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


Patent Trolls Still Wrongly Portrayed as the Main Problem With the Patent System and Legislation Follows Suit

Posted in Law, Patents at 7:16 am by Dr. Roy Schestowitz

Statue of wisdom

Summary: Efforts to improve the patent system focus not on the real issue/s with patents but instead on phantom issues that help protect the interests of large corporations

According to some new statistics, the sordid mess of patent lawsuits is getting more serious, still. “That’s not a surprise,” insists the article. “Statistics from Lex Machina show that 2013 set a new record for new patent lawsuits. All those legal threats are giving new urgency to the patent reform debate.”

As usual, the straw man which is “patent trolls” takes all the blame, even through some entities — including universities — are selling patents to trolls. Watch the boosters of software patents using the straw man (Boston University is not directly a troll for example, so we know that not trolls are the sole issue). Blaming “trolls” is still the large corporations’ approach for diverting all attention to small offenders, using them as scapegoats while large corporations misuse patents themselves. The issue is the offence itself, not the scale of the offender.

When patents are granted on computer programs and video games (which are abstract) it should be clear that patent scope is the main problem. When new programs are introduced by the USPTO to increase the number of patents it should be clear what the source of trouble really is. Patent lawyers take sides and encourage software patents because there is money to be made from it.

Some large companies act no different from so-called trolls and the use of the term “troll” just mostly refers to scale these days. Trend Micro acted like a troll some years ago and now it receives a taste of its own poison. Consider this new article that says a “Delaware federal judge on Tuesday refused a request by Symantec Corp. and Trend Micro Inc. to partially delay two trials over a nonpracticing entity’s claims they flouted four anti-virus software patents, saying the requests came too late since trial dates had already been set.” (source)

According to Red Hat’s staff, new legislation only tackles trolls. To quote: “Patent reform may have stalled this year at the federal level, but patent trolls may soon find their actions curtailed by a number of patent abuse litigation laws that have been passed or are pending in over twenty U.S. states.

“Last year, the state of Vermont passed a law aimed at preventing “bad faith assertions of patent infringement.” The law targets the practice of sending demand letters with very little, if any information regarding the patent supposedly infringed and would require the asserting entity to provide the patent number, name and address of the company alleging infringement, and other details regarding the nature of the complaint. It is a common tactic for patent trolls, sometimes called “patent assertion entities” or “non-practicing entities” to send letters with very vague information alleging patent infringement to other businesses, both large and small, in the hopes of extorting a settlement from them to avoid a nuisance lawsuit.”

Not only trolls are doing this. Much bigger entities are doing the same thing, so this strategy would not bear fruit. Here is an example of this strategy in action: “When Santa Barbara startup FindTheBest (FTB) was sued by a patent troll called Lumen View last year, it vowed to fight back rather than pay up the $50,000 licensing fee Lumen was asking for. Company CEO Kevin O’Connor made it personal, pledging $1 million of his own money to fight the legal battle.”

The entity might be forced to pay the legal fees, but it does not address the issue of litigation by non-trolls. Here is another example. The reason we stopped focusing on patent issues some months ago is that the press gave up focusing on the real issue, focusing instead on the whole “trolls” distraction. Even Red Hat has become part of this problem.

Everyone recognises that there is a problem with the patent system, but the only voice which counts (corporations) as far as corporate press goes steers everyone away from the real solution.

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. Documents Needed: Contract or Information About EPO PR/Media Campaign to Mislead the World

    Rumour that the EPO spends almost as much as a million US dollars “with some selected press agencies to refurbish the image of the EPO”

  2. Guest Post: The EPO, EPC, Unitary Patent and the Money Issue

    Remarks on the Unitary Patent (UP) and the lesser-known aspects of the EPO and EPC, where the “real issue is money, about which very little is discussed in public...”

  3. Saving the Integrity of the European Patent Office (EPO)

    Some timely perspective on what's needed at the European Patent Office, which was detabilised by 'virtue' of making tyrants its official figureheads

  4. A Call for Bloggers and Journalists: Did EPO Intimidate and Threaten You Too? Please Speak Out.

    An effort to discover just how many people out there have been subjected to censorship and/or self-censorship by EPO aggression against the media

  5. European Patent Office (EPO) a “Kingdom Above the EU Countries, a Tyranny With ZERO Accountability”

    Criticism of the EPO's thuggish behaviour and endless efforts to crush dissenting voices by all means available, even when these means are in clear violation of international or European laws

  6. Links 26/11/2015: The $5 Raspberry Pi Zero, Running Sans Systemd Gets Hard

    Links for the day

  7. EPO Management Needs to Finally Recognise That It Itself is the Issue, Not the Staff or the Unions

    A showing of dissent even from the representatives whom the EPO tightly controls and why the latest union-busting goes a lot further than most people realise

  8. Even the EPO Central Staff Committee is Unhappy With EPO Management

    The questions asked by the Central Staff Committee shared for the public to see that not only a single union is concerned about the management's behaviour

  9. The Broken Window Economics of Patent Trolls Are Already Coming to Europe

    The plague which is widely known as patent trolls (non-practicing entities that prey on practicing companies) is being spread to Europe, owing in part to misguided policies and patent maximalists

  10. Debunking the EPO's Latest Marketing Nonsense From Les Échos and More on Benoît Battistelli's Nastygram to French Politician

    Our detailed remarks about French brainwash from the EPO's media partner (with Benoît Battistelli extensively quoted) and the concerns increasingly raised by French politicians, who urge for national or even continental intervention

  11. The Sun King Delusion: The Views of Techrights Are Just a Mirror of EPO Staff Unions

    Tackling some emerging spin we have seen coming from Battistelli's private letters -- spin which strives to project the views of Techrights onto staff unions and why it's very hypocritical a form of spin

  12. Links 25/11/2015: Webconverger 33.1, Netrunner 17 Released

    Links for the day

  13. United They Stand: FFPE-EPO Supports Suspended Staff Representatives From SUEPO

    An obscure union from the Dutch side of things at the EPO is expressing support for the suspended colleagues from SUEPO (more German than Dutch)

  14. Censoring WIPR Article About Censorship by EPO

    A testament to how terrified journalists have become when it comes to EPO coverage, to the point of deleting entire paragraphs

  15. Censorship at the EPO Escalates: Now We Have Threats to Sue Publishers

    Having already blocked Techrights, the EPO's management proceeds to further suppressions of speech, impeding its staff's access to independently-distributed information (neither ordinary staff nor management)

  16. Response to Bogus Accusations That EPO Staff Protests Are Really an Attempt to Derail UPC

    Common myths about staff protests in the European Patent Office (EPO) debunked, with some additional background and general perspective on recent events, the unitary patent (UPC) and so on

  17. New Heise Article Makes It Clear That 'Nazi'-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

    The personal attacks on a judge who was illegally suspended (a so-called 'house ban') increasingly look like the management's own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

  18. Links 24/11/2015: Asus Chromebit CS10, Second Linux 4.4 RC

    Links for the day

  19. European Central Bank Staff Committee Adds to Growing Pressure on Abusive EPO Management

    The staff representatives of the European Central Bank E-mail their colleagues -- with European Central Bank managers' approval -- regarding the European Patent Office and its attacks on staff unions

  20. Gross Violation of Workers' Rights in EPO: Denial of Christmas Vacation/Leave for Slower Workers

    A look at an E-mail from within the EPO which shows how Christmas is used to squeeze staff, urging them to work even faster (despite speed gains) or lose their Christmas leave

  21. The Bogus Narrative Floated by EPO Management: Our Judges and Examiners Are Armed and Violent

    A look at the union-busting and protest-crushing moves from high-level EPO managers, who are trying to convince politicians that they do so in an effort to stop terrorists and neo-Nazis

  22. Support SUEPO or End Up Like They and Some of the Boards Did

    SUEPO, the fast-growing staff union of the EPO, increasingly needs the support and protection offered by action and participation from staff

  23. NRC Handelsblad (Dutch Evening Newspaper) Speaks About EPO's Refusal to Accept Court Orders From The Hague

    Article explains the depths of the issues inside the EPO and the unacceptable immunity that management at the EPO continues to exploit, shaming or discrediting the very notion of the rule of law in Europe

  24. HeBS Digital and Black Duck Press Releases Treated Like Articles, Used to Muddy the FOSS Waters

    Free/Open Source software (FOSS) is under attack again, and it's the proprietary software lobby that's responsible for that

  25. EPO President Battistelli Now Intimidates Even National Delegations

    Report about an embarrassing incident implicating Benoît Battistelli and some angry comments cast over the witch-hunting of a judge, using all sorts of questionable tactics

  26. A Look at the Latest Gross Deletionism at the EPO's 'Media Partner', French Newspaper Les Échos

    The EPO's bogus 'journal of record, which Team Battistelli likes to cite in order to bolster its warped version of events at the EPO while maintaining a close secret relationship with the publisher, keeps censoring its own reporters (spiked paragraphs, silently self-censored or censored after publications)

  27. Rumour About Efforts to Dismiss a Board Judge by Intimidating Boards of Appeal

    Comment found online accuses the Administrative Council of pressuring, by threats, Directorate-General 3 to dismiss a judge who is silently accused (with selective 'leaks' to the media, reportedly orchestrated by EPO managers) but not even proven guilty

  28. President Battistelli Now Pressures/Threatens Politicians Who 'Dare' to Complain About Abuses and Unacceptable Conditions at the EPO

    Pierre-Yves Le Borgn’, a French politician, unleashes an angry letter from Benoît Battistelli and reveals just to what lengths the EPO's Team Battistelli is willing to go in order to crush political backlash

  29. EPO: It's Like a Family Business - Part IV

    Some more background information about Elodie Bergot and Gilles Requena, who are married whilst also sharing positions of power at the EPO (and also strong connections/ties with the EPO's President, Mr. Battistelli); Rumours afloat at the EPO -- some with ever-increasing circulation too -- are worth noting

  30. Translation of Thomas Magenheim-Hörmann's Article in the German Media, Urging European Politicians to Intervene in EPO Chaos and Lawlessness

    Frankfurt-based media presents an opinion piece written by a Munich-based economic correspondent, Thomas Magenheim-Hörmann


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