There has been a lot of patent resentment recently, all directed at patent trolls and software patents, the trolls' weapon of choice. There is this new post from someone whose work is being attacked by a patent troll. It bothers me personally also because it is similar to an Android app I developed; to think that patent trolls can extort such apps is enough to convince myself and other developers that patent trolls and software patents harm everyone in almost every way.
An organization calling itself the "Internet Copyright Law Enforcement Agency" (ICLEA) recently sent out a batch of copyright infringement notices. One letter reproduced online states that "if this matter is not settled by Friday, March 1, 2013 then you may face serious potential criminal and/or civil charges filed against you. If you are arrested for felony criminal copyright infringement you will be fingerprinted, photographed, and held in jail until you are arraigned in court." Recipients have been asked to pay various amounts, such as $395 or $495.
Needless to say, this is a scam. Under US law, only the government can indict defendants or throw them in jail. And the scammers seem to have realized that they made a big mistake, as their website now states, "Effective immediately, the Internet Copyright Law Enforcement Agency has ceased operations. Please disregard any notices you received from us, and please do not send us any payments."
But as a screenshot captured by Fight Copyright Trolls shows, that's not what the website used to say. Previously, the ICLEA claimed to be "an international organization that helps to enforce copyright laws on the Internet worldwide by informing potential copyright law violators regarding the serious criminal and/or civil liability they may face, and providing them with an opportunity to help them comply with copyright laws."
Maz Encryption Technologies, a Delaware company made up of two former employees of Maz Technologies, filed suits last week against Apple, Dell, Hewlett-Packard, Toshiba, Fujitsu, Lenovo, and Research In Motion (now BlackBerry).
Rarely a week goes by these days without the publication of one academic study or another that addresses the “problem” of software patents in the US, often in tandem with a dissection of the cruelties inflicted by “patent trolls”. The conclusions of these studies are almost always variations on the same theme: “Something has to be done because the current regime is stifling economic growth, as companies are afraid to innovate because they may be sued for patent infringement.” These studies are always very precise about the specific problem within the system that they address, but they never seem to provide any evidence that innovation is, in fact, being affected by patents. That just seems to be taken as an article of faith.
I've said before, and often repeated, that software patents are evil. Ask almost any experienced software product engineer -- especially in an open source project -- and they'll tell you software patents are a bug, not a feature. The worst problem they face is patent trolls appearing from nowhere and enaging in a legal shakedown. Even President Obama says, "They don't actually produce anything themselves. They are essentially trying to leverage and hijack somebody else’s idea and see if they can extort some money out of them."
Last year, the first bill that could take a bite out of the business model of so-called "patent trolls" was introduced. Not much happened with it, but today a reworked bill has been introduced by the same sponsors: Reps. Jason Chaffetz (R-UT) and Peter DeFazio (D-OR). The bill is called the SHIELD Act of 2013, which stands for "Saving High-Tech Innovators from Egregious Legal Disputes
Evidently at least one Congressman feels that the AIA does not go far enough to combat patent “troll” lawsuits. Congressman Defazio of Oregon is sponsoring yet another bill entitled “Saving High-Tech Innovators From Egregious Legal Disputes Act.” The bill, like its 2012 predecessor, proposes that the costs (including attorney fees) of certain types of patent lawsuits should be recoverable from the Patentee once the court finds the patent invalid, or not infringed. The 2012 version of the bill was limited to software type inventions and mandated payment for only frivolous suits.
The law firm of Pearl Cohen Zedek Latzer and two of its partners have been hit with more than $200,000 in sanctions for filing a frivolous patent case, opposing an earlier sanctions ruling and, according to a federal judge in Manhattan, wasting the court's time.
On Feb. 21, Southern District Judge Colleen McMahon (See Profile) ordered the legal team for plaintiff Source Vagabond Systems Ltd. to pay $200,054 in sanctions to defendant Hydrapak Inc.