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LinuxDefenders.org Launches To Fight Patent Trolls

Posted by kdawson on from the avant-and-avast dept.

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?"

4 of 73 comments (clear)

  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?

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    1. 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?

  2. 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.

  3. 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?