Bonum Certa Men Certa

Growing Unrest Over Patent Trolls Goes Political

Senator Eric P. Lesser on Patent Trolls



Summary: Encouraging signs for scientists and technologists: The push for the end of patent trolling (patent assertion by parasitic opportunists against vulnerable people who cannot afford legal defense)

RECOGNITION of the problem is growing. It's growing so fast in fact that judges who are rightly perceived/believed to favour patent trolls were being called out by leading US politicians, who dubbed them "reprehensible". The role played by the patent office is the granting of low-quality patents such as software patents, which patent trolls use almost all the time (some estimates say 70% of the time). This correlation is well documented.



Four days ago, writing in an AOL news site, Senator Eric P. Lesser wrote the above piece, a fragment of which can be found below:

In a recent episode of the HBO series “Silicon Valley,” Richard Hendricks is getting his tech startup off the ground when he comes face to face with a patent troll: an unscrupulous lawyer who claims Richard’s new company is committing copyright infringement.

The lawyer knows his claim is bogus, but also knows Richard would have to pay him in a legal settlement to avoid battling it out in court.

This is not just the stuff of TV fiction. This is real life, and it’s costing billions of dollars in frivolous lawsuits and lost business opportunities.

With an average lawsuit costing $1.6 million, the deceptive actions of patent trolls add up quickly. In 2015 alone, trolls robbed companies of $7.4 billion. One study puts the number much higher, costing companies $29 billion per year.


The author of this article is not some arbitrary pundit; he describes himself as "the Senate Chair of the Joint Committee on Economic Development & Emerging Technologies, Vice Chair of the Joint Committee on Financial Services, and leads Millennial Outreach for the Massachusetts State Senate. He represents the First Hampden & Hampshire District in Western Massachusetts."

So this guy operates quite specifically in the fields affected. He speaks to people in that area. They tell him about the trolls. If they manage to abolish software patents for good, everywhere in fact, that would eliminate the lion's share of trolls, but the debate in media has been centered around "trolls", not software patents, especially over the past 5 years. Only yesterday in fact Bloomberg published this article titled "How to Slay the Patent Trolls" -- an article which tells the story of some small businesses. Here are some portions:

In a recent episode of HBO’s sitcom “Silicon Valley,” a lawyer tries to extort money from a struggling startup by threatening to sue it for patent infringement. The troll, who understands nothing about the underlying technology, owns a patent so broad as to be unenforceable, but knows that the victims of his perfectly legal extortion scheme lack the financial resources to fight him in court.

A recent research paper by economists Ian Appel, Joan Farre-Mensa and Elena Simintzi shows that the show’s humorous scenario isn't that far from real life. Appel et al. note that patent infringement lawsuits have increased by a factor of 10 since 2000, and that so-called non-practicing entities -- basically, companies that own patents but don’t use them to produce anything -- account for more than two-thirds of the increase. The cases that go to court obviously represent just a fraction of the times that NPEs put pressure on tech companies -- their more typical mode of operation is to send threatening letters. Small businesses are the most common targets. Most of the time, companies cough up the cash, viewing the trolls as merely one more cost of doing business.

[...]

NPEs, or patent trolls, could be one of the forces crushing dynamism in the U.S. A large body of research documents the potential harm that they can do to young, growing companies.

But state governments are fighting back. As of 2016, 32 states had passed laws aimed at limiting NPEs' use of demand letters. Typically, if courts decide a patent holder’s demand letter was unreasonable, it can impose penalties on the person or company making the threats.

Appel et al. study the impact of these laws on small businesses. The results look encouraging. States that adopted these laws saw a 2 percent increase in employment at small, high-tech companies, and a 14 percent increase in the number of companies receiving venture-capital funding. In states with a larger VC presence -- for example, California -- the increase in the number of tech startups was particularly pronounced. Information-technology companies -- just the kind depicted in “Silicon Valley” -- were particularly helped by the laws.


We expect patent reform to further accelerate now that the mainstream media and politicians are eager to make it happen. This is why we see growing desperation and signs of misery in the patent microcosm; they might need to find another kind of job. They might even need to stop harassing (sometimes bankrupting) small businesses.

Recent Techrights' Posts

Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
 
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024
Gemini Links 19/12/2024: Fast Year Passes and Advent of Code Ongoing
Links for the day
Twitter is Going to Fall Out of Top 100 Domains as Clownflare (DNS MitM) Sees It
evidence of Twitter's (X's) collapse
[Meme] Making Choices at the EPO
Decisions, decisions...
'Dark Patterns' or a Trap at the European Patent Office (EPO)
insincere if not malicious E-mail from the EPO's dictators
There's an Abundance of Articles About the New Release of Kali Linux, But This One is a Fake
It can add nothing except casual misinformation (fed back into the model to reinforce lies)
Large and Significant Error Correction in South America?
Windows now has less than half what Android achieved in terms of "market share"
IBM's Leadership Ruining Lives of People Who Thought Working for IBM Would be OK
Nobody gets fire-lined for buying IBM?
The United States' Authorities Ought to Become Enforcers of the General Public License (GPL) for National Security's Sake
US federal agencies ought to pursue availability of code and GPL compliance (copyleft), not bans
The Problem of Microsoft Security Problems is Microsoft (the Solution is to Quit Microsoft) and "Salt Typhoon" Coverage Must Name CALEA Back Doors
Name the holes, not those who exploit them.
A "Year of Efficiency"
No, we don't mean layoffs
Links 19/12/2024: Astronaut Record and Observer Absorbed
Links for the day
Links 19/12/2024: Seven Dirty Words and Isle Release v0.0.3 (Alpha)
Links for the day
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024