Writing in The New Yorker, Tim Wu calls for "total war on patent trolls" and lays out a roadmap for attacking the extortionists who are costing the US economy a reported $30B/year by extorting license fees for patents that never should have been issued and don't cover what the patent trolls say they cover.
There are good laws in place that could fight trolls, but they sit largely unused. First are the consumer-protection laws, which bar “unfair or deceptive acts and practices.” Some patent trolls, to better coerce settlement, purposely misrepresent matters such as the strength of their patents, the extent of other settlements, and their actual willingness to litigate. Second, there are plenty of remedies available under the unfair-competition laws. Some trolls work by aggregating an enormous number of patents, and then present the threat that one of their thousands of patents might actually be valid. The creation of these portfolios for trolling may be “agreements in restraint of trade” under Section 1 of the Sherman Antitrust Act, or they may “substantially lessen competition” under the Clayton Antitrust Act. More generally, the methods of the trolls are hardly what you would call ordinary methods of competition; they should be considered, rather, what the Federal Trade Commission calls “unfair methods of competition” under Section 5 of the F.T.C. Act. The Commission has the power to define and punish methods of business that are inherently harmful with few or no redeeming benefits, and that’s what trolling is. Finally, it is possible that the criminal laws barring larceny and schemes to defraud may cover the conduct of some trolls.
How to Make War on Patent Trolls
Tim Wu, the Colombia University law professor and anti-trust/competition expert who coined the term “Net Neutrality,” has published an open letter to Tim Berners-Lee, the creator of the web and director of the World Wide Web Consortium (W3C).
Rogue archivist Rick Prelinger writes, “Oakland students planned to paint a mural on a dark freeway underpass in their city. The project is stalled because Caltrans asserts copyright to murals on its property. The details are a bit sketchy, but there’s a petition here.
Steven Boyett writes, “Humble Bundle has released a unicorn-themed Bundle, with proceeds to benefit the World Wide Fund for Nature and Fauna & Flora International. For as little as $1.00, you can get Ariel, by Steven R. Boyett (full disclosure: that’s me); Unicorn Mountain, by Michael Bishop; Homeward Bound, by Bruce Coville; and Unicorn Triangle, […]
Bamboo has lots of uses beyond just being panda food. Things like bikes, roads, scaffolding, and musical instruments are made from the fast-growing grass. But unless you are participating in a tropical-themed LARP, you probably wouldn’t want a shirt made from bamboo stalks. So why do bamboo bed sheets make any sense? Because yarn extracted from […]
If you want to work in tech, but don’t have any desire to code web apps to help businesses sell things to other business, you might want to consider a career in cybersecurity. Judging from the apparent complete infiltration of Russian hackers in American cyberspace, it seems fair to speculate that there’s a major shortage of […]
All moms are different. But all moms like getting flowers on Mother’s Day, and that’s a fact (not, however a fact we can document in any fashion.) Instead of getting chewed out for forgetting to call her on the second Sunday of May, you can take care of it ahead of time with Teleflora’s flower […]