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LinuxDefenders.org Launches To Fight Patent Trolls

eldavojohn writes "The Linux Defenders Network is a new organization sponsored by the Open Invention Network, the Software Freedom Law Center, and The Linux Foundation to help the community defend itself against patent trolls. Three models, or 'IP rights management tools,' are offered: Peer to Patent, Post-Issue Peer to Patent, and Defensive Publications. Mich Kabay's article in NetworkWorld cites an all-too-familiar incident from December, when General Patent Corp. announced it was working on behalf of Worlds.com to sue everyone — this probably could have been avoided with a little prior art help from the community. From the organization's about page: 'We encourage contributions from anyone that is interested in ensuring that innovation is not stifled by poor quality patents and is interested in assisting the patent office in its goal of improving the overall quality of patents.' Are these guys saviors arriving in the nick of time, or just another hopeless community effort to rein in the failing patent system?"

73 comments

  1. "hopeless community effort", I'm afraid by alain94040 · · Score: 5, Interesting

    A great initiative on paper, but I doubt it will lead to much. As someone who wrote a patent more than a decade ago and had the pleasure of being sued by my ex-employer (using my patents against me - nice), I can attest to the craziness of claim construction and other esoteric legal arguments.

    Unlike coding as a group, which gave us Linux, creating meaningful and valid prior art is both harder and much less rewarding. That's why I doubt it can get enough contributors to make a difference.

    Can't we just force the patent examiners to use Google search instead?

    --
    Fair Revenue Sharing for Bloggers: Pageviews or Equity?

    1. Re:"hopeless community effort", I'm afraid by ZarathustraDK · · Score: 1

      Unlike coding as a group, which gave us Linux, creating meaningful and valid prior art is both harder and much less rewarding.

      Nonsense, you just whine because you do not have a timemachine like the rest of us.

      --
      If you quote this signature there'll be 72 copies of Windows ME waiting for you in Heaven.
    2. Re:"hopeless community effort", I'm afraid by falconwolf · · Score: 4, Funny

      Can't we just force the patent examiners to use Google search instead?

      That's already patented.

      Falcon

    3. Re:"hopeless community effort", I'm afraid by Anonymous Coward · · Score: 4, Insightful

      As someone who wrote a patent more than a decade ago and had the pleasure of being sued by my ex-employer (using my patents against me - nice), I can attest to the craziness of claim construction and other esoteric legal arguments.

      TBH you deserve it and so does everyone else that writes a software patent. I hope you've learned your lesson and thanks for doing your part to ruin the software industry.

    4. Re:"hopeless community effort", I'm afraid by Jurily · · Score: 5, Insightful

      That's why I doubt it can get enough contributors to make a difference.

      As always, there is another solution: Let the US sink to wherever they feel comfortable, move to another country with no patent laws, and live happily ever after. Of course, said plan fails if you're in the US and don't want to move, and the new country should be heavily guarded against such tendencies...

      However, given the current situation, I personally think this is the most viable route. Unless of course Obama turns out to be smarter than his campaign contributors.

      Troll me if you want, but ask yourself: is a system where ideas can be monopolized, livable? It's not the idea, but the implementation, that adds value and takes work to achieve.

      Also, take into account the fact that Free Software has no jurisdiction. People from all over the world are contributing, and they're not going to stop because one country acts stupid.

    5. Re:"hopeless community effort", I'm afraid by Tubal-Cain · · Score: 1

      While the copyright situation in the US is dismal, it is deteriorating at a slower rate than nations with a similar quality of life.

    6. Re:"hopeless community effort", I'm afraid by DeadDecoy · · Score: 1

      I believe patent examiners can use google or some other search engine but they have to be somewhat obtuse when performing their searches. Otherwise, if you could somehow get a hold of their query history, you have a list of ideas or IP that may not be patented yet. This probably hinders the patent examiners ability to find prior art or ensure that the application isn't stupid.

    7. Re:"hopeless community effort", I'm afraid by Anonymous Coward · · Score: 0

      you are insane. first you capitalize free software. then you just basically post insane crap.

    8. Re:"hopeless community effort", I'm afraid by jabithew · · Score: 2, Insightful

      It's not the idea, but the implementation, that adds value and takes work to achieve.

      This is a lot less clear cut than you seem to think. I am a student in the process industry. At the moment, as part of a project on process design, I'm researching patents. The process is the production of PV-grade silicon from quartz. There are often patents of things which have never been implemented, but are quite specific. For example, is the idea making PV-grade silicon from quartz? Or is it choosing to use a metallurgical-only route? Or is it choosing to use a Cao.SiO2 slag with blown air to purify it? Surely an idea as specific as the last one is worthy of a patent?

      But this can also apply to software. After all, most of the elements of software can exist happily in the abstract (e.g. algorithms). Is an algorithm an idea or an implementation? Take the jpeg algorithm, it can't be used as it stands on a computer, but it is also a fully functional program in an abstract form. Idea or implementation?

      --
      All intents and purposes. Not intensive purposes.
    9. Re:"hopeless community effort", I'm afraid by Ciggy · · Score: 1

      You hit the nail on the head with your example.

      The problem with software patents has been (and still is) that they are overly broad. The equivalent software patent to your example would be to patent making PV-grade silicon from quartz (by any method), not the final suggested one of using a Cao.SiO2 slag with blown air.

      --

      A rose by any other name would smell as sweet;
      A chrysanthemum by any other name would be easier to spell
    10. Re:"hopeless community effort", I'm afraid by Anonymous Coward · · Score: 0

      The problem with patents in Google is that the "inventors" keep inventing obscure names for their "inventions".
      Take a look at "web slices" in MS IE8:
      1) Google says that "web slices" is a popular way to cut web page graphics into small pieces so that page loads faster.
      2) if you look at what MS means by "web slices", you will realize that it is nothing more than Atom/RSS protocol reinvention in a browser.

      So no, patent system is broken and Google is not going to fix it for you.

    11. Re:"hopeless community effort", I'm afraid by Jurily · · Score: 3, Interesting

      Or is it choosing to use a Cao.SiO2 slag with blown air to purify it? Surely an idea as specific as the last one is worthy of a patent?

      No, not in itself. Sure, it's a good idea, and you're right to be proud of it.

      However, just because you thought of it first doesn't in itself mean you should be the only one who can have that thought. Now, if you're the first one to think it and you also use it, that's another thing entirely.

      Suppose a patent troll had that thought first. They're not doing anything with it, just sitting on the patent. Now you are verboten to have a good idea, for no good reason. Would you still say the same?

    12. Re:"hopeless community effort", I'm afraid by Anonymous Coward · · Score: 0

      I think independent discovery must be permitted. This idea that you are the only one with *that* good idea flies in the face of reality.

      But the patent system is by lawyers for lawyers...

    13. Re:"hopeless community effort", I'm afraid by jabithew · · Score: 1

      It's not my idea, it was Elkem Solar of Norway's.

      Patent trolling never takes the form you describe, except maybe in monopolies like MS. What would be the gain for the troll? They usually either use the tech or license it for some negligible amount.

      --
      All intents and purposes. Not intensive purposes.
    14. Re:"hopeless community effort", I'm afraid by Anonymous Coward · · Score: 0

      Sig goes in the sig field, please. I am tired of seeing it. It's spammy.

    15. Re:"hopeless community effort", I'm afraid by overlordofmu · · Score: 0

      This is official notice that I have patented the English alphabet and the mathematical operations of addition and subtraction. If you have posted to Slashdot today using any of the following letters (abcdefghijklmnopqrstuvwxyz) in their lower case or capital forms, you must pay me. Also, with my addition and subtraction patent I also have rights to multiplication (aka iterative addition) and division (iterative subtraction).

  2. Didn't read the summary by 77Punker · · Score: 5, Funny

    Hope this turns out better than Windows Defender!

  3. Why linux? by Dyinobal · · Score: 3, Insightful

    A site designed to educate what patent trolling is, and show current examples of patent trolling seems more logical to me. These cretins hide behind obfustification of the issue. A site that plainly cuts through the BS that is often the case of these trolls is what we need not a 'linux defender'. Troll the patent trolls don't defend against them.

    1. Re:Why linux? by 77Punker · · Score: 1

      Troll the patent trolls

      So we shitpost in all of their threads?

    2. Re:Why linux? by Facegarden · · Score: 2, Funny

      Troll the patent trolls

      So we shitpost in all of their threads?

      You can't, I just patented Trolling. I'll license it to you though, for a small fee...
      -Taylor

      --
      Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
    3. Re:Why linux? by L4t3r4lu5 · · Score: 1

      Sorry, prior art. "The most likely derivation of the word troll can be found in the phrase "trolling for newbies," popularized in the early 1990s in the Usenet group, alt.folklore.urban (AFU)." Citation.

      I'd sue you, but I think sueing for patent infringement has been patented.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  4. Re:Hurray? by larry+bagina · · Score: 5, Informative

    Microsoft.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  5. Re:Slashdot.org Launches To Fight First Post Troll by legirons · · Score: 0, Offtopic

    news at #1

    Slashdot, news from two months ago

  6. Because they don't by Bearhouse · · Score: 1

    That's why I doubt it can get enough contributors to make a difference.

    Can't we just force the patent examiners to use Google search instead?

    Well, based on their recent dismal performance, I think that that's not likely to happen soon. The USPO just does not seem to have the competence available in sufficient numbers.

    They might be better off just posting a summary of all s/w patents to /., where there seem to be plenty of experts with plenty of time *cough*

    1. Re:Because they don't by Anonymous Coward · · Score: 1, Interesting

      Well, based on their recent dismal performance, I think that that's not likely to happen soon. The USPO just does not seem to have the competence available in sufficient numbers.

      Well it's not even about USPTO incompetence, it's a broken game to start with: if the USPTO don't have expertise in EVERYTHING then they can't distinguish significantly unique inventions. Asking the USPTO to be experts at EVERYTHING is ridiculous so the idea of the patent office as it is is ridiculous. Right now they're handing out monopolies over things they don't understand and effectively outlawing competition in some areas.

      Add to this the USPTO have a big ego and they don't like admitting that they were wrong (the emperor is wearing clothes, damnit!). For years Amazon had their one-click patent and the patent office didn't fix it. That it took a New Zealander so long to destroy Amazon patent shows that they don't like going back on their decisions.

      Putting the patents application process online is a good start (I think the USPTO do this). At least that way the large corporates can fight it out like a court-room battle, with the patent examiner as the judge. But even then the USPTO don't have the time to judge applications because it's not considered a court battle, it's considered revenue generation and it's not the governments problem when it goes wrong. Their only motivation is bad publicity and government intervention but they've got a monopoly so what's the alternative? They get to do a crap job and that's ok.

      Worse still, there's a lot of lobbying money in maintaining patents now and little money for reform or limitations. We're going to be stuck with it for a long time.

  7. Great... help the patent trolls to get stronger by Ed+Avis · · Score: 3, Insightful

    So they're going to help improve the 'quality' of software patents so that patent trolls, rather than getting weak patents which can be easily challenged in court, will be able to get stronger, less contestable patents. They're going to publish prior art so that patent applications can be carefully worded to work around it. This may not be such a great idea.

    --
    -- Ed Avis ed@membled.com
    1. Re:Great... help the patent trolls to get stronger by mercutioviz · · Score: 5, Insightful

      I suppose it depends on how "stronger" and "higher quality" are defined. If "higher quality" means much narrower claims, fewer or no patents on mathematics and algorithms, or the holy grail of no software patents at all, then I'm all for it. A "stronger" patent may actually be "weaker" in that it is so narrow and focused that it loses value for the patent troll, who by definition wants broad and vague patents so that he can "sue everyone" in hopes of a settlement.

    2. Re:Great... help the patent trolls to get stronger by Thinboy00 · · Score: 1

      Their lawyers will just find a loophole.

      --
      $ make available
    3. Re:Great... help the patent trolls to get stronger by shentino · · Score: 1

      They already do

      It's called "beat your opponent into settlement"

  8. Re:Hurray? by Anonymous Coward · · Score: 1, Informative

    Once again, the SCO lawsuits were about copyrights, not about patents.

  9. Billions needed to purchase island. by Anonymous Coward · · Score: 2, Interesting

    What we should do instead is raise money to buy an island and form a freedom-compliant government on it. The constitution of this island would state that everyone has total and complete freedom of speech, freedom of expression, and freedom to information, with absolutely, positively, no exceptions. This means yelling "Fire!" in a crowded theater is allowed. The constitution would further state that no other country's IP laws have any meaning on the island. This means it is legal to copy any information and nobody can say or do anything about it. The constitution would further state that no taxes of any kind or any amount may be levied for any reason, that the government may consist ONLY of elected people (no appointees or hires), that these people are allowed to work in their government role only 15 days per year, that they volunteer for the part and receive no compensation, and that any legislation they pass must first be approved by a 2/3rd majority of the entire island's voters in all of ten consecutive elections before it passes into law. There is no executive or judiciary. All disputes and other matters are settled by duels fought at a designated spot on the island's beach, with the only requirement that each party to the duel must bring three witnesses. The constitution would further state that no treaties or agreements may be signed with any country for any reason. The constitution would further state that the island would obtain an asteroid the size of Texas and prevent all outside threats or attacks from all other countries through a policy of deterrence: "You threaten us, we drop this asteroid the size of Texas and knock the whole planet out of orbit." All of your patent troll problems are solved by moving to this island. Now if only we could figure out where to get the billion or two that it would cost to buy such a place.

    1. Re:Billions needed to purchase island. by Anonymous Coward · · Score: 0

      Through SUPPORT of course! /sarcasm off

    2. Re:Billions needed to purchase island. by Computershack · · Score: 3, Insightful

      What we should do instead is raise money to buy an island and form a freedom-compliant government on it. The constitution of this island would state that everyone has total and complete freedom of speech, freedom of expression, and freedom to information, with absolutely, positively, no exceptions.

      I guess you haven't quite thought that out then. It would be a child abusers paradise. After all, they don't see what they're doing as wrong and as they're entitled to freedom of expression, you cannot convict them. Also, freedom to information means anyone would have completely unrestricted access to any financial information of yours plus any private data as well such as passwords and PIN numbers.

      --
      I only please one person per day. Today is not your day. Tomorrow isn't looking good either. - Scott Adams
    3. Re:Billions needed to purchase island. by Tubal-Cain · · Score: 1

      The constitution would further state that no taxes of any kind or any amount may be levied for any reason...

      So how will you fund it? Donations? Bonds?

      ...that the government may consist ONLY of elected people (no appointees or hire)...

      Great. When is the election date for the office intern?

      There is no executive...

      So... nobody to enforce the rules?

    4. Re:Billions needed to purchase island. by Anonymous Coward · · Score: 0

      There is no executive...

      So... nobody to enforce the rules?

      i think the op meant that all disputes, including disputes about whether the rules were followed or not, would be settled at a dual at the beach.

    5. Re:Billions needed to purchase island. by crazycheetah · · Score: 1

      Well, damn. Eventually, everyone would have been in enough fights to have either damaged their brains beyond being able to actually fight any more, or damn hardened fighters--good, in theory, for if the island ever got attacked...

      Would probably motivate people to get off their asses and exercise so they can even have a chance in the fights that they would come up with.

      Or everyone would just turn in to pussies and the criminals would eventually take over. Hell, if gangs and mafias are willing to fight, but no one else does, so they kick everyone's asses all the time... yeah... I like the former outcome better--it seems more realistic, too.

    6. Re:Billions needed to purchase island. by Tubal-Cain · · Score: 1

      Would probably motivate people to get off their asses and exercise so they can even have a chance in the fights that they would come up with.

      Duals don't need to use swords or guns. I suppose it could be a StarCraft tournament.

    7. Re:Billions needed to purchase island. by earthforce_1 · · Score: 1

      Well, I heard sealand http://www.sealandgov.org/ was up for grabs, and Ceres http://en.wikipedia.org/wiki/Ceres_(dwarf_planet) ought to be large enough for the asteroid purpose. AFAIK nobody else has laid claim to it.

      --
      My rights don't need management.
    8. Re:Billions needed to purchase island. by elashish14 · · Score: 1

      You forgot to mention: the economy runs on nothing but pure clean air.

      Talk about renewable!

      --
      I have left slashdot and am now on Soylent News. FUCK YOU DICE.
    9. Re:Billions needed to purchase island. by slash.duncan · · Score: 2, Insightful

      [pedantic] OK, so you're saying "PIN numbers", where PIN is "Personal Identification Number". Do you enter your "PIN numbers" at the "PIN number keyboard board" on the "ATM machines"? At least you could have been consistent, and used "password words" while you were at it? =:^) [/pedantic]

      Meanwhile, while I agree with your general point, I believe it would have been made more effectively, at least to many here at /. (who pride themselves on being a "thinking" audience highly valuing freedom, true or not), had you not invoked the "Think of the children!!1!!111!" bit. Unfortunately, both it and the "war on terror" have been so overused by the fascist/authoritarian/big-brother types recently that they have lost much of their original effectiveness, and indeed, many of us have a gut reaction every time we see them invoked of "Oh, another proponent of /that/ stuff, time to watch my liberties as he's obviously trying to take one or more away, and is grasping for some semblance of justification."

      So next time, consider leaving that bit out. The effect on personal financial and etc. information and passwords and the like, should be enough on its own to get people rethinking their position. The graphical physical reference, be it child abuse, rape your women, or indeed, personal anal penetration, really does more to hurt your case than help, at least here on /., tho it may arguably go a long way when targeting a different audience, the remaining "Bible, Bush & Homeland" types. (FWIW, the work "homeland" alone has strong fascist links, which is why I wondered why in the world the powers that be chose the particular term "Homeland Security". Could it be they were so indoctrinated they didn't realize the historical links of homeland and fatherland to Nazi Germany? Unless it was a deliberate reference?)

      --
      Duncan
      "Every nonfree program has a lord, a master,
      and if you use the program, he is your master."
      R Stallman
    10. Re:Billions needed to purchase island. by Anonymous Coward · · Score: 0

      Now if only we could figure out where to get the billion or two that it would cost to buy such a place.

      You mean you already have the asteroid to hand?

    11. Re:Billions needed to purchase island. by meringuoid · · Score: 1

      You might want to have a word with the Sultan of Kinakuta about that idea.

      --
      Real Daleks don't climb stairs - they level the building.
    12. Re:Billions needed to purchase island. by Tuoqui · · Score: 1

      As much as I like the idea it would be doomed to failure.

      1) You cannot have freedom without responsibility. In the wild you have freedom to eat whatever you want but the responsibility is that you only eat stuff that you know isnt gonna kill you. The same applies to society. A society needs responsibility in the form of taxes in order to help pay for community resources such as roads, internet infrastructure, etc... Although I suspect without a huge government to piss it away to their buddies in contracts the taxes could be much more reasonable like 10% of income or something.

      2) Any society needs some laws. I hate to say it but the Bible got at least a few of them right. No Killing, No Stealing, No Lying (False Witness). Ironic that the plethora of laws we use today are some variation on these 3 commandments.

      Everything else is pretty good to me though.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
  10. Re:Hurray? by Anonymous Coward · · Score: 2, Interesting

    Did they ever come through with that actually?
    They were going on about it, then asked to prove it and did they?
    Or did they just use their usual FUD spreading to try scare the companies considering it?

  11. Post paypal donate links with these stuff by unity100 · · Score: 2, Informative

    so we can contribute quickly.

  12. This is Good News by harlequinade · · Score: 1

    If all they achieve is to get SCO to STFU and p*** off, they will have rendered the Linux world a great service.

    --
    Help feed homeless animals - Free! www.theanimalrescuesite.com
    1. Re:This is Good News by LingNoi · · Score: 1, Informative

      SCO was about copyright, not patents.

    2. Re:This is Good News by Anonymous Coward · · Score: 0

      ready big boy

  13. Re:Hurray? by morgan_greywolf · · Score: 1

    But they were essentially functioning like a patent troll and, in fact, Darl McBride's resume included stints at several known patent troll companies.

  14. Re:Hurray? by Thinboy00 · · Score: 1, Informative

    IIRC, M$ was funding $C0, which kind of makes the grand-parent wrong... and the great-grand-parent poorly worded.

    --
    $ make available
  15. Re:Hurray? by Tubal-Cain · · Score: 1

    MS's funding of SCO didn't stop them from making their own claim.

  16. Re:Hurray? by ChrisMP1 · · Score: 4, Funny

    Methink$ y0u are having pr0blem$ with y0ur key mapping$. Y0u can rea$$ign key$ with xm0dmap, 0r try 0ther keyb0ard lay0ut$.

    --
    <sig>&nbsp;</sig>
  17. Re:Hurray? by Anonymous Coward · · Score: 1, Interesting

    As of late I think it is things like the Apple multi touch patents and all the other shit they keep patenting is what needs to be fought against.

  18. Re:Hurray? by tuxgeek · · Score: 1

    Microsoft did spew FUD over patent infringement.
    They were subsequently called on their claims by the FSF and others, to sue us or shut up.

    For them it's easier to blather propaganda than to prove their claims and potentially get caught with patents on prior art, or much worse, caught infringing somebody else's patent in their products.
    So far they have chosen to shut up for now.

    --
    "Suppose you were an idiot...and suppose you were a member of Congress...but I repeat myself." Mark Twain
  19. Yes to both questions by Yfrwlf · · Score: 1

    It will unfortunately probably help do the job which should be done correctly to begin with by the patent office, however instead of fixing a system which should not exist, effort and money should be put into getting rid of patents.

    --
    Promote true freedom - support standards and interoperability.
  20. Re:Hurray? by Tuoqui · · Score: 1

    I think they got the number 235 infringing patents by the old throwing darts method.

    --
    09F911029D74E35BD84156C5635688C0
    +2 Troll is Slashdot's way of saying groupthink is confused
  21. Re:Hurray? by thaWhat · · Score: 1

    I guess that they'd better get rid of C:\WINNT\system32\drivers\etc\ first.

    C:\>

    --
    If all you have is a hammer, everything looks like a thumb.
  22. Re:Hurray? by Anonymous Coward · · Score: 0

    Except the maximum dart score is 180. You need a minimum of 5 darts to make 235. (3xTriple 20, Triple 18, One - for one example).

  23. Never doubt a small group... by quaero_notitia · · Score: 1

    "Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that ever has."
        -- Margaret Mead

    Seem's fitting, your other option is to suck it up.

    --
    -- Wondering how long until the internet becomes fully corporatist, like television.
  24. Re:Hurray? by Tuoqui · · Score: 1

    I didnt say they werent also cheating at darts as well.

    --
    09F911029D74E35BD84156C5635688C0
    +2 Troll is Slashdot's way of saying groupthink is confused
  25. Re:Hurray? by Anonymous Coward · · Score: 0

    And as it turns out, they didn't have any of either and now in addition don't have any money. Couldn't happen to a nicer bunch of people.

    (yes, I know they have copyrights in some of their own crap, but since nobody actually wants any of that stuff...)