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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?"

2 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?