Bonum Certa Men Certa

In Debating Patents, Avoiding the Excessive Focus on Patent Trolls

A matter of focus

Lab



Summary: The scapegoat of an inherently broken patent system becomes almost the only element to be criticised, leaving the biggest issues unaddressed

The point about US patent debate (or USPTO policies) being distorted cannot be stressed too strongly. It is becoming a major issue. Evidently, given the increased coverage of the wrong issues, we can't risk repeating the point about lost focus. Not much is said about software patents and cartels these days. The corporate press and the corporations-funded government warp the debate to remove criticism of large corporations' misuse of patent monopolies [1, 2, 3, 4, 5, 6, 7, 8, 9]. Several people are starting to notice this. The problem with the Eolas patent is that it's a software patent, not that it's being used by a troll (see "Eolas Doesn’t Own Internet" from FOSS Force).



In his joint blog, Judge Posner writes about patent trolls, saying that a dubious "court has long played a promotional role in the patent system, having been created at a time (the early 1980s) when there were fears that the United States was being overtaken on the technological front by Japan. Those fears of course proved groundless. But the idea that American inventors needed more encouragement and therefore that the standard of patentability should be relaxed persisted. The result today is a vast number of patents in force—some 2 million—providing a rich source of inputs for the patent troll industry."

"Not much is said about software patents and cartels these days."Posner also opposes software patents [1, 2, 3, 4, 5], so he knows that trolls are not the only problem. The head (President) of the OSI responds to Darrel Issa, a politician who like many others in his field does not recognise the broader issue. Simon Phipps explains that it's not just trolls when he tells Issa that "corporations are also using patent law to chill valid competition. Remember to deal with them too."

The White House is serving big corporations by going only after trolls, and hardly even targeting entities like Intellectual Ventures (IV). The other day Steph said: "What’s frightening is how long IV sat on their stash and claimed they were just “helping innovators” and “furthering the field of science” by amassing all those patents. No one believed you, IV."

Here are some of the latest numbers: "Intellectual Ventures ("IV"), a patent-holding company founded by the former chief technology officer of Microsoft Corporation, recently began a patent enforcement campaign against the financial services industry. IV purports to have 70,000 patents, $6 billion in committed capital, and more than $3 billion in licensing revenue to date. IV has a history of aggregating a significant number of patents relating to a particular industry and then initiating aggressive litigation and licensing efforts against companies in that industry. IV has sufficient size and substantial resources to pursue its enforcement campaign and poses a considerable economic threat to its target industries, including financial services."

What will the White House do about it? This is a racketeering operation. Mark Bohannon, a sort of lobbyist from from Red Hat, acknowledges that trolls are an issue but does almost nothing to highlight issues relating to patent scope.

Giving its platform not to a lawyer for a change (this series is stuffed with them), Wired now features Patrick Hall, who explains how patent law harms innovation:

Patent Law Broken, Abused to Stifle Innovation



[...]

Software patents should last no longer than five years from the application date. Currently, patents last for twenty years, which is an outdated timeframe given the pace of software innovation. Patent lengths should reflect the speed of innovation within individual industries.


He does not focus only on patent trolls and his closing words are: "So long as malicious companies and opportunistic patent assertion entities can cannibalize the productivity and ingenuity of America’s tech community, advancements will stall, great ideas will crash before they ever take off, and the global community will miss out on opportunities to improve the human condition."

Given the way CPTN members like Oracle are conspiring to kill Android using patents, it is clear that not only trolls are a problem. Copyrights too are being used. Here is the latest from Oracle. As Pamela Jones put it, "Oracle is making a big fuss over trivialities. Normally, nobody sues over this kind of trivial copying. But since Oracle has, Google says it was supposed to demonstrate why such copying was *not* de minimis, which it has failed to do. Like, who could? It's stupidly teensy weensy stuff. Why Oracle can't see that it's making itself look petty and small is the only mystery." Notice the spin there from Oracle lobbyist Florian Müller.

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