Trolls Are Not the Only Threat Under the Bridge, SCALE12x

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Trolls Aren't The Only Threat Under the Bridge Deb Nicholson SCALE Feb. 22, 2014

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Many small and medium free software projects are staffed by volunteers that don't have any money to tempt a patent aggression entity. There's been plenty of talk about patent trolls, but money isn't the only motive for a patent suit. Even if non-practicing entities are eventually curtailed, ill-intentioned practicing entities may not be affected. The free software community will still have to worry about anti-competitive suits, nuisance suits and suits designed to spread fear, uncertainty and doubt about the adoption of free software. So, what can we as free software builders, promoters and users do to protect the code we care about?

Transcript of Trolls Are Not the Only Threat Under the Bridge, SCALE12x

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Trolls Aren't The Only Threat Under the Bridge

Deb Nicholson SCALE

Feb. 22, 2014

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Just in case you've been hiding under a rock...

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“...annual wealth lost from NPE lawsuits was about $80

billion...”

(Bessen et al. 2011)

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Patent suits involving “NPEs”

Source: PatentFreedom © 2013. Data captured as of January 18, 2013.

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"...patent trolls... are increasingly targeting users and adopters,

rather than makers of the technology: this tactic is used an estimated

40% of the time."

Colleen V. Chien: Tailoring the Patent System to Work for Software and Technology Patents

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Plus it turns out they're everywhere

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And everyone finally noticed...

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And everyone finally noticed...

National Public Radio ran two spots

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And everyone finally noticed...

National Public Radio ran two spots

Many academics wrote about the problem

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And everyone finally noticed...

National Public Radio ran two spots

Many academics wrote about the problem

The Government Accounting Office did a study

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And everyone finally noticed...

National Public Radio ran two spots

Many academics wrote about the problem

The Government Accounting Office did a study

The Federal Trade Commission has plans

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Legislation is being talked about

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The Innovation Act

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Heightened pleading

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(a.k.a. say what you're actually suing about)

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Fee-shifting

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Stop “discovery abuse”

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Better transparency

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Limited protection for end-users

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Review the patent at the USPTO,

while litigation is on hold

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Awesome, right?

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Sadly, that's no longer on the table

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What does all this mean for the future?

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Again with the awesome.

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Except...

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The patent system still has huge problems.

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The patent system still has HUGE problems.

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And just to recap why we all care

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Practicing entities have been selling their

patents to subsidiaries

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Trolls don't have to care about FRAND

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Anti-competitive suits

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Cross-licensing “requests”

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Universities have patents and need money

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Intellectual Ventures has “relationships” with

over 300 schools

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So legislation is incomplete

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But corporate back-dealing remains robust

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Some glimmers of hope from the US courts..

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In New York, a troll was forced to return the money

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"serious, good-faith effort"

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Akamai v. Limelight

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More end-user suits?

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Biosig v. Nautilus

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“indefiniteness”vs. “obvious”

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Soverain v. Newegg

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"It's a really tough time to be a patent owner."

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Sorry not sorry!

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SCOTUS is unpredictable

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Predators may not be affected

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What can we do?

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Community solutions

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Community solutions

Non-aggression pact

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Community solutions

Non-aggression pact

Defensive patent pool

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Community solutions

Non-aggression pact

Defensive patent pool

Use the GPL (and the DPL)

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Community solutions

Non-aggression pact

Defensive patent pool

Use the GPL (and the DPL)

Lobby for software specific reforms to your local patent regime

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Every patent system has it's own challenges

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Strategic reforms

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Strategic reforms

Complete transparency when suits are brought

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Strategic reforms

Complete transparency when suits are brought

Much shorter lifespans for software patents

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Strategic reforms

Complete transparency when suits are brought

Much shorter lifespans for software patents

Eliminate functional claiming by requiring less fuzziness in patent applications

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Strategic reforms

Complete transparency when suits are brought

Much shorter lifespans for software patents

Eliminate functional claiming by requiring less fuzziness in patent applications

Don't financially incentive the patent office

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Individual activities

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Individual activities

Help with patent-busting

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Individual activities

Help with patent-busting

Tell your lawmakers why this matters to you

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Individual activities

Help with patent-busting

Tell your lawmakers why this matters to you

Talk to colleagues and friends about predators

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What we know about the general public's

attention span

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What we know about practicing entities

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Picture CreditsCC.0 from Blendswap

Dromaeosaur Raptor, by Animaniac888

CC.BY from FlickrMushroom and Moss, by Jason Pratt - Packhorse Bridge, by Alan Cleaver - Bucket of Trolls, by

grenade - Butterfly In Bed, by maxintosh - Beware of Butterfly, by Valentina Powers - Bridge Over

Wey, by Steve Parker

CC.BY.SA from FlickrBad Boss, by noii - Giraffe Huddle, by infomatique - Goldfish, by Steven Lilley - Crotchet Camo, by See

Ming Lee - Monkey With Guitar, by schatz

CC.BY.SA Bergen Troll, by Deb Nicholson

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Resources

Patent-busting siteshttp://linuxdefenders.org/https://trollingeffects.org/

http://patents.stackexchange.com/

ReadingPatent Assertion and Startup Innovation,

by Colleen V. Chien with OTI/New America Foundation,2013

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Questions? [email protected]


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