Apr 20, 2014
Newest Articles on the Libsyn Blog, Podcasting Links and mentions
Tom Sabella from The Business Side of Music
Mac Flight from The Airplane Geeks Podcast
Full comment re: Adam Carolla: "The Mark Maron and Adam Carolla piece really concerned me. Carolla showed how little he knows about patent litigation - which is a surprise, given his situation.
There is no “loophole” being exploited, as they claimed several times. This is exactly how it works in the U.S. where you can own a patent like any other piece of property. You don’t have to be the inventor and you don’t have to actually create anything based on the patent.
Typically, patent trolls are entities who buy patents from patent holders (usually the inventor, but not necessarily) for the express purpose of squeezing license fees out of others. It’s not extortion. It’s how the law works.
In this case, the patent holder is the inventor, which is why some feet the “troll” moniker is a little forced in this case.
Carolla seems to think our collective indignation gives us the power to prevail in this case. Maybe it makes him feel better, but that’s not how its done.
There are two main routes to a solution: (1) Winning the court case, typically by invalidating the patent (arguing prior art or that the idea is an obvious extension of something else), or (2) enacting legislation that removes the plaintiff’s ability (or desire) to prosecute.
That’s it. Running around saying “this is terrible” is wasted energy unless it’s directed at those two paths above.
Oh, and the reason for the case being tried in that East Texas Court is that they have a long history of being pro-plaintiff in patent litigation. Some Troll companies have even set up offices there to be close to the Court. Every good Patent Troll knows to bring suit there because the success rate is high and so are the awards.
Don’t get me wrong - I believe the patent system in the U.S. is seriously broken, and we podcasters, like many others, are feeling the pain of that. But if you want to do something effective to change that, either send your money to the EFF or lobby your Federal representatives to change patent law, or both.
Moaning about how wrong it is will not accomplish anything. We have to play the game to change the game."
Podcasting Articles and Links mentioned by Rob and Elsie
Podcasting Audio Editing Software List for PC (Windows)
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