Trolls Aren't the Only Threat Under the Bridge OSCON 2014
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Recent trends in software patent litigation, how they affect free software companies and projects and what we can do about it.
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Trolls Aren't the Only Threat Under the Bridge OSCON 2014
- 1. Trolls Aren't The Only Threat Under the Bridge Deb Nicholson OSCON July 23rd, 2014
- 4. Just in case you've been hiding under a rock...
- 5. “...annual wealth lost from NPE lawsuits was about $80 billion...” (Bessen et al. 2011)
- 6. Patent suits involving “NPEs” Source: PatentFreedom © 2013. Data captured as of January 18, 2013.
- 7. "...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
- 8. Plus it turns out they're everywhere
- 10. And everyone finally noticed...
- 11. And everyone finally noticed... National Public Radio ran two spots
- 12. And everyone finally noticed... National Public Radio ran two spots Many academics wrote about the problem
- 13. And everyone finally noticed... National Public Radio ran two spots Many academics wrote about the problem The Government Accounting Office did a study
- 14. 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
- 15. Legislation is being talked about
- 18. (a.k.a. say what you're actually suing about)
- 19. Fee-shifting
- 23. Review the patent at the USPTO, while litigation is on hold
- 24. Awesome, right?
- 25. Sadly, that's no longer on the table
- 26. What does all this mean for the future?
- 27. So the patent system still has HUGE problems.
- 29. The troll business model is pretty lucrative.
- 33. Practicing entities have been selling their patents to subsidiaries
- 34. Trolls don't have to care about FRAND
- 38. Universities produce patents and need money
- 39. Intellectual Ventures has “relationships” with over 300 schools
- 41. US Courts are becoming a bit more clueful
- 42. In New York, a troll was forced to return the money
- 47. There is such a thing as too much“indefiniteness”
- 49. "It's a really tough time to be a patent owner."
- 50. Sorry not sorry!
- 51. Alice v. CLS Bank
- 52. No more magical patentability for "on a computer"
- 53. Digitech v. everyone they could think of
- 54. "The Supreme Court recently reaffirmed that fundamental concepts, by themselves, are ineligible abstract ideas. Alice Corp. v. CLS Bank"
- 55. Predators may not be stopped
- 56. What can we do?
- 60. Community solutions Non-aggression pact Defensive patent pool
- 61. Community solutions Non-aggression pact Defensive patent pool Use the GPL (and the DPL)
- 62. Community solutions Non-aggression pact Defensive patent pool Use the GPL (and the DPL) Lobby for software specific reforms to your local patent regime
- 63. Every patent system has it's own challenges
- 65. Strategic reforms Complete transparency when suits are brought
- 66. Strategic reforms Complete transparency when suits are brought Much shorter lifespans for software patents
- 67. Strategic reforms Complete transparency when suits are brought Much shorter lifespans for software patents Eliminate functional claiming by requiring less fuzziness in patent applications
- 68. 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 incentivize the patent office
- 70. Individual activities Help with patent-busting
- 71. Individual activities Help with patent-busting Tell your lawmakers why this matters to you
- 72. Individual activities Help with patent-busting Tell your lawmakers why this matters to you Talk to colleagues and friends about predators
- 73. What we know about the general public's attention span
- 74. What we know about practicing entities
- 75. 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
- 76. 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 - Lee - Monkey With Guitar, by schatz, Money by Nick Ares CC.BY.SA Bergen Troll, by Deb Nicholson