Bonum Certa Men Certa

David Barcelou May or May Not be a Patent Troll, But He is Certainly a SLAPPing Bully and Watchtroll is Fine With It

"People disagree with me. I just ignore them." ~Linus Torvalds

Summary: Like a thin-skinned person/entity (which many in the patent microcosm are), David Barcelou and Automated Transactions (“ATL”) SLAPP their critics and surprisingly enough it's Watchtroll, who has been threatened by WIPO, coming to the bully's rescue (double standards)

THE USPTO's decades of poor patent grants are a liability. It's a toxic legacy which empowered patent trolls. As Daniel Nazer (EFF) put it about an hour ago: "Examiners spend an average of ~18 hours per app, roughly half on prior art. It's no great insult to patent examiners that litigators with huge budgets and expert help find better art. Of course they do."

The CCIA recently wrote something similar.

"The EFF's Daniel Nazer (in his capacity as EFF staff) revealed that Automated Transactions (“ATL”) is also a SLAPPing troll, not just a patent troll, like those who send us threats by post."Daniel Nazer isn't really the subject of this issue, but he happens to be the main carrier of a message. It's actually about David Barcelou. The EFF's Daniel Nazer (in his capacity as EFF staff) revealed that Automated Transactions (“ATL”) is also a SLAPPing troll, not just a patent troll, like those who send us threats by post. Calling patent trolls what they are is perfectly lawful, especially in the US, but being the bullies that they are, they don't care about the law; they attempt to twist everything and they just try to cause damage to their victims (of legal harassment). Posted about a day ago at the EFF's Web site: [via]

A New Hampshire state court has dismissed a defamation suit filed by a patent owner unhappy that it had been called a “patent troll.” The court ruled [PDF] that the phrase “patent troll” and other rhetorical characterizations are not the type of factual statements that can be the basis of a defamation claim. While this is a fairly routine application of defamation law and the First Amendment, it is an important reminder that patent assertion entities – or “trolls” – are not shielded from criticism. Regardless of your view about the patent system, this is a victory for freedom of expression.

The case began back in December 2016 when patent assertion entity Automated Transactions, LLC (“ATL”) and inventor David Barcelou filed a complaint [PDF] in New Hampshire Superior Court against 13 defendants, including banking associations, banks, law firms, lawyers, and a publisher. ATL and Barcelou claimed that all of the defendants criticized ATL’s litigation in a way that was defamatory.


This started a sort of 'chain letter' between troll apologists (like Watchtroll) and Nazer, who wrote: "This defamation case received breathless coverage from @ipwatchdog that didn't even mention the glaring First Amendment issues raised by the complaint. [...] I thought this was pretty striking because IP Watchdog has itself been the recipient of some bullying defamation threats - I figured the publication might cover defamation with at least an awareness of the free speech issues at stake. [...] Do you think it was an oversight for a legal blog to write about that complaint without even mentioning the First Amendment?"

That's rather interesting and people took note of it; and on it goes: "Weird that the Court just dismissed the Complaint on First Amendment grounds then. The judge must not understand the First Amendment as well as you do. [...] That's right, Gene. Just as I'm sure your statement that the 1A doesn't protect falsity was made after deep consideration of the nuances US v Alvarez - why would I dare challenge such a scholar of the First Amendment? [...] They're equivalent in the important sense that the 1A rightly protects both (I even liked your Gurry post, not that that's relevant, I read it before it got taken down). Here's the opinion by the way. A very routine application of 1A and defamation law..."

"If it's actually a "watchdog", then we know whose..."Well, patent maximalists typically protect patent trolls irrespective of anything, including the Rule of Law. Watchtroll is much of the same, which is why we call it that (for nearly a decade now). We rarely make up names for sites unless they're really bad. Watchtroll is probably the only in this category because let's face it, who is it a watchdog for if not trolls?

If it's actually a "watchdog", then we know whose...

Watchtroll then responded by insinuating that Nazer works for billionaires (the one Watchtroll habitually insults). He said: "Surprise! Surprise! @danielnazer Staff Attorney and Mark Cuban Chair to Eliminate Stupid Patents, called me out on Twitter, but now is afraid to a real live debate. I've challenged him multiple times, willing to debate on his turf too. Funny how folks like him only talk big."

"Maybe we can ship Watchtroll 200 years back into the past where he can handwash his clothes and talk about how Web pages (as in Standard Generalized Markup Language) are "computer programs"."Watchtroll does not debate; I attempted to debate him, but he blocked me and ran away after he had lost the debate. A few hours ago Watchtroll (Gene Quinn) wrote about this and then proceeded to inane "MAGA"-type nonsense, under the headline "America Needs an Eighteenth-Century Patent System".

Yes, he actually typed that into the headline! Maybe we can ship Watchtroll 200 years back into the past where he can handwash his clothes and talk about how Web pages (as in Standard Generalized Markup Language) are "computer programs". He actually said this repeatedly. He's a clueless bully who just throws a fit when losing an argument. He's nontechnical. Debating him on technical matters is like debating Creationists about science.

Recent Techrights' Posts

The UEFI Restricted Boot 'Time Bomb' is About to Go Off in a Few Weeks
Garrett was the first person to face sanctions (like muting) in our IRC channels because of his abuse; worse yet, he hijacked other people's names and then locked them out of their own accounts
Nobody is "Replaced by AI", It's Just a Smokescreen for Jobs Being Eliminated by Lack of Money (Too Much Debt) and Offshoring
It's also why many make the jokes about the "I" in "AI" being "India" or "Indians"
The US Government is Now in the Business (Literally!) of Saving Microsoft and Intel
This means that President TACO/Cheeto now has greater financial incentive to also prop up Microsoft and Windows
 
Links 24/08/2025: Heatwaves Threaten Workers, Maldives Versus Press freedom
Links for the day
Gemini Links 24/08/2025: Digital Cameras and Printers
Links for the day
Links 24/08/2025: GAFAM Lie About Pollution and Slop's Carbon Footprint, The Guardian Says Slop ("Hey Hi") is a Bubble That Will Send Stock Markets Into a Freefall
Links for the day
80% of the Sponsored (Fake) Articles in The Register MS Are Promotions of Ponzi Schemes (Unethical Money), the Rest is Banned Chinese Business
Is that an ethical way to make money? No.
Should Currys PCWorld Start Voiding Warranties of Users of Vista 11?
If a person's laptop has a mechanical issue, should this person replace GNU/Linux with Vista 11 for the repair shop? Only to damage the SSD?
Newer is Not Always Better, and It's Possible That 'Peak' is the Past
People creating their own platforms means progress, whereas centralisation (like moving from blogs to social control media) is the opposite of progress
LLM Hype is Sowing Destruction: It Contributes to DDoS Attacks and Makes the Web Less Accessible (JavaScript "R U Human?" Tests)
If it was googlebot, it would be possible to argue that you'd at least then get referral traffic from Google Search. With LLMs, all you get is plagiarised.
Links 24/08/2025: New York Times Talks About Hey Hi (AI) Bubble
Links for the day
Gemini Links 24/08/2025: Upgrading Debian and Mobile-indifferent Design
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 23, 2025
IRC logs for Saturday, August 23, 2025
Richard Stallman's Talk in Buenos Aires Scheduled for 16 November 2025 (a Month After FSF Turns 40)
they've just updated their site and Stallman is listed first
Men Who Abuse Women Should Never Spend Over 3 Years of the UK High Court's Time
This demonstrates that we need a reform in the UK
Slopwatch: Linux Journal, WebProNews, LinuxSecurity, and the Serial Slopper
The bubble needs to burst, but even then the Web will be left with residues of these slopfarms
Links 23/08/2025: Science, War, and Important Win for the British Media Against SLAPPers Who Abuse Women
Links for the day
Gemini Links 23/08/2025: BaseLibre Numerical System and Back to Oldschool
Links for the day
"Deserved Victory" for "Women That Suffered"
"GNM defended its reporting as being both true and in the public interest and in a judgment on Friday"
Links 23/08/2025: onmicrosoft.com as Spam Cannon, The Cheeto-Intel Deal Is Official
Links for the day
Wired Complained About LLM Slop Only Days Before It Got Caught Doing That Itself
Never throw stones in a glass house
IBM "Value" Down 14.16% in a Month, Red Hat Layoffs Allegedly Discussed 12 Days Ago
"IBM is a dinosaur. Dinosaurs get extinct when the don't keep up."
We're Seeing More Countries Where Windows Isn't Even in Second Place Anymore (Third or Worse)
In a way, Microsoft can barely even hold onto second place anymore
Microsoft Workers on Canonical's Payroll
If you want something that's sort of like Ubuntu but is not controlled by Canonical, then look into Linux Mint, Debian, or LMDE
GNU/Linux Climbs to 4% in Sierra Leone
Sierra Leone isn't a very rich country (to say the least), but it's better off than some of its neighbours
The SLAPPS Run Out of Oxygen Because They're Abuse of Process
At the end of the day we plan to publish over 1,000 articles explaining what happened
The Register MS Gets Paid by the Employer of the Previous Editor in Chief to Promote the "AI" Ponzi Scheme, Which Does Considerable Damage to the Web and to Online Journalists
The Register MS can 'badmouth' slop all it wants; it gets paid to inflate this bubble. It's actively participating in it.
Soon It'll be Autumn, Time to Repair Things
Where they don't charge an arm and a leg
Doing Our Best to Cover Software Patents When the Mainstream Media Does Not
Even the FSF has its limits
Gemini Links 23/08/2025: August Questions and Network Solutions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 22, 2025
IRC logs for Friday, August 22, 2025
Microsoft Has Issues in Guyana
It's not just Guyana
About 25% of the "Linux" News/Results in Google News Today Are LLM Slop, Almost 20% From the Same Rogue Operators of Slopfarms
Google, which tries to market itself as an LLM giant, apparently fails to understand what's wrong with it
Harassing People on Holiday
There are "no-go areas"; but that assumes all laws firms have ethical standards
The Great, Undeniable Value of Paper Trail, Not Purely Digital Systems
Suppose you have nothing but bits on someone else's computer and "word of mouth"...
The Company Behind Ars Technica, Reddit and Wired Caught Publishing LLM Slop (It Also Admits It Now)
Condé Nast busted
Links 22/08/2025: Lagrange 1.18.8, Wired Magazine and Business Insider Caught Resorting to LLM Slop
Links for the day
This Saturday It's Gonna be 3.5 Years* Since Russia Invaded Ukraine. No Microsoft Protests Against Microsoft Having Provided Russia With Services.
Companies do not have consistent policies and enforcement of "corporate values" is somewhat of an egg salad
Slopwatch: Sites Gone Rogue, Google Promoting Lies, and DDoS Attacks by Plagiarism Giants
Charlatans and frauds engage in a war against artistic industries, mislabeling plagiarism as "AI"
Links 22/08/2025: Cisco Layoffs, LA Times Says "AI Hype is Fading Fast"
Links for the day
Gemini Links 22/08/2025: K for Kentucky and Caddy Versus LLM Slopbots
Links for the day
The "End Software Patents" Initiative of the FSF Explains "WHY [to] ABOLISH SOFTWARE PATENTS"
We hope to cover patent-related issues more and more as the big anniversary of the FSF approaches
Freenode Sniffing
The grown-ups left the building
The Only Thing Worse Than Misinformation is Misinformation Sold to Everyone as "Intelligence"
Misplaced trust is worse than none at all
The Register MS Now Openly Admits LLM Hype Does Damage, But It's Also Being Paid to Participate in the LLM Hype (With Paid 'Articles' and 'Webcasts' for Paying Advertisers)
The Register MS gets paid to do this
End of the Smartphone Era? No.
Maybe the media should focus on producing accurate, factual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 21, 2025
IRC logs for Thursday, August 21, 2025
Enshittification of Airports, Airlines, and Airplanes
If people are willing to tolerate standard declines and enshittification (nowadays sold as "pivot to AI" or "replaced by AI" or "AI layoffs") they will pay for it some other way
Latest Is Not Greatest: The Case of "Foldable" Tech
don't be shamed into abandoning old things just because the "fashion industry" of Apple and Samsung tells you to
Airlines and Their Tricks That Only Work in the 'Digital Age'
People sceptical of the direction technology has taken are not "Luddites"
Open Source Initiative (OSI), Which Became a Propaganda Front of Microsoft and "Hey Hi" (Hype, Misnomer), Wants You to Forget These Scandals
A lot of these issues won't be set aside until there's a resolution