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
Here’s the 32 minute video of my presentation at last month’s O’Reilly Security Conference in New York, “Security and feudalism: Own or be pwned.”
Michael Geist writes, “The global music industry has spent two decades lobbying for restrictive DMCA-style restrictions on digital locks. These so-called “anti-circumvention rules” have been actively opposed by many groups, but the copyright lobby claims that they are needed to comply with the World Intellectual Property Organization’s Internet treaties. Now the head of the RIAA […]
The Auralnauts’ wildly successful Star Wars remixes have gone from strength to strength, combining bad lip reading, South Park-ish raunchy humor, and massive dance-parties accompanied by some seriously rockin’ tunes.
Loot Crate is a totally different kind of subscription service that mails subscribers monthly boxes filled with curated geek, pop culture, and gamer paraphernalia. Its cult following awaits a box every month filled with everything from bobble heads to T-shirts to special edition collectibles. But nothing gets Loot Crate fans as excited as the limited […]
The ARMOR-X Mini Flexible Phone Tripod is a smartphone tripod that is designed with flexible legs to rest on virtually any type of surface. Other tripods have proved useless unless I conveniently have a flat surface in front of me, which is why this particular tripod was appealing enough to try out. The ARMOR-X is compact and easy […]
You don’t need to get an advanced degree and take out massive loans to become a coder. This bundle of 10 courses was designed to teach anyone to code at home for less than it costs to go out for dinner. I was particularly impressed with this new 2017 bundle because it includes courses on […]