I have an idea. If the patents were created to protect inventors, why just not forbid of any sale of patents to the third parties. The patent cannot be sold or inherited period.
Lodsys explains in-app patent warning letters sent to iOS developers
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Re: Lodsys explains in-app patent warning letters sent to iOS developers
#22I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…
The problem being: patent trolls like Lodsys LLC do not actually create anything. There's nothing to countersue over.
That's the point of the marked for life bit, if it were legal - and it seems like it probably isn't, IANAL etc.
But if it were, anyone setting up a patent trolling company would be targeted at future companies as well, which is a very concrete disincentive.
Ex patent trolls would basically run the very real risk of being unemployable, and have trouble starting legitimate ventures as well.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#23Well, this is one hell of a Gotcha! for everyone who is using in-app purchasing. Wasn't it the responsibility of Apple, Google, MS, to inform developers of this? Hm, I wonder if HP has a license for webOS. And does this apply to desktop in-app purchases? What about in-app web app purchases? Does Facebook and its devs need a license?
Reportedly, it isn't restricted to just in-app purchase: http://twitter.com/#!/jamesthomson/status/70095343605391360
Hmmm... could that have been a notice error in their glee to target everyone? If it applies, this is a damn bigger issue than everybody yet understands!
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#24I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…
So basically an exact opposite of Intellectual Ventures? The problem with this is that people are still wasting energy, money, and time defending themselves. We need to get to a point where people can do their jobs without having to be paranoid that their going to get slammed with a lawsuit for some obscure and vague patent. I think patents should be issued on a use it or lose it basis: if you do not make attempts to…
Yes, it's not at all a perfect solution. But it's a practical hack that one of us could start, so it probably shouldn't be compared to what legislation to fix the issue could theoretically do.
Although I'd the take legislation in a heartbeat.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#25I'm on the fence with patents... overall I think the response by Lodsys is reasonable and if their license fees are as the article states, then it should not be to much of a burden to developers.
My guess is Apple financially works out something with Lodsys so all iOS apps are extended a license.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#26Apple should just sue them back so hard no one will ever think to try this crap again. I prefer them not to pay these scumbags a dime, it would set a precedent that would only encourage more trolls.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#27I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…
I think RPX http://www.rpxcorp.com/ already does what you are suggesting. They seem to be doing quite well with that concept and just had a successful IPO: http://247wallst.com/2011/05/05/rpx-ipo-changes-tech-patent-...
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#28I have an idea. If the patents were created to protect inventors, why just not forbid of any sale of patents to the third parties. The patent cannot be sold or inherited period.
Playing devil's advocate here (I don't think software patents should exist, or at a minimum the bar should be significantly raised in what constitutes a patentable idea):
What if I'm really just an inventor type, and I don't have any of the skills or the desire necessary to go about making money off my patent. I imagine negotiating with Google, Microsoft, Apple, etc. isn't a simple make a phone call and start receiving checks type process. Not allowing an inventor to sell his patent limits seriously limits a major avenue of revenue for the inventor.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#29I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…
How about patenting "a method for discovering patented methods in an application through a device". If you could be granted that patent, it would be the end of all patent trolling companies, forever. Or at least, you'd make a huge amount of money.
Re: Lodsys explains in-app patent warning letters sent to iOS developers
#30I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…
The problem being: patent trolls like Lodsys LLC do not actually create anything. There's nothing to countersue over.
> The problem being: patent trolls like Lodsys LLC do not actually create anything. There's nothing to countersue over.
They don't sell products, but they surely use computers internally. Which makes them vulnerable to all sorts of patent lawsuits.
Patent law lets you sue both the person making the software (Microsoft etc.) and the person using it, in this case Lodsys.