Bonum Certa Men Certa

Focus on Patent Trolls Persists, With Increasing Use of Euphemisms Such as NPEs and PAEs

From IAM's Web site (NPE 2016 could be crudely called Patent Trolls 2016)

NPE 2016



Summary: The debate about patent trolls (not patent scope) carries on in the media and events that improve the image of trolls are being organised by some of the media (paid by these trolls)

PATENT trolls are a big problem, but they are also a symptom of a much broader problem, notably software patents which can target a whole lot of companies that don't manufacture things, e.g. online retailers.



IAM, which receives money from patent trolls, says that "legislation [...] balanced between patent owners and users of IP" (what about the public? Externality?) when it writes about patent reform. IAM currently organises and runs an annual event for patent trolls, who paid IAM to set this up (they are partying like patent trolls and getting flak from critics). Watch what guests they attract. If one makes a living by just passing around patents and threatening companies, that's no constructive career. It's parasitic and it injures the reputation of legitimate companies and legitimate patents. IAM itself doesn't seem to recognise software patents when it sees them, or hosts those who use an old line ("We don’t rely on any patents that are purely software patents" or "Patents are such emotional things, people have this emotional barrier that they’re paying for nothing").

"If one makes a living by just passing around patents and threatening companies, that’s no constructive career.""What licensees are not paying for is solutions," wrote Florian Müller in response to the above, "normally don't need to read patent docs to solve software problems." He later took note of patent trolls as proxies, alluding to the latest from Unwired Planet, which trolls Europe (Microsoft also does it, e.g. Intellectual Ventures). This is not OK. An articles roundup from Jim Lynch put it like this: "Microsoft has long sought to build credibility with the open source community, but it continues to shoot itself in the foot by forcing companies to pay for its Android patents. This has led some in the open source community to remain sour on Microsoft and its business practices."

Intellectual Ventures is attacking Android too, not just Microsoft (the headline "Microsoft still forces companies to pay for its Android patents" could be expanded to "Microsoft and its patent trolls still force companies to pay for alleged Android patents").

"It’s parasitic and it injures the reputation of legitimate companies and legitimate patents."The EFF, in the mean time, speaks about the Venue Act these days (it tackles patent trolls, but not software patents), getting the attention of pro-patents sites like MIP and also patent sceptics like TechDirt. One side says that "US Senators Flake, Gardner and Lee have introduced the Venue Equity and Non-Uniformity Elimination (Venue) Act. The bill aims "to ensure that venue in patents cases is fair and proper". The latter side says:

Patent reform is a constant legislative topic, even though what passes for reform generally tends to be heavily-watered down by the time it moves out of the House or Senate. One of the most abused areas of patent litigation is venue selection. Small towns in East Texas have become hosts to parasitic lifeforms known as "Non-Practicing Entities" -- shell companies whose only product/service is litigation.

Jason Rantanen, guest posting at PatentlyO, suggests eliminating venue shopping might be a compromise parties involved in patent reform might be able to unite behind. Presumably, this means legislators, rather than patent trolls, who aren't going to be willing to give up the "home field" advantage that easily. The problems with the current venue-shopping system are laid out by Rantanen in this sentence.


We don't think this would ever be sufficient because patent trolls can endure all sorts of courts. With the UPC, for instance, some time soon they might be able to also troll companies all over Europe with just one legal case in a software patents-friendly German court.

"They used to speak about software patents, but corporate pressure seems to have changed that."Professor Mark Lemley, an academic who often bemoans patent trolls, has just highlighted this new paper from John Allison, adding: "My latest study shows PAEs almost never win patent suits. Neither do software patentees, practicing or not."

PAEs is a euphemism for particular types of trolls, such as Unwired Planet above (it's effectively like a legal firm for Ericsson and it has gone on for years). The paper's abstract says: "Much of the policy debate over the patent system has focused on the perceived problems with non-practicing entities (NPEs), also called patent trolls. Drawing on a comprehensive data set we built of every patent lawsuit filed in 2008 and 2009 that resulted in a ruling on the merits, we find that the situation is rather more complicated than simply operating companies vs. NPEs. While operating companies fare better in litigation than NPEs overall, breaking NPEs into different categories reveals more complexity. Patent Assertion Entities (PAEs) in particular win very few cases. Further, once we remove certain pharmaceutical cases from the mix, no patent plaintiff fares very well. That is particularly true of software, computer, and electronics patents."

It is still rather worrying that not only the media but academia too (not to mention activism of EFF) focuses so much on patent trolls rather than patent scope. They used to speak about software patents, but corporate pressure seems to have changed that.

Recent Techrights' Posts

Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
 
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025