05.15.10

Gemini version available ♊︎

“US International Trade Commission Supports Patent Trolls”

Posted in America, Apple, Courtroom, GNU/Linux, Law, Microsoft, Patents at 9:11 am by Dr. Roy Schestowitz

United States International Trade Commission seal

Summary: How the International Trade Commission (ITC) is adding to harm already caused by the USPTO

ON many occasions in the past we criticised the ITC for incentivising embargoes. Apple and Microsoft both misuse this power.

Law.com has this new report and Florian labels it an “article on how the US International Trade Commission supports patent trolls”

Patent Litigation Weekly: ITC Rolls Out the Welcome Mat for ‘Trolls’”

[...]

The International Trade Commission was created in 1916 to protect U.S.-based companies that made and sold goods within the country’s borders. In recent years, however, the agency’s definition of what qualifies as “domestic industry” has expanded to the point that small patent-holding companies with just a handful of employees (Saxon Innovations, St. Clair Intellectual Property Consultants) and even individual inventors have been allowed to proceed with ITC litigation.

Congress helped expand the ranks of who could seek remedies at the ITC in 1988 when it amended the “domestic industry” requirement to include “licensing” as qualification. Patent-holding companies have relied on that change ever since to justify their arguments that the taxpayer-funded ITC should ban imports of certain products on their behalf. Of course, in 1988, the patent litigation landscape was very different, and patent-holding companies—aka “non-practicing entities,” or “patent trolls”—in the modern sense simply didn’t exist.

It is curious that a US agency is called “International Trade Commission”. There are other examples like that, but they are beyond the scope of this post although these too employ sanctions/blackmail. See what the International Intellectual Property Alliance (IIPA) does to Free software for example. It’s a recent case.

“The ITC is a mechanism of colonisation and it assumes that the United States deserves the power to restrict trade beyond its borders.”Given the harm ITC can cause to innovation, more countries need to voice dissent. The ITC is a mechanism of colonisation and it assumes that the United States deserves the power to restrict trade beyond its borders. It’s hardly conceivable that huge populations like Brazil or India would impose similar restrictions using their hypothetical newly-minted agencies, which would in turn operate beyond their borders.

The ITC not only serves US interests; it also serves the interests of aggressors like Apple and Microsoft or parasites like Acacia, whose case against Linux we recently covered in:

According to Groklaw, some of the site’s contributors played a role in defeating Acacia, which has former Microsoft executives amongst its staff.

First, a call went out on Groklaw for prior art. When news of this litigation first broke in 2007, and I asked if any of you knew of any prior art, one of the first comments mentioned the Amiga. I kid you not. Another almost immediately mentioned still owning an Amiga or two. In 2009, Red Hat officially asked the world for prior art, and again someone here mentioned the Amiga. So you guys knew before the lawyers did, which of course you would. It’s your area of expertise. That’s what I get from it. And that I should have made sure they were reading Groklaw in 2007. Next time.

Better still, you want to help. When Novell put out a statement about the jury’s ruling, it said that the open source community will always fight for its software. And that is true. It did, it still does, and it always will.

Isn’t it ironic that Novell says this (rather than Red Hat, for example)? It is Novell which is harming the Free software community, parts of which are fighting against Novell/Microsoft. That’s the type of shameless PR we wrote about earlier today (Novell routinely uses the SCO case in the same way, essentially for PR purposes).

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.

DecorWhat Else is New


  1. 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)



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

    Links for the day



  3. [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



  4. IRC Proceedings: Sunday, October 17, 2021

    IRC logs for Sunday, October 17, 2021



  5. 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)



  6. 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



  7. [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’



  8. 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



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

    Links for the day



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

    Links for the day



  11. IRC Proceedings: Saturday, October 16, 2021

    IRC logs for Saturday, October 16, 2021



  12. [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



  13. 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



  14. 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



  15. [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



  16. 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)



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

    Links for the day



  18. “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



  19. [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



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

    Guest post by Ryan, reprinted with permission



  21. 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



  22. [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



  23. 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



  24. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021



  25. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  26. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  27. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  28. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  29. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  30. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way


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