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Some older common law should be applied today.

pevans (44803) writes | more than 4 years ago

3

pevans (44803) writes "Over on Redhat's opensource.com I found this neat summary of a few old laws that could really help us today with the patent trolls. The article 'What's wrong with champerty?' is brief, but full of legal goodness that seems to have fallen by the wayside.

"Let's bring back barratry, maintenance, and champerty for patent lawsuits. Combine that with a limitation on the assignment of patents and a lot of patent trolls would be out of business.""

3 comments

I concur but! (1)

NSN A392-99-964-5927 (1559367) | more than 4 years ago | (#30900386)

Yes some of these laws need applying, However the problem you face is new laws being made over old laws just like a security patch if that makes sense. Patch, Patch, Patch to fix a bad done job in the first place. The bickering will never go away and there will always be patent, copyright and trademark issues. Frankly it is all about greed and money. Now as I have been using computers since 1978 and I can assure you that the only money left in Open Source is if you are a programmer or know how to configure any Linux or BSD boxen. Is that not the way it ought to be? Even when I read O'Reilly "Unix in a nutshell" http://oreilly.com/pub/topic/linux [oreilly.com] or "linux in a nutshell" the mind totally boggles with all the commands at your disposal. Seriously it is like trying to learn 12 languages and 7 martial arts and become a master. Pretty impossible. I sincerely would appreciate it if all the bickering stopped regarding patent rights, lets just get on with life! Try when possible to use a creative commons licence for your work http://creativecommons.org/about [creativecommons.org] and lets do away with these silly power struggles. love NSN

Re:I concur but! (1)

pevans (44803) | more than 4 years ago | (#30900606)

Well, I could only one up you by a couple of years on using a computer to program something. Yes, that is what I do for a living, no, nothing you've ever heard of :-)

But the real topic is the legal remedies that could be availed of and are not. I see your idea about patches being applied over existing law, but the analogy fails for common law I think. Law does change and gets amended, as you point out, but in common law some laws can always trump others. IANAL tho.

There really will always be bickering. Lets have laws that stop the obvious trolls in their tracks to the point that the really weak challenges don't even get to step one.

Re:I concur but! (1)

NSN A392-99-964-5927 (1559367) | more than 4 years ago | (#30900740)

Well, I could only one up you by a couple of years on using a computer to program something. Yes, that is what I do for a living, no, nothing you've ever heard of :-)

But the real topic is the legal remedies that could be availed of and are not. I see your idea about patches being applied over existing law, but the analogy fails for common law I think. Law does change and gets amended, as you point out, but in common law some laws can always trump others. IANAL tho.

There really will always be bickering. Lets have laws that stop the obvious trolls in their tracks to the point that the really weak challenges don't even get to step one.

You are correct, they are weak challenges and rather pathetic. As my Commander in the Military said always "Never under estimate the power of stupid people in large numbers". He was right and still is. I hope that inspires you too pevans which should be /MOTD Regards, NSN

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