Bonum Certa Men Certa

Patent Trolls Come Under Government Scrutiny, Some in the Government Turn Into Patent Trolls

Bush, Cheney, and Pelosi



Summary: Ambiguous message from the US government, which has so far failed to make progress on patent reform and even contributes to the problems

Some days ago we wrote about how MPEG-LA managed to extort even free codecs. As one site notes:



Last week, MPEG LA and Google announced that they entered into agreements granting Google a license to technologies that “may” be essential to VP8, the video codec fueling WebM. While this agreement may have little impact in the traditional streaming market, it could be very significant in other markets, particularly WebRTC. No financial terms of the agreement were announced, and MPEG LA declined to answer our questions.


These secret deals usually mean payment. Neither party wants the public to know about it as they collude against the public interest. It was only last Thursday that the Committee on the Judiciary in the US House of Representatives spoke about patent abuse. This comes from the US government:

Hearing on: Abusive Patent Litigation: The Impact on American Innovation & Jobs, and Potential Solutions


One notable victim, SAS, issued some feedback. The SAS statement [PDF] says: "In none of the cases where SAS has been sued for patent infringement is the plaintiff an operating company that makes anything, sells anything, produces anything or employs anyone (other than a bunch of lawyers). All of these cases involve what I call “patent trolls” – which others more demurely call Non-Practicing Entities, or Patent Assertion Entities — as plaintiff. It is a problem that is only becoming worse for companies like SAS for one simple reason: it is a business model that is incredibly cheap to pursue, remarkably profitable to the pursuers, and disproportionately damaging to the victims."

This statement was highlighted by Groklaw, which recently made some suggestions for the debate of the USPTO. Here is more of it:

Here's Groklaw's response to the USPTO's request for suggested topics for discussion in the future by the Software Partnership. We just sent it to the USPTO today.

We are also publishing here on Groklaw a more detailed supplement on those four topics, explaining in depth why we propose them, with references, on the theme, "Using Semiotics to Identify Patent-Eligible Software". The supplement is referenced in the document sent, if they wish to read more in-depth arguments, based on interest level.


Groklaw shows how, based on the report "Top U.S. lawyer to high court focuses on antitrust, patent cases", further action is expected to be taken. Lastly, the troll InterDigital [1, 2] is mentioned by patent lawyers. No signs of trolls being impeded by government action just yet. Lots of rhetoric and promises, no actions at all.

Here is a former US prosecutor turning into a troll:

High-profile former U.S. federal prosecutor Andrew Stolper said Tuesday he had teamed up with an ex-FBI agent to form a private equity firm specializing in litigation finance, a growing business in the legal industry. Stolper, whose career included the ill-fated Broadcom case in 2009, said Crux Capital launched on Monday. He resigned last week from his position with the U.S. Attorney's office in Santa Ana, where he had worked for 10 years. The litigation finance boutique, based in Irvine, Calif., will specialize in plaintiff's commercial litigation and eventually staff up to about five people.

A spokesman for the U.S. Attorney's office declined to comment about Stolper's move into private practice.

A U.S. District Court judge singled out Stolper for criticism when he dismissed criminal stock fraud charges against Broadcom Corp co-founder Henry T. Nicholas III in 2009, citing a "shameful" prosecution campaign to intimidate witnesses.


And now, having had a career as a 'servant', this man simply becomes a patent troll. The government seems to manufacture more trolls than it ever stops (zero). What ever happened to the antitrust complaint against MPEG-LA? Despite Promises™ and Hope€® (when it comes to patent policy), President Obama is no better than his predecessors when it comes to tackling patent mess.

Recent Techrights' Posts

Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
 
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Flying in 2025
worse than ever before
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025