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Re: New Campaign to Sue Patent Trolls

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____/ 7 on Sunday 10 Jul 2011 18:39 : \____

> Roy Schestowitz wrote:
>> Hash: SHA1
>> ____/ 7 on Sunday 10 Jul 2011 16:30 : \____
>>> Roy Schestowitz wrote:
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>>>> ____/ 7 on Sunday 10 Jul 2011 14:58 : \____
>>>>> Roy Schestowitz wrote:
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>>>>>> Developers Against Patents
>>>>>> ,----[ Quote ]
>>>>>> | We are collecting name and contact information of individual
>>>>>> | developers or companies who are interested in forming a group
>>>>>> | to start suing patent trolls for Declaratory Judgement that our
>>>>>> | work in the software world does not violate any of their patents.
>>>>>> `----
>>>>>> http://developersagainstpatents.org/
>>>>>> Microsoft should also be reported for RICO Act violations.
>>>>> It probably won't work as the source of the problem
>>>>> remains the patent office.
>>>>> At this rate you may as well sue the patent office and the
>>>>> judiciary for allowing patent trolling to wreck free market
>>>>> which leads to abject failure.
>>>>> The problem is the US patent office - it is very supportive
>>>>> of patent trolls and have themselves become the instrument
>>>>> of government sponsored patent trolling.
>>>>> The EFF needs to wade in and make some noise on the
>>>>> issue regularly to change the way patent litigation
>>>>> is practiced. Its all heavily weighted in the interests of
>>>>> patent trollards and thats just not what the system
>>>>> was set up and designed to do.
>>>>> The patent office needs to wade in and recommend patent trolling
>>>>> creates victims and the courts and prove to all its critics
>>>>> that the patent office will never side with patent trolls in principle
>>>>> and wherever possible in practice. They have done this before
>>>>> with submarine patents which is another form of patent trolling
>>>>> where patent trolls abused due process to extend grant date way way
>>>>> after a product has come into common use.
>>>>> For current round of patent trolls, the rules on patent enforcement
>>>>> practice has be based on good practice that makes sense for
>>>>> a free market to work without the patent office and patent law courts
>>>>> being itself the main obstacle to free market.
>>>>> So, the patent office needs to rule on how patent litigation is
>>>>> practiced to make the system fair:
>>>>> 1. No patent litigation is valid unless those accused have been given
>>>>>    30 days of advanced publicly disseminable
>>>>>    notice to desist citing the EXACT legal reason
>>>>>    citing the patent number and relevant paragraph in clear an
>>>>>    unambiguous form - a form that will be presented to the courts with
>>>>>    no further additional claims. If new claims are added, the accused
>>>>>    must be notified again for 30 days before it can be presented in a
>>>>>    court. These publicly disseminable notices should be allowed to be
>>>>>    posted in public forums for victims to get community help and reduce
>>>>>    their costs particularly if they are a small firm.
>>>>> 2. Any company that uses patent portfolio as a weapon for patent
>>>>> trolling
>>>>>    should find its damages serious cut and costs awarded against them
>>>>>    if it can be shown that the accused is also a victim of intentional
>>>>>    patent trolling. The courts should have the right to over rule any
>>>>>    and all NDAs that may hinder this process to discover this
>>>>>    information.
>>>>> The courts and patent office have no rights to be distorting
>>>>> the free market by allowing patent trolls to flourish through extortion
>>>>> and hindering the free market.
>>>>> The patent office and patent courts need to review how
>>>>> they operate frequently to ensure they are never again
>>>>> the source of future variants of patent trolling and free market
>>>>> interference.
>>>> Your proposal, like many others, would improve the function of patent
>>>> offices, but these establishments are run by patent lawyers, for patent
>>>> lawyers. When the fox guards the hen house it's time to scrape/reboot
>>>> the whole farm.
>>> You are right the patent office will have its own agenda to protect
>>> the patent trolls because they are making off with so much money
>>> from it.
>>> The usual way to manage the foxy guardians is to put guardians on
>>> guardians. A government could set up a patenting watchdog organisation
>>> that monitors both the patent office and the patent holders and interest
>>> groups and have members from both sides of the equation so that
>>> all interests are represented. That way the patent office can make
>>> its promises to the patent watchdog and if they fail to carry
>>> out reforms, then they would be faced with having to give
>>> very specific explanations of failure.
>> Yes, just watch what the USPTO head said (posted 15 minutes ago:
>> http://techrights.org/2011/07/10/david-kappos-disappoints/ ). He clearly
>> wants more monopolies because it's business to him. Compare that to what
>> developers want http://techrights.org/2011/07/10/casting-shadow-on-w3c/
>> The patent issue has become the #1 issue for Linux and FOSS.
> As the world changes, so too must the patent office which must now
> strive to eliminate patent trolls that interfere with free market
> economics. The patent office never had a mandate from anyone
> to go around facilating conditions for creating patent trolls
> that hinder the free market.

Contrary to lawyers' propaganda, the patent office was created to incentivise
publication of ideas. We now have the Internet, so the necessity of the patent office
is dubious at best -- a stretch hinged only on thinly-veiled propaganda. People
would publish ideas and abolish trade secrets even if it wasn't for the USPTO...

- -- 
		~~ Best of wishes

Dr. Roy S. Schestowitz (Ph.D. Medical Biophysics), Imaging Researcher
http://Schestowitz.com  | GNU/Linux administration | PGP-Key: 0x74572E8E
Editor @ http://techrights.org & Broadcaster @ http://bytesmedia.co.uk/
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