Bonum Certa Men Certa

White House Should Go After the Trolls' Ringleaders, Not Just Patent Trolls

Knocker



Summary: Why the stance of the White House is misguided and short-sighted in an age when trolls are like mercenaries for players in conspiracies and pyramid schemes of patents

Patent trolls have stolen all public attention from issues associated with software parents. Since large corporations lobbied their elected Congress on this matter, Change We Can Believe in was inevitable. Now that patent trolls are a big deal in the news (this issue has become very prevalent) we are at least reassured that one single aspect of the problem, for instance the patent proxies Microsoft uses, will get addressed. But it's only the start. How big does a troll have to be to get exempted? If Microsoft uses Nokia to feed patent trolls like MOSAID, does that mean that Nokia and Microsoft too will come under the hammer or the gavel? If Bill Gates' and Microsoft allies like Intellectual Ventures (IV) litigate through small proxies (potentially thousands of them), how will those two giant racketeering operations be handled? Well, it depends on the proposals put forth and accepted. Some proposals only go after trolls at the litigation level, leaving racketeers at the top more or less immune to federal action. As pointed out the other day, shell entities are at it again, serving Microsoft, Gates, and IV. To quote:



Intellectual Ventures Responds To This American Life & President Obama By... Filing More Patent Lawsuits



Ah, Intellectual Ventures. Over the weekend, This American Life ran their report updating a critical look at Intellectual Ventures from two years ago by showing that the shell company, whose patent IV had insisted was a perfect example of IV helping small inventors get their due was (a) completely bunk and invalidated in court, and (b) despite IV "selling it off," 90% of the profits from the approximate $100+ million that was raised via shakedown threats with that patent... went back to IV. On Tuesday, President Obama came out strongly against patent trolling, and part of his proposal would require revealing who was really behind various shell companies.


The many articles regarding this reform don't delve into the subject of trolls as proxies. Moreover, as pointed out here, opportunities to actually tackle the problem and not just allude to it were previously missed. About Rader, TechDirt writes:

Also, you'd think that, as the chief judge on the court that handles all patent appeals, Judge Rader would have had a chance to not just do what he suggests judges should do... but to create a precedent for district courts to adhere to on that point, rather than just writing about it in the NY Times.


Here is the latest from the New York Times and Red Hat's take on it. They both seem not to concentrate on proxy strategies. Dan Mitchel, writing for CNN, says "There are parallels between today's trolls and the so-called sharks of the 19th century."

He closes with the following remarks: "In fact, that's already occurring. It could be that the panic we're seeing among champions of innovation is actually the beginning of the end of patent trolls, at least in the current era."

Patent trolls are far from the only issue. Simon Phipps acknowledged that by writing:

The president's follow-up to his frank condemnation of patent trolls is welcome, but we need more


More can be found in Simon's blog.

When corporations and lobbyists (not developers) call the shots it is hardly surprising that only small patent aggressors but never the large ones get chased by the government. Pamela Jones, a paralegal, wrote about the abundance of lawyers (many lobbyists too are lawyers by training and trade) when she said:

The President is a lawyer, after all. So it's not a total surprise that he understands what Lemley wrote. Here's the paper [PDF], if you'd like to read it for yourself. And here's Professor Lemley tweeting that he noticed that the President's suggestions included one about functional claiming.


The stance of the White House [1, 2] on this matter has not been ideal because the debate is still dominated by lawyers, the non-practising stakeholders. Here we have McDermott Will & Emery writing about the selling of patents/copyrifghts, advising against FOSS:

Buyers are becoming more and more aware of the risks and potential liabilities associated with open source code—and the increasing use of open source code as developers “cut and paste” code from various projects.


These are some of the talking points emanating from Microsoft friends like Black Duck and OpenLogic.

Recent Techrights' Posts

People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025
Microsoft Finally Admits That XBox is ****
In this case, "enshittification" is an understatement
Another Wave of Microsoft Layoffs Comes Shortly. Microsoft Propaganda Sites and Slopforms Powered by Microsoft LLMs Already Spew Out Face-Saving Nonsense.
Based on last month's leak, some very extensive layoffs are now imminent [...] Perhaps we can expect a lot of noise, some of it spewed out by bots, to distract from or belittle the impending mass layoffs
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Slopwatch: Microsoft Slop, Anti-Linux Slop, and IBM Marketing Itself as a Slop Company
Microsoft-controlled LLM spewing out garbage about "Linux"
Links 06/05/2025: Microsoft's Assassination of Skype After Years of Failure, Slop Hallucinations Are Getting Worse
Links for the day
Links 06/05/2025: Changing Places and StarGrid for PalmOS
Links for the day
Windows and Microsoft Causing Serious Data Breaches, Media Rushes to Blame That on "Linux" Somehow
While selling us some rusty old propaganda about how moving to Microsoft GitHub (Rust) will improve security
Making Site Archives More Easily Accessible (Approaching 50,000 Blog Posts)
Efforts to censor us have always backfired badly
Weaponisation of For-Profit Dockets - Part II: Hiding Behind Lawyers and Barristers Who Lack Standards so as to Engage in Classic Corporate Extortion
They're trying to scare people and they misuse their licence to operate
Links 06/05/2025: LLMs/Chatbots Attract More Scrutiny (Getting Worse Over Time), PwC Has Many Layoffs
Links for the day
Thanks for listening. How can this Morse feed be further improved?
Right now any and all feedback on the audio would be helpful
statCounter: Bing's Market Share Lower Right Now Than It Was When LLM Hype Began (With "Bing Chat")
If anybody gains at Google's expense in search, it is BRICS' alternatives such as Yandex
Gemini Links 06/05/2025: Failure and Proxmox Cluster
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 05, 2025
IRC logs for Monday, May 05, 2025