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Beware the King of the Patent Trolls

superapecommando writes "If you haven't heard of Intellectual Ventures, you may want to check this out. Set up by ex-Microsoftie Nathan Myhrvold, with investments from Microsoft among others, it is basically a patenting machine – filing and buying them in huge quantities. Note that it doesn't actually use these patents – except to threaten people with. In other words, Intellectual Ventures is a patent troll – or, rather the King of the Patent Trolls. So I was interested to come across this extremely positive blog post on the company. That it is so positive is hardly surprising, since the blog is called 'Tangible IP,' and subtitled 'ipVA's blog on adding value through intellectual property.' Nonetheless, it provides valuable insights into the mindset of fans of intellectual monopolies. Here's what it says about Intellectual Ventures: 'They are an invention house, and have adopted and reinvented leading edge patent strategies to create a portfolio of their own IP which, in its own, would be of high high worth.' They don't invent anything in the proper, deep sense of the word; they merely file and buy patents – with no intent of ever making stuff or solving real-life problems."

11 of 286 comments (clear)

  1. You will do by Anonymous Coward · · Score: 5, Funny

    Excellent first sentence, really gets that article off to an awesome start.

  2. Re:You will do! by spun · · Score: 4, Funny

    No, it's saying that if you haven't heard of them, you are acceptable. "You will do, Pig, you will do."

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  3. Re:devil's advocate by spun · · Score: 4, Insightful

    There's a middle ground between 'every idea or work of art is free' and 'we've patented inspirating oxygenated air through an orifice, now pay up.' And no, it is NOT how capitalism works, it is how government granted monopolies work, that's about as far from real capitalism as you can get. As intellectual property is imaginary, made up by people using legislation, not the free market, for OUR benefit, not the inventor's, WE get to decide what's acceptable and what's not.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  4. They are why "Magic Cap" is dead. by DdJ · · Score: 5, Informative

    I don't know if anyone else around here remembers the state of slate/pen computing in the mid-to-late 90s, but there used to be a company called "General Magic" that made a touch-based graphical operating system for handhelds named "Magic Cap".

    As the company kinda fell apart, there was an effort by some of the developers to open source it. But their intellectual property had been sold to Intellectual Ventures, because of some agent technology their stuff included. (Basically, imagine setting up a search on the handheld, and then briefly connecting to the internet to let your "search agent" run around inside a cloud, analyzing data and performing calculations. Then you reconnect and your agent comes back to you and presents the stuff on your handheld.)

    Intellectual Ventures never really wanted most of the Magic Cap stuff. But they've made it so difficult to disentangle that the developers eventually gave up. Here's a writeup from one of the people involved.

    http://joshcarter.com/magic_cap/faqs/the_future_of_magic_cap

    General Magic made a graphical OS designed for handheld touch-based use, not based on a port of a desktop OS. And the people who built it tried to open-soruce it, but were blocked by Intellectual Ventures. If things had worked out differently, we might have had some really interesting work going on in the slate area long before the advent of the iPad.

    (Heck. I'd love to run MagicCap on an iPad. It's the perfect hardware platform for it. I have three MagicCap devices myself.)

  5. Re:IP is all we have left. by MaskedSlacker · · Score: 5, Informative

    WARNING

    Parent post filled with misinformed bullshit.

    The US remains the leading manufacturer in the world by value: http://en.wikipedia.org/wiki/US_Economy#Manufacturing

  6. Re:Holy Summary Typo by schmidt349 · · Score: 4, Informative

    I hate idiot grammar trolls who don't understand that International English sometimes works differently from the American dialect. It's confusing to many English speakers from outside the US to use a naked modal verb without an auxiliary, and thus they use expressions like "I can do" or "I might do" rather than "I can" or "I might." In these cases "do" marks the absence of a true auxiliary. It's by no means ungrammatical or even unusual syntax.

  7. Re:devil's advocate by oldspewey · · Score: 4, Insightful

    How about something more along the lines of:

    If I invent something, I should be free to parlay that IP into as much profit as I want to, through whatever means suit me (including selling to an IP house), within some reasonable timeframe.

    Similarly, if I buy somebody else's invention (as an IP house), I should have the ability to control that IP to protect my investment for some reasonable period of time, and so long as I can prove I am actively working to realize value from that IP and I'm not just sitting on it in order to stifle innovation.

    Better?

    --
    If libertarians are so opposed to effective government, why don't they all move to Somalia?
  8. Re:jebus' advocate by ircmaxell · · Score: 4, Insightful

    The question I have is how many of these things are down to earth inventions, and how many are just academic ideas that they just decided to patent? When I say academic idea, I mean something along the lines of "Hrm, an observer model would be good for notifying an application about a change in a sensor". Even if nobody had done it before, does that make it an invention that should be patentable? And what about the delineation between method and implementation? You can increase the power band of a car engine by using variable valve timing. Should that in and of itself be patentable? What about the specific method that uses oil under pressure to laterally move the camshaft along a threaded "valley" to alter the timing (Basically Honda's V-Tech)? One is an idea/concept, and the other is an implementation. IMHO, an idea is useless without a specific implementation, and ideas should not be patentable. The problem with this, is that most of the software patents I've seen patent the idea, not the implementation. Now sure, with software the line between idea and implementation is much finer, but that's more of an argument towards the patent-ability of software in general, not what constitutes an implementation...

    --
    If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
  9. The only way he knows to make money is evil? by Anonymous Coward · · Score: 4, Insightful

    Nathan Myhrvold is a friend of Bill Gates. They wrote a book together, The Road Ahead.

    It seems to me that abusiveness is their business. They feel they have to be against something to make money. They scrupulously avoid doing something positive.

    The book was an example of that. It was amazing. It seemed as though several editors went through the book carefully and removed any information that might be of interest. I say that because I don't think anyone could write a rough draft of such a long book that was entirely free of anything useful.

  10. Re:IP is all we have left. by Magnus+Pym · · Score: 5, Informative

    These numbers are bogus. They include products made abroad by nominally American companies. All the cars produced by GM in China are counted as part of this. If you remove the offshore production, the GDP and manufacturing has been in decline for more than a decade. This has been exposed multiple times in the business press. BusinessWeek had an excellent article on this about a year back.

  11. No soul required. by Anachragnome · · Score: 4, Interesting

    The main requirement for entering this business--inventing things--is a complete lack of a soul (or conscience, if you'd rather).

    It is pure greed and power mongering the way things stand and in the end the result is LESS innovation.

    When I was 20, I used to do Q/A for a company that made lancets (a device to prick the skin to draw a drop of blood for analysis, usually blood sugar levels). One day I realized that there was a better way. The device I was inspecting daily had over 30 parts and ended up costing the retail customer around $35. They still had to purchase disposable tips that were one-use only and had to be safely discarded so as not to infect others.

    In less then a week I had a flawlessly-working prototype of a disposable, single-use device that not only was sterile (didn't rely on packaging to achieve), but also cost less then $.10 to make and had ONE moving part (for a total of three parts in its entirety) and was completely safe to simply throw away (the needle that did the actual pricking was drawn back inside the case after it did it's thing), making it particularly attractive to hospitals.

    I tried to shop the idea to my employer who seemed totally unimpressed and never brought it up again. I then tried to shop it to Becton-Dickenson (the worlds largest maker of syringes) and was pretty much told they didn't accept submissions from outside their own R/D dept.

    A few months ago my mother hands me one. The device I designed. It turns out the doctor she saw that day had used it on her and she decided to keep it and show it to me. It was essentially my design with the sterility factor removed. They relied on the packaging to keep the device sterile until used.

    After some research, it turns out that not only did my ex-employer have his name on the patent for it, but also the guy I spoke to on the phone at Becton-Dickinson. They had somehow both found out the other knew about the idea, waited 7 years to patent (since I did not patent it in that time) then simply co-submitted the patent, then went into production. They sell it to this day.

    In short, they could have written me a check for $5k (I was hurting for tuition back then and could REALLY have used it), had full rights to the idea and not had to wait 7 years. Instead, they CHOSE to simply fuck me over. Nice guys.

    Now, I ask you slash-dotters, what fucking incentive do I have to EVER bother trying my hand at inventing again? The knowledge that my idea at least made it to people that can use it?