[News] Patent Trolling a Lose-Lose Situation to the Market - Linux

This is a discussion on [News] Patent Trolling a Lose-Lose Situation to the Market - Linux ; -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Metastorm Looking Down the Barrel of a Patent Gun ,----[ Quote ] | The litigation will be a nuisance to the big software vendors involved but | with revenue in the hundreds of millions, ...

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  1. [News] Patent Trolling a Lose-Lose Situation to the Market

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    Metastorm Looking Down the Barrel of a Patent Gun

    ,----[ Quote ]
    | The litigation will be a nuisance to the big software vendors involved but
    | with revenue in the hundreds of millions, if not billions, the legal fees
    | will hardly be a blip on the radar. What I do have sympathy for are the
    | defendants who are battlers in the marketplace who are in a no win situation.
    | Either win the litigation and face millions in legal fees or lose and face
    | additional millions in damages.



    When does Copyrighted Software cease to be Copyrighted?

    ,----[ Quote ]
    | Microsoft has turned into the biggest patent troll in the world. The only
    | thing that makes any sense is that some attorney in their employ is
    | considering that a defensive move to prevent other bottom feeders from suing
    | Microsoft. I certainly hope that is the reason for that patent otherwise it
    | makes no sense. If they try to enforce that patent I hope and it needs to get
    | shut down by the courts.
    | In any case it puts a new light on the GPL for me.


    Checking in on Nathan Myhrvold

    ,----[ Quote ]
    | I'd suggest the business be called Intellectual Vultures' ... because that is
    | exactly what Nathan is bringing to the table - nothing. This business model
    | stifles and prevents creative idea, and is yet another made up securities
    | model that preys on other people's legitimate hard work.
    | When he was at Microsoft, he had zero practical ideas and I see he's still
    | doing the same, only this time, he's screwing the whole public. This business
    | is living on the backs of other people because they don't know how to spell
    | the word ‘innovation'. How about coming up with an original and useful idea
    | and earn it the old fashion way?
    | Nathan should be ashamed of this practice and he should be investigated by
    | the FTC for predatory business practices.


    Nathan Myhrvold’s Patent Extortion Fund Is Reaping Hundreds Of Millions of

    ,----[ Quote ]
    | Don’t blame Nathan Myhrvold for taking advantage of the culture of rampant
    | patent litigation in this country. He is only doing what large companies with
    | vast patent portfolios such as IBM and Microsoft do on a daily basis: use the
    | threat of patent infringement litigation to strike lucrative patent licensing
    | deals. Except Myhrvold, who used to be Bill Gates’ right-hand man at
    | Microsoft during the 1990s, does it through his patent-gobbling fund,
    | Intellectual Ventures.


    Invention Capitalism & the Law: Checking in on Nathan Myhrvold

    ,----[ Quote ]
    | Myhrvold told the WSJ that he acknowledges facing resistance from companies
    | he targets for licenses. But his patent inventory gives him leverage to
    | extract settlements without litigation. “I say, ‘I can’t afford to sue you on
    | all of these, and you can’t afford to defend on all these,’” he said.


    Nathan Myhrvold: Alpha patent troll?

    ,----[ Quote ]
    | Former Microsoft exec Nathan Myhrvold has been collecting patents, extracting
    | fees from technology companies via his company Intellectual Ventures. Is
    | Myhrvold a patent troll with tech cred?
    | The Wall Street Journal has a long account of Myhrvold’s patent collecting
    | efforts and how he is winning multimillion dollar payments from the likes of
    | Verizon and Cisco. These payments are top secret material, but Myhrvold’s
    | firm is the one reaping the rewards. Intellectual Ventures has more than
    | 20,000 patents. In many respects, Myhrvold is just a patent trader. A few
    | lawsuits could define him as a troll quickly though.


    Tech Guru Riles the Industry

    ,----[ Quote ]
    | Over the past few years, the former Microsoft Corp. executive has quietly
    | amassed a trove of 20,000-plus patents and patent applications related to
    | everything from lasers to computer chips. He now ranks among the world's
    | largest patent-holders -- and is using that clout to press tech giants to
    | sign some of the costliest patent-licensing deals ever negotiated.


    Patent startup gains high profile backing

    ,----[ Quote ]
    | John Amster, one of two former Intellectual Ventures executives that formed
    | RPX, said he will not detail the company's business model or customers until
    | October. However he did say RPX will acquire patents in a broad range of
    | technology and e-commerce areas, especially when the patents are being
    | asserted or involved in litigation.


    Transcript: Myhrvold of Intellectual Ventures

    ,----[ Quote ]
    | Nathan Myhrvold: The genesis of this idea was when I was at Microsoft. We had
    | a problem with patent liability. All these people were coming to sue us or
    | demand payment. And Bill (Gates) asked me to think about if there was a
    | solution. This is what I came up with.
    | WSJ: So you think that you're actually protecting companies from more
    | settlements or bigger payments down the road?


    We doctor your patents, so be patent!

    ,----[ Quote ]
    | Unlike most other pure licensing companies, Intellectual Ventures hasn’t
    | filed patent-infringement lawsuits to help force settlements. But the group
    | lobbying on behalf of tech companies in Washington, the Coalition for Patent
    | Fairness — which includes several companies that have been approached for
    | licensing deals by Intellectual Ventures — says it is only a matter of
    | time. “Since these thousands of patents only give [Intellectual Ventures] the
    | right to stop others from making products, through lawsuits, it is obvious
    | what they intend to do,” the group said in a statement.
    | [...]
    | As with short sellers, large companies don't like plays that can shake them
    | up and expose their inadequacies, and will spend large amounts to PR /
    | lobby / legislate them away - and as any small player who has tried to
    | enforce patent abuse by large companies knows, it's virtually impossible to
    | win and ruinously expensive to fight. So in that respect, aggregation is a
    | good thing. Its hard to tell from this article if its just part of the PR war
    | or whether there has been a real step up in the shakedown.


    Reforming the Patent System

    ,----[ Quote ]
    | Intellectual Ventures and its ilk are arguably the single biggest risk to
    | America's continued leadership in technology and innovation. As dsquared
    | elegantly put it in a comment here in May, the company might do a bit of R,
    | but it doesn't do any D. Instead, it acts as a brake on any company wanting
    | to do substantive R&D of its own, since there's a good chance Intellectual
    | Ventures will have got there first, patented the idea, and then just decided
    | to sit on it until somebody dares to violate it.


    Microsoft and Pioneer Enter Into Patent Cross-Licensing Agreement to Foster
    Mutual Innovation in Consumer Technology

    ,----[ Quote ]
    | Although the contents of the agreement, including the specific financial
    | terms, are confidential, the parties indicated that Microsoft is being
    | compensated by Pioneer.


    Acacia tops troll litigaition league

    ,----[ Quote ]
    | Acacia Technologies is the most litigious non-practising entity/troll (delete
    | according to preference) in the United States. According to research done by
    | PatentFreedom, which is featured in an article to be published in the next
    | issue of IAM, Acacia has been involved in a total of 308 cases in the US
    | courts, 239 of which have been filed since 2003. In second place is Rates
    | Technology Inc, which has been involved in 130 cases – although just 38 have
    | been over the last six years.


    Ideas Are Everywhere... So Why Do We Limit Them?

    ,----[ Quote ]
    | Gladwell uses this to talk up what Myhrvold is doing, suggesting that
    | Intellectual Ventures is really about continuing that process, getting those
    | ideas out there -- but he misses the much bigger point: if these ideas are
    | the natural progression, almost guaranteed to be discovered by someone sooner
    | or later, why do we give a monopoly on these ideas to a single discoverer?
    | Myhrvold's whole business model is about monopolizing all of these ideas and
    | charging others (who may have discovered them totally independently) to
    | actually do something with them. Yet, if Gladwell's premise is correct (and
    | there's plenty of evidence included in the article), then Myhrvold's efforts
    | shouldn't be seen as a big deal. After all, if it wasn't Myhrvold and his
    | friends doing it, others would very likely come up with the same thing sooner
    | or later.
    | This is especially highlighted in one anecdote in the article, of Myhrvold
    | holding a dinner with a bunch of smart people... and an attorney. The group
    | spent dinner talking about a bunch of different random ideas, with no real
    | goal or purpose -- just "chewing the rag" as one participant put it. But the
    | next day the attorney approached them with a typewritten description of 36
    | different inventions that were potentially patentable out of the dinner. When
    | a random "chewing the rag" conversation turns up 36 monopolies, something is
    | wrong. Those aren't inventions that deserve a monopoly.



    Who is the world's biggest patent troll?

    ,----[ Quote ]
    | In two consecutive days, The Wall Street Journal presented two different
    | answers. The first is not surprising: Intellectual Ventures, the brainchild
    | of ex-Microsoft executive Nathan Myhrvold. It's now out "to raise as much as
    | $1 billion to help develop and patent inventions, many of them from
    | universities in Asia." *


    Playing Microsoft Patent Poker

    ,----[ Quote ]
    | This time though, while Ballmer slinks away to try to con … convince people
    | that Microsoft Unified Communications somehow offers people more than what
    | Cisco's VOIP (voice over IP) been offering customers for years, a patent
    | attack finally launches at Linux. Specifically, IP Innovation, a subsidiary
    | of Acacia Technologies Group, has filed a patent infringement claim against
    | Linux distributors Novell and Red Hat. * *
    | So was it just timing, or was it something more? Let's take a look at the
    | players. *


    Top Ten Patent Trolls of 2007

    ,----[ Quote ]
    | 3. Acacia. I didn't start tracking Acacia carefully until the summer. But
    | still, on my blog I have reported on over two dozen lawsuits brought by
    | Acacia this year, against more than 235 defendants. That's in addition to the
    | over 200 lawsuits Acacia filed in previous years against hundreds and
    | hundreds of defendants. And that's not including the two lawsuits (at least)
    | Acacia has filed in December against 20 more defendants (yes, Acacia, I'm
    | watching you). Acacia's business model, as a publicly traded company, is to
    | accumulate patents and sue as many companies as possible in order to extract
    | licenses. They have a market cap of over 275 million - that pays for a lot of
    | lawsuits. Unlike other trolls, Acacia tends to not focus on one court in
    | particular, although they have sampled the Eastern District of Texas more
    | this year than in the past.

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  2. Re: [News] Patent Trolling a Lose-Lose Situation to the Market

    On Sat, 11 Oct 2008 06:02:01 +0000, Roy Schestowitz wrote:

    > When does Copyrighted Software cease to be Copyrighted?

    I dunno?
    When you steal it and put it up on your website without permission ,
    Roy Schestowitz?

    Moshe Goldfarb
    Collector of soaps from around the globe.
    Please visit The Hall of Linux Idiots:
    Please Visit www.linsux.org

  3. Re: [News] Patent Trolling a Lose-Lose Situation to the Market

    In comp.os.linux.advocacy, Moshe Goldfarb.

    on Sat, 11 Oct 2008 12:51:04 -0400
    > On Sat, 11 Oct 2008 06:02:01 +0000, Roy Schestowitz wrote:
    >> When does Copyrighted Software cease to be Copyrighted?

    > I dunno?
    > When you steal it and put it up on your website without permission ,
    > Roy Schestowitz?

    That is not a *loss* of copyright; that is most likely a
    case of *infringement*. I will refer you to section 501
    of Chapter 5 of Title 17 of the US Code for the details.

    Chapter 2 does not apply, obviously, if the code was
    transferred without explicit permission of the owner
    (which is not necessarily the same as the creator;
    see sections 204 and 205).


    #191, ewill3@earthlink.net
    Windows. Multi-platform(1), multi-tasking(1), multi-user(1).
    (1) if one defines "multi" as "exactly one".
    ** Posted from http://www.teranews.com **

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