Bonum Certa Men Certa

Patents Roundup: IBM Abuse Carries On, Patent Troll Tracker on Trial, Paltalk Bites Again, and Patent Law Challenged

IBM logo twist



Summary: IBM as part of the problem at the USPTO despite opposing business method patents; opposition to patent trolls gets radically harassed; patent abuse carries on despite and because of obvious problems with the system -- problems that get ignored

WHEN it comes to software patents, IBM is not a friend of Free software [1, 2]. When it comes to the patent system in general, IBM is part of the problem, not the solution. It may be opposing the Bilski patent, but the Bilski test which it created does not go far enough, probably by design. It has just gotten caught sending more of its wannabe 'inventions' over for the USPTO to process (the USPTO is now run by an ex-IBMer).



theodp writes "The first known use of a recorded laugh track is said to be in 1950, when the producers of the Hank McCune Show added canned laughter after the show's taping. Almost 60 years later, IBM says it deserves a patent for 'inventing' adding canned laughter to conference calls. 'A pre-selected stored sound (e.g., an interjection such as a laugh) may be generated if there is a period of silence on one of the telephone lines that exceeds a threshold,' explains Big Blue in its just-published patent application for Enlivening Conference Calls to Make Conference Calls More Interesting for Participants. Eureka!"


More in The Register:

While tried and true, option b comes with certain drawbacks. For one, the effort could get a gentleman sued by International Business Machines one day, should the method of inserting said flatulence be mechanical.

You see, the folks at TechDirt have uncovered a rather compelling patent application from Big Blue that claims invention of delivering canned sounds over the telephone.


IBM, unlike patent trolls such as Acacia, is not attacking Free software, but it lays the foundations for patent trolls to exist, as an unfortunate side-effect, a symptom.

The Patent Troll Tracker, Rick Frenkel, called the Eastern District of Texas "Banana Republic" and he now gets grief for simply saying the truth. Obviously, the masters of that "Banana Republic" wanted to gag him using a frivolous lawsuit [1, 2, 3, 4, 5, 6] that takes away his freedom of speech and harms his career.

Former patent blogger Rick Frenkel took the stand in the federal courthouse in Tyler, Texas, on Wednesday, and apologized for referring to the Eastern District of Texas as a "Banana Republic" in a post he published as the "Patent Troll Tracker." But Frenkel insisted his blogging about a patent infringement suit against his then-employer, Cisco Systems, was not defamatory.

"You know, I think I was outraged over a situation ... and I used words that were strong," said Frenkel. "But I sure didn't mean to hurt anyone by it." Frenkel apologized for using the phrase, and noted that he took it off the blog after 24 hours. In October of 2007, about 500 people per day were accessing the Troll Tracker blog, he added.


The Boston press has some coverage of the patent aggressor known as Paltalk. We wrote about it in when it sued Microsoft [1, 2, 3] and now it proceeds to suing more companies.

Turbine Inc. of Westwood, a leading maker of Internet-based, multiplayer video games, has been named in a patent infringement lawsuit that targets several of the world’s largest online gaming firms.

The complaint was filed by Paltalk Holdings Inc. of Jericho, N.Y., in the US District Court in Marshall, Texas, one of the nation’s most popular venues for patent lawsuits. “The eastern district of Texas is considered a plaintiff-friendly jurisdiction,’’ said Christopher Donnelly, a partner at Donnelly Conroy & Gelhaar LLP in Boston.


Here is some more new coverage.

Paltalk, which recently settled a patent infringement tussle with Microsoft, has launched a new lawsuit against Turbine, Sony and other MMOG makers over their alleged infringement of the same technology.

Paltalk has filed suit against the makers of several popular MMOGs currently on the market, claiming the data-sharing technology employed in their games violates patents it purchased from the defunct company HearMe in 2002.


For future reference:



According to this report, the location is familiar. Guess where the lawsuit was filed? The "Banana Republic" Frenkel spoke about.

How is this beneficial to the market?

As Tim Lee stresses with the backing of the Coase Theorem, patents harm development.

One of the most famous essays in economics is Ronald Coase’s “The Problem of Social Cost.” Its key argument, which was later dubbed the Coase Theorem by George Stigler, says that in a world with zero transaction costs, the initial allocation of rights doesn’t matter because people will negotiate toward an allocation of rights that maximizes total social utility.

Coase illustrates this principle with an example involving a farmer and a rancher who occupy adjacent parcels. The rancher’s cattle sometimes stray onto the farmer’s land and damage his crops. Coase’s claim is that it doesn’t matter whether the law holds the rancher liable for the damage to the farmer’s crops or not: either way, the rancher and farmer will reach a bargain that maximizes the joint value of the rancher and farmer’s output.


Here is another new rebuttal to the fallacy (and propaganda) that the American economy owes its progress to patents.

Some asked me if this proved patents do encourage innovation. But of course it does not. This proves absolutely nothing, in fact, except that there can still be growth despite state intervention such as intellectual monopoly grants. Correlation is not causation. I hope Obama doesn't see this--I'm sure he could whip up a similar chart correlating growth over the last two centuries with, say, increasing taxes, increasing federal spending, increasing federal size/employment, increasing military size, increasing efficiency at mass murder, and so on.


Even front groups of proprietary software companies seem to agree that patents are counter-productive, depending on the situation (whose side is the plaintiff). Those who disagree with patent abolishers are often lawyers and patent examiners, who primarily monetise this system for personal gain -- a broken system they helped create and maintain in the first place.

"Technology products typically consist of hundreds or thousands of patented components. It therefore is impossible for technology companies to investigate all of the patents, and pending patent applications that may be relevant to a new invention (product), notwithstanding their best efforts to do so." —Business Software Alliance, Amicus Brief to the Supreme Court in eBay Vs MercExchange



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
 
[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