Author Topic: Hate Patent Trolls? Then Consider Signing This!  (Read 4031 times)

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Re: Hate Patent Trolls? Then Consider Signing This!
Well, the irony here is what part of the software they're being sued for:
The DRM.
I'm not sorry for them.

The DRM that comes built-in to almost every Android app there is.
Well, from their own statement it seems they were not forced to use the DRM, it was only suggested to them. It's less "we couldn't help it" and more "everyone was doing it", which is a much less compelling defense (to me, as well as a court, I suspect).

 

Offline The E

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Re: Hate Patent Trolls? Then Consider Signing This!
They weren't forced to use this. They used a solution recommended by Google, trusting that Google would have vetted the solution against patent trolling. As such, they had a reasonable expectation that they won't be sued.
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Offline karajorma

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Re: Hate Patent Trolls? Then Consider Signing This!
What gets me is why Google themselves haven't stepped in. Saying "If our development advice ****s you over, tough titty!" Sounds like the quickest way to create a bunch of new iPhone developers.
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Offline Aardwolf

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Re: Hate Patent Trolls? Then Consider Signing This!
The specifics of this case are largely irrelevant to the petition.

Now my question is, how would they legally define "patent troll"?

 

Offline headdie

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Re: Hate Patent Trolls? Then Consider Signing This!
The specifics of this case are largely irrelevant to the petition.

Now my question is, how would they legally define "patent troll"?

tricky, but a good start would be to investigate if the patent holder has attempted to do something with the patent such as further research, prototyping, recruitment of persons with relevant skills or attempted to raise money through recognised means such as loans, investors, government grants etc.  Another would be to look at the history of the claim, is it for example on something which has been in use since before the patent was filed?
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Offline Klaustrophobia

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Re: Hate Patent Trolls? Then Consider Signing This!
Well the first step would be to remove the ability to get rich off of lawsuits.  Patents are supposed to be for protection, not profit.  Patents should only be issued attached to actual production or development, and be non-transferable.  If the inventor can't or doesn't want to pursue production on his own, he can let someone else do it for him for royalties or something like that, but he can't sell the rights to do so to anyone else, and no one but him can ever sue for infringement.
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Offline Al-Rik

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Re: Hate Patent Trolls? Then Consider Signing This!
Another would be to look at the history of the claim, is it for example on something which has been in use since before the patent was filed?
You can't patent something what is already in use.
And that's the first way to fight a patent in court. But to fight it, you must have money.

If you file in an application for a patent, the national patent agency will publicate that application, giving anybody the chance to make calls of their on.

 

Offline Thaeris

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Re: Hate Patent Trolls? Then Consider Signing This!
Thanks to everyone so far for, if not their support, their discussion on this matter.

As for DRM, as much as I hate it in general, my experience with Laminar Research's "DRM" is very, very ye olde-schoole. It means I put the DVD in the drive for the sim component of the program to run, which is just about the oldest form of DRM anyone can think of, and there are very simple ways around it if you have the space or the need. For a very small company, the only restrictions they have ever built into their programs in my experience have been the bare minimum to encourage individuals to buy their generally very good products rather than just take them. And software keys and what have you are still around as well - we hardly call those restrictive anymore...

As per the Android thing, I've never used an Android product. I have no idea how hard or easy it is to distribute that kind of software, nor at which level the DRM works. As I said or at least implied, I do understand how some individuals putting their livlihoods into their work may support some level of DRM, and that's OK. We're probably not talking about Ubisoft or EA levels of crap with DRM at that level, either.

What can be said has already been pointed out in the first post, where there is a company that doesn't really do anything except use litigation to make money off of individuals making a product. The code used by Laminar was apparently provided or endorsed by Google, who provides the Android OS. The world may be better off without DRM, but it's also way better off without companies that survive by scamming others to make their paychecks.
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Offline Cyborg17

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Re: Hate Patent Trolls? Then Consider Signing This!
For what's going on, DRM is by far the lesser evil.  DRM is a producer trying to protect his rights to profit.  Patent Trolling is someone trying to make a profit off of someone else's work.

 

Offline karajorma

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Re: Hate Patent Trolls? Then Consider Signing This!
I'm going to patent patent trolling. Anyone patent trolling will have to pay me money. Which I'll then give to the original victim and keep the rest for my trouble. :p
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Offline headdie

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Re: Hate Patent Trolls? Then Consider Signing This!
I'm going to patent patent trolling. Anyone patent trolling will have to pay me money. Which I'll then give to the original victim and keep the rest for my trouble. :p
:yes: time to fight fire with fire  :drevil:
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Offline Klaustrophobia

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Re: Hate Patent Trolls? Then Consider Signing This!
it's so crazy it just might work.
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Offline Kopachris

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Re: Hate Patent Trolls? Then Consider Signing This!
I'm going to patent patent trolling. Anyone patent trolling will have to pay me money. Which I'll then give to the original victim and keep the rest for my trouble. :p

I think that might actually work: http://en.wikipedia.org/wiki/Business_method_patent
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Offline Luis Dias

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Re: Hate Patent Trolls? Then Consider Signing This!
What gets me is why Google themselves haven't stepped in. Saying "If our development advice ****s you over, tough titty!" Sounds like the quickest way to create a bunch of new iPhone developers.

Nailed it.

 
Re: Hate Patent Trolls? Then Consider Signing This!
I'm going to patent patent trolling. Anyone patent trolling will have to pay me money. Which I'll then give to the original victim and keep the rest for my trouble. :p

I'm sure the patent trolls already have that patented...