.0, Scientific Linux 7.2

    Links for the day



  28. Maybe It's Time for Class Action Lawsuits Against Microsoft for Forced Vista 10 'Upgrades', Which Were Definitely No Accident

    The sheer arrogance of Microsoft, which silently changes the operating system on people's computers (without their consent), makes lawsuits imperative, not just a possibility



  29. Readers' Article: A Strange Conspiracy of Silence in the German Media (Part II)

    Željko Topić's allegedly dark background, which includes a suicide, a retreat of potential witnesses, German funds in Topić's private bank account and several more interesting bits



  30. Links 5/2/2016: Wine 1.9.3, Slackware 14.2 Beta 2

    Links for the day


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