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Rackspace Goes On Rampage Against Patent Trolls
girlmad writes "Rackspace has come out fighting against one of the U.S.'s most notorious patent trolls, Parallel Iron. The cloud services firm said it's totally fed up with trolls of all kinds, which have caused a 500 percent rise in its legal bills. Rackspace was last week named among 12 firms accused of infringing Parallel Iron's Hadoop Distributed File System patents. Rackspace is now counter-suing the troll, as the firm said it has a deal in place with Parallel Iron after signing a previous patent settlement with them."
The laws must be changed.
Rackspace is now counter-suing the troll, as the firm said it has a deal in place with Parallel Iron after signing a previous patent settlement with them.
So what they are REALLY saying is...
Honey, we left the cash on the dresser, and now you want more?
If you want news from today, you have to come back tomorrow.
Patent trolls go after those who will settle. Let that be a lesson before paying off the next troll.
It might as well be spam in my inbox.
Why not just link the damn blog post by Rackspace itself? link
Someone flopped a steamer in the gene pool.
As I understand it, HDFS is just a clone of Google's GFS. What IP could Parallel Iron possibly own?
Oh wait...
"IP Nav told us that they could not divulge the details of their infringement claims -- not even the patent numbers or the patent owner -- unless we entered into a 'forbearance agreement' -- basically, an agreement that we would not sue them."
So they probably have nothing. How is this legal?!
you never get rid of the Dane.
Ooh, moderator points! Five more idjits go to Minus One Hell!
Delendae sunt RIAA, MPAA et Windoze
The problem is, when you've established that you're a profitable to trolls, they're much more likely to gang up to backstab you. I suspect the following wouldn't be entirely atypical:
Troll 1) We have patent! Give us meellion dollar, or we sue! ... aww, shit.
You) O.K.; here's $1M, but you've got to protect us against the next troll.
Troll 2) We have patent! Give us meelion dollars, or we sue!
Troll 1) Our board of directors take meellion dollar bonus for hard work! Now we bankrupt! Our directors find new job with Troll 2!
Troll 1+2) Give us two meellion dollar! Or double sue!
You)
Since the troll companies are generally just empty shell corporations for investor psychopaths, they have no reason to stick around to fight each other (knowing that, by the time they ever won a case, the payout cash would have long ago vanished into some other Cayman Islands fund). A company with a solid revenue stream from actually making and selling products, that's proven itself a juicy target for Troll 1, is just asking to be bilked twice (by the same leeches under a different corporate name).
I'm not going to be happy until we get a Slashdot headline that reads something like: "Rabid Ninja Mosad Assassin Zombie Horde Goes On Rampage Against Patent Trolls".
Patent trolls don't make refrigerators, they make patents. So there would be no waiver because they would have no reason to license the fridge patent.
Some of these are quite laughable, if you read the article, you'll see a patent on rounding floating point numbers with non standard exponents without changing the exponent size, i.e. what every floating point package did before IEEE standardized the representation of under and overflow case.
Putting aside it was a patent on math, the patent office thought to grant it, because there was no prior publication. Yet to be a non-standard exponent-mantissa, there has to be standard. So the actual new thing there, was the IEEE standard.
You see how clever these trolls are, the definition of prior art cannot cover all cases, the patent office chooses to issue patents by default, and so its quite easy to get patents on core things, and troll. Of course Rackspace don't know the history of floating point math, so they don't have the tools/knowledge to defend themselves, the troll can attack any number of similarly tangential businesses, hoping the risk is too great that they'll license.
Carmen Ortiz would love the patent troll world, when she's finally fired from the justice department, the patent troll world is a very similar.
It would be funny to settle with the troll and have something in the contract like, "agree not to sue me or my assigns" and then assign rights to all my software patents to everybody.
IANAL and have no idea if such a thing would hold up in court; but it's no more ridiculous than most of what passes for law these days.
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
I'll have you know you're talking about the Job Creators! The Makers, not the Takers. Those people who want to build and sell stuff are just parasites.
So that will be "Mr Investor Psychopath" from now on, if you don't mind, except "Mr Investor Psychopath" happens to be a trademark so until you get expressed written permission just keep your mouth shut and pay up, you leech.
You are welcome on my lawn.
The problem is with overinflated lawyers fees, court procedures which encourage paperwork which makes even more fees for lawyers and and court fees that the courts are so expensive you are looking at handing lawyers and courts two million up just to defend yourself from a patent troll. If cases were streamlined and it only cost $10K to defend a patent troll it would be far fairer, but lawyers and judges would be out of work. Have you ever heard of judges being laid off for lack of work? Judges whose communities depend on patent trolls for a steady stream of cases have a conflict of interest. If they came down hard on patent trolls and threw out meritless cases there would be boarded up lawyers offices all over town. Instead the judges say well geez better have a trial anyway just to be sure. It might get an answer but it wastes a fuckload of cash to get there. If the USPTO issued firm rulings we wouldn't need the courts. Instead the USPTO scratch their balls and say well I will just approve this shit because I can't understand it anyway and let the courts sort it out. The problem is as much the court system as it is the USPTO. They should streamline these but do you really think lawyers and judges will be putting themselves out of work?
Patents are written in bullshit confusing language so courts argue what they mean. A software engineering looking at one of these wouldn't even recognize their own system in one of these documents. Lawyers write them to be broad and confusing so they can make money arguing it. The USPTO shouldn't be approving patents that are unreadable. And if a IT graduate can't read one of these and work out what they mean, they shouldn't be granted.
http://en.wikipedia.org/wiki/Patent_troll
http://news.cnet.com/8301-32973_3-57409792-296/how-much-is-that-patent-lawsuit-going-to-cost-you/
http://www.patentlyo.com/patent/2013/03/guest-editorial-throwing-trolls-off-the-bridge.html
Another war against Linux? Do I detect a whiff of Microsoft's scent in the air surrounding this?
:>(
Thanks for the link, and that page has even more informative links. It looks like Rackspace won a dismissal against Uniloc for a patent troll argument asserting patents on simple mathematical operations: rounding a floating point number up or down before performing a mathematical operation on it, rather than performing the math operation and then performing the rounding afterwards. The judge's dismissed Uniloc's suit stating that "simple mathematical operations are not patentable".
.
That patent was PTO#5,892,697 and only the first claim was asserted for that lawsuit.
.
Interestingly, the way the lawsuit was filed shows that Rackspace was being sued for deploying Linux servers, and the servers were claimed to be infringing # 5,892,697 because they ran Linux. Doesn't this look like another wave of concerted lawsuits and patent trolling against Linux? I wonder who the concert-master is in this case, waving the baton and funding this crazy patent assertion of rounding numbers before an op being performed rather than after the op is performed? Is there a whiff of Microsoft in the air?
Yes. I met one poor troll victim whose knowledge of the court system came from TV dramas and thought they would get a fair trial. $$$$ later he discovered the system is rigged in favor of lawyers and trolls. No trolls. No business. Judges are supposed to be dignified and neutral. If you get one that isn't you are fucked. http://mokellyreport.wordpress.com/2010/02/01/sterling-reviews-of-judge-natalia-combs-green/ You are right. Play the game their way and you are fucked,
Wait, wait, wait. Hold on a second.
Is Microsoft parasitic? Undeniably.
For using the BSD implementation of this, that, or the other?
Uhh, no, I don't think so. Isn't BSD allowed to be used any damned way anybody wants to use it? That's the selling point of BSD over the GPL, isn't it? You can analyze it, use it, change it, make derivative works, then license those works as you see fit. It's appealing to industry, it's appealing to hopeful startups, it's even appealing to government and private individuals who are hoping to cash in.
Yes, Microsoft is parasitic, but not for using a BSD licensed software or method.
If BSD's methods and software happen to be the best, fastest, most secure, and most elegant solution in any given situation - take it and run with it. That's basically what the license says.
If the GPL people want their license to be respected, then the BSD licenses need to be respected.
And, lest I be misunderstood - I am NOT making an argument that BSD is better than GPL, nor am I arguing that GPL is better than BSD.
"Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
It surprises me that this hasn't become a policy before. Patent trolls exist because they know that the company will roll over if it's cheaper to comply than to fight.
Problem is, that only works for a single stage game. What we have is a repeated stage game. The optimal strategy for the troll victim is to fight, and to do as much damage to the troll as possible. This increases the cost of operation for the troll, and makes the victim a lot less lucrative a target for future lawsuits.