Bonum Certa Men Certa

Software Patents Are Core Issue, But New Obsession Names Just Patent Trolls as the Issue

It's about scope, not scale

Equilibrium



Summary: New examples from Internet news sites which show how the debate on software patent is being warped to focus on small players (trolls) and not large ones whose parasitical existence resembles that of trolls

THE DEBATE regarding patent reform is being derailed somewhat. It got reshaped by stakeholders with lobbyists. We addressed the subject several times recently, in posts such as:



  1. Regulators Target Patent Trolls But Lose Sight of Patent Cartels
  2. Patent Trolls Increasingly Recognised as an Issue, Taking Attention Away From Software Patents as Key Issue
  3. Patent Trolls and 'Royalties': Distracting From the Real Issue Which is Software Patents
  4. The Notion of "Software Patent Trolls"




An unnamed author in Rupert Murdochs' press ran a poll on patentability of software. Well, two thirds say "no" to software patents, but the total number of votes is low and thus it is easy to rig (real public opinion may be more hostile towards software patents). Is this a fair introduction?

The first patent for software in the U.S. was awarded in 1968. The question of whether patents should be granted for software has been debated ever since. In recent years, with the numbers of software patents and lawsuits involving those patents both growing rapidly, the debate has intensified.


Fair enough. It is worth adding that much of the world deviates from the US on this and suffers far less litigation such as troll atacks. Here is yet another article which focuses on trolls rather than software patents. It says:

Most of us are familiar with the famous Norwegian fairy tale, “Three Billy Goats Gruff.” where three hungry goats must cross a bridge to find more grass to eat. The problem is, underneath that bridge is a ferocious troll who wants to eat each one as it passes by.


This is not the main issue though; scope is the root of this issue. The Microsoft-run Nokia is still fighting to ban Android in Europe using patents which are probably invalid. Remember that Nokia is not a patent troll but a zombie patent portfolio currently exploited by Microsoft.

Nokia will have to start legal processes in each country as there is no such thing as a worldwide enforceable [patent] injunction.


See the article "Nokia could get the HTC One banned in Europe" and this one too. There is no injunction but a lot of intimidation, typical Microsoft FUD. Nokia is being used like a patent troll in this case, it is not just being used to arm patent trolls. So why talk about patent trolls as the principal or only issue? Perhaps because the government is still run by and funded by large corporations. It's them who call the shots.

The FTC has been notified by Linux and Android players, spoiled by misplaced focused and with further idiocy from Google which just strengthens software patents. B&N says the patent system is "broken" (more on that another day), whereas Google continues to liaise with the USPTO and dodge criticism of software patents.

Here is one wiser suggestion from a US Senator who at least identify the root issue correctly:

A U.S. senator has announced plans to introduce legislation that would expand patent law to create a method to challenge software patents, much like the one currently available to review covered business method patents.

It is a move welcomed by some members of the technology community, including Google, Inc, who believe there should be more rigorous review of what software is eligible for patents.

Senator Charles Schumer, a New York Democrat, plans to introduce the bill on Monday, his spokesman Max Young said on Wednesday.


Contrariwise, some continue to bicker about trolls. Here is a new example:

In the decade since it was founded in Dallas, IP Nav has established itself as a global leader in the increasingly lucrative business of "patent assertion," offering clients the ability to "maximize the value of their IP assets." Put more bluntly, it's a patent troll, shaking down companies by threatening them with lawsuits over patents that they or their clients are squatting on. They are a big problem in the tech world, and IP Nav is a big part of it. Rackspace, the San Antonio-based cloud computing firm, recently called the company "one of the most notorious patent trolls in America."


Ask what type of patents they use. Therein lies the real issue. It is worth noting that the world's largest patent troll (which spawned from Microsoft) is lobbying with a new 'study' that Mike Masnick covers as follows:

Giant Patent Troll Intellectual Ventures Does 'Study' To Show How Much Everyone Loves Patents



Apparently Intellectual Ventures' attempts to improve its dismal reputation as the worlds largest, most obnoxious patent troll don't seem to involve finding a legitimate business to be in, or actually doing something to help the world, but rather to ask some execs some loaded questions to produce a study pretending that execs really love patents and think they're great for innovation. The thing is, the study also shows that the execs they asked are somewhat clueless about patents or how they're being abused today.


Masnick concludes by saying: "See, next time why not ask them something a bit more accurate, like how they feel about "companies who go out and buy weak, broad patents on obvious things, and then use them to demand cash from companies actually competing in the market?" Or, rather than call them "patent licensing companies" call them by what everyone knows them as: patent trolls."

This strategy is not unique to patent trolls. Some dying companies, Nokia for instance, do something similar. The important thing is to discuss the patents and not those who use them. The patents are the root cause. Their issuer is the key culprit and it is often controlled by large corporations such as IBM.

Recent Techrights' Posts

Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
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
 
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
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