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Abolish The Patent, Vanquish The Troll

rackspace.com

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Re: Abolish The Patent, Vanquish The Troll

#71

Post by takluyver »

tomp wrote: post #28
a_p wrote: post #22

If you cannot understand how people could possible think that software patents are acceptable, I recommend reading this article. [1] Not because it will convince you that software patents are good — it won't. But it will help you understand the thought process of lawyers who do think that there should be some software patents. For example, Goetz writes that he supports "patents where the preferred implementation of a…

Personally, I support software patents. I'm just against idea patents, as opposed to invention patents. Screen rotation is no invention. It's an idea; once you have it, it's trivial to implement. That, IMO, does not afford patent protection. However, certain things can, and should be patents. RSA, for example. It's a non-trivial procedure that was non-trivial to invent and there are not very many alternatives.

There's an interesting question about just what an invention is, though. At least in software, actual implementations are covered by copyright, and I can't see any hard and fast distinction between ideas and inventions.

For instance, determining the optimum layout of a mail application for a four inch screen probably takes a lot of tweaking and user testing. But there's no way that you can call it an invention, and your competitors are free to copy the layout, so long as they change the style enough that customers can clearly distinguish the products.

On the other hand, using a magnet to hold a power connector to a laptop seems like a really obvious idea once you've seen it. You don't have to study detailed documents to see how you could make it. But calling it an 'invention' seems reasonable - and it is patented. And it's perhaps the only thing that attracts me about Apple laptops, but that's not important right now.

Re: Abolish The Patent, Vanquish The Troll

#72

Post by jakejake »

joshaidan wrote: post #69

This sounds like it could be a good PR move for Rackspace. I've heard from quite a few developers who, for whatever reason, have a negative opinion of Rackspace. Does this action change your opinion of them? But perhaps it ultimate comes down to their service, the products they offer, and price.

Just curious why you've found that people don't like rackspace?

We've used them for a while without any major complaints.

Re: Abolish The Patent, Vanquish The Troll

#73

Post by hkmurakami »

larrys wrote: post #62
lukifer wrote: post #29

I've been thinking about the connection between biological signaling and advertising; like colored plumage or a large chest cavity, a multi-million ad campaign is a hard-to-fake signal, and in a way, such campaigns are as much about overt displays of power than the contents of the ad. In that sense, this move is the pinnacle of the best form of advertising. Whether they are acting out of pure altruism or pure strateg…

"thereby earning genuine trust with current and prospective customers" I don't disagree with that in general but I will raise the issue that you would need to know the percentage of current and future customers that really care about things like this to know the effect that it will have on their business in dollars. Consumers and business are fickle. Good will has a value but people will drop you in a dime if the nex…

I think this will positively affect potential applicants to the company much more than potential customers.

All things being equal, we all want to do good with our time and support organizations that do good.

Re: Abolish The Patent, Vanquish The Troll

#74

Post by hkmurakami »

davidroberts wrote: post #50

I totally applaud Rackspace's dedication to the public good. But I think their response is their best move economically too, despite the initial cost. They are basically saying "Troll me, and you risk losing the whole patent." It's like dealing with a playground bully. Once you display a willingness to fight, they go pick on someone less assertive.

ditto Newegg

"Newegg Crushes Patent Troll in Online 'Shopping Cart' Suit"

http://www.pcmag.com/article2/0,2817,2414778,00.asp

edit: better article link:

http://arstechnica.com/tech-policy/2013/01/how-newegg-crushe...

Re: Abolish The Patent, Vanquish The Troll

#75

Post by hkmurakami »

honzzz wrote: post #13
jonathanwallace wrote: post #4

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.

IMO it's more like "negotiating with terrorists" than outright support (which is bad enough).

The psychology/poli-sci experts have agreed on "don't negotiate terrorists" for a reason, and I think that attitude applies perfectly in this patent troll situation.

Re: Abolish The Patent, Vanquish The Troll

#76

Post by CamperBob2 »

lukifer wrote: post #29

I've been thinking about the connection between biological signaling and advertising; like colored plumage or a large chest cavity, a multi-million ad campaign is a hard-to-fake signal, and in a way, such campaigns are as much about overt displays of power than the contents of the ad. In that sense, this move is the pinnacle of the best form of advertising. Whether they are acting out of pure altruism or pure strateg…

The problem with getting rid of patents also has a biological analogue, unfortunately. Particularly beyond a certain age/career rank, patents are used to "signal" one's merit as an engineer. Obviously it's a false signal from a technical perspective but the social aspect is ironclad. There is a pecking order among old-school engineers, and the first number they pull out in any discussion from a polite professional argument to a Usenet dick-waving contest is the number of patents they hold.

Put bluntly, a lot of old farts are going to have to retire and/or die before we come to our senses and stop granting monopolies on ideas.

Re: Abolish The Patent, Vanquish The Troll

#77

Post by rayval »

dublinben wrote: post #53
larrys wrote: post #12

Earlier quoted context omitted.

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!)

Countless other companies in their position would pay the settlement and sign an NDA. We can never know the extent of this problem unless companies like RackSpace speak up.

Yes, it is also an indicator to me that if I am a RackSpace customer, and other issues come up (could be patents, could be government surveillance, or something else) that will affect me as a developer, Rackspace is more likely to be on my side than against me.

Obviously, I expect Rackspace to pursue its own business self-interest, but often there are multiple ways to do that, and not all of them are win-win for both the hosting company and for its customers.

Re: Abolish The Patent, Vanquish The Troll

#78

Post by hkmurakami »

>Patent trolls then follow each filing with a settlement demand “at a price far lower than the cost to defend the litigation.” (Id. at 1326.) This allows trolls to use the high cost of litigation as a club against operating companies.

This smells like another ugly practice by "rightsholders". Namely, the RIAA/MPAA litigation against individuals.

Re: Abolish The Patent, Vanquish The Troll

#79

Post by coolj »

escaped_hn wrote: post #67
coolj wrote: post #44

Earlier quoted context omitted.

A trademark is different from a software patent. A trademark addresses specific product branding in a specific market; a software patent -- at least the ones in question -- address a generic process that's not limited to a specific market. Consider the trademark on the Wikipedia name versus a (hypothetical) software patent on "a method for storing and displaying user-generated content."

Ok. If i want to start a cloud server company, can i use the generic word Cloud Server? if i do, will Rackspace sue me? Even if they are different things, seems like they reach the same outcome.

INAL, but my understanding is that you can use a generic phrase like "cloud servers", where both "cloud" and "servers" have pre-established meanings in the space, as long as you don't use the name for a product competing in the same space. E.g., you could call a service providing base images for clouds "Image Marketplace," but not "AWS Marketplace".

Re: Abolish The Patent, Vanquish The Troll

#80

Post by SoftwareMaven »

CamperBob2 wrote: post #76
lukifer wrote: post #29

I've been thinking about the connection between biological signaling and advertising; like colored plumage or a large chest cavity, a multi-million ad campaign is a hard-to-fake signal, and in a way, such campaigns are as much about overt displays of power than the contents of the ad. In that sense, this move is the pinnacle of the best form of advertising. Whether they are acting out of pure altruism or pure strateg…

The problem with getting rid of patents also has a biological analogue, unfortunately. Particularly beyond a certain age/career rank, patents are used to "signal" one's merit as an engineer. Obviously it's a false signal from a technical perspective but the social aspect is ironclad. There is a pecking order among old-school engineers, and the first number they pull out in any discussion from a polite professional ar…

Nowhere in the article (unless my reading skills have gone to pot...which is possible) did Rackspace propose destroying the patent system. They are talking about invalidating a particular patent, thereby de-clawing a particular troll.

It's also interesting that, in my nearly 20 years in the industry, I've never met anybody who actively bragged about their patents. I think there might be a little agism coming through in your comment...

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