Bonum Certa Men Certa

The Latest SLAPP From the Patent Microcosm Shows Just How Abusive Patent Extremists Can be Towards Their Critics

The reality of writing about patent "scams"

SLAPP
Image source/context: Strategic lawsuit against public participation (SLAPP)



Summary: Reaffirming its commitment to a highly aggressive approach, the patent microcosm once again sends me legal threats (for merely writing about nefarious actions)

TODAY is Easter Monday here in the United Kingdom. We planned to take a break from publishing. But publishing is not easy for reasons other than motivation or need to rest etc. I certainly don't wish to write about myself (too boring a topic), but sometimes I have no choice. I'd rather focus on the issues.



In relation to a patent "scam" which we last wrote about yesterday, TechDirt has just weighed in. It wrote about what happened a week ago. Yes, I immediately shared the letter with them, knowing that they are a famous victim of SLAPP (same person who had threatened me for my postings) and knowing that they are thus familiar with such matters.

"Readers should remember that the patent 'community' is all about lawsuits, so it's only good at suing or threatening to (in order to coerce people), not really fearing disbarment for SLAPP."As some background, Michael W. Shore is the main person behind misusing tribal immunity to secure dodgy patents. US politicians are already all over this, calling it all sorts of nasty things and creating legislation to stop this (it was in the news last week). TechDirt had covered this before and it was all over the news (New York Times etc.), so we're not talking about some obscure issue. Many people in various blogs have called this a "scam", which is why I put that word in quotes. A Federal judge called it a "sham". PTAB recently ruled against it as well. There are many layoffs in Allergan these days, so they must be getting desperate. We in Techrights already wrote nearly 15 or 20 articles about this topic alone (some of these were very long). We focused on the tribes and we focused on Allergan, rarely remarking/writing about individuals (such as the lawyers involved).

Readers should remember that the patent 'community' is all about lawsuits, so it's only good at suing or threatening to (in order to coerce people), not really fearing disbarment for SLAPP. Such disbarment very rarely happens. It's like they feel immune (and enjoy impunity) from a political system that is dominated by lawyers. The said action is just the latest of the abuse I receive for covering patents. There's more of it (this one I made public because it's very obviously frivolous). The USPTO should get its house in order/check because those patents that it grants are fueling/empowering a bunch of bullies, who not only threaten companies (patent trolling and blackmail) but also reporters, bloggers, critics etc. Coming to their rescue are extremist sites like Watchtroll, which are so eager to 'kill' PTAB that they post attack pieces almost every day (today too there was a piece about PTAB, this time by Hans Sauer and Melissa Brand). PTAB bashers are crazy. Some have even become racist and menacing. They're not pleasant people. They're schoolyard bullies.

"Legal threats like these aren't new; this has been done to me before, I think about half a dozen times (e.g. Charlatan Shiva, who claimed credit for inventing E-mail as soon as the real inventor of E-mail died)."Interestingly enough, the above-mentioned threat (good summary with background at TechDirt) came on around the very same day IP Kat published "Right of publicity not a right to control one's own image by censoring disagreeable portrayals, says appeals court in de Havilland case" (how timely an article!).

Legal threats like these aren't new; this has been done to me before, I think about half a dozen times (e.g. Charlatan Shiva, who claimed credit for inventing E-mail as soon as the real inventor of E-mail died). Readers certainly know that the EPO sent me several legal threats. It's just legal bullying from reckless thugs whose intent to silence critics; even if there's no lawsuit it's supposed to 'chill' the critics and thereby suppress further reporting (or other activities). After the EPO had done what it did (legal threats) it only emboldened me to write even more about the EPO and the latest case (misuse of tribal immunity) will be no exception. I will write about it even more from now on.

"If you 'dare' write about patents critically (as in critical thinking, no puff pieces) and you make a difference/have an impact, expect to be bullied."TechDirt has published the PDF that the bullies sent to me (as image; lawyers do not like sending a copy-paste-friendly version of their threats; they never do). I have no idea how he got my home address (whois.net has another address), so I am guessing that law firms might have some special access to some databases, but IANAL (I Am Not A Lawyer). The PDF says it was sent by FedEx, but it was never sent (or at least not received), so it's probably part of an intimidation tactic, sending someone to one's home to 'chill' the person even further (or a relative like my spouse). I have received some rather nasty and borderline violent threats/letters lately and would rather not have my address out there for all to see. That is the kind of stuff which can chill not only the critic but also family members or other tenants. Pure evil.

What is the lesson of all this? If you 'dare' write about patents critically (as in critical thinking, no puff pieces) and you make a difference/have an impact, expect to be bullied. The EFF has already gotten sued (repeatedly in fact) by people whose patents it 'dared' criticise. It always won the cases. But at what cost (legal expenses)? To think that 'tiny' Techrights too has become a target may make it noteworthy. But that won't silence us.

Recent Techrights' Posts

FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024