[amikula]

To me, this is a strong sign that the patent holder should at least run a substantial risk of getting charged for legal costs if they lose. It might require a bit more due diligence on the part of the patent holder in genuinely enforceable patents, but it would all but eliminate the motivation of patent trolls when they know their patent is dubious.

I applaud Rackspace for this act of charity to the community, but it should not be necessary. Let's root for Rackspace, but it's more important to fix the system.

[zmmmmm]

At some point it should be more than legal costs. Threatening someone with a patent that is manifestly not applicable should be considered a form of fraud in extreme cases, just like it is if I send you a false invoice in the mail demanding payment. We need to raise the risk factor enough that patent trolls can't simply write off their losses against all their successes. They'll keep going as long as the benefits outweigh the risk.

[davidu]

That's the goal of the SHIELD act, which will not pass, unfortunately.