Yeah yeah, I know, they joined last December when the article was first published. Late to the party much? Don’t they know all the good hor d’oeuvres get eaten up within the first 1/2 hour? That’s just common sense, folks.
Nevertheless, the article was brought to the surface again recently via a tweet by that Sneaky Cuban, Mark. You know, maybe that old quote from Frazier applies to me more than I think:
Are you saying that I’m redundant? That I repeat myself? That I say things over and over?
I get it. That’s me. I keep saying it over and over again because it seriously rubs me the wrong way, but Mark Cuban funds trolls. There’s no other way to look at this. So for him to tweet this article is, how you say, ironic. Dontcha think?
Anyway, onward and upward with some quotes:
Friedland isn’t sure how word of the settlement leaked to Troll Town, but he says that after he paid the fee, he was inundated with infringement letters from trolls.
I’ll tell you how it was leaked: the trolls are networked. They communicate. Hell, for all we know they hold Illuminati-esque meetings once a month in a bunker in Lucerne, Switzerland with the sole purpose of formulating coordinated attacks. Here’s a tip to Deep Pockets (that’s you, troll targets): Your jets fly there too.
In other words, if that’s too subtle for you, why don’t you guys do the same thing? Coordinate a response. It looks like some of you did in this case by filing an amicus brief or two, but seriously? That all you got?
Open up your wallets, find a bank somewhere (I know! I know! Make it Switzerland, since you’re already there!), get an account, and FUND A MASS DEFENSE. The only thing evil people understand are lawyers, guns, and money. You have two out of the three, and that ain’t bad. In fact, it’s enough. Get some lawyers and some money, and you won’t even need the guns.
This really, truly isn’t rocket science. We don’t need Leonard and Sheldon to help us here. (As an aside, I cannot believe it took me so long to give Big Bang Theory a try. That show is the Soft Kitty’s meow!) We just need a few big companies to pony up some money, let a few others buy in at whatever price point they can, and go to war with these trolls every.single.time. they sue you. Make them hurt. Bleed them dry. That’s what they’re trying to do to you, no? So sleep with the enemy for a night or two for the sole purpose of getting back at your ex. Wait, what? For the sole purpose of beating a bigger enemy, that’s what I meant to say. It may feel slimy, you may not like yourself in the morning, but it has the huge potential to work.
You can talk patent reform in general, software patent reform in particular, and those are excellent conversations to have. You can go after invalidation via Prior Art searches. You don’t abandon trying to fix the system; it’s broken and needs
to be eliminated an overhaul at the very least. But in the meantime, you can’t just tweet about it and complain. How about some action?
…Saving High-Tech Innovators From Egregious Legal Disputes (or SHIELD) Act, that would force NPEs to pay defendants’ legal costs if a judge determines that a patent lawsuit didn’t have a reasonable chance of succeeding.
I’m not a lawyer (though I do watch one on TV), but can’t judges assess court costs to the loser without there being a specific law that says they have to? I mean, not that the SHIELD act is dumb, but is it necessary when, if judges would
grow a pair do the right thing, we wouldn’t need it?
As I’ve said before (see Frazier quote…here I go again) this is all about money. It’s about a business model that the patent system currently allows, if not outright encourages. The way to beat the bully is to not back down. How much money are the targets, big and small, spending on payola? Has it stopped the lawsuits? No. If you feed the trolls, they come back. That’s, like, what we all learned in Kindergarten when our Moms wouldn’t let us feed that poor sad little dog that showed up on the doorstep one night: If you feed it, it will stay and since you already have a hamster, two goldfish, a chameleon, and three cats we cannot afford to keep this little dog.
Or something like that.
The problem isn’t going away and it isn’t getting better. Isn’t it time for a new approach?