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$400 Million IP Experiment Making Some Nervous

BrianWCarver writes "IP Law & Business shines the spotlight on Intellectual Ventures, the IP start-up founded in 2000 by former Microsoft chief technologist Nathan Myhrvold. According to some estimates, Intellectual Ventures has amassed 3,000-5,000 patents, with the help of a $400 million investment from some of the biggest technology companies, including Nokia, Intel, Apple, Sony, and Microsoft. As the patent stockpile grows, so does the speculation--and the fear. IP lawyers and tech executives worry that Intellectual Ventures is less interested in changing the world with big ideas, and more focused on becoming an über patent troll, wreaking litigation havoc across industries with its patents."

262 comments

  1. I knew I should have patented... by jjsaul · · Score: 4, Funny

    I knew I should have patented the idea of patent-trolling. Dang.

    1. Re:I knew I should have patented... by PCeye · · Score: 1

      And I am sure you won't be the last to complain about posted /. comments relating to patenting patent trolling either.

    2. Re:I knew I should have patented... by kimvette · · Score: 4, Funny

      I regret to inform you, PCeye, that you are in violation of patent 1,521,271 "Method for whining about the patent situation" which I filed on July 22, 1998. You have 30 minutes to cease and desist violating my intellectual property, or you may opt to negotiate a license for continuing using my method. You may contact me at frivilouspatents@fraudulent-ip-sharks.com

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    3. Re:I knew I should have patented... by Savantissimo · · Score: 4, Interesting

      The term "patent trolling" is just name-calling. Patents are supposed to be used by the people who invent things to get money from the people who use those inventions to make products. There is no reason to expect people only to invent things that they themselves are capable of bringing to market, and to impose that expectation would reduce the ideas being published in patents and give no incentive to invent or to disclose.

      Focus instead on the real problems with the current parent system:

      -companies and their engineers are discouraged from using or even looking at existing 3rd party patents due to a stupid interpretation of the willful infringement rule

      -it is too expensive to apply for patents, especially for individuals

      -it is far too expensive and time-consuming to get legitimate judgements against infringers

      -obvious or prior-art patents are routinely granted, and the examiners' incentives encourage this

      -patents are often issued that either do not work or do not fully and comprehensibly disclose how to implement the invention

      -there is no automatic licensing scheme (as for public playing of music) or overall royalty % cap to asuage the fears of companies that they'll get nibbled to death by various IP holders for acknowledging all the patented technology that goes into making a state-of-the-art product.

      --
      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
    4. Re:I knew I should have patented... by cazbar · · Score: 1

      You still can. The patent office is notoriously good at ignoring prior art.

    5. Re:I knew I should have patented... by raftpeople · · Score: 3, Insightful

      "Patents are supposed to be used by the people who invent things to get money from the people who use those inventions to make products"

      Patents are "supposed" to be used for exactly what we the people decide they should be used for. They are an artificial temporary monopoly that WE citizens have agreed to allow (through our representatives) in exchange for the economic benefit that goes along with the monopoly. That benefit is a window of opportunity to recoup the investment in R&D used to create the product, which in turn encourages economic development and investment.

      I (and it would appear I'm not alone) did not ever agree to "idea squatters" that randomly combine trivial technologies, never produce product and ultimately REDUCE the very economic investment and development that patents were supposed to encourage.

      No, it's not name calling, it's calling a spade a spade.

    6. Re:I knew I should have patented... by bill_of_wrongs · · Score: 1

      'The term "patent trolling" is just name-calling.' But whining about "pirates" "stealing" your "intellectual" "property" is prefectly ok huh ? Patent trolling describes what is going on much more accurately than many other newspeak expressions coined by "IP" "owners" the last few deacdes.

    7. Re:I knew I should have patented... by etrusco · · Score: 1

      > -obvious or prior-art patents are routinely granted, and the examiners' incentives encourage this

      The solution is obvious! Invert the thing and give examiners bonuses for each patent they turn down! ;-)

    8. Re:I knew I should have patented... by LordLucless · · Score: 1

      Patents are supposed to be used by the people who invent things to get money from the people who use those inventions to make products.

      This company neither invents things, nor makes products based on the inventions of others. That's necessary when your company is a patent troll. You cannot have any actual productive work being done whatsoever, or you are made vulnerable to other people's patents. The problem with patent trolls isn't that they are using patents to make money - it's that they're using patents to make money while contributing nothing in the process.

      Patents are a trade off between the public and an inventor. The trade is "you give us a new invention and we give you exclusivity". The problem with it these days is the people who are making these trades on behalf of the public (USPTO) are making bloody bad deals. They're giving out patents for processes about which the public already knows, or doesn't care.

      A patent is not (or at least, should not be) given for a new idea, it's given for a new process. If the public already knows how to implement a one-click purchase system, then there should be no patent given out, regardless of whether or not anyone's thought of that idea, because the public isn't getting anything out of it. They already know how to do it. Why do they need the patent applicant to tell them how to do it? That's the problem. Patents which are a trade of "something for something" are good. But in far too many cases these days, patents are trades of "something for nothing" because the public already has what the patent applicant is offering to sell them.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    9. Re:I knew I should have patented... by IAmTheDave · · Score: 1
      This company neither invents things, nor makes products based on the inventions of others. That's necessary when your company is a patent troll.

      Ah, but RTFA! This company claims that everything it does is inventing! Who cares if there isn't a working prototype or the technology to create a working prototype? Patent on the warp drive! Patent on using worm holes for remote surgery! Patent for "making the internet faster"! Who cares how we do it, we "invented it"! So if you actually make it work?

      PAY UP BITCH!

      --
      Excuse my speling.
      Making The Bar Project
    10. Re:I knew I should have patented... by Znork · · Score: 1

      "Focus instead on the real problems with the current parent system"

      Assuming you mean the patent system (freudian slip, eh?), you dont regard such things like the ever growing costs of medicines to the health system to be a problem? Or various other problems like making western labour less competetive due to costs?

      Patents arent free to the economy. If we want medical research, we'd get FIVE TIMES the amount of R&D for the money we're spending today if we abolished pharmaceutical patents and paid for the R&D outright. Or the same amount for a fifth of the cost we have today.

      The problems of the patent system arent 'fixable', they're built into the system. The problems are inherent in their construction as delegated taxation rights; their lack of budget and constraints create a constant pressure to grant more and more, without any balance. Granting a patent doesnt make money out of nothing, it effectively takes money from the population and other areas of the economy, giving it to the holder of the patent.

      In general we require budget decisions of our elect personell for such taxation and public spending, but in this case it's delegated to civil servants who have no accountability, nor even a budget for how much their spending is allowed to cost the economy.

      All the problems you mention inevitably stem from this construction. It simply isnt a system designed to foster and encourage innovation and disclosure, it's a system that from the very beginning was intended to reward the friends of the crown.

    11. Re:I knew I should have patented... by PCeye · · Score: 1

      Whoops. My comment is related to my patent 1,592,234 "Method of pointing out futility regarding whining about /. posts relating the patent situation", filed on July 23, 1998. They may appear similar but it appears you've misread my process for yours. Honest mistake, but I'm sure this is nothing that greedy lawyers cannot correct.

  2. For the better, no doubt by Lead+Butthead · · Score: 4, Insightful
    IP lawyers and tech executives worry that Intellectual Ventures is less interested in changing the world with big ideas, and more focused on becoming an über patent troll, wreaking litigation havoc across industries with its patents.
    Perhaps now it will finally compell change to the (broken) patent system.
    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:For the better, no doubt by cp.tar · · Score: 4, Insightful

      Not that soon, I think... but eventually it might.

      Right now, too many too powerful have too much to lose should the status quo change.

      --
      Ignore this signature. By order.
    2. Re:For the better, no doubt by vandon · · Score: 1, Redundant
      Perhaps now it will finally compell change to the (broken) patent system.

      The patent system will be fixed about the time the copyright system is fixed. That time is never.

      The RIAA, MPAA, and Disney buy votes for their latest bill at the same time the large patent holders are "donating" money to those congressional members. The only difference is that right now, the copyright/drm lobby is using Benjamins and the patent lobby is using Jacksons.
    3. Re:For the better, no doubt by Anonymous Coward · · Score: 0

      Perhaps now it will finally compell change to the (broken) patent system.

      but... but... that would destroy this company! While the government lifting a finger to help the starving bums on the side of the road who should just get a job* would be evil unamerican socialism, the government should do everything in its power to keep even the most pointless company alive and rolling in dough, that's the just, moral, right, and capitalist thing to do! That's the American Way!

      * like hell I'm giving some unshaven stinky guy without a phone number or home address a job, but they should get one from the job fairy, all they have to do is ask!

    4. Re:For the better, no doubt by squiggleslash · · Score: 1
      That was my first thought, I really don't know if that's what will happen but you just hope the most obscene abuses will bring about reform.

      On the other hand, if that's their business model, then they're probably better off keeping as much of it as possible off the radar, ensuring their royalty rates are not excessive, and limiting charges to the most established players.

      --
      You are not alone. This is not normal. None of this is normal.
    5. Re:For the better, no doubt by Arcane_Rhino · · Score: 1

      ...with the help of a $400 million investment from some of the biggest technology companies, including Nokia, Intel, Apple, Sony, and Microsoft...

      Maybe since the investment is from so many diverse entities the industry is trying to do an end around the patent office and allow the true spirit of honest competition based upon good products free reign! "Patent infringement" will be ignored because everyone owns a piece of each patent.

      Or, am I just smoking wishful happy-crack again?

    6. Re:For the better, no doubt by 70Bang · · Score: 1



      MIT's Technology Review (a wonderful magazine - on par with Scientific American) has covered Dr. Nathan substantially with his [current] underlying philosophy and what he's going to do (mine patents) now that he's got his JD, focusing upon patent law.

      The cover (May '04?) has a quote to the effect, "You can't outdevelop Microsoft but you can outinvent them", leading into an article about his efforts.

      Regardless of what one feels about this type of business model, at least he's being open about it.

      What I find rather distasteful is when WHG III said '04? '05? (for the subsequent year) "We're going to receive <x> patents this year." I think <x> was in the range of 3'500-5'000. It would be one thing for someone to look at the average number awarded and know you've applied for more than the gross (expecting the outcome), but when there seems to be monkeyshines on the part of certain companies, one cannot possess very much confidence in the US patent system: an apple? (a real apple) how to know when a baseball game is interesting? (someone might as well take the logic and apply to to cricket, football (non-US soccer), football (US), hocket, basketball, Scrabble, rugby, curling, speed skiing, and any other form of competitive activity.

      I could understand it if they're going to retrofit this into an xBox game and make the background noise change depending upon the status of the game, so I may be misunderstanding how the patent could be used in an "appropriate" way. But some of this stuff when you're glad to see Google take it to Microsoft, no matter what kind of Behemoth Google could become in the future; i.e. above and beyond what Microsoft has done to date.


    7. Re:For the better, no doubt by xenocide2 · · Score: 1

      Which is what this startup appears to have been designed to challenge. 400 million dollars worth of patents is a lot. The other people with this size of a portfolio claim it's mostly for defensive purposes, so if another company sues them, they can sue right back. Well no such luck here. They aren't actively selling or developing technology, and the fact that your patent looks very similar to another patent doesn't mean you're liable for damages.

      Effectively, this is like those guys who abuse the rules of games to the point where it becomes obvious that the system, when taken to profitable extremes, is totally broken. Everyone has to either begin playing the game his way, or agree to fix the rules. All of the "too powerful" have products in addition to patents, so they'd much rather fix the rules than change their entire business to play by the methods the intelligent but otherwise intellectually unproductive have discovered. Obviously with a half billion to lose, this patent troll could be a potentially become a an entrenched power itself.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    8. Re:For the better, no doubt by Anonymous Coward · · Score: 1, Insightful

      Right now, too many too powerful have too much to lose should the status quo change.

      You would be surprised. Enough people I deal with in both parties are annoyed with the intellectual property license abusers. The new scandal that is brewing is the payola scheme involving prescription drug firms paying off the generic firms to keep them from pulling their drug into generic land. It's a racket that represents collusion at the expense of the insurance carriers, government medical payments and ultimately the general public

      IP parasites are not popular people. If you evaluate polling data on Congress, you will discover that is has a lower rating than the President's pathetic numbers (it's hard to believe there could be something even lower). When it comes to their re-election and special interests that have been too greedy, they'll throw the greedy overboard in a flash. Toss in the complexities of intellectual property law - it's something the common man cannot relate to. Let Nathan and his jet-setting, trust-fund peer group try explaining why they need another billion dollars from Joe consumer right now with $3.00 plus oil, GM/Ford demise, airline bankruptcy and pension fund disasters and you'll invite reform in the spirit of the French revolution.

      It would be a tremendous benefit to have a parasitic IP troll effort come forward and help clean house. They certainly don't see it, but it would be received by the current Congressional climate as no different than the CEO of Worldcom, Enron and all the big oil CEOs demanding Congress give them even greater profits and multi-billion dollar paychecks.

      Please Nathan, push your greed forward. Don't be satisfied with the hundreds of millions you already eeked out of a mediocre job. Congress needs another target to improve their polling data and the tiered Internet greed just lacks the emotional factors necessary for riling up the masses.

    9. Re:For the better, no doubt by Ravatar · · Score: 1

      I'd mod you +5 funny myself if I could...

    10. Re:For the better, no doubt by MemoryDragon · · Score: 1

      Good luck with that, there is a huge worldwide pressure pro patents due to lobbying groups financed by the big industries. The EU commission already got two smack on the heads, but it announced again to push forward their plans to fine commercial patent infringement with three years of prison or 300.000 euros, speaking of insanity (source heise.de) I think the entire economy has to collapse over this before anything is changed. :-( To the worse getting this system due to gen tech into the food could be the possible cause of millions of starved people in the immediate future. Do you think this is insane? Look at the millions of dead people in the third world caused by the fact that those countries cannot afford patent plastered medication.

    11. Re:For the better, no doubt by replicant108 · · Score: 1

      Perhaps now it will finally compell change to the (broken) patent system.

      The obvious problem is that Intellectual Ventures will be controlled by its wealthiest investors.

      It will certainly not be allowed to undermine the patent system, since that would not serve the interests of its owners.

      It is most likely to target their competition - ie, Free and Open Source Software.

    12. Re:For the better, no doubt by twohorse · · Score: 1
      The patent system will be fixed about the time the copyright system is fixed. That time is never.

      Maybe. But if everyone just gives up trying to change the system then you'll definitely be right.

    13. Re:For the better, no doubt by bhiestand · · Score: 2, Insightful
      "Patent infringement" will be ignored because everyone owns a piece of each patent.

      If by "everyone" you mean "established monopolies"... Say Apple and Microsoft agree to play together. With their pooled resource they have "a system of libraries for a graphical user interface that allows other applications to run" patented. Who is going to be able to challenge them in their markets? Or what if GSK patents "a system for cloning brain cells", even though they don't have the technology or products developed yet? That is pretty much this company's stated goal:
      "We are focused on a wide range of technologies which represent our beliefs of where technology is headed. Some of these technologies are near term and others are much further out. By focusing on invention rather than product development, we have the freedom to work with 5-10 year (or even 20 year) time horizons rather than 2-3 years."

      Maybe if I saw the EFF, ACLU, and Google combining their efforts to assist Intellectual Ventures I'd have more hope for this idealistic view of things...
      --
      SWM seeks new sig for a brief fling
    14. Re:For the better, no doubt by IAmTheDave · · Score: 1
      plans to fine commercial patent infringement with three years of prison

      This just downright scares me. There is no way - with tens of thousands of patents on shit like double-clicking - that software I have written for the companies I have worked for did not infringe on at least one or two.

      Before, it was easy to not infringe on a patent. Hmm... inline skates already exist and are patented. But I can come up with a new way of allowing people to roll down the streets.

      Now, the rolling itself is patented, as are things like "wind generated by rolling", "visual effect of longer hair blowing in the wind", "precise brain measurements to maintain balance", "method of pushing with one foot to propel other foot still firmly planted on the ground", and even "gravitational pull on person on roller skates on a hill".

      Everything that can be done is patented. I might as well turn myself in now, pay my ~$600K USD, and hop on over to pound-me-in-the-ass prision. Because it's me, the infringer, that should go to prision, not the $400 million venture who's aim it is to make sure that everything I do infringes on not a single invention of theirs, but at least 10 or 15 of their patents.

      --
      Excuse my speling.
      Making The Bar Project
    15. Re:For the better, no doubt by Jeff+Molby · · Score: 1
      Right now, too many too powerful have too much to lose
      Do you expect that to change? You can debate whether the system can/should be changed, but you can shrink from the fight just because the opponents are strong. They will always be strong. The system makes them strong. The fight is either worth fighting or it's not.
    16. Re:For the better, no doubt by Arcane_Rhino · · Score: 1

      Yeah, I hadn't missed the fact that only the true power-brokers of the industry seemed to be contributing. I just lost myself in a moment of wishful thinking.

  3. net here! by xlyz · · Score: 4, Informative

    not in the EU, as software patent are (still) not allowed :)

    1. Re:net here! by Anonymous Coward · · Score: 2, Insightful

      That's really only relevant if the company in question is only doing business in the EU. Look at the recent case of RIM (Research In Motion), they were perfectly legit in their home country of Canada but ran afoul of an American patent troll and have suffered for it.

    2. Re:net here! by Opportunist · · Score: 2, Insightful

      Well, actually they're not defined and (hardly) enforcable. Why do you think the corporations are pushing so hard to get it signed?

      I mean, the attempt alone to push it through as a sidenote in the fishing committee... Fishy doesn't even come close to how that reeked.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:net here! by cortana · · Score: 2, Informative

      Although the European Patent Convention forbids the patenting of software, individual EU member states have varying laws on the matter. In the UK, software has already been quite patentable for a while. :/

    4. Re:net here! by Anonymous Coward · · Score: 0

      No shit. There is comparatively speaking hardly any shrink-wrapped software being made in Europe.

      The only European stuff I have seen were some games but even these were published by US companies.

    5. Re:net here! by mpe · · Score: 1

      not in the EU, as software patent are (still) not allowed :)

      But "they" keep trying. The pro-software-patent lobby being something of a hydra.

    6. Re:net here! by Yvanhoe · · Score: 1

      But the European patent office still accept them as though it should not. Nobody tried to enforce one yet, but the status of european software patent is in a gray area.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    7. Re:net here! by jimicus · · Score: 1

      My MP tried telling me the exact same thing. AFAICT, the only reason they're patentable is that the Patent Office hasn't actually read the law that governs how it may issue patents.

    8. Re:net here! by cortana · · Score: 1

      What's weird is the disconnect between patents that have been accepted and the UKPO's own information on the subject: http://www.patent.gov.uk/media/pressrelease/2001/1 203.htm states clearly that "Present UK law (the Patents Act 1977) and the European Patent Convention (1973) exclude computer software as such ... from patent protection".

    9. Re:net here! by jimicus · · Score: 1

      Yeah, I know. I pointed this one out, and asked for an explanation, but that paragraph of my letter was mysteriously ignored.

      Strange, that.

  4. Some kids grow up to be trolls by Anonymous Coward · · Score: 1, Funny

    Some kids want to be doctors when they grow up
    Some kids want to be air force pilots
    Some kids want to be computer scientists (that's what I told my grade 1 teacher)
    And finally,
    Some kids want to be "uber patent trolls" I guess

    1. Re:Some kids grow up to be trolls by Anonymous Coward · · Score: 0

      Those are the kids that spend grade school beating up the future computer scientists.

    2. Re:Some kids grow up to be trolls by Anonymous Coward · · Score: 0
      And finally,
      Some kids want to be "uber patent trolls" I guess


      "uber patent trolls," AKA parasite weasels.
    3. Re:Some kids grow up to be trolls by Anonymous Coward · · Score: 0

      Uber Patent Trolls.

      They are the truest red blooded american patriot capitalist. A true opportunist seeking wealth where it may be sought, motivated only by an untainted sense of pure self interest.

  5. Patent Bashing by visionsofmcskill · · Score: 4, Insightful

    A company of this size and portfolia could litaerally drag the entire economy to a standstill if allowed to patent everything. It's one thing to have a whole bunch of different companies pushing competing patents, but when several large (and supposedly competing?) firms get together and pool their patents into one collossus, then you can be certain noone else will be allowed to enter any market remotly connected. This is not a good thing.

    --
    --Idiots, Every single one of YOU, A flaming mass of conglomerated morons, hey wait a second, isnt that how RAID works?
    1. Re:Patent Bashing by EvanED · · Score: 3, Insightful

      On the contrary; maybe having the economy dragged to a standstill is the only way to let the politicians realize the folly of the 'everything's patentable' world. If it would lead to change, the temporary stagnation might be worth it.

    2. Re:Patent Bashing by bogado · · Score: 1

      As long as the said firm pays their politics well why would they change anything?

      --
      []'s Victor Bogado da Silva Lins

      ^[:wq

    3. Re:Patent Bashing by jgc7 · · Score: 1
      A company of this size and portfolia could litaerally drag the entire economy to a standstill if allowed to patent everything.

      That is exactly what we need -- a reason to reform the patent system. The status quo will not get changed until people start caring. I hoped the RIM case would be the spark that fixed the system, unfortunately it appears I was optimistic.

      --
      70% of statistics are made up.
    4. Re:Patent Bashing by Anonymous Coward · · Score: 0
      Yes, I used to be naive like you. It's time you grew up and learned the way things really work. You're comment assumes that we live in a capitalistic democracy, and risk and reward go hand in hand. Not true. We live in a corrupt oligarcy and reward is guaranteed for the corporate elite.

      Have you had to buy gas recently? Looked at your cable bill? If you read Slashdot, yout know about the current attempt to distroy the egalitarian structure of the internet by the big Telcos to fatten their wallets.

      Now repeat after me, "I am krill http://en.wikipedia.org/wiki/Krill. I exist only to be consumed." You are at the bottom of the food chain, get used to it.

    5. Re:Patent Bashing by Anonymous Coward · · Score: 0

      Because the economy as a whole far outweighs any company, monopoly, cartel, or "industry group". That means that no matter how much they pay, they're only postponing the inevitable. And when the inevitable comes, politicians will change things to be more to their liking and benefit. That means "out with the old, in with the new", no matter what the "old" is or who is paying to keep it around.

    6. Re:Patent Bashing by P3NIS_CLEAVER · · Score: 1

      The companies mentioned are not known for milking obscure patents. It could be defensive, if someone in their consortium gets sued they could pull stuff out of their portfolio to fight back with... IBM for instance is patent crazy but tends to use them defensively.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    7. Re:Patent Bashing by Anonymous Coward · · Score: 0

      I am not sure if that is what we need but I see it as a logical consequence of how things developed over centuries - there was always somebody that held power this or other way (which sadly was usually associated with violence). Power over how the things are done too. That somebody is using litigation as a way of leading business is just normal. Not normal is that it took so long from an idea to its realization.
      It is just question of time that sombody will pattent our lower orifice and we will have to pay licence fee every time we go to the loo.

    8. Re:Patent Bashing by slashname3 · · Score: 1

      I'm waiting to recieve a patent on the auto patent generator. It is based on the old elisa code. It churns out randome patents that sound pretty good. At least good enough to get past the patent geeks who seem to approve just about everything. So far 1.5 million patents have been generated and submitted. Now it's time to sit back and wait for all of them to be approved.

    9. Re:Patent Bashing by Anonymous Coward · · Score: 0

      The problem is that these companies can only exist because they are allowed to commit repeated and blatant patent fraud, via the means of patenting the unpatentable - failing tests for prior art, obviousness, and so on. Just as the RIAA/MPAA are engaged in well-documented and repeated acts of fraud and perjury with respect to copyright law.

      The problem isnt the patent system or copyright, the problem is that criminals are being allowed to run free and wreak havoc. Repeat the scenario with an axe-murderer or a serial arsonist, and its still the same problem - if buildings were being burned down everywhere then the economy would likely grind to a standstill then as well.

      Organised crime of this kind is so powerful and entrenched in the US, it will only stop once there is a significant revolution - either the economy crashing, a coup, major riots, or some similar overthrow of the legal/political system and the criminals who currently run it.

      Do you seriously expect that corrupt politicians will prosecute themselves?

    10. Re:Patent Bashing by Anonymous Coward · · Score: 0

      I think it is time for us to all stop whinging, and embrace our serfdom. As we all know, the first law of ecnomics, the trickle down effect, states that the those with capital should be unrestrained in expanding it. By expanding their capital, prosperity trickles down to the wider population, ensuring prosperity for all. If the market dictates that mass patenting is an efficient way to expand capital, then by definition, this is good for all of us. History has repeatedly taught us that regulation, i.e. government interference in any form, only leads to inefficiencies in the market, thereby reducing the size of the pie, i.e. less for everyone.

      Does a bee question the brightness of the sun? No, the bee is content to collect nectar. In that lies a lesson for us all.

    11. Re:Patent Bashing by Scarblac · · Score: 2, Insightful

      On the contrary; maybe having the economy dragged to a standstill is the only way to let the politicians realize the folly of the 'everything's patentable' world. If it would lead to change, the temporary stagnation might be worth it.

      The way I see it, without this whole IP/patent business, the situation is as follows:

      1. Cost of production in the US is far higher than anywhere else
      2. With education improving around the world, the US is losing any advantages on that front it used to have
      3. Despite that, US insists on buying much much more than it sells
      4. Consequence: dollar plunges, new equilibrium as a much poorer US

      Politicians noticed that a long time ago, and try to fix it like this:

      1. Invent a new form of property, "intellectual property", mostly consisting of banal ideas protected by law, that is "produce" from thin air
      2. Give US companies a big headstart in acquiring it
      3. Try to get laws passed around the world that protect this "IP"
      4. Profit! An actual revenue stream for the US!

      It's a rip off, it probably won't work in the long term, it wreaks havoc within the US on the short term, and it's counter productive as a whole - but the alternative is a lower standard of living for the whole US, and they're trying to postpone that.

      (not an economist, and describing a view from Europe)

      --
      I believe posters are recognized by their sig. So I made one.
    12. Re:Patent Bashing by bogado · · Score: 1

      I wish I had that amount of optimism, but since I live in Brazil where the economy is 2nd or maybe the 3rd priority of any politician coming first is "what's in there for me" and second comes a "get a high pay and do nothing jog for my kid and wife among the staff".

      --
      []'s Victor Bogado da Silva Lins

      ^[:wq

    13. Re:Patent Bashing by wilec · · Score: 1


      This would require that our IP laws be rewritten to be understandable to the lowest common denominator of our "leaders" IQ. When this rises above 100 we might stand a chance, not much hope for many the current bunch.

      Matthew

  6. IV by certel · · Score: 1, Funny

    Wow. That's an interesting view on a company receiving that much in funding. I could be worried too. Who can justify that many patents? Is the IP protocol really worth that many patents?

    1. Re:IV by Anonymous Coward · · Score: 0

      "Is the IP protocol really worth that many patents?"

      I hope thats a joke!

    2. Re:IV by JordanL · · Score: 1

      Is the IP protocol really worth that many patents?

      Not to worry. Soon we will move to IPv6 and then their thousands of patents will be useless... much like moving up a version of AOL will simply make your internets slower and less reliable.

    3. Re:IV by sgt_doom · · Score: 1
      I know Nathan Myhrvold is an "official genius" - lord knows I've read that often enough. I once overhead him speaking with a friend of his, and he did seem articulate enough - although nothing too ponderous was spoken by him.

      But what exactly did he ever do at M$??? Was he the one behind their eternal strategy of licensing other creative companies' technologies, and then copying (Borging?) it into their operating systems and various other programs while proclaiming that they finally figured it out for themselves???

      That is why this should worry us.....

  7. Their "ambition" will undo them by hsmith · · Score: 1

    Think it. They are going to flood the courts with litigation on every infringment on their patents. This could lead to massive reform in the patent arena. Things could get horrible, then correct itself. Maybe.

    1. Re:Their "ambition" will undo them by rajafarian · · Score: 1

      This could lead to massive reform in the patent arena.

      Nuh, not as long as they pay their Republican party fees.

    2. Re:Their "ambition" will undo them by GigsVT · · Score: 1

      Just maybe, these software companies realize how broken the whole situation is, and intend to undo it this way.

      Wishful thinking, but then again, I think at his heart, Bill Gates does care about the future.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    3. Re:Their "ambition" will undo them by rolfwind · · Score: 1
      Then again, Congress is thinking of passing a stronger version of the DMCA and I have seen Unions (in Europe) eventually chase their employers away as demands got more and more ridiculous (

      The idea of a self-correcting mechanism is nice, and would indicate their is some sanity left in our government, but somehow I doubt that. It's sad that we have to depend on Corporations will get sick of other corporations doing this and will bring a correction to things - that's not how our government ought to be. For the people, by the people, indeed.

    4. Re:Their "ambition" will undo them by hsmith · · Score: 2, Insightful

      But see, it is because of big government that corporations CAN buy legistlation. More gov't isn't the answer, less gov't is.

  8. No Way! by Anonymous Coward · · Score: 0

    I couldn't imagine a company that has been partially funded by Microsoft, Sony, Apple, Intel and Nokia would do anything like that! It would be like SCO claiming that Linux infringed on its' patents and IP, oooh wait, errr... nevermind.

  9. I want to be a scientist know... by TubeSteak · · Score: 4, Funny
    Last January a dozen of the world's most respected scientists gathered in a nondescript conference room at an office building outside of Seattle. They sat around a table cluttered with laptops and papers, snacked on bowls of beef jerky and Chex Mix
    Beef jerky and Chex Mix?
    Sign me up!
    --
    [Fuck Beta]
    o0t!
    1. Re:I want to be a scientist know... by Anonymous Coward · · Score: 1, Funny

      Perhaps first we should brush up on our English.

    2. Re:I want to be a scientist know... by Anonymous Coward · · Score: 0

      What do you now? You're just a Anonymous Coward!

  10. What It Should Be... by Anonymous Coward · · Score: 0

    Sign an agreement saying you'll never use patents offensively, and you can license all of our patents for $1.

  11. why would they do that? by celardore · · Score: 1

    If someone can exploit a niché, they will. It is how it always has been and how it will always be.

    It is remarkable though that the big players have invested serious money into this.

    1. Re:why would they do that? by Anonymous Coward · · Score: 0

      Nice attempt at the use of French...

      It's not "niché", it's "niche." Even the French spell it as "niche"...

      It's pronounced like "itch", not "itchay"...

    2. Re:why would they do that? by guet · · Score: 3, Funny

      niché : a clichéd niche?

    3. Re:why would they do that? by celardore · · Score: 1

      Í líké úsíng thé ÁltGr búttón, ók?

    4. Re:why would they do that? by Anonymous Coward · · Score: 2, Informative
      It's not "niché", it's "niche." Even the French spell it as "niche"...

      It's pronounced like "itch", not "itchay"

      Wrong. The "i" is pronounced like a long e ("ee"), the "ch" is soft (like "sh"), there is no hard 't'. Phonetically, it is closer to "neesh".

    5. Re:why would they do that? by shadowmatter · · Score: 1

      Actually it's a niched cliché. But thanks for playing!

      - sm

  12. Patents by BigZaphod · · Score: 0, Redundant

    Well if only some other company had a patent on patent trolling! Then the problem would solve itself. Of course, chances are good that Intellectual Ventures has the patent on patent trolling - in which case we're all screwed.

  13. International Impact by foundme · · Score: 5, Insightful

    How does patent work internationally?

    Imagine in 10-20 years, China becomes the biggest economy in the world, it ignores all the US patents, and just use those patents to roll out their own products.

    For example, a patented medicine sold by an US company to Africa at $10 per bill, and the same "Made-In-China" pill cost $0.01, what is to stop Africa from buying from China instead?

    Right now US is still powerful enough so that other countries must agree to certain rules/laws made in USA, in exchange for free trade deals, but when that strength faded, so will the leverage.

    I draw this opinion from the recent, possible change of international whaling law, where Japan is about to gather enough votes to start commercial whaling again. So what is deemed illegal in the last few decades will soon become acceptable when the power shifted.

    --
    Please stop entering code 2,2,7,6,6,4
    1. Re:International Impact by TheRaven64 · · Score: 4, Insightful
      You need to respect US patents if you intend to sell in the US. I suspect that this is going to start really hurting the US in the next few years. What do you think will happen when, for example, an EU or Asian software company gets hit with a software patent suit? If the US is not their principle market, then they will just pull out - sell their products everywhere except the US. Other companies might decide that selling in the US is too risky, and also ignore the US market.

      Since software is often not a real product (it's a tool that is used to make other products), this could have a serious effect on the US economy. In the worst case, this would start happening to Free Software - it would be free-beer for any non-US company to use, but cost money for the patent license in the USA.

      --
      I am TheRaven on Soylent News
    2. Re:International Impact by drsmithy · · Score: 2, Informative
      Imagine in 10-20 years, China becomes the biggest economy in the world, it ignores all the US patents, and just use those patents to roll out their own products.

      You mean like the US did a couple of hundred years ago ?

      Same thing that happened then - you end up with a new world power.

    3. Re:International Impact by twiddlingbits · · Score: 1, Interesting

      Not very fsking likely, the US is the biggest market in the world for Asian products. Just look at the Trade Deficeit.
      If everyone cross licenses patents, then this isn't an issue anyway. Depending on the $$ in the market they may be giving up too much, then they just pay the patent fee. Open source software is a possible solution to the issue but thats not immune from silly-ass lawsuits (see SCO vs IBM). Besides in the USA, software is only copyrighted not patented (yet).

    4. Re:International Impact by Savage-Rabbit · · Score: 1

      You need to respect US patents if you intend to sell in the US. I suspect that this is going to start really hurting the US in the next few years. What do you think will happen when, for example, an EU or Asian software company gets hit with a software patent suit? If the US is not their principle market, then they will just pull out - sell their products everywhere except the US. Other companies might decide that selling in the US is too risky, and also ignore the US market.

      One would expect that the USA and the EU would regulate such cases would at an inter governmental level. That is to say if this kind of thing became common enough to do some damage the US ministry of commerce would have a word with their counterparts in Brussel and they would kick some butt and vice versa if the offender was from the US. The alternative would be a big fata trade war and nobody wants that. Dunno about the Chinese though, it might probe more difficult to get them to behave.

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    5. Re:International Impact by Anonymous Coward · · Score: 0

      If the US is not their principle market, then they will just pull out

      Good idea.. this is exactly what Microsoft should do to the EU.

    6. Re:International Impact by spun · · Score: 1

      I've read that the US didn't initially respect foreign patents or copyrights at all, but a quick google search turned up nothing. Oddly enough, none of the histories of IP, patent, or copyright I just read mentioned anything about the US's wholesale 'theft' of IP. Wonder why?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    7. Re:International Impact by Anonymous Coward · · Score: 0

      What do you think will happen when, for example, an EU or Asian software company gets hit with a software patent suit? If the US is not their principle market, then they will just pull out - sell their products everywhere except the US. Other companies might decide that selling in the US is too risky, and also ignore the US market.

      To use an example dear to many Slashdotters: you know how you always moan about how far behind your mobile phones are compared with Asia and Europe? You know when you post comments saying "I wish I had a phone that did [x]" and a European points out that every school kid in their country has exactly that?

      It could be like that for software too if you carry on pushing software patents.

    8. Re:International Impact by ehynes · · Score: 1

      Charles Dickens complained loudly about America's failure to respect British copyrights. See Dicken's 1842 Reading Tour

    9. Re:International Impact by Anonymous Coward · · Score: 0

      They never stopped.

      The rebranded it as "Sceintific whaling", so they can study the effects of whale fat as it is processed and sold to japanese consumers. The japanese are pricks.

    10. Re:International Impact by Dan+Ost · · Score: 1

      Not very fsking likely, the US is the biggest market in the world for Asian products. Just look at the Trade Deficeit.

      It's my understanding that the trade deficit is largely due to the amount
      of oil we import.

      --

      *sigh* back to work...
    11. Re:International Impact by zippthorne · · Score: 1

      I used to have that swiss army knife that did everything.. You know the one that had ALL the tools from the other ones, and was like an inch thick, and the knife didn't knife so good because the handle was so fat. It worked, but it didn't do anything well, and it was heavy and stupid looking in it's fat nylon webbing case pulling on my belt like a lead weight.

      Anyway, there's one thing that US cell phones do that EU phones don't. CDMA.

      --
      Can you be Even More Awesome?!
    12. Re:International Impact by srw · · Score: 2, Insightful
      Besides in the USA, software is only copyrighted not patented (yet).

      Excuse me? What, exactly, have we been talking about for the past 11 years then? See: http://cloanto.com/users/mcb/19950127giflzw.html and http://burnallgifs.org/archives/ for some background. Also see: http://swpat.ffii.de/pikta/xrani/mpeg/index.en.htm l
      Hell, for a more generic discussion see: http://www.bitlaw.com/software-patent/history.html

      (Score: 3, interesting) my A$$. Should be (Score: -1, wrong)
    13. Re:International Impact by jrumney · · Score: 2, Interesting
      If the US is not their principle market, then they will just pull out - sell their products everywhere except the US.

      To all the naysayers, this already happens. A company I worked for in the mid-90's decided to stay out of the US market and concentrate on China instead after receiving a threat of a patent lawsuit from one of our competitors. The idea was obvious, and we'd actually implemented it before the US based patent holder, but it wasn't worth fighting it.

    14. Re:International Impact by Richard_at_work · · Score: 2, Informative

      However, American publishers continued to regard the work of a foreign (i. e., non-resident) author as unprotected 'common' property. Thus, although the Berne Convention greatly simplified the copyright process among European nations, numerous unauthorized American re-prints continued to appear until 1891, when the United States finally agreed to discontinue sanctioning literary piracy. In 1896 the American Congress joined the international copyright union, after petitions directed at it by such noted British novelists as Maria Edgeworth, Benjamin Disraeli, and Charles Dickens, beginning in 1837. Their pleas had fallen on deaf ears in the American government until joined by those of Americans such as Mark Twain, who complained that he was fed up with publishers' ignoring American works in favour of those of English writers, whose books could be re-printed more cheaply because there were no royalty costs. A further point of exacerbation for Twain was Canadian piracies of his works, which he attempted to prevent by establishing temporary residence in Canada on the date of publication of each of his works.

      It certainly happened, and here is a fairly comprehensive history on the subject: http://www.victorianweb.org/authors/dickens/pva/pv a74.html
    15. Re:International Impact by Anonymous Coward · · Score: 0

      All members of the World Trade Organization are supposed to honor the IP of the other members. This is actually one of the biggest things China was supposed to do in order to gain enterance to the WTO. Of course, it's just one of the things they have ignored over the past five years since entering the WTO on a provisional basis.

    16. Re:International Impact by twiddlingbits · · Score: 1

      I was refering to our trade defeciet with China. Oil certainly adds to the overall number but more consumer goods are boughtthat are "Made in China" every day than oil used from the Middle East.

    17. Re:International Impact by twiddlingbits · · Score: 1

      Read your own references. PURE software (such as a math algorithm) is not patentable. The software is patentable IF used in a PROCESS that is patented. It starts getting into the "methods and concepts" arguments that SCIO has tried to use vs IBM. Business Methods and Concepts as embodied in a process containing software are patentable. That's how Amazon got the patent on "one-click" as process of their business model (selling books on the web) as expressed in the software running Amazon.com (the website). Software in a Cash Register that just rings up Sales in not likely patentable but change that software to support the way McDonalds does things and it becomes part of McD's business process and is then patentable. It's a fine line sometimes but it's still a line and you need to know where it is.

    18. Re:International Impact by mrchaotica · · Score: 1

      If everyone cross-licenses patents -- except Free Software, because they can't afford non-zero royalties -- then the only purpose this patent troll company could have is to exterminate Free Software.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    19. Re:International Impact by Electrum · · Score: 1

      "how does patent work internationally". LOL WHY DO U FUCKING CHINKHEADS HAVE SO MANY PROBLEMS WITH PLURALIZATION.

      Mandarin (Chinese) doesn't have plurals or tenses. Conjugation is explicit (yesterday, later) rather an implicit (had, have). It also lacks declension (he / him) and most other inflections (gender, etc.).

  14. obligatory... by mayhemt · · Score: 2, Funny
    message from big companies:
    All your base are belong to us...

    In soviet russia, parents patent you.

    1. Re:obligatory... by Anonymous Coward · · Score: 0

      In soviet russia, parents patent you.

      As opposed to elsewhere, where you patent members of your family?

    2. Re:obligatory... by Anonymous Coward · · Score: 0

      Should be: In soviet russia inventions patent YOU.

    3. Re:obligatory... by Anonymous Coward · · Score: 0

      it's soviet america, dude

  15. Re:No wonder some are nervous! by grub · · Score: 2, Insightful


    They are proposing adding a 5th octet as an interim move until v6 is widely adopted.

    That doesn't sound far off from what they're trying to do: patent every neat idea they can. "Hey! A fifth octet. IPv5! V5... hey! Patent a 5 cylinder internal combustion engine! {repeat ad infinitum}"

    --
    Trolling is a art,
  16. So, is it an (extra)ordinaty patent troll ... by Anonymous Coward · · Score: 0

    ... or maybe it is a proxy set up by Microsoft and others to attack competition (notably Open Source) without getting accused of unfair competition ?

  17. Political Leverage by tgrigsby · · Score: 4, Interesting

    With the sheer volume of patents they hold, the smart move would be to avoid garnering too much attention from Congress and instead sell advantage to competing companies. In other words, their primary source of income wouldn't come from pure patent protection litigation, it would come from companies paying them to tie up their competitors' product lines with injunctions and patent violation suits. The 800 lbs. gorilla would get richer as a hitman than as a tyrant.

    --
    *** *** You're just jealous 'cause the voices talk to me... ***
  18. It should be easy to figure out. by killjoe · · Score: 4, Insightful

    Nathan Myhrvold is not a nobody. He has a rich history all saved on google. A little bit of research should show you whether is a nice guy who is trying to make the world a better place or an evil son of a bitch or somewhere in between.

    Anybody who has been throught the early years of Microsoft's war on the IT industry knows what kind of a person he is. Suffice it to say he is not a nice guy trying to make the world a better place.

    --
    evil is as evil does
  19. Here's how it works by overshoot · · Score: 5, Interesting
    Right now, large companies amass huge throw weights of patents. In general, the outcome of a patent war is Mutually Assured Destruction, so they also enter into mutual cross-licensing agreements that in effect create a patent-free zone for the Fortune 500.

    What Intellectual Ventures could do is create a patent pool for the present members of the club.

    It works like this: Microsoft transfers its patent portfolio to IV in return for a license to IV's patent portfolio. This is no loss to MS because they've already cross-licensed everything with Philips, Cisco, etc. -- all of whom do the same. From the POV of club members, nothing changes, except perhaps that they spend much less money negotiating cross-licensing agreements and pay a bit to IV for the convenience.

    On the other hand, now IV has practically all of that throw weight. Anyone not an "Executive Member" of the club will have to pay (dearly!) to use any of the IV portfolio. What's more, Mutually Assured Destruction doesn't work because IV doesn't actually do anything -- they can't be sued for infringing patents when they don't make anything.

    The upside to the club (aside from convenience noted above) is that any of the "little people" who get uppity are now facing the combined throw weight of all of the patents in the world -- and the club members don't have to accept the public-relations liabilities.

    It's a total win-win situation. For instance, if done right Microsoft could keep Linux tied up in court forever without ever themselves taking a PR hit. Sort of like the BSA except for suppressing potential competition instead of keeping customers in line.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Here's how it works by moochfish · · Score: 5, Interesting

      You make an interesting argument, but I don't know if I fully agree. Let's say Microsoft wants to keep Linux buried in litigation through this organization. Well, the problem is that it has other members with very likely competing interests. For example, Nokia might not like seeing its patent troll baby being used to quash one of its own business partners. So what happens when this sort of conflict of interest arises? And it will.

      I find it hard to believe this troll group will be used for the evil people seem to be claiming. More likely, it will be used as a massive reserve for defensive patents. Much like a defensive alliance between nations, you won't see members picking fights and suing people actively, but instead the group exists to allow for a collective means to *defend* from REAL patent trolls.

    2. Re:Here's how it works by P3NIS_CLEAVER · · Score: 2, Interesting

      Making money off patents casts you as a pariah in the business community. I think this company will be mainly used for defensive purposes. There are just too many legitimate ways for these companies to make money.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    3. Re:Here's how it works by leoxx · · Score: 1

      Did you read the article? They are actively creating shell corporations to "own" the patents, thereby avoiding the risk of counter suits. Why would they do this if the patents were only for "defence"?

    4. Re:Here's how it works by ignavus · · Score: 1

      If this firm attacked Linux, say, what is to stop someone with a big patent portfolio (like IBM) from attacking individual members - even all of them - who subscribe to this cartel? Members could get pulled into patent disputes through the actions of their fellow members. They had better stick to defence, not offence. They might shoot themselves in the foot.

      --
      I am anarch of all I survey.
    5. Re:Here's how it works by Anonymous Coward · · Score: 0

      That doesn't explain the financial investments being made. The kind of cross licensing you are talking about does not require millions of dollars of venture capital. Somebody is going to want a return on their investment. So how are they expecting to get it?

      Nathan Myrvold is a turd.

    6. Re:Here's how it works by swillden · · Score: 2, Interesting

      Making money off patents casts you as a pariah in the business community.

      Is IBM a pariah? IBM makes more than $1B per year from patent licensing.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:Here's how it works by P3NIS_CLEAVER · · Score: 1

      Ok I should of said 'making money off of patent trolls'. I think there is such a thing as legitimate licencing.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
  20. $400 million is not that much by geoff+lane · · Score: 1

    So far The SCO Group has spend $50 million losing a case against IBM.

    1. Re:$400 million is not that much by TheRaven64 · · Score: 1
      Or, to look at it another way, Eolas made more than that from a single patent. So did NTP, for that matter[1].

      Looking at it that way, if even two out of their 5,000 patents turn out to be of similar 'quality' then their investors could be looking at a 100% return. If it weren't for the fact that I really don't want to encourage this kind of behaviour, I would be looking at buying shares...


      [1] Technically, NTP had either more or fewer than one patent, and it's still not quite clear which.

      --
      I am TheRaven on Soylent News
    2. Re:$400 million is not that much by Anonymous Coward · · Score: 0

      And their board of directors has made a disgusting amount of money doing insider trading during that time.

  21. Patent Companies & Patent Auctions by eldavojohn · · Score: 2, Informative

    With patent auctions all over the place (even online), I'm not surprised about Intellectual Ventures.

    If you are in the mood to swallow some Grade A tripe, check out their business plan.

    1. Invention Labs.
    2. Invention Research & Development.
    3. Invention Library (tm).
    4. Market Enablement.
    5. Profit!

    By the way, the "tm" after the Invention Library means trademark. Yes, they've even patented terms in their business plan.

    --
    My work here is dung.
    1. Re:Patent Companies & Patent Auctions by ivan256 · · Score: 1

      No matter what the Intellectual Property industry would have you believe, trademarks, patents, and copyright aren't the same thing.

      That "TM" on the end there means that they consider it to be their trademark. It doesn't hold any legal weight. If they had a registered trademark, that would be an ®, it would have legal weight, and it still wouldn't be a patent.

      Perhaps you were trying to be funny, but mis-information isn't humorous.

    2. Re:Patent Companies & Patent Auctions by Anonymous Coward · · Score: 0

      Then wtf is trademark infringement?

      The point is that it's just another way to sue somebody.

    3. Re:Patent Companies & Patent Auctions by Peyna · · Score: 1

      "TM" carries some legal weight, in that they are putting the world on notice that they claim that to be a trademark. To qualify for registration something has to be used in interstate commerce and meet other requirements as well, which they might not have yet done. Almost every registered mark is first used prior to registration. Once it's used, you can then register it.

      --
      What?
    4. Re:Patent Companies & Patent Auctions by ivan256 · · Score: 1

      When you lose a trademark infringement suit, you have to stop using the mark. When you lose a patent suit you have to pay. Also, you can use the same mark as somebody else as long as you're using it for something different.

      You don't need a reason to file a civil lawsuit, so that's a pretty dumb point.

    5. Re:Patent Companies & Patent Auctions by Anonymous Coward · · Score: 0

      Then wtf is trademark infringement

      It's an act completely separate from patent infringement.

    6. Re:Patent Companies & Patent Auctions by xenocide2 · · Score: 1

      Interestingly, "Open Source" is one of the flows labelled in their final stage, "Market Enablement." I'm not sure what sort of "market opportunities" this company has in mind, but I hope it doesn't involve purchasing SCO's tactics.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

  22. yah think? by phlegmofdiscontent · · Score: 1

    We've already seen patent holding companies suing the pants (and shirts and ties & everything else) out of other companies for patent infringement. What's to stop this one. I understand the idea of a company whose only revenue is from patent litigation or royalties, but still! Most companies make money by providing goods and services. This does neither and should be considered nothing more than a parasite.

    1. Re:yah think? by haapi · · Score: 1

      Agreed. Many Companies that actually create products hold large patent libraries in reserve in case they are sued by a competitor. The end result is, "Well, we could counter-sue because you are infringing on one of our patents, OR how about we cross-license and call it a day?"

      But that strategy is useless against an entity that produces no product.

      --
      Well, apparently, you only have to fool the majority of people for a little while.
  23. Re:No wonder some are nervous! by onion_joe · · Score: 0, Offtopic

    totally off topic, but Volvo and Audi have had 5 cylinder engines since the mid 80's. Mod me the heck down...

    --
    sig sig sig siggy sig
  24. Prior Art -- the Untouchable IP by Anonymous Coward · · Score: 0

    The most valuable IP -- is prior art that can not be patented.

    Question Technology -- where are we ultimately heading?

    The end is nigh. -- Technological Singularity Timeline

    1. Re:Prior Art -- the Untouchable IP by Biff+Stu · · Score: 2

      The problem with prior art is that a patent troll can doctor it up in BS and try to patent it anyhow. It will probably slip past the patent office. It's true that it won't hold up in court, but for a small business looking at a multi-million dollar fight to defeat a troll's portfolio of prior art, it effectively eliminates competition.

  25. Hold that thought by HotBBQ · · Score: 5, Funny
    From TFA

    'They can't be screwing around with a bunch of ideas for that long,'

    Why not? I've been screwing around with the idea of screwing around with multiple hot chicks since I can remember. Wish I could get a patent on that.

    1. Re:Hold that thought by Eccles · · Score: 4, Funny

      Why not? I've been screwing around with the idea of screwing around with multiple hot chicks since I can remember. Wish I could get a patent on that.

      Now that's one case where I really wish I had prior art...

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
  26. Well DUH! by Anonymous Coward · · Score: 0

    "IP lawyers and tech executives worry that Intellectual Ventures is less interested in changing the world with big ideas, and more focused on becoming an über patent troll, wreaking litigation havoc across industries with its patents."

    Well gee, did they hire scientists? Buy factories? Employ Software engineers?

    Of course they want to be a patent troll, you can get $600 million a patent these days, even if they only get $50 million a patent thats $150 Billion taken from US companies.

  27. been here before by theCat · · Score: 4, Insightful

    Gould & Fisk tried the same thing with the gold market. At which point, fundamental flaws in the gold standard and the Greenback became rather obvious.

    Maybe we'll have the same corrections this time but without the economic collapse. Did I just suggest we've learned anything from the past? Very sorry, I'll stop now.

    --
    =^..^= all your rodent are belong to us
    1. Re:been here before by chris_eineke · · Score: 1
      At which point, fundamental flaws in the gold standard and the Greenback became rather obvious.
      Reading the Wikipedia article you linked to; doesn't this prove the exact opposite?
      During the American Civil War, the United States government issued a large amount of money that was backed by nothing but credit.
      At that point the U.S. was off the gold standard which led to those two crooks cornering the gold market. I don't see the fundamental flaw - isn't it more like the fundamental benefit?
      --
      "All you have to do is be fragile and grateful. So stay the underdog." Chuck Palahniuk, Choke
    2. Re:been here before by devnull17 · · Score: 1

      Interesting reference, but unless we're printing U.S. currency on patents, I fail to see how it applies to this situation.

    3. Re:been here before by mrchaotica · · Score: 1

      The closest I can come up with is gold standard : fiat currency :: real property : patents. Not sure how that applies, though.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  28. Hmmmmmmmm.... I wonder ...... by Opportunist · · Score: 1

    Let's see, the EU is currently having issues with MS because MS is monopolizing the OS market.

    Wonder what the reaction would be to a company that tries to monopolize the legal use of implementations (i.e. patents) in the whole IT biz ...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Hmmmmmmmm.... I wonder ...... by OctaviusIII · · Score: 1

      I was just wondering about the threat of monopolizing ideas. The old adage, "Great minds think alike" would soon become legally suspect. That example of eBay being sued for their "buy now!" feature seems like complete hogwash. It's a good idea, and I'd be surprised if they didn't just come up with the concept in the first place. I could see IV becoming sort of an idea monopoly, where any business idea first needs to be bought as a "patent portfolio" from them. Really, though, one can only blame Disney for screwing up the system. Each time their characters come up for release into public domain, they lobby to extend the patents, and each time they win. Something needs to change.

      --
      What's this? Another weblog? On transit?
    2. Re:Hmmmmmmmm.... I wonder ...... by init100 · · Score: 1

      Really, though, one can only blame Disney for screwing up the system. Each time their characters come up for release into public domain, they lobby to extend the patents, and each time they win.

      That's copyrights, not patents, isn't it?

    3. Re:Hmmmmmmmm.... I wonder ...... by Opportunist · · Score: 1

      The beef with Disney are copyrights, not patents. I don't know if it's possible to extent patents.

      Still, the duration for patents is already ridiculously high for software. Afaik, 70 years. In other words, NOTHING ever created in the area of microcomputers would have expired by now. In about 20 years, punchcards would become PD. 20 years ago, we had machines like the C64 (just to give you an idea what happens in 20 years in the IT biz).

      The development zips by so fast that 70 years are an eternity in this business. I don't question patents altogether. A good implementation that took time and energy to create should be patentable. But I have problems with frivolous patents like the "buy now" button or the progress bar. And with the length. 10 years sounds more like something that could be applicable. If you can't milk it enough in 10 years, you definitly made a huge mistake.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  29. DDOS on USPTO by calcutta001 · · Score: 4, Interesting

    Here is an idea to protest against software patents.

    Create an open source patent organization and start applying for software patents on behalf of open source coders for every little piece of innovation. The idea is to keep the threshold of what qualifies as innovation low to generate a huge list of patent applications.

    Anything useless from "emphasizing email addresses containing a numbers in a word processing document" to "a real fancy way of optimizing inner loops in interpreted languages" to "a memory management code for NUMA architecture"

    The important goal is not to get a software patent but to demonstrate the weakness of the system.

    This will overwhelm the patent office. at best cause a change in thinking of policy makers. at least it will cause a headache for the patent mongers.

    1. Re:DDOS on USPTO by Anonymous Coward · · Score: 0

      The patent office makes money, the more applications it receives the more money it makes. More applications means more work for examiners and less work per applcation so all patents will issue more easily. The policy makers will notice that more money is rolling in and decide that the status quo is a success. The money coming in will be diverted to enforcement of the DMCA or some corporate friendly agency.

      There are better ways to waste your money than a counterproductive protest.

    2. Re:DDOS on USPTO by Chandon+Seldon · · Score: 1

      The patent office is well built to resist denial of service attacks like that - it costs a shitload of money to apply for a patent. That does mean that few "small inventors" can ever afford a patent, but it prevents it from getting "bogged down" at least.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    3. Re:DDOS on USPTO by Anonymous Coward · · Score: 0

      it costs a shitload of money to apply for a patent

      $300.

    4. Re:DDOS on USPTO by mpe · · Score: 1

      Create an open source patent organization and start applying for software patents on behalf of open source coders for every little piece of innovation. The idea is to keep the threshold of what qualifies as innovation low to generate a huge list of patent applications.

      All you will do is pay out money for the applications. Even if you get any patents you'd still need to enforce them.

  30. Question of maybe 5 years by Nahooda · · Score: 1

    It's just a question of maybe 5 years or less until there will be software patents in the EU. Software patent supporters like Microsoft or SAP have way too much influence on EU politicians.

    Those EU suckers give a fuck about what EU citizens think or want.

    --
    Sigs suck!
    1. Re:Question of maybe 5 years by Anonymous Coward · · Score: 0

      Well, there would be with that sort of fatalistic attitude... Seriously, people really can make a difference. Shoot the bastards if necessary, but NEVER lie back and take it up the ass because "it's gonna happen anyway". That's the one sure way it will.

    2. Re:Question of maybe 5 years by Anonymous Coward · · Score: 0

      Wrong. You could lay on your stomach--I hear it's less intrusive feeling that way.

    3. Re:Question of maybe 5 years by hotdiggitydawg · · Score: 1

      ...right, which is why the EU is fining them millions of dollars a day for failing to comply with antitrust regulations.

  31. My understanding of IV by Anonymous Coward · · Score: 5, Interesting

    Alright patent bashing aside ...
    As I understand IV from some people working with them (with the caveat that my understanding is not based on a direct relationship with them, but lunch conversations/rumor):

    1) The $400M is NOT an investment. It is blackmail, like protection money. Company X pays IV for the costs of a patent portfolio with the understanding that IV will not sue Company X based on those patents (i.e. they get a license). So, Company X pays protection money to IV and IV gets new patents paid for to go sue others on.

    2) There is no "speculation" that IV is a troll. As I understand it, that is their purpose.

    3) IV doesn't invent anything. They buy blocks of patents on the cheap (especially if they get other firms to pay) from some other company's firesale. Usually these patents are an unusable mess and require massive clean-up. But, if you buy thousands of patents you'll hit gold eventually.

    4) As a troll, if you don't have deep pockets, IV doesn't care about you (unless you have something to sell). This is cincontrast with real companies that often use their patents to prevent a second company from making a product. IV just wants money.

    1. Re:My understanding of IV by Anonymous Coward · · Score: 1, Interesting
  32. The legislators are starting to get nervous. by Anonymous Coward · · Score: 1, Interesting
  33. It's just not one big player by grahamsz · · Score: 5, Insightful

    Imagine that Intel, AMD and IBM not only patented everything imaginable in the uProcessor space, but that they got together and cross-licensed all that tech.

    On the face of it, this sounds advantageous. It allows more cool features in processors and alleviates those three companies from having to worry about getting involved in frivolous lawsuits with their main competitors.

    Now perhaps Intel patented the XOR operation. Sure the patent is blatantly unfair, but since IBM and AMD can already use it then they have no need to fight intel's patent. THe only person who would want to fight it would be some new player in that space, but who'd have the resources?

    If large corporations start broadly cross-licensing technologies then it'll effectively kill the little guy and sew up the market.

    1. Re:It's just not one big player by Anonymous Coward · · Score: 0

      Unless ... Now just hear me out ... unless a company like Intellectual Ventures licenses their portfolio to the little guy at an affordable rate and levels the playing field. Wouldn't that be totally cool? :O)

    2. Re:It's just not one big player by idonthack · · Score: 1
      ...it'll effectively kill the little guy and sew up the market.
      At first, I thought you meant to say "sue". Then I realized that either one would fit.
      --
      Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
    3. Re:It's just not one big player by Anonymous Coward · · Score: 0

      Yeah. And maybe next time I have to take a shit, $100 bills will come out and I'll be able to retire.

    4. Re:It's just not one big player by ScrewMaster · · Score: 1

      They've been cross-licensing their patent portfolios for decades. That's nothing new. What is new is that somebody is buying up patents by the shitload, with intentions that are murky at best. Even if their intentions are honorable now, who's to say they always will be? This much power in so few hands is a risky proposition and just asking for trouble. Hell, if I were out to really screw up the American industrial base, using our own legal system against us, this is exactly how I'd go about doing it.

      Look, when you concentrate something valuable, at a certain point it becomes dangerous if those in control of it turn threatening. Google, for example, has an unrivalled collection of data on, well, on pretty much everything. Many people on Slashdot have commented on the potential dangers of that information if Google chooses to use it unethically, or if it falls into the hands of people that would misuse it. Worse, given that this organization is founded by an ex-Microsoft bigwig, and has a collection of lawyers running the show (rather than a couple of computer-science types who really don't want to be evil) I think the shit is truly going to hit the fan on this one. I don't see how it could not hit the fan ... this much power is just too tempting.

      {sigh} In some ways, it makes me wish I'd pursued a career in "intellectual property law" instead of going for engineering. I'd probably have a lot more money.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:It's just not one big player by Unlikely_Hero · · Score: 1

      IANAL but it seems like that would be something quite akin to price fixing or trusts.
      The big guys teaming up to keep the little guy out I mean.
      Don't we have laws for that?...oh...campaign contributions...right
      Sorry forgot where I was for a moment.

      --
      Happiness does not come from having much, but from being attached to little.
  34. Let's see this for what it is, shall we? by viewtouch · · Score: 5, Insightful

    The US Constitution recognized only individuals with respect to copyrights, patents, etc.. At the point where corporations were given equal status with individuals then all of the rights that had been held by individuals then became rights that corporations could also hold. Corporations can, with this accession, do things that no individual could possibly do. Therein lies many a disaster, many of which lie immediately ahead in the future. Every time a corporation petitions a legislator for a law that gives it more power, the rights of the individuals are the currency paid in this transaction. The eventual outcome of this, it should be clear to all by now, is that a few corporations will hold all the power and no individuals will have any rights except those that the corporations see fit to allow them to have to the extent that it fulfils the plan of the corporations to manipulate the people. As Ralph Nader has often explained, unless and until we people put an end to this individuals will find themselves with fewer and fewer rights, and corporations will grab more and more power over individuals. This is a war, folks. If you don't think so you are condemning your progeny to virtual slavery.

    1. Re:Let's see this for what it is, shall we? by Anonymous Coward · · Score: 0

      oh noes! the cap1talists!!!1

      hahahaha
      ralph nader?
      hahahaha

    2. Re:Let's see this for what it is, shall we? by Anonymous Coward · · Score: 0

      A good case in point might be the local power companies that are frantically fighting efforts by the "ESTATE" of Enron to collect on contracts they signed up for to pay for electricity that Enron couldn't deliver anyway.

    3. Re:Let's see this for what it is, shall we? by RexRhino · · Score: 2, Insightful

      I agree with you... up until you started to bring up Ralph Nader. Ralph, unintentionally of course, is one of the biggest allies of the big corporations... by promoting expensive regulation that makes doing buisness unaffordable for anyone by huge corporations who can afford the initial capital investment to comply with regulations. Also, in his dream world, most of the economy and society would be controlled by the government (which is as bad or worse than having a few corporations control everything). Remember, the government IS a corporation, it is simply a corporation that can use violence to maintain it's monopoly, and can charge you for services against your will.

    4. Re:Let's see this for what it is, shall we? by Anonymous Coward · · Score: 0

      The parent poster brings out an interesting point that I was discussing a while ago with some friends. Of all the rights afforded to indviduals what all rights are not afforded to corporations?

      I'm not sure about the US, but in India right to vote (adult franchise) is a significant right that I'm sure is not applicable to corporations.

      How about right to property - if there is one. India doesn't have one; not sure about the but the Bill of Rights doesn't seem to indicate any such thing. Gurus??

      As an extension to the thought expressed by the parent poster, what is the implication of (not) extending all the rights to corporations? Increased corruption (corps. can't vote, so they buy influence)? Current mess of property law? How about the other scenario where corps. don't have rights?

    5. Re:Let's see this for what it is, shall we? by iminplaya · · Score: 1

      And then we can look to recent events in Tibet to inspire us never to let that happen. It's time to put the corporate puppet masters and those who give them their authority on alert that we won't tolerate it. We have the power. Don't let it go to waste.

      --
      What?
    6. Re:Let's see this for what it is, shall we? by jeffasselin · · Score: 1

      I concur. Individuals can be responsible and have a sense of ethics. Corporations are by definition non-ethical because profit is all they care about, and have no sense of social or personal responsibility. They shouldn't have the same rights as individuals if they cannot express the same social responsibility.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    7. Re:Let's see this for what it is, shall we? by linuxrocks123 · · Score: 1

      You express the point of view of many people in your post, and those of a significant percentage of the Slashdot community. Here's why I think you're wrong.

      You talk about corporations having "equal status with individuals," but this is simply not the case. As a sibling poster mentioned, corporations cannot vote. There are many other aspects of the law that apply only to "natural persons" and not to "corporate persons."

      The "corporate personhood" that you are so concerned about is in a fact a legal fiction created by the courts in order to establish that corporations could be sued. When the corporate structure was first developed, corporations argued in court that they could not be sued because they were not people, and only people could (and can) be sued. The courts responded by saying that, for the purposes of lawsuits, corporations were people. The concept of corporate personhood was then extended, by both the courts and the legislature, to place further responsibilities on corporations.

      The fiction of corporate personhood is a useful structure, because in many aspects of law we do want corporations to be treated like people. They should be able to sue and be sued when they wrong or are wronged by individuals and/or corporations. They should be able to hold property and should have to pay taxes.

      The distinction between "corporate personhood" and "natural personhood" is of course also useful, and it is in no danger of being blurred. Corporations cannot vote. They cannot hold public office, and they cannot serve on the jury. All mainstream politicians and scholars agree that this should be the case, and I think you'll be hard pressed to find someone with views so bizarre and extreme that he thinks corporations should be able to do these things.

      You also talk about corporations in the U.S. having power in other ways. While corporations may be less regulated in the U.S. than in socialist and semi-socialist states in Europe, they are by no means unregulated. Also, the larger the corporation, the more regulated it is. Equal employment opportunity laws, for example, are major regulatory burdens for large corporations. However, since many of the more burdensome portions of these laws only apply to corporations with over a certain (fairly large) number of employees, small businesses for the most part retain the power to hire whom they wish. In this way, small corporations are more powerful than large corporations. Many business regulations share this characteristic of a "graduated burden" depending on a company's size.

      --
      vi ~/.emacs # I'm probably going to Hell for this.
    8. Re:Let's see this for what it is, shall we? by NeutronCowboy · · Score: 1

      The obvious solution is, of course, to incorporate everyone at birth. Think of the possibilities! The mergers, acquisitions and firesales that could happen! I'm sure this would be the beginning of a glorious new human age.

      Note for the sarcasm impaired: the above was sarcasm.

      --
      Those who can, do. Those who can't, sue.
    9. Re:Let's see this for what it is, shall we? by mpe · · Score: 1

      You talk about corporations having "equal status with individuals," but this is simply not the case. As a sibling poster mentioned, corporations cannot vote.

      In many cases, especially with a very limited candidate pool and an over representation of "career politicans", being able to lobby is far more important than being able to vote.

      There are many other aspects of the law that apply only to "natural persons" and not to "corporate persons."

      Like many aspects of criminal law...

    10. Re:Let's see this for what it is, shall we? by Jtheletter · · Score: 1
      They shouldn't have the same rights as individuals if they cannot express the same social responsibility.

      Agreed. Moreover the point I like to make is that corporations are rarely - if ever! - punished in the same way as an individual. When a corporation is caught breaking a law - say dumping toxic chemicals into a lake - they are usually fined, have to clean up the mess, and maybe the exec who ok'd it gets some jail time. But nothing has changed really, another exec could authorize the same behavior and if the dollar cost of the penalty is less than the value gained by the illegal act then it is in fact in the coroporation's favor to do it again.

      Now an individual person who was caught committing the exact same crime might be fined and imprisoned for years! This A) effectively removes the person from society entirely, and B) nearly ensures that the person has a very limited effectiveness after release since many companies won't hire convicted felons, etc.

      The problem here is that the corporation is not only getting all the advantages of being a person, but it totally escapes the disadvantages of legal punishment. Until a corporation can be "put in jail" by, say suspending/revoking its charter for the length of the jailterm, then there will always be a huge disparity between the rights of a corporation and the rights of an individual. I say if corporations want to have the same legal standing then they need to have the same standing across the board, including the way the justice system treats them as an entity.

      Now of course this is unpopular for many reasons, if Ford Motor Co were suddenly convicted of a jailable offense then tens to hundreds of thousands of people would be without jobs during the charter suspension, and could cause huge economic problems. So this is not something that has an easy solution, but I think there is certainly a lot more that can be done then simply fining corporations. A person fears breaking the law because the sentence will remove a sginificant part of their useful (and limited) lifetime, a corporation can not only afford massive fines, but it can survive in the red for decades and is near immortal! Which means, yeah sure, the company on paper my not be profitable, but the execs and workers are still getting paychecks in the meantime so there's really no fear there. (The fear-of-law-as-a-deterrant argument to be settled in another debate!)

      When the legal penalties do the same level of damage for the same crimes to a corporation as they would to an individual, then we will see more social responsibilty from them.

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    11. Re:Let's see this for what it is, shall we? by slothman32 · · Score: 1

      Just put the Board in jail, etc.
      The shareholders, except board ones, can elect a new board.
      That way no one loses a job.
      Well except for the executives.

      --
      Why don't you guys have friends or journals?
    12. Re:Let's see this for what it is, shall we? by wilec · · Score: 1

      Well stated! Jefferson had concerns about large enterprises, mostly banks and the trading companies they often owned. The argument could be made that they held the same positions of influence at the time as nearly all large corporate interests do today.

      "If the American people ever allow private banks to control the issue of currency, first by inflation, then by deflation, the banks will deprive the People of all property until their children will wake up homeless in the continent their fathers conquered." Thomas Jefferson

      Add to this that many of the largest today exist as global entities and that the executives and controlling shareholders of these corporations can afford to live anywhere in the world they wish. The result is that these individuals and the enterprises they control have no allegiance to any culture, nation or its people. The only reasons the welfare and indeed the survival of the western nations are of any concern to these corporations is for the purchasing power of their marketplaces and for the military power enforced stability they provide. Should these marketplaces become broken or displaced by say... Asian nations, the ability to exert military power will follow the money, and the West will find itself the new third world, and quicker that you might think.

      If the purchasing power of the West continues to decline among the masses of its population the system will break. Before you trickle down fans start yapping about increases in purchasing power for the western nations, let me remind you that these have NOT "trickled down" and increases in wealth have remained with the top five percent or so of the western population. The vast majority of the populations in western nations have seen purchasing power fall consistently over the last three or four decades.

      As for the nitwits that trash Ralph Nader, I find that he is more in tune with what is actually happening than the corporate puppets you continue to support. For those who would accuse him of fostering class warfare, well you have it backwards. The original poster was correct there is a war, it could even be construed as a class war. However the executers of this war are the rich and powerful, and they are winning. The formation of a new breed of Facist society with its corosponding cultural values is well underway in many wertern nations. If this situation is not corrected soon our descendants will curse the selfishness, ignorance and cowardice of those that allowed the destruction of the greatest scientific, economic and culture power in history and allowed its children to be robbed of their hopes, dreams and liberty.

      Matthew

    13. Re:Let's see this for what it is, shall we? by Anonymous Coward · · Score: 0

      Thanks for the reply. I appreciate your thoughts.

      g

  35. IP lawyers by labratuk · · Score: 1
    IP lawyers... worry that Intellectual Ventures is less interested in changing the world with big ideas, and more focused on becoming an über patent troll

    90% of IP lawyers are patent trolls. They just don't like being out-trolled.
    --
    Malike Bamiyi wanted my assistance.
    1. Re:IP lawyers by Anonymous Coward · · Score: 0

      Actually only a small percentage of IP lawyers work for patent trolls. The remainder work defending companies from the trolls. Some of the big cases have one plaintiff and twenty or more defendants.

  36. They haven't lost the case yet!! by Russ+Nelson · · Score: 1

    There's still hope for SCO to spend $60 million .... after all, they haven't actually LOST the case yet.

    --
    Don't piss off The Angry Economist
  37. Open Source comanies are doing basically the same by Vitriolix · · Score: 4, Informative

    http://lwn.net/Articles/179597/

    Back in January, Red Hat reversed a longstanding policy and allowed the Mono .NET implementation into the Fedora distribution. A set of Mono applications (Tomboy, Banshee, F-spot) also went in at that time. The move was generally welcomed, but a number of observers wondered what had changed to make the addition of Mono possible. The sticking point had been a set of patents on .NET held by Microsoft; presumably those patents were no longer seen as a threat. But no information on why that might be was released at that time.

    We missed it at the time, but Fedora hacker Greg DeKoenigsberg posted an explanation in late March. The answer, as it turns out, may offer some clues of how the software patent battle might play out.

    Back in November, the Open Invention Network (OIN) announced its existence. OIN is a corporation which has been set up for one express purpose: to acquire patents and use them to promote and defend free software. The OIN patent policy is this:

    Patents owned by Open Invention Network will be available on a royalty-free basis to any company, institution or individual that agrees not to assert its patents against the Linux operating system or certain Linux-related applications.

    The list of "certain Linux-related applications" is said to exist, though it has not, yet, been posted publicly. But Mono is apparently on that list. So anybody who files patent infringement suits against Mono users, and who is, in turn, making use of technology covered by OIN's patents is setting himself up for a countersuit. Depending on the value of the patents held by OIN, that threat could raise the risk of attacking Mono considerably.

  38. someone has to say it by lindkg · · Score: 1

    I for one welcome our new patent holding overlords

    1. Re:someone has to say it by Anpheus · · Score: 1

      I for one welcome our new patent holding overlords

      Too late.

  39. Don't forget future developments. by Anonymous Coward · · Score: 0

    Don't forget that the US is experiencing another crisis, when it comes to producing new scientists and engineers.

    A visit to any American university will show the truth about the future. In many institutions, the number of foreign students in undergraduate science and engineering programs far exceeds the number of American students. When you consider graduate studies in such fields, the proportion of American students drops even further.

    What we have is a situation where the US has trained some of the best Chinese, Indian, and Middle Eastern minds. It many cases, they'll head back to their native lands, offering the benefit of the training they have received in America. That is why we are now seeing nations like China and India becoming such big players on the technology front.

    I'm not just talking about manufacturing, either. They're having far bigger roles in R&D. When one considers that China and India each have over three times the population of the US, one soon realizes that China and India will become the hub of technological developments in the future.

    Without a solid base of engineers, scientists and researchers, the US economy will stagnate. You are correct, patent laws will become irrelevant. That will mainly be because foreign firms will be able to produce even highly-technical goods far cheaper than in the US, and the US just won't have the technological know-how to make use of foreign developments.

  40. Patent commons - already underway by cdn-programmer · · Score: 1

    ODSL announces Patent Commons Project

    Wednesday August 10, @07:51PM

    Rejected

    The powers that be rejected this story. Funny thing is AFAIK ODSL operates slashdot. I guess they just didn't want you to know.

    1. Re:Patent commons - already underway by chileno · · Score: 1
      The powers that be rejected this story. Funny thing is AFAIK ODSL operates slashdot. I guess they just didn't want you to know.

      Maybe because you misspelled OSDL?

      sigh, what's wrong with a little dyslexia...

    2. Re:Patent commons - already underway by idonthack · · Score: 1
      ODSL operates slashdot
      You mean OSTG?
      --
      Why is it that when you believe something it's an opinion, but when I believe something it's a manifesto?
  41. I wonder... by Eric+Damron · · Score: 0

    "Intellectual Ventures has amassed 3,000-5,000 patents, with the help of a $400 million investment from some of the biggest technology companies, including Nokia, Intel, Apple, Sony, and Microsoft."

    Gee, I wonder if Intellectual Ventures can be hired to wield their arsenal against helpless victims? Gee, I also wonder which corporations would be run by low life slimeballs who have no morals when it comes to violating the law when they feel they can get away with it and gaming the system at every chance, will be willing to pipe millions of dollars directly or through venture capital connection to fund harassment lawsuits against their competitors.

    I'm not sure but I think one of corprorations has the initials of: MICROSOFT!

    --
    The race isn't always to the swift... but that's the way to bet!
  42. And a lousy CTO to boot by Anonymous Coward · · Score: 0

    "Suffice it to say he is not a nice guy trying to make the world a better place."

    When you look at what he did to MS technology-wise, its a wonder he got the job. It's my contention that all the crappy stuff coming out of MS is result of the fine "work" he did there.

    One assumes he was a paid operative of Oracle or Novell or something.

  43. ventures/vultures by crabpeople · · Score: 1

    "IP lawyers and tech executives worry that Intellectual Ventures is less interested in changing the world with big ideas, and more focused on becoming an über patent troll"

    first pass i read that as vultures and thought slashdot was getting quite flamey in its article summaries. not to say its not a correct play on words, but a wee bit flamey nevertheless.

    --
    I'll just use my special getting high powers one more time...
  44. Typo in the summary? by Anonymous Coward · · Score: 0

    Shouldn't it read "Intellectual Vultures?"

  45. Whom would they sue? by jimbolaya · · Score: 1

    Surely they're not going to sue their investors, mainly big businesses. It seems that the 'patent trolls' are using small companies who like to sue big businesses. I wouldn't be surprised if this company was formed as a defense against patent trolls, rather than as an übertroll.

    --

    There ain't no rules here; we're trying to accomplish something.

  46. Re:No wonder some are nervous! by jimbolaya · · Score: 0, Offtopic

    Mod me down, too, but GM currently sells the Colorado and Canyon midsized pickups with 5-bangers.

    --

    There ain't no rules here; we're trying to accomplish something.

  47. I'd love to see it by popo · · Score: 1


    The only way the big guys will come over to our side on Patent reform is if they
    get reamed by an "uber patent troll".

    Get teh popcorn!

    --
    ------ The best brain training is now totally free : )
    1. Re:I'd love to see it by jimbolaya · · Score: 1

      But the big guys are funding this. I'd be surprised if this was intended to be an übertroll, though it's certainly possible the big guys inadvertently created a monster.

      --

      There ain't no rules here; we're trying to accomplish something.

  48. IP is the oil of the information age by servognome · · Score: 4, Insightful

    On the contrary; maybe having the economy dragged to a standstill is the only way to let the politicians realize the folly of the 'everything's patentable' world. If it would lead to change, the temporary stagnation might be worth it.

    Just like skyrocketting oil prices have convinced politicians on the need for alternative energy sources. Sure an economic standstill works, but it's horribly painful for everybody (except for those who are profiting short-term).
    What is really needed is an education effort on IP reform. Not just for the politicians, but for the public at large, so they can elect forward thinking leaders.

    --
    D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    1. Re:IP is the oil of the information age by Anonymous Coward · · Score: 0
      We don't need to convince politicians of the need for alternative energy sources. (They seem more likely to produce more pointless speeches, photo-ops and paper than research funds.) We need to convince entrepreneurs and investors that there is demand for alternative energy sources. Rising gas prices are perfect for precipitating this kind of change because now people at all levels of the economy are looking alternatives. Hybrids, electric, hydrogen, and fuel cells (and low tech options like buses, carpooling, and trains) all become more palatable to the consumer and more profitable to the supplier the higher petroleum goes. Not to mention those ridiculous SUVs are now that much more expensive to drive.

      Let Big Oil roll in the cash: they pave their industry's decline with every unhappy person at the pump.

    2. Re:IP is the oil of the information age by EvanED · · Score: 1

      Just like skyrocketting oil prices have convinced politicians on the need for alternative energy sources.

      I can't tell if you're being sarcastic, but if you are, there's a big difference. There is to my knowledge no legal barrier to alternative energy sources, it's just a difficult problem to solve. The lack of real progress here has been the lack of a push and the financial investment required to make developments, as well as an apparently deep-seeted need to try to one-up your neighbor in terms of the size of your SUV. (I'll be the first to admit that there are very real reasons why you'd need an SUV or something, but at the same time probably 3/4 of them could be replaced by a sedan with no real hardship on the part of the owners.)

      At the same time, the patent problem is a legal problem by definition, and thus MUST be solved by politicians. There's also I think no social inertia to overcome to solve this problem. The average joe doesn't care about the patent law in the US.

    3. Re:IP is the oil of the information age by iminplaya · · Score: 1

      What is really needed is an education effort on IP reform. Not just for the politicians, but for the public at large, so they can elect forward thinking leaders.

      Unless you can make education as exciting and titillating as propaganda, you won't see anything of the kind. Once we give up our freedoms, it always seems to take a lot of violence to get them back, as evidenced in Tibet and France, and possibly the states with their immigration issue. As it is, I'm convinced that things like this can only help to force a resolution. And that I consider a good thing. And it makes for great soap opera. I suspect that the people that are actually nervous are that way because the whole system could collapse before they can cash in... or out as the case may be.

      --
      What?
    4. Re:IP is the oil of the information age by servognome · · Score: 1

      There is to my knowledge no legal barrier to alternative energy sources, it's just a difficult problem to solve

      EPA regulations, tax breaks, import tariffs, energy policy, research funding, foreign policy, etc. are all ways the politicians have their hand in "encouraging" whatever they think is best.

      At the same time, the patent problem is a legal problem by definition, and thus MUST be solved by politicians. There's also I think no social inertia to overcome to solve this problem. The average joe doesn't care about the patent law in the US.

      Yup, which is very scary. At least with oil you can watch TV and see the obvious correlation with gas prices and how it's affecting your pocketbook. With IP it's not so obvious what the price impact on the consumer is from patent collectives cornering the market.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    5. Re:IP is the oil of the information age by sgt_doom · · Score: 1
      Just like skyrocketting oil prices have convinced politicians on the need for alternative energy sources.

      Dude, we've been hearing that sorry refrain for over 35 years. Gee, I think the know-nothing neocons have been more or less successful with regard to energy consumption for the society at large.....

    6. Re:IP is the oil of the information age by mjwx · · Score: 1

      Does this mean we're running out of IP?

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    7. Re:IP is the oil of the information age by servognome · · Score: 1

      Dude, we've been hearing that sorry refrain for over 35 years. Gee, I think the know-nothing neocons have been more or less successful with regard to energy consumption for the society at large.....

      Yeah but at what price? Just because the money we pay at the pump has remained relatively low (until Bush screwed things up), doesn't mean there hasn't been a high price paid by society overall. We pay for the effects of pollution with our health, insurance premiums, and environmental changes. We also pay the price through foreign policy. The only purpose of Gulf War 1 was to maintain stability in the region to keep low oil prices. Do you think the US would really spend several hundred billion dollars "bringing freedom" to Iraq if there were no oil there?

      Rather than encouraging a diversification in energy sources, politicians have worked to maintain an artificially low market price for oil. That causes skyrocketting prices each time there is the slightest bit of instability. That's not to say the left is totally innocent of blame, as they have stifled nuclear power, domestic oil exploration, and refining capacity increases.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    8. Re:IP is the oil of the information age by Anonymous Coward · · Score: 0

      Considering that current gasoline prices are caused by a) taxation and b) recent regulation requiring the (increased?) addition of ethanol which is currently heavily tarriffed by the same government... no, I don't see "politicians" fixing that particular problem any time soon.

      pockets lined by patent trolls don't go very far to resolving the other bit, either.

    9. Re:IP is the oil of the information age by Anonymous Coward · · Score: 0

      it means we could have our economy handcuffed by an IP cartel, just as we do with OPEC

    10. Re:IP is the oil of the information age by Rocketship+Underpant · · Score: 1

      "What is really needed is an education effort on IP reform. Not just for the politicians, but for the public at large, so they can elect forward thinking leaders."

      I understand your sentiment, but do you really think the public at large cares about or can be made to understand patents? Even if they did, it would be the last thing on their minds come election time. Majoritarian government ("democracy") is all about reducing elections to one or two media-trumpeted issues, with the goal of convincing 51% of voters (i.e. 25% of the public) that they can get something at another's expense by casting the right vote. Patents will never be an election issue, and even if they were, the issue would be spun so that people would vote the wrong way.

      --
      He who lights his taper at mine, receives light without darkening me.
    11. Re:IP is the oil of the information age by chaoticgeek · · Score: 0

      Or, the oil companies pay money to politicians to not start any laws/bills like this, and they control the entire enegry industry, or at least most of it...

      --
      hello
    12. Re:IP is the oil of the information age by Anonymous Coward · · Score: 0

      Yes. We must adopt IPV6 FAST!!!

    13. Re:IP is the oil of the information age by olddotter · · Score: 1
    14. Re:IP is the oil of the information age by sgt_doom · · Score: 1
      Sorry, I must not have written that remark as coherently as I thought.

      I agree with all your comments - I simply meant that the pols have sabotaged every real effort by the populace at alternate energy sources and come out on the side of the corps.

  49. Good... by linuxhansl · · Score: 1
    maybe this will finally be seed of the realization that a market with broad patent monopolies is not a free market at all.

    Now of course big corporations are not interested in a free market but society in general is/should be.

    With free I mean a market in which companies can compete, not a completely unregulated market. IMHO, collections of patent should be subject to anti-trust scrutiny.

  50. Please please bring it on by localman · · Score: 0, Troll

    The patent system will not be changed until it wreaks havoc across the land. It will be a painful process, but isn't change always such? Right now we're stuck water torture mode, and it's hard to convince people that patents are a net loss for society. I know they are because the company I work for is dealing with frivolous patent issues regularly now. It's just crazy how abused the whole thing is.

    So I'm hoping this company goes after all the big boys and wins. I want to see IBM, NCR, and any other company with a patent litigation strategy to get nailed. And everyone else and their little dogs, too: Apple, Microsoft, etc. When they've all had their hands tied and/or had billions in revenue funnelled off to these trolls, when jobs start getting lost, when markets start crashing, maybe just maybe the issue will get the treatment it deserves.

    Cheers.

    1. Re:Please please bring it on by lightyear4 · · Score: 1

      The patent system will not be changed until it wreaks havoc across the land. It will be a painful process, but isn't change always such?

      The only problem is that - when the dust finally clears and we awaken to sanity - the rest of the world will have sped far ahead. We've already lost our technological edge; to see this one must merely glance at our international partners. Broadband speeds orders of magnitude faster than our typical domestic cable/dsl, for a fraction of our cost. A growing trade deficit. Europe reawakening under a common helm, uniting as one. Lines drawn in the sand, once indefinite, are now becoming quite clear. Innovation having been mired and made stagnant by artificial impediments -- by those institutions ostensibly intended to ensure it (!!) -- change will be too slow to come. The world's one-time darling is now reluctantly giving up her crown.

      And so so many stand idly by, feigning helplessness, watching it happen.

    2. Re:Please please bring it on by localman · · Score: 1

      I pretty much agree. I guess I'm just hoping for a catastrophic patent crisis brought on by this company. Unlikely, sure, but our only chance to improve things in anything like a reasonable timeframe. And if other nations surpass us, well, more power to them I guess. We let ourselves be overtaken.

      Cheers.

  51. Sounds more like an extortion racket by grahamsz · · Score: 1

    "Nice application you've got there... wouldn't want anything bad to happen to it, would you?"

    For the low price of $100k/year you can be covered in case you've accidentally violated one of our patents.

    Few of the main investors there are famous for levelling the playing field.

  52. If I was an economist ... by hardwarehacker · · Score: 1

    One of the fundamentals of economics is the unintended consequences of grand plans. If such an organization is allow to exist, others will follow suit creating a type of oligopoly of intellectual property within the US. The unfortunate outcome, is that this may serve as a catalyst for IP innovation moving out of the US. A country such as India has very weak IP laws and may be the less of two evils. The US based arguement, of course, is that it is the center of the commerce, innovation and the Universe. However the US has small share of the Earth's population. Many of the third and second world countries are emerging into the consumption of IP rich goods, thus decreasing the marketing impact of US consumers.

  53. They've created a monster! by SeaFox · · Score: 1, Redundant

    ...with the help of a $400 million investment from some of the biggest technology companies, including Nokia, Intel, Apple, Sony, and Microsoft.

    IP lawyers and tech executives worry that Intellectual Ventures is less interested in changing the world with big ideas, and more focused on becoming an über patent troll...

    Wouldn't Apple, Sony, Microsoft, and Nokia be the companies most targeted by a patent troll? Everytime some company we've never heard of pops up with submarine patent to try and rake in millions on an existing product, it's one of these four companies who's on the other end of the infringement suit.

    Unless they have some sort of ironclad immunity clause in their investment contracts, it sounds like they are helping their own worst enemy.

  54. Just disobey by Anonymous Coward · · Score: 0

    "We demand a settlement from you for infringing on our patents X, Y, and Z which we own -- we demand monetary compensation and cease and desist distributing your product and to hand over ownership of your source code to us."

    The next day, "accidentally" leak your source code to the public, citing "hackers" as the reason.

  55. That is incorrect. by reality-bytes · · Score: 5, Informative

    The UKPTO is one of EU member offices known to actively *reject* attempted software and business method patents even if it has to go all the way to the high court.

    In fact, they were recently held as a 'good example' by the FFII.

    --
    Ripping an new rectum in the fabric of spacetime.
    1. Re:That is incorrect. by cortana · · Score: 1

      Some are rejected. LWZ wasn't. MPEG-related patents aren't. :(

  56. worried lawyers? by routerguy666 · · Score: 1

    Yeah I'm sure IP lawyers are worried about the possibility of years of patent litigation coming down the pipe.

    "How ever am I going to choose between the red or black Ferrari?"

    1. Re:worried lawyers? by Anonymous Coward · · Score: 0

      buy both?

  57. Lots of Evil Promisses and History to Keep by twitter · · Score: 1, Troll
    You make an interesting argument, but I don't know if I fully agree. Let's say Microsoft wants to keep Linux buried in litigation through this organization.

    Why should you say so when they have spoken for themselves? "we owe it to our shareholders to have a strategy" says Steve Ballmer. The SCO case speaks louder than words about intent.

    Nokia might not like seeing its patent troll baby being used to quash one of its own business partners. So what happens when this sort of conflict of interest arises?

    Do you think Nokia would care about Slashdot if they were offered ownership of Linux? Make no mistake, the ultimate intent of patent legislation is to own, "IP", the market and your very hide.

    I find it hard to believe this troll group will be used for the evil people seem to be claiming.

    You might as well tell me that the BSA does not sue public school systems for copying word processors. Same people, same principles, the same actions.

    the group exists to allow for a collective means to *defend* from REAL patent trolls.

    If amassing $400,000,000 worth of business method and fat line patents is not a troll, what is? You and your real invention?

    --

    Friends don't help friends install M$ junk.

    1. Re:Lots of Evil Promisses and History to Keep by thogard · · Score: 1

      The only fix for open source patent issues is to make sure that stock holders get stung but the requires having a unified way to remove licenses from stock holders. An example could be that you end up losing the right to use Apache if you owned stock in a patent toll company.

  58. Hooray for IP cartels! by seven+of+five · · Score: 1

    It's like the RIAA, but for patents! Yaaay!!

  59. Video Interview with him on CNET by failedlogic · · Score: 3, Interesting

    Here's a video interview with him on CNET: http://feeds.bignewsnetwork.com/redir.php?jid=2185 46b58b244f4f&cat=52079c37c3706e15

    Basically, his rationale is that because companies don't permit engineers to check patent portfolios and many companies don't actively check patents against their own products a lot of companies are in trouble.

    Personally, though I'm not quite convinced. I believe it is a way to squeeze out the small players in the market. There's something about this guy that after seeing the video demonstrates one thing: not trustworthy. His body language and voice show through right away.

    I wonder how much it costs to join the "club" and I wonder what kind of contract you have to sign to get in.

  60. The highest form of capitalism by Anonymous Coward · · Score: 0

    1. Produce no product
    2. Provide no service
    3. Possess no skills
    4. ???
    5. Profit

  61. Better a creator than a thief by Anonymous Coward · · Score: 0

    At the end of the day, people like RIM and such can only rely on trying to steal others ideas, run to market, and then scream "troll!" Startups, universities, and real IP creators (not just open source weenies who dupe a feature that was created 20 years ago in BSD and think they are creative) rely on the patent systems and its weak protection of owners rights to keep big lumbering companies and mindless wannabees in line.

  62. bring it on baby --- by Anonymous Coward · · Score: 0

    Cool. Maybe they will break things so badly that the other patent gorillas will get hit hard enough to order their minions (a.k.a. the congress critters and presidunce they buy every 4 years) to actually do something sane about patent reform.

  63. weird by Anonymous Coward · · Score: 0

    the first time I heard of this company, it was on a business card stuck to the wall in a famous okonomiyaki place in osaka. true story

  64. Some useful links by 3seas · · Score: 2, Informative

    The way to win the software patent undoing is to make programminhg so damn easy that its hard to find novel.

    http://en.wikipedia.org/wiki/Abstraction_physics Yeah, its up for deletion but that doesn't invalidate it. But its really not original research either.

    http://developer.osdl.org/dev/priorart/wiki/index. php/Tagging_Prototype

  65. Decent points, but by Mateo_LeFou · · Score: 4, Insightful
    Let's not forget the other thing patents are supposed to do: disclose to the public an invention, in exchange for exclusive control of that invention.

    NB:
    -If the invention is, e.g. "one-click shopping" the public will reply "who gives a fuck?! duh!" Hence the non-obviousness requirement.

    This is why patent-trolling is not just name-calling. Many companies (and here it seems we have the epitome) have, as their business model, making-it-impossible-for-others-to-do-their-work-w ithout-paying-us-a-fee.

    Patents are supposed to be about collecting-a-fee-for-helping-others-do-their-work- better. In particular: helping them do it better in a way they might never have imagined.

    --
    My turnips listen for the soft cry of your love
    1. Re:Decent points, but by IAmTheDave · · Score: 2, Insightful
      In particular: helping them do it better in a way they might never have imagined.

      And now "imagining" means "purchasing". In no way, shape, or form should patents be assignable to a third party. The potential for abuse has already been realized in the courts again and again.

      Just look at the name of the company. They were set up, specifically to be a patent troll. Obviously the companies in question figure half a billion dollars is chump change in return for what they can get with just a few "settlements" (RIM, anyone?)

      This scares me. No doubt this company will start buying out other "patent holding firms", amassing a rediculously big software IP portfolio, to the point that any development of any kind requires a "development license" that covers you against lawsuits. Because I have to assume that with 5000 patents and counting, just about any website or Windows/OSX app that I write is going to infringe on one of them.

      --
      Excuse my speling.
      Making The Bar Project
    2. Re:Decent points, but by multiplexor · · Score: 1

      No, patents are NOT supposed to do 'other' things. The only thing they do is secure the right to exclude others from using your invention for a limited period of time in exchange for a full public disclosure. Patents are NOT about collecting a fee for helping others do their work better - they are about granting exclusive control for a limited time in exchange for showing others do their work better after the patent period expires. If others want to offer you payment for use of your intellectual property during the period of exclusivity, well that's their business. Their alternative is to invent a still better method and exclude YOU until their patent expires.

  66. Patenting XOR: It's Been Done by Prototerm · · Score: 2, Interesting

    Back in the late 80's, I was contacted by the lawyers for Commodore Computer. They were looking for potential witnesses in a lawsuit someone had brought against the company. It seems someone had patented the XOR instruction as it was applied to on screen graphics, and claimed that an enhanced BASIC program for the C-64 violated that patent. At the time, I was a C-64 software developer with some friends in West Chester (C='s HQ).I was never called, more's the pity since it would have involved a trip to San Francisco, all expenses paid. I think the lawsuit was dropped eventually, but still, that sort of thing really sucks. The lawyer told me that Apple had already settled with the guy to avoid their own lawsuit.

    --
    "My country, right or wrong; if right, to be kept right; and if wrong, to be set right." --Senator Carl Schurz (1872)
    1. Re:Patenting XOR: It's Been Done by metamatic · · Score: 1

      The "someone" in question is Quantel, best known for their Quantel Paintbox.

      The Quantel XOR cursor patent is one of the classic examples of a ridiculously obvious software patent. I independently reinvented the idea when I was around 12 years old, for example.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  67. Parental Responsibility by ObsessiveMathsFreak · · Score: 1

    It does beg the question of how these people must have been raised to end up as patent trolls. What kind of enviornment is required to make someone so self-centered, unscrupulous and unethical?

    Do you have to spoil the child? Beat it? Ignore it? Lead by example? What circumstances can create a creature so base as a patent troll? To they have even a shread of scruple left?

    --
    May the Maths Be with you!
    1. Re:Parental Responsibility by PlusFiveTroll · · Score: 1

      Do you have to spoil the child? Beat it? Ignore it? Lead by example? What circumstances can create a creature so base as a patent troll? To they have even a shread of scruple left?

      Actually just give it everything it wants, its ego will grow exponentially larger. If they had any discipline they may have realized that there actions will have reactions that may have negative circumstances.

  68. Patent upfront costs: technical-0, legal -lots by j_dot_bomb · · Score: 2, Interesting

    If you are technically smart and invent something but you try to create a patent your self for low cost you are likely to be screwed by lack of knowledge of legal drafting. So you have high upfront cost to pay for that language or figure it out yourself.

    If you are an IP lawyer with not much technical skill, its ok if your idea isnt really new. It does not cost you much to submit more than one application, and the wording on some makes it new. But that is determined later. You have low upfront cost.

  69. it will backfire on them by emagery · · Score: 2, Insightful

    the problem with this idea is that if they abuse it, they will either destroy the patent as a concept or be dismantled by the/a government as it was with other overly abusive megacorps.

  70. Wonder how long that'll take? 100 years? 50? by Anonymous Coward · · Score: 0

    > In soviet russia, parents patent you.

    Ummm, given all the gene patents they're allowing these days, that might not be such a bad idea, lest some idiot allow them to sue us for infringement merely for existing.

    Oh sure, the actual case would be something convoluted like "child inhereted the experimental genome from gene therapy from the patient and agreed to the license because they were going to die if the gene therapy didn't work so they had no choice but the court unreasonably refused to void the contract due to this duress" but it'd still amount to a person's mere existence infringing upon a patent due to stupid laws...

    Then again, at some point, hopefully we'll see reform when these laws are proven utterly unworkable and unenforcable, but I'm not holding my breath.

  71. Or maybe extortion? by Dcnjoe60 · · Score: 1

    With the sheer volume of patents they hold, the smart move would be to avoid garnering too much attention from Congress and instead sell advantage to competing companies. In other words, their primary source of income wouldn't come from pure patent protection litigation, it would come from companies paying them to tie up their competitors' product lines with injunctions and patent violation suits. The 800 lbs. gorilla would get richer as a hitman than as a tyrant.

    Or maybe they would get their income from a protection money scheme "Pay us a fee and we won't come after you." I seem to recall SCO trying that with Linux users, so it's not too far fetched. Just because they weren't successful at it (mainly because they didn't have legal grounds to enforce anything), doesn't mean this company wouldn't succeed.

    1. Re:Or maybe extortion? by mrchaotica · · Score: 1

      That's the same as what the parent said, except in his case the courts would be used as the knee-breaking thugs.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:Or maybe extortion? by Dcnjoe60 · · Score: 1

      Not quite. The parent said that companies would pay a fee to use the patents to tie up their competitors in the courts. I think the company itself would say pay me the protection money or I'll tie you up in the courts.

  72. What makes a patent troll? by Anonymous Coward · · Score: 0

    One word: psychopathy.

  73. Paper or plastic? by patio11 · · Score: 2, Interesting
    For paying the patent application fee, that is. Assuming you qualify as a small entity (guessing thats pretty easy if you're an open source project with genuinely independent developers, as opposed to the typical major open source project with most of the heavy lifting being done by folks who are paid by IBM et al to do it), thats $75 for each DDOS patent that you file. I think you'll break your bank account before you break the "server"'s capacity.

    Now, if you could figure out how to turn other people into robo-zombies who you could direct over IRC to pay the $75 for you, you might actually be able to work things out. Or you could do an algorithmic complexity attack: figure out how the patent office sends claims to examiners, target an examiner in particular, and pre-calculate your patents to just overwhelm him. Of course, thats not likely to be nearly as effective in real life, because the Patent Office (unlike most hash algorithm) can probably load-balance without appreciably affecting the speed of their systems (it helps that hash algorithms are assumed to be fast, and the Patent Office... ha, ha, ha).

  74. IPValue has more patents ? by cpatil · · Score: 1

    I believe IPValue controls 8000 patents(Not positive on the number).

  75. A lawyer driven business model? by Anonymous Coward · · Score: 0

    So that in effect makes lawyers into an driving force behind a business model. To hell with customers, we'll just use lawyers to drive the economic engines of the future, its such a beautiful idea when you think about it.

    Now if only lawyers could be used in an otto cycle to power my car, we'd have it all set!

  76. Not really true by NigelJohnstone · · Score: 1

    "You need to respect US patents if you intend to sell in the US. "

    Pretty much everything infringes some patent in some interpretation, its not the goodwill of people checking the patents that stops them selling in the US, its lawsuits and the only lawsuits happening are against the big guys with cash to take.
    The best that happens is, that in clear cut cases, the US company gets customs to block the product arriving at the port.

    For software, even that's not possible because port 80 is shared.

    For business processes, well, how do you stop a vague idea for a business process from entering the country? Search everyones minds?

  77. BRILLIANT! by throbi · · Score: 1

    Those guys seem to be pretty desperate for loosing the leadership in technology. They try to line up against foreign enemies (China, Russia, ...) while they are killing their own little players. Just wait 'till the rest of the world will just simply ignore the whole american patenting horseshit and this move will be seen as the first step to suicide!

  78. implement-me by Anonymous Coward · · Score: 1, Interesting

    I would rather like to see a public database/wiki where I could easily and at no cost file ideas or inventions, thereby turning them officially into prior art.

    So if you think of something obvious, you just file it. I'm of course thinking sort of public domain here.

    Some practical problems:
    -A published idea would have to have enough details to establish prior-art. Yet simple, otherwise people won't bother to file.
    -Disclaimers needed to make clear that the idea might already be published, patented or even implemented. Normal people can't be expected to hunt for this.
    -A working filing system to be able to find ideas within categories.
    -The database would probably have to become a recognized source of prior-arts. http://en.wikipedia.org/wiki/Prior_art links to one db, but that one costs money and felt quite stiffer than what I'm proposing)
    -Printed publication may be a requirement for prior art.
    -Editors probably needed in practice.
    -Should others be allowed or improve upon ideas?

  79. Patent speculation is pretty scary sometimes by ursabear · · Score: 1

    It is a twisting of the original ideas of what patents are about.

    There are always entrepreneurs who figure out and take advantage of things in this sort of way - or at least so it seems to me.

    If you'd like some humor on the subject, Google Patent Trolls Got No Souls.

  80. MOD PARENT DOWN: Straw man by hkmwbz · · Score: 1

    The parent post is nothing but a straw man argument. He obviously didn't even bother to read RTFA.

    --
    Clever signature text goes here.
  81. better alternative by Ender+Ryan · · Score: 1
    The other, better alternative is simply, produce something useful. It's hard work, sacrifices would need to be made, and the rewards are a little less than exceptional. However, there's far too much money to be gained by a select few as the U.S. crumbles. That is, afterall, how most empires are destroyed, ie., from within, for short term gain, by a select few.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  82. not too big a deal by MooseTick · · Score: 1

    Unlike copyrights, patents in the US are only good for 20 years. Therefore randomly patenting a bunch of ideas that have no use now may not be too great of an idea. If They can't be used for another 10 years in an application and then that may take 5 years to implement, then you only have to wait another 5 before the patent is a non-issue.

  83. And by "same" you mean "opposite" by mrchaotica · · Score: 1

    Beacuse this new company appears to be set up for the purpose of using patents offensively, in order to destroy Free Software. In fact, it seems to me that it is designed as a direct counter to OIN.

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    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  84. A Giant Patent Fence/ Mine Field/ Bridge Troll by gomel · · Score: 1

    The plan, he says, is to "invent across the spectrum."

    What they are trying to achieve is to put up a fence which noone can cross. They will "block across the spectrum."

    The UE has a brain storming process which is called Foresight, where scientists are asked what they believe will be future inventions or the public's needs in their area of expertise. This helps to designate areas for priority public funding. This IV project is the same, but done for private greed, not for the public benefit.

    Imagine an array of patents, which are placed at strategic points on the innovation fronteer/space. Patents, which you can't work around; which go across the spectrum and don't leave any area of technology untouched. Like the lense in optics, the engine in cars, a gene modification tool in medicine.

    IV wants to be the Troll that guards the safe passage across that mine field.

    http://www.embassyofheaven.com/newslett/news9805/t roll.gif

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