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Government Lawyer Says Patent Trolls Are a 'Concern'
New submitter gale the simple writes "While it is fairly common for the jaded and cynical to ride on the lawyers these days (often including Henry VI's famous line about them), every now and then we can see that they are not always the plague and scourge of the earth. EFF again shows that even lawyers can do good in this world. (PDF) All jokes aside, something seems to have moved. Maybe all that bloodletting between the major corporations (Apple vs Samsung) made the leaders recognize that MAD world of patents might not be very stable."
From the EFF: "The Congressional Research Service (CRS), the research division of Congress known for its objective studies, recently released a report on the effects of patent trolls on innovation and the economy. ... According to the CRS report, 'The vast majority of defendants settle because patent litigation is risky, disruptive, and expensive, regardless of the merits; and many [patent trolls] set royalty demands strategically well below litigation costs to make the business decision to settle an obvious one.' Businesses lose both time and money, and innovation suffers."
I think the other key to MAD is that the barriers of entry are very high, so only those with a lot to lose get to play the game.
If you're already the ruler of Elbonia and you have gold-plated toilets, then do you really want to start shooting nukes at the USA?
The problem with patents is that anybody can get one of those trivial ones without building anything. If I have $10k to my name and can afford a $35 filing fee at the courthouse, and I get a patent for phones with microphones in them, why wouldn't I take a shot at the lottery?
The other key to mad is the "assured destruction" bit - as in fire it and you're GUARANTEED to be toast. Google and Apple are still in business, the last time I checked. They have a lot to lose, but don't think that the threat of actually losing it all is credible.