Trolls Are Not the Only Threat Under the Bridge, SCALE12x

274 views

Published on

Many small and medium free software projects are staffed by volunteers that don't have any money to tempt a patent aggression entity. There's been plenty of talk about patent trolls, but money isn't the only motive for a patent suit. Even if non-practicing entities are eventually curtailed, ill-intentioned practicing entities may not be affected. The free software community will still have to worry about anti-competitive suits, nuisance suits and suits designed to spread fear, uncertainty and doubt about the adoption of free software. So, what can we as free software builders, promoters and users do to protect the code we care about?

Published in: Technology
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
274
On SlideShare
0
From Embeds
0
Number of Embeds
10
Actions
Shares
0
Downloads
6
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Trolls Are Not the Only Threat Under the Bridge, SCALE12x

  1. 1. Trolls Aren't The Only Threat Under the Bridge Deb Nicholson SCALE Feb. 22, 2014
  2. 2. Just in case you've been hiding under a rock...
  3. 3. “...annual wealth lost from NPE lawsuits was about $80 billion...” (Bessen et al. 2011)
  4. 4. Patent suits involving “NPEs” Source: PatentFreedom © 2013. Data captured as of January 18, 2013.
  5. 5. "...patent trolls... are increasingly targeting users and adopters, rather than makers of the technology: this tactic is used an estimated 40% of the time." Colleen V. Chien: Tailoring the Patent System to Work for Software and Technology Patents
  6. 6. Plus it turns out they're everywhere
  7. 7. And everyone finally noticed...
  8. 8. And everyone finally noticed... National Public Radio ran two spots
  9. 9. And everyone finally noticed... National Public Radio ran two spots Many academics wrote about the problem
  10. 10. And everyone finally noticed... National Public Radio ran two spots Many academics wrote about the problem The Government Accounting Office did a study
  11. 11. And everyone finally noticed... National Public Radio ran two spots Many academics wrote about the problem The Government Accounting Office did a study The Federal Trade Commission has plans
  12. 12. Legislation is being talked about
  13. 13. The Innovation Act
  14. 14. Heightened pleading
  15. 15. (a.k.a. say what you're actually suing about)
  16. 16. Fee-shifting
  17. 17. Stop “discovery abuse”
  18. 18. Better transparency
  19. 19. Limited protection for end-users
  20. 20. Review the patent at the USPTO, while litigation is on hold
  21. 21. Awesome, right?
  22. 22. Sadly, that's no longer on the table
  23. 23. What does all this mean for the future?
  24. 24. Again with the awesome.
  25. 25. Except...
  26. 26. The patent system still has huge problems.
  27. 27. The patent system still has HUGE problems.
  28. 28. And just to recap why we all care
  29. 29. Practicing entities have been selling their patents to subsidiaries
  30. 30. Trolls don't have to care about FRAND
  31. 31. Anti-competitive suits
  32. 32. Cross-licensing “requests”
  33. 33. Universities have patents and need money
  34. 34. Intellectual Ventures has “relationships” with over 300 schools
  35. 35. So legislation is incomplete
  36. 36. But corporate back-dealing remains robust
  37. 37. Some glimmers of hope from the US courts..
  38. 38. In New York, a troll was forced to return the money
  39. 39. "serious, good-faith effort"
  40. 40. Akamai v. Limelight
  41. 41. More end-user suits?
  42. 42. Biosig v. Nautilus
  43. 43. “indefiniteness” vs. “obvious”
  44. 44. Soverain v. Newegg
  45. 45. "It's a really tough time to be a patent owner."
  46. 46. Sorry not sorry!
  47. 47. SCOTUS is unpredictable
  48. 48. Predators may not be affected
  49. 49. What can we do?
  50. 50. Community solutions
  51. 51. Community solutions Non-aggression pact
  52. 52. Community solutions Non-aggression pact Defensive patent pool
  53. 53. Community solutions Non-aggression pact Defensive patent pool Use the GPL (and the DPL)
  54. 54. Community solutions Non-aggression pact Defensive patent pool Use the GPL (and the DPL) Lobby for software specific reforms to your local patent regime
  55. 55. Every patent system has it's own challenges
  56. 56. Strategic reforms
  57. 57. Strategic reforms Complete transparency when suits are brought
  58. 58. Strategic reforms Complete transparency when suits are brought Much shorter lifespans for software patents
  59. 59. Strategic reforms Complete transparency when suits are brought Much shorter lifespans for software patents Eliminate functional claiming by requiring less fuzziness in patent applications
  60. 60. Strategic reforms Complete transparency when suits are brought Much shorter lifespans for software patents Eliminate functional claiming by requiring less fuzziness in patent applications Don't financially incentive the patent office
  61. 61. Individual activities
  62. 62. Individual activities Help with patent-busting
  63. 63. Individual activities Help with patent-busting Tell your lawmakers why this matters to you
  64. 64. Individual activities Help with patent-busting Tell your lawmakers why this matters to you Talk to colleagues and friends about predators
  65. 65. What we know about the general public's attention span
  66. 66. What we know about practicing entities
  67. 67. Picture Credits CC.0 from Blendswap Dromaeosaur Raptor, by Animaniac888 CC.BY from Flickr Mushroom and Moss, by Jason Pratt - Packhorse Bridge, by Alan Cleaver - Bucket of Trolls, by grenade - Butterfly In Bed, by maxintosh - Beware of Butterfly, by Valentina Powers - Bridge Over Wey, by Steve Parker CC.BY.SA from Flickr Bad Boss, by noii - Giraffe Huddle, by infomatique Goldfish, by Steven Lilley - Crotchet Camo, by See Ming Lee - Monkey With Guitar, by schatz CC.BY.SA Bergen Troll, by Deb Nicholson
  68. 68. Resources Patent-busting sites http://linuxdefenders.org/ https://trollingeffects.org/ http://patents.stackexchange.com/ Reading Patent Assertion and Startup Innovation, by Colleen V. Chien with OTI/New America Foundation,2013
  69. 69. Questions? deb@openinventionnetwork.com

×