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The patent troll that won a $308M jury trial against Apple

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Re: The patent troll that won a $308M jury trial against Apple

#11

Every so often a patent troll story comes up on HN, and people like me bitch about how broken the system is and get group therapy from shouting into the wind on a web forum. What can we actually do . How do we start fixing this problem?

Think carefully about who you vote for. Get involved in the process- like anything unless you actually really care and have the means or can turn it into your means most likely you will move onto something else...

Re: The patent troll that won a $308M jury trial against Apple

#12

Good. I hope these kind of lawsuits put an end this terrible patent system And I hope the software copywriting goes on the same way

what's your suggestion? total elimination? how does that help people? changes to correct issues? what changes?

Re: The patent troll that won a $308M jury trial against Apple

#13

Every so often a patent troll story comes up on HN, and people like me bitch about how broken the system is and get group therapy from shouting into the wind on a web forum. What can we actually do . How do we start fixing this problem?

I've wondered that too.

How can we realistically boycott the companies that abuse patents? I suppose I could stop using Apple products, but most current software jobs require some form of smartphone for authentication, so I need an iPhone or Android phone, thus supporting Google or Samsung or LG or one of the other big megacorps that abuse the American patent system.

I feel like the only thing that could conceivably happen is to fight fire with fire, and start suing these companies and challenging these patents to a point where it's so expensive for them that they lobby congress to regulate it better. Even still, I have doubts that that would even work, since it's still probably more profitable for them to keep all their ridiculous patents than the loss in legal fees.

Re: The patent troll that won a $308M jury trial against Apple

#14
Our current IP system is remarkable in that it is both very complex and, despite that complexity, it is entirely reducible to a system for allocating fees for entities to pay. Using you own IP? You pay your fees to your legal team. Using IP owned by someone else? Pay your legal team and their legal team and them. Except for the situation where you are much larger than the IP owner - then they get nothing from you and pay their normal fees to their legal team.

There's a cottage industry of infringement on social media where 'enterprising' companies outside the US take art they don't own and put it on merchandise. Large brands routinely duplicate small artist styles or simply trace their work. Often single individuals at the larger company choose to illegally copy the work of another, but the bulk of the benefit accrues to the corporation.

Personally, though I am a software engineer and much of my "property" is intellectual, the whole system feels wrongly conceived. It focuses on allowing commercial activity to continue around IP instead of keeping creators in control of their creations. In general, the best way to make money is to excise any humans from the IP as quickly as possible (like cutting away an un-wanted growth) to best shape the IP for future needs and markets. It sucks, even if I understand all the decisions along its path.

Re: The patent troll that won a $308M jury trial against Apple

#15
post #11

Every so often a patent troll story comes up on HN, and people like me bitch about how broken the system is and get group therapy from shouting into the wind on a web forum. What can we actually do . How do we start fixing this problem?

Think carefully about who you vote for. Get involved in the process- like anything unless you actually really care and have the means or can turn it into your means most likely you will move onto something else...

The problem is I'm pretty sure this needs to be fixed at the national legislative level. There are somewhere between few and no electable congressional candidates who actually care enough about patents to stand up to lobbying. And there are very few people outside the microcosm of the tech community who care enough about patent reform to prioritize it above other mainstream issues. So what's the practical game plan that doesn't take 20+ years?

Re: The patent troll that won a $308M jury trial against Apple

#16

Every so often a patent troll story comes up on HN, and people like me bitch about how broken the system is and get group therapy from shouting into the wind on a web forum. What can we actually do . How do we start fixing this problem?

Watch The Patent Scam, by the X-Plane's (flight simulator) founder Austin Meyer.

https://www.thepatentscam.com/

Re: The patent troll that won a $308M jury trial against Apple

#17

Every so often a patent troll story comes up on HN, and people like me bitch about how broken the system is and get group therapy from shouting into the wind on a web forum. What can we actually do . How do we start fixing this problem?

>What can we actually do. How do we start fixing this problem?

Do the hard grunt work of getting enough of a broad base of political support for Congress to enact reform. Seriously, that's what it comes down to. And it's not some impossible thing even for a minority so long as it's focused. Precisely because majorities don't really pay much attention to such things and these days are fairly fixed, even a fraction of a percentage of the vote that always votes and will do so based on a single or very small set of issues can have an outsized impact.

In this case, the goal would probably be a few very targeted things. My nomination would be 1) Eliminate software and "business method" patents entirely, with the argument that software is already covered by copyright and vague ideas shouldn't be patentable, and 2) actually fund the USPTO to a much higher degree and give it more teeth so more patents can be taken down early.

I don't think it's an impossible dream. It's an issue that doesn't fit into typical polarization, since there are major business benefits both ways. There are easy outrageous examples of patents that will strike the average person as obviously wrong. It's something Congress can do without the slightest question. There will be economic interests against it, but there are ones for it as well. And the tide has been turning a bit on IP maximalism.

I've written my Senators at least, talking about some of the personal harms I've seen as a developer. I got replies. If nothing else, everyone should do that and not just post on the internet. They certainly are unlikely to immediately change their stances, but they absolutely pay attention to letters because so few write them. If they start seeing enough people concerned about an issue, they will if nothing else give it some much higher level attention. Unfortunately I don't know of any national advocacy/lobbying organizations devoted purely to patent reform. The EFF does some good work there, but they've got a wider umbrella of critical issues to fight as well. I donate what I can to them but it'd be nice if there was some place just for this too.

Still, I hope to see some progress in my lifetime on reigning them back in from when they were invented in court in the 80s.

Re: The patent troll that won a $308M jury trial against Apple

#18
post #11

Every so often a patent troll story comes up on HN, and people like me bitch about how broken the system is and get group therapy from shouting into the wind on a web forum. What can we actually do . How do we start fixing this problem?

Think carefully about who you vote for. Get involved in the process- like anything unless you actually really care and have the means or can turn it into your means most likely you will move onto something else...

That can work for the 1-3 top issues in the country.

This issue is maybe in the top 1000.

Re: The patent troll that won a $308M jury trial against Apple

#19
post #17

Every so often a patent troll story comes up on HN, and people like me bitch about how broken the system is and get group therapy from shouting into the wind on a web forum. What can we actually do . How do we start fixing this problem?

> What can we actually do. How do we start fixing this problem? Do the hard grunt work of getting enough of a broad base of political support for Congress to enact reform. Seriously, that's what it comes down to. And it's not some impossible thing even for a minority so long as it's focused. Precisely because majorities don't really pay much attention to such things and these days are fairly fixed, even a fraction of…

Or dont do patents at all.
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