Bonum Certa Men Certa

Press Continues to Focus on Patent Trolls Rather Than Patent Scope and Software Patents

Focus is lost

Camera focus



Summary: A deviation from the core issue a key trend now that everyone mentions "trolls" to trivialise the problem with the patent system

Our posts which criticise the US patent system (USPTO) receive a lot of positive attention because people overwhelmingly agree. We are told that a new survey says patent attacks scare off customers and kill businesses -- something which patent lawyers would rather avoid discussing. The problem, however, is that Chien (law professor) singles out trolls and not software patents. To quote an article about the new study:



A new survey of in-house lawyers is adding some heft to the claim that patent attacks, especially by so-called "trolls," are hurting the economy. Professor Colleen Chien of Santa Clara University revealed the results of her survey of 116 in-house lawyers today, and it shows that patent trolls—or companies that exist simply to litigate patents—are more prevalent than one might think.

Chien led off her brief talk by laying out the scope of the problem. Fully 62 percent of the patent lawsuits brought in 2012 were filed by trolls, which she calls Patent Assertion Entities or PAEs, the same nomenclature used by the government.


How about quantifying -- proportion-wise -- the frequency of software patents being involved?

Here is another article which shifts attention to trolls by saying "CBS also might be on the cutting edge when it comes to dealing with patent trolls, who seek reimbursement for companies alleging infringing on their patents. Previously, CBS would give them some money to just go away. These days, CBS partners with others to take a stand against patent trolling."

Trolls are not the only issue; authors should be reminded of that. The same goes for copyright. Copyright trolls, as they are increasingly being labeled, are not the biggest issue with copyright law as it stands today. To give an example of copyright misuse consider the SCO case. 10 years down the line the harassment of Linux using copyright claims carries on. As Pamela Jones put it the other day:

That's a bonk on the head for SCO, for sure, by a judge who demonstrates the simple truth that judges tend to be brainiacs, and they know it's a duck when they see one paddling along calling out "quack, quack" even if it holds up a sign saying, "I am a Swan." Utah, or so I've read, is the scam capitol of the US. So judges there not only have brains, they probably get a lot of experience as well, one assumes. Judge Nuffer also ruled that he doesn't think oral argument would be needed on this, so SCO's request for a hearing is also denied. I guess you could call it a no-brainer. I mean, fair is fair. Isn't that what courts are supposed to be for? But dealing with SCOfolk does take brains and some careful planning, because they are tireless and nothing dissuades them from trying again any which way, and you see that careful thought went into this order. Also because dealing with SCO is like picking up a scorpion. You do want to give it some advance thought before you try it.


SCO is a reminder not only that trolls are the problem with so-called 'IP'; it is also a reminder of the fact that large entities, such as Microsoft, like to use smaller entities, e.g. Nokia, to attack the competition. Nokia and SCO were both paid by Microsoft.

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, BayStar, key investor in SCO approached by Microsoft



Recent Techrights' Posts

Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders
Gemini Links 25/10/2025: Portugal, Midnightpub, and "Tech Right Admins"
Links for the day
Almost 2026 Already (When We Turn Twenty)
In just over a year the site will turn 20
When "Sponsored Feature" in The Register MS Means Ponzi Scheme Promotion From the Communist Party of China (CPC)
the promotion of a financial scam
Week of EPO Leaks: Workers of the EPO Are Getting a Pay Cut While Prices Rise Fast
More to come in the next few days
Microsoft is Finally Giving Up on XBox, The Chief Says the Grapes Are Sour Anyway
Microsoft loses hundreds of dollars on each XBox that it sells
Slopwatch: LinuxSecurity, UbuntuPIT, and Various Slopfarms Propped up by Google News
Why can't Google News do better than this?
Links 25/10/2025: Two New Smokescreens for Scam Altman and ‘TikTok USA’ Remains in Limbo
Links for the day
Bad faith: can't change Debian Social Contract (DSC) without unanimous consent of every joint author
Reprinted with permission from Daniel Pocock
Confirmed: Very Close Friend of Bill Gates and Microsoft's Biggest Patent Troll Nathan Myhrvold Flew the Lolita Express (a Gateway to Pedophilia), According to Bill Gates-Sponsored Seattle Times
There is no speculation or any "conspiracy theories" here;' those are verified facts
Gemini Links 25/10/2025: "The Highest Leader of The Global Civil Society Community", SSL Certificates Causing Bitrot
Links for the day
Links 25/10/2025: Target Layoffs and "Shutdown Sparks 85% Increase in US Government Cyberattacks"
Links for the day
"Big Data" Was a Big Lie
Remember "Big Data"? Remember "Data Scientists"...?
statCounter Has Been Broken for a Long Time
Considering the huge proportion of Web requests that come from LLM bots (more so this past year or two), statCounter may struggle to justify the operating costs
Techrights Anniversary Party on November 7th
Let us know if you need any accommodation-related arrangements
Trends That Must Alarm Microsoft and Mozilla
Expect Firefox to no longer be supported by various sites in the US
Why Microsoft Became the Layoffs Leader
The corporate media is projecting or signalling its own dishonesty when it tells us that Microsoft is a very "valuable" company while the data shows Microsoft is also a "market leader" in layoffs
Speaking for Ourselves and Letting the Facts Speak for Themselves
we've already published over 50,000 pages
For Second Time in a Day The Register MS Takes Money From Private Companies to Sell a Ponzi Scheme
Do not have empathy for those who have zero empathy towards you
IBM is Misleading IBM Shareholders
IBM is still all about vapourware and buzzwords
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 24, 2025
IRC logs for Friday, October 24, 2025
The Serial Slopper Starts Up - or Restarts - His Plagiarism Machine (LLMs)
Serial Sloppers like these don't belong in news sites. That's why he got sacked by BetaNews.
Links 24/10/2025: Esperanto Music History, Anxiety, and New Portals
Links for the day
[Video] Richard Stallman's Talk in Sweden, Attended by Nearly 700 People, is Now Online
The Web page is in Swedish, but the talk is in English
Slopwatch: LinuxSecurity.com, Linux Journal, and Pet Slopfarms of Google News
Why does Google News still advance these fake sites to the top of search results?
Links 24/10/2025: Inequality Grows, Billion-Dollar Scam Center Industry
Links for the day
Links 24/10/2025: "Independent Media in Cambodia is Collapsing" and Serious F5 Breach
Links for the day
Coping With the Site Going More Mainstream
Fame is no laughing matter
They Never 'Put Down' Corporations
There are "pests" that are traded in Wall Street
21 Pages in Less Than 7 Hours is No Joking Matter
We've become a lot more effective and efficient
Correct Information is a Valued Asset in the Age of Slopfarms and Public Relations (PR) or Spin
Publishing suppressed facts is never easy
The Register MS Continues to Bag Money to Promote a Ponzi Scheme, Even Money From China
Today in the front page
analytics.usa.gov: The Only Supported Version of Windows (This Past Week) is Only Used by About 13.9% of People in the US, the Home Base of Windows
Even Vista 7 is still used more
Rust is Very Secure
If only Rust itself is secure
Who Will be Held Accountable for Breaking Ubuntu by Imposing Rust on Otherwise-Functional Programs, in Effect Replacing GNU With Proprietary Microsoft (GitHub)?
they're practical people who merely point out that a bunch of buffoons not only ruin Ubuntu but also every future distro based on Ubuntu
Generation Chaff - Phase VIII: In Summary
Like "Science" with a capital "S", what we see here commercial interests usurping everything
Generation Chaff - Phase VII: Curtailing Alternative Media
There was always an obligation - a collective duty of sorts - to uphold independent journalism
Generation Chaff - Phase VI: Centralisation of Information (X, Cheetok/Fentanylware)
Would you trust information when controlled by such people?
Generation Chaff - Phase V: Censorship of Dissent (Painted as Harassment or Terrorism)
Censorship is all around us now
Generation Chaff - Phase IV: Apps Only Few Companies Decide On
Tools are being collectively confiscated, under the premise or false prospect of "security"
Generation Chaff - Phase III: Slop and Plagiarism
A lot of the current so-called 'economy' is built upon false valuations
Generation Chaff - Phase II: "Cloud", Blockchains and Other Hype
For those of us who turned down those propositions there was a struggle; we needed to justify not having skinnerboxes or "social" accounts in some site run by a private company
Generation Chaff - Phase I: Social Control Media
IRC predates the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day