Bonum Certa Men Certa

Who Focuses on Patent Trolls and Who Targets Real Reform or Advocates Elimination of Software Patents?

Red Hat and Google continue to be among those who disappoint by losing focus

Glass-Steagall
Sen. Carter Glass (D—Va.) and Rep. Henry B. Steagall (D—Ala.-3), the co-sponsors of the Glass–Steagall Act which brought real reform after the Wall Street collapse



Summary: Distinguishing between those who say they want "patent progress" and those who actually want and pursue proper progress

"Good" patent lawyers are as few as "good" software patents (we wrote about this quite recently); there's none. Lawyers are devouring companies and organisations that oppose software patents and then hire the wrong people to help out. Those people profit from the mess and they protect their new job by never resolving the mess. There is some new EFF initiative called Trolling Effects, which is being used to focus attention on patent trolls. As one site, Patent Progress, put it:



Many a small business has been there. In the owner’s hands a letter filled with tons of legalese that makes little sense. They stare at the letter shocked, trying to figure out what the hell they are being accused of doing and how it means they might be liable for millions of dollars. It is becoming too real a story in America today – the plight of the patent demand letter recipient.


Here's more on this initiative, which the EFF is behind. To quote: "Wednesday also brought the launch of EFF’s Trolling Effects, a crowd-sourced database of patent demand letters, to bring transparency and attention to that troubling practice. And yesterday Matt Levy also pointed out that comedian Marc Maron (who was sued by Personal Audio, the infamous podcast patent troll) gave a great explanation and framing of the patent troll issue in a recent interview."

The EFF's approach towards patents as been somewhat ambivalent. Some lawyers there target just patent trolls, whereas others address (or claims to address) issues of scope. Patent Progress merely reports about the EFF, but it too seems to have lost focus on scope. As this site points out, "Comedian Marc Maron Gets That Patent Trolls Are Failed Inventors Trying to Hit the Lottery" (here is a famous example), but why focus so much on trolls? Another new post from this site says:

Yesterday, I attended a panel sponsored by the American Constitution Society, “Patent Assertion Entities: Helping or Hurting Innovation?” It was a great panel discussion, but, of course, there wasn’t time to respond to some points that needed responding to.


Rob Tiller too focuses on trolls. In Red Hat's platform he points out:

Patent reform is hot! The momentum seems to be building in Congress for patent reform to address the problem of nefarious patent exploiters (also known as non-practicing entities, patent assertion entities, and, less politely, trolls). As previously noted here, there are a number of serious legislative proposals circulating, and the President is pressing for new legislation.


Why doesn't Tiller ever target software patents properly? We highlighted this recurring pattern before (his tune three or four years ago was different]). Doesn't Red Hat want them over with? Maybe its own lawyers are creating a self-feeding mechanism which keeps them necessary? This sure seems to have happened in Google, as we noted several times before. The EFF too seems to have hired too many lawyers. The real problem is patent scope and as the new article "Broward firm ordered to pay $8.1 million for software patent violations" helps show, the problem is software patents, not just those which trolls are using. Becker gets it and even some writers at the Washington Post get it (citing him), motivating posts like this new one that says:

Dislike of software patents is no longer confined to wild-eyed Redditors and Mark Cuban. The Washington Post points us to two Nobel Prize-winning economists who have recently come out against the very idea of software patents and have said that their existence is actually inhibiting innovation more than helping. Economist Gary Becker, for one, acknowledges that some software developers will lose their incentive to create software if they aren’t guaranteed intellectual property protections. However, he thinks this is an acceptable price to pay if it means freeing other software developers from the burden of high legal expenses.


Patrick Hall, who recently criticised software patents, is being slammed by patent lawyers who complain that Wired dared to give one single columns to a non-lawyer. Meanwhile, reminding us that not just trolls are a pain, Motorola gets another day in court after Microsoft sued:

This was the hearing on their RAND dispute building up to the second part of the trial in this litigation which is set to begin on August 26th, and, as is typical before a trial, both sides brought motions for summary judgment or partial summary judgment. There was a trial already, part one, with the judge only, no jury, and he set a RAND rate Microsoft should pay to Motorola, a very low rate. But there is a second trial coming up in August, this time with a jury, on whether or not Motorola breached its RAND obligations, which is what Microsoft claims, and if so, whether Microsoft should receive damages and attorneys fees. Motorola filed a motion for partial summary judgment [PDF] on those issues. Here's Microsoft's opposition [PDF].


FRAND is about patent cartels, not trolls, and these too are a problem. Let's remember to focus on the real issue and not a red herring.

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