| Patent reform is highly needed or patents risk to become nothing more than minefields that already established players will use to stall - and ultimately defeat - newcomers and innovation in general, rather than dissemination of information and furthering of the sciences. Software projects (especially Open Source) projects that get popular don't stand a chance against these trolls.
Don't think this is just something we need to read about. Action is required. At the moment Google/Android are being attacked by Rockstar Bidco, the Patent Troll King. It owns >6000 (ex-Nortel) patents, which (Microsoft, Apple, Sony, RIM and Ericsson bought jointly) they all stuffed into the Rockstar Bidco company that has no other function than suing possible 'infringers'. Given the vagueness and fondness of the USPTO to 'create intellectual property', this could be the perfect patent storm and Rockstar's boss said it himself: 'Pretty much anybody out there is infringing'. Meaning that whatever gets into the crosshairs of Rockstar, is on the hook for possibly millions of dollars.
Who can defeat a titanic patent Frankenstein as big as Rockstar Bidco? It cannot be sued because it produces nothing (aka an Non Practicing Entity). But it has enormous wealthy backers, so it can sue everyone for everything and just sit it out. In fact, its owners all hold patents on the mobile industry, so the 'urgency' and 'usefulness' of Rockstar could be questioned, outside of being a 'bigger stick to hit Android with'. Google or the Android manufacturers have no option but to face the lawsuits. Google will have a hard time fighting them off, but I don't see the Android manufacturers survive in one piece. And that's exactly the idea: eradicate Android, make all software development that isn't owned (or graced) by the Rockstar owners a sticky patent mess, leading to a small set of 'friends of Rockstar' who can afford to develop software in peace. That's not only bad for Android or Google, that's a bad sign for software development in general. Because what if Rockstar Bidco all of the sudden 'feels' that the SteamBox could threaten the Xbox/Playstation duopoly? What if Rockstar Bidco thinks that Ubuntu Phone OS is something that is in infringing on their phone software patents? Who will stand up for them? Of course Rockstar Bidco claims that they are independent, but that was only believed by fools when they formed and only idiots believe it now after the other shoe has dropped (Apple, RIM and Microsoft all attacking Google/Android). And to the supporters of Rockstar, just to be clear: Google was only invited for a jointly bid on the Novell patents, never on the Nortel patents. As per the legal counsel of Google: Microsoft’s objective has been to keep from Google and Android device-makers any patents that might be used to defend against their attacks. A joint acquisition of the Novell patents that gave all parties a license would have eliminated any protection these patents could offer to Android against attacks from Microsoft and its bidding partners. Making sure that we would be unable to assert these patents to defend Android — and having us pay for the privilege — must have seemed like an ingenious strategy to them. In short: Microsoft told them it was going to shoot their dog but offered them to hold the gun when they did it. The fact that so many frivolous software patents exist is bad enough, the fact that 5 of the biggest tech companies conspired to create the ultimate patent troll is outright disgusting. Hate Android/Google all you like, but such constructions aren't healthy for a competitive market, they'll just swallow more and more patents, and attack more and more companies, until nobody bothers because of relentless lawsuits as soon as something somewhat popular is produced. No developer will sleep easy at night when this becomes the default, as an NPE is like a ghost, not subject to the same attacks as a regular business, which makes it so much harder to defeat. If software can only be developed by the graces or whims of companies like Rockstar Bidco, the software industry will bleed to death in an instant. |