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

12.03.17

IAM in Think Tank Mode Promotes Patent Maximalism, Characteristically Sponsored by the Patent Microcosm

Posted in Asia, Australia, Patents at 1:52 pm by Dr. Roy Schestowitz

IPBC Australasia

Summary: Another week of IAM lobbying for patent maximalism in the United States, Australia and Asia, as well as the obligatory promotion and whitewashing of large patent trolls

IAM never gets tired because it’s being paid to press on with its agenda in its capacity as lobbyist/think tank. More sites out there ought to rebut the weak arguments made by IAM, but as we’ve stated for years, coverage regarding patents is largely controlled by the patent microcosm. They even infiltrate the mainstream media, which either quotes uncritically or hands over the platform (for lack of proficient journalists who grasp patent law). This is a very serious problem.

Last week IAM organised another lobbying event, obviously funded exclusively by the patent microcosm (see list of sponsors) and stacked in the panel sense with the patent microcosm. Those attending (again, the patent microcosm) will only hear what they want to hear (and tell officials), so in effect it’s another echo chamber where the patent microcosm preaches to the choir and maybe some public officials in Australia and Asia. Among those speaking? Shelston IP, which we covered last month and also last year (on several occasions). It’s lobbying both Australia and New Zealand for software patents, thankfully to no avail.

“Corporates from Australia and New Zealand ignore IP issues in Asia’s developing countries at their peril,” IAM wrote, “delegates to IPBC Australasia heard today.”

‘Delegates’…

The whole thing was a charade and a lobbying opportunity, facilitated as usual by IAM and sponsored by those who have plenty to gain. IAM has basically just given a lobbying platform to malicious and parasitic firms like Shelston IP which push an extremist agenda.

To quote a portion:

Of course there was also no shortage of discussion of the local IP dynamics facing Australian and New Zealand companies. The recent IP policy recommendations made by the Australian government elicited strong debate on both sides, particularly over the usefulness of the second-tier innovation patent, which the government plans to abolish. For moderator Grant Shoebridge of Shelston IP, it was a reminder that what he called an “anti-innovation mindset” can create its own species of IP risk, much closer to home.

Shelston IP as a moderator? Seriously?!

Shortly beforehand IAM resumed its lobbying against the USPTO, where software patents had been severely weakened. With Andrei Iancu sounding almost like a ‘mole’ of the patent microcosm inside the USPTO, IAM must feel emboldened. Here is what it said: (it mentions David Kappos, a lobbyist, as well as Coons, a politician for patent trolls)

In response to a question from Senator Coons, Iancu admitted that he was well aware of some of the strident criticisms levelled against the post-issuance review process – a particular sore point for some patent owners – and admitted that, in some cases, those criticisms were justified. “It’s true that the system is heavily criticised and that’s important to note because if the inventor community does not have confidence in the IP system then investments do not get made and inventions slow down and the economy doesn’t benefit,” he commented. He took a similar line when asked about patent eligibility in the wake of the recent string of Supreme Court cases which have thrown the issue into some level of confusion – particularly with regard to medical diagnostic and computer implemented inventions.

[...]

Just two senators, committee chairman Senator Grassley and Senator Coons, the author of the STRONGER Patents Act and one of the few legislators with a keen interest in the functioning of the patent system, remained to ask questions. That apparent lack of interest from many committee members and the relatively benign questions that Iancu faced suggest that his confirmation should be straightforward. The job awaiting him is anything but.

The STRONGER Patents Act (last mentioned by us last month as it’s pretty much dead and barely even mentioned by anyone any longer) will hopefully receive a cold shoulder from Iancu and the likes of him (although it’s not for him to decide on). Those who still mention the STRONGER [sic] Patents Act are those who try to promote it. Expect no mention of it next year. It’s a lame duck, more so than the UPC.

Last but not least, watch how IAM interacts directly with and props up a patent troll, Provenance Asset Group [1, 2]. This is why we started referring* to IAM as the “patent trolls’ lobby”. Inadvertently, IAM has become a valuable source to those who try to keep abreast of patent trolls and their activity. Provenance Asset Group CEO Dan McCurdy is referred to as some kind of expert rather than a troll. IAM amplifies apologists of patents trolls, so why not quote him and others as follows?

As well as McCurdy’s comments about why the Yahoo! assets had so far failed to find a buyer, the panel discussion also looked at a range of other reasons for why patent deals fall apart. Friedman pointed out that deals often face competition from other assets such as real estate, which might be more appealing and perhaps better understood than an IP transaction. Plus dealmakers in the IP space still run up against a familiar narrative which can turn investors off. “The zeitgeist on Wall Street is that anyone who asserts a patent is a troll,” Friedman commented. “We’ve had deals fall apart because an investor has this irrational fear of assertion.” Creating a competitive dynamic for patent assets with that kind of concern is still a huge challenge for dealmakers. Just ask Yahoo!.

The above contains a falsehood. People allude to entities which create nothing (like Provenance Asset Group) and “assert a patent” (euphemism for lawsuits/extortion) as trolls. Is Friedman one of those people who fail to grasp the simple fact that entities which sue and make absolutely nothing are by definition trolls? Nobody wants to be called a “troll”, so they just lie to themselves about what they do and what they really are. Even IAM, which hides behind euphemisms such as “asset management”, is little more than a facilitator or enabler of patent trolls.
_____
* We also call Watchtroll that. Watchtroll is such an utterly dumb site that it not only lobbies for patent trolls but also said “Pirated Free Software” yesterday. Fredrik Ohrstrom actually alluded to Minix. It’s not an issue if BSD-licensed (like Minix), yet he used that to fling a lot of FUD at “Free Software”. Watchtroll is a premiere source of misinformation, albeit misinformation which comforts the patent microcosm.

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. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  2. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  3. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  4. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  5. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  6. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  7. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  8. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  9. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  10. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  11. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  12. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  13. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  14. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  15. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  16. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  17. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  18. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  19. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  20. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  21. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  22. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  23. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  24. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  25. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics



  26. Links 13/4/2019: Wine 4.6 and Emacs 26.2 Released

    Links for the day



  27. Links 12/4/2019: Mesa 19.0.2, Rust 1.34.0 and Flatpak 1.3.2 Released

    Links for the day



  28. Caricature: EPO Standing Tall

    A reader's response to the EPO's tall claims and fluff from yesterday



  29. The EPO is Slipping Out of Control Again and It's Another Battistelli-Like Mess With Disregard for the Rule of Law and Patent Scope

    The banker in chief is just 'printing' or 'minting' lots and lots of patents, even clearly bogus ones that lack substance to back their perceived value



  30. Global Finance Magazine Spreads Lies About the Unitary Patent and German Constitutional Court

    Alluding to the concept of a "unified European patent," some site connected to Class Editori S.p.A. and based in Manhattan/New York City tells obvious lies about the Unified Patent Court (UPC), possibly in an effort to sway outcomes and twist people's expectations


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