05.28.13

Gemini version available ♊︎

US Congress Should Stop Targeting Symptoms and Instead Tackle the Real Problem, Patent Scope

Posted in America, Law, Patents at 3:17 pm by Dr. Roy Schestowitz

And Schumer Should Focus on the Correct Target (Software Patents), Not Trolls

Scope

Summary: Alluding to the fact that politicians pursue a corporate ‘reform’ (benefiting large companies) rather than the obvious reform which the USPTO needs

Somebody called Steph Kennedy contacted me a few days ago. I had an amicable exchange with this person who runs the IP Troll Tracker site — a site which like us seems to realise that the Schumer 'reform' once again got derailed. He now speaks primarily about trolls rather than software patents/scope, which he focused on before. As Steph put it in her unique style, “I suppose on the one hand this is good news…all those software patents people don’t want issued? Well, they’ll languish forever now with the patent office reviewing cases for a living. It’s kind of like when Congress gets deadlocked: that’s a good thing because if they can’t agree? They can’t make more stupid laws.

“Throwing crazy-stupid legislation together so that you can tell your corporate constituents that you are trying to solve their problem? That’s what politicians do.”

“Motorola is a defence mechanism, not an offence mechanism to Google, but EU regulators are too misguided to see this.”She is throwing a wobbly Schumer’s way. He no longer proposes a good reform. Here is another misdirected reform coming from the US government. And another. Why the sudden focus only on trolls? As Masnick’s site puts it: “Of course, even before the law was officially on the books, it looks like Vermont’s Attorney General has already sued a patent troll under existing consumer protection laws (raising questions as to why the new law is necessary). In this case, the troll is one we’ve written about a few times. Remember the series of rotating shell companies that had
claimed that businesses who had a networked scanner need to pay $1,000 per employee? Yeah, that one.”

Here is another report about Congress targeting trolls in isolation. Politicians serve corporate interests, only going after trolls, the side effect of a rogue system. Trolls are, on occasions, a proxy for large corporations, but this is the exception rather than the norm. Microsoft seems to be doing it, Apple hardly ever does (there are a few examples where Apple does this, e.g. MPEG-LA). Google won’t use proxies like Microsoft and Apple do and it states this clearly, upfront.

Motorola is a defence mechanism, not an offence mechanism to Google, but EU regulators are too misguided to see this. completely missing the source of this issue and instead going after the victim which is trying to defend itself by expensive deterrence plan.

It is worth noting that Steph misunderstood some of the points I had made prior to the post in question, based on her response to me (posted some hours ago). Patent Troll Tracker was a lawyer, not her. The point I was making is that refocusing on trolls is often something that lawyers, politicians and lobbyists do, whereas bloggers often fall right into the same trap and lose sight of patent scope as the principal issue. The one point I disagree with Steph is that she says some companies are “actually selling off some of their patents to the trolls themselves (possibly and potentially Google and definitely Ericsson).”

Actually, while Ericsson is a good example which we covered before [1, 2, 3], she should mention Apple and Microsoft, not Google. Name even one troll which was fed by Google. None, right?

“Throwing crazy-stupid legislation together so that you can tell your corporate constituents that you are trying to solve their problem? That’s what politicians do.”
      –Steph Kennedy
A good example of an Apple- and Microsoft-backed patent troll is Intellectual Ventures, the world’s biggest patent troll. How come Congress does not tackle this extortion operation? Too big to jail or even address. As Steph put it a few weeks ago, this troll makes nothing except propaganda. She wrote: “What long-term positive PR that IV thought they were going to accomplish with this survey is anybody’s guess.”

As long as the USPTO is controlled by giants like software patents booster IBM, nothing will change for the better without a real fight.

Irving Wladawsky-Berger, an IBM veteran who endorses software patents, continues to post his pro-patents dross. These are the people who, sadly enough, control the politicians. A politicians who works for common interests is not a politicia but an activist. Strong action is needed to fix patent scope; Congress just isn’t doing it,

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] Fluffy President

    Prepare for more puff pieces and fluff from President Fluffinos, who has commandeered the EPO‘s official Web site for self-serving whitewash and promotion of illegal agenda like European software patents and a kangaroo court to approve those (UPC)



  2. Blaming Patent Examiners Who Respect the Law

    The latest comments here are quite revealing; the EPO not only breaks the law with impunity but it also challenges the very legal system (like courts) with total impunity; Benoît Battistelli and António Campinos are, in that regard, no better than Putin, just more temperamental



  3. Our Priorities and Our Future: More Gemini and More Daily Links (a Lot More Frequently)

    An informal and unscripted video that explains where we are and where we’re going



  4. IRC Proceedings: Friday, May 27, 2022

    IRC logs for Friday, May 27, 2022



  5. Links 28/05/2022: Twitter Fined for Spying in '2FA' Clothing

    Links for the day



  6. Links 27/05/2022: Trisquel 10.0.1 LTS and Perl Appreciation

    Links for the day



  7. Links 27/05/2022: Fwupd 1.8.1 and GCC 9.5

    Links for the day



  8. Visual Proof That Twitter Very Likely Faked Its Magnitude the Moment Musk et al (KSA, Ellison and so on) Wanted to Buy

    There's a very compelling case for the allegation that Twitter is defrauding shareholders and participants in the platform; Twitter is a lot smaller than it used to be (fewer people are actively involved), it is losing money, and it is so desperate to be acquired that it's shamelessly faking traffic



  9. Links 27/05/2022: Wayland 1.21 Alpha, KDE Adds Flatpak and Snap Permissions to Discover

    Links for the day



  10. IRC Proceedings: Thursday, May 26, 2022

    IRC logs for Thursday, May 26, 2022



  11. Links 27/05/2022: Many More Microsoft Security Failures (and Spin/Lies)

    Links for the day



  12. Links 26/05/2022: KStars 3.5.9 and Chrome 103 Beta

    Links for the day



  13. Links 26/05/2022: AlmaLinux OS 9.0, MooseX::Extended for Perl Introduced

    Links for the day



  14. Links 26/05/2022: Kernel Events and Systemd-Free GNU/Linux Distributions

    Links for the day



  15. Links 26/05/2022: DuckDuckGo Increasingly Exposed as Microsoft Proxy

    Links for the day



  16. EPO Celebrates Software Patents Again, Dubbing Them 'Hey Hi' (AI) and '4IR'

    The ludicrous state of the EPO is demonstrated by yesterday’s puff piece about “four million” (merely requests for monopoly in Europe; most come from outside Europe) and L’Oréal, which claims to have “invented” something that was already done in the 1990s if not the 1980s



  17. [Meme] EPO's Monkey Business: Lowering the Patent Examination Bar

    As we shall show in a moment, EPO President António Campinos has lowered the quality of patents and applications; sooner or later he might outsource the job to ‘livestock’



  18. IRC Proceedings: Wednesday, May 25, 2022

    IRC logs for Wednesday, May 25, 2022



  19. Heads of Patent Offices Are Immune to Coronavirus

    The overconfident chiefs of the U.S. Patent and Trademark Office (USPTO) and EPO might love speaking about COVID-19 (in relation to patents), but they do not take it seriously themselves



  20. Links 26/05/2022: Plex Finally on GNU/Linux

    Links for the day



  21. The General Consultative Committee of the EPO Exposes a Disaster and a Lack of Genuine Dialogue

    The General Consultative Committee (GCC) at the EPO deals with unlawful proposals from António Campinos (he’s happy to violate laws, constitutions, protocols, conventions, just like Benoît Battistelli did) and once again the abuses by managers is covered up; it’s as if the Office is run by unaccountable gangsters who arrogantly curse at everyone whilst insisting they’re the nicest people ever



  22. The Latest Letter to Josef Kratochvìl and the Heads of Delegation of the Administrative Council of the European Patent Organisation

    A week-old letter from the Central Staff Committee (CSC) to the Administrative Council of the European Patent Organisation highlights the nature of a crisis; there's no genuine dialogue and staff of the EPO (i.e. the scientists who do all the actual work) is constantly under attack



  23. [Meme] The Recordings Must Have Accidentally Been Lost While Breaking the Rules

    The EPO‘s “nicest” chief, Monopoly Tony, won’t even mention the recordings…



  24. Links 25/05/2022: ‘V Rising’ on GNU/Linux and Pearl Linux OS 11

    Links for the day



  25. Links 25/05/2022: Librem Tries Another Approach

    Links for the day



  26. IRC Proceedings: Tuesday, May 24, 2022

    IRC logs for Tuesday, May 24, 2022



  27. Links 24/05/2022: nginx-1.22.0 and WordPress 6.0

    Links for the day



  28. [Meme] Divine Protection

    You won’t find Monopoly Tony (António Campinos) wearing a mask at the EPO because the rules of the Office do not apply to him



  29. António Campinos and the Alicante Clique (EPO Management, Appointed Based on Nepotism Despite Lack of Qualifications) Nowadays Exploiting Kids for PR Charades

    The sick old habit of exploiting kids for Public Relations (PR) and marketing purposes is all too common at the EPO (they’re constantly exploiting “the children” to associate criticism of the EPO with demeaning the young and innocent), but the management — which enjoys nepotism and immunity rather than relevant skills — carries on today and it’s being called “inaugural”



  30. [Meme] Snake on a Plane

    The EPO‘s President ‘Monopoly Tony’ (António Campinos), whom you never see wearing a mask (none of the photo ops; he does not even socially distance himself from peers, he wears sneakers instead of masks) during the height of a pandemic, is the "f***ing president"; don’t tell him to wear one…


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

Recent Posts