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

04.02.18

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

Posted in America, Patents, Site News at 3:30 pm by Dr. Roy Schestowitz

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.

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. Links 13/11/2019: Docker Enterprise Bought, WordPress 5.3, Qt 5.12.6 Released

    Links for the day



  2. Rebranding Malware and Spyware as 'Linux' to Dilute the Brand (and the News)

    Signal-to-noise ratio continues to be reduced, as a lot of "Linux" news has nothing to do with GNU/Linux or even with Free software



  3. Understanding Thierry Breton: In the Beginning...

    Career roundup of Thierry Breton, possibly the next EU Commissioner



  4. Startpage Has Been Delisted, But it Ought to be Blacklisted

    Startpage has just warned its fans (I am a former fan) of what Startpage itself covertly became months back



  5. IRC Proceedings: Tuesday, November 12, 2019

    IRC logs for Tuesday, November 12, 2019



  6. Links 12/11/2019: Plasma 5.17.3, More Intel Defects, Bytecode Alliance

    Links for the day



  7. You've Gotta Go When You've Gotta Go

    How most staff of the European Patent Office (EPO) feels these days



  8. Teaser: Thierry Breton and His Disquieting Past

    "The company attracted notoriety and loathing in the UK for its role in assessing disability benefit eligibility."



  9. EPO and EU: People Behind the Faces

    It’s no secret that the EPO breaks the law and European officials have taken no concrete steps to intervene; to make matters worse, potentially new EPO allies may soon be put in charge of the EU Commission



  10. Maintaining the 'Delete Github' page

    "This list really is a starting point, which can hopefully increase awareness about the issue of concern."



  11. Linux Foundation Picking Money

    The dating standards of the Linux Foundation



  12. Microsoft 'Borrows' the Linux Brand

    With help from the likes of the Linux Foundation Microsoft continues to misuse and ‘dilute’ the Linux brand (and registered trademark)



  13. EPO Corruption Compared to Cocaine Scandals in Antwerp

    Days after the Dutch protest discussion is sort of 'uncorked' regarding EPO corruption (published, as usual, in the form of anonymous comments)



  14. SUEPO Showed That the Media Won't Cover EPO Corruption Until Half the Workers March in the Streets

    What ought to have been a central (if not 'the' central) issue of debate in Europe is still being treated as borderline irrelevant or marginal



  15. Meanwhile in California

    News from California is being spun by Microsoft this week, owing to weak journalism that's more like PR than journalism



  16. Privacy-Centric Services and Even Drupal/Acquia Defect to the Camp of Mass Surveillance

    In search of money [pun intended] companies and services that are supposed to respect their customers and users turn out to be doing the opposite; this merits research and public discussions



  17. IRC Proceedings: Monday, November 11, 2019

    IRC logs for Monday, November 11, 2019



  18. Links 12/11/2019: Sparky 2019.11 Special Editions and Twisted 19.10.0 Released

    Links for the day



  19. Microsoft's Abduction of the Voice of Its Opposition Highlights the Urgency of the Movement/Campaign to Delete GitHub

    Microsoft understands that by entrapping FOSS and GNU/Linux inside proprietary software platforms like GitHub and Azure it can utilise the false perception that it somehow speaks on behalf of both (whilst attacking both)



  20. IRC Proceedings: Sunday, November 10, 2019

    IRC logs for Sunday, November 10, 2019



  21. SUEPO Protests Against Management of the European Patent Office Brought Back Discussions About Corruption

    The atmosphere at the second-largest institution in Europe has long been toxic; now it is becoming a lot more visible again and comments highlight the reasons for the cover-up (gross misuse of billions of euros)



  22. Links 11/11/2019: Linux 5.4 RC7, HandBrake 1.3.0 and Analysis of XFCE

    Links for the day



  23. Links 10/11/2019: digiKam 6.4.0, OpenMandriva Lx 4.1 Alpha and OpenZFS Plans

    Links for the day



  24. Video: Dutch Media on EPO Protest

    The new video added by SUEPO on Saturday in order to show Dutch media coverage of last week's protest in The Hague



  25. Politics in the Workplace Are Not Paradoxical and Outside the Workplace They Are Free Speech

    The safest space is one in which no other human (or creature) exists, but in reality we must make compromises and accept that not everyone will agree with us 100% of the time (so we must learn to live with that)



  26. IRC Proceedings: Saturday, November 09, 2019

    IRC logs for Saturday, November 09, 2019



  27. Thick Skin Makes Strong Communities

    Learning to coexist with people who don't agree on everything is a strength and successful societies encourage that (the alternative is blind conformity on all matters)



  28. Training (Proprietary Software) Versus Teaching (Free Software)

    Education necessitates software freedom — a fact that companies like Adobe, Apple and Microsoft try hard to distract from



  29. The Linux Foundation Brought as Keynote Speakers People Vastly Worse Than Those Whom It Now 'Cancels' for Purely Political Reasons

    A lot of people are very upset about the Linux Foundation's alleged 'witch-hunt' and even press coverage has caught up with the outrage; but our position is that it distracts from vastly bigger Linux Foundation scandals



  30. An Open Letter to Richard Stallman

    "It's past the time for the official cornerstones of the Free software movement to return to their full operational capacity, and to take the gear out of neutral."


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