LinuxDefenders.org Launches To Fight Patent Trolls 73
eldavojohn writes "The Linux Defenders Network is a new organization sponsored by the Open Invention Network, the Software Freedom Law Center, and The Linux Foundation to help the community defend itself against patent trolls. Three models, or 'IP rights management tools,' are offered: Peer to Patent, Post-Issue Peer to Patent, and Defensive Publications. Mich Kabay's article in NetworkWorld cites an all-too-familiar incident from December, when General Patent Corp. announced it was working on behalf of Worlds.com to sue everyone — this probably could have been avoided with a little prior art help from the community. From the organization's about page: 'We encourage contributions from anyone that is interested in ensuring that innovation is not stifled by poor quality patents and is interested in assisting the patent office in its goal of improving the overall quality of patents.' Are these guys saviors arriving in the nick of time, or just another hopeless community effort to rein in the failing patent system?"
Re:Hurray? (Score:5, Informative)
Re: (Score:2, Interesting)
Did they ever come through with that actually?
They were going on about it, then asked to prove it and did they?
Or did they just use their usual FUD spreading to try scare the companies considering it?
Re: (Score:1, Informative)
IIRC, M$ was funding $C0, which kind of makes the grand-parent wrong... and the great-grand-parent poorly worded.
Re: (Score:2)
Re:Hurray? (Score:4, Funny)
Re: (Score:2)
Microsoft did spew FUD over patent infringement.
They were subsequently called on their claims by the FSF and others, to sue us or shut up.
For them it's easier to blather propaganda than to prove their claims and potentially get caught with patents on prior art, or much worse, caught infringing somebody else's patent in their products.
So far they have chosen to shut up for now.
Re: (Score:1, Interesting)
As of late I think it is things like the Apple multi touch patents and all the other shit they keep patenting is what needs to be fought against.
Re: (Score:2)
I think they got the number 235 infringing patents by the old throwing darts method.
Re: (Score:2)
I didnt say they werent also cheating at darts as well.
Re: (Score:1)
C:\>
Re: (Score:1, Informative)
Once again, the SCO lawsuits were about copyrights, not about patents.
Re: (Score:1)
But they were essentially functioning like a patent troll and, in fact, Darl McBride's resume included stints at several known patent troll companies.
"hopeless community effort", I'm afraid (Score:5, Interesting)
A great initiative on paper, but I doubt it will lead to much. As someone who wrote a patent more than a decade ago and had the pleasure of being sued by my ex-employer (using my patents against me - nice), I can attest to the craziness of claim construction and other esoteric legal arguments.
Unlike coding as a group, which gave us Linux, creating meaningful and valid prior art is both harder and much less rewarding. That's why I doubt it can get enough contributors to make a difference.
Can't we just force the patent examiners to use Google search instead?
--
Fair Revenue Sharing for Bloggers: Pageviews or Equity? [fairsoftware.net]
Re: (Score:1)
Unlike coding as a group, which gave us Linux, creating meaningful and valid prior art is both harder and much less rewarding.
Nonsense, you just whine because you do not have a timemachine like the rest of us.
Because they don't (Score:2)
That's why I doubt it can get enough contributors to make a difference.
Can't we just force the patent examiners to use Google search instead?
Well, based on their recent dismal performance, I think that that's not likely to happen soon. The USPO just does not seem to have the competence available in sufficient numbers.
They might be better off just posting a summary of all s/w patents to /., where there seem to be plenty of experts with plenty of time *cough*
Re: (Score:1, Interesting)
Well it's not even about USPTO incompetence, it's a broken game to start with: if the USPTO don't have expertise in EVERYTHING then they can't distinguish significantly unique inventions. Asking the USPTO to be experts at EVERYTHING is ridiculous so the idea of the patent office as it is is ridiculous. Right now they're handing out
Re:"hopeless community effort", I'm afraid (Score:5, Funny)
Can't we just force the patent examiners to use Google search instead?
That's already patented.
Falcon
Re:"hopeless community effort", I'm afraid (Score:4, Insightful)
TBH you deserve it and so does everyone else that writes a software patent. I hope you've learned your lesson and thanks for doing your part to ruin the software industry.
Re:"hopeless community effort", I'm afraid (Score:5, Insightful)
That's why I doubt it can get enough contributors to make a difference.
As always, there is another solution: Let the US sink to wherever they feel comfortable, move to another country with no patent laws, and live happily ever after. Of course, said plan fails if you're in the US and don't want to move, and the new country should be heavily guarded against such tendencies...
However, given the current situation, I personally think this is the most viable route. Unless of course Obama turns out to be smarter than his campaign contributors.
Troll me if you want, but ask yourself: is a system where ideas can be monopolized, livable? It's not the idea, but the implementation, that adds value and takes work to achieve.
Also, take into account the fact that Free Software has no jurisdiction. People from all over the world are contributing, and they're not going to stop because one country acts stupid.
Re: (Score:2)
Re: (Score:3, Insightful)
It's not the idea, but the implementation, that adds value and takes work to achieve.
This is a lot less clear cut than you seem to think. I am a student in the process industry. At the moment, as part of a project on process design, I'm researching patents. The process is the production of PV-grade silicon from quartz. There are often patents of things which have never been implemented, but are quite specific. For example, is the idea making PV-grade silicon from quartz? Or is it choosing to use a metallurgical-only route? Or is it choosing to use a Cao.SiO2 slag with blown air to purify it
Re: (Score:2)
The problem with software patents has been (and still is) that they are overly broad. The equivalent software patent to your example would be to patent making PV-grade silicon from quartz (by any method), not the final suggested one of using a Cao.SiO2 slag with blown air.
Re:"hopeless community effort", I'm afraid (Score:4, Interesting)
Or is it choosing to use a Cao.SiO2 slag with blown air to purify it? Surely an idea as specific as the last one is worthy of a patent?
No, not in itself. Sure, it's a good idea, and you're right to be proud of it.
However, just because you thought of it first doesn't in itself mean you should be the only one who can have that thought. Now, if you're the first one to think it and you also use it, that's another thing entirely.
Suppose a patent troll had that thought first. They're not doing anything with it, just sitting on the patent. Now you are verboten to have a good idea, for no good reason. Would you still say the same?
Re: (Score:2)
It's not my idea, it was Elkem Solar of Norway's.
Patent trolling never takes the form you describe, except maybe in monopolies like MS. What would be the gain for the troll? They usually either use the tech or license it for some negligible amount.
Re: (Score:2)
Didn't read the summary (Score:5, Funny)
Hope this turns out better than Windows Defender!
Why linux? (Score:4, Insightful)
Re: (Score:2)
Troll the patent trolls
So we shitpost in all of their threads?
Re: (Score:3, Funny)
Troll the patent trolls
So we shitpost in all of their threads?
You can't, I just patented Trolling. I'll license it to you though, for a small fee...
-Taylor
Re: (Score:2)
I'd sue you, but I think sueing for patent infringement has been patented.
Great... help the patent trolls to get stronger (Score:4, Insightful)
So they're going to help improve the 'quality' of software patents so that patent trolls, rather than getting weak patents which can be easily challenged in court, will be able to get stronger, less contestable patents. They're going to publish prior art so that patent applications can be carefully worded to work around it. This may not be such a great idea.
Re:Great... help the patent trolls to get stronger (Score:5, Insightful)
Re: (Score:2)
Their lawyers will just find a loophole.
Re: (Score:1)
They already do
It's called "beat your opponent into settlement"
Billions needed to purchase island. (Score:2, Interesting)
What we should do instead is raise money to buy an island and form a freedom-compliant government on it. The constitution of this island would state that everyone has total and complete freedom of speech, freedom of expression, and freedom to information, with absolutely, positively, no exceptions. This means yelling "Fire!" in a crowded theater is allowed. The constitution would further state that no other country's IP laws have any meaning on the island. This means it is legal to copy any information and
Re: (Score:3, Insightful)
What we should do instead is raise money to buy an island and form a freedom-compliant government on it. The constitution of this island would state that everyone has total and complete freedom of speech, freedom of expression, and freedom to information, with absolutely, positively, no exceptions.
I guess you haven't quite thought that out then. It would be a child abusers paradise. After all, they don't see what they're doing as wrong and as they're entitled to freedom of expression, you cannot convict them. Also, freedom to information means anyone would have completely unrestricted access to any financial information of yours plus any private data as well such as passwords and PIN numbers.
Re: (Score:3, Insightful)
[pedantic] OK, so you're saying "PIN numbers", where PIN is "Personal Identification Number". Do you enter your "PIN numbers" at the "PIN number keyboard board" on the "ATM machines"? At least you could have been consistent, and used "password words" while you were at it? =:^) [/pedantic]
Meanwhile, while I agree with your general point, I believe it would have been made more effectively, at least to many here at /. (who pride themselves on being a "thinking" audience highly valuing freedom, true or not),
Re: (Score:2)
The constitution would further state that no taxes of any kind or any amount may be levied for any reason...
So how will you fund it? Donations? Bonds?
...that the government may consist ONLY of elected people (no appointees or hire)...
Great. When is the election date for the office intern?
There is no executive...
So... nobody to enforce the rules?
Re: (Score:1)
Well, damn. Eventually, everyone would have been in enough fights to have either damaged their brains beyond being able to actually fight any more, or damn hardened fighters--good, in theory, for if the island ever got attacked...
Would probably motivate people to get off their asses and exercise so they can even have a chance in the fights that they would come up with.
Or everyone would just turn in to pussies and the criminals would eventually take over. Hell, if gangs and mafias are willing to fight, but n
Re: (Score:2)
Would probably motivate people to get off their asses and exercise so they can even have a chance in the fights that they would come up with.
Duals don't need to use swords or guns. I suppose it could be a StarCraft tournament.
Re: (Score:2)
Talk about renewable!
Re: (Score:2)
Well, I heard sealand http://www.sealandgov.org/ [sealandgov.org] was up for grabs, and Ceres http://en.wikipedia.org/wiki/Ceres_(dwarf_planet) [wikipedia.org] ought to be large enough for the asteroid purpose. AFAIK nobody else has laid claim to it.
Re: (Score:2)
Re: (Score:2)
As much as I like the idea it would be doomed to failure.
1) You cannot have freedom without responsibility. In the wild you have freedom to eat whatever you want but the responsibility is that you only eat stuff that you know isnt gonna kill you. The same applies to society. A society needs responsibility in the form of taxes in order to help pay for community resources such as roads, internet infrastructure, etc... Although I suspect without a huge government to piss it away to their buddies in contracts t
Post paypal donate links with these stuff (Score:3, Informative)
so we can contribute quickly.
This is Good News (Score:1)
Re: (Score:2, Informative)
SCO was about copyright, not patents.
Yes to both questions (Score:2)
Never doubt a small group... (Score:1)
"Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has."
-- Margaret Mead
Seem's fitting, your other option is to suck it up.