Steven Levy's Wired magazine feature on the cancerous multiplication of patents has all the hallmarks of Levy's work: excellent, eminently readable, human-scale tech reporting that makes important issues comprehensible.
The rise of trolls came as a result of a court system that seemed to favor them every step of the way. The vagueness of the underlying patents, the ridiculous ease with which plaintiffs could file a suit, the high costs defendants faced, and the unthinkable consequences of losing—all created an environment in which trolls were routinely rewarded for filing frivolous suits. But by the late 2000s, courts and the legislature began slowly chipping away at these factors. In 2003 a company called MercExchange successfully sued eBay over the provenance of its Buy It Now button. When eBay appealed, MercExchange took the common step of asking for an injunction against the defendant, which would have barred eBay from using the disputed technology as long as the case remained open. This was intended to prevent firms from profiting unfairly from someone else’s invention. But all too often it further pressured companies to settle quickly so they could go back to business. Courts could be quick to grant such injunctions, but when the issue came before the Supreme Court in 2006, the justices determined that more care should be taken with that drastic step. This precedent made it harder for challengers to threaten a defendant’s entire business.
The Patent Problem
(Image: Brock Davis)
The EU had been expected to fine Google a little over €1B for its anti-competitive practice of promoting its own shopping service over competitors’ in search results: today’s €2.42B comes as a surprise, as does the ongoing fine if it fails to change its behavior within 90 days — up to €10.6m a day, or […]
Uganda is so poor that few can afford medical care, giving it one of the lowest life-expectancies on the planet — this toxic combination made the country ripe for infiltration by Tiens, a Chinese Multi-Level-Marketing “nutritional supplements” cult whose members set up fake medical clinics that diagnose fake ailments and proscribe fake medicines, then rope […]
Yahoo’s sale to Verizon means that Yahoo’s sub-companies — Flickr, Tumblr and a host of others — are now divisions of a phone company, and as you might expect, being on the payroll of a notorious neutracidal maniac with a long history of sleazy, invasive, privacy-destroying, monopolistic, deceptive, anti-competitive, scumbag shakedowns has changed the public […]
Learning a new language will give your resume an upgrade, sure, but it will also provide a huge cognitive boost for mental tasks outside of translation and conversation. Bilingual brains have been shown to be better at handling multiple concurrent tasks, and gaining fluency in a new tongue is an amazing way to improve memory, […]
If you struggle to get a good night’s rest, consider replacing your pillows before dropping hundreds on a new mattress. You can give your tired neck a break with a 2-pack of memory foam pillows, available now in the Boing Boing Store.Each of these pillows is stuffed with cooling polyurethane foam that molds to your […]
Although flagship smartphones are unlikely to adopt heavy-duty outer casing anytime soon, you can always prepare your device for the outdoors with a beefy case and and an external battery like this Nomad Tile Trackable PowerPack, available in the Boing Boing Store for $119.95.The Nomad Tile can fully recharge an iPhone 7 over three times […]