Bonum Certa Men Certa

Patent Trolls Demystified and Patent Reform Demanded

Bulb



Summary: Awareness of the blood-sucking leech which is NPEs keeps growing while more and more people subscribe to a call for real patent reform in the US, not a symbolic signing of some pointless act

THE LEGAL ISSUES-oriented Web sites cannot escape the tough reality about patent trolls. Groklaw carries on tracking the patent troll that gets patents from Microsoft's former CTO and his extortion firm, Intellectual Ventures. It seems to have been reasonably quiet as of late:





Not a great deal has happened in the various Lodsys cases since we last wrote. A lot of the activity pertains to whether Lodsys will get dragged into federal district court somewhere other than the Eastern District of Texas.

To recount all of the cases, Lodsys has four pending cases in the Eastern District of Texas against a variety of defendants. In turn, Lodsys is the defendant in eight active declaratory judgment actions - four in the Northern District of Illinois, two in the Eastern District of Wisconsin, one in Arizona, and one in the Southern District of California. There was a fifth declaratory judgment action brought against Lodsys in the Eastern District of Wisconsin by ESET, but ESET has voluntarily dismissed that action.


Lodsys has been working not only to discourage development for platforms other than Windows; it also got named for being the alter ego of Microsoft's former CTO, who had become the world's biggest patent troll. In an article posted by Ron Miller he wonders if "patent wars eventually have an impact on mobile IT," noting that "anybody who is anybody is suing or being sued for patent violations. The highest profile cases involve the biggest names like Oracle versus Google (which is in negotiations stage right now with the two CEOs supposedly hashing it out) and Apple versus Samsung (and vice versa)."

“Lodsys has been working not only to discourage development for platforms other than Windows; it also got named for being the alter ego of Microsoft's former CTO, who had become the world's biggest patent troll.”James Grimmelmann has a similar article, stating: "In the last few weeks, the smartphone industry appeared to produce more lawsuits than phones. Apple briefly managed to stop the sale of the Samsung Galaxy Tab 10.1 in all of Europe, and is now going after the whole Galaxy line. Back Stateside, Google first complained that Microsoft and Apple were using "bogus patents" to target Android, then spent $12 billion for Motorola and its patent arsenal. These are big, high-stakes fights—and the last company left standing may walk away with control over nothing less than the smartphone market itself."

Then there is the attack from dozens of patent trolls, which Bessen claims have cost the economy half a trillion dollars in just two decades [1, 2, 3] -- a claim that Red Hat's patent expert puts the spotlight on:

NPEs obviously have not stopped all innovation, but we are starting to understand how the losses they have caused are huge. It makes one wonder: what if the half a trillion dollars lost from NPE lawsuits had been channeled into socially productive uses? How much more innovation could we achieve if we quit tolerating this incredible waste?


Here is another new article on the subject:

The mess is like a hidden tax that hits each one of us every time we buy a gadget, whether it be a smartphone, tablet, PC or video-game console. The leading innovative companies that design and make these things are spending billions—billions—of dollars in an essentially meaningless and often absurd worldwide patent war.

Unfortunately, the America Invents Act addresses none of that.


Indeed. It's a joke of a 'reform'. It is worse than useless because it gives only the impression that something substantial was amended.

Over at Masnick's good Web site there is this criticism of patent trolls:

If At First You Don't Succeed As A Patent Troll, Just Sue Again



[...]

So, basically, after losing, they're just trying to expand what they claim the patent covers. It's hard to see this as anything more than a standard patent troll shakedown of a company that doesn't do anything demanding cash from the companies who do things... even when those things are obvious next steps that were discussed decades before the troll came on the scene.


One solution would be to amend the law to restrict passage of patents and require implementation, too.

Mr. Pogson gives this example of a patent troll and notes:

Twit Thinks He Invented Web Applications and Troll Sues World



[...]

Of course they wait 14 years to wait for the tech to become really valuable before “defending their property”…


The FSF, which recently got many signatures for a pro-Ogg petition, is now calling for people to sign the petition against software patents in the United States. To quote:

Join me and already over 12,000 others in petitioning the Obama administration to "Direct the Patent Office to Cease Issuing Software Patents".


Some days ago they only had over 10,000 signatures. The number if rising steadily and the White House must take action. This is not some petition hosted on another site but a rather official one which the administration cannot sweep under the carpet or turn a blind eye to. Here is a direct link to the petition (for US citizens).

Comments

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day