Bonum Certa Men Certa

Who Focuses on Patent Trolls and Who Targets Real Reform or Advocates Elimination of Software Patents?

Red Hat and Google continue to be among those who disappoint by losing focus

Glass-Steagall
Sen. Carter Glass (D—Va.) and Rep. Henry B. Steagall (D—Ala.-3), the co-sponsors of the Glass–Steagall Act which brought real reform after the Wall Street collapse



Summary: Distinguishing between those who say they want "patent progress" and those who actually want and pursue proper progress

"Good" patent lawyers are as few as "good" software patents (we wrote about this quite recently); there's none. Lawyers are devouring companies and organisations that oppose software patents and then hire the wrong people to help out. Those people profit from the mess and they protect their new job by never resolving the mess. There is some new EFF initiative called Trolling Effects, which is being used to focus attention on patent trolls. As one site, Patent Progress, put it:



Many a small business has been there. In the owner’s hands a letter filled with tons of legalese that makes little sense. They stare at the letter shocked, trying to figure out what the hell they are being accused of doing and how it means they might be liable for millions of dollars. It is becoming too real a story in America today – the plight of the patent demand letter recipient.


Here's more on this initiative, which the EFF is behind. To quote: "Wednesday also brought the launch of EFF’s Trolling Effects, a crowd-sourced database of patent demand letters, to bring transparency and attention to that troubling practice. And yesterday Matt Levy also pointed out that comedian Marc Maron (who was sued by Personal Audio, the infamous podcast patent troll) gave a great explanation and framing of the patent troll issue in a recent interview."

The EFF's approach towards patents as been somewhat ambivalent. Some lawyers there target just patent trolls, whereas others address (or claims to address) issues of scope. Patent Progress merely reports about the EFF, but it too seems to have lost focus on scope. As this site points out, "Comedian Marc Maron Gets That Patent Trolls Are Failed Inventors Trying to Hit the Lottery" (here is a famous example), but why focus so much on trolls? Another new post from this site says:

Yesterday, I attended a panel sponsored by the American Constitution Society, “Patent Assertion Entities: Helping or Hurting Innovation?” It was a great panel discussion, but, of course, there wasn’t time to respond to some points that needed responding to.


Rob Tiller too focuses on trolls. In Red Hat's platform he points out:

Patent reform is hot! The momentum seems to be building in Congress for patent reform to address the problem of nefarious patent exploiters (also known as non-practicing entities, patent assertion entities, and, less politely, trolls). As previously noted here, there are a number of serious legislative proposals circulating, and the President is pressing for new legislation.


Why doesn't Tiller ever target software patents properly? We highlighted this recurring pattern before (his tune three or four years ago was different]). Doesn't Red Hat want them over with? Maybe its own lawyers are creating a self-feeding mechanism which keeps them necessary? This sure seems to have happened in Google, as we noted several times before. The EFF too seems to have hired too many lawyers. The real problem is patent scope and as the new article "Broward firm ordered to pay $8.1 million for software patent violations" helps show, the problem is software patents, not just those which trolls are using. Becker gets it and even some writers at the Washington Post get it (citing him), motivating posts like this new one that says:

Dislike of software patents is no longer confined to wild-eyed Redditors and Mark Cuban. The Washington Post points us to two Nobel Prize-winning economists who have recently come out against the very idea of software patents and have said that their existence is actually inhibiting innovation more than helping. Economist Gary Becker, for one, acknowledges that some software developers will lose their incentive to create software if they aren’t guaranteed intellectual property protections. However, he thinks this is an acceptable price to pay if it means freeing other software developers from the burden of high legal expenses.


Patrick Hall, who recently criticised software patents, is being slammed by patent lawyers who complain that Wired dared to give one single columns to a non-lawyer. Meanwhile, reminding us that not just trolls are a pain, Motorola gets another day in court after Microsoft sued:

This was the hearing on their RAND dispute building up to the second part of the trial in this litigation which is set to begin on August 26th, and, as is typical before a trial, both sides brought motions for summary judgment or partial summary judgment. There was a trial already, part one, with the judge only, no jury, and he set a RAND rate Microsoft should pay to Motorola, a very low rate. But there is a second trial coming up in August, this time with a jury, on whether or not Motorola breached its RAND obligations, which is what Microsoft claims, and if so, whether Microsoft should receive damages and attorneys fees. Motorola filed a motion for partial summary judgment [PDF] on those issues. Here's Microsoft's opposition [PDF].


FRAND is about patent cartels, not trolls, and these too are a problem. Let's remember to focus on the real issue and not a red herring.

Recent Techrights' Posts

Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
SLAPP Censorship - Part 72 Out of 200: Microsoft's Graveley and Garrett Signed Documents That Hold Them Accountable to Truth and Liable for Lies
Such collaborations are unsavoury and apparently unprofessional, too
 
Codecs and Software Patents - Part V - A Reminder That GAFAM and the European Patent Office (Which Serves American Monopolists) Do Considerable Harm to the Commons and Culture
some 'breaking' developments
Gemini Links 10/05/2026: Inkscape, Guix, and Alhena 5.5.8
Links for the day
The "Alicante Mafia" at the European Patent Office (EPO) Experiments With New Methods for Crushing Industrial Actions
Open letter to VP1 and the COO [...] What does this tell us about the status quo at the European Patent Office, Europe's second-largest institution?
The Corrupt Lecture the Non-Corrupt - Part XVIII - "The European Patent Office (EPO) has a zero-tolerance policy for fraud" (except when managers do it)
The guidebook of the EPO says fraud is not to be tolerated, but who enforces or revisits such "Red Lines"?
Links 10/05/2026: Hantavirus Brings Back 'Contact Tracing' Surveillance, "Staple Food Prices Soar in Iran"
Links for the day
Links 10/05/2026: Fake Suicide Notes and New EU Restrictions on Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 09, 2026
IRC logs for Saturday, May 09, 2026
Gemini Links 10/05/2026: Travelling to Van and "Dark Mode" as Passing Fad
Links for the day
IBM's Kyndryl Holdings Inc Sank 70-75% in 'Value' in 10 Months, Will IBM Follow?
Kyndryl Holdings Inc now has a debt considerably higher than this company is said to be 'worth'!
Belated Sovereignty: GNU/Linux in Iran Skyrockets to 6% Amid Armed Conflict
unless they're truly in control of their networks, hardware and software, somebody else can control them
Gemini Links 09/05/2026: Liberation, The Nocturnals, Rediscovering Internet Radio, and More
Links for the day
Links 09/05/2026: Kremlin’s Biggest Day of the Year and FBI's Attack on the Media (to Save Face)
Links for the day
Google is "Bullshit"
Fix your slop, Google. It's broken.
SLAPP Censorship - Part 71 Out of 200: 5RB Barristers Made Tens of Thousands of Pounds by Changing From Plural to Singular for Microsoft's Graveley and Garrett
Could not even get the client's name right
Links 09/05/2026: "Grand Theft Oil Futures" and Mass Layoffs at Verizon
Links for the day
Gemini Links 09/05/2026: Inkscape "Copy Text Style" and NomadNet
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XVII - European Patent Office (EPO) Management Not Sharing Responsibility for Financial Resources
For those who wonder, EPO strikes are still going on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 08, 2026
IRC logs for Friday, May 08, 2026
Gemini Links 08/05/2026: Slop Falsely Marketed to Greedy Administrators and New Official Maintainer of Antenna Confirmed
Links for the day
Links 08/05/2026: French Prosecutors Seek Charges Against MElon, Europe Wants Young People Without Skinnerboxes (Smartphones)
Links for the day
2,000-4,000 More Layoffs Expected at IBM's Kyndryl, Some Say Over 10,000 Layoffs
They use euphemisms like "restructuring" or "rebalancing"
Social Control Media and GAFAM as National Security Threats (Domestically and More So Abroad)
"Algorithms control messages, swayed 2024 presidential election"
Gemini Links 08/05/2026: Dissociated Pride and Prejudice, Smallnet Protocols Roundup
Links for the day
Links 08/05/2026: Slop Profiteer NVIDIA (and Circular Financing/Accounting Fraud Leader) May Be Liable for Mass Copyright Infringement, Kyndryl (IBM) Layoffs
Links for the day
Outgoing OSI Chief Was Paid by Microsoft to Advocate for GPL Violations (Using the OSI's Name). Now, Inside OIN, He Says GPL Violations Are 'Freedom'.
It seems like only compromised people can be "allowed" to run today's OSI
SLAPP Censorship - Part 70 Out of 200: Microsoft's Graveley Injunction Request 100% the Same as Garrett's (Pure 'Copy-paste', Not Even a Word or Single Character Changed!)
Not so funny at all
Over 97% of the 'Linux' Foundation's Budget Goes Not to Linux
There is a term for this: mission creep
Cloudflare is a Giant Pile of Debt, Now There Are Mass Layoffs and Media Coverage About This is Churnalism, Sometimes by Slopfarms (False Excuses)
If Cloudflare goes under, it'll be great news
NDAs as a Price Tag on Criticism (or Honest Expressions of Opinion)
What ever happened to accountability? Suppressed by reverse bribes (via NDAs)?
Internal Microsoft Communications Confirm: "Buyout" Offer Worse Than a Year's Salary and Microsoft Offers "Retirement" to Young People Who Cannot Retire
Does that sound like a good offer or marching orders?
It's Not a GAFAM World Anymore and There Are Far More Operating Systems Than Google's, Apple's, and Microsoft's
we're not getting the full picture of what's happening
Site Overhauls at Cybershow and at analognowhere.com (Less is More!)
They seem to be replacing the heavy PHP backend with static HTML pages
Microsoft's XBox is Going Away Like Microsoft's Skype (Slowly But Surely, Then All at Once)
XBox is dying rapidly
Codecs and Software Patents - Part IV - Things Got So Bad That Some Laptop Sales Got Banned in the EU (Over Software Patents!)
If software patents lead to such severe outcomes, shouldn't the media pay closer attention to the problem?
The Corrupt Lecture the Non-Corrupt - Part XVI - EPO Had Data Breaches, Covered Them Up, Now Lectures Staff That Didn't Do It and Didn't Cover It Up
Imagine what would happen to staff if (non-anonymously) blowing the whistle on management leaking and then covering up EPO data breaches
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 07, 2026
IRC logs for Thursday, May 07, 2026
Mass Layoffs at IBM's Kyndryl, Slop Won't Save Kyndryl
Kyndryl is a "done deal". It's done. It's finished.