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Gonzalo San Gil, PhD.

Copyright Troll Partner Threatens to Report Blogger to the Police - TorrentFreak [# ! '... - 0 views

torrentfreak.com/t-blogger-to-the-police-160403

copyright trolls threatening threat bloggers

shared by Gonzalo San Gil, PhD. on 04 Apr 16 - No Cached
    • Gonzalo San Gil, PhD.
      Gonzalo San Gil, PhD. on 04 Apr 16
       
      # ! :/ Just another #sad #copyright #trolling #story...
  • Gonzalo San Gil, PhD. on 04 Apr 16
     
    " Andy on April 3, 2016 C: 43 Breaking A company assisting US-based copyright troll outfit TCYK LLC has just threatened to report a blogger to the police. Joe Hickster, an anti-troll activist who has helped dozens of wrongfully accused individuals avoid paying settlement fees, was threatened after describing troll services company Hatton and Berkeley as being involved in a smoke-and-mirrors operation."
  • Gonzalo San Gil, PhD. on 04 Apr 16
     
    " Andy on April 3, 2016 C: 43 Breaking A company assisting US-based copyright troll outfit TCYK LLC has just threatened to report a blogger to the police. Joe Hickster, an anti-troll activist who has helped dozens of wrongfully accused individuals avoid paying settlement fees, was threatened after describing troll services company Hatton and Berkeley as being involved in a smoke-and-mirrors operation."
Gonzalo San Gil, PhD.

Patent Trolls Working Overtime | FOSS Force - 0 views

fossforce.com/...patent-trolls-working-overtime

patent trolls working overtime despite court ruling

shared by Gonzalo San Gil, PhD. on 18 Jul 15 - No Cached
  • Gonzalo San Gil, PhD. on 18 Jul 15
     
    "Christine Hall Unified Patents LogoThe trolls are still at it. In spite of the fact that the Supreme Court was busy ruling against them last year - between January and June it ruled against patent holders six times - the number of cases being brought by non-practicing entities (NPE), which is one measure of a troll, continues to rise."
  • Gonzalo San Gil, PhD. on 18 Jul 15
     
    "Christine Hall Unified Patents LogoThe trolls are still at it. In spite of the fact that the Supreme Court was busy ruling against them last year - between January and June it ruled against patent holders six times - the number of cases being brought by non-practicing entities (NPE), which is one measure of a troll, continues to rise."
Gonzalo San Gil, PhD.

Copyright Troll Asks Court to Ban the Term 'Copyright Troll' - TorrentFreak - 1 views

torrentfreak.com/he-term-copyright-troll-150804

copyright trolls ask court ban term :D think s by their name

shared by Gonzalo San Gil, PhD. on 05 Aug 15 - No Cached
  • Gonzalo San Gil, PhD. on 05 Aug 15
     
    " Ernesto on August 4, 2015 C: 36 News Adult movie studio Malibu Media has asked the Indiana federal court to ban negative terms during an upcoming trial against an alleged BitTorrent pirate. According to the copyright troll, descriptions such as "copyright troll," "pornographer" and "porn purveyor" could influence the jury."
Gonzalo San Gil, PhD.

The Evidence Is In: Patent Trolls Do Hurt Innovation - James Bessen - Harvard Business ... - 0 views

blogs.hbr.org/...tent-trolls-do-hurt-innovation

evidence patent trolls hurt innovation harvard business review

shared by Gonzalo San Gil, PhD. on 28 Jul 14 - No Cached
  • Gonzalo San Gil, PhD. on 28 Jul 14
     
    "by James Bessen | 10:00 AM July 25, 2014 Comments (12) Over the last two years, much has been written about patent trolls, firms that make their money asserting patents against other companies, but do not make a useful product of their own. Both the White House and Congressional leaders have called for patent reform to fix the underlying problems that give rise to patent troll lawsuits. "
  • Gonzalo San Gil, PhD. on 29 Jul 14
     
    "by James Bessen | 10:00 AM July 25, 2014 Comments (12) Over the last two years, much has been written about patent trolls, firms that make their money asserting patents against other companies, but do not make a useful product of their own. Both the White House and Congressional leaders have called for patent reform to fix the underlying problems that give rise to patent troll lawsuits. "
Gary Edwards

The True Story of How the Patent Bar Captured a Court and Shrank the Intellectual Commo... - 1 views

www.cato-unbound.org/...rt-shrank-intellectual-commons

patents software-patents

shared by Gary Edwards on 13 Sep 14 - No Cached
  • The change in the law wrought by the Federal Circuit can also be viewed substantively through the controversy over software patents. Throughout the 1960s, the USPTO refused to award patents for software innovations. However, several of the USPTO’s decisions were overruled by the patent-friendly U.S. Court of Customs and Patent Appeals, which ordered that software patents be granted. In Gottschalk v. Benson (1972) and Parker v. Flook (1978), the U.S. Supreme Court reversed the Court of Customs and Patent Appeals, holding that mathematical algorithms (and therefore software) were not patentable subject matter. In 1981, in Diamond v. Diehr, the Supreme Court upheld a software patent on the grounds that the patent in question involved a physical process—the patent was issued for software used in the molding of rubber. While affirming their prior ruling that mathematical formulas are not patentable in the abstract, the Court held that an otherwise patentable invention did not become unpatentable simply because it utilized a computer.
  • In the hands of the newly established Federal Circuit, however, this small scope for software patents in precedent was sufficient to open the floodgates. In a series of decisions culminating in State Street Bank v. Signature Financial Group (1998), the Federal Circuit broadened the criteria for patentability of software and business methods substantially, allowing protection as long as the innovation “produces a useful, concrete and tangible result.” That broadened criteria led to an explosion of low-quality software patents, from Amazon’s 1-Click checkout system to Twitter’s pull-to-refresh feature on smartphones. The GAO estimates that more than half of all patents granted in recent years are software-related. Meanwhile, the Supreme Court continues to hold, as in Parker v. Flook, that computer software algorithms are not patentable, and has begun to push back against the Federal Circuit. In Bilski v. Kappos (2010), the Supreme Court once again held that abstract ideas are not patentable, and in Alice v. CLS (2014), it ruled that simply applying an abstract idea on a computer does not suffice to make the idea patent-eligible. It still is not clear what portion of existing software patents Alice invalidates, but it could be a significant one.
  • Supreme Court justices also recognize the Federal Circuit’s insubordination. In oral arguments in Carlsbad Technology v. HIF Bio (2009), Chief Justice John Roberts joked openly about it:
  • ...17 more annotations...
  • The Opportunity of the Commons
  • As a result of the Federal Circuit’s pro-patent jurisprudence, our economy has been flooded with patents that would otherwise not have been granted. If more patents meant more innovation, then we would now be witnessing a spectacular economic boom. Instead, we have been living through what Tyler Cowen has called a Great Stagnation. The fact that patents have increased while growth has not is known in the literature as the “patent puzzle.” As Michele Boldrin and David Levine put it, “there is no empirical evidence that [patents] serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”
  • While more patents have not resulted in faster economic growth, they have resulted in more patent lawsuits.
  • Software patents have characteristics that make them particularly susceptible to litigation. Unlike, say, chemical patents, software patents are plagued by a problem of description. How does one describe a software innovation in such a way that anyone searching for it will easily find it? As Christina Mulligan and Tim Lee demonstrate, chemical formulas are indexable, meaning that as the number of chemical patents grow, it will still be easy to determine if a molecule has been patented. Since software innovations are not indexable, they estimate that “patent clearance by all firms would require many times more hours of legal research than all patent lawyers in the United States can bill in a year. The result has been an explosion of patent litigation.” Software and business method patents, estimate James Bessen and Michael Meurer, are 2 and 7 times more likely to be litigated than other patents, respectively (4 and 13 times more likely than chemical patents).
  • Software patents make excellent material for predatory litigation brought by what are often called “patent trolls.”
  • Trolls use asymmetries in the rules of litigation to legally extort millions of dollars from innocent parties. For example, one patent troll, Innovatio IP Ventures, LLP, acquired patents that implicated Wi-Fi. In 2011, it started sending demand letters to coffee shops and hotels that offered wireless Internet access, offering to settle for $2,500 per location. This amount was far in excess of the 9.56 cents per device that Innovatio was entitled to under the “Fair, Reasonable, and Non-Discriminatory” licensing promises attached to their portfolio, but it was also much less than the cost of trial, and therefore it was rational for firms to pay. Cisco stepped in and spent $13 million in legal fees on the case, and settled on behalf of their customers for 3.2 cents per device. Other manufacturers had already licensed Innovatio’s portfolio, but that didn’t stop their customers from being targeted by demand letters.
  • Litigation cost asymmetries are magnified by the fact that most patent trolls are nonpracticing entities. This means that when patent infringement trials get to the discovery phase, they will cost the troll very little—a firm that does not operate a business has very few records to produce.
  • But discovery can cost a medium or large company millions of dollars. Using an event study methodology, James Bessen and coauthors find that infringement lawsuits by nonpracticing entities cost publicly traded companies $83 billion per year in stock market capitalization, while plaintiffs gain less than 10 percent of that amount.
  • Software patents also reduce innovation in virtue of their cumulative nature and the fact that many of them are frequently inputs into a single product. Law professor Michael Heller coined the phrase “tragedy of the anticommons” to refer to a situation that mirrors the well-understood “tragedy of the commons.” Whereas in a commons, multiple parties have the right to use a resource but not to exclude others, in an anticommons, multiple parties have the right to exclude others, and no one is therefore able to make effective use of the resource. The tragedy of the commons results in overuse of the resource; the tragedy of the anticommons results in underuse.
  • In order to cope with the tragedy of the anticommons, we should carefully investigate the opportunity of  the commons. The late Nobelist Elinor Ostrom made a career of studying how communities manage shared resources without property rights. With appropriate self-governance institutions, Ostrom found again and again that a commons does not inevitably lead to tragedy—indeed, open access to shared resources can provide collective benefits that are not available under other forms of property management.
  • This suggests that—litigation costs aside—patent law could be reducing the stock of ideas rather than expanding it at current margins.
  • Advocates of extensive patent protection frequently treat the commons as a kind of wasteland. But considering the problems in our patent system, it is worth looking again at the role of well-tailored limits to property rights in some contexts. Just as we all benefit from real property rights that no longer extend to the highest heavens, we would also benefit if the scope of patent protection were more narrowly drawn.
  • Reforming the Patent System
  • This analysis raises some obvious possibilities for reforming the patent system. Diane Wood, Chief Judge of the 7th Circuit, has proposed ending the Federal Circuit’s exclusive jurisdiction over patent appeals—instead, the Federal Circuit could share jurisdiction with the other circuit courts. While this is a constructive suggestion, it still leaves the door open to the Federal Circuit playing “a leading role in shaping patent law,” which is the reason for its capture by patent interests. It would be better instead simply to abolish the Federal Circuit and return to the pre-1982 system, in which patents received no special treatment in appeals. This leaves open the possibility of circuit splits, which the creation of the Federal Circuit was designed to mitigate, but there are worse problems than circuit splits, and we now have them.
  • Another helpful reform would be for Congress to limit the scope of patentable subject matter via statute. New Zealand has done just that, declaring that software is “not an invention” to get around WTO obligations to respect intellectual property. Congress should do the same with respect to both software and business methods.
  • Finally, even if the above reforms were adopted, there would still be a need to address the asymmetries in patent litigation that result in predatory “troll” lawsuits. While the holding in Alice v. CLS arguably makes a wide swath of patents invalid, those patents could still be used in troll lawsuits because a ruling of invalidity for each individual patent might not occur until late in a trial. Current legislation in Congress addresses this class of problem by mandating disclosures, shifting fees in the case of spurious lawsuits, and enabling a review of the patent’s validity before a trial commences.
  • What matters for prosperity is not just property rights in the abstract, but good property-defining institutions. Without reform, our patent system will continue to favor special interests and forestall economic growth.
  • Gary Edwards on 13 Sep 14
     
    "Libertarians intuitively understand the case for patents: just as other property rights internalize the social benefits of improvements to land, automobile maintenance, or business investment, patents incentivize the creation of new inventions, which might otherwise be undersupplied. So far, so good. But it is important to recognize that the laws that govern property, intellectual or otherwise, do not arise out of thin air. Rather, our political institutions, with all their virtues and foibles, determine the contours of property-the exact bundle of rights that property holders possess, their extent, and their limitations. Outlining efficient property laws is not a trivial problem. The optimal contours of property are neither immutable nor knowable a priori. For example, in 1946, the U.S. Supreme Court reversed the age-old common law doctrine that extended real property rights to the heavens without limit. The advent of air travel made such extensive property rights no longer practicable-airlines would have had to cobble together a patchwork of easements, acre by acre, for every corridor through which they flew, and they would have opened themselves up to lawsuits every time their planes deviated from the expected path. The Court rightly abridged property rights in light of these empirical realities. In defining the limits of patent rights, our political institutions have gotten an analogous question badly wrong. A single, politically captured circuit court with exclusive jurisdiction over patent appeals has consistently expanded the scope of patentable subject matter. This expansion has resulted in an explosion of both patents and patent litigation, with destructive consequences. "
  • Paul Merrell on 14 Sep 14
     
    I added a comment to the page's article. Patents are antithetical to the precepts of Libertarianism and do not involve Natural Law rights. But I agree with the author that the Court of Appeals for the Federal Circuit should be abolished. It's a failed experiment.
Gonzalo San Gil, PhD.

Copyright Trolls Announce UK Anti-Piracy Invasion - TorrentFreak - 0 views

torrentfreak.com/uk-anti-piracy-invasion-151002

copyright trolling troll trolls invasion how not outlaw yet as lobbying lobby lobbies

shared by Gonzalo San Gil, PhD. on 02 Oct 15 - No Cached
  • Gonzalo San Gil, PhD. on 02 Oct 15
     
    " Ernesto on October 2, 2015 C: 0 Breaking Tens of thousands of Internet subscribers are at risk of receiving piracy settlement demands after copyright trolls announced they are preparing to launch one of the largest ever anti-piracy campaigns in the UK. The new wave of enforcement actions is supported"
Gonzalo San Gil, PhD.

How operating companies can stop patent trolls: Cut off the ammo | Ars Technoica - 0 views

arstechnica.com/...patent-trolls-cut-off-the-ammo

patent trolls stopped operating companies cut off amm

shared by Gonzalo San Gil, PhD. on 10 Jul 14 - No Cached
  • Gonzalo San Gil, PhD. on 10 Jul 14
     
    "Six tech companies have kicked off a new program that they hope will put a major dent in patent trolling, even with Congress unable to pass patent reform."
  • Gonzalo San Gil, PhD. on 10 Jul 14
     
    "Six tech companies have kicked off a new program that they hope will put a major dent in patent trolling, even with Congress unable to pass patent reform."
Gonzalo San Gil, PhD.

Copyright Troll Backs Down When Faced With Exposure - TorrentFreak - 0 views

torrentfreak.com/hen-faced-with-exposure-161109

copyright trolls down facing exposure

shared by Gonzalo San Gil, PhD. on 09 Nov 16 - No Cached
  • Gonzalo San Gil, PhD. on 09 Nov 16
     
    " By Andy on November 9, 2016 C: 1 News Companies that make money from threatening alleged file-sharers are known for their bullying tactics but those who are prepared to fight back can enjoy success. A letter sent by a defense lawyer to the copyright trolls behind the movie London Has Fallen provides an excellent and highly entertaining example. "
Gonzalo San Gil, PhD.

Patent abuse litigation laws passed or pending in over twenty U.S. states | Opensource.com - 0 views

opensource.com/...tate-laws-target-patent-trolls

patent abuse laws u s states twenty opensource against trolls their end

shared by Gonzalo San Gil, PhD. on 11 Jun 14 - No Cached
  • Gonzalo San Gil, PhD. on 11 Jun 14
     
    "Patent reform may have stalled this year at the federal level, but patent trolls may soon find their actions curtailed by a number of patent abuse litigation laws that have been passed or are pending in over twenty U.S. states."
  • Gonzalo San Gil, PhD. on 11 Jun 14
     
    "Patent reform may have stalled this year at the federal level, but patent trolls may soon find their actions curtailed by a number of patent abuse litigation laws that have been passed or are pending in over twenty U.S. states."
Gonzalo San Gil, PhD.

Internet Trolls Explain Why They Do What They Do | Alternet - 0 views

www.alternet.org/...plain-why-they-do-what-they-do

internet trolls reasons trolling to the clear

shared by Gonzalo San Gil, PhD. on 23 Sep 16 - No Cached
  • Gonzalo San Gil, PhD. on 23 Sep 16
     
    "Their reasons are not always what you would expect. By Kali Holloway / AlterNet "
Gonzalo San Gil, PhD.

Accused Movie Pirate Wins Extortion Case Against Copyright Trolls | TorrentFreak - 2 views

torrentfreak.com/s-case-copyright-trolls-140429

movie pirate wins extortion copyright case free Internet culture

shared by Gonzalo San Gil, PhD. on 29 Apr 14 - No Cached
  • Gonzalo San Gil, PhD. on 29 Apr 14
     
    " Ernesto on April 29, 2014 C: 8 News Law firm Dunlap, Grubb and Weaver, pioneers of the BitTorrent copyright troll cases in the United States, have thrown in the towel. The law firm conceded defeat in a fraud and abuse case that was brought against them by an alleged pirate, and were ordered to pay nearly $40,000. "
Gonzalo San Gil, PhD.

Say It Ain't So, Woz: Steve Wozniak Says Patent Trolls Are Okay | Techdirt - 0 views

www.techdirt.com/...13201510845.shtml

Apple Steve Wozniak defense patent trolls patent mess stifle innovation technology

shared by Gonzalo San Gil, PhD. on 06 Sep 15 - No Cached
  • Gonzalo San Gil, PhD. on 06 Sep 15
     
    "from the too-bad dept Via Joe Mullin, we learn the rather unfortunate news that, when asked about Paul Allen's decision to sue lots of big tech companies over questionable patents, Wozniak comes out in favor of "patent trolls" and patent holders suing companies who actually innovate. "
Gonzalo San Gil, PhD.

Steal This Show S02E05: Trolling For Justice - TorrentFreak - 1 views

torrentfreak.com/l-show-s02e05-trolling-justice

trolling justice Steal This Show

shared by Gonzalo San Gil, PhD. on 03 Nov 16 - No Cached
  • Gonzalo San Gil, PhD. on 03 Nov 16
     
    " By J.J. King on November 3, 2016 C: 0 News Bits Today we bring you the next episode of the Steal This Show podcast, discussing renegade media and the latest file-sharing and copyright news. In this episode we talk to The Yes Men's Mike Bonanno, aka Igor Vamos."
Gonzalo San Gil, PhD.

Patent Litigation Cost US Business About A Trillion Dollars In A Quarter Century, Outwe... - 0 views

www.techdirt.com/...ury-outweighing-benefits.shtml

patent litigation cost business more than benefits time new

shared by Gonzalo San Gil, PhD. on 29 Apr 14 - No Cached
  • Gonzalo San Gil, PhD. on 29 Apr 14
     
    "from the trolls-strike-again dept Techdirt recently wrote about the ever-growing flood of patents being granted by the USPTO. As we've emphasized, more patents do not mean more innovation; nor do they necessarily lead to greater overall benefits for business."
  • Gonzalo San Gil, PhD. on 29 Apr 14
     
    "from the trolls-strike-again dept Techdirt recently wrote about the ever-growing flood of patents being granted by the USPTO. As we've emphasized, more patents do not mean more innovation; nor do they necessarily lead to greater overall benefits for business."
Gonzalo San Gil, PhD.

The new art of war: How trolls, hackers and spies are rewriting the rules of conflict -... - 0 views

www.techrepublic.com/...ewriting-the-rules-of-conflict

new art war trolls hackers spies rewriting rules conflict

shared by Gonzalo San Gil, PhD. on 28 Sep 15 - No Cached
    • Gonzalo San Gil, PhD.
      Gonzalo San Gil, PhD. on 28 Sep 15
       
      [# ! Via, TY x #share, Donnamae Angel Bowering's FB @ https://www.facebook.com/groups/cybrpunk/]
  • Gonzalo San Gil, PhD. on 28 Sep 15
     
    "By Steve Ranger Cyberwar isn't going to be about hacking power stations. It's going to be far more subtle, and more dangerous."
  • Gonzalo San Gil, PhD. on 28 Sep 15
     
    "By Steve Ranger Cyberwar isn't going to be about hacking power stations. It's going to be far more subtle, and more dangerous."
Gonzalo San Gil, PhD.

Received a Piracy Letter? UK Solicitor Will Defend You For Free | TorrentFreak - 0 views

torrentfreak.com/ill-defend-you-for-free-150320

piracy letter received Michael Coyle solicitor will defend You for free charity support exchange

shared by Gonzalo San Gil, PhD. on 21 Mar 15 - No Cached
  • Gonzalo San Gil, PhD. on 21 Mar 15
     
    " Andy on March 20, 2015 C: 0 Breaking In recent weeks customers of UK ISPs have received letters from copyright trolls demanding settlement for alleged downloading of movies. Today they can fight back. Southampton-based lawyer Michael Coyle informs TorrentFreak that if the accused make a charitable donation in support of his London Marathon run, he will provide his time for free."
  • Gonzalo San Gil, PhD. on 21 Mar 15
     
    " Andy on March 20, 2015 C: 0 Breaking In recent weeks customers of UK ISPs have received letters from copyright trolls demanding settlement for alleged downloading of movies. Today they can fight back. Southampton-based lawyer Michael Coyle informs TorrentFreak that if the accused make a charitable donation in support of his London Marathon run, he will provide his time for free."
Gonzalo San Gil, PhD.

Beware: Piracy Defense Lawyers Can Be "Trolls" Too - TorrentFreak [# ! Note] - 1 views

torrentfreak.com/wyers-can-be-trolls-too-160208

piracy defense lawyers trolls copyright corruption law justice coexistence

shared by Gonzalo San Gil, PhD. on 10 Feb 16 - No Cached
  • Gonzalo San Gil, PhD. on 10 Feb 16
     
    " Ernesto on February 8, 2016 C: 37 News Every month hundreds of people are sued for sharing copyrighted media through file-sharing networks, mostly BitTorrent. This practice is big business for copyright holders and lawyers alike. Unfortunately, however, not all defense attorneys appear to have the best interests of their clients at heart."
Gonzalo San Gil, PhD.

Patent Troll Sues Everyone For Infringing On Encryption-Related Patent By Encrypting Th... - 0 views

www.techdirt.com/...ncrypting-their-websites.shtml

patent troll sue everyone infringing encryption-related encryption websites

shared by Gonzalo San Gil, PhD. on 03 Dec 15 - No Cached
  • Gonzalo San Gil, PhD. on 03 Dec 15
     
    "from the um,-we-actually-offer-no-encryption-services-of-our-own.-sorry. dept Underdog Texas company takes on corporate giants! Scores of big brands - from AT&T and Yahoo! to Netflix, GoPro and Macy's - are being sued because their HTTPS websites allegedly infringe an encryption patent. It appears in May this year CryptoPeak Solutions, based in Longview, Texas, got its hands on US Patent 6,202,150, which describes "auto-escrowable and auto-certifiable cryptosystems." CryptoPeak reckons TLS-secured websites that use elliptic curve cryptography are infringing the patent - so it's suing owners of HTTPS websites that use ECC. Top tip: loads of websites use ECC these days to securely encrypt their traffic."
Gonzalo San Gil, PhD.

Anti-Piracy Group FACT Expands Reach Beyond Hollywood - TorrentFreak [# ! Note] - 0 views

torrentfreak.com/-reach-beyond-hollywood-161110

group fact reach hollywood beyond copyright troll trolling business

shared by Gonzalo San Gil, PhD. on 10 Nov 16 - No Cached
  • Gonzalo San Gil, PhD. on 10 Nov 16
     
    Andy on November 10, 2016 C: 9 News The Federation Against Copyright Theft says that it will branch out into new areas of IP enforcement. For decades the anti-piracy group has relied on Hollywood for much of its business but with that work now being carried out by the MPA and others, FACT will offer services to companies outside the audio-visual sector.
Gonzalo San Gil, PhD.

Jury finds CBS infringes podcasting patent, awards $1.3 million | Ars Technica - 1 views

arstechnica.com/...ting-patent-awards-1-3-million

jury finds cbs podcasting patent awards million Personal Audio

shared by Gonzalo San Gil, PhD. on 16 Sep 14 - No Cached
  • Gonzalo San Gil, PhD. on 16 Sep 14
     
    ""Patent troll" lost its damages case, but it can move on to trials against NBC, Fox."
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