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Patent Troll Threatens Twitter

techcrunch.com

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Re: Patent Troll Threatens Twitter

#11

Post by nkassis »

monochromatic wrote: post #6

The article doesn't mention this, but their patent application actually has already been allowed. It's just a matter of waiting for the USPTO to issue it.

Why am I not suprised. I know you're not supposed to judge patents just by their title but this one is about as broad as it gets. There should be a penalty for making broad claims like that. And anyone should be able to challenge a patent by providing the prior art to the USPTO and have it review within a short (6 months max) period of time. For a fee of about 10 bucks ;p No courts needed here.

Re: Patent Troll Threatens Twitter

#12

Post by beetmik »

raganwald wrote: post #9
ericb wrote: post #2

I work with several Russian folks. As they tell it, if you open a business in Russia, you end up paying bribes or "protection money" to mafia and government officials, just to keep your doors open. As it turns out, we have this in the US also.

A business in Russia has a somewhat fixed number of people threatening it. And if it is able to make deals with them, it can function, sort of. Whereas there is no limit to the number of patent trolls that can threaten a software business, and no limit on how much they can demand or how much havoc they can wreak.

A fixed number of people with a limit on what they can demand? Where do you get this from? Either way, it is still different in the sense that in Russia you'll get threatened with guns and not lawsuits.

Re: Patent Troll Threatens Twitter

#13

Post by raganwald »

beetmik wrote: post #12
raganwald wrote: post #9

Earlier quoted context omitted.

A business in Russia has a somewhat fixed number of people threatening it. And if it is able to make deals with them, it can function, sort of. Whereas there is no limit to the number of patent trolls that can threaten a software business, and no limit on how much they can demand or how much havoc they can wreak.

A fixed number of people with a limit on what they can demand? Where do you get this from? Either way, it is still different in the sense that in Russia you'll get threatened with guns and not lawsuits.

Well, you know, I do not live in Russia, so perhaps you can correct me. But here in North America, the kind of people who threaten people with guns for protection have territories and do not take kindly to random people threatening their "customers." So there is a limit of sorts on how many people with guns you have to deal with.

Re: Patent Troll Threatens Twitter

#15

Post by allochthon »

Symmetry wrote: post #10
chrislomax wrote: post #7

How annoying are all these people just acting on grey areas in patents?? How are new start ups meant to thrive in this market when every two minutes someone is being sued for not having the appropriate license?? Have these people nothing better to do with their time? And moreover, who is allowing these stupid patents through that are so vague and apply to so many different sites? I my opinion, if you file for a paten…

And moreover, who is allowing these stupid patents through that are so vague and apply to so many different sites? The USPTO has fixed resources, and the number of patent applications has been growing exponentially for years. Also, if they grant a patent the person filing goes away, but if they deny it the filer will just come back with amendments or appeals again and again and again. If we gave the USPTO more money…

The real fix is to change patent law so that it's not broken. The USPTO is now trying to solve the wrong problem.

Re: Patent Troll Threatens Twitter

#16

Post by zitterbewegung »

aspir wrote: post #5
younata wrote: post #3

I thought that calling patent infringement based on a patent you applied for is illegal. I thought you have to have been awarded the actual patent. My understanding of patent laws is near non-existant, though. I wouldn't be surprised if I was wrong.

I believe you are correct. Moreover, since every rails tutorial know to man builds a twitter/microblogging/messaging clone, odds are likely that this will not be awarded simply because the application's technology is obvious at this point. I may be too optimistic though.

That hasn't stopped blatantly obvious patents to be filed. You are being extremely optimistic. USPTO will issue a patent nearly for any software related invention even with prior art.

Re: Patent Troll Threatens Twitter

#18

Post by nicksergeant »

ericb wrote: post #2

I work with several Russian folks. As they tell it, if you open a business in Russia, you end up paying bribes or "protection money" to mafia and government officials, just to keep your doors open. As it turns out, we have this in the US also.

Similar to Sicilian culture in the 1900s, still in place (somewhat) today.

Re: Patent Troll Threatens Twitter

#20

Post by monochromatic »

nkassis wrote: post #11
monochromatic wrote: post #6

The article doesn't mention this, but their patent application actually has already been allowed. It's just a matter of waiting for the USPTO to issue it.

Why am I not suprised. I know you're not supposed to judge patents just by their title but this one is about as broad as it gets. There should be a penalty for making broad claims like that. And anyone should be able to challenge a patent by providing the prior art to the USPTO and have it review within a short (6 months max) period of time. For a fee of about 10 bucks ;p No courts needed here.

This comment makes no sense to me. "I know you're not supposed to do this, BUT I'M GOING TO DO IT ANYWAY BECAUSE FUCK PATENTS." The title of a patent is irrelevant to what it covers. Read the claims.
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