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My problem with patent-overload is that it's turned into a protection scheme. Big company approaches me and my little company and says, "We think we have some
by crag 15y ago
My problem with patent-overload is that it's turned into a protection scheme. Big company approaches me and my little company and says,
"We think we have some patent issues".
And I say, "Really? Unlikely, we wrote everything from scratch."
And they reply, "How much money did you make last year?"
And I ask, "What's the got to do with anything?"
And they say, "do you know how much it will cost you to defend against our claims? So you can license for this sum now or pay 100 times that to your lawyers."
Guess what I do?
It's the same with patent trolls. Although they usually wait until you have a product to go after.
- atirip 15y agoSo, the legal system is broken instead?
- sunnydaynow 15y agoYes. Like in most of Europe, whoever looses the case should have to pay BOTH sides legal fees.
- finnw 15y agoThat is just as easy to use for extortion. Suppose we have a dispute over who owes who $1000. You hire a $10000 lawyer. I hire a $100000 lawyer. Now although we both get the same ($1000) if we win, you stand to lose more than I do. So if we both have even chances of winning I can use that to pressure you to drop your case.
- xentronium 15y agoHopefully, "Courts will often reduce attorney’s fee awards they find to be unreasonable and excessive".
- 5hoom 15y agoReally, it's as if paying off your friendly neighbourhood patent troll will become just another ugly cost of doing business. Maybe they should set up an online patent-protection store where developers can setup an account to ease the friction (probably wouldn't have a one-click checkout though).
- glassx 15y agoIt sounds a lot like how the Mafia operates...
- Tobu 15y agoRight, it's a protection racket. Except that software isn't anyone's turf in particular, there are no gang wars to keep the troll count low, so you'll end up paying, paying, and paying again until you are big enough to spend a lot on IP lawyers. Then the lawyers start to twiddle their thumbs, and you begin to acquire your own patent portfolio. Then you become part of the problem.