A new target for tech patent trolls: cash-strapped American cities
arstechnica.com
arstechnica.com
This made me laugh pretty hard.
Licensing a "concept" is ridiculous and I don't know how people can get away with it. Suppose we came up with a very abstract definition of what constitutes a table, and the next time a company wants to design one they owe the inventor of the table a fee. Would that put it in perspective just how ridiculous patent trolls are?
Arrival star made a device that keeps track of schedules. I can understand patenting their specific hardware, designs, etc..., but how can they claim that they invented the concept of scheduling, let alone that it is so unique that they are able to mark it as theirs?
Hey, Arrival Star, it's called competition. If someone makes a similar device (without "stealing" your exact designs), don't cry about it. You need to one-up them or find a cheaper way to do it.
For instance, if someone invents a machine that takes a chunk of wood and makes a toy piano out of it can get a patent on the device. But someone else can invent a completely different, or even possibly slightly different, device that creates a similar toy piano and not infringe on the patent. But if it worked like software patents then it would be illegal for anyone to build little toy pianos, regardless of how, that are similar to the first patent on the concept.
As an example, Apple has a patent on slide-to-unlock on a predetermined path. This means that no one can create a slide-to-unlock on their system even it has completely different code, graphics, design, etc, if the thing slides to unlock on a path. Apple owns the "concept" of sliding something along a predefined path for the purpose of unlocking a device.
Even worse, I'm not sure such patents even say how it's done. It's like having a patent on a box with a button that pops out cupcakes when said button is pressed and declaring that no one ever again shall make a box that pops out cupcakes. Without ever having to bother to explain how said box works.
Unfortunately, I think more and more people are going to be suing entities with Deep Pockets like this in the future, as it becomes a viable business model.
The only solution is to counter-sue and drive up the legal costs on the other side.
Surely, surely, this must provoke change? Now it's directly affecting tax payers people won't stand for it?
A "find prior art for this patent" website, with various gamification style badges and points could be insanely popular. Especially if it was accessible in small chunks on smartphones (so people could do 5 minutes of noodling while on a bus for example) and it had Facebook integration.
EDIT:
> ArrivalStar has even taken the bold step of suing the US Postal Service
You don't fuck with the postal service.
Last edit:
The patent (I think)
(http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&Sec...)
It's been done. http://www.articleonepartners.com/
Once mayor offices have trouble funding their campaign promises because of shit like this, they'll raise taxes, and screw the taxpayers yet again.
The fact is, we don't know yet whether this will be a good or bad thing - though as noted, I believe it's likely to prove the former.
Your beliefs shape how your world evolves; if you choose to consistently interpret events negatively, as you just did, your world will move away from becoming a better, happier place.
I live in California; and in San Francisco. Every election there are additional taxes on the ballot. This year there are 3 different proposals to raise taxes by various amounts. Locally, the MUNI is out of money and is planning on raising rates, parking fees, etc. The City had to issue bonds to do basic street maintenance.
It's a never-ending cycle.
A mechanism for running a political campaign using a computer.
US states have some special rights wrt US patents. Cities, as creatures of states, share those rights.
You cannot support patents and at the same time tell us, with a straight face, that somehow it is still for the common good.
Pirates are accused of stealing for the way they handle IP--what mental gymnastics are folks willing to go through to condemn this while condoning that?
It all sounds so nice, unfortunately they fail to mention who sets the price -- which is: the government. In many cases, if you look how they treated people in Texas while building the Mexico-Canada corridor, they were offered prices that anyone in sound mind would straightforwardly call "stealing".
For the city, the value of a suit would be compared against the proposed settlement. For the troll, the value of the suit would be compared against the proposed settlement times the number of potential targets. In this case: every city in America.
So the city has no hope that the troll would fold. Indeed we would expect the troll to fight tooth and nail and appeal well past the point where any city would see individual benefit.
This is why Patent Trolling works. You hit small targets for payouts lower than the legal fees of fighting and once that revenue is tapped, maybe you take a few shots at the endzone by suing larger companies.
As with patent trolls targeting mobile app developers, what this underscores, is the need for some joint-defense fund against patent trolls.
But whereas small app developers have little experience working together, fewer resources and place a higher priority on short-term benefit, US cities are quite different. They have experience working together, sharing knowledge and making joint plans. They have large total budgets and secure-enough footing to make plans even if they may not bear fruit for several years. The odds of their coming together to nip this in the bud are far higher than with small app developers or even larger tech companies.
Trolls may have just shot themselves in the foot on this one.