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Abolish The Patent, Vanquish The Troll

rackspace.com

11–20 of 143 posts

Re: Abolish The Patent, Vanquish The Troll

#11
I wish the best of luck to Rackspace.

As an independent Android developer, I live with the slight fear that one day I'm going to eventually be hit with one of these absurd patent lawsuits. I only program for Android as a hobby aside from my day job as a web programmer. What can an independent/hobbyist developer like myself do when we are eventually challenged with something we can by no means defend ourselves against without loads of money? Reform is needed, soon.

Re: Abolish The Patent, Vanquish The Troll

#12

Nothing makes me want to become a rackspace customer more than posts like this. I adore integrity.

I'm also a RS customer but how do you see this as "integrity" as opposed to a regular business decision done with the intent to prevent future problems?

(Noting also that there is the PR value of spending money this way as your comment proves!)

Re: Abolish The Patent, Vanquish The Troll

#13

Nothing makes me want to become a rackspace customer more than posts like this. I adore integrity.

Exactly. And I also try to avoid companies that settle. I totally understand why they do it but still... in my eyes it's like supporting terrorism. I feel it's wrong to give terrorists any money even when it's advantageous to your business or even when you are threatened by them.

Re: Abolish The Patent, Vanquish The Troll

#14
post #10
post #7

"IPRs can be risky and costly. We know this IPR will cost us more than the $75,000 that Rotatable wanted to extort from us. But we are not just fighting for us; we are fighting for all the app developers who are also in the line of fire." Clearly the patent system is defective and needs to be fixed radically (or patents entirely eliminated in the software space, which I personally believe is preferable). Nevertheless…

Wondering about a) antitrust issues with that and b) standing to file the IPR from an entity such as an association. (Question, not a statement to which I know the answer.)

A way to get around b) would be to have the association merely provide financial help, or possibly have the association be a group of lawyers such as the EFF where they will represent the company who does have standing to sue.

Re: Abolish The Patent, Vanquish The Troll

#15
post #10
post #7

"IPRs can be risky and costly. We know this IPR will cost us more than the $75,000 that Rotatable wanted to extort from us. But we are not just fighting for us; we are fighting for all the app developers who are also in the line of fire." Clearly the patent system is defective and needs to be fixed radically (or patents entirely eliminated in the software space, which I personally believe is preferable). Nevertheless…

Wondering about a) antitrust issues with that and b) standing to file the IPR from an entity such as an association. (Question, not a statement to which I know the answer.)

I don't see the relevance of either. Antitrust deals with breaking up colossal monopolies like AT&T and Standard Oil... not sure how that relates to this in any way. IPRs are a new concept to me, but I don't see why any entity can't challenge the validity of any patent. If there's a problem with that, which I doubt, the company receiving the troll attack could presumably be the challenger, with the association reimbursing its fees.

Re: Abolish The Patent, Vanquish The Troll

#16
Patent trolls suck. But with out patents there is no incentive for innovation. The issue is not that Patents are bad, it is that you can patent a "unique way to swing on the playground" and be awarded a patent. Patent officer often don't know what they are awarding a patent for.

This is supposed to be kept in check by the fact that you can fight a patent.

I think that if you file a patent, sue someone over it, and lose you should be forced to pay 8X the amount you were suing for. That would severely limit who would try.

I also think that patents should only be allowed to be resold twice. This would limit the number of patents which could be used to extort money.

Lastly I think you should only be able to sue for patent infringement if you have a product using the patent currently in the market.

Those 2 simple rules would remove a lot of trolling.

Re: Abolish The Patent, Vanquish The Troll

#18
post #16

Patent trolls suck. But with out patents there is no incentive for innovation. The issue is not that Patents are bad, it is that you can patent a "unique way to swing on the playground" and be awarded a patent. Patent officer often don't know what they are awarding a patent for. This is supposed to be kept in check by the fact that you can fight a patent. I think that if you file a patent, sue someone over it, and lo…

All that said. RackSpace (who I do use for some of my hosting) has several patents. And it is kind of a Pot/Kettle scenario since they have used those on smaller companies in the past.

Re: Abolish The Patent, Vanquish The Troll

#19
post #16

Patent trolls suck. But with out patents there is no incentive for innovation. The issue is not that Patents are bad, it is that you can patent a "unique way to swing on the playground" and be awarded a patent. Patent officer often don't know what they are awarding a patent for. This is supposed to be kept in check by the fact that you can fight a patent. I think that if you file a patent, sue someone over it, and lo…

"But with out patents there is no incentive for innovation."

Aren't all of the tech companies who are supposedly violating these patents proof that the patents aren't needed for innovation?

Isn't making a better product so you can have a leg up on your competition incentive enough?

Re: Abolish The Patent, Vanquish The Troll

#20
To me, this is a strong sign that the patent holder should at least run a substantial risk of getting charged for legal costs if they lose. It might require a bit more due diligence on the part of the patent holder in genuinely enforceable patents, but it would all but eliminate the motivation of patent trolls when they know their patent is dubious.

I applaud Rackspace for this act of charity to the community, but it should not be necessary. Let's root for Rackspace, but it's more important to fix the system.

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