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De-escalating the Android Patent War
In 2011, a consortium formed from Microsoft, Apple, Sony, BlackBerry, and others spent $4.5 billion acquiring Nortel's patent portfolio, which contained a great deal of ammunition that could be used against Android. That threat has now been reduced. Today, 4,000 of the patents were purchased by a corporation called RPX, which has licensing agreements from Google, Cisco, and dozens more companies.
[RPX is] a company that collects a bunch of patents with the goal of using those patents for member companies for defensive purposes. Even though RPX has generally been "good," the business model basically lives because of patent trolling. Its very existence is because of all the patent trolling and abuse out there. In this case, though, it's making sure that basically anyone can license these patents under FRAND (fair and reasonable, non-discriminatory) rates. The price being paid is approximately $900 million. While that article points out that this is considerably less than the $4.5 billion Microsoft and Apple paid originally, again, this is only 4,000 of the 6,000 patents, and you have to assume the 2,000 the other companies kept were the really valuable patents. In short, this is basically Google and Cisco (with some help from a few others) licensing these patents to stop the majority of the lawsuits -- while also making sure that others can pay in as well should they feel threatened. Of course, Microsoft, Apple and the others still have control over the really good patents they kept for themselves, rather than give to Rockstar. And the whole thing does nothing for innovation other than shift around some money.
What it does is create a barrier to entry to a market and lock in the existing players. Instead of one patent covering an invention expiring after 20 years, an amorphous blob of non-patents is created to which the existing players join a pool.
This is really no better than having one patent troll like Microsoft trying to block competitors with BS patents so weak it won't reveal them without an NDA. It's trying to hide weak patents in a fog of paperwork.
The companies that bought into the patents are: 1) Confirming the validity of these junk patents ensuring troll MS continues to milk money for something it didn't invent, and 2) Ensures they will have the same trick to use against any new entrant.
They make me carry this nexus tracking device around all day, I turn it off at 5 and throw it in the tool bag. Useless piece of crap. After work I only carry a small oscilloscope with me........ like a real man. Oh, and stick your cloud "you know where", you fruitloops.
frist psot
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...other than shift around some money.
Well CHAA! That is the idea...
I got first post! Yiiipppeeee!!
The release of Android OS 12.1 will provide much enhancement for the build of various applications. It is promising to give greater stability and debugging capability to such.
The half-ass libertarian volkh conspiracy solution to the patent crisis, only this time with more fraud, malfeasance and backstabbing (the "really good" patents not included in the combine absolutely will be used against participants if the incumbents feel threatened).
Without knowing anything about these patents it is impossible to put that value into perspective; Did MS just taking a tremendous loss or did they score big time? They paid 4.5 billion, now a few years latter how does that price look taking this sale into consideration? Did Microsoft end up losing their shirt, taking only like 20% of the cost for 66% of the patents? Or is and was 80+% of the value of the hoard in the remaining 33%?
Troll is not a replacement for I disagree.
The Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Android is terrible in all its implementations (phones, tablets, tv boxes, etc).
I wish Steve Jobs was here to kill it dead.
You silly little old man. iOS is a piece of shit with stolen Android features. Steve Jobs died fighting Android. He should have saved his energy and lived life. What a dumb ass fucker.
IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges depe
Patents should be granted to an individual or their assigned company - and then NOT allowed to be transferred. If it's really intellectual property, require that it be used by the intellectual who came up with it, not randomly sold to some giant team of lawyers who try to "monetize" it 10 years after the fact.
That would allow any person - or company that person worked for at the time - to take full advantage of the patent for its original purpose (since almost all patent trolls are not the original inventors) while preventing the soul-sucking leeches on innovation who just want to buy up a bunch of "intellectual property" and speculatively sue anyone who might be doing something remotely similar.
Disclaimer: I am a patent holder
I entered the field back in the 1970's and guess what? Patents were already there !
While it is true that patent trolling were not considered to be trendy back then, but the existence of patents in itself had already stiffen innovation somewhat
While we geeks and nerds kept on trying out new ideas, the institutions (universities and research labs) we worked for were sweating bricks and had to check with their attorneys to make sure that we were doing did not trespass on somebody else' patents
The idea of patents were good, when it was invented, however, that idea does not suit the present days environment anymore. Due to the abuse and trolling, patents have become a big hindrance to the society to move forward
Muchas Gracias, Señor Edward Snowden !
Software patents are utter bullshit from word one. They should just go away and stay away.
Hardware patents are something else, but it's pretty clear they are being *very* poorly managed. I don't even like saying it, but I'm afraid I agree with you: they do more harm than good now.
We need an entirely new model of encouraging invention. Trade secret is useful in providing a reasonable profit window and establishment of precedence in the marketplace (the only way to go with software, as far as I'm concerned) as the window you get correlates well with the complexity of what you've done, but has its limits when we're talking hardware.
Perhaps a way for society to pay for an invention, and once that's been done, it goes right into the "available to everyone" pool. Panels of experts setting perceived value and an immediate payment being made, followed by a revisit ten years later to determine how it all went, with extra reward possible if the invention's impact was underestimated?
Look at me, suggesting government committees. Oy. I should go bang my head on a table.
But damn, we *really* need to clean out the drains. Patents are the disgusting glop that are making the system run slower and slower, while getting legal sewage all over everyone involved. The only consistent winners here are the plumbers (lawyers.)
I've fallen off your lawn, and I can't get up.
Nov 2008: "RPX is funded by Kleiner Perkins Caufield & Byers and Charles Rivers Ventures. Its two chief executives, John Amster and Geoffrey Barker, previously served as vice presidents of Intellectual Ventures, another company in the business of purchasing patents."
The current [software] patent system is flimsy beyond the point of any social utility whatsoever. It objectively serves no useful purpose remotely correlated with the goals of acclaimed IP laws.
Why does android auto install app updates without my permission? Why is the OS continually asking me to install lollipop even though I've said no dozens of times? Why is the top bar cluttered with icons of notifications I don't care about?
When you install a new app it is placed in some random order in the "bottom plane", creating a lot of clutter. Instead of beeping and displaying a notification for a few seconds like ios, android display the notification for several minutes while constantly blinking the screen as if it is trying to force you to respond to the notification.
Android is just a very poor copy of ios suffering from featuritis.
Everybody, including the people who wrote the summary are treating patents as if they were perpetual - but they are not.
AFAIK the really good patents (about the FAT-filesystem) are expiring 2015. There are still some shady non-essential FAT-patents that expire IIRC until 2017, but those are easily worked around, have tons of prior art, are about non-essential features and/or are laughably frivolous.
So of course a patent-portfolio purchased in 2011 may be worth a lot less today. It may be even worthless, depending on what patents have expired. Basically the worth of a patent portfolio can be calculated by how much money could be milked so far (by royalties or monopoly pricing) from it multiplied by the time still left until expiration. So most patent portfolios will lose value over time (although there may be rare exceptions when some revolutionary products come out - but that did not happen since 2011).
People, do you remember the gif-pdf patent outrcry? It's ancient history now - and all these patents will be history in just a few years because most of them were filed in the 1990s.