5 ms·
I don't understand why this is an EFF fight. From what I gather the line of reasoning is something like: > eff cares about technology, in particular el
by whyIndeed 11y ago
I don't understand why this is an EFF fight.
From what I gather the line of reasoning is something like:
> eff cares about technology, in particular
electronics and communication.
> sometimes electronic systems, and the software these
systems employ, may be patented.
> patents in general may foster innovation, but
when misused, they may also stifle innovation.
> technological innovation, generally speaking, is
something the EFF cares about.
> in texas, there exists a group of political
activists colluding together to willfully
stifle technological innovation through
the careful misuse of U.S. patent law.
> although the manner in which these political
malefactors operate may be subtle and
convoluted, there is an obvious sense of the
goals behind their actions, and those goals
threaten to harm, not just a select group of
actors mired in interpersonal grudge matches,
but every participant in the American civil
justice system, by establishing dangerous
precedents with long reach and odd side
effects that may be weaponized to create
widespread strife and conflict amongst anyone
coming up against an opponent with the time,
money, and the awareness of said precedents.
> how the EFF is so certain of such intent
among these political actors remains
unclear, but because of this, the EFF is
willing to invest not-insignificant
resources in confronting and disrupting
their malignant behaviors.
> strategically speaking, should certain
specific legal decisions come to pass
in an American jurisdiction, it could
spell disaster for technological
innovation as a whole (really?), based
on the implicit logical corollaries
established by carefully chosen
legal battles won by this group.
> for this reason the EFF seeks to
challenge the validity of their
actions and their authority to operate
in general.
Is that about right?
- wtallis 11y agoIt's simpler than that, and doesn't rely on any far-fetched conspiracy theories. Nobody's actually trying or colluding to stifle innovation, they're just trying to abuse patent law to make money, with gross disregard for the purposes of patent law or the broader consequences of their actions. Perverse incentives can produce much of the same harms as a broad conspiracy, without the impracticality and implausibility of collusion. The Eastern District of Texas and the Federal Circuit have both undergone regulatory capture, which can be incredibly damaging to the public interest even when the regulators' intentions are quite innocent.
- whyIndeed 11y agoOkay, but I'm trying to figure out why the EFF is getting involved. It doesn't sound like their usual sort of kerfuffle. Sure, greed, corruption, and low-brow abuse of power is repugnant in and of itself, but where does this start to become a Electronic issue? How do the shenanigans of court district in Texas endanger an entire frontier of all things electronic?
- danparsonson 11y agoSoftware patents. See also https://en.wikipedia.org/wiki/Electronic_Frontier_Foundation https://en.wikipedia.org/wiki/Electronic_Frontier_Foundation - the introductory paragraph nicely sums up their remit.
- tracker1 11y agoHere you go, that's just one industry, and in general the problem hasn't gotten any better. http://www.droid-life.com/2012/01/24/web-of-tech-patent-lawsuits-infographic/ http://www.droid-life.com/2012/01/24/web-of-tech-patent-laws...
- walshemj 11y agoBecause it effects the entire industry and has negative effects for everybody.