Something is missing from the story.
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| Author | Content |
|---|---|
| DarrenR114 Dec 28, 2006 12:14 PM EDT |
Mr. Dodge's supposition states that MS will probably use this patent as an active defense against patent trolls. If such an entity were to sue MS over something, how would holding this patent be a defense? Patent trolls, by definition, produce nothing but litigation. How could MS possibly counter sue against such using this patent? This proposed justification doesn't make sense - regardless of one's views on Utility patents and software. |
| Sander_Marechal Dec 28, 2006 12:52 PM EDT |
Patent trolls have websites and blogs that use RSS feeds? MS must have been thinking about something moronic as that. The only safe haven from patent trolls is abolishing software patents and a general revision of the patent system. Should a patent troll attack you the don't just fight the troll's patent in question, but fight the system. For obvious reasons MS doesn't want to do the latter, which is why I find SFLC's amicus brief on MS's behalf absolutely hillarious. A patent troll's weakness is a lack of money. They're only as good as their last victim. Any company with a sufficiently large budget should be able to fight them to a standstill and ultimately bankrupcy -- IBM style. MS could have done this with the Eolas mess but didn't. Either because they dropped the ball (fighting too many legal fights) or they conciously didn't because it would mean fighting software patents in general. |
| swbrown Dec 28, 2006 6:14 PM EDT |
> If such an entity were to sue MS over something, how would holding this patent be a defense? There was something recently regarding patents in the SCO trial where, if I remember this right (legal stuff at that level hurts my brain), IBM's lawyers said SCO was estopped from claiming infringement on the Dynix RCU stuff as the RCU patent had been out for X number of years. So, it sounds like patents can be used defensively, even if not used directly, by creating a time limit on trolls. However, seeing as patents are like nuclear bombs, and this one is totally bogus and aimed squarely at those who actually invented web feeds, and it's in the hands of a company that is currently funding baseless legal attacks against its opponents and threatening to sue others for violating a nebulous 'IP', well, this can't end well. |
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