Bonum Certa Men Certa

Patent Trolls and the Rise of Non-Practicing Parasites Not Just in the US But Also in Europe

It's already happening right here in the UK...

Carnegie Mellon University



Summary: The role played by patents, increasingly bolstered by self-serving patent maximalists, outweighs actual creativity, innovation and production which patents were, in principle, supposed to encourage and advance

PATENT trolls are a huge problem, but the corporate media, owned and/or influenced by large corporations, does not pay attention to the fact that patent trolls almost always use software patents. Therein lies the bigger problem. It's the core problem. Software patents should never have existed in the first place, as evidence always served to show that they would be counter-productive.



Here we see a new article from the British mass media, which was summarised this week (just a couple of days ago) as follows: "Apple has been told to pay a hefty fine to a small company for patent infringement. So why aren't we celebrating the victory of a 'David'? Because the little guy is a 'patent troll', stifling innovation by abusing the system, says Rhodri Marsden" (he says nothing about the nature of the patent/s or Apple's own patent aggression, including its 6-year patent war against Linux/Android).

As we put it earlier this month, "VirnetX Case Against Apple Shows Not the Problem With Patent Trolls But With Software Patents."

In other news, as noted here yesterday, "IV [Intellectual Ventures] Invention Fund Teams with Fraunhofer in Europe" (Fraunhofer is a notorious actor when it comes to software patents in Europe).

The EPO-funded bloggers wrote a puff piece for Intellectual Ventures, the world's largest patent troll. This trolls-funded mouthpiece (also EPO-funded) went with the headline "The Intellectual Ventures invention fund teams up with Fraunhofer in major move into Europe". UPC would help more such trolls penetrate Europe, giving jobs to patent lawyers who profit from an increase in litigation, or "patent warming" as the FFII's President calls it.

Who would more likely settle with patent trolls? Take a guess. It's European SMEs, which make up a lot of the industry here (we don't have Googles and IBMs here, except for branches of these US firms). It makes SMEs a very attractive bunch of targets for trolls, especially in Europe. To quote United For Patent Reform (from the other day): "Did you know patent trolls are disproportionately hurting smaller, more vulnerable firms?" There is a valuable reference there with additional information and it links to this paper (published less than a year ago by James Bessen et al). Wall Street, i.e. the big businesses well past their IPOs (and with massive legal departments of their own) promotes or at least defends patent trolls in its press. Is anybody surprised by this?

"Software patents should never have existed in the first place, as evidence always served to show that they would be counter-productive."The Computer and Communications Industry Association, which is funded by big businesses, now focuses on universities -- not aggressors like Microsoft or Apple -- as the problem.

"'Innovation'", wrote in response this one person, "is a piece of paper you can sue others with?"

"Warped mentality," added this anonymous person.

The context for this misdirection must be reports about CMU, which not only attacked anonymity (undermining Tor for the US government) but also attacks practicing companies using patents. As WIPR put it: "Carnegie sued Marvell at the US District Court for the Western District of Pennsylvania in 2009, claiming the company had sold billions of chips using the technology."

This is likely to become a sort of 'tax' on products that almost everyone buys. See parts of a longer discussion with Patent Buddy about the funding of US universities and how it now relates to such legal battles over patents. "Carnegie Mellon," as it was put at one stage, "has transformed US universities in[to] patent trolls" (link to CMU).

"These days in the US," Patent Buddy told me, "patent attorneys make about as much as engineers."

What about the externalities? They're everyone except patent lawyers.

"It makes SMEs a very attractive bunch of targets for trolls, especially in Europe."The response to him was that "in a better world they should do another more useful job." And on it goes (details in Twitter)...

Looking at some press coverage we find that, based on the formal statement, "Marvell Technology Group Ltd. (NASDAQ: MRVL), a global leader in integrated silicon solutions, and Carnegie Mellon University, a private research university, today announced that, pursuant to a court-ordered mediation, the Company and University have settled their patent infringement lawsuit. The parties have resolved the case on mutually acceptable terms, including an aggregate payment by Marvell to CMU of $750 million, with no ongoing royalty payments."

Here is what patent maximalists wrote: "Court-ordered mediation ends in $750m agreement to settle the seven-year-long patent infringement lawsuit between Marvell Technology Group and Carnegie Mellon University" (see CMU background).

"CMU does not actually produce anything."This is not a software patent, but the issue here is different. CMU does not actually produce anything. The source of CMU's funding, as noted above, is also relevant to this. From an economic perspective, the public only loses.

Incidentally, as pointed out by the FFII's President the other day, "Olimex [is] forced to file software patents are required in order to get EU funding," which is an "insane waste of public money" (it can also be used to tax the public later).

Here is the relevant bit of a blog post published two days ago:

This gives amazing opportunities to Bulgarian companies to become globally competitive.

Unfortunately the most interesting area the innovation is burden with most paperwork and some things which are totally unacceptable with our Open Source way of thinking. For instance one of the requirement is to fill file patents for the innovation, which to protect the EU investment in your company. Looks logically, but this effectively cut off all companies which work with Open Source Technologies.


What is the EU coming to? Is it trying to impede a FOSS spirit and a sharing culture by urging people to get software patented, despite the rules (as per the EPC) not allowing it? Something sure is rotten at the EPO, which urgently needs to be fixed.

Recent Techrights' Posts

Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
 
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025