Bonum Certa Men Certa

Press Continues to Focus on Patent Trolls Rather Than Patent Scope and Software Patents

Focus is lost

Camera focus



Summary: A deviation from the core issue a key trend now that everyone mentions "trolls" to trivialise the problem with the patent system

Our posts which criticise the US patent system (USPTO) receive a lot of positive attention because people overwhelmingly agree. We are told that a new survey says patent attacks scare off customers and kill businesses -- something which patent lawyers would rather avoid discussing. The problem, however, is that Chien (law professor) singles out trolls and not software patents. To quote an article about the new study:



A new survey of in-house lawyers is adding some heft to the claim that patent attacks, especially by so-called "trolls," are hurting the economy. Professor Colleen Chien of Santa Clara University revealed the results of her survey of 116 in-house lawyers today, and it shows that patent trolls—or companies that exist simply to litigate patents—are more prevalent than one might think.

Chien led off her brief talk by laying out the scope of the problem. Fully 62 percent of the patent lawsuits brought in 2012 were filed by trolls, which she calls Patent Assertion Entities or PAEs, the same nomenclature used by the government.


How about quantifying -- proportion-wise -- the frequency of software patents being involved?

Here is another article which shifts attention to trolls by saying "CBS also might be on the cutting edge when it comes to dealing with patent trolls, who seek reimbursement for companies alleging infringing on their patents. Previously, CBS would give them some money to just go away. These days, CBS partners with others to take a stand against patent trolling."

Trolls are not the only issue; authors should be reminded of that. The same goes for copyright. Copyright trolls, as they are increasingly being labeled, are not the biggest issue with copyright law as it stands today. To give an example of copyright misuse consider the SCO case. 10 years down the line the harassment of Linux using copyright claims carries on. As Pamela Jones put it the other day:

That's a bonk on the head for SCO, for sure, by a judge who demonstrates the simple truth that judges tend to be brainiacs, and they know it's a duck when they see one paddling along calling out "quack, quack" even if it holds up a sign saying, "I am a Swan." Utah, or so I've read, is the scam capitol of the US. So judges there not only have brains, they probably get a lot of experience as well, one assumes. Judge Nuffer also ruled that he doesn't think oral argument would be needed on this, so SCO's request for a hearing is also denied. I guess you could call it a no-brainer. I mean, fair is fair. Isn't that what courts are supposed to be for? But dealing with SCOfolk does take brains and some careful planning, because they are tireless and nothing dissuades them from trying again any which way, and you see that careful thought went into this order. Also because dealing with SCO is like picking up a scorpion. You do want to give it some advance thought before you try it.


SCO is a reminder not only that trolls are the problem with so-called 'IP'; it is also a reminder of the fact that large entities, such as Microsoft, like to use smaller entities, e.g. Nokia, to attack the competition. Nokia and SCO were both paid by Microsoft. ⬆

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, BayStar, key investor in SCO approached by Microsoft



Recent Techrights' Posts

Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
 
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026
Gemini Links 20/10/2026: The Brothers Who Fought Mussolini and a Dying Main Laptop
Links for the day
Brett Wilson LLP Has Almost Zero Litigation Clients This Year (in the Area They Specialise in)
The silence on the financial front, combined with the lack of new clients, is deafening
Where to Celebrate the 20-Year Anniversary
let us know in IRC
Cheapening of the Workforce at IBM and Microsoft, Typically Without Even Announcing Any Layoffs
from leadership to compelled "retirement"
Help Us Improve Techrights
The site relies on teamwork in a growing community; even readers are part of it
Links 20/10/2026: $100 Million ICE “Intelligence” Program and France Riots
Links for the day
Gemini Links 20/10/2026: GAFAM GCP Outage in the UK and New Oddμ Release
Links for the day
Articles in The Register MS Composed by Employees of the Companies They're About
The Register MS is the place to be
Intercontinental Brigading - Part IX - Swatting is Not Funny, Swatting is a Murder Attempt
“Swatting is not harmless. It is a serious crime that can lead to dangerous situations and divert law enforcement away from someone facing an actual emergency. What callers may believe to be a ‘joke’ actually risks the public safety of our communities and can carry lifelong consequences for those responsible”
Links 20/10/2026: Facebook Scraping and Plagiarising News Sites, Copyright Act Turns 50
Links for the day
Microsoft's XBox Leadership and Strategy is Slop
XBox sales are already worst in the entire history of XBox
81% Voted in Favour of EPO Strikes Until End of This Year
Who's in the line of succession at EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 19, 2026
IRC logs for Monday, October 19, 2026
Gemini Links 20/10/2026: Old Movies, Bandera Hike, and Mongolian
Links for the day