Open-source Patent Troll • Hacker News Board

Re: Open-source Patent Troll

#21

Post by tobylane » Sun, Jun 12, 2011, 11:54 AM UTC

madmaze wrote: post #7

I think this is where the discussion comes in about whether or not to abolish software patents. It is disgusting that patent trolls go after OpenSource.

Open source doesn't really make a difference, there's still ownership, and there's still often corporate use. Someone suing over the GCC could sue Apple, Oracle, IBM, RedHat, etc, but wouldn't bother suing Linus or Stallman.

Re: Open-source Patent Troll

#22

Post by azoff » Tue, Jun 14, 2011, 3:17 AM UTC

UPDATE: Mr. Troll decided to email me again today, slightly different tone:

"""

Azoff,

There are several options available to you along with an opportunity for you and or your company to make some money regarding your software. Please call me by Wednesday at [ Mr. Troll Hotline ].

Regards,

[ Mr. Troll ]

"""

Re: Open-source Patent Troll

#23

Post by gallerytungsten » Mon, Jun 20, 2011, 11:03 PM UTC

azoff wrote: post #22

UPDATE: Mr. Troll decided to email me again today, slightly different tone: """ Azoff, There are several options available to you along with an opportunity for you and or your company to make some money regarding your software. Please call me by Wednesday at [ Mr. Troll Hotline ]. Regards, [ Mr. Troll ] """

If it's allowed in your jurisdiction, I'd suggest calling him and recording the call. Write a "script" beforehand of the things you want to say, and have a fallback line such as "I'm not sure of the answer, I'll have to follow up with you on that" if he tries to get you to admit to anything. Meanwhile, try to get him to over-reach in his claims and statements.

You might wind up getting some useful ammunition for later use; or if nothing else, a hilarious recording for further public shaming.

Re: Open-source Patent Troll

#24

Post by genbattle » Tue, Jun 21, 2011, 12:13 AM UTC

Having a patent pending is a scare-tactic use by alot of companies to scare off competitors. Some companies will keep re-applying for a patent even after being turned down, simply so they can keep displaying a "patent pending" mark on their product.

I'm no expert on patent law, but I would enquire as to which patent applications he's referring to (an ambiguous "we has patents" statement doesn't get them anywhere), and then I would check the applications and the filing party's previous filing history. If they're a pending troll, ignore and move on. If they don't have any actual pending patents relative to your work, ignore and move on. If your work predates his patent application, file a prior art declaration with the patent office against his patents, and move on.

Personally I dislike software patents to the extreme. I believe copyright is enough for software. If people want patent protection on their software, they should have to demonstrate working code that shows their concept in action, and they should submit the full source code with build tools and instructions. The point of patents is that 50 years after a patent is granted, the public should be able to pick up the patent and exactly replicate the original invention from the patent materials alone. I know that is certainly not the case for most modern patents, especially software patents.