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Champerty and Other Common Law We Could Use Today

pevans writes "Over on Red Hat's Opensource.com I found this neat summary of a few old laws that could really help us today with the patent trolls. The article 'What's wrong with champerty?' is brief, but full of legal goodness that seems to have fallen by the wayside: 'Let's bring back barratry, maintenance, and champerty for patent lawsuits. Combine that with a limitation on the assignment of patents and a lot of patent trolls would be out of business. ...do patents have to be freely assignable? And why can't we prohibit a cause of action for patent infringement where there is no net gain to society?"

2 of 158 comments (clear)

  1. The patent system exists for aiding innovation by Anonymous Coward · · Score: 5, Insightful

    The patent system is for one thing only. To aid innovation.

    If the patent system doesn't aid innovation it fails its own raison d'être.
    If a part of the patent system doesn't aid innovation that part fails and should be removed.

  2. Lets not pussyfoot around by Anonymous Coward · · Score: 5, Insightful

    Patents and copyrights are both immoral protection rackets designed to hide information and make the rich richer. They stall human progress rather than help it. They will inevitably be removed. The only question is: How long will we wait?