Home Messages Index
[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index

Re: New Campaign to Sue Patent Trolls

Hash: SHA1

____/ 7 on Sunday 10 Jul 2011 16:30 : \____

> Roy Schestowitz wrote:
>> Hash: SHA1
>> ____/ 7 on Sunday 10 Jul 2011 14:58 : \____
>>> Roy Schestowitz wrote:
>>>> Hash: SHA1
>>>> Developers Against Patents
>>>> ,----[ Quote ]
>>>> | We are collecting name and contact information of individual
>>>> | developers or companies who are interested in forming a group
>>>> | to start suing patent trolls for Declaratory Judgement that our
>>>> | work in the software world does not violate any of their patents.
>>>> `----
>>>> http://developersagainstpatents.org/
>>>> Microsoft should also be reported for RICO Act violations.
>>> It probably won't work as the source of the problem
>>> remains the patent office.
>>> At this rate you may as well sue the patent office and the
>>> judiciary for allowing patent trolling to wreck free market
>>> which leads to abject failure.
>>> The problem is the US patent office - it is very supportive
>>> of patent trolls and have themselves become the instrument
>>> of government sponsored patent trolling.
>>> The EFF needs to wade in and make some noise on the
>>> issue regularly to change the way patent litigation
>>> is practiced. Its all heavily weighted in the interests of
>>> patent trollards and thats just not what the system
>>> was set up and designed to do.
>>> The patent office needs to wade in and recommend patent trolling creates
>>> victims and the courts and prove to all its critics
>>> that the patent office will never side with patent trolls in principle
>>> and wherever possible in practice. They have done this before
>>> with submarine patents which is another form of patent trolling
>>> where patent trolls abused due process to extend grant date way way after
>>> a product has come into common use.
>>> For current round of patent trolls, the rules on patent enforcement
>>> practice has be based on good practice that makes sense for
>>> a free market to work without the patent office and patent law courts
>>> being itself the main obstacle to free market.
>>> So, the patent office needs to rule on how patent litigation is
>>> practiced to make the system fair:
>>> 1. No patent litigation is valid unless those accused have been given
>>>    30 days of advanced publicly disseminable
>>>    notice to desist citing the EXACT legal reason
>>>    citing the patent number and relevant paragraph in clear an
>>>    unambiguous form - a form that will be presented to the courts with no
>>>    further additional claims. If new claims are added, the accused must
>>>    be notified again for 30 days before it can be presented in a court.
>>>    These publicly disseminable notices should be allowed to be posted in
>>>    public forums for victims to get community help and reduce their costs
>>>    particularly if they are a small firm.
>>> 2. Any company that uses patent portfolio as a weapon for patent trolling
>>>    should find its damages serious cut and costs awarded against them
>>>    if it can be shown that the accused is also a victim of intentional
>>>    patent trolling. The courts should have the right to over rule any and
>>>    all NDAs that may hinder this process to discover this information.
>>> The courts and patent office have no rights to be distorting
>>> the free market by allowing patent trolls to flourish through extortion
>>> and hindering the free market.
>>> The patent office and patent courts need to review how
>>> they operate frequently to ensure they are never again
>>> the source of future variants of patent trolling and free market
>>> interference.
>> Your proposal, like many others, would improve the function of patent
>> offices, but these establishments are run by patent lawyers, for patent
>> lawyers. When the fox guards the hen house it's time to scrape/reboot the
>> whole farm.
> You are right the patent office will have its own agenda to protect
> the patent trolls because they are making off with so much money
> from it.
> The usual way to manage the foxy guardians is to put guardians on guardians.
> A government could set up a patenting watchdog organisation
> that monitors both the patent office and the patent holders and interest
> groups and have members from both sides of the equation so that
> all interests are represented. That way the patent office can make
> its promises to the patent watchdog and if they fail to carry
> out reforms, then they would be faced with having to give
> very specific explanations of failure.

Yes, just watch what the USPTO head said (posted 15 minutes ago: http://techrights.org/2011/07/10/david-kappos-disappoints/ ).
He clearly wants more monopolies because it's business to him. Compare
that to what developers want http://techrights.org/2011/07/10/casting-shadow-on-w3c/

The patent issue has become the #1 issue for Linux and FOSS.

- -- 
		~~ Best of wishes

Dr. Roy S. Schestowitz (Ph.D. Medical Biophysics), Imaging Researcher
http://Schestowitz.com  | GNU/Linux administration | PGP-Key: 0x74572E8E
Editor @ http://techrights.org & Broadcaster @ http://bytesmedia.co.uk/
GPL-licensed 3-D Othello @ http://othellomaster.com
Non-profit search engine proposal @ http://iuron.com
Contact E-mail address (direct): s at schestowitz dot com
Contact Internet phone (SIP): schestowitz@xxxxxxxxx (24/7)
Version: GnuPG v1.4.10 (GNU/Linux)


[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index