Bonum Certa Men Certa

Proposed Patent Reform No Cure for Patent Trolls

Oriskany ship sinks
"Sinking me Slowly" (USPTO)



In today's patent news you find that a company assaulting Microsoft has suffered a big setback and might therefore sack 25% of its workforce in Europe.

Avistar said it 'remains hopeful of reaching a favorable resolution with Microsoft on licensing Avistar's intellectual property in the near future.'

Avistar is a developer of video-enabled communications networks for businesses and corporations. The stock closed the regular session at 88 cents.


What to learn from this? Defensive patents are nonesense. Companies in trouble will cling onto anything in their struggle to remain relevant. It's their obligation to shareholders, as even Simon Shipps told us last week.

You may be hearing about "reform this" and "reform that" every now and then, but in the context of software patents, the planned reform is of no use.

It is clear that the players, and their attitudes, that dominated the feudal period will no longer carry the day. The newly established and emerging IP business models (and the players exercising such models) are not going away. That is, neither US Supreme Court decisions such as eBay and KSR, nor any of the so-called anti-patent troll legislative proposals floating through Congress, will force intermediaries out of the market.

With as much as three-quarters of the value of publicly traded companies in America coming from intangible assets, and global IP licensing revenue now being measured in the hundreds of billions of dollars, there is simply too much economic justification for such entities to exist. In fact, new players implementing the IP business models described herein are continually surfacing. And creative new IP business models will surely come into existence. Why? Quite simply, the business of IP (ie, the IP marketplace) itself is fertile ground for innovation!


Meanwhile, a company as notorious as Rambus (very infamous for its relentless abuses [1, 2, 3, 4, 5]), managed to somehow escape scrutiny, proving that the legal system is too weak to handle even patent harrassment, ambush, and frivolous prosecution.

Memory company Rambus won a patent case against rival memory makers on Wednesday when a court ruled that the company did not engage in anticompetitive behavior or violate antitrust laws related to on-chip memory technology.


This is sad news indeed. Luckily for those on the other side of the Atlantic (over in Europe), the system remains a little more sane. Here is a good new article. [via Digital Majority]

Patent law became an issue that is debated not only within small circles, but among a broad public. Not only, that software patents could stir one of the biggest participation waves in policy decisions on the European level - it is probably the first time that plans for patent reforms are debated during American presidential primary campaigns. We asked James Babineau, an American patent lawyer with Fish & Richardson, that opened an office in Munich a few months ago, on the future of the patent systems on both continents.


To sum it all up, Microsoft did not suffer from trolling in this case, there is little hope for the USPTO even if reformed, patent abuse or ambush goes unpunished, and it's important to keep non-US patent systems under proper control. It's hard to fix something once it breaks for the same reason that retracting pricey patents is... well, too pricey due to compensation requirements.

Recent Techrights' Posts

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
 
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024