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"Fair Trolls" To Fight Patents With Patents

Posted by kdawson on from the living-above-the-bridge dept.

FlorianMueller writes "Can a patent troll ever be fair? Yes. The primary concern over the upcoming Defensive Patent License — a GPL-like non-aggression pact for patents — is that it might be too defensive to have the desired impact. But actually the DPL could grow very big if one or more 'Fair Trolls' are brought to life and enforce patents against companies that don't support the DPL. The 'Fair Trolls' would commit to the DPL's terms, so they would have to leave other DPL backers alone. In exchange for this, the community would gladly feed them with patentable ideas (financial rewards for contributors included). Over time, staying outside the DPL alliance would become a costly choice for companies whose products might infringe patents. The bigger the DPL pool gets, the more valuable it becomes to its members. The more aggressive the Fair Trolls are, the better for the cause."

12 of 113 comments (clear)

  1. Problem by DoofusOfDeath · · Score: 2, Insightful

    This assumes that those with vested interests in for-profit patent prosecution can't get the laws changed.

    There are some great things about this planet, but I'm occasionally stunned by the filth and villainy of some of its residents.

    1. Re:Problem by Tekfactory · · Score: 3, Insightful

      In what way could for-profit patent holders get the laws changed such that not-for-profit patent holders can't use the same laws to bully them back?

      Many of the for-profit patent holders that actually make things besides patents have a vested interest in keeping the system of offense and defense balanced.

      For example if patent offense is too powered some no-name entity or shell corporation (SCO) could bring huge suits against IBM and win. IBM wouldn't like that. If patent defense were too strong IBM couldn't use its huge arsenal of patents against its competitors.

      So there are some reasonably powerful entities out there that will do the right thing (not screw with patent law) out of self interest. IBM, Apple, Google, Microsoft will outspend any Patent Troll out there to maintain the current balance of terror.

  2. I'm fairly sure... by fuzzyfuzzyfungus · · Score: 2, Insightful

    That this is the plot to "Colossus: The Forbin Project"; but with lawyers instead of ICBMs...

    1. Re:I'm fairly sure... by somersault · · Score: 1, Insightful

      Could you at least put some kind of spoiler alert before waving your geek-penis around?

      --
      which is totally what she said
  3. There is no such thing as a fair.... by 3seas · · Score: 3, Insightful

    ...software patent. So there can't be a thing called a fair patent troll regarding software.
    Maybe on non software patents.

    All software patents are acts of fraud and public deception.

    Software is not of patentable matter

    1. Re:There is no such thing as a fair.... by Sir_Lewk · · Score: 3, Insightful

      The existence of MPEG-LA demonstrates that under the current official interpretation of the law, software patents do exist.

      However, the existence of MPEG-LA does not demonstrate that software patents should exist under a reasonable interpretatoin of the law.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    2. Re:There is no such thing as a fair.... by h4rr4r · · Score: 2, Insightful

      I never suggested it did. I only meant to bring up the fact that the grandparent was living in a dream world.

  4. No effect on NPE's by micheas · · Score: 4, Insightful

    The big rewards lately have gone to Non-practicing entities. Those with no products. AKA Patent Trolls.

    This provides no relief against someone that has no products.

    --
    Work bio at MMWD
  5. Yeah..... by HeckRuler · · Score: 2, Insightful

    No matter how good the intentions may be here, I just can't see how this system could wind up as a force of good. You want some sort of benevolent dictator wielding the axe of patent infringement over the heads of everyone as some sort of deterrence system. That seems ripe for abuse. A good system has no head to cut off and no central authority to be corrupted.

    Even at it's best, it's still sort of a colluding of the powers that be.

  6. Re:No such thing as a fair gun by spun · · Score: 3, Insightful

    Um, yeah, see, the thing is: your method has not worked. Demonstrably has not worked. So I'm ready to try something new, you go on doing what hasn't worked. Or did I miss something, and software patents are no longer an issue?

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  7. IP law needs to be rewritten by syousef · · Score: 2, Insightful

    The big rewards lately have gone to Non-practicing entities. Those with no products. AKA Patent Trolls.

    Which is why IP law - not just patent law but also copyright (though possibly not trademark) needs to be completely rethought. Bandaid solutions aren't going to work for a system that sees the original inventor or creator of a work not rewarded AND others seeking to create or invent thwarted. The current system is madness and guarantees stagnation and corruption. This is the opposite to the stated goal of such law for the whole of society and the only ones seeking to uphold it and ever increase draconian punishments for failing to comply are profiteers who belong on the B ark.

    --
    These posts express my own personal views, not those of my employer
  8. Re:that's like sucking dick with dick by Anonymous Coward · · Score: 2, Insightful

    Sir, are you retarded? Probably by judging this thread you're in...

    It's not like we're voting here whether we should have software patents, WE ALREADY DO! What this venture is all about is trying to to abolish that very rotten system...

    Some people just amaze me with their stupidity. Daily.
    (Here it would be the parent poster and whoever modded it up.)