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.
  • Reddit
  • email
  • Google Bookmarks

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. The Internet Archive Doesn't Forget, Whereas the Internet and the Web Forget Very Fast

    World Wide Web history is grossly undervalued and preservation of such history (e.g. by the Wayback Machine) is taken for granted by far too many people; the robber barons of today benefit the most from erosion of collective memory as they get to rewrite the past to suit their present and future interests



  2. Environmentalism and Free Software Can be Viewed as Closely Connected and Help One Another

    Modest lifestyles are an overlapping pattern in the Free software community and green activists; there's room for alliances and collaboration, bettering society by reducing consumption and discouraging voyeurism



  3. Free (as in Freedom) Software + Social Control Media ≠ Free Speech

    Speaking through middlemen and private platforms is bad enough (that gives others unjust power over speech); to claim that because the underlying platform is free/libre software it therefore becomes a non-issue is also dishonest



  4. António Campinos: President or Quasi-Autocratic Corporate Puppet?

    The culture of oppression — and censorship of evidence of oppression — is what today’s EPO is all about; the EPO learned how to better avoid (or block) negative publicity without actually changing its ways; and due to unprecedented speech restrictions you won’t hear that from SUEPO



  5. The Media Continues to Ignore Corruption of António Campinos

    António Campinos has Croatian scandals on his lap; the obedient media, however, refuses to even talk about it (or uses COVID as an excuse to write nothing on the subject, as some journalists have told us)



  6. A Call for Patent Sanity

    The public's call for reform is motivated by improved understanding of today's debased patent system and how out-of-order (detached from its original mission statement) it has gotten; patent maximalism, if it does not completely unravel this whole system, severely discredits it



  7. Declassified US Army Field Manuals Explain Microsoft's Public Relations Strategy (Similar to Selling Imperialism to the Occupied)

    The misuse of public broadcast to brainwash the public is well understood and thoroughly exploited by both Microsoft and the Gates Foundation (which sells this ridiculous lie that the world’s richest people speak for and fight for the poorest, i.e. those impoverished by endless greed)



  8. IRC Proceedings: Friday, July 10, 2020

    IRC logs for Friday, July 10, 2020



  9. Links 11/7/2020: Slackel 7.3 Openbox, Kiwi TCMS 8.5, Librem 5 Dogwood Update 3

    Links for the day



  10. Education Without Free Software is Training or Indoctrination

    Kids need to decide for themselves what they want to do and what they wish to use when they grow up; schools need to provide general tools and the mental capacity to make good decisions (rather than make these decisions for the kids, sometimes at the behest of foreign monopolists)



  11. Links 10/7/2020: Wayland-Info, diffoscope 151 and Tor 0.4.4.2-alpha

    Links for the day



  12. European FRAND (Related to SEP) Proponent and Famed Programmer Comes to Realise That It's Actually a “Scam”

    Even people who have long promoted the practice of mandatory "licensing" (in effect patent tax one is unable to work around) are apparently changing their minds and their tune



  13. Not Even a Single Corporate Journalist Has Written Anything About These Very Important Bits of News

    Constant propaganda from patent maximalists has long infested the media, which is sometimes controlled and even bribed to set the tone and the agenda; important developments are being tucked away and require very deep digging for ordinary citizens to find



  14. IRC Proceedings: Thursday, July 09, 2020

    IRC logs for Thursday, July 09, 2020



  15. Racism in Technology (and Who Typically Lectures Us About the Subject)

    Racism is a real problem; some approaches to tackling racism, however, can also be problematic and those who take the lead 'on behalf' of victims tend to be opportunistic and privileged few (piggybacking others' grievances to further advance their financial agenda)



  16. Links 10/7/2020: Debian 8 Long Term Support EOL, Mobian Project, Mesa 20.1.3

    Links for the day



  17. [Humour] COVID-19 is Very, Very Afraid of Human Beings Making More Monopolies Instead of Fighting Together

    The European Patent Office (EPO) to the rescue! Fighting a dangerous pandemic one profitable monopoly at a time!



  18. The News is Never 'Slow', It's Just Journalism That's Slowing Down (and Investigative Journalism Coming Under Attack)

    A mix of censorship and subtle mind control contribute to misinformed societies that shape their perception or misunderstanding of the world based on false measures of authority (where money can determine what is true and what is untrue); many topics remain completely untouched, leading to apathy in a vacuum; it's very much applicable to international organisations, which are presumed benign by virtue of being multi-national or supranational



  19. Social Control Media is About Social Control and If It Doesn't Ban You It'll Shut Down Everyone's Account (One Day)

    It’s time to leave the ‘Internet rot’ which is social control media well behind us; blogging and RSS/XML may seem like a thing of the past, but they may as well become the future (again; if we make the correct and informed choices)



  20. Microsoft's Fingers in Every Pie: The Cult Mentality That Society Needs to Become Wary of

    Microsoft and its co-founder (pretending to do his for-profit 'charity' via the Gates Foundation) are trying to control the world; in the process they've moved to control even their most potent competitor, according to Gates himself, which is GNU/Linux



  21. Links 9/7/2020: Google’s Open Usage Commons, GNOME 3.36.4, Neptune 6.5

    Links for the day



  22. IRC Proceedings: Wednesday, July 08, 2020

    IRC logs for Wednesday, July 08, 2020



  23. Links 8/7/2020: SUSE to Acquire Rancher Labs, Btrfs as Default in Fedora, Qt Creator 4.12.4

    Links for the day



  24. Yes, Master

    When the Linux Foundation tells us to tone down our language we ought to remember what kind of hypocritical stance these people have (note: the above have nothing to do with slavery, either)



  25. Fraunhofer is Again Evergreening Software Patents to Maintain Its Codecs Cartel, Forcing Everyone to Pay to View/Stream Multimedia Files

    The roller-coaster of software patents on multimedia isn't stopping; we know the culprits who can be named for perpetuating this injustice



  26. [Humour/Meme] Focusing on the Bombings and Who's Included in the Bombings

    Supremacist agenda disguised as "tolerant and inclusive" is still objectionable supremacist agenda



  27. Manners Are a Good Thing. The Yardstick or the Standard of Manners Changes Over Time.

    Entirely legitimate grievances of African-Americans are being exploited by people who aren’t even African-American (and usually don’t speak for African-Americans) to warp the debate from one about software ethics and technical issues, not to mention war crimes of companies that employ many programmers, to something which is unlikely to really help African-Americans (also, they don't employ any African-Americans)



  28. IRC Proceedings: Tuesday, July 07, 2020

    IRC logs for Tuesday, July 07, 2020



  29. Links 8/7/2020: Huawei’s GNU/Linux PC, Sparky 5.12, and Endless OS 3.8.4 Released

    Links for the day



  30. [Humour] Television Channels That Don't Speak of Real Looting But Participate in Looting

    People may need to look beyond (or outside) the television screen to grasp what's going on


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