
A 32-year-old state senator is trying to get patent trolls out of Massachusetts - jessiemcr
https://techcrunch.com/2017/07/14/this-32-year-old-state-senator-is-trying-to-get-patent-trolls-out-of-massachusetts/
======
Animats
I'm always amused at the Silicon Valley attitude towards "patent trolls".
Figuring out some way to make people slave for below minimum wage - fine.
Obtaining a monopoly and then raising prices - fine. Using a monopoly in one
area, such as an app store, to keep out competitors for your own products -
fine. Shipping crap that doesn't work - fine. But enforcing patent rights -
that's bad.

~~~
pitaj
Wow. Straw man galore.

Edit: feel like I should expand one this.

None of the opinions you mentioned are consistent across HN, nor are they
supported by all of the same people. Not even a majority of HNers support most
of those opinions. In fact, I think the only one of those that HNers do tend
to support in majority is "But enforcing patent rights - that's bad."

~~~
jay-anderson
I don't think even the majority of agree that enforcing patents is wholly bad.
It's a bit more nuanced than that. Some of my personal problems with patent
enforcement of the top of my head: (1) it often isn't encouraging creators to
keep creating (the patents being enforced have been sold or assigned away from
the individual) (2) patents are being used as a stock pile for insurance
against other companies suing them (3) non-practicing entities (patent trolls)
are generally the ones bringing law suits (4) many patents we hear about
appear low quality (obvious, prior art, do it on a computer/network, etc.)

After seeing issues like the above over and over again it feels like the
system isn't working to do what it should. I'd love to see patent enforcement
to help fund the work of inventors and push the overall state-of-the-art
forward, but it really feels like that's not what's happening right now.

~~~
mojomark
All of the "problems" you state are valid, but targeting patent enforcement to
fix the problem is like trying to stiffle a food poisoning epidemic by
changing the way people eat instead of fixing the source of the problem which
is in the food prep.

Patent trolls are succesful because of the millions of worthless patents
issued (i.e. scope that actually does overlap prior art, such that people
think they have broader protection than they actually have). The other reason
is that people are filing patents (and getting them granted) based on concepts
that seem viable in principle, but which they haven't actually distilled to
practice (ahem - Magic Leap).

All of these issues can be greatly mitigated by reinstituting (1) the rule for
inventors to actually demonstrate the technology they're patenting to the
USPTO.

1\. [https://www.uspto.gov/custom-page/inventors-eye-what-are-
cur...](https://www.uspto.gov/custom-page/inventors-eye-what-are-current-
guidelines-submiting-models-your-patent-application)

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mc32
This can only be good for Mass tech and tech companies in general. One can
only hope more politicians wise up to the negative externalities of patent
trolls. That and opposition to anti-compete clauses are what politicians
should to attract talent to their regional economies.

~~~
pnw_hazor
The proposed law is useless. Other states have similar laws -- they are
useless.

The problem is that they rely on infringement claims being made in "bad
faith." Patent trolls never make claims that would trigger these bad faith
conditions.

Or, if they had made qualifying "bad faith" claims in the past, it is trivial
to update their demand letters to avoid triggering the bad faith clauses in
these bills or laws.

~~~
rev_null
I think the laws are also useless because they require that claims be filed in
Massachusetts.

The article mentions cloudflare a bunch, but they are based out of California.
I don't even know of them being sued by a patent troll in Massachusetts.

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asdfologist
How dare he? They're just trying to atone for their sins.

~~~
kenbolton
I clicked to the comments to pun "let's take the mass out of patent trolls."
well done, friend.

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pnw_hazor
" You hear about the three or four kids in a dorm room who are tinkering
around with an idea, then suddenly, they get slammed with one of these
completely vague cease-and-desist letters from a place they’ve never heard of,
citing patents they didn’t know existed. The threat is: turn over everything
you’re doing to us, or pay us $30,000."

Has this ever happened? I don't think so.

Also, it would be nice if the interview included a peppercorn of information
about the bills.

WA state has a new anti-patent troll law. It is useless.

edit: link to the bill sponsored by Eric Lesser
[https://malegislature.gov/Bills/190/S128](https://malegislature.gov/Bills/190/S128)

edit2: after scanning the bill, it looks like every "mainstream" patent troll
would be able to continue to operate without making any changes to their
practice. Only the most incompetent lawyers have any chance of triggering the
"bad faith" element in this law. (Same as WA state anti-patent troll law.)

~~~
bahmboo
Yes it does happen. Small startup gets a shakedown when they get into
incumbent player market. Been there. Not always but it can be game ending. Not
commenting on the quoted anecdote, just my experience and word of mouth from
others.

~~~
nerdponx
It happens for trademarks too.

~~~
80211
Well, yes, but you can change your name and usually avoid having to pay up a
large sum.

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lr4444lr
Pardon my ignorance, but if these firms are buying up patents, aren't they
paying fairly and squarely for IP assets? Whether or not they produced the IP,
how does that factor into whether or not they are "bad actors" in commercial
exchange?

~~~
Retric
The problem is they are 'buying worthless patents'. Then trying to get people
to pay not because of the patent, but because the US court system is so
expensive.

One of the problems is the patent office may grant an extremely narrow patent,
but the courts just might interpret it broadly. However, the shell company
suing you has no assets to recover over a bogus suit. So, taking them to court
has zero upside, costs money, and has a tiny chance of costing a lot of money.
Thus troll.

~~~
kutkloon7
IMHO the patents are usually not narrow, but overly broad, and they should not
have been registered in the first place.

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astrodust
The title seems abbreviated for no apparent reason.

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Pulcinella
What can they really do at the state level? I believe patents are a federal
issue. I'm not sure what a state law can do about a patent troll trying to
enforce "their" federally granted patent rights.

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marcoperaza
What a garbage heap of an article. There is not even a single sentence giving
a summary of what the bill would do.

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EGreg
I guess when you hit 2 to the 5th power you want to make big changes in the
world :)

~~~
pnw_hazor
Well that may be. But, this bill isn't it. It is almost a copy of other
ineffective laws in place in other states.

