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

06.10.13

White House Should Go After the Trolls’ Ringleaders, Not Just Patent Trolls

Posted in Microsoft, Patents at 3:18 am by Dr. Roy Schestowitz

Knocker

Summary: Why the stance of the White House is misguided and short-sighted in an age when trolls are like mercenaries for players in conspiracies and pyramid schemes of patents

Patent trolls have stolen all public attention from issues associated with software parents. Since large corporations lobbied their elected Congress on this matter, Change We Can Believe in was inevitable. Now that patent trolls are a big deal in the news (this issue has become very prevalent) we are at least reassured that one single aspect of the problem, for instance the patent proxies Microsoft uses, will get addressed. But it’s only the start. How big does a troll have to be to get exempted? If Microsoft uses Nokia to feed patent trolls like MOSAID, does that mean that Nokia and Microsoft too will come under the hammer or the gavel? If Bill Gates’ and Microsoft allies like Intellectual Ventures (IV) litigate through small proxies (potentially thousands of them), how will those two giant racketeering operations be handled? Well, it depends on the proposals put forth and accepted. Some proposals only go after trolls at the litigation level, leaving racketeers at the top more or less immune to federal action. As pointed out the other day, shell entities are at it again, serving Microsoft, Gates, and IV. To quote:

Intellectual Ventures Responds To This American Life & President Obama By… Filing More Patent Lawsuits

Ah, Intellectual Ventures. Over the weekend, This American Life ran their report updating a critical look at Intellectual Ventures from two years ago by showing that the shell company, whose patent IV had insisted was a perfect example of IV helping small inventors get their due was (a) completely bunk and invalidated in court, and (b) despite IV “selling it off,” 90% of the profits from the approximate $100+ million that was raised via shakedown threats with that patent… went back to IV. On Tuesday, President Obama came out strongly against patent trolling, and part of his proposal would require revealing who was really behind various shell companies.

The many articles regarding this reform don’t delve into the subject of trolls as proxies. Moreover, as pointed out here, opportunities to actually tackle the problem and not just allude to it were previously missed. About Rader, TechDirt writes:

Also, you’d think that, as the chief judge on the court that handles all patent appeals, Judge Rader would have had a chance to not just do what he suggests judges should do… but to create a precedent for district courts to adhere to on that point, rather than just writing about it in the NY Times.

Here is the latest from the New York Times and Red Hat’s take on it. They both seem not to concentrate on proxy strategies. Dan Mitchel, writing for CNN, says “There are parallels between today’s trolls and the so-called sharks of the 19th century.”

He closes with the following remarks: “In fact, that’s already occurring. It could be that the panic we’re seeing among champions of innovation is actually the beginning of the end of patent trolls, at least in the current era.”

Patent trolls are far from the only issue. Simon Phipps acknowledged that by writing:

The president’s follow-up to his frank condemnation of patent trolls is welcome, but we need more

More can be found in Simon’s blog.

When corporations and lobbyists (not developers) call the shots it is hardly surprising that only small patent aggressors but never the large ones get chased by the government. Pamela Jones, a paralegal, wrote about the abundance of lawyers (many lobbyists too are lawyers by training and trade) when she said:

The President is a lawyer, after all. So it’s not a total surprise that he understands what Lemley wrote. Here’s the paper [PDF], if you’d like to read it for yourself. And here’s Professor Lemley tweeting that he noticed that the President’s suggestions included one about functional claiming.

The stance of the White House [1, 2] on this matter has not been ideal because the debate is still dominated by lawyers, the non-practising stakeholders. Here we have McDermott Will & Emery writing about the selling of patents/copyrifghts, advising against FOSS:

Buyers are becoming more and more aware of the risks and potential liabilities associated with open source code—and the increasing use of open source code as developers “cut and paste” code from various projects.

These are some of the talking points emanating from Microsoft friends like Black Duck and OpenLogic.

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 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  2. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  3. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  4. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  5. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day



  6. BlackBerry -- Like Microsoft Nokia -- Could be the Next Patent Proxy Troll

    BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft



  7. After Microsoft's Soft Bribe Some Non-Technical Deputy Does Not Like Free Software, Microsoft-Linked Media Responds to This Non-News by Making Bogus Claims of Munich Leaving GNU/Linux (Updated)

    The subversive forces that have secretly been attacking Munich over its migration to GNU/Linux (Microsoft press, Gartner, and even HP) are back to doing it while China and Russia follow Munich's lead



  8. Gates Foundation CFO Quits and Debate About Revolving Doors Recalled Amid Systematic and Shrewd Bribery of Public Officials

    More officials step out of the Gates Foundation and their destination is not known yet; Gates continues to corrupt the public sector with his money so as to increase personal gain at taxpayers' expense



  9. Links 19/8/2014: GNU/Linux Raves and Alternative to Proprietary Voice Chat

    Links for the day



  10. Links 18/8/2014: Linux 3.17 RC1, Escalation in Ferguson

    Links for the day



  11. Gartner Group Advocates Using Defective Software With Back Doors

    Despite strong evidence that Microsoft has been complicit in illegal surveillance, Gartner continues to recommend the use of Windows and other espionage-ready Microsoft software



  12. The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

    Roundup of news about patent aggression by Microsoft and some of its proxies



  13. Links 16/8/2014: Microsoft Linux, US Government Turns to Free Software

    Links for the day



  14. Links 15/8/2014: Reiser4 in Headlines Again, GNOME and KDE Events Finish

    Links for the day



  15. Links 14/8/2014: Kernel Summit Coming, KMix on KDE Frameworks 5

    Links for the day



  16. Shameless Microsoft Spin is Blaming China for Microsoft's Misconduct and Back Doors While Justifying Massive Losses in Hardware (Made in China)

    A new look at how Microsoft-friendly media takes negative Microsoft news and turns that news into some kind of scandals where Microsoft is the victim



  17. Microsoft Spin in the Media Evokes 'New Microsoft' and New Back Doors

    Some new examples of Microsoft boosters rewriting history, characterising Microsoft as a FOSS champion, and generally weak/shallow reporting on Microsoft's audio/video surveillance software



  18. Links 13/8/2014: GNU/Linux as Winner, New Snowden Interview

    Links for the day



  19. Reader's Article: Skype Spying Reaches New Levels of Blatant

    Forced 'upgrades' of Skype give useds [sic.] of Skype more than they asked for



  20. The Problem is Software Patents (and Scope), Not Patent Trolls Who Abuse Them Just Like Large Corporations

    Reminder of the dangers of losing sight of the real patent problem, which is the patents themselves, not necessarily those who use them



  21. Fraud in the USPTO and CAFC Helped Apple Launch Frivolous Patent Lawsuits Against Linux/Android, Based on New Withdrawals

    Inherent corruption in the US system has aided Apple's assault on east Asian electronics giants that use Linux at the core of their products



  22. Investigation Reveals That USPTO is Corrupt, Time to Abolish It or Annul Nearly a Million Patents

    Corruption is found at the heart of the USPTO and the USPTO works hard to hide it, despite attempt by whistleblowers to bring this corruption to light



  23. Links 13/8/2014: Red Hat Enterprise Linux 6.6 Beta, Tizen in Watches

    Links for the day



  24. Links 12/8/2014: Chromebooks Surge, OpenGL in the Headlines

    Links for the day



  25. Bill Gates is Profiting By Diverting Public Money to His Own Pocket and Reducing Wages

    Gates' lobbying for companies he is an investor of and for lower salaries inside companies he is investing in (and managing) comes as no surprise



  26. Microsoft is Still Attacking Open Standards, So Khronos Does Not Need the Microsoft Moles

    Having attacked the industry's document standard OpenDocument Format (ODF) while pretending to have 'embraced' ODF Microsoft is now pretending that it is eager to support OpenGL



  27. Another Depressing Look at the Patent Systems in the US and in Europe

    A roundup of news about patent monopolies and in particular the immense power wielded by giant multi-national corporations that steer the debate and acquire trans-Atlantic monopolies on ideas, always against citizens' interests



  28. Links 11/8/2014: DEFT 8.2, Linux Mint on Debian Stable

    Links for the day



  29. Links 9/8/2014: Knoppix 7.4.0, GNU Linux Libre 3.16

    Links for the day



  30. Links 8/8/2014: Qt a Separate Company Again, KDE Frameworks 5.1 Released

    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