
Patent troll Lodsys demands $5,000 from Martha Stewart. That was a bad idea - tmoretti
http://gigaom.com/2013/09/25/patent-troll-lodsys-demands-5000-from-martha-stewart-that-was-a-bad-idea/
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a3n
Well that's awkward. Lodsys is owned by Nathan Myhrvold' Intellectual
Ventures. Nathan Myhrvold has been a guest on Martha Stewart's show.

[http://www.marco.org/2013/08/08/lodsys-honest-
headline](http://www.marco.org/2013/08/08/lodsys-honest-headline)

[http://www.marthastewart.com/868204/modernist-cooking-
chef-n...](http://www.marthastewart.com/868204/modernist-cooking-chef-nathan-
myhrvold)

~~~
thinkcomp
The allegation of the link between Lodsys and IV has not yet been conclusively
proven as far as I can tell.

However, I did do some research into Lodsys and found this interesting fact:

[http://www.plainsite.org/articles/article.html?id=3](http://www.plainsite.org/articles/article.html?id=3)

Also, lawsuit docket here:

[http://www.plainsite.org/flashlight/case.html?id=2531707](http://www.plainsite.org/flashlight/case.html?id=2531707)

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dangero
This article lacks substance. Martha Stewart may not have it in for patent
trolls at all. It may be that she's a big target and her council has advised
her to make an example out of any patent trolls that approach her. This could
also mean that she has lawyers that are interested in racking up big bills.

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lnanek2
Haha, yeah, in the app industry this is referred to as the welcome package.
Most people aren't allowed to talk about it due to the terms. Good to see
someone actually try to fight it.

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paulsutter
The solution to patent trolls is a simple change to the law: patents should
only be used to recover actual damages to an existing business from
infringers, not force licensing fees.

That way patents could only be asserted against direct competitors that copied
your design. Since patent trolls have no real business they'd have no actual
damages.

~~~
tracker1
How would you suggest companies that design systems like ARM survive under
your concept?

I'd be for much stricter terms for patents, ie, they have to work with a
physical device.. not a "virtualized computing environment" ex: no software
patents. Or, software patents should be limited to 3-5 years.

All patents should have to be both unique, and non-obvious... no more
derivative patents, or limit derivative patents to 5 years.

A patent system where there are different classes of patent, lowest being 3
years for system, process, or strictly software patents... to 20 years for
hard, physical manufactured inventions.

~~~
bryanlarsen
Much of ARM's business is also protected by copyright.

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highwise
If I were a young and enterprising lawyer (I am not, I am programmer), I would
sell companies bullied by patent trolls legal defense for 90% of the sum being
blackmailed.

Companies that "took advantage of this program" would be entitled to
everything included legal defense in future demand arising from not yielding
to the patent trolls.

Startups would only pay 90% of the extorted sum, and also have the advantage
of not giving in and helping perpetuate the trolls' scheme.

I as a lawyer would earn a lot of income but would only have to defend in
court a small number of app developers actually being sued.

I think something like this would work because what really intimidates small
entrepreneurs is not losing the case in court, but just the onerous weight of
fighting the case, no matter its outcome.

The community would benefit from patent trolls earning less money.

Finally, I know that there is a chance that patent trolls would litigate
against each and every one refusing to give in. But in that case they would be
DoSing themselves.

~~~
harveyro
As a young lawyer, you wouldn't have the experience or resources to fight back
effectively. The trolls' lawyers would know this, and they might be more
likely to litigate as a result.

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noptic
Troll description from From D&D:

"Trolls are infamous for their regenerative abilities, able to recover from
the most grievous of wounds or regenerate entire limbs given time.

Severing a troll's head results merely in temporary incapacitation, rather
than death. After cutting off a troll's head or other limbs, one must seal the
wounds with fire or acid to prevent regeneration.

Because of this, most adventurers will typically carry some sort of implement
capable of creating fire."

IMPORTANT NOTE: So not take this literaly.

Diping a Lodsys exec in acid sounds like fun, but you will get in serious
trouble!

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greenyoda
Interesting that Martha Stewart is suing Lodsys in the US District Court for
the Eastern District of Wisconsin:

 _" On information and belief, Mr. Small [CEO of Lodsys] conducts Lodsys’s
business from an office located in Oconomowoc, Wisconsin, within this
jurisdictional district. Accordingly, on information and belief, Lodsys’s
primary place of business and/or headquarters is located within this judicial
district."_

Maybe that court will be more reasonable than the one in Texas where the
patent trolls like to file their suits?

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acd
During the BBS modem era there was a proper term for people who was only
sucking out data from the system but not giving anything back they were called
Leechers. Patent trolls are Leechers that pray on the true innovators in
society and suck out money.

How come we allow and tolerate this type of software patents at all?
Algorithms are similar to mathematics and mathematics you cannot patent
because the next step builds on the previous one.

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djrogers
That lady's done time - you don't mess with a lady that's done time...

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cloudwalking
How does Martha Stewart have the motivation and resources that Apple doesn't?
I'm skeptical.

~~~
barkingcat
Apple was barred from acting legally because it is an at-arms entity - the
lawsuits do not technically involve Apple directly so no matter how much money
or resources Apple had, they couldn't countersue for the subject matter at
hand. In this case, Apples hands were tied.

Apple can sue Lodsys directly for something different, but cannot countersue
for claims that Lodsys have brought against indy / small apps publishers.

Of course, a solution would be for Apple to purchase an indy developer
currently being sued, and thus be able to defend the developer because it now
involves Apple, but I doubt that is scalable for all the people being sued.

Another solution might be to provide free, ongoing legal aid (100 free lawyers
for the community would be great) for all companies being threatened this way
- but Apple is not running a charity.

Martha Stewart is being threatened directly, so they have the ability to
respond (since they have the funding/resources to do so).

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bastards
I'd never mess with Martha Stewart.

