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?"

Comments

"hopeless community effort", I'm afraid

[alain94040]

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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Re:"hopeless community effort", I'm afraid

[falconwolf]

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

That's already patented.

Falcon

Re:"hopeless community effort", I'm afraid

[Anonymous Coward]

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.

Re:"hopeless community effort", I'm afraid

[Jurily]

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

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

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

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

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

Re:"hopeless community effort", I'm afraid

[Jurily]

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?

Didn't read the summary

[77Punker]

Hope this turns out better than Windows Defender!

Why linux?

[Dyinobal]

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.

Re:Hurray?

[larry bagina]

Microsoft.

Great... help the patent trolls to get stronger

[Ed Avis]

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

Re:Great... help the patent trolls to get stronger

[mercutioviz]

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.

Re:Billions needed to purchase island.

[Computershack]

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

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

Re:Hurray?

[ChrisMP1]

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