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08.13.14

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

Posted in Apple, Microsoft, Patents at 3:52 am by Dr. Roy Schestowitz

Just as weapons proliferation is an issue, not merely those who may use them

Fallout shelter

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

Abusive, frivolous lawsuits against Linux by Apple and by Microsoft should make it perfectly clear that not only patent trolls are the problem. TechDirt now focuses on Innovative Display Technologies, noting that it is a troll, but what about Microsoft and Apple? Are they any better just because there are a few products coming out from them? Or because they are not based in Texas only for the purpose of litigation? As TechDirt points out, “Innovative Technologies, LLC of Austin, Texas doesn’t make any products or even have its own website. What it does have, however, is a handful of weaponized patents its parent company, Acacia, acquired from “we’re not a patent troll” Rambus. It’s using a handful of display-related patents to sue anyone who utilizes an integrated LCD screen. Its latest targets are cell phone distributors like Verizon, AT&T and Apple, but other lawsuits have also been filed against auto manufacturers (Volkswagen, Mercedes-Benz, Mazda), camera companies (Canon, Nikon) and GPS suppliers (TomTom, Garmin).”

“It is not too shocking to find that lobby groups of corporations would rather divert all the attention to trolls in an effort to distract constructive debates.”But how is this troll different from Apple and Microsoft? All of them abusively sue companies that succeed at selling products, usually in very large numbers. The problem here is the patent themselves, not the person or the entity using them. “Software patents called into question” is the title of this new article that mostly quotes patent lawyers (like asking BP and Shell about green/alternative energy sources) but at least, quite correctly, contends that software patents (the favourite weapon of patent trolls) are now in trouble. To quote from one among 3 pages that largely contain quotes from patent lawyers: “Last month’s Supreme Court decision in the case of Alice Corp. Pty. Ltd. vs. CLS Bank International is one of the more interesting findings applicable to businesspeople among software cases, according to von Simson. It’s yet another decision showing that software patents are being cut back.”

Techrights has consistently opposed the line of reform that goes after trolls rather than the real problem, which is rather clear to see and very simple to resolve (provided corporations, which control the US government, wish to resolve it). It is not too shocking to find that lobby groups of corporations would rather divert all the attention to trolls in an effort to distract constructive debates.

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