01.04.10

Gemini version available ♊︎

Judge Randall Rader Redefines “Patent Troll”

Posted in Courtroom, Europe, IBM, Law, Microsoft at 6:18 am by Dr. Roy Schestowitz

IMTFE judges

Summary: Rader defends patent trolls by extending their scope of definition to Microsoft and IBM

A few days ago we discussed the term "patent troll", which the trolls are hoping to redefine and thus escape. A leading story in the intellectual monopoly meta-industry would be these words[PDF] from Rader. According to one article:

He also said that the pejorative but popular term, “patent troll,” which is often used to describe entities who own patents solely for the purpose of asserting them, is “terminology of the Skeptisaur.” “Almost every IP owner has patents it doesn’t practice,” said Rader. “That term would also cast away universities and research institutions, who are some of our most important contributors.”

Instead, Rader defined a troll as “anyone – from IBM and Microsoft down to the smallest patent owner – who asserts a patent far beyond its value.”

The answer to this problem, said Rader, is to find a way of properly valuing IP early in the litigation process, so that the value of a particular patent cannot be too grossly inflated. “Maybe we can short circuit the troll problem by assigning proper value to patents,” said the Judge.

The above was found by the president of FFII, who also shares the following post on “how to get Software Patents in the UK patent office.”

This law firm takes pride in finding loopholes to create harmful monopolies:

It is clear that patents offer greater protection over copyright and those computer programs which possess technical character should be protected as such rather than relying merely on copyright protection.

Copyright is sufficient, say programmers. Software patents are not formally legal in the UK, bar the Symbian case.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

10 Comments

  1. Jose_X said,

    January 4, 2010 at 6:53 am

    Gravatar

    It’s not really that copyrights are sufficient so that “patent protections aren’t needed”, as it is that patents can be very disruptive and simply put control out of the hands of those trying to advance the industry and society.

    Patents are too broad; they have scope over many inventions which simply resemble the patent author’s invention like the body resembles its shadow. Patents are too biased in favor of wealthy competitors; they are not automatic and are too expensive to take out and maintain. They are too stifling; they grant an absolute monopoly and for too long of a period of time (this is especially true for intangible creations and in the Internet collaboration/instant sharing era). They don’t recognize independent inventions; hence, they are quite unfair and disruptive to honest hard-working individual inventors and by extension to society (since honest inventors — who are as capable as dishonest inventors if not more — are much more likely to participate within society under fair terms).

    The result of all of this is that they clearly damage society and innovation. But then again their point is to allow some (trolls) to leeching off innovation, to allow others (titan companies) to control innovation, and/or to allow still others (lawyers) to make lots of money supporting them.

    [A recent rebuttal covering the above in more detail is in the comments section of http://www.againstmonopoly.org/index.php?limit=10&chunk=0&perm=593056000000002130 ]

    Roy Schestowitz Reply:

    Copyrights are “cheap”. You can earn them as soon as you code. Patents, on the other hands, are unfair barriers that only the rich can afford.

    your_friend Reply:

    Patents are a form of tax farming, a backdoor private tax. Governments create monopolies under the assumption that it will be easier to extract taxes from a small number of easy to control companies that are able to price gouge everyone else. At their best, as in the case of the early US, governments will claim they grant temporary monopolies for the public good, the advancement of the art or some other noble cause that outweighs odious exclusion and market interference. Regardless of justification, price gouging by the owner is the intended result.

    Patents on ideas are the most odious form of exclusion governments can make. It would be more honest and practical for government to grant outright manufacturing monopolies, as Kings and Communists once did, than it is for them to grant monopolies on concepts that mutually exclude all from doing anything. The US system has stagnated one of the richest economies in the world to the point where it seems practical to have all manufacturing done by Communist China.

    Roy Schestowitz Reply:

    Things will be getting more complicated if the patent system keeps retarding local production. At the moment, the debt keeps growing.

    http://www.globalresearch.ca/index.php?context=va&aid=16749

    Jose_X Reply:

    >> to allow others (titan companies) to control innovation

    What I meant was “to throttle (slow down) innovation”

  2. Jose_X said,

    January 4, 2010 at 7:02 am

    Gravatar

    The judge appears to be trying to improve upon a broken system.

    Here is a lawyer (Neil Schulman) that is gung-ho for creating as many types of ownerships as one can contrive. http://www.againstmonopoly.org/index.php?limit=10&chunk=0&perm=593056000000002112

    The reply form Stephan Kinsella:

    >> Your mistake is in assuming that any “thing” can be owned. There are an infinite number of “things” out there–the human mind can conceptually understand the world in any number of ways. My love for my poodle “exists”. The fact-that-the-earth-rotated-today exists. My ability-to-jog exists. Poems exist. Crime exists. There “are” facts. I “have” memories. Perfume scents “exist.” Physics equations and mathematical algorithms “exist.” The method of long division is a “thing”. It is obviously ludicrous to assert that just because I can define or name or conceptualize a “thing” that it does, or even can, have an owner. We do not even get to the question of “who owns that thing?” unless the thing is an ownable thing. Not all things are ownable things. What is ownable? Only scarce resources. Information is not a scarce resource. You and I can both use the transistor-idea at the same time.

    Jose_X Reply:

    The judge appears to be trying to improve upon a broken system.. without first fixing the broken axioms.

    Roy Schestowitz Reply:

    All of our output — whether we like it or not — is just a combination of inputs. In other words, we put together things that we learn to make up “new” things. If we claim “ownership” of our “output”, who “owns” the “inputs”? Should all “inputs” carry a fee and/or a penalty? Does this transfer of imaginary wealth (liabilities) advance research in any way? Or is it an unnecessary inconvenience?

  3. Yuhong Bao said,

    January 4, 2010 at 11:22 am

    Gravatar

    In fact, it was exactly about the definition of the word “patent troll” that caused MS to be charged for misconduct in the MS/i4i case.

    Roy Schestowitz Reply:

    Not quite.

    ‘The judge cited a particular incident in which a Microsoft lawyer compared plaintiff i4i, Inc. to banks that sought bailout money from the federal government under the Troubled Asset Relief Program.’

    ‘”He further persisted in improperly trying to equate i4i’s infringement case with the current national banking crisis implying that i4i was a banker seeking a ‘bailout’,” Davis said.’

    http://www.informationweek.com/news/software/enterpriseapps/showArticle.jhtml?articleID=219400044

    It’s a different analogy.

DecorWhat Else is New


  1. Links 19/10/2021: MyGNUHealth 1.0.5 and Ubuntu 22.04 Now Developed

    Links for the day



  2. [Meme] [Teaser] Thrown Under the Bus

    Tomorrow we shall look at Danish enablers of unlawful EPO regulations, Jesper Kongstad and Anne Rejnhold Jørgensen



  3. The World Needs to Know What Many Austrians Already Know About Rude Liar, the Notorious 'Double-Dipper'

    Today we publish many translations (from German) about the Austrian double-dipper, who already became the subject of unfavourable press coverage in his home country; he’s partly responsible for crushing fundamental rights at the EPO under Benoît Battistelli‘s regime



  4. The EPO’s Overseer/Overseen Collusion — Part XVI: The Demise of the Austrian Double-Dipper

    Friedrich ‘Rude Liar’ Rödler is notorious in the eyes of EPO staff, whom he was slandering and scandalising for ages while he himself was the real scandal



  5. Links 18/10/2021: Porteus Kiosk 5.3 and Ventoy 1.0.55

    Links for the day



  6. [Meme] [Teaser] More to Life Than Patents

    Greedy sociopaths oughtn’t be put in charge of patent offices; this is what’s dooming the EPO in recent years (all they think about is money



  7. Microsoft GitHub Exposé — Part II — The Campaign Against GPL Compliance and War on Copyleft Enforcement

    Microsoft contemplated buying GitHub 7.5 years ago; the goal wasn’t to actually support “Open Source” but to crush it from the inside and that’s what Microsoft has been doing over the past 2.5 years (we have some details from the inside)



  8. Links 18/10/2021: Linux 5.15 RC6 and 7 New Stable Kernels

    Links for the day



  9. [Meme] The Austrian School of Friedrich Rude Liar

    With reference to the Austrian School, let’s consider the fact that Friedrich Rude Liar might in fact be standing to personally gain by plundering the EPO‘s staff by demonising them while helping Benoît Battistelli crush them



  10. IRC Proceedings: Sunday, October 17, 2021

    IRC logs for Sunday, October 17, 2021



  11. How (Simple Technical Steps) to Convince Yourself That DuckDuckGo is Just Spyware Connected to Microsoft, Falsely Advertised as 'Privacy'

    In recent days we published or republished some bits and pieces about what DuckDuckGo really is; the above reader dropped by to enlighten us and demonstrate just how easy it is to see what DuckDuckGo does even at the client side (with JavaScript); more people need to confront DuckDuckGo over this and warn colleagues/friends/family (there’s more here)



  12. Austria's Right-Wing Politicians Displaying Their Arrogance to EPO Examiners

    The EPO‘s current regime seems to be serving a money-hungry lobby of corrupt officials and pathological liars; tonight we focus on Austria



  13. [Meme] Friedrich Rödler's Increasingly Incomprehensible Debt Quagmire, Years Before EPO Money Was Trafficked Into the Stock Market

    As it turns out, numerous members of the Administrative Council of the EPO are abundantly corrupt and greedy; They falsely claim or selfishly pretend there’s a financial crisis and then moan about a "gap" that does not exist (unless one counts the illegal gambling, notably EPOTIF, which they approved), in turn recruiting or resorting to scabs that help improve ‘profit margins’



  14. The EPO’s Overseer/Overseen Collusion — Part XV: Et Tu Felix Austria…

    Prior to the Benoît Battistelli and António Campinos regime the EPO‘s hard-working staff was slandered by a corrupt Austrian official, Mr. Rödler



  15. Links 17/10/2021: Blender 2.93.5, Microsoft Bailouts

    Links for the day



  16. Links 17/10/2021: GhostBSD 21.10.16 and Mattermost 6.0

    Links for the day



  17. IRC Proceedings: Saturday, October 16, 2021

    IRC logs for Saturday, October 16, 2021



  18. [Meme] First Illegally Banning Strikes, Then Illegally Taking Over Courts

    The vision of Team Battistelli/Campinos is a hostile takeover of the entire patent system, not just patent offices like the EPO; they’d stop at nothing to get there



  19. Portuguese Network of Enablers

    Instead of serving Portuguese people or serving thousands of EPO workers (including many who are Portuguese) the delegation from Portugal served the network of Campinos



  20. In Picture: After Billions Spent on Marketing, With Vista 11 Hype and Vapourware, No Real Gains for Windows

    The very latest figures from Web usage show that it’s hardly even a blip on the radar; Windows continues bleeding to death, not only in servers



  21. [Meme] [Teaser] Double-Dipping Friedrich Rödler

    As we shall see tomorrow night, the EPO regime was supported by a fair share of corrupt officials inside the Administrative Council



  22. The EPO’s Overseer/Overseen Collusion — Part XIV: Battistelli's Iberian Facilitators - Portugal

    How illegal “Strike Regulations” and regressive ‘reforms’ at the EPO, empowering Benoît Battistelli to the detriment of the Rule of Law, were ushered in by António Campinos and by Portugal 5 years before Campinos took Battistelli’s seat (and power he had given himself)



  23. Links 16/10/2021: SparkyLinux Turns 10 and Sculpt OS 21.10

    Links for the day



  24. “Facebook Whistleblowers” Aside, It Has Been a Dying Platform for Years, and It's Mentally Perverting the Older Generation

    Guest post by Ryan, reprinted with permission



  25. [Meme] Microsoft Has Always Been About Control Over Others

    Hosting by Microsoft means subjugation or a slavery-like relationship; contrary to the current media narrative, Microsoft has long been censoring LinkedIn for China’s autocratic regime; and over at GitHub, as we shall show for months to come, there’s a war on information, a war on women, and gross violations of the law



  26. EFF Pushes for Users to Install DuckDuckGo Software After Being Paid to Kill HTTPS Everywhere

    Guest post by Ryan, reprinted with permission



  27. The Reign in Spain

    Discussion about the role of Spain in the EPO‘s autocratic regime which violates the rights of EPO staff, including Spanish workers



  28. [Meme] Spanish Inquisition

    Let it be widely known that Spain played a role in crushing the basic rights of all EPO workers, including hundreds of Spaniards



  29. Why You Shouldn’t Use SteamOS, a Really Incompetent GNU/Linux Distribution With Security Pitfalls (Lutris is a Great Alternative)

    Guest post by Ryan, reprinted with permission



  30. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts