Bonum Certa Men Certa

Patents Need to Exist Only to Pass Information Around and Keep Good Ideas Alive, Not to Feed Litigation Firms and Litigation 'Enthusiasts'

Litigation was never the intended purpose of patent systems. Litigation 'industries' or "Big Litigation" just took over the systems.

Sue all the inventors. Litigation first!



Summary: The current situation or the status quo where legal professionals are advised not to even look at patents means that patents aren't for "information" and "innovation" anymore; moreover, calling them "intellectual property rights" (or IPRs) is spreading a malicious lie

"Patent" means not a "right"; it does not mean "property" either. It might be the product of intellect, but calling it "IPR" is a deliberate lie. A patent is, in effect, a temporary monopoly, granted by an authority like some government in exchange for sharing of original ideas (not thought of or attempted before). Patent systems have become so misguided that they actually teach people never to read patents (whose whole purpose was to disseminate knowledge!) and then they resort to calling patents a "property" and a "right" -- as if to imply those defying the monopoly are "thieves" who "steal" like "pirates". We reject that sort of nonsense. Go back to the genesis of patent systems and study their original purpose. Their 'mission statement', so to speak...

"Go back to the genesis of patent systems and study their original purpose."Now that monopolies are being sold to rogue actors the concept innovation is all lost. So-called 'patent trolls' clearly weren't envisioned by people who conceived the system. A lot of people rightly argue that passage of monopolies from one person/entity/company to another should be verboten.

"A survey by Patent Scholar found that 37% of researchers in the electronics and software space reported having been instructed not to read patents," Stanford Law said this week, citing this report about another Gilstrap case. From outside the paywall:

A recent ruling in the Eastern District of Texas has called into question the practice of not reading patents as a way for companies to shield themselves from claims of willful infringement, potentially putting some businesses in a Catch-22.

The ruling from U.S. District Judge Rodney Gilstrap came in a lawsuit Motiva Patents brought against HTC accusing the electronics maker’s Vive virtual reality system of infringing several patents covering technology for tracking a person’s movement.

While deciding a motion to dismiss, the judge found HTC’s alleged policy of prohibiting its employees from reading patents can support a claim for willful infringement...


Even the most overzealous judges/activists cannot deny that software patents are worthless (even if they're activists looking -- by their own admission -- to attract patent trolls) should simply accept that the patent system has gone all wrong/rogue in the Eastern District of Texas. Gilstrap's rejection of 35 U.S.C. ۤ 101 and SCOTUS caselaw notwithstanding, what we have here is what the article abve calls "Catch-22". The way things nowadays work may mean that actively dodging or working around known monopolies would cause damage to oneself. Therefore, people no longer read patents; they actively refrain from such an activity. So what on Earth is even the point of this system? Patent offices like to speak in terms such as "patent information", but if such information is just a liability and a legal landmine, who would even bother?

Recent Techrights' Posts

Comparing U.E.F.I. to B.I.O.S. (Bloat and Insecurity to K.I.S.S.)
By Sami Tikkanen
New 'Slides' From Stallman Support (stallmansupport.org) Site
"In celebration of RMS's birthday, we've been playing a bit. We extracted some quotes from the various articles, comments, letters, writings, etc. and put them in the form of a slideshow in the home page."
Thailand: GNU/Linux Up to 6% of Desktops/Laptops, According to statCounter
Desktop Operating System Market Share Thailand
António Campinos is Still 'The Fucking President' (in His Own Words) After a Fake 'Election' in 2022 (He Bribed All the Voters to Keep His Seat)
António Campinos and the Administrative Council, whose delegates he clearly bribed with EPO budget in exchange for votes
Adrian von Bidder, homeworking & Debian unexplained deaths
Reprinted with permission from Daniel Pocock
Sainsbury’s Epic Downtime Seems to be Microsoft's Fault and Might Even Constitute a Data Breach (Legal Liability)
one of Britain's largest groceries (and beyond) chains
 
People Don't Just Kill Themselves (Same for Other Animals)
And recent reports about Boeing whistleblower John Barnett
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 18, 2024
IRC logs for Monday, March 18, 2024
Suicide Cluster Cover-up tactics & Debian exposed
Reprinted with permission from Daniel Pocock
Gemini Links 19/03/2024: A Society That Lost Focus and Abandoning Social Control Media
Links for the day
Matthias Kirschner, FSFE: Plagiarism & Child labour in YH4F
Reprinted with permission from Daniel Pocock
Linux Foundation Boasting About Being Connected to Bill Gates
Examples of boasting about the association
Alexandre Oliva's Article on Monstering Cults
"I'm told an earlier draft version of this post got published elsewhere. Please consider this IMHO improved version instead."
[Meme] 'Russian' Elections in Munich (Bavaria, Germany)
fake elections
Sainsbury's to Techrights: Yes, Our Web Site Broke Down, But We Cannot Say Which Part or Why
Windows TCO?
Plagiarism: Axel Beckert (ETH Zurich) & Debian Developer list hacking
Reprinted with permission from Daniel Pocock
Links 18/03/2024: Putin Cements Power
Links for the day
Flashback 2003: Debian has always had a toxic culture
Reprinted with permission from Daniel Pocock
[Meme] You Know You're Winning the Argument When...
EPO management starts cursing at everybody (which is what's happening)
Catspaw With Attitude
The posts "they" complain about merely point out the facts about this harassment and doxing
'Clown Computing' Businesses Are Waning and the Same Will Happen to 'G.A.I.' Businesses (the 'Hey Hi' Fame)
decrease in "HEY HI" (AI) hype
Free Software Needs Watchdogs, Too
Gentle lapdogs prevent self-regulation and transparency
Matthias Kirschner, FSFE analogous to identity fraud
Reprinted with permission from Daniel Pocock
Gemini Links 18/03/2024: LLM Inference and Can We Survive Technology?
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 17, 2024
IRC logs for Sunday, March 17, 2024
Links 17/03/2024: Microsoft Windows Shoves Ads Into Third-Party Software, More Countries Explore TikTok Ban
Links for the day
Molly Russell suicide & Debian Frans Pop, Lucy Wayland, social media deaths
Reprinted with permission from Daniel Pocock
Our Plans for Spring
Later this year we turn 18 and a few months from now our IRC community turns 16
Open Invention Network (OIN) Fails to Explain If Linux is Safe From Microsoft's Software Patent Royalties (Charges)
Keith Bergelt has not replied to queries on this very important matter
RedHat.com, Brought to You by Microsoft Staff
This is totally normal, right?
USPTO Corruption: People Who Don't Use Microsoft Will Be Penalised ~$400 for Each Patent Filing
Not joking!
The Hobbyists of Mozilla, Where the CEO is a Bigger Liability Than All Liabilities Combined
the hobbyist in chief earns much more than colleagues, to say the least; the number quadrupled in a matter of years
Jim Zemlin Says Linux Foundation Should Combat Fraud Together With the Gates Foundation. Maybe They Should Start With Jim's Wife.
There's a class action lawsuit for securities fraud
Not About Linux at All!
nobody bothers with the site anymore; it's marketing, and now even Linux
Links 17/03/2024: Abuses Against Human Rights, Tesla Settlement (and Crash)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 16, 2024
IRC logs for Saturday, March 16, 2024
Under Taliban, GNU/Linux Share Nearly Doubled in Afghanistan, Windows Sank From About 90% to 68.5%
Suffice to say, we're not meaning to imply Taliban is "good"
Debian aggression: woman asked about her profession
Reprinted with permission from Daniel Pocock
Gemini Links 17/03/2024: Winter Can't Hurt Us Anymore and Playstation Plus
Links for the day