The world`s largest troll, Norway
Few topics can illicit a more guttural response from an open source advocate than the topic of software patents. In many respects they are the very anti-thesis of open source. In security there has been one particularly irksome patent that has bedeviled the industry for years and probably held back innovation and progress in gateway anti-virus technology. Now after all these years, as many have claimed in the past, the patent is on the verge of being over turned as invalid. The best news is that it very well may have been the open source community that showed it as invalid!
Last week, MDB Capital Group--an IP-focused investment bank that promises to help investors understand "the hidden value of intellectual property assets and future technological leadership"--held what it billed as its first annual "Bright Lights" intellectual property conference, bringing together IP-centric speakers from a variety of small and medium-size companies.
The Prior Art attended the opening panel, which included the heads of two of the largest, and most litigious, patent-holding companies—Erich Spangenberg and Paul Ryan, the CEO of Acacia Research Corp., the largest publicly traded patent-licensing company.
The panel also included representatives from consultancy ipCapital Group and RPX Corp., which buys litigated patents in order to strike deals between NPEs and operating companies, as well as IP guru Marshall Phelps. (Phelps is something of a legend for building IBM's legendary $2 billion patent-licensing operation; most recently, he helped Microsoft build up a patent-licensing operation before leaving the company last year.
Nortel may raise $1.1 billion from patents
Nortel Networks Corp., the insolvent Canadian phone-equipment maker, may get as much as $1.1 billion (U.S.) for technology patents that analysts say would benefit potential bidders including Research In Motion Ltd.
Much of what Mueller has been doing of late is setting himself as an active FOSS advocate, and that’s a good thing.
Harmfulness ranking of ways to use software patents
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That trend isn't difficult to imagine. Just look at the current situation surrounding smartphones, a field in which there's now a number of lawsuits and countersuits among big players as well as different non-producing entities ("patent trolls") targeting large vendors.
In light of all that's going on, which ways to use software patents are more harmful than others? After giving it some thought, I have arrived at this harmfulness ranking:
1. most harmful: malicious strategic patent holders pursuing exclusionary/anti-competitive objectives
2. second-most harmful: non-producing entities ("patent trolls")
3. least harmful: cooperative strategic patent holders granting licenses to entire portfolios on acceptable terms
[...]
"Trolls" are a feature -- not a bug -- of the software patent system
The above subhead is a summary of a statement that Carlo Piana, a leading European FOSS lawyer, recently made on identi.ca/Twitter.
If one believes that certain general ideas should be "monopolizable" through patents, then it's a natural consequence that some will obtain (or acquire) patents and try to derive commercial benefits from them without ever creating their own products. Far be it from me to defend the concept of "patent trolls" -- I just want to point out that it wouldn't be practical to impose an obligation on every patent holder to make actual products. At the most it might be possible to limit the procedural rights of a non-producing entity to the right to be indemnified (excluding injunctive relief).
--Marshall Phelps
Comments
NotZed
2010-06-04 08:01:33
Bullshit. 'open sauce' says nothing about patents.
Antithesis of free software yes, but not at all for open sauce.
Dr. Roy Schestowitz
2010-06-04 08:37:32