Bonum Certa Men Certa

Focus on Patent Trolls Persists, With Increasing Use of Euphemisms Such as NPEs and PAEs

From IAM's Web site (NPE 2016 could be crudely called Patent Trolls 2016)

NPE 2016



Summary: The debate about patent trolls (not patent scope) carries on in the media and events that improve the image of trolls are being organised by some of the media (paid by these trolls)

PATENT trolls are a big problem, but they are also a symptom of a much broader problem, notably software patents which can target a whole lot of companies that don't manufacture things, e.g. online retailers.



IAM, which receives money from patent trolls, says that "legislation [...] balanced between patent owners and users of IP" (what about the public? Externality?) when it writes about patent reform. IAM currently organises and runs an annual event for patent trolls, who paid IAM to set this up (they are partying like patent trolls and getting flak from critics). Watch what guests they attract. If one makes a living by just passing around patents and threatening companies, that's no constructive career. It's parasitic and it injures the reputation of legitimate companies and legitimate patents. IAM itself doesn't seem to recognise software patents when it sees them, or hosts those who use an old line ("We don’t rely on any patents that are purely software patents" or "Patents are such emotional things, people have this emotional barrier that they’re paying for nothing").

"If one makes a living by just passing around patents and threatening companies, that’s no constructive career.""What licensees are not paying for is solutions," wrote Florian Müller in response to the above, "normally don't need to read patent docs to solve software problems." He later took note of patent trolls as proxies, alluding to the latest from Unwired Planet, which trolls Europe (Microsoft also does it, e.g. Intellectual Ventures). This is not OK. An articles roundup from Jim Lynch put it like this: "Microsoft has long sought to build credibility with the open source community, but it continues to shoot itself in the foot by forcing companies to pay for its Android patents. This has led some in the open source community to remain sour on Microsoft and its business practices."

Intellectual Ventures is attacking Android too, not just Microsoft (the headline "Microsoft still forces companies to pay for its Android patents" could be expanded to "Microsoft and its patent trolls still force companies to pay for alleged Android patents").

"It’s parasitic and it injures the reputation of legitimate companies and legitimate patents."The EFF, in the mean time, speaks about the Venue Act these days (it tackles patent trolls, but not software patents), getting the attention of pro-patents sites like MIP and also patent sceptics like TechDirt. One side says that "US Senators Flake, Gardner and Lee have introduced the Venue Equity and Non-Uniformity Elimination (Venue) Act. The bill aims "to ensure that venue in patents cases is fair and proper". The latter side says:

Patent reform is a constant legislative topic, even though what passes for reform generally tends to be heavily-watered down by the time it moves out of the House or Senate. One of the most abused areas of patent litigation is venue selection. Small towns in East Texas have become hosts to parasitic lifeforms known as "Non-Practicing Entities" -- shell companies whose only product/service is litigation.

Jason Rantanen, guest posting at PatentlyO, suggests eliminating venue shopping might be a compromise parties involved in patent reform might be able to unite behind. Presumably, this means legislators, rather than patent trolls, who aren't going to be willing to give up the "home field" advantage that easily. The problems with the current venue-shopping system are laid out by Rantanen in this sentence.


We don't think this would ever be sufficient because patent trolls can endure all sorts of courts. With the UPC, for instance, some time soon they might be able to also troll companies all over Europe with just one legal case in a software patents-friendly German court.

"They used to speak about software patents, but corporate pressure seems to have changed that."Professor Mark Lemley, an academic who often bemoans patent trolls, has just highlighted this new paper from John Allison, adding: "My latest study shows PAEs almost never win patent suits. Neither do software patentees, practicing or not."

PAEs is a euphemism for particular types of trolls, such as Unwired Planet above (it's effectively like a legal firm for Ericsson and it has gone on for years). The paper's abstract says: "Much of the policy debate over the patent system has focused on the perceived problems with non-practicing entities (NPEs), also called patent trolls. Drawing on a comprehensive data set we built of every patent lawsuit filed in 2008 and 2009 that resulted in a ruling on the merits, we find that the situation is rather more complicated than simply operating companies vs. NPEs. While operating companies fare better in litigation than NPEs overall, breaking NPEs into different categories reveals more complexity. Patent Assertion Entities (PAEs) in particular win very few cases. Further, once we remove certain pharmaceutical cases from the mix, no patent plaintiff fares very well. That is particularly true of software, computer, and electronics patents."

It is still rather worrying that not only the media but academia too (not to mention activism of EFF) focuses so much on patent trolls rather than patent scope. They used to speak about software patents, but corporate pressure seems to have changed that.

Recent Techrights' Posts

In defence of JD Vance, death of Pope Francis
Reprinted with permission from Daniel Pocock
Three Years in Prison for Disney Employee’s ‘Menu Hacking’: The Economic Fallout of Digital Menus
Reprinted with permission from Ryan Farmer
Approaching 10,000 Articles/Pages Since Going Static
Trying to silence or derail the site was always a dumb strategy
Microsoft is Shedding Off Loads of Staff and That Can be Dangerous Too
Working for Microsoft is a choice; nobody forces you to do it
Richard Stallman and the Unix Philosophy
When asked about systemd people must remember that RMS speaks as an active Board member of the FSF and also the founder of the FSF
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Serial Sloppers Are Killing the Web (They Probably Don't Care, Either)
Slop is a disease on the Web
 
Links 26/04/2025: NOAA Budget Cuts and "Dog Days Ahead"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 25, 2025
IRC logs for Friday, April 25, 2025
Links 25/04/2025: Slop Fatigue and Patent Judges Flocking to Fake, Unconstitutional and Illegal Kangaroo Court (UPC, Captured 'Justice')
Links for the day
Gemini Links 25/04/2025: Night Manager and Devuan in Hosting
Links for the day
Windows Falls to New Lows in Nicaragua, Now Below a Quarter (It Used to be Almost 100%)
Another all-time low for Windows
The Cost (to Linux) of LLM Slop
Slop 'artists' like Fagioli are far from harmless
Links 25/04/2025: Ubisoft Spyware, Hegseth Fails at Tech on Every Level
Links for the day
Gemini Links 25/04/2025: Food Forest Update and Facebook Destroying the Net
Links for the day
Streaming Apps Are “Investor Fraud” That Kills the Planet
Reprinted with permission from Ryan Farmer
Things Get Increasingly Nasty at Microsoft Ahead of the Fake Results and May's Mass Layoffs Wave
They try to get people to 'resign' so that they won't count as layoffs and the company's 'wellbeing' will seem better
IBM's Debt Ballooned by 8.5 Billion Dollars in Just 3 Months!
Hallmark of a company in a state of disarray, trying to spend its way out of trouble
Big Trouble in GNOME
even GNOME people admit the CoC went wrong
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025