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> The alternative explanation is that EFF, having experienced incredible and well-funded push-back in its attempts to invalidate dumb patents, believes that thi
by pclmulqdq 3y ago
> The alternative explanation is that EFF, having experienced incredible and well-funded push-back in its attempts to invalidate dumb patents, believes that this rule has been engineered to limit even further the ability of third-parties to challenge unnecessary patents.
I am expressing doubt about whether the EFF actually has a stake in these rule changes, as they very clearly state several times. The article here isn't about generic third parties. It's about the EFF. This rule change also came after someone essentially tried to use an IPR to extort VLSI technology and Intel. The lack of recognition of that extortion and the corresponding limitations on these rules suggests to me that the EFF is not being entirely forthright here.
> I mean, I don't want to be rude here, but it feels like "I've read the changes, I don't think they apply to EFF, so I guess the only explanation is that EFF is corrupt", seems a bit of a jump, compared to the simpler explanation that EFF does believe its process to be affected, as argued by the OP link.
Holy strawman batman. Read the second paragraph.
Also, the rule change is in English. You can actually read the rule change and you will realize that it's a lot more narrow than the EFF is suggesting. In particular, the new rules only limit IPRs for (a) for-profit companies (b) not currently engaged in litigation on patents that are in litigation (c) where said for-profit company is not in that field. All 3 of those have to be satisfied for your IPR to be tossed under those rules. Since the EFF is a non-profit, they should really have no problem with this.
If we were to take the EFF's words at face value that this rule change applies specifically to the EFF's ability to fight bad patents, the only real conclusion we can draw is that some of the EFF's funding comes from for-profit companies who want specific patents struck down (invalidating (a) above) or want the EFF to hurt their competitors, which would, in fact, be suggestive of corruption. The other conditions certainly don't apply to the EFF.
So that leaves us with one of two alternatives:
1. The EFF actually has no dog in the fight but just doesn't want to have an effective patent system; or
2. The EFF takes money from companies with the purpose of hurting their competitors.
- ImPostingOnHN 3y ago> This rule change also came after someone essentially tried to use an IPR to extort VLSI technology and Intel. the IPR process exists in part to combat patent trolling, which is worse than that, and happens more frequently than that, to greater harm than that -- unfortunately for the victims there, they usually aren't rich, politically-connected companies like Intel > the new rules only limit IPRs for (a) for-profit companies (b) not currently engaged in litigation on patents that are in litigation (c) where said for-profit company is not in that field. All 3 of those have to be satisfied for your IPR to be tossed under those rules. Since the EFF is a non-profit, they should really have no problem with this. (1) those limitations sound bad, when I want a for-profit company who is not currently litigating a patent to be able to challenge arbitrary patent trolls' IP via IPR without court costs being a barrier (2) 'these limitations don't directly affect X, therefore X shouldn't have a problem with it' is only true if X cares about nobody but themselves, which obviously isn't true here, given EFF's track record