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Patent troll Lodsys now after apps with 'More Apps' links

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Re: Patent troll Lodsys now after apps with 'More Apps' links

#41

Post by mikeryan »

powertower wrote: post #28
dstein wrote: post #19

The only difference between Lodsys and large software/hardware companies like Microsoft and Oracle is the size of their litigation targets. I'm beyond convinced that the entire software patent systems needs to be abolished.

My understanding is that Microsoft hates software patents (at least when BillG was CEO), has only registered them out of necessity, has historically only sued relatively few other companies, and only done so with either real patents (non-obvious, read beyond the patent title) or as a retaliation of being sued itself. I’m sure there are a few exceptions here as there are always.

I find this hard to believe. It may have been their MO in the very early days but they later started building one of the largest patent portfolios in the world and their CTO went on to become one of the largest patent trolls in the world.

Re: Patent troll Lodsys now after apps with 'More Apps' links

#42

Post by aristus »

smokeyj wrote: post #36
dstein wrote: post #19

The only difference between Lodsys and large software/hardware companies like Microsoft and Oracle is the size of their litigation targets. I'm beyond convinced that the entire software patent systems needs to be abolished.

I wonder what would happen if government became a result oriented organization. If the point of patents is to increase innovation, shouldn't you be able to measure innovation? And if you can't measure the impact of patents on innovation, what evidence is their to justify monopolizing ideas ? If you can't measure and observe, then what's the evidence? I would say there is none, it's entirely subjective. Unconditional…

It's not religion. You are using a different (and objectively better) standard of proof. But it's literally a billion times easier to measure things like that than it was 240 years ago, when all math was done by hand and the fastest communication was by horse.

You, as a citizen, can demand results and proof. That's how any human institution evolves. Grumping on the internet about how stupid everyone is because things aren't done the way you want will not produce measurable results.

Re: Patent troll Lodsys now after apps with 'More Apps' links

#43

Post by eru »

cube13 wrote: post #35
ssebro wrote: post #34

Earlier quoted context omitted.

That's not exactly true- they are innovating, but they're also a patent troll. There's no reason why they can't be both.

You can't be a patent troll if you're actually making a product. The entire "business model" of a patent troll is to make money off of lawsuits, not from actually selling things.

Yes. Though of course, if a big company that was actually making things, bought a patent troll and just let the get on with their business, I'd still be inclined to call the new subsidiary a patent troll.

Re: Patent troll Lodsys now after apps with 'More Apps' links

#44

Post by eru »

oneplusone wrote: post #10
dralison wrote: post #9

What someone needs to do is get a business process patent on "Patent Trolling".

IBM has got that covered: http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Se...

I thought you could not patent a business process?

Re: Patent troll Lodsys now after apps with 'More Apps' links

#45

Post by dstein »

tzs wrote: post #33
dstein wrote: post #29

Earlier quoted context omitted.

They aren't suing every Android OEM out of necessity. Microsoft has converted to patent troll in lieu of innovating in the mobile space.

By the very definition of "patent troll", Microsoft is not a patent troll.

According to Wikipedia:

  The term "patent troll" was used as early as 1993 to
  describe companies that file aggressive patent lawsuits.

Re: Patent troll Lodsys now after apps with 'More Apps' links

#46

Post by cube13 »

eru wrote: post #43
cube13 wrote: post #35

Earlier quoted context omitted.

You can't be a patent troll if you're actually making a product. The entire "business model" of a patent troll is to make money off of lawsuits, not from actually selling things.

Yes. Though of course, if a big company that was actually making things, bought a patent troll and just let the get on with their business, I'd still be inclined to call the new subsidiary a patent troll.

This is true. I probably should have said "companies that make products related to their patents cannot be patent trolls".

Re: Patent troll Lodsys now after apps with 'More Apps' links

#47

Post by shaggyfrog »

I have a feeling that Lodsys will continue to iterate on this theme until they get shut down. Given they have signed a licensing agreement, I'm not sure what Apple can do, but they should take as active as a role as they can from here on out. It certainly raises doubts in my mind as to what kind of "buy this app" link I can put, if anything, in any apps for myself or my clients.

Re: Patent troll Lodsys now after apps with 'More Apps' links

#48

Post by scotto »

roc wrote: post #39
[deleted] wrote: post #26

[deleted]

A collection of your own patents is no defense against a non-practicing entity like Lodsys. They don't make any products, so there's nothing in any portfolio that can threaten their business and force them to deal. A bunch of smaller businesses could definitely create a spin-off entity that bought patent rights and 'exploited' them. But it could never use those patents to target a troll. It could target other tech co…

Another option for developers: Start your companies in a country not covered by these laws.

I always remind myself that if I want to get around the US laws, I can just move to Nigeria (or something).

Re: Patent troll Lodsys now after apps with 'More Apps' links

#49

Post by meow »

powertower wrote: post #28
dstein wrote: post #19

The only difference between Lodsys and large software/hardware companies like Microsoft and Oracle is the size of their litigation targets. I'm beyond convinced that the entire software patent systems needs to be abolished.

My understanding is that Microsoft hates software patents (at least when BillG was CEO), has only registered them out of necessity, has historically only sued relatively few other companies, and only done so with either real patents (non-obvious, read beyond the patent title) or as a retaliation of being sued itself. I’m sure there are a few exceptions here as there are always.

Their outlook on using their patent portfolio has changed in these past few years. As their reputation for innovation goes down, their reputation for trolling is going up.I guess trolling is inversely proportional to innovation after all.
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