It would seem that Todd Moore, owner of TMSoft, made a little public dig about Lodsys being a troll and now they’re after him. Nice. Didn’t anyone over at Troll Headquarters read that little quote about how you can tell the size of a man by what makes him angry? It reminds me of that great Dolly Parton quote, when asked how she felt about being labeled a “dumb blonde”:
I’m not offended by all the dumb blonde jokes because I know that I’m not dumb… I also know that I’m not blonde.
Whoever it was that asked her that question got seriously pwned. This is how I feel about trolls…the louder and stronger they come out against people saying they aren’t really trolls, and the more times they retaliate after having been called a troll, the stupider they look. (Stupider is a word, and if you didn’t know that then you probably also don’t know what duvet is, or you don’t watch America’s Got Talent.)
There are really two scenarios here:
A. Lodsys is not a troll and therefore it shouldn’t matter what anyone thinks of them.
B. Lodsys is a troll and is perfectly happy with that label and therefore it still shouldn’t matter what anyone thinks of them.
If either of those statements were true, they’d have pulled a Dolly Parton and let it be. I mean, do you see Dolly out there in the public denying who she is? The answer, my friends, is no, you don’t. When people retaliate after being called a name, it’s because there’s a disconnect in one of those two statements, which would make them read more along these lines:
A. Lodsys is a troll but objects to being called out on it like it’s some sort of state secret, so they’re going to make a fuss and go after anyone who shames them publicly.
B. Lodsys is a troll and is perfectly happy with its business model, but it’s socially unacceptable and makes them look bad so to avoid the discomfort they get all puffy and file a lawsuit to retaliate, which if you think about it just reinforces the thoughts about their behavior to begin with so that’s kinda dumb, Lodsys.
We’ve talked about this before, but when determining whether or not someone should be labeled a patent troll, you can look at behavior over time. Some disagree with that assessment, and that’s fine. We’ll just assume they got jacked by a random Kangaroo, is all. (KIDDING!!) But when you take a look at the fist full of lawsuits these folks have filed just recently, there’s only one thing to conclude: Lodsys is a patent troll, and it seems they’re in the process of meeting their match a la TMSoft.
You know what they say: sue Todd, get Moore.