Bonum Certa Men Certa

Patents Roundup: Acacia Extortion, European Lobby, and Failed Systems

"Plager said he regretted the unintended consequences of the decisions in State Street Bank and AT&T. Those rulings led to a flood of applications for software and business method patents, he noted. If we “rethink the breadth of patentable subject matter,” he said, we should ask whether these categories should be excluded from patent protection." —US. Senior Judge S. Jay Plager, speaking at a symposium at George Mason University



Bad Software Patents



AMONG the many weird patents that are new we also find several from Acacia, which accommodates Microsoft employees and attacks GNU/Linux [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11].



Acacia does not make products or inventions. It's relies on patent mercantile. Here is one of the latest purchases:

Acacia Subsidiary Acquires Patent for Online Promotion Technology

This patented technology generally relates to online promotion of consumer products and can be used to provide consumers with web access to discount coupons and rebate offers.


Acquisitions are followed by extortions (racketeering), such as this latest one:

Acacia (ACTG) Subsidiary Enters Patent License Agreement with Horizon Tech.

Acacia Research Corporation (Nasdaq: ACTG) announced today that its subsidiary, Telematics Corporation, has entered into a patent license agreement with Horizon Technologies, L.L.C. The Telematics technology generally relates to systems and methods for displaying mobile vehicle information on a map.


"Enters Patent License Agreement" means "Receives Protection Money". Mind the generality of the patent above and behold the type of -- shall we say -- rubbish that becomes a patent in the United States:

Meanwhile, Experian and Visa offer BankruptcyPredict, a bankruptcy score that "uses patented technology and processes to create a more comprehensive view of consumers most likely to drive bankruptcy losses over the next 24 months," according to its Web site. BankruptcyPredict scores range from 50 to 950, with a lower number indicating a higher risk of bankruptcy, Experian's Wagner says.


The Bilski ruling is likely to have eliminated such a ridiculous patent, which should now be too frail to stand a chance in court [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14].

There is a lot of pro-software patents lobbying in Europe and Digistan asks the question, "Where does the pressure come from?"

Although it does not say this in Digistan, the answer is "Microsoft", but it's not alone.

Peter Jungen and the EEI wonder if openness rhetorics risks turning Europe into an innovation "dead zone".


We wrote about Peter Jungen last month. He's likely to be part of the cronies cartel.

As asserted rather explicitly in this post from About.com, software patents are a horrible idea. [via Digital Majority]

Software Patents are a means to extort money from companies who can't afford to defend themselves in court. The typical cost is at least $1 million. This very recent example shows all that is wrong with software patents in the US.


Characteristics of a Failed System



Signs that a reform is desperately (and urgently) needed are all over the place. From the past few days alone we gather:

1. Brookings Conference on Software and Business Method Patents Highlights Need for Reform

Last week there was a conference of significant interest to the free and open source software community on the problem of software and business method patents at the Brookings Institution in Washington, D.C. I was pleased to find that Red Hat is by no means alone in its opposition to patents on abstract ideas. There were, to be sure, some proponents of the status quo, but respected voices are acknowledging the serious problems in the current system and laying the intellectual groundwork for reform.

The conference was co-sponsored by the Computer & Communications Industry Association (of which Red Hat is a member) and Duke University School of Law (our neighbor just down the road in Durham, N.C.). A list of the two dozen scholars, lawyers, and industry representatives who participated is here.


2. Patent Trolls Erode the Foundation of the U.S. Patent System

Climbing out of the deep economic recession the United States is facing will require multiple remedies, but there is no doubt that ongoing innovation will be critical to restoring the long-term economic health and prosperity of our country. Innovation is so key to our nation’s prosperity that our founders enshrined the general principle of intellectual property as an essential element of economic development in Article 1, Section 8 of our Constitution. The basis for this constitutional provision establishing a patent system was not the protection of individual rights to inventions per se, but rather the promotion of economic development in a young and ambitious country.


3. When All You Have Is A Patent Hammer, Every Software Task Looks Like A Nail

If I'm right that, as I argued on Friday, there's a cultural gap between the patent bar and the technology industry on the subject of software patents, an interesting question is how we got them in the first place. After all, it wasn't that long ago that software was widely believed to be unpatentable, and major technology firms were hardly clamoring for patent protection. Peter Mennell, a Berkeley law professor who spoke at last Wednesday's Brookings patent conference had an interesting perspective on how this came about. He argues that the impetus for software patents came from patent attorneys within major software firms who spread the "gospel of patenting" within their companies. Not surprisingly, CEOs tend to delegate patent issues to their patent lawyers, and of course patent lawyers will tend to have more pro-patent views than their bosses. And so despite the fact that few technology executives were enthusiastic about patenting, the patent lawyers who worked for them pushed their firms in that direction. And of course, once some software firms started acquiring significant numbers of patents, it sparked the arms race that we've talked about here at Techdirt.


4. Firm Files Complaint for Patent Violation Against Nokia, RIM and Palm

Saxon Innovations of Tyler, a patent-holding company from Texas, is reported to have claimed that up to three patents it owned had been violated by six companies that import handsets into the United States, including Research in Motion, Palm and Nokia.


Saxon Innovations of Tyler is just a patent troll. Unlike other patent trolls, these litigators don't even have a Web site. Their homepage currently states: "Saxon Innovations LLC website is currently under construction. Please visit us again soon."

Mysteriously enough, contrary to last year's findings from Patent TrollTracker (Rick Frenkel [1, 2, 3, 4]), intellectual monopoly litigation is said to be declining.

There's a new report out that highlights that there were fewer IP related lawsuits in the US in 2008 than in 2007. The drop was about 10%: from 10,276 to 9,210. However, the reasoning given in the report for the decline is difficult to square with reality. It claims that: "The trend reflects the success of the recording industry in protecting its copyrights, leading the industry to bring fewer lawsuits in the past few years.


Could recessionary trends be the cause? Patent/IP litigation is an expensive gamble. SCO knows.

"I think that "innovation" is a four-letter word in the industry. It should never be used in polite company. It's become a PR thing to sell new versions with.

"It was Edison who said "1% inspiration, 99% perspiration". That may have been true a hundred years ago. These days it's "0.01% inspiration, 99.99% perspiration", and the inspiration is the easy part. As a project manager, I have never had trouble finding people with crazy ideas. I have trouble finding people who can execute. IOW, "innovation" is way oversold. And it sure as hell shouldn't be applied to products like MS Word or Open office."

--Linus Torvalds

Comments

Recent Techrights' Posts

A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
 
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work