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Meet the Lawyer Suing Anyone Who Uses SSL

Sparrowvsrevolution writes "Since 2008, Dallas, Texas attorney Erich Spangenberg and his company TQP have been launching suits against hundreds of firms, claiming that merely by using SSL, they've violated a patent TQP acquired in 2006. Nevermind that the patent was actually filed in 1989, long before the World Wide Web was even invented. So far Spangenberg's targets have included Apple, Google, Intel, Dell, Hewlett-Packard, every major bank and credit card company, and scores of web startups and online retailers, practically anyone who encrypts pages of a web sites to protect users' privacy. And while most of those lawsuits are ongoing, many companies have already settled with TQP rather than take the case to trial, including Apple, Amazon, Dell, and Exxon Mobil. The patent has expired now, but Spangenberg can continue to sue users of SSL for six more years and seems determined to do so as much as possible. 'When the government grants you the right to a patent, they grant you the right to exclude others from using it,' says Spangenberg. 'I don't understand why just because [SSL is] prevalent, it should be free.'"

347 comments

  1. So by Ultra64 · · Score: 5, Interesting

    Who's up for forming a lynch mob?

    1. Re:So by pla · · Score: 5, Funny

      Who's up for forming a lynch mob?

      I'll bring the torches if you bring the pitchforks...

    2. Re:So by BSAtHome · · Score: 2

      Although I am on the other side of the pond, I'd gladly send you rope and bashing articles.

      Please be sure that the target digs a hole deep enough beforehand. You wouldn't want the worms to come crawling up and arrange for a whack-a-mole session.

    3. Re:So by mSparks43 · · Score: 4, Insightful

      What's the point?

      Its a patent for a symmetric key algorithm done in hardware.

      Just tell them you'll see them in court.

    4. Re:So by camperdave · · Score: 5, Insightful

      Who's up for forming a lynch mob?

      Depends. Who are you going to lynch? The scumbag lawyer? The patent official(s) who granted this patent? The politicians who have been dragging their feet on patent reform? I mean, are we out to change the system, or just to vent on a shrewd individual who is exploiting it?

      --
      When our name is on the back of your car, we're behind you all the way!
    5. Re:So by Anonymous Coward · · Score: 0

      I'm an aging pro-choice lib-tard who's against the death penalty and who voted to re-elect the current US President. With that bias on the table, I want to say that in general people should not take such drastic actions upon themselves. Really. It's not a good idea. Slippery slope, bad precedent, etc.

      On the other hand, anybody who pulls this sort of dipshitishness should not be surprised to wake up one morning a few inches taller with a free jute necklace donated by his fellow citizens. With the exception of the loss of some otherwise good rope, it's hard to claim a down side.

      So, yeah, er, no. Probably no.

    6. Re:So by Anonymous Coward · · Score: 5, Funny

      Yes.

    7. Re:So by Anonymous Coward · · Score: 0

      Count me in

    8. Re:So by Anonymous Coward · · Score: 0

      Better idea

      Drown the goat-roper in paperwork bankrupting him and his company with legal expenses.

    9. Re:So by gman003 · · Score: 5, Funny

      How about "all of the above"?

    10. Re:So by jd2112 · · Score: 3, Interesting

      Who's up for forming a lynch mob?

      Depends. Who are you going to lynch? The scumbag lawyer? The patent official(s) who granted this patent? The politicians who have been dragging their feet on patent reform? I mean, are we out to change the system, or just to vent on a shrewd individual who is exploiting it?

      Note to self: Invest in companies that make rope.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    11. Re:So by servies · · Score: 2

      All of them?

    12. Re:So by Anonymous Coward · · Score: 1

      Depends. Who are you going to lynch? The scumbag lawyer? The patent official(s) who granted this patent? The politicians who have been dragging their feet on patent reform? I mean, are we out to change the system, or just to vent on a shrewd individual who is exploiting it?

      All of the above sounds pretty good to me.

    13. Re:So by Anonymous Coward · · Score: 0

      He's the root cause of the problem, but the others need to go too.

    14. Re:So by cvtan · · Score: 1

      OR: Where are the drones when you need them?

      --
      Sorry, but gray text on gray background is making my eyes bleed.
    15. Re:So by Pieroxy · · Score: 4, Insightful

      What's the point?

      Its a patent for a symmetric key algorithm done in hardware.

      Just tell them you'll see them in court.

      That's if you can afford to go to court. They may be asking very reasonable fees to make the ROI of such a case overly in favor of settling. By going to court you would have to advance large amounts of money where settling might be cheaper. So even if you win the lawsuit, you might end up losing money in the end.

      Of course, you'd have done "the right thing" (patent pending) but who cares in the 21st century?

    16. Re:So by Lithdren · · Score: 2

      Depends. Who are you going to lynch? The scumbag lawyer? The patent official(s) who granted this patent? The politicians who have been dragging their feet on patent reform?

      Yes

    17. Re:So by Anonymous Coward · · Score: 0

      politicians who have been dragging their feet on patent reform

      Are you kidding me? The politicians CREATED the patent system. They are the ones who hold the keys -- NOT the lobbyists who come to them with bribes. The final decision is made by the business of government, for the business of government.

      If the business of government -- and the elite who run it -- didn't benefit from an absurdly complex, unjust, and exploitable patent system, then it wouldn't exist.

    18. Re:So by Anonymous Coward · · Score: 5, Funny

      Note to self: Patent rope.

    19. Re:So by ganjadude · · Score: 0

      you never know if that baby is gonna be the next hitler, better to knock it off before it has the chance, At least thats how I assume they think

      --
      have you seen my sig? there are many others like it but none that are the same
    20. Re:So by gman003 · · Score: 4, Funny

      Actually, wait a second. Lynching all "the politicians who have been dragging their feet on patent reform" is a revolution, not a lynch mob.

      The motion has been made to transition this lynch mob to a revolution. Does anyone second the motion?

    21. Re:So by Anonymous Coward · · Score: 0

      Or, going back a few memes, "Where's my rocket launcher?"

    22. Re:So by swalve · · Score: 4, Insightful

      And acorns are oak trees. Imprison all women who have had miscarriages!

    23. Re:So by tibit · · Score: 2, Informative

      The problem is that in many cases we don't know if they even are the murderers and the rapists. You'd be amazed how many innocent people get sentenced to life in prison. You'd be also amazed to know that many forensic examiner positions have, effectively, no requirements.

      --
      A successful API design takes a mixture of software design and pedagogy.
    24. Re:So by X0563511 · · Score: 3, Insightful

      Aye!

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    25. Re:So by gman003 · · Score: 1

      Motion has been seconded, putting the motion to vote.

      All in favor of revolution, say 'aye'. All opposed, 'nay'.

    26. Re:So by Anonymous Coward · · Score: 0

      they only created it because of the lobbyists, so...

    27. Re:So by AK+Marc · · Score: 1

      Too many executed people turned out to be innocent of the crime they were accused of. And "unborn babies" aren't killed, just parasitic cysts removed. Do you cut your hair? Murderer.

    28. Re:So by CuteSteveJobs · · Score: 5, Interesting

      > So even if you win the lawsuit, you might end up losing money in the end.

      Try definitely. In the US your legal fees usually aren't reimbursed, so you will be out of pocket $3-5M *EVEN IF YOU WIN*. Kiss that money goodbye. Under UK rules the winner does get their legal fees reimbursed, but lawyers charge a lot more than that amount so you will still be out of pocket for say half that amount.

      As soon as someone sues you for patent violation - even if their suit is a sham - you're a few million out of pocket. In theory the judge should throw out sham suits, but judges in patent troll counties are a different breed.

    29. Re:So by Anonymous Coward · · Score: 0

      aye

    30. Re:So by Hoi+Polloi · · Score: 3, Insightful

      Plus they still let them request the venue which always ends up in a region in east Texas that seems to populated solely by patent lawyers.

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    31. Re:So by Chas · · Score: 1

      I've got the tar. But I'm out of feathers and low on pitch.
      Any help here would be appreciated!

      --


      Chas - The one, the only.
      THANK GOD!!!
    32. Re:So by Hoi+Polloi · · Score: 1

      "Exploiting it", "extortion", same difference.

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    33. Re:So by Sulphur · · Score: 4, Informative

      That's if you can afford to go to court.

      That's like trying to shove melted butter up a wildcat's ass with a hot poker, but you are welcome to try.

    34. Re:So by rtfa-troll · · Score: 2

      Its a patent for a symmetric key algorithm done in hardware.

      No it isn't. You have to read the entire first claim to understand the patent (the second claim is mostly irrelevant since it is "dependent" so is only triggered if you are already caught by the first claim; it's mostly there as a defence against future prior art which defeats the first claim).

      1. A method for transmitting data comprising a sequence of blocks in encrypted form over a communication link from a transmitter to a receiver comprising, in combination, the steps of:

      • providing a seed value to both said transmitter and receiver,
      • generating a first sequence of pseudo-random key values based on said seed value at said transmitter, each new key value in said sequence being produced at a time dependent upon a predetermined characteristic of the data being transmitted over said link,
      • encrypting the data sent over said link at said transmitter in accordance with said first sequence,
      • generating a second sequence of pseudo-random key values based on said seed value at said receiver, each new key value in said sequence being produced at a time dependent upon said predetermined characteristic of said data transmitted over said link such that said first and second sequences are identical to one another a new one of said key values in said first and second sequences being produced each time a predetermined number of said blocks are transmitted over said link, and
      • decrypting the data sent over said link at said receiver in accordance with said second sequence.

      N.B. My formatting doesn't exactly match the original claim.

      Basically it's using a shared secret to create a sequence of different pseudo-random encryption keys that can then be used by any form of encryption system.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    35. Re:So by RyuuzakiTetsuya · · Score: 1

      Torches were patented by the Rand Corporation in the 80's.

      Zippos?

      --
      Non impediti ratione cogitationus.
    36. Re:So by davydagger · · Score: 1

      I got the feathers

    37. Re:So by davydagger · · Score: 1

      all of the above.

    38. Re:So by Anonymous Coward · · Score: 0

      Actually, wait a second. Lynching all "the politicians who have been dragging their feet on patent reform" is a revolt , not a lynch mob.

      The motion has been made to transition this lynch mob to a revolt. Does anyone second the motion?

      FTFY ... and nay! ... motion in favor of a revolution to the patent system ?

    39. Re:So by Anonymous Coward · · Score: 5, Funny

      Method and Device for Passing Extrajudicial Punishment

      1) .. entailing
      a) identifying and selecting a plurality of subjects
      b) selecting a plurality of suitable vertical objects
      c) fixating subjects (a) on objects (b) by means of rope until full termination of respiration

      2) Method described in (1), where objects are lamp posts
      3) Method described in (1), where objects are trees
      4) Method described in (1), where subjects are politicians
      5) Method described in (1), where subjects are lawyers
      6) Method described in (5), where lawyers deal predominantly with patent issues ...

    40. Re:So by Anonymous Coward · · Score: 0

      Torches were patented by the Rand Corporation in the 80's.

      Damn!

      Zippos?

      I've got some matches...

    41. Re:So by Anonymous Coward · · Score: 0

      Aye

    42. Re:So by Anonymous Coward · · Score: 0

      So someone has an economic advantage you disagree with and you advocate murder? Who are you? Big Oil? Big Pharm? De Beers?

      For shame you disgusting animal.

    43. Re:So by morgauxo · · Score: 1

      Zippos(tm)? TFTFY

    44. Re:So by erroneus · · Score: 1

      Position: atheist, pro-choice, anti-death penalty (with exceptions)

      I have a hard time with the idea of abortion. I don't see "parasite" most of the time. I see "baby" and I love babies. That said, I am troubled by the notion of abortion because of what it means to society and the human race. My rational side says "unwanted children" are a problem for society at large and for society's development and future and it respresents a burden and even a threat to everyone. The quality of life for everyone is on the table in every case. But I think it's not my place to make the decision to add to the pool of unwanted and unsupported/undersupported children in the world.

      On the other hand, I get a rather sick feeling at the idea of abortion. I have actually been close to the issue once before and while I believe the choice which was made was rational, it didn't stop the illness... it still doesn't.

      For example, I have a son who, like myself, have "social adjustment challenges" due to some level of autistic spectrum disorder. It has taken my whole life to the present to manage the challenges associated with it. (My first two sons are just fine though... one is quite the social butterfly... very alien to me.) In theory, my rational side would say "kill him." If I had known before he was born that he would have these challenges, I would have been faced with the question of whether or not to abort because his life would be at least as hard as my own has been. I do not want that kind of suffering for any human being. On the other hand, I love my son deeply. At times, he is the only reason I can raise a smile on some days. Also, because of my experience and special understanding of what he is going through, I am uniquely capable of helping and advising him through adjusting for his own problems. So you see my problem. The rational/logical versus the emotional and this doesn't even address how my wife would have felt not understanding what's going on in the deepest sense.

      Thankfully, I didn't know in advance and wasn't troubled with the horrible question. All three sons have well above average intelligence. I would say they got it from me, but I am not quite so certain that my intelligence is so far above average... I used to think so, but not so much lately. (My sons, in many ways are smarter than I was/am.) And life without any one or plurality of them is simply unimaginable. Some issues are a matter for individual exploration and determination. There is no cookie-cutter policy that should or could work when it comes to this. It's a painful decision to make either way. Government has no place in it other than to protect and guarantee the right to make such choices individually.

      On the other hand, I have definitely had some experience with being falsely accused and convicted. Okay, not exactly convicted, but damned close. It simply ruins lives even when there is no conviction. The process of being accused is damaging enough!! It is outside of my experience to actually be convicted of something which was not done. But I am quite certain the problems only get worse for people whose lives have been harmed in this way.

      So "death penalty" is something which I would hope to avoid whenever and wherever possible. It should be allowed, however, in cases which are ridiculously certain and obvious. And it is especially true in instances where people have admitted to having done it and are not sorry for it. As a society, we can't afford to support those people within the system or within society. It doesn't make sense. And to simply prolong the life of misery in prison? Sorry, but I can't fathom it. Even if they were to be released later, a conviction is a life sentence. Whole aspects and opportunities of life are simply removed. What can one hope for in life after that? Just survival? Never being able to rise above certain levels in life? "Better off dead" sometimes occurs in my mind when I consider these things.

      So yeah. On the surface, it might seem weird to be pro-choice and anti-death penalty. But these are no simple matters.

    45. Re:So by Anonymous Coward · · Score: 0

      ay!

    46. Re:So by jekewa · · Score: 2

      Wait a second...in light of Google's recent patent award of guilt by association, does this mean that as /.ers we're all guilty of conspiracy to incite a revolution (I mean, I'm no lawyer, but that sounds like it could be a crime).

      Oh, wait, that shouldn't be a crime...at least not according to Thomas Jefferson.

      --
      End the FUD
    47. Re:So by SuperSlacker64 · · Score: 1

      Perhaps a Slashdot poll is in order?

    48. Re:So by Anonymous Coward · · Score: 0

      So when a politician takes a bribe, you don't blame the politician, but instead blame the guy with the money? Don't bother trying to explain the logic behind that.

    49. Re:So by rewarp · · Score: 1

      I am willing to donate to this cause, despite being umemployed.

      --
      In adding a sig, for no other reason, than for aesthetics.
    50. Re:So by Anonymous Coward · · Score: 5, Funny

      I've got the tar.

      I've got the .gz!

    51. Re:So by Obfuscant · · Score: 2

      Use a TCXO and you'll never be low on pitch. And if you are, then you can just autotune yourself back to perfection.

    52. Re:So by Anonymous Coward · · Score: 0

      No - it means that when the revolution gets over-suppressed,
      google will sue the government for patent infringment and win billions in the form of illegal wiretap contracts and tax deductions.

    53. Re:So by Anonymous Coward · · Score: 0

      I'm not sure about the parent poster ...but provided we actually gave adequate legal resources for people to defend themselves, and the cops were not just out to frame anyone who looked good and they thought was guilty...well if one could assume the above then I'd be reasonably for the death-penalty.

      When we have prosecutors and the various states arguing that "it wasn't a problem your lawyer slept through substantial portions of your defense" or "no, we object to any DNA testing, since it wasn't done during the first trial. etc...

      When that kind of stuff is going on, and people like Todd Willingham were almost certainly put to death while being innocent of the crimes charged...
      http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann

      Well, yes, in those cases, I think the death-penalty is a problem.

      And that leaves out the issues over abortion you seem to ignore - so I'll just leave it there.

    54. Re:So by tnk1 · · Score: 2

      It's people like you who give patents a bad name.

      For that reason, people should use my patented method of revolution where piano wire is substituted for rope. I promise that my licensing fees are much more modest. I will also donate one dollar for every million I make to some charity having to do with children, pets or breasts.

    55. Re:So by detritus. · · Score: 2

      Call me a sadist, but I prefer bzip2.

    56. Re:So by gman003 · · Score: 4, Funny

      We're not inciting a revolution, we're organizing one. Big difference.

      Mainly, we have someone taking minutes.

    57. Re:So by Anonymous Coward · · Score: 0

      I mean, are we out to change the system, or just to vent on a shrewd individual who is exploiting it?

      If you had said greedy and unethical then you would have been correct.

    58. Re:So by Anonymous Coward · · Score: 0

      It wouldn't matter. This is a two-employee patent troll company, which probably has very little in the way of liquid assets.

      Even if they got their balls busted in court (fingers crossed), I can't imagine anyone would get properly reimbursed.

    59. Re:So by Anonymous Coward · · Score: 0

      If anything goes like the last time I was in court... It'd end up like this:

      • The judge admits the law is on my side
      • The judge says all the evidence refutes the defendant's testimony, and that the defendant is obviously lying under oath
      • 2 weeks later, I get a court order in the mail for THOUSANDS OF DOLLARS to send to the defendant, even though they were the ones being sued

      Court of Law is the place where reason doesn't exist, and the laws of the land don't apply.

    60. Re:So by Anonymous Coward · · Score: 0

      What do you think it takes to become a politician? That's right, money. Where does this money come from? That's right. That is why decisions are not really made by democracy, that is just the illusion to keep people in control. Real decisions come from the same place where the money comes from.

    61. Re:So by DBCubix · · Score: 1

      I patented pitchforks and torches. Here are some spoons instead...

      --
      I called it a mighty Sperm Whale, she called it Finding Nemo.
    62. Re:So by Anonymous Coward · · Score: 0

      Aside from the "soul" argument, which we will set aside here because you likely don't believe in anything like that, I'd probably say the GP post using the "parasitic cyst" terminology is one of the scarier aspects of abortion as a human rights issue.

      I'm not sure which view of that I find scarier, the idea that they are using that terminology to allow themselves to not view the child as a human and thus able to ignore the issues of its own rights as a human, or that they might actually believe what they are saying somehow. I certainly am disgusted with the thinking that taking some very general and undesirable aspects of pregnancy, and excluding the others is considered to be appropriate by people who would otherwise consider themselves "intelligent" or "progressive".

      To put it very clearly, while there is definitely a dependency on a mother by the child for it's survival and development, there is no other situation where we kill anything that is human because it represents even a major inconvenience to another person. Everyone is understanding when a woman wants to abort a rapist's baby (and that being itself a corner-case of most abortions), but if she found herself effortlessly holding a rope that was preventing her rapist himself from plummeting off the edge of a cliff, we'd probably charge her with a crime for purposely letting go (albeit with a great deal of understanding why she might do it). And I'd point out, in that situation, the rapist had actually done something to her, whereas the child was just the innocent product of that crime.

      Certainly, we do not let even extreme economic hardship of one person allow the death of another in order to alleviate the hardship on the other person. It certainly happens, particularly in revolutions and other extra-legal actions, but under a system of laws that are being enforced, it is not considered acceptable. When it does happen, such as when the Communists killed off the kulaks in the USSR, at the very least it is deplored by a great number of people despite the probably accurate reasoning that they might be impediments to orderly collectivization and social change.

      In the end, the problem is that for human rights to have meaning, you need to define who is human. If you state that you have human rights, but you get to decide who is actually "human" based on a legislative whim instead of some hard line like conception or birth, it erodes the foundation of human rights. It's a seductive argument because you don't see the children, and when you do, they look like little aliens. This makes it easier to view the emotional argument of pro-choice side from the angle of the female, who probably 95% or more of the time, made the choice to actually have sex, but got unlucky or did not use proper contraception.

      However, it's important, particularly for intelligent people who are interested in human rights, to recognize that half the arguments you hear are appeals to emotion in order to side with a female who is apparently being victimized by making her own choices of her own free will. They're good political arguments, because women are 51% of the voters, and also because women have had problems in the past with being forced into bad situations vs. childbirth and rearing. Nevertheless, there has to be a better way to aid the woman while saving the child. Although I have little hope that people will view this dispassionately at this time, it is my hope that in the future, we will see legalized abortion as barbarism that was only acceptable in the Dark Ages we live in today.
       

    63. Re:So by Teun · · Score: 1

      You mean your breasts are in need of support?

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    64. Re:So by The+Archon+V2.0 · · Score: 1

      My God man, I can't condone that, even if the victim is a patent troll. I'm a vigilante, not a monster!

    65. Re:So by Anonymous Coward · · Score: 0

      Motion has been seconded, putting the motion to vote.

      All in favor of revolution, say 'aye'. All opposed, 'nay'.

      Moleman: ...I said "Boo-Urns"

    66. Re:So by AK+Marc · · Score: 1

      I'm not sure which view of that I find scarier, the idea that they are using that terminology to allow themselves to not view the child as a human and thus able to ignore the issues of its own rights as a human, or that they might actually believe what they are saying somehow. I certainly am disgusted with the thinking that taking some very general and undesirable aspects of pregnancy, and excluding the others is considered to be appropriate by people who would otherwise consider themselves "intelligent" or "progressive".

      Shoud a sperm be given full rights as a "human"? How about an egg? If not, then you agree with me, and we are just haggling on where to draw the line in the middle of the gray.

    67. Re:So by bondsbw · · Score: 1

      There's a big difference between being killed by premeditated murder and a person dying due to cancer. Just because I happen to be next to my father/mother/child/etc. when they pass away from cancer, doesn't mean I should go to jail. But the murderer who gains comfort or pleasure for killing needs to be taken out of society and punished.

      It offends me personally that you make light of unwanted and unpreventable miscarriages, something that is so detrimental to mothers and families around the world. Abortion and miscarriage are in completely different leagues, whether or not you feel that abortion is wrong or should be legal.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    68. Re:So by AK+Marc · · Score: 1

      So "death penalty" is something which I would hope to avoid whenever and wherever possible. It should be allowed, however, in cases which are ridiculously certain and obvious. And it is especially true in instances where people have admitted to having done it and are not sorry for it. As a society, we can't afford to support those people within the system or within society. It doesn't make sense. And to simply prolong the life of misery in prison? Sorry, but I can't fathom it. Even if they were to be released later, a conviction is a life sentence. Whole aspects and opportunities of life are simply removed. What can one hope for in life after that? Just survival? Never being able to rise above certain levels in life? "Better off dead" sometimes occurs in my mind when I consider these things.

      When the "small government" group supports the death penalty, despite it costing more than life without parole, indicates to me that there isn't rational thought about it. A life sentence is a death sentence, we just have to wait longer. Death sentences are punishment, and nothing else. But is the "justice" system about justice, punishment, rehabilitation, or profit? Until that's answered, we can't start a meaningful conversation about how to best meet that need.

    69. Re:So by Threni · · Score: 1

      > Who are you going to lynch? The scumbag lawyer? The patent official(s) who granted this patent? The
      > politicians who have been dragging their feet on patent reform?

      We have to choose? :)

    70. Re:So by Sqweegee · · Score: 2

      So you're suggesting nuking east Texas would be a generally good idea?

    71. Re:So by Angeret · · Score: 1

      I bet they hurt more :)

    72. Re:So by Anonymous Coward · · Score: 0

      >That's like trying to shove melted butter up a wildcat's ass with a hot poker, but you are welcome to try.

      +5 Informative

      Only on Slashdot. A more discerning kind of crowd here, always
      pleased to have recent research in the feline field expounded
      in a succinct yet informative manner.

    73. Re:So by bzipitidoo · · Score: 1

      We who are pro-choice are not pro-abortion! We don't like it, but we recognize that it is better to have this option available, for all our sakes. Some women would risk death with a back alley abortion, or even kill themselves rather than go through with a pregnancy. Sometimes they don't have a choice because their own lives are on the line. Let's not force our women to such extremes. More than that, let's not put women even more at the mercy of abusive men. Women are physically weaker as is, and can have a rough time for that reason alone. The way some men act, it's as if it's no big deal if the wife dies in childbirth because he can always find another woman! Maybe in the 19th century that was a dastardly way of dumping the wife, since divorce was taboo. Keeps her pregnant, by rape if necessary, until the abuse and stress kills her off. Gets to keep the house and inherit that way too. Fobs everyone off with the excuse that it was God's will and life is tough, rather than take proper care of his woman. If that's not the kind of life you want for your daughters, then for God's sake keep abortion legal.

      No woman wants to go through with an abortion. The procedure is not fun, easy, and inconsequential. And it is it's own punishment from the sense of failing to have passed on your genes in at least one instance. There doesn't need to be any harsher punishment than that. Afterwards, she's going to be a bit messed up from the hormone whiplash, so to speak. Better to have never become pregnant in the first place. But life is too messy and harsh. You can't know in advance what will be. You can't cover every circumstance. Consider Trig Palin, who has Down's syndrome. Sure would be nice if Down's syndrome never happened, but that's not an option we have, not with current medical technology. However, we can detect Down's syndrome before birth, and many families choose to abort in that circumstance. Maybe the Palins can afford to raise such a boy, but families on the edge might not be able to. It can be a difficult decision. You shouldn't sit in moral judgment on women and families. Trust that those unfortunate enough to have to make such a decision will think about it carefully.

      What of the contradiction of being pro-life and anti health care? Do pro-lifers not understand that lack of health care contributes to abortions?

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    74. Re:So by Angeret · · Score: 1

      For the sake of the Rule 34 crowd, I'm trying to visualise that. I'm sorry, I can't. Pics or it couldn't happen :)

    75. Re:So by AcMNPV · · Score: 1

      aye

    76. Re:So by Anonymous Coward · · Score: 0

      Are you serious? How is a sperm or an egg an individual with its own genetic material? Are you trying to tell me that a log and and some nails is the same thing as a boat?

      Conception is when an individual obtains their own individual identity from their parent. A sperm or egg never diverges from the original organism, except in that it has only half the genetic material.

    77. Re:So by Yvanhoe · · Score: 1

      History suggests that it doesn't matter much. Shed some blood and sadly you will get far more than through decades of civil discussion. This explains a lot, actually...

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    78. Re:So by AK+Marc · · Score: 1

      Conception

      Define "conception." If you mean "ejaculation during sex" then you are wrong. If you mean "fertilization of an egg with sperm" then any woman who passes a fertilized egg (quite common) committed homicide.

    79. Re:So by Bobb+Sledd · · Score: 2

      What? I call bullshit. I used to be a Patent Paralegal for a prominent computer company. You can do a LOT of litigation for $50,000. So unless they are asking for an amount more than that, it's just a nuisance and that's why many of these companies have settled. And you most certainly can try to counter-sue.

      Here's what a patent troll does: They go around to smaller and foreign companies, hitting them with some scary patent that *looks* like some basic technology they've been using, and threatens to sue --- or we could settle for $23,000 + future licensing fees and royalties.

      The troll goes around long enough to endow their war chest, and then they go after a really big company. Which, by then, they're a little harder to defeat -- but not impossible. Just opt for litigating, then call a patent buster, and they're done. Most tech companies already have a legal team with intellectual property divisions just for this exact scenario.

      --
      "They said I probly shouldn't fly with just one eye," "I am Bender. Please insert girder."
    80. Re:So by Anonymous Coward · · Score: 0

      Why not just forget about it so we can all get back to hating people who prefer a different brand/platform/os/programming language.

    81. Re:So by Anonymous Coward · · Score: 0

      I'm sorry, but the "safe and legal" mantra is just a cop-out. It's code for: "We can't think of any way to deal with this situation, so let's just ratify the dangerous and emotionally taxing "freak out option" that women have already been using. That way, we don't have to feel bad and the women don't have to feel bad about killing someone else, although they might anyway. And, don't mention the fact that we can tell women now to suck it up, because they can get an abortion."

      Do you think the prevalence of men telling their pregnant girlfriends to get abortions has gone down since abortion was made legal? Heck, now they don't even have to feel bad about it. After all, it's not even an inconvenient baby, it's now just a "fetus" or "parasitic cyst". Clearly, we have made some great progress. And let's not forget the best part: the woman will probably even live to have some more sex with. I'm thinking this is more of a win-win for the neanderthal types.

      As for Down's Syndrome, I don't see what the difference is between aborting them and euthanizing them down after they're born. Well, other than the fact that you have to face the fact that you are willing to kill a human. They're still dead because they had Down's Syndrome. You might argue that they "wouldn't feel it" or something when they are being carried, but honestly, I'm not sure I would care to make that sort of decision. I guess that's fine if you're all into culling them out of the population no matter what, but while they are a burden on their parents, and society, my understanding is most of them live decent lives like the rest of us.

      Hell, just abort anyone you don't want to have to deal with. We're already seeing safe and legal sex selection abortions. And of course, in those situations, the aborted children are otherwise perfectly healthy females 99% of the time. Clearly a win for women's rights. Well, the ones who live to vote, anyway.

      And what is this about being "anti-health care"? I'm not anti-health care at all. Unless you mean government run health care, but being against having the government run it is hardly the same thing as being against health care. Why is it that there is only one solution to the problem of affordable health care?

      And you know what, I don't even really mind government health care that much. I expect it to be overly bureaucratic, impossible to reform, and then considered an entitlement that can never be retracted, and it will inevitably bankrupt the government and harm the economy, but if that is what it takes to stop abortion-on-demand, then bring it on. Human rights is about caring about humans, not economies. If I was given a choice between government health care and killing children, I'd vote for government health care 100% of the time.

      Of course, no one is going to give up the convenience of ending pregnancies, not after all the work we've done to justify it. So, I'm just going to tell government health care to suck it, in the meantime.

    82. Re:So by innerweb · · Score: 1

      Let Texas leave the union. That solves that as well.

      --
      Freud might say that Intelligent Design is religion's ID.
    83. Re:So by Anne+Thwacks · · Score: 1

      Mod parent up

      --
      Sent from my ASR33 using ASCII
    84. Re:So by The+Snowman · · Score: 1

      Who's up for forming a lynch mob?

      Why form a lynch mob? Just tell them to sue the people who run https://petitions.whitehouse.gov/ for patent infringement and see how well they do against the Secret Service.

      --
      24 beers in a case, 24 hours in a day. Coincidence? I think not!
    85. Re:So by erroneus · · Score: 1

      I see death sentences as disposal. But clearly there is something which I am very unfamiliar with. How is a death sentence more expensive than a life without parole sentence? Please don't tell me you're talking about prison labor. I fundamentally disagree that there is even such an industry. It's legalized slavery. I don't think the chemicals used to kill someone are all that expensive. So what are you talking about?

      One other thing about a death penalty... I think it should be voluntary in most cases.

      The "justice system" is about reject disposal and management. No one in the system ever truly gets out. They are forever cursed to live in the lower tiers of life.

    86. Re:So by AK+Marc · · Score: 1

      But clearly there is something which I am very unfamiliar with. How is a death sentence more expensive than a life without parole sentence?

      http://lmgtfy.com/?q=cost+to+execute+or+life+in+prison&l=1

      Any more questions?

      Though, if you are unwilling to try a single google search before responding, for all I know you won't even click a link given to you, so here, I'll select one sentence from it for you:

      "It's 10 times more expensive to kill them than to keep them alive," though most Americans believe the opposite, said Donald McCartin, a former California jurist known as "The Hanging Judge of Orange County" for sending nine men to death row.

    87. Re:So by erroneus · · Score: 1

      Do you also hold funerals for still-born and miscarriages?

      I'm okay with rationalizing "not born yet" as not being people. Then again, I'm also down with the current standards for when it is appropriate for abortion and when it is not.

      As far as who gets to make the choice about life and death? We are generally okay, as a people, with family members deciding whether or not to pull the plug in hopeless medical cases. And I'm guessing (just guessing) that you're also pretty okay with war... you know, sending people and machines over great distances with the precise and uncompromised purpose of killing other people. These are decisions made by "officials" to go out and kill people. I think what we are talking about is when it's okay to kill and when it's not.

      For your homework, I suggest you make a list of different kinds of death and decide which are okay and which are not. In this way, you can objectively learn a bit more about your real beliefs. Because right now, I don't think you really know what you believe.

      Humanity is pretty messed up. Many of the issues you bring up are a direct result of a messed up human condition. It is the human condition which needs repair. And no, religion is not the answer. Religious belief is a huge part of how we separate one people from the rest, how we judge ourselves and others or determine superiority over others. We need less of that for humanity.

      Just about everything you have talked about reeks of "be careful what you ask for." As things are now, we have nation-loads of children being born which don't stand a chance of having a reasonable life or future as we understand them. And when they do survive, they are quite often exploited and abused. And if they survive that, they generally become the exploiters and abusers. We have more humans on this planet now than can be sustained. When we have a problem with too many rodents, too many deer or too much of anything to sustain a healthy environment, we kill it. We do that with everything with only one exception -- people. I wouldn't generally be okay with that. But I would be okay with prevention of some sort... perhaps voluntary. But even then we get into some pretty ugly places and positions. In the end, we have a planet full of very unhealthy, uneducated, non-thinking, non-productive humans greatly outnumbering those who have the benefits of health, education, means and freedom. I don't think it's hard to imagine how things can and will come to a head. In some places, it already has.

      Your view of the world is almost entirely in the "first world." You need to ponder a bigger picture. One that has understanding of the generalities of human nature, what it really is and what, if anything, truly makes one person better than another.

      No matter how many of your Christmas wishes you may get, you will never see and end to human suffering and misery. This is especially true if you believe you should keep everything you 'earn' and refuse to give it all away to people who are more needy than yourself. I'm not lying to myself. I *will* allow my neighbors to starve while I feed my family. I will watch them die if I have to in order to keep my family alive. Can you admit that this is also true of yourself? And if that's true, which I have no doubt that it is, why are you so bent on being interested in how other people live or die? You are aware of the suffering around the world and around your block. You have no business telling others how to live or die unless you are willing to accept that someone ELSE has the same right you have... to tell you how to live or die... someone you do not choose... not your 'god' but someone else... another human. Think on this. Where you are at, right now, your level of ponderance is "I'm okay with everyone I agree with and everyone who agrees with me." You're simply not capable of dealing in any other terms. Congratulations you're religious. The self-appointed judges of the rest of humanity.

    88. Re:So by DarwinSurvivor · · Score: 1

      They do, given enough time.

    89. Re:So by Sulphur · · Score: 1

      For the sake of the Rule 34 crowd, I'm trying to visualise that. I'm sorry, I can't. Pics or it couldn't happen :)

      What could go wrong?

    90. Re:So by mattack2 · · Score: 1

      Yes, death sentences are punishment. What's wrong with that? Why should they get a (relatively) cushy life in prison when they deprived at least one other person of their life?

      Proud voter against Prop 34.

    91. Re:So by erroneus · · Score: 1

      Yes, I have lots more questions. Among them are how this study is actually balanced. For example, the right to appeal. In comparing the death row versus the life in prison inmate, the costs are about the rights afforded to the condemned. Essentially, they are afforded more rights than those with periodic parole hearings.

      The solution is obvious. Equalize the rights of all prisoners. That it's claimed that to kill a man is more expensive than to keep him alive is an over-simplificaiton. It costs little more than the few hours of manpower and the means of death to kill a man. What is expensive are the efforts of keeping him alive until the very last moment. What we are paying for is the appearance of fairness. That's some expensive window dressing.

      That said, I stand by my notion that the death penalty should be reserved for the extremely obvious cases such as a person who is seen (by dozens of people) and even recorded performing murder without remorse and presuming there were no mental problems driving him to do it (such as speaking to god for example). Also, I advocate a voluntary death sentence for those who cannot stand another day of life in prison.

      That there are claims and assertions which appear to make keeping a person a live more expensive than death? It is ridiculous. None of the articles spell out what is precisely so expensive other than perhaps all the due process involved. Limit the due process and you have already equalized the cost.

      In truth, it is no more expensive. Apples to apples we must compare. And if those on death row get more consideration than lifers? Well, the solution to the problem is self-evident. Either give lifer's more rights to due process or reduce it on death row.

    92. Re:So by Angeret · · Score: 1

      I was thinking more the show stealing Alan Rickman in the Costner Robin Hood - but that, my friend, was bloody funny. Nice one :)

    93. Re:So by Angeret · · Score: 1

      Depends on the temperature of the poker I spose.

    94. Re:So by NotBorg · · Score: 1

      Rocco: [...] We could kill *everyone.*
      Murphy: So what do you think?
      Connor: I'm strangely comfortable with it.

      --
      I want this account deleted.
    95. Re:So by Anonymous Coward · · Score: 0

      Call me a sadist, but I prefer bzip2.

      A true sadist prefers compress and after applying tar for a firmer bondage.

    96. Re:So by Anonymous Coward · · Score: 0

      Aye.

    97. Re:So by Neil+Boekend · · Score: 1

      You wouldn't only have "done the right thing" you would also prevent similar shakedowns in the future. As a mafioso, who do you threaten: the guy who folds or the guy who will kick your ass?

      --
      Well, I might have a way, but it only works on a semi spherical planet in a vacuum.
    98. Re:So by DrStoooopid · · Score: 1

      I'll bring the torches if you bring the pitchforks...

      notice he takes the cheap way out. Have you seen how expensive pitchforks are these days?

      --
      There are 2 groups of people you can make fun of on the Internet without fear of attack. The illiterate, and the Amish.
    99. Re:So by AK+Marc · · Score: 1

      The solution is obvious. Equalize the rights of all prisoners. That it's claimed that to kill a man is more expensive than to keep him alive is an over-simplificaiton. It costs little more than the few hours of manpower and the means of death to kill a man. What is expensive are the efforts of keeping him alive until the very last moment. What we are paying for is the appearance of fairness. That's some expensive window dressing.

      I'm for that, but you'll never see it pass in the US. Why? Because Bernie Madoff deserves a golf course at his minimum security country club, and weekend furloughs because he's "non violent" because he didn't use a gun for his thefts. And so many, including those like Mitt Romney and Donald Trump would be against a unified standard because they know they are one bad business decision away from prison. The "successful" ones surround themselves with lawyers. Not to follow the law, but to skirt it. One differing opinion on one rule, and they could end up in serious trouble. So we need to separate out the "violent" ones from the rich ones, and make sure that selling pot is "violent".

      In truth, it is no more expensive. Apples to apples we must compare. And if those on death row get more consideration than lifers? Well, the solution to the problem is self-evident. Either give lifer's more rights to due process or reduce it on death row.

      It's not just the due process. The lifers have no less access to the judicial system. The condemned have "more" access in that their appeals are automatic, for expedience and thoroughness. The lifer has no less access and no fewer available appeals. Also, many of the costs are not just legal. death row inmates are usually in solitary cells. There was a history of problems, and the excuse "what are you going to do, kill me twice" got them automatic treatment as a problem prisoner. I've also heard that the other prisoners do not react well to condemned in general population. And with the solitary come other costs, suicide watch for someone due to be released in 2 days doesn't make a huge amount of sense, but I know death row inmates are on suicide watches for (at a minimum) a period after sentencing and a period before sentence, even with no cause. So not all the costs are "rights" related.

    100. Re:So by Anonymous Coward · · Score: 0

      That's if you can afford to go to court. They may be asking very reasonable fees to make the ROI of such a case overly in favor of settling. By going to court you would have to advance large amounts of money where settling might be cheaper. So even if you win the lawsuit, you might end up losing money in the end.

      Try definitely. In the US your legal fees usually aren't reimbursed, so you will be out of pocket $3-5M *EVEN IF YOU WIN*. Kiss that money goodbye. Under UK rules the winner does get their legal fees reimbursed, but lawyers charge a lot more than that amount so you will still be out of pocket for say half that amount.

      As soon as someone sues you for patent violation - even if their suit is a sham - you're a few million out of pocket. In theory the judge should throw out sham suits, but judges in patent troll counties are a different breed.

      No sensible legal system would permit situations where people (or even businesses) are forced to defend reasonable conduct at ruinous expense, or where the monetary cost of winning a case where one is in the right exceeds the case of paying a penalty (we might as well call it tribute) as if one had actually been doing something inappropriate. The fact that the US legal system permits (even encourages) this sort of thing is disgusting and worthy of our contempt.

      Guess who is responsible for creating this legal system? Answer: the legal professionals. Most members of Congress, most Presidents, most judges, are all legal professionals. The people involved in creating the rules that permit these absurdities are all legal professionals.

      In ethics terms, the term used to describe this situation is "conflict of interest". It isn't a matter of conspiracy, but rather a question of many cunning and unscrupulous persons recognizing a shared interest. No thinking person can possibly study the legal system and not quickly come to the realization that these conflicts of interest are both real and pervasive, which means people who go through law school and don't figure out what is going on are either brainwashed or unintelligent.

      Ethical conflicts of interest on the part of legal professionals (as a class in society) are the single most powerful driving force in shaping and forming the US legal system. It's why we have laws that contradict fundamental rights plainly stated in the Bill of Rights. It's why we have tons of unused or invalid laws on the books. It's why we still have a broken patent system, and a broken copyright system. It's why our legal professionals in Congress think they can get away with writing laws that are hundreds or thousands of pages in length, and which only a legal specialist could hope to understand. It's why we are known as the "land of the lawsuit".

      The right to ethical conduct on the part of BOTH persons in government AND legal professionals is a fundamental human right.

      We might appropriately assert this in the USA as a right "retained by the people" under the 9th Amendment.

      As such, the legal professionals creating and enforcing laws involving ethical conflict of interest on the part of legal professionals are violating their oaths to uphold the Bill of Rights. This especially applies to the lawyers working for patent trolls, and those upholding the current patent system.

      Why are we stupid enough to be letting unethical conduct be so common, perhaps even the norm, in our legal system?

    101. Re:So by lightBearer · · Score: 1

      Don't forget to cover:
      7) Method described in (1), on the internet.
      8) Method described in (1), with rounded corners.

      --
      - No Bounce, No Play -
    102. Re:So by Anonymous Coward · · Score: 0

      Plus they still let them request the venue which always ends up in a region in east Texas that seems to populated solely by patent lawyers.

      And mexicans.

    103. Re:So by AK+Marc · · Score: 1

      Yes, death sentences are punishment. What's wrong with that? Why should they get a (relatively) cushy life in prison when they deprived at least one other person of their life?

      Well, are all sentences punishment? What's the purpose of the justice system? Or is the purpose different for every crime?

  2. So... by MozeeToby · · Score: 5, Interesting

    Nevermind that the patent was actually filed in 1989, long before the World Wide Web was even invented.

    Now, don't get me wrong, this is patent trolling at it's absolute worst, but what exactly is this quote supposed to mean? We (rightly) complain all the freakin time how people shouldn't be granted patents just by adding "on the internet" or "on a computer", we can't have it both ways. If there is a valid patent to provide secure communications through USPS and the key steps of that patent are being performed as part of secure communications online, why shouldn't that be considered to be violating the patent?

    1. Re:So... by RandomFactor · · Score: 2

      "we can't have it both ways. I"

      No, but we should a least have it one way or the other.

      As it stands, if you add "on the internet" to it, you get a patent, or as in this case, even if you don't, you can still enforce your patent "on the internet"

      --
      --- Mercutio was right.
    2. Re:So... by Xugumad · · Score: 1

      Agreed; the guy is exploiting the patent system in one of the most horrific mis-uses I've ever seen (applying an expired patent that was bought from another organisation to retro-actively sue people who had no idea they were infringing), however the use of a technology in a new scenario is not a new patent. While the references to old technology (for example modems) in the patent seem mildly comical from today's point of view, in terms of the patent itself personally I find it refreshing to actually see a well thought through implementation.

    3. Re:So... by Xest · · Score: 5, Insightful

      Personally I think the point there is that if someone files a patent, and doesn't enforce anything about it, then someone else buys it 17 years later by which time due to lack of enforcement around it such that everyone has used it it's become part of essential every day tools, then some dick shouldn't then be able to start suing over it.

      In this respect patents should act like trademarks - if you don't defend against illegal use of it at or near the time of infringement and as a result everyone starts using tools built upon it, then it should be invalidated.

      This idea that you can file a patent, sit quietly on it, and wait until something related to it has become massively widely used and THEN you sue everyone left, right and centre, is fucking absurd.

      The other point is that patent terms are supposed to expire after 20 years. As such can anyone tell me why this guy has another 6 years to sue? Is this about legal limits and he is effectively suing for past infringement even though the patent should've expired 3 years ago? If so then that's another change that needs making to the law - you either sue when the patent is valid, or you don't sue at all.

    4. Re:So... by Anonymous Coward · · Score: 0

      According to the article, Bruce Schneier would disagree with you. Considering his comments in the article, it is clear the patent troll in question is exploiting technophobia... because Bruce says even a patent granted for this stuff in 1989 has prior art. The "handshaking" weasel bit the TQP asshat claims is the infringing part is to get around the prior art Bruce mentions.

    5. Re:So... by cultiv8 · · Score: 3, Funny

      He and his wife Audrey, also an IP lawyer, live in a six-bedroom, seven-fireplace mansion worth $9.3 million, according to public records, and bought two half-million dollar condominiums in Las Vegas in 2010.

      It would be if baby needs a new pair of shoes.

      --
      sysadmins and parents of newborns get the same amount of sleep.
    6. Re:So... by CastrTroy · · Score: 4, Insightful

      THIS

      You should have some minimum time to file a suit against someone for using your patent or it should be invalidated. I see this all the time. Sony used a game controller for 3 years on their playstation and then somebody comes along saying they have a patent that Sony is infringing on. Why wasn't it brought up a couple months after the release? It's not like the playstation was some unknown product in some very small market that the patent holder couldn't have been expected to know about. If you have too many patents that you can't keep track of them, and don't even realize that somebody is infringing on them until years later, then it should be invalidated.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    7. Re:So... by Errol+backfiring · · Score: 2

      in 1989, long before the World Wide Web was even invented.

      I clearly recall that I was surfing a lot of Gopher sites in 1985, and there was even something new: hypertext. Doesn't that count as the world wide web?

      --
      Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
    8. Re:So... by slim · · Score: 1

      I never saw a Gopher client with hypertext. Unless you count menus (I don't)

      Hypertext certainly predates the WWW though.

    9. Re:So... by gl4ss · · Score: 1

      I don't know why people haven't yet argued that adding encryption to a point to point communication is pretty obvious.
      I mean, the patent isn't on the mathematical codes for the actual encryption anyhow?

      which gets us to the point why isn't the guy suing blizzard and my bank?

      --
      world was created 5 seconds before this post as it is.
    10. Re:So... by Luckyo · · Score: 1, Insightful

      Because most inventors have other things to do with their time then comb through every new technological application, and because your suggestion would make big time manufacturers stop caring about patents of small guys and just obfuscate their technology to stop identification of patented features for long enough.

      Let's not forget, patent laws aren't made to allow big incumbents to rape small inventors. They're made to allow small inventors to get money from their inventions. Just because laws have been perverted doesn't mean that it will help to demolish the original reason for existence of patents and essentially empower the party that is already the biggest abuser of the current legislation - the large incumbent tech companies.

    11. Re:So... by History's+Coming+To · · Score: 5, Interesting

      We need some reductio ad absurdem on the part of the courts here. Side with the lawyer, outlaw all uses of SSL without a license from him, and have all companies using SSL remove the facility for one day. He's after a little bit of money but he's claiming to want to protect the patent. OK, call his bluff, no money and a protected patent, then let's see how the rest of the world responds when they see what's happening. No more internet banking? No more online trading? No more secure internet sessions? Go on, call his bluff, let's open Pandora's Box Of Patents, it's the only way to bring this nonsense down once and for all.

      --
      Please consider this account deleted, I just can't be bothered with the spam anymore.
    12. Re:So... by CastrTroy · · Score: 3, Insightful

      You're right. Instead of letting the small inventors who maybe own 1 to 5 patents take a little responsibility and keep track of how their patents are being used, we should make the people/organizations producing products (big and small) be responsible for wading through millions of patents to ensure they don't infringe on these patents before they release a product. Even if said patent is just sitting in a filing cabinet, and no product has ever been realized.

      I'm not saying that all patents should be invalidated after some set period after some product has been released and no complaint has been filed. But there should be some expectation so thousands of companies can't go about using your "patented techology" for over a decade before you decide you are going to start complaining that they are violating your patent.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    13. Re:So... by Anonymous Coward · · Score: 0

      Aren't you only liable for damages after you've been charged with infringement?
      Accepting the "facts" above (not that I'm disagreeing, I just haven't studied it, but stipulate the scenario as an interesting one) I think the infringement's real. We should hate the lawyer for doing something so obviously immoral, and we should change the system, because it makes that act legal. Plenty of people find it Just Fine to do anything that's legal, however reprehensible. At some point (some enormous quantity of dollars) wouldn't we all succumb? That's a tough ethics question to ask yourself in the mirror sometime. So I think our legal code should represent what we believe, and I think we all believe you should be rewarded for your inventions and that this is a good one. In my opinion, the problem lies in our over-inflated view of what things are worth. Something between the cost (subsistence wage for the engineer) of invention and value of the utility (what everyone who ever used SSL would have paid for it) is the clear answer? Now, with the SSL cat out of the bag, that value was sold cheaply and can't be recovered. I suggest, Spangenberg, "fairness" won't let you sue somebody for gains they didn't make or know you deserved, but of course you don't care about that. Back to the right price, maybe it should be more towards the low end.

      Another very interesting question is whether it was really innovative. I got sued once for a patent so unimaginative that, well, let's just say you'd figure it out in a split second if I described the problem. Couched in pseudoscience, it partly bamboozled, partly just wore down the poor examiner trying to defeat it. As a result, a bad patent was created. How to stop that? I think there should be some proportionate response available to both sides. Meaning, if you attempt to support a bullshit patent and it gets invalidated, you should pay the legal fees and maybe all the royalties ever collected and maybe get your nuts put in a vise for the lifetime of the improper patent.

      All this is why I, and probably most people on slashdot, rarely ever get on a jury.

    14. Re:So... by swillden · · Score: 4, Insightful

      Let's not forget, patent laws aren't made to allow big incumbents to rape small inventors. They're made to allow small inventors to get money from their inventions.

      Both views are wrong, at least in the United States. The purpose of patents isn't to favor big or small or to enable collection of money by anyone. Money is the mechanism, not the goal. The purpose of patents is to advance science and the useful arts by providing inventors with a motive to publish the details of their inventions, so that other inventors can learn from them, and either license them or explore new possibilities.

      Like copyright, the intended beneficiary of our IP laws (at least in their original intent and form) isn't the owner of the temporary monopoly, it's society as a whole. The benefit to the owner is just the tool we use to encourage them to act in society's best interest, by spreading their ideas/expressions.

      There are a lot of implications of this viewpoint, and if everyone (especially Congress) could keep it straight, our IP laws would be a lot more sane -- and would tend to achieve rather than undermine the underlying goal. In the case of patent law, one implication of the real goal is that we can measure the effectiveness of the system by how often inventors search the patent database looking for solutions to problems, or for ideas to spark new inventions.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    15. Re:So... by Anonymous Coward · · Score: 1

      Personally I think the point there is that if someone files a patent, and doesn't enforce anything about it, then someone else buys it 17 years later by which time due to lack of enforcement around it such that everyone has used it it's become part of essential every day tools, then some dick shouldn't then be able to start suing over it.....

      Hmm... you know, this reminds me a *lot* of what happened with the GIF file format.

      What happened then? Did the internet survive. Are there any lessons we can learn from that incident to apply now? (back then, the PNG format was born as a direct reaction to the GIF patent problem; how feasible would it be to be to do something similar now with SSH - ie simply route around the issue?)

    16. Re:So... by AK+Marc · · Score: 1

      He probably is, notice he's already won against Apple, and is listed as going against banks. He should go after DNS and take down DNSSEC and see what happens. When DNS is taken down, he won't have to worry about anyone else using "his" SSL.

    17. Re:So... by MakerDusk · · Score: 2

      I couldn't agree more. This plan would generate the largest lynch mob in history. Someone should give Guinness a call... Together we can set a bar so high the record could never be broken.

    18. Re:So... by Xest · · Score: 3, Insightful

      "Because most inventors have other things to do with their time then comb through every new technological application"

      As I see it it's quite simple. If you don't feel you have time to protect your patent then you obviously don't put enough value in it to believe it's worth protecting.

      Look, either your patent is such a unique and cutting edge innovation that you want to protect it and want to make money from it, or it's not. You can't just patent some trivial little turd of an idea that others have/will come up with independently and expect the money come flowing through to you for it.

      The "I don't have time" argument is bollocks, the time you invest in protecting your patent should be relative to the value you place in that patent. If you think it's a super patent then spend your life protecting it and milking money from it, if you think it's marginally useful then go after uses as soon as they're obviously there - i.e. PS3 controllers. If you don't value it at all then don't enforce it and let people use it how they want by letting it expire as trademarks do. That's how it should work. The patenting of turds and just sitting around waiting for them to mature and then attacking has to stop. Patents shouldn't be a license to cash in left and right 17 years after a patent was filed for some arbitrary idea no matter how little effort went into it, they should be worth bothering to protect and if they're not, they shouldn't be patentable ideas in the first place.

      Besides, the test for trademark genericisation is if your trademark has entered common usage, if your patent has come close to entering common usage across a wide range of users like SSL has and you haven't noticed and bothered to defend it then laziness has nothing to do with it. That's apathy towards enforcement, and apathy shouldn't be an excuse to be able to turn around many years later and suddenly decide to cash in either.

    19. Re:So... by Anonymous Coward · · Score: 0

      He and his wife Audrey, also an IP lawyer, live in a six-bedroom, seven-fireplace mansion worth $9.3 million, according to public records, and bought two half-million dollar condominiums in Las Vegas in 2010.

      It would be if baby needs a new pair of shoes.

      So "Baby" is a gold-digging whore?

    20. Re:So... by nedlohs · · Score: 1

      No they exist "To promote the Progress of Science and useful Arts", the size or age of the inventor is irrelevant.

    21. Re:So... by Luckyo · · Score: 2, Interesting

      "If you're a small garage inventor, you're not big enough to be paid for your inventions".

      Nice ethics you have. No wonder there are so many "too big to fail" companies now and so many small ones are destroyed just to make sure these big failures stay up.

    22. Re:So... by Xest · · Score: 2

      What are you on about?

      Size of business has absolutely nothing to do with the quality of what you invent and how much time you want to spend enforcing it.

      Or are you saying garage inventors should be able to just patent shit and screw large and small businesses alike out of cash without ever actually offering anything of value to society?

      Nothing I said prevents a garage inventor protecting his/her patent, the only question is whether they feel their patent is worth their time protecting.

      You can argue businesses have more resources to pay to protect their patents but they still have to pay for staff to do exactly that. If they similarly have a patent that is going to require someone to spend 5 days a week looking after it's protection then they've still got to hire a full time staff member for it to be worth it, just as a garage inventor must decide if his/her patent is important enough and will bring them enough income to justify dedicating themselves to full time.

    23. Re:So... by Anonymous Coward · · Score: 0

      Let's simplify this one more step: It's a software patent. An abomination that shouldn't even exist. Copyright already exists to protect specific implementations of code. Patents were wormed into the system later in an attempt to protect ideas.

      Imagine this sinister joke of a law applied to books. Forget writing any gritty private eye novels, the genre was patented. Murder Mystery? Cease and desist right there, buddy.

    24. Re:So... by swb · · Score: 2

      I'd like to see a system where you file for and receive a "provisional" patent. From the date of issue you have 5 years to go back to the patent office and demonstrate a salable product using this patent. If you fail to do so, the patent becomes null and void and the subject of the patent is considered in the public domain and unpatentable.

      5 years would protect any reasonable product development (even the little guys) while preventing large entities from patenting stuff they never use just to build a war chest of patents. IMHO, the patent should provide protection from the marketplace for an item actively part of your product portfolio, it shouldn't be part of a larger legal strategy to stifle competition or engage in brinksmanship with other corporations.

      I'd also like to see strict limits on patent claims made for patents which were "validated" with salable products but where the company has no products using the patent. In theory, voided provisional patents should eliminate most of the patent trolling, but I think this would eliminate nearly all of it by preventing "patent houses" who merely buy patents and attempt to enforce them, since there are no salable products made by these entities using the patents.

      The patent system really shouldn't allow the defense of unused patents, as all that does is stifle useful technology.

    25. Re:So... by Theaetetus · · Score: 2

      There are a lot of implications of this viewpoint, and if everyone (especially Congress) could keep it straight, our IP laws would be a lot more sane -- and would tend to achieve rather than undermine the underlying goal. In the case of patent law, one implication of the real goal is that we can measure the effectiveness of the system by how often inventors search the patent database looking for solutions to problems, or for ideas to spark new inventions.

      Though I agree with the rest of your post, I think your suggested test is too narrow - patents also allow inventors to publish white papers, theses, functional specifications, flow charts, etc. without destroying their IP protection, unlike trade secrets. Accordingly, we should also measure the effectiveness of the system by how often inventors search those for ideas.

    26. Re:So... by RicardoGCE · · Score: 1

      He didn't "win" against Apple or anyone else. They've settled rather than going to court.

    27. Re:So... by Anonymous Coward · · Score: 1

      Personally I think the point there is that if someone files a patent, and doesn't enforce anything about it, then someone else buys it 17 years later by which time due to lack of enforcement around it such that everyone has used it it's become part of essential every day tools, then some dick shouldn't then be able to start suing over it.

      Are you an enemy of innovation? Probably also a movie pirate and child molester, and you think you know better than our hardworking government who is or who isn't a dick?

    28. Re:So... by Cajun+Hell · · Score: 2

      My recollection is that it Gopher in 1985 doesn't count. Gopher (and FTP and anything else with a schema) became part of the web (but not retroactively), after there was a web for it to be part of, and that started with HTTP, and more importantly: web browsers. If you were using a dedicated gopher client rather than a web browser (and you were) then you weren't using the web. You were just on the Internet, doing things that slightly resemble looking at web pages.

      --
      "Believe me!" -- Donald Trump
    29. Re:So... by Anonymous Coward · · Score: 0

      The law changed on 1995. Patents granted before 1995 have a term 17 years from issue while patents after 1995 have a term of 20 years from the date the application was filed. The 6 year ta
      il is due to the statute of limitations for infringement. If someone infringes in year 20 then you have until year 26 to sue. The lawsuits being filed are for infringement

    30. Re:So... by Luckyo · · Score: 1

      Size of business has absolutely nothing to do with how much resources they can devote to pursuing their conflicts with others?

      Really?

      So huge corporations can only allocate as much resources to pursuing such conflicts as garage builders, and those armies of lawyers are figments of our imagination?

    31. Re:So... by Anonymous Coward · · Score: 1

      I've got the feeling these scummy "settlements" went down something like this:

      Troll: "Hey, Apple, you're using one of my patents. Pay me $100M!"
      Apple: "Ha! How about we just crush you in court, invalidate your patent, and sue YOU for something our lawyers can certainly trump up?"
      Troll: "Uhh.."
      Apple: "Wait, on second thought. How about we pay you $100k to help 'validate' your patent in the eyes of the courts and public opinion, then you be our good little lap dog and go pester all of our competition?"
      Troll: "Ok!"

    32. Re:So... by Raul654 · · Score: 1

      You can claim that as a defense in court. It's called laches - http://en.wikipedia.org/wiki/Laches_(equity)
      Basically, the defendant asserts that the plaintiff sat on his rights rather than enforcing them, which caused others to put themselves in harm's way.

      But the case has to go to trial before you can assert that, by which time you're already out several million dollars.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    33. Re:So... by Shagg · · Score: 1

      Let's not forget, patent laws aren't made to allow big incumbents to rape small inventors.

      Don't kid yourself. That's exactly what they are for.

      --
      Unix is user friendly, it's just selective about who its friends are.
    34. Re:So... by Grieviant · · Score: 1

      Very few people search the patent database looking for technical information. The 'inventions' generally aren't novel, and the ones that are are usually better documented (sans lawyer speak) in the open literature, textbooks, downloadable presentations, etc. The whole idea of patents furthering progress through the dissemination of original technical contributions is bullocks and has been forever.

    35. Re:So... by Luckyo · · Score: 2

      Let me correct myself to satisfy this particular pedantry :D.

      "Weren't originally made".

    36. Re:So... by Xest · · Score: 1

      Of course huge corporations can allocate more, but the result is that it costs them more.

      The point is that whatever size you are, the cost of defending the patent is either worth it, or it isn't, and whatever size you are, the more time you spend defending a particular patent, the more it will cost you. The question is, is it worth it?

      If a small garage guy feels he can make $1million a year from his patent, he can just as well hire a few staff to chase it for him for that value as a large company can because of the implicit value of it, but it's not worth a large company paying 20 lawyers to defend it, because then the cost of it just isn't worth it.

    37. Re:So... by Luckyo · · Score: 2

      What the hell?

      Darling, this is slashdot. Understanding of basic math, such as differences between relative costs and absolute costs is considered a norm here. Perhaps you got lost?

    38. Re:So... by ewibble · · Score: 1

      I also think most people believe people should be rewarded for there invention, but the question is by how much, and what is a fair reward. I think it should be based more on effort expended as opposed what you can make by having exclusive access for X years. The problem is that 5 minute thought process can exclude people from using an idea for 20 years. There needs to be more proportionality between effort expended and possible reward

    39. Re:So... by tnk1 · · Score: 1

      Yeah, no federal judge would do that. If he put an injunction on all US companies to force them to shut down all SSL usage, every company in the US who had any money whatsoever would step into court and immediately appeal. It would tie his court, and the appellate courts up for decades. He might be willing to deal with it, but the appellate courts would overturn him very quickly with a scathing nastigram.

    40. Re:So... by swillden · · Score: 1

      Very few people search the patent database looking for technical information.

      Oh, it's much worse than that. The legal staff for every software development company in the country tells their technical staff specifically not to search the patent database. It adds trivial (if any) value and exposes the company to the risk of willful infringement, with the accompanying treble damages.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    41. Re:So... by swillden · · Score: 1

      Very good point. Thanks.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    42. Re:So... by SourceFrog · · Score: 1

      As I see it it's quite simple. If you don't feel you have time to protect your patent then you obviously don't put enough value in it to believe it's worth protecting. ... The "I don't have time" argument is bollocks

      Do tell how you have time to sift through all existing patents plus 40,000 new patents per year. That is 109 new patents per day, if you work 12-hour days 365 days per year, that means you are sifting through some 9 patents per hour, just to keep up with new patents. And you still have time to invent?

      --
      My other UID is three digits.
    43. Re:So... by AK+Marc · · Score: 1

      Collecting a large settlement on your terms is a "win". Just ask any lawyer.

    44. Re:So... by n7ytd · · Score: 1

      You should have some minimum time to file a suit against someone for using your patent or it should be invalidated. [...] If you have too many patents that you can't keep track of them, and don't even realize that somebody is infringing on them until years later, then it should be invalidated.

      I like the idea of trying to eliminate the abuse of submarine patents, but as soon as you reduce the actionable time frame from "life of patent" to "X number of weeks/months/years after patent was issued", then you've entered a gray area where it becomes hard to define what "X" is. If we're doing that, didn't we just redefine the lifetime of the patent to be X?

      IANAL, but I believe trademarks are like that: if you do not actively defend your trademark from infringing uses, then you lose the exclusive use of your trademark.

    45. Re:So... by Xest · · Score: 0

      It's got nothing to do with sifting through other people's patents - they'll automatically be invalidated by your prior art if someone files something they shouldn't have.

      It's about whether someone is using YOUR patent and that's about keeping an eye on the markets where your patent is relevant.

    46. Re:So... by Xest · · Score: 1

      I think you should go and lie down, you now seem not only confused but rather angry too.

      If you'd like to elaborate on the problem you're having with this concept then maybe I can explain it to you but whilst you spout insults and vagueness I can only assume that you're one of those people who doesn't like being wrong.

    47. Re:So... by Anonymous Coward · · Score: 0

      Not to mention that he only has to lose once at a high enough level for Res Judicata to block any other suit. However, that is not true if he wins. He'd have to win over and over and over again for each defendant.

    48. Re:So... by Anonymous Coward · · Score: 0

      Concrete galoshes are this year's fashion statement for the 1%

    49. Re:So... by Anonymous Coward · · Score: 0

      Are you an enemy of innovation? Probably also a movie pirate and child molester, and you think you know better than our hardworking government who is or who isn't a dick?

      I swear I saw this expressed in a Romney 2012 campaign video...

    50. Re:So... by Anonymous Coward · · Score: 0

      great, so only people tall enough to see over the bar can order a guinness now? sheesh

    51. Re:So... by T+Murphy · · Score: 1

      You should have some minimum time to file a suit against someone for using your patent or it should be invalidated

      Or just your right to offensively use the patent should be revoked; if a company just wants to use a patent defensively there is no need to push them to sue people proactively.

    52. Re:So... by Luckyo · · Score: 1

      Math:

      Garage builder A. Works on budget X.

      Huge corporation B. Works on budget Y.

      Y>>X

      They go to court against one another. Corporation B has a team of layers who specialize in this very subject on payroll. To them, costs of litigation if victorious (i.e. when they are right or can blundgeon A to loss regardless of being in the right) is a fixed cost.

      Garage builder A is forced to hire a layer that will sap a significant part if not more of his budget X to pursue his case. He may or may not run out of money in the middle of the case. Regardless, his RISK on pursuing such a case is EXISTENTIAL, because it represents such a huge chunk of his budget and because loss can be catastrophic.

      Huge corporation B can operate the same suit at cost that is negligible in relation to its budget Y. Even a loss is often barely worth mentioning on the balance sheet outside normal "legal costs".

      Please do tell us now, how these risks are somehow equivalent in your mind.

    53. Re:So... by Aighearach · · Score: 1

      But the case has to go to trial before you can assert that, by which time you're already out several million dollars.

      You don't have to adopt an expensive, comprehensive strategy during discovery. Especially where you think you have a slam dunk at trial. In this case though the patent is probably not enforceable and you could probably get the case thrown out at an early stage. The patent is of suspect quality regarding prior art, and since the patent lived its whole lifespan and expired without having been legitimately used, it is questionable to assert it even on a common law basis; if it made them no money and all chances for them generating normal revenue have expired, then it was never a thing of value and they can't really sue over it. And we can measure how much they were harmed by looking at the revenue they were generating from it during those years. And since the patent is expired, they can't even ask for injunctions because they can't claim any ongoing damage at all.

      A business that can't afford an expensive trial can probably still defend themselves here, using a regular local law firm.

      I am not a lawyer, and this was opinion not legal advice.

    54. Re:So... by Anonymous Coward · · Score: 0

      Disclaimer: I'm not a lawyer.

      The defense of "laches" protects companies from intentionally delayed lawsuits. If you intentionally wait until an infringing product does well so that the damages will be huge, at least in some circumstances your claims can be blocked.

      However, I don't know if laches applies here, because the patent was sold to a different company. So nobody was intentionally delaying to rack up the damages. The legal principles may protect the defendants to some degree -- the law is intended to be fair to them as well -- but the plaintiffs aren't abusing the legal system in the way that this defense was intended to prevent. They're abusing it in a different way...

    55. Re:So... by chrismcb · · Score: 1

      I clearly recall that I was surfing a lot of Gopher sites in 1985, and there was even something new: hypertext. Doesn't that count as the world wide web?

      No

    56. Re:So... by Xest · · Score: 1

      Right I see where you're struggling now, the problem is that you're speculating about a completely different problem.

      The issue is that you're talking about a broken, or possibly broken legal system, which is all well and good, but that's not the discussion here.

      Importantly, the reason why your change of subject is irrelevant is because it's that way whatever patent system you have an so has no relevance. It doesn't matter if a garage inventor doesn't have to defend his patent immediately or not, he'll still be the little guy so I don't even know why you've suddenly changed to this topic. I can only assume it's because as I say, you're one of those people who doesn't like being wrong, so when they realise they've lost the argument, they simply try and change the argument. That's fine if you want to do that, but it's not a game I play.

      Fundamentally your change of subject doesn't change the fact that a patent has a fixed worth and that that fixed worth remains the same whether said patent is owned by a company or an individual, and defending that fixed worth will remain a question of how much a company or individual feels is worth investing in protecting that fixed worth. That much is a constant, any arguments about other elements of the US' broken legal system are not what I (or anyone else) have been discussing and nothing you mentioned applies specifically to the suggestion I originally made but affect the law and patents in general because the US legal system as a whole is stacked in favour of the big guy vs. the little guy regardless.

      It seems in your apparent anger you've completely lost sight of the discussion at hand.

    57. Re:So... by Luckyo · · Score: 1

      And yet, this legal problem is the same across the world. In fact, surprisingly US fairs fairly well in this regard in comparison to many places in the world where corrupt justice system is far more influenced by money thrown at it.

      And the subject wasn't changed at any point. But I guess when you argument your "doesn't like being wrong", you're really just forgetting to look in the mirror. I don't know if you misread something at some point, but the entire point of discussion was that suggested solution would be loved by those big companies, and completely crush the small inventor. This was the topic from my reply to the post #3 of the thread, which you apparently mistook as a reply to you.

      And btw, to answer your question in #2, the reason for patent extensions is typically in that they are granted in exchange for information. For example, in medical field single patent can cover many implementations of which only one is found working. Information of which implementation is the one that is found to be working and how it works is what grants you the extension. Essentially you're meant to exchange accurate (and in some cases difficult to get such as medicine) information in exchange for extra protection from society. It's a fairly well thought-out part of the system, which serves both rewarding the inventor and incentivizing the inventor to share exact details of the invention with society.
      We had a story on slashdot recently where pfizer tried to game this by asking for extension and not revealing enough detailed information in Canada. They were taken to court and lost fight and the patent extension.

      All in all, you make several big assumptions such that is US is the only place where system is stacked against the little guy, or that little guy apparently doesn't matter because legal system is stacked against him regardless, elevated these assumptions to factual status and started to look down on everyone arguing against your "facts".

      It's something you commonly see on cheap talk shows that cater to lowest denominator of the society.

    58. Re:So... by Xest · · Score: 1

      "And yet, this legal problem is the same across the world."

      No it isn't.

      "We had a story on slashdot recently where pfizer tried to game this by asking for extension and not revealing enough detailed information in Canada. They were taken to court and lost fight and the patent extension."

      How is this possible? I thought you just argued the system is bent in favour of large players?

      "elevated these assumptions to factual status and started to look down on everyone arguing against your "facts"."

      By everyone you of course mean you. I see a distinct lack of support for your point both in terms of replies and moderation, yet the opposite seems true for mine.

      Don't try and pretend everyone agrees with you and my point is some marginalised side show when it's clear that quite the opposite is true, and overwhelmingly so.

      You're wrong. Just about everyone else agrees that you're wrong. Get over it.

    59. Re:So... by Luckyo · · Score: 1

      1. It is. We have this across EU. It's a problem in BRIC to a smaller extent (all of them). It's a big problem in Japan and South Korea exacerbated by local culture of "do not make waves" and "be a part of a big whole" where "big whole" is usually one of the megacorps.

      Hell, the only places where it isn't a problem are countries where there isn't much of a court system. I.e. it's not much of a problem in Somalia.

      2. The system is bent in favor of large players, to an extent where it comes as newsworthy article when major corp actually fails to buy its way. Such at that particular article.

      3. Who is this "everyone else" you're talking about? Even moderators seem to upmod both of our statements in about equal measures, even considering just how clueless most of the people on slashdot are about things outside US. Not to even mention that facts aren't elected by majority. This isn't a "shall we teach intelligent design" argument.

      Granted your way of arguing your point is exceptionally similar to those particular pundits. "You are wrong and every I know thinks so too, therefore you're wrong and facts and reality can go to hell".

    60. Re:So... by Anonymous Coward · · Score: 0

      mmm... the guy truly invented something not OBVIOUS (nor necessary, nor worse, optimum) and was left out of the full pockets? He ought to win and extract money off it no doubt. Is it making money? Then he already won and maybe you want to know what will be your share if he gets it **for free**? Though some would be glad to turn the internet into a legend and bye bye, for SURE.

    61. Re:So... by Anonymous Coward · · Score: 0

      wow are you two retards still here arguing this? fwiw you brought the whole "everyone" argument up not Xest so i don't know why you show the tears now its backfired

      you obviously dont know when to give up digging a deeper hole for yourself

    62. Re:So... by bbecker23 · · Score: 1

      The problem is that 5 minute thought process can exclude people from using an idea for 20 years.

      And that's the problem, in a nutshell. That 5 minute thought process shouldn't be protected (non-obvious, anyone?). I work in learning systems and some of the implementations I've seen are, frankly, beautiful. If those sorts of things were the only ones accepted for patenting, that is novel and innovative discoveries, we likely wouldn't be having these software patent discussions. The problem only crops up when we start allowing "bouncy scrolling" patents and their ilk.

      --
      cat /dev/random > sig.txt
    63. Re:So... by Errol+backfiring · · Score: 1

      There was a TELNET link that started a browser on some server.

      --
      Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
  3. World Wide Web by Anonymous Coward · · Score: 1

    I don't understand why the WWW was mentioned. SSL isn't tied to web technology. It makes me wonder if the submitter (and editors) have any idea what SSL is.

    1. Re:World Wide Web by Anonymous Coward · · Score: 2, Funny

      It makes me wonder if the submitter (and editors) have any idea what SSL is.

      As this is Slashdot, you can safely assume that neither do.

    2. Re:World Wide Web by Anonymous Coward · · Score: 1

      I don't understand why the WWW was mentioned. SSL isn't tied to web technology. It makes me wonder if the submitter (and editors) have any idea what SSL is.

      Oh, they're journalists and therefore infallible.

      Didn't you know that?

    3. Re:World Wide Web by ButchDeLoria · · Score: 1

      It's /., of course they don't.

    4. Re:World Wide Web by tgd · · Score: 2

      I don't understand why the WWW was mentioned. SSL isn't tied to web technology. It makes me wonder if the submitter (and editors) have any idea what SSL is.

      You can add onto it that the submitter and editors likely don't understand patents or the legal system, as well.

      That's why any patent-related article on here turns into a shitstorm mere seconds away from invoking Godwin's law.

    5. Re:World Wide Web by AK+Marc · · Score: 4, Funny

      At least Hitler used encryption, you Nazi.

    6. Re:World Wide Web by Anonymous Coward · · Score: 0

      BTW, wouldn't the Enigma count as prior art? After all, the system of rotors effectively implemented a mechanical PRNG, with the initial positions as seed.

    7. Re:World Wide Web by AK+Marc · · Score: 1

      I was going to make that comment, but the Enigma was a one-way encryption (not a hash, but that it wasn't for two-way communications).

    8. Re:World Wide Web by chrismcb · · Score: 1

      t makes me wonder if the submitter (and editors) have any idea what SSL is.

      Don't know about the submitter... but the author needs to do more research. For one thing they claim the patent was applied for in 89, but the patent that they linked to, said it was applied for in 92.

  4. Really? by Ashenkase · · Score: 0

    Nevermind that the patent was actually filed in 1989, long before the World Wide Web was even invented.

    Your sure about that are you?

    1. Re:Really? by Ultra64 · · Score: 2

      "Your sure about that are you?"

      Yes? The web was invented in '92.

      Or are you saying the patent wasn't granted in '89?

    2. Re:Really? by Anonymous Coward · · Score: 1
    3. Re:Really? by tgd · · Score: 5, Informative

      "Your sure about that are you?"

      Yes? The web was invented in '92.

      Or are you saying the patent wasn't granted in '89?

      And, more relevantly, HTTPS didn't appear until 1994. (Netscape originated it, as an extension to the HTTP standard -- you needed their browser, and their webserver to be able to use it.)

      So, clearly this is all Netscape's fault.

    4. Re:Really? by Anonymous Coward · · Score: 0

      I also blame Netscape for 2girls1cup, goatse and rick-rolling.

      I never had problems like that using gopher.

    5. Re:Really? by Anonymous Coward · · Score: 0

      ummmm, HTTPS != SSL and SSL != HTTPS. dumpkoff.

    6. Re:Really? by AK+Marc · · Score: 1

      "Tim Berners-Lee, a scientist at CERN, invented the World Wide Web (WWW) in 1989."

      "The Web" was retroactively defined to allow CERN to be its inventor to help deflect the focus of the Internet being a US-only invention it let the rest of the world play on. The Internet pre-dates and is independent from "the web".

    7. Re:Really? by Anonymous Coward · · Score: 0

      "Your sure about that are you?"

      Yes? The web was invented in '92.

      Or are you saying the patent wasn't granted in '89?

      And, more relevantly, HTTPS didn't appear until 1994. (Netscape originated it, as an extension to the HTTP standard -- you needed their browser, and their webserver to be able to use it.)

      So, clearly this is all Netscape's fault.

      So, the timeline is: 1) patent granted, 2) tech using patent created, 3) users of tech sued. Whether or not you agree with the current rules, that seems kosher by them to me. Usually we get up in arms because 1) and 2) were reversed.

    8. Re:Really? by partyguerrilla · · Score: 1

      I take the opportunity to directly blame Netscape for Firefox's memory leaks.

    9. Re:Really? by Anonymous Coward · · Score: 0

      How we're meant to use any kind of encryption online without a protocol to exchange the keys* eludes me...

      *since that's what they claim is patented

    10. Re:Really? by Gr8Apes · · Score: 1

      No - it's a randomly changing keys, but even that's patently (excuse the pun) obvious to anyone within the encryption community. So this patent fails the obvious test as well.

      --
      The cesspool just got a check and balance.
    11. Re:Really? by chrismcb · · Score: 1

      Or are you saying the patent wasn't granted in '89?

      It was granted in 95

  5. It's Too Useful For the Public by Anonymous Coward · · Score: 1

    Cases like this might be bringing the patent system closer and closer to some form of "Intellectual Property Eminent Domain," which would be very suitable for something as widespread and important as SSL.

    1. Re:It's Too Useful For the Public by SleazyRidr · · Score: 1

      So if I come up with a great invention, which is so brilliant that the entire world starts to use it, my reward will be... having it taken away from me. That's not really much of an incentive, I think I'll just stick to my pentagon with rounded corners idea.

  6. Thanks Apple, Amazon, Dell, and Exxon Mobil! by frostfreek · · Score: 1

    Now I am in danger if I activate SSL on my website? Why didn't Apple grind them to dust? Are their lawyers too busy duking it out with Samsung?
    C'mon Google, take aim and give 'em both barrels!

  7. Damned patent troll by Stachybotris · · Score: 3, Insightful

    All it would take is Google or one other company with adequately deep pockets to actually take this guy to court and that would be the last we'd hear of Mr. Spangenberg or his trollish little company.

    1. Re:Damned patent troll by Stachybotris · · Score: 4, Informative

      Also, to clarify, this seems to not be over SSL itself, but rather over "using a shared seed value to generate pseudo-random key values at a transmitter and a receiver." RTFA on CipherLaw Blog.

  8. The real problem by dachshund · · Score: 4, Interesting

    Nevermind that the patent was actually filed in 1989, long before the World Wide Web was even invented.

    The problem here is not that the patent was filed before SSL was invented (about 1995) -- that could be fine, if SSL was using a patented technology that pre-dated its own invention.

    The problem here is that the attorneys are accusing the practice of 'sending network records over a wire and encrypting them with a stream cipher', where in this case the cipher is (I believe RC4). However RC4 was invented in the 1980s and should pre-date this patent. I'm certain that somebody used it to encrypt network traffic in an almost identical manner, so there should be prior art.

    Moreover, stream ciphers in general have been around for much longer than that. Someone somewhere has published/deployed this idea before. It should not be a live patent. Note that the case has never been tested by a court.

    1. Re:The real problem by somersault · · Score: 1

      Spangenberg defends the validity of Jonesâ(TM) work by pointing to a failed challenge to the patent filed by TD Ameritrade in late 2010, which was rejected by the Patent and Trademark Office.

      I don't know enough about the system to know if that means it went to court or simply was rejected by the USPTO itself.. but he says they spent hundreds of thousands and possibly millions on it, so that really sounds like it went to court.

      --
      which is totally what she said
    2. Re:The real problem by Anonymous Coward · · Score: 0

      Prior Art:

      http://en.wikipedia.org/wiki/World_War_II_cryptography
      http://www.navajocodetalkers.org/

      Semper Loquendo!

    3. Re:The real problem by Anonymous Coward · · Score: 0

      RC4 was 1987 - so afraid not

    4. Re:The real problem by Anonymous Coward · · Score: 0

      RC4 was 1987 - so afraid not

      Whoops, misread their patent date... was '89 so yes RC4 predates their patent.

      It looks like they're saying their patent covers the cipher used (it doesn't). So it doesn't matter that you use RC4 or something else.

      They're patenting a method of exchanging the keys to use for that cipher, and claiming using SSL/TLS to exchange the keys to use for RC4 violates their patent. http://www.cipherlawgroup.com/blog/tqp-sues-another-round-of-companies-on-cryptography-patent/

    5. Re:The real problem by dachshund · · Score: 1

      They're patenting a method of exchanging the keys to use for that cipher, and claiming using SSL/TLS to exchange the keys to use for RC4 violates their patent.

      Not precisely. Here is Claim 1 of the patent:

      providing a seed value to both said transmitter and receiver,
      generating a first sequence of pseudo-random key values based on said seed value at said transmitter, each new key value in said sequence being produced at a time dependent upon a predetermined characteristic of the data being transmitted over said link,
      encrypting the data sent over said link at said transmitter in accordance with said first sequence,
      generating a second sequence of pseudo-random key values based on said seed value at said receiver, each new key value in said sequence being produced at a time dependent upon said predetermined characteristic of said data transmitted over said link such that said first and second sequences are identical to one another a new one of said key values in said first and said second sequences being produced each time a predetermined number of said blocks are transmitted over said link, and
      decrypting the data sent over said link at said receiver in accordance with said second sequence.

      So note that the keys are already provided (exchanged) in the first limitation. Then there's the issue of deriving the receiver and transmitter keys. This could refer to the pseudo-random function (PRF) used to generate session keys in TLS, but my understanding is that they're only asserting this against RC4 configurations.

      That last clue is what makes me think that the "first sequence of pseudo-random key values" is RC4 output, and "encrypting" is XORing the plaintext with those values.

  9. A good few... by aManofFewWords · · Score: 4, Funny

    You must see the good in this man. He has set up well over 200 companies to make the point that software patents is a bad thing. He even tells this to all the companies and judges he can find. He will finally succeed and software patents will be abolished.

  10. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by Anonymous Coward · · Score: 0

    It's not profitable for Apple or Google, or any other large company, to stand up to patent trolls that annoy their entire industry. Apple probably spent more to settle than they would have to defend, but they are probably happy that this troll will cost their competitors as well.

  11. Lawyers... by Anonymous Coward · · Score: 0

    Lawyers... the peak of human anti-logic and stupidity after the belief that money is the best resource sharing technology ever.

  12. Trademarks by Anonymous Coward · · Score: 1

    Patents should be like Trademarks. Use it and protect it or lose it.

  13. 'New' SSL users 'safe' by beaverdownunder · · Score: 5, Interesting

    According to TFA, the patent apparently infringed upon has expired, however this mob can still sue people who used it in the past for the next six years.

    So, if you start a new company now that uses SSL you should be in the clear.

  14. Maybe sometimes "prevalent" should mean "free" by nine-times · · Score: 3, Insightful

    He may be on the correct side of the law as far as current patent law goes, but I'm of the opinion that, at least sometimes, the fact that it's prevalent means that it should be free. Particularly when it comes to computer software, and particularly when it comes to communications and the exchange of information. File formats should be able to be written and read without a license. You should be able to make your software communicate with others using network protocols that are unencumbered.

    I don't know that I have an objection to software patents per se, but when it comes to file format standards and network communications standards, you should not have to pay in order to participate.

    1. Re:Maybe sometimes "prevalent" should mean "free" by JaredOfEuropa · · Score: 1

      This. IP is not a natural right; it is a temporary privilege granted by society. As such, I don't see a problem with revoking a patent in certain cases, especially when the patent covers something that has grown into widespread use without the patent holder ever bringing suit for infringement (i.e. submarine patents).

      By the same token, the process for invalidating patents should be way easier than going through lengthy trials in court. For instance, if you have a well documented case of prior art, requesting a patent review from the USPTO should be enough to result in a speedy resolution (as well as suspending any court cases for infringement against you, pending the outcome of the review). If the patent is actually invalidated, then the patent holder can appeal in court.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    2. Re:Maybe sometimes "prevalent" should mean "free" by nine-times · · Score: 1

      I'm saying I think there should be a blanket exception for patents being applied to the exchange of information in computers. I'm not convinced to the point where I wouldn't be interested in hearing objections, and I don't know how you'd write the law, but that's what I think right now.

      So this would mean, for example, that Adobe can patent clever image processing techniques that they use in Photoshop, but if they use those techniques to create a new ultra-small file format, and GIMP includes support for that format, they can't sue GIMP for infringement for reading/writing that format. Perhaps they could still sue if GIMP uses the same techniques in image filters, but not in reading/writing file formats.

      I think this sort of logic should apply to file formats, file systems, and network protocols. In short, anything that is directly related to exchanging/sharing information and general interoperability of computer systems. My position may be radical, but I believe it would be an improvement.

    3. Re:Maybe sometimes "prevalent" should mean "free" by SleazyRidr · · Score: 1

      So, if I, as an inventor, produce a new invention which is so remarkably brilliant that the entire world starts to use it my reward will be... basically nothing. Whereas if I create a portable computer and patent the fact that it's a rectagle with rounded corners then I can collect untold riches.

      I agree that the current system stinks, but we need to be aware of the incentieves we're creating.

    4. Re:Maybe sometimes "prevalent" should mean "free" by nine-times · · Score: 1

      That's a terrible argument.

    5. Re:Maybe sometimes "prevalent" should mean "free" by chrismcb · · Score: 1

      but I'm of the opinion that, at least sometimes, the fact that it's prevalent means that it should be free.

      So the "big boys" can team up together and steal patents from the little guys?

    6. Re:Maybe sometimes "prevalent" should mean "free" by SleazyRidr · · Score: 1

      Why is it a terrible argument? Is it because you disagree with the premise of intellectual property completely, because you think every patented idea is something so simple that anyone could come up with it or for another reason?

      The modern world requires people of extraordinary prowess to invent the things we like to use and we need to give them a reason to do that rather than go into finance where they can make millions skimming money off the top. Yes, people are in general motivated by more than just money, but they still need to be motivated by something...

    7. Re:Maybe sometimes "prevalent" should mean "free" by nine-times · · Score: 1

      I was hoping you wouldn't ask for an analysis, but would realize yourself why your argument is poor. Your argument, as it's structured, is to contrast two events in order to illicit an emotional aversion to what seems like injustice:

      1. someone produces a patent good enough that the world uses and, and receives nothing.
      2. someone produces a design patent for a portable computer, and receives a lot of money

      So there are a few problems here. First, you're assuming that the two can't be the same. The guy who produces a design patent may have produced something so good that the world uses it. Your ability to contrast these ideas assumes that design patents are stupid and invalid.

      However, at the same time, your argument assumes that I *favor* those kinds of design patents and think that they should still be enforced, even though it's obvious that I'm suggesting some pretty major patent reform. It would be more reasonable to assume that I'd also favor design patent reform.

      Beyond that, your argument assumes that the purpose of the patent system to to reward inventors and punish people who steal ideas. However, it could easily be gleaned from my post that I don't share that view. I believe that the ultimate purpose should be to improve technological development and to improve the way our society functions. Any rewards to inventors or punishments to idea-stealers are only a means to that end.

    8. Re:Maybe sometimes "prevalent" should mean "free" by nine-times · · Score: 1

      Right, because that doesn't happen now.

    9. Re:Maybe sometimes "prevalent" should mean "free" by SleazyRidr · · Score: 1

      Alright, we're making progress. Thank you for opening up. I think we can both agree that the design patent issue is total crap, so let's drop that from our discussions.

      My concerns are around the next person to come up with a brilliant idea, possibly something so brilliant that we can't imagine what it is just yet. (S)He sees that the inventor of SSL (which they use every day) received no compensation for their work. Now there are some people who would be motivated by purely altruistic motives, and release the details of their invention to society at large, but this person decides that if society doesn't want to help them, why should they help society. They start up their own company, but unfortuneately they do not have the prowess for marketing that they have for invention, so the company fails and they die in a gutter. The brilliant invention never sees the light of day.

  15. Meet who? by Anonymous Coward · · Score: 0

    I already know plenty of douchebags. Why would i want to meet another one? And a lawyer one at that.

    Pass.

  16. How was this ever granted? by Anonymous Coward · · Score: 0

    The patent was actually filed in 1992. It describes a very poor stream cipher. SSL seems to "infringe" the generic stream cipher parts of the patent. However, since stream ciphers pre-date the patent (e.g. A5/1 from 1987 also used pseudo-random numbers) it's really not clear that the patent should ever have been granted.

  17. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by Anonymous Coward · · Score: 0

    But what if they were to lose? Having case law on their side would open up an even worse fate for every SSL enabled website out there.

  18. See also Marconi being sued by telegraph companies by dbIII · · Score: 5, Interesting

    Marconi was sued by telegraph companies that thought they had a fifty year monopoly on morse code. The communications IP legal situation has been a sick joke since at least then.

  19. Their patent is not even broad enough by Anonymous Coward · · Score: 0

    I don't see how their patent has anything to do with it. SSL encrypts the stream, not the pages.

  20. Patent Army by Anonymous Coward · · Score: 0

    It's too bad that when corporations go to the expense of acquiring huge patent portfolios to be used as legal weapons against other patent wielding companies, that they don't hire some specialized "patent mercenaries" to take handle the cases where their opponent isn't a company, just legal firm holding some patents. I saw a corporate hit team like this in the movie, Michael Clayton so they've got to exist, right?

    1. Re:Patent Army by Miamicanes · · Score: 1

      The problem is that in the US, you (or a corporation) can't take a patent owner to court (seeking to overturn his patent) unless you/the corporation have "standing" -- ie, an infringement suit has been filed against you. And the patent's owner can drop the suit against you at any time up to the final moment the judge rules it invalid (preventing the troll from suing YOU again, but not others). I might be wrong, but I believe that in China, it *is* possible for a coalition of likely victims to gang up on the patent's owner & sue to get it overturned.

      In the US, you CAN seek "re-examination", but it's expensive, the odds are overwhelmingly stacked against you, and (afaik), the only thing "winning" gets for you is immunity from treble damages if you act upon your victory, get sued for infringement anyway, and they prevail.

      The huge bug in the US patent system is that patents are presumed valid unless overturned in court, but courts operate on the assumption that patents wouldn't have been granted without merit, and there have been plenty of instances (particularly the late 90s/early 00s) when overwhelmed examiners approved questionable patents on the theory that the courts could sort out their mess later.

      The problem is compounded by American patent law's willingness to grant total blocking power to even the most incidental case of infringement. IE, if I hold the first patent on some primitive implementation that barely even works (if it works at all), and you *profoundly* improve upon it and make it viable, I can still block you from using it because my patent covers something more fundamental. I'm pretty sure that in China, there's a statutory process for compulsory licensing where someone who has the profoundly-improved patent could file the paperwork, then tell the owner of patent #1, "Shut up, take your fair share of the money, and file a lawsuit if you think you deserve more."

      In the US, patent owners have too much power to prevent their patent's use by others at *any* cost, sane or otherwise.

      There's no legal process to say, "Yes, I agree his patent is valid, but he's an asshole/troll/sociopath and is demanding more than its fair market value relative to the whole product, or is flat-out refusing to licence it at all." So, we have cases of companies restricting patent use to force you to go with one service provider or another -- RESTRICTING innovation, forcing consumers into false dichotomies, and preventing them from being able to have ideal devices that combine the best of everything -- from Edison's hated, inferior stock tickers to TiVo-vs-Dish/DirecTV/AT&T (cablecards don't work with them, so you CAN'T buy and use your own DVR) and Apple-vs-Samsung.

    2. Re:Patent Army by Dragonslicer · · Score: 1

      The problem is that in the US, you (or a corporation) can't take a patent owner to court (seeking to overturn his patent) unless you/the corporation have "standing" -- ie, an infringement suit has been filed against you. And the patent's owner can drop the suit against you at any time up to the final moment the judge rules it invalid (preventing the troll from suing YOU again, but not others). I might be wrong, but I believe that in China, it *is* possible for a coalition of likely victims to gang up on the patent's owner & sue to get it overturned.

      No, you can file for declaratory judgment that you don't infringe a patent. I'm not certain about declaratory judgment to have the patent invalidated, though Wikipedia states that you can. All it requires is a reasonable belief that there's an imminent threat of being sued. See Wikipedia for more.

      In the US, you CAN seek "re-examination", but it's expensive, the odds are overwhelmingly stacked against you, and (afaik), the only thing "winning" gets for you is immunity from treble damages if you act upon your victory, get sued for infringement anyway, and they prevail.

      If the USPTO rejects a patent as part of a re-examination, that patent is no longer valid. The re-examination process is more or less just like the original application process, so the successive appeals can take a few years. It's up to the judge if they want to delay a case pending the outcome of a re-examination.

      The problem is compounded by American patent law's willingness to grant total blocking power to even the most incidental case of infringement.

      A judge doesn't necessarily have to grant an injunction. It might be rare for a judge to refuse to grant an injunction, but it is allowed.

      There's no legal process to say, "Yes, I agree his patent is valid, but he's an asshole/troll/sociopath and is demanding more than its fair market value relative to the whole product, or is flat-out refusing to licence it at all."

      That's true, but it's no different than someone selling a Ford Pinto for $50,000. If you don't like the asking price, you can still steal the car and hope that the judge and/or jury orders restitution for the actual value of the car and not the ridiculous asking price. Patent infringement cases work the same way; just because the patent owner says that the patent is worth $5 billion, the judge and/or jury don't have to agree.

  21. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by Anonymous Coward · · Score: 0

    Let me dissuade you of what seems to be a fairly common misconception in the tech world:

    Businesses do not exist for your benefit. They exist to make money for themselves - period. Any benefit you may perceive is simply a by-product of their primary function. No matter how warm and squishy it may be.

  22. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by Anonymous Coward · · Score: 0

    If they legitimize this troll they can troll back later in the next 20 years for even more damages vs others. They consider it "the cost of doing business" and they (apple etc...) are glad that the cost is too high for you and me to engage in but they can just pay off the extortion fee. Infact this troll is a little like mob man they hire out to extort everyone and pretend to be victims too.

    Organized crime at its best. But the problem is of course in a system that enables this behavoir.

  23. Err what? by kiriath · · Score: 3, Interesting

    'I don't understand why just because [SSL is] prevalent, it should be free.'

    This statement is one of those really douchebaggy things that douchebags douche out.

    All of that being said, SSL needs to be replaced with something better anyway.

    1. Re:Err what? by truedfx · · Score: 1

      Er... No. That's one thing that he gets right. How widespread use of SSL is should be irrelevant. If a patent is crap, and there are less than ten people worldwide claimed to violate the patent, the fact that the patent is crap should still get them off the hook.

    2. Re:Err what? by joostje · · Score: 1

      All of that being said, SSL needs to be replaced with something better anyway.

      And what are you going to replace it with that isn't patented some way?

    3. Re:Err what? by kiriath · · Score: 0

      Something whose patent is not held by a douchebag.... obviously.

    4. Re:Err what? by Anonymous Coward · · Score: 0

      TLS?

    5. Re:Err what? by thegarbz · · Score: 1

      Well the same thing applied to the CSIRO patent on critical WiFi technology. It was prevalent and suddenly a few people decided they didn't want to pay licence fees. Does that make the CSIRO douchebags for chasing after the fees in court simply because everyone uses WiFi?

      While I agree he's a douchebag I don't agree with the premise by which you have labelled him one.

      Simply being a lawyer should be qualification enough for the term.

  24. Patent idiot here by advantis · · Score: 1

    Sorry if this is totally off, but aren't patents supposed to prevent the manufacturing and distribution and/or selling of the patented items, and have nothing to do with the usage? That means this statement is at least misleading, if not down right lying: “When the government grants you the right to a patent, they grant you the right to exclude others from using it.”

    To clarify: If I use SSL on my website, I don't think this patent applies to me. I didn't make SSL, and I'm not providing SSL for download. Go sue the OpenSSL guys, or sue Debian, Red Hat and Canonical for distributing your patented thingy, and hope the EFF doesn't chime in.

    The big guys who settled are making and selling products that ship SSL within. Except Exxon Mobil - I have no idea what they could sell me with SSL in it, and appear to have settled just because the inconvenience of a lawsuit wasn't worth it. If he isn't asking for crazy amounts, the big guys may not even twitch and just pay up. As in "hey, I see your patent, it doesn't look like it could hold in court, but... you're asking for peanuts, so here you go, please go away". Because in that case the lawyers would cost a lot more just to throw the case out of court, and this guy's company doesn't have any assets that can be reposessed to cover the costs.

    Conclusion: he's not going to sue anyone small, and he'll stop when all the big cows have been milked - unless he meets the wrong kind of cow before then.

    --
    Question for religious people: where do unrepentant masochists go when they die?
    1. Re:Patent idiot here by PRMan · · Score: 2

      Actually, patents were invented to force licensing of ideas, so that everyone can play. Somehow, in the past 200 years, we've changed that into "it's my ball and I'm going home".

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    2. Re:Patent idiot here by Anonymous Coward · · Score: 1

      U.S. patent law prohibits mere usage as well.

    3. Re:Patent idiot here by codegen · · Score: 1

      Sorry if this is totally off, but aren't patents supposed to prevent the manufacturing and distribution and/or selling of the patented items, and have nothing to do with the usage? That means this statement is at least misleading, if not down right lying: “When the government grants you the right to a patent, they grant you the right to exclude others from using it.” To clarify: If I use SSL on my website, I don't think this patent applies to me. I didn't make SSL, and I'm not providing SSL for download. Go sue the OpenSSL guys, or sue Debian, Red Hat and Canonical for distributing your patented thingy, and hope the EFF doesn't chime in. The big guys who settled are making and selling products that ship SSL within. Except Exxon Mobil - I have no idea what they could sell me with SSL in it, and appear to have settled just because the inconvenience of a lawsuit wasn't worth it. If he isn't asking for crazy amounts, the big guys may not even twitch and just pay up. As in "hey, I see your patent, it doesn't look like it could hold in court, but... you're asking for peanuts, so here you go, please go away". Because in that case the lawyers would cost a lot more just to throw the case out of court, and this guy's company doesn't have any assets that can be reposessed to cover the costs. Conclusion: he's not going to sue anyone small, and he'll stop when all the big cows have been milked - unless he meets the wrong kind of cow before then.

      Actually patent infringment include use. Patent holders can choose to sue users as well. Its true that users are not often sued, but in situations where the patented invention is used privately without distribution, the user can be sued.

      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
    4. Re:Patent idiot here by tibit · · Score: 1

      Now be careful. Isn't infringing use limited to process patents?

      --
      A successful API design takes a mixture of software design and pedagogy.
  25. Not really by SmallFurryCreature · · Score: 1

    Read the article, the guy has different companies for each patent. That is one of the signs to recognize a patent troll, create a shell company with no assets and no product so if you loose, you loose nothing and they can't counter sue because you have no product so nothing that can infringe.

    Many big companies just consider this the cost of doing business and just pay up, thereby feeding the leech to become ever stronger. But fighting it would gain you nothing except a warm feeling.

    mind you, most of the big companies are jealous they didn't think of it first. Apple sued by a patent troll? Awh!

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Not really by Anonymous Coward · · Score: 0

      It's "lose", not "loose". Loser.

  26. Oh, You Mean Like Apple? by eldavojohn · · Score: 1

    All it would take is Google or one other company with adequately deep pockets to actually take this guy to court and that would be the last we'd hear of Mr. Spangenberg or his trollish little company.

    From the summary:

    And while most of those lawsuits are ongoing, many companies have already settled with TQP rather than take the case to trial, including Apple

    A company with deep pockets? $100 billion dollars isn't "adequately" deep enough?

    I don't know anything about this patent but if there was a company that thought they'd have the money to shut these guys up, it'd be the elephant in the universe with so much money they have a dividend and share repurchase program.

    --
    My work here is dung.
  27. This should be illegal by RobertLTux · · Score: 2

    a Proposed penalty is if you get convicted of being a "patent troll" and try to use a submarine patent (or purchase an otherwise inactive patent to use as a submarine patent) ALL patents held by you are rendered VOID and are now Prior Art as applies.

    also to violate a patent you should have to hit each and every claim (no partial claims allowed) unless the claims form a complete set but have Common Sense branches (deploying a patent in a Fixed Mobile land Mobile Air Mobile Water manner would be one)

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  28. he's not the problem by circletimessquare · · Score: 0

    there's always some asshole like this

    the problem is an intellectual property legal status quo that actually empowers these douchebags

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  29. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by arth1 · · Score: 2

    Now I am in danger if I activate SSL on my website?

    No, because the patent has expired.
    You are in danger if you enabled SSL[*] on your web site back when the patent was active. Then you can be sued now over it.

    [*]: Or used any other of a wide range of symmetric encryptions facilitated by a handshake, web or no web.

  30. Prior art by Chrisq · · Score: 5, Informative

    Also, to clarify, this seems to not be over SSL itself, but rather over "using a shared seed value to generate pseudo-random key values at a transmitter and a receiver." RTFA on CipherLaw Blog.

    Isn't CTR-mode use of a cipher block prior art? This was invented in 1979 by Dife and Hellman and in effect turns a key into a series of pseudo random values which are xored with the plain text.

    1. Re:Prior art by VortexCortex · · Score: 2

      Yes, but if you replace Alice and Bob with Transmitter and Receiver, Now THAT'S Innovation!

      Protip: Just shit-can the whole patent system. No one uses it. If you want to do something, you just go invent your own solution, you don't go trawling through the PTO data base to find some pre-made solution explained as obtusely as possible and try to decipher it and apply it to your project, then contact the owner of said patent (if still valid), and pay them for the right to do all the work you just did... The PTO is fucking useless. To anyone who says otherwise: PROVE IT. You have no proof the patent system is beneficial. Let's run the experiment and kill the patent system, so we can find out. Until then, we're continuing to run our entire business and economy on an untested hypothesis... It's dumb as hell.

    2. Re:Prior art by chrismcb · · Score: 1

      Protip: Just shit-can the whole patent system. No one uses it.

      Michael Jones would disagree with you on that!

  31. Poor americans by Anonymous Coward · · Score: 0

    We, in the rest of the software-patent-free world, can happily ignore this kind of counter-productive nonsense.

  32. His mom must be so proud by Genevish · · Score: 4, Funny

    When the democrats say, "you didn't build that", maybe they mean this guy?

    1. Re:His mom must be so proud by Anonymous Coward · · Score: 0

      The core problem. This piece of shit gets rewarded by the system for his behaviour, while those who actually create and invent things are threatened with blackmail.

  33. would it really be that had to put the pat # by Anonymous Coward · · Score: 0

    in the article, since you can look for free at full text
    www.uspto.gov
    www.patentlens.com

    and of course all the loathsome companies that charge you (!) for pdf of a patent, in case you are to stupid to know that they are free

  34. Suing for an expired patent? by Anonymous Coward · · Score: 0

    Why should anybody be allowed to sue for a patent six years after it expired? Isn't the whole point of the patent expiring that you can't sue anymore?

    1. Re:Suing for an expired patent? by jackbird · · Score: 1

      They're suing within the statute of limitations for infringement that happened before the patent expired.

    2. Re:Suing for an expired patent? by nedlohs · · Score: 1

      Because it was violated before it expired..

  35. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by radiumsoup · · Score: 2

    Actually, Google has a track record of doing exactly that. They just fought (and lost) a case this last week to a patent troll company. In it, the jury awarded a 3.5% royalty of (bear with me here) the amount of demonstrated revenue increase for the previous year of infringement for U.S. revenues, plus 3.5% going forward until the patent expires. This amounts to an estimated $700-900 million over the next 4 years. http://www.reuters.com/article/2012/11/08/idUS136757+08-Nov-2012+HUG20121108

    They could have settled for about half that based on the offers the patent holder made, but they went to the mattresses, and lost big time, even though the evidence was CLEARLY in favor of the patent inventor. (He was CTO at Lycos, who owned the patent before they went tits up and sold it back to the inventor, who formed the company which sued Google.)

    So, even when Google KNOWS they're infringing on a valid patent, they still fight it to the end. Why would they start settling cases in which they know they are not infringing a patent?

  36. in other news... by Anonymous Coward · · Score: 0

    TQP just got Pwned and wiped off the face of the Internets

    1. Re:in other news... by Anonymous Coward · · Score: 0

      they already intentionally didn't even have a website

  37. patent examiners should read wikipedia by itmo · · Score: 2

    http://en.wikipedia.org/wiki/Stream_cipher apparently somebody has patented something related to stream ciphers in 1946 , so I assume there is prior art somewhere there..

  38. Let him know.... by Anonymous Coward · · Score: 1

    erich@ipnav.com

  39. Wrong! by Anonymous Coward · · Score: 0

    “If you buy a hundred-foot lot in the middle of Manhattan, you’re not required to develop it[sic]”

    The attorney is a Complete Moron. This is patently false.

    1. Re:Wrong! by AK+Marc · · Score: 1

      So if there were an empty lot of that size left in Manhattan, you, as a buyer, are required by law to develop it? I know some places have rules on what you can do, but I didn't know any required that if you bought land, you then are required to add to it.

    2. Re:Wrong! by darkain · · Score: 1

      Yes, that is indeed a thing. In Rendmond, WA, part of the city has this law in effect. A local business there that I deal with had this issue, they had a chunk of land for "future development", and had a timeline given to them by the city in which it had to be developed, or sold to someone else who would (which, of course, ended up being sold to Microsoft, who practically owns the entire city)

  40. Why shouldn't SSL be free? by Anonymous Coward · · Score: 0

    "I don't understand why just because [SSL is] prevalent, it should be free.'"
    Why shouldn't it? By default knowledge is free for all. The only reason creators were given exclusive rights over the knowledge they produced was under the premise that without guaranteeing reward through such a temporary monopoly, further innovation will stifle.
    This has nothing to do with prevalence. What we should ask is, has the rights that were given to the innovator facilitated to produce further innovation? And now, do they still?
    I personally doubt the plausibility of a scenario in which, for the sake of further innovation, a software should be awarded protection beyond 5 years.

  41. But not the golden goose by EZLeeAmused · · Score: 1

    "practically anyone who encrypts pages of a web sites to protect users' privacy"
    but conspicuously not the U.S. Govt.

    --
    Some see the vessel as half full; others see it as half-empty; We pour it out on the floor and laugh
  42. Location by Anonymous Coward · · Score: 0

    179 W. Front Street, Suite 244, Tyler, Texas 75702.

  43. And... by WillyWanker · · Score: 1

    I don't see why patent troll lawyers shouldn't be set ablaze for free.

    1. Re:And... by VortexCortex · · Score: 1

      I don't see why patent troll lawyers shouldn't be set ablaze for free.

      You're assuming they currently aren't. From where they stand, bands of 12 angry citizens rule the night flagrantly exercising their right of Jury Nullification and frequently burning patent troll lawyers at the stake. However, In your particular corner of hell, the situation is understandably somewhat different.

    2. Re:And... by Commontwist · · Score: 1

      Patent oxygen chemical reactions, tell all the patent lawyers that breathing is no longer 'free', and quote this guy when you tell them. Fun times!

    3. Re:And... by Neil+Boekend · · Score: 1

      That must be what heaven and hell look like. The patent troll enter a hell where it's allowed to set them ablaze. The rest of us go to the same place as heaven because we are allowed to set them ablaze.

      --
      Well, I might have a way, but it only works on a semi spherical planet in a vacuum.
  44. This guy... by Anonymous Coward · · Score: 0

    What a jackass.

  45. Send in the SEALs by concealment · · Score: 1, Insightful

    Double-tap to the forehead, then exfil with the tango wrapped in a carpet. In unmarked ocean, give him a burial at sea.

    This guy probably has a legitimate patent on handshaking that has the capacity to switch encryption keys. However, he's generating massive collateral damage in exchange for his personal profit, at the expense of industry.

    That in itself is not an efficient solution, and means he's essentially taking from each of us each time he unnecessarily raises costs...

    Which brings me back to the SEALs. Hoo-rah!

  46. Why isn't the RSA patent listed as prior art? by Anonymous Coward · · Score: 0

    After all that was granted back in the middle 70's...

    1. Re:Why isn't the RSA patent listed as prior art? by durdur · · Score: 1

      SSL involves more than just usage of the RSA algorithm (and doesn't necessarily depend on that algorithm).

    2. Re:Why isn't the RSA patent listed as prior art? by Anonymous Coward · · Score: 0

      If you are referring specifically to block chaining, that was done by MIT for Project Athena... in Kerberos, still the early 80s. By the time Kerberos 4 (late 80s) came out it was used all over the place.

      But the original RSA used (as I recall) block chaining to extend the amount of data being encrypted. Basic RSA was (again from memory) limited to 64 bits.

  47. And that's why I love living in Europe by NaughtyNimitz · · Score: 1

    This nutjob has not change in hell he will win in our courts even though +500.000 of our users are U.S. based.

    Damn, I love the EU. Truly the land of the free*.

    *excluding guns, hard drugs,...

  48. Wow by Murdoch5 · · Score: 1

    Erich Spangenberg embodies everything Apple stands for! Countless lawsuits for pure profit. Will they offer him a job?

  49. Intel could have stopped this long ago. by Anonymous Coward · · Score: 0

    The point of absurdity here is that Intel didn't just sue his ass off for patent infringement when he first knocked on their door.

    This is a software patent. He likely uses a computer with an Intel chip in it. Thus Intel owns all of his software patents for things that run on Intel processors. Why?

    A software patent is invalid because software is math. Specifically, software is a mathematical proof of the functionality of an electro-mechanical system, like an Intel CPU. Intel holds patents on their CPU's. Thus software patents for things that run on Intel CPU's are re-patented manifestations of what an already-patented Intel CPU can already do. Thus, prior art, and Intel owns that prior art.

    They should have stayed the course, counter-filed against him, and taken all of his toys and broken them in a court of law. Then he'd be up the proverbial creek, and we wouldn't be hearing this absurdity EVER AGAIN.

  50. The first thing we do, let's kill all the lawyers. by p51d007 · · Score: 1

    Only thing from Shakespeare I remember LOL.

  51. Because, Mr. Spangenberg ... by Rambo+Tribble · · Score: 1

    ... someone with far greater provenance in this matter, than you, already decided it should be free.

  52. You guys are all hypocrits and hillarious. by Anonymous Coward · · Score: 0

    Its funny because I see so many people who want to dump on this guy for doing what he legally is allowed to. So this guy is operating within the limits of the law and yet you shit on him? Give me a break. You guys just want a reason to complain is all. He owns a patent, he feels its threatened, he takes action, thats all he is doing. But you guys act like anything to do with a patent anymore is a person skinning babies alive and forcing them to work in porno movies while smoking crack and eating kittens alive while making racist comments and pissing on anne franks corpse.

    This guy isnt bothering you, he isnt effecting your lives. If you didnt read this on here today youd never have even heard of him.

    Just because its a patent related topic everyone wants to get onboard against whoever does the suing for no reason at all and be overly judgemental when in reality you arent involved or know any intimate details. Like how anymore when the word patent shows up everyone wants to start using patent troll because its this months buzz word for sounding like youre smart and savvy to a bunch of strangers on the internet.

    Especially how people seem to love calling people patent trolls and then demand their execution like some criminal because lets face it, if you owned a patent and someone else was using it without your permission you would sue them also but you all act like you wouldnt. By your logic of what you think of patent trolls if someone robbed your house you would just let the people and not try to stop them or call the police, but if I called the police you would be upset with me. So your all hypocrits.

    1. Re:You guys are all hypocrits and hillarious. by Anonymous Coward · · Score: 0

      Mitt, you lost the election; let it go...

    2. Re:You guys are all hypocrits and hillarious. by Anonymous Coward · · Score: 0

      So you think someone who buys a patent that wouldn't hold up in court yet is able to milk money with it because the cost of defending yourself is so high a legitimate act? Obviously it is legal but morally you have no problem? The law is clearly broken here. The guy never intended to use this to develop anything with it, just to get money for his Mc Mansion by exploiting the insane legal costs in this country.

      You complain about others having the nerve to complain, you sound like a pathetic hypocrite yourself.

    3. Re:You guys are all hypocrits and hillarious. by neminem · · Score: 1

      In some places it's legal to stone women to death for getting raped.

  53. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by tibit · · Score: 3, Insightful

    You're treating those businesses like sentient beings. Stop with that. A business does no more and no less than what the people in charge of the business want done. If you're a money-at-all costs scumbag, sure, that's how your business will operate. It's not a law of any sort that a business has to be run that way. And stop spreading the fiduciary-duty-to-shareholders bullshit, because it's tired and old and not true at all. Shareholders who invest in a business decide for themselves if their investment goals are aligned with those of the business. Nobody forces them to invest in a business that is not all about maximizing shareholder ROI.

    --
    A successful API design takes a mixture of software design and pedagogy.
  54. Re:See also Marconi being sued by telegraph compan by Anonymous Coward · · Score: 0

    Nice karma then, seeing as Marconi stole Tesla's radio design because his own patented systems didn't work.

  55. Don't worry about it by Hoi+Polloi · · Score: 1

    He is just suing to make sure the patent he worked so hard on researching and developing isn't stolen so that he can use it to develop a business around it. Oh wait, he just bought it so he could just use it to extort money from deep pockets and those that can't afford to defend themselves.

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
  56. to be fair by sh0rtie · · Score: 1

    not to stereotype but the clue to him being a douchebag is in his surname.
    week after week day after day the same name styles crop up whenever trouble is happening, coincidence ?

    1. Re:to be fair by Anonymous Coward · · Score: 0

      Yeah, I noticed that too. They all have J.D. at the end of their name.

  57. Interesting times by gmuslera · · Score: 1

    It don't need to be bad, just an opportunity to change things. Why not sue not big/small internet companies, but politicians, government and associated consultants, lobbyists and so on? If they can't use encrypted communication, will force the government to be truly transparent. Or abolish that kind of patents (that will be less costly for them, they can break all the international laws for chasing someone that hints that could disclose a small portion of what they really do). In either case, we win.

  58. and little girl wives by Anonymous Coward · · Score: 0

    Land of the free
    excluding guns, hard drugs...

    and little girls wives.
    So basically you are allowed nothing any good.

  59. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by mlk · · Score: 1

    I'm a little confused by this.
    I'm the owner of a (potentially) patient violating Galaxy phone. Could Apple go after me or only Samsung? If only Samsung, why is SSL different? If I enabled SSL on my-little-webpage.invalid then I'm enabling a feature provided by a 3rd party (Apache or Microsoft depending on the box).

    --
    Wow, I should not post when knackered.
  60. He's in Texas. by Anonymous Coward · · Score: 0

    Subject of the comment explains the reasoning behind this move.

  61. Hey guys by Captain.Abrecan · · Score: 0

    Do any of you have a link to the patent in question? Then maybe we could speculate on it's validity and share some opinions. I would like to see it, personally. There is always the chance that it is a real innovation, and we should look into it. That way we can decide if the pre-webernet patent is relevant in application to the internet. I am not implying that this is not a patent troll, I'm just saying that maybe we should look at each case individually. Still, I quote the linked article: "TQP is just a small part of Spangenberg’s empire of 247 IP-focused companies, most of which were created with the sole purpose of holding patents and filing lawsuits against those unlucky enough to infringe them." If any of the cases gain traction in the legal system, surely a competent judge will throw the case out because of the basis of his business? Right?

    OTH, if the litigated firms can just parry the court stuff for six more years then it won't really matter. But seeing how fast things are progressing with tech recently (with the tech sector being integrated with all the sectors, so prevalant!), this is probably an important topic. Especially since I my bank's website and various retailers utilize SSL, this may impact the customer base of many companies.

    Also, do we have another security thing that we could use instead of SSL if we need to?

  62. Erich Spangenberg? by Anonymous Coward · · Score: 0

    What sort of a name is that???

    But the bugger certainly deserves to be stripped naked, coated in honey and pegged out next to an anthill.

    Its always fun seeing something putting the bite on a lawyer...

  63. white hat holding companies upping the ante?? by davidwr · · Score: 1

    How soon before a "white hat" patent-holding company starts licensing patents under these conditions:

    1) implementations (i.e. software implementing the patent) be licensed, not sold (to avoid "doctrine of first sale" and "patent exhaustion" issues)
    and
    2) that any implementations made be licensed on the conditions that
    2a) they are never used for a certain set of blacklisted purposes, such as being used in the preparation of any lawsuit to prosecute a "software patent,"
    and
    2b) that they are never used by certain of companies or individuals, such as a specific list patent-troll companies, a specific list of their executives, and a specific list of their lawyers.

    While I doubt any such "condition" would survive court challenge, it would get a lot of publicity while it was working its way through the courts.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  64. His picture by andrewa · · Score: 1

    looks exactly like I expected it to...

    --
    :(){ :|:& };:
  65. Why now - statute of limitation by Anonymous Coward · · Score: 0

    I think that if you receive a patent that you should have a statute of limitation as to when you can start filing a lawsuit in addition to when you have to stop filing a lawsuit. Even though patents last for 20 years why is it that people wait to file a lawsuit, even though they know full-well that their patent is being infringed; is it because they need to wait and see if there is money to be made from it? If you have a patent then you should be limited to filing a lawsuit within 2 years of someone infringing upon your patent...otherwise you have no claim since you're most likely just trying to profit off the effort of the infringing party.

  66. Re:The first thing we do, let's kill all the lawye by Anonymous Coward · · Score: 0

    ``kill all the lawyers'' --picard
    ``which was done'' ---StarTrek Q

  67. My enemys enemies are my friends... by LongearedBat · · Score: 1

    targets have included Apple, Google, Intel, Dell, Hewlett-Packard, every major bank and credit card company

    It would be very interesting if these companies filed some sort of class action in retaliation. Partly because it would be a rare occurrence, and partly because of the combined might that those companies could vent upon TQP.

  68. Re:See also Marconi being sued by telegraph compan by stiggle · · Score: 1

    Marconi bought all the patents from Oliver Lodge for radio, aswell as moving coil loudspeakers.
    Lodge was after Telsa, but patented stuff.

  69. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by arth1 · · Score: 1

    I'm a little confused by this.
    I'm the owner of a (potentially) patient violating Galaxy phone. Could Apple go after me or only Samsung?

    They could go after you. They won't, because there's nothing in it for them, but they could.

    35 USC Â 271 states:
    (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

    That said, many patent case settlements with manufacturers will have a clause barring the patent holder from going after the end users.

  70. Nevermind? by wonkey_monkey · · Score: 0

    Nevermind that the patent was actually filed in 1989

    Nevermind is an album by Nirvana, not a word.

    Yours faithfully,

    Captain Pedantic

    --
    systemd is Roko's Basilisk.
  71. Move along, no logic to see here... by fldsofglry · · Score: 1

    'I don't understand why just because [SSL is] prevalent, it should be free.' With logic like this, how could we ever run into problems. Apparently prevalence is the main benchmark of viable patents. Why didn't I realize this before? Calling a lawyer now to patent water...oh, and my genes.

  72. Fixing the patent system by samwhite_y · · Score: 4, Insightful

    This is just another in a long series of slashdot articles that have pointed out the broken nature of our patent system. What I have not seen is any serious proposals for fixing the issues beyond "throw it all out". I have to agree that making software (even software running in specific hardwire specifications) something that you cannot patent is superior to the current patenting solution. Something similar could be said about some of the pharmaceutical patenting that is going on as well (make it last "seven days" instead of "one", get to extend my patent).

    What if we made patents peer reviewed by a group of high profile experts in the field in which the patent is filed. So notable software professionals would be consulted for software patents. This group would use a high bar on the "obviousness" and "prior art" test so that rewriting prior art into a different language and giving a slightly different spin would not make it past this group. The group would be paid based by on the (likely to be substantial) fees charged to the person filing the patent. This is how research articles are handled for the best scientific journals. If a patent is laughably far from being publish worthy for a reputable scientific journal, why are we letting it control millions (or billions) of dollars of commerce? Currently, we are forcing our higher courts to learn all types of arcana before they are able to kill a patent based on prior art and obviousness. Using a group of true experts (not the underpaid and overworked staff at the patent office) would do a lot to improve the situation. Patent lawyers are not a sufficient substitute.

    1. Re:Fixing the patent system by Anonymous Coward · · Score: 0

      The problem with using a group of experts in the field is that they are likely to be biased against outsiders. This problem exists in scientific journals today. Outsiders who invent something new have a harder time gaining the respect they deserve. In academic journals, this isn't a critical problem. The paper can still be published in a second or third tier journal, and over time the author will gain his deserved respect. With patents, this is a critical problem. The patent can't be retroactively granted. It's either granted or denied.

    2. Re:Fixing the patent system by remadeus · · Score: 1

      > This is just another in a long series of slashdot articles that have pointed out the broken nature of our patent system I assume you mean the US patent system. I my section of the world something like this would never see the light of day. From my point of view, there must be many parties of interest, who make billions of dollars (per decade), resulting in the delays in reforms. There is just too much money to be made. This problem is so bad in the US, it looks like Third World country politics, horifficly infantile

      --
      Smith & Wesson: The original point and click interface :)
  73. Don't you need to provide proof of technology by Ravaldy · · Score: 0

    Don't you need to provide a defined protocole layout or something of the sort? Are you telling me that I can get a patent right now for mind controlled input devices without having developed mind input devices?

  74. TFTFY by Anonymous Coward · · Score: 0

    If the punchline of your joke has been reduced to an abbreviation, then it's time to get a new joke.

    1. Re:TFTFY by thePowerOfGrayskull · · Score: 1

      If the punchline of your joke has been reduced to an abbreviation, then it's time to get a new joke.

      OMG WTF BBQ!

  75. You pedantic piece of shit by Anonymous Coward · · Score: 0

    "Technically, it is not a protocol in itself; rather, it is the result of simply layering the Hypertext Transfer Protocol (HTTP) on top of the SSL/TLS protocol, thus adding the security capabilities of SSL/TLS to standard HTTP communications." - http://en.wikipedia.org/wiki/HTTPS

  76. You Eurotrash piece of shit by Anonymous Coward · · Score: 0

    Yea, America sucks, it's not like they provide the technology that is the basis of your modern civilization, You should stop using ASCII (which you've extended as ISO-8859), Unicode, C, Unix, TCP/IP, Ethernet, ...

    1. Re:You Eurotrash piece of shit by NaughtyNimitz · · Score: 1

      Not America Sucks; your Legal and Patent system sux. Fix it before you spoil the internetz again with boring stories...

    2. Re:You Eurotrash piece of shit by Anonymous Coward · · Score: 0

      Then offer an alternative where those who invest in research and development and invent new techonlogies can get paid. Or are you going to sit around with your thumb up your ass waiting for the technocracy tipping point to make money obsolete so you can wile away your days sucking cocks?

  77. Re:Incorrect usage of Sic... by Anonymous Coward · · Score: 0

    It should have been "I don't understand why just because [SSL] is prevalent, it should be free."

    Sic is used when quoting something that may be incorrect, to show that what has been written is in fact what was quote. It doesn't apply when inserting a word to make the context of the quote clear.
    The defendant claimed that he had "slupped [sic] on a banana skin". This is an example of how "sic" should be used.

  78. I claim ... by PPH · · Score: 1

    ... squatters rights. Spangenberg didn't defend his property. We've been using it long enough that we have an easement.

    --
    Have gnu, will travel.
  79. Why the refference to 1989 and the web? by angel'o'sphere · · Score: 1

    The internet is older than the web.
    SSL stands for 'secure socket layer' and can be used to channel any protocol.
    E.g. my eMail comes via POP 3 via SSL on port 995.

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  80. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by TheP4st · · Score: 1

    I'm the owner of a (potentially) patient violating Galaxy phone.

    Is it an S III and the (potential) patient goatse?

    --
    "I have downloaded hundreds and hundreds of records, why would I care if somebody downloads ours?" Robin Pecknold
  81. 1989 by fa2k · · Score: 1

    2012 - 1989 = 21

    Isn't it expired by now?

    1. Re:1989 by fa2k · · Score: 1

      Please ignore above. I didn't read the summary

  82. Because it's prevalent by nikolardo · · Score: 1

    It should be free precisely because it's prevalent.

  83. Yet another shady lawyer by Anonymous Coward · · Score: 0

    Just dig into this guys past. According to the article, he owns an empire of 247 patent troll companies. This tells me he is deliberately trying to hide things from the courts (patterns of lawsuits, etc).

    1. Re:Yet another shady lawyer by Anonymous Coward · · Score: 1

      Actually it splits up his illicit profits between 247 "on paper only" companies so he can't be counter-sued when he overextends his claims.

  84. Greed by SuperTechnoNerd · · Score: 1

    When greed is rewarded by the government. Greed is what you get.

  85. Re:See also Marconi being sued by telegraph compan by Xacid · · Score: 1

    Tesla even gave Marconi his blessing.

  86. ..no "generic" patents. by Anonymous Coward · · Score: 1

    ' The purpose of patents is to advance science and the useful arts by providing inventors with a motive to publish the details of their inventions, so that other inventors can learn from them, and either license them or explore new possibilities."

    -Then by definition there should be no "generic" patents. These patents don't actually explain how things are accomplished, they only state the end result. That does not benefit anyone.

  87. Sounds like legalized extortion by scottbomb · · Score: 1

    Another great reason for patent/copyright law reform.

  88. A small distinction by Anonymous Coward · · Score: 0

    Not "suing anyone who uses SSL", "suing anyone who uses SSL and has lots of money."

  89. Re:Incorrect usage of Sic... by Anonymous Coward · · Score: 0

    "[sic]" is used when something being quoted is spelled incorrectly. It's used to denote that fact that the error isn't the fault of the person doing the quoting.

  90. FRAND? by Anonymous Coward · · Score: 0

    So, if SSL is now a standard, then should it not be subject to FRAND?
    I don't quiet grasp the issue, not my discipline.

  91. If you don't defend a patent you should lose it by Khashishi · · Score: 1

    I don't know what the current legal state is, but patents should be like trademarks: if you don't assert the patent for a number of years, then it should be invalidated, to prevent patent owners from pulling out these surprise patents after allowing the technology to gain market share unimpeded.

  92. Oblig. by Anonymous Coward · · Score: 0
  93. Not everyone by Yvanhoe · · Score: 1

    Only people living in a country where software patents are legal. This is why I'll be skipping Silicon Valley on my next round of investment hunting.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  94. Re:Prior art in 1979 Diffie and Hellman by girlinatrainingbra · · Score: 1

    West of the Rockies, it's known as Diffie and Best Food ;>)
    Just a joke, people, just a joke.

  95. Spongebob? by Anonymous Coward · · Score: 0

    Is he really named 'Eric Spongebob'? Ha ha!

  96. Good by WOOFYGOOFY · · Score: 1

    Good. Because what we need are a LOT more lawsuits just like this one so the whole software patent fiasco finally implodes.

    Software patents are fundamentally wrong for reasons we all know too well to recite here. But what is going to stop the system? Thew surest way to stop the system is to have it collapse under its own weight. Everyone always suing everyone over everything is the final place software patents will go if left unchecked. We have been saying this for a decade at least now. So why interfere with your enemy while he's busy committing suicide?

  97. Re:Thanks Apple, Amazon, Dell, and Exxon Mobil! by chrismcb · · Score: 1

    No. The patent has expired.

  98. capstard by Anonymous Coward · · Score: 0

    circletimessquare helped his uncle jack off a horse

  99. SSL for Websites by Anonymous Coward · · Score: 0

    My personal website does not use SSL (HTTPS) yet but maybe in the future. As for my professional website it has used SSL (HTTPS) since Day One and automatically converts HTTP requests to HTTPS.

  100. Patent Trolling a Viable Business Model by utkonos · · Score: 1

    "many companies have already settled with TQP rather than take the case to trial, including Apple, Amazon, Dell, and Exxon Mobil."

  101. Hurry the hell up and... by Nethemas+the+Great · · Score: 1

    secede already!

    --
    Two of my imaginary friends reproduced once ... with negative results.
  102. punishment by mattack2 · · Score: 1

    Yes, I think all sentences are punishment. That's why you get fined or put in prison.. for punishment.

  103. form letter reply by cas2000 · · Score: 1

    "We refer you to the reply given in the case of Arkell v. Pressdram."