Bonum Certa Men Certa

Patent Trolls Demystified and Patent Reform Demanded

Bulb



Summary: Awareness of the blood-sucking leech which is NPEs keeps growing while more and more people subscribe to a call for real patent reform in the US, not a symbolic signing of some pointless act

THE LEGAL ISSUES-oriented Web sites cannot escape the tough reality about patent trolls. Groklaw carries on tracking the patent troll that gets patents from Microsoft's former CTO and his extortion firm, Intellectual Ventures. It seems to have been reasonably quiet as of late:





Not a great deal has happened in the various Lodsys cases since we last wrote. A lot of the activity pertains to whether Lodsys will get dragged into federal district court somewhere other than the Eastern District of Texas.

To recount all of the cases, Lodsys has four pending cases in the Eastern District of Texas against a variety of defendants. In turn, Lodsys is the defendant in eight active declaratory judgment actions - four in the Northern District of Illinois, two in the Eastern District of Wisconsin, one in Arizona, and one in the Southern District of California. There was a fifth declaratory judgment action brought against Lodsys in the Eastern District of Wisconsin by ESET, but ESET has voluntarily dismissed that action.


Lodsys has been working not only to discourage development for platforms other than Windows; it also got named for being the alter ego of Microsoft's former CTO, who had become the world's biggest patent troll. In an article posted by Ron Miller he wonders if "patent wars eventually have an impact on mobile IT," noting that "anybody who is anybody is suing or being sued for patent violations. The highest profile cases involve the biggest names like Oracle versus Google (which is in negotiations stage right now with the two CEOs supposedly hashing it out) and Apple versus Samsung (and vice versa)."

“Lodsys has been working not only to discourage development for platforms other than Windows; it also got named for being the alter ego of Microsoft's former CTO, who had become the world's biggest patent troll.”James Grimmelmann has a similar article, stating: "In the last few weeks, the smartphone industry appeared to produce more lawsuits than phones. Apple briefly managed to stop the sale of the Samsung Galaxy Tab 10.1 in all of Europe, and is now going after the whole Galaxy line. Back Stateside, Google first complained that Microsoft and Apple were using "bogus patents" to target Android, then spent $12 billion for Motorola and its patent arsenal. These are big, high-stakes fights—and the last company left standing may walk away with control over nothing less than the smartphone market itself."

Then there is the attack from dozens of patent trolls, which Bessen claims have cost the economy half a trillion dollars in just two decades [1, 2, 3] -- a claim that Red Hat's patent expert puts the spotlight on:

NPEs obviously have not stopped all innovation, but we are starting to understand how the losses they have caused are huge. It makes one wonder: what if the half a trillion dollars lost from NPE lawsuits had been channeled into socially productive uses? How much more innovation could we achieve if we quit tolerating this incredible waste?


Here is another new article on the subject:

The mess is like a hidden tax that hits each one of us every time we buy a gadget, whether it be a smartphone, tablet, PC or video-game console. The leading innovative companies that design and make these things are spending billions—billions—of dollars in an essentially meaningless and often absurd worldwide patent war.

Unfortunately, the America Invents Act addresses none of that.


Indeed. It's a joke of a 'reform'. It is worse than useless because it gives only the impression that something substantial was amended.

Over at Masnick's good Web site there is this criticism of patent trolls:

If At First You Don't Succeed As A Patent Troll, Just Sue Again



[...]

So, basically, after losing, they're just trying to expand what they claim the patent covers. It's hard to see this as anything more than a standard patent troll shakedown of a company that doesn't do anything demanding cash from the companies who do things... even when those things are obvious next steps that were discussed decades before the troll came on the scene.


One solution would be to amend the law to restrict passage of patents and require implementation, too.

Mr. Pogson gives this example of a patent troll and notes:

Twit Thinks He Invented Web Applications and Troll Sues World



[...]

Of course they wait 14 years to wait for the tech to become really valuable before “defending their property”…


The FSF, which recently got many signatures for a pro-Ogg petition, is now calling for people to sign the petition against software patents in the United States. To quote:

Join me and already over 12,000 others in petitioning the Obama administration to "Direct the Patent Office to Cease Issuing Software Patents".


Some days ago they only had over 10,000 signatures. The number if rising steadily and the White House must take action. This is not some petition hosted on another site but a rather official one which the administration cannot sweep under the carpet or turn a blind eye to. Here is a direct link to the petition (for US citizens).

Comments

Recent Techrights' Posts

Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
 
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day