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Difference between revisions of "Saving High-Tech Innovators from Egregious Legal Disputes Act"

(External links: * [http://venturebeat.com/2012/08/02/congress-pass-the-shield-anti-patent-troll-bill-pretty-please/ Congress: pass the SHIELD anti-patent-troll bill (pretty please)], 2 Aug 2012,)
(== Worthwhile or waste of time? == === The bad === It doesn't invalidate any software patents or prevent the patent office from granting them, so it's a missed opportunity (in its current form). T)
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The proposal talks about [[patent trolls]] but nothing in the proposal limits it to trolls, or even the narrower category "non-practicing entities".  Trolls are however the most common filers of frivolous law suits.
 
The proposal talks about [[patent trolls]] but nothing in the proposal limits it to trolls, or even the narrower category "non-practicing entities".  Trolls are however the most common filers of frivolous law suits.
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== Worthwhile or waste of time? ==
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=== The bad ===
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It doesn't invalidate any software patents or prevent the patent office from granting them, so it's a missed opportunity (in its current form).  There's the risk that excitement around this proposal will take interest away from abolition.
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It only helps companies.  [[Free software]] and independent software projects usually don't get hit with frivolous law suits.  Their problems come [[Harm with neither litigation nor threats|without litigation or even threats]].
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=== The good ===
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The definition of "software patent" is broad, which would be good if we want to reuse it in a future proposal.
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It's also good that the legislation acknowledges that [[Why software is different|software patents are different]].  Separating software patents from other patents is a precondition for abolition of software patents.
  
 
== Defining software patents ==
 
== Defining software patents ==

Revision as of 19:48, 6 August 2012

In the USA, Saving High-Tech Innovators from Egregious Legal Disputes Act (SHIELD) is a legislative proposal to make software patent and computer hardware patent litigants pay the legal fees of their victims if the judge decides that the litigation was clearly without merit.

The proposal talks about patent trolls but nothing in the proposal limits it to trolls, or even the narrower category "non-practicing entities". Trolls are however the most common filers of frivolous law suits.

Worthwhile or waste of time?

The bad

It doesn't invalidate any software patents or prevent the patent office from granting them, so it's a missed opportunity (in its current form). There's the risk that excitement around this proposal will take interest away from abolition.

It only helps companies. Free software and independent software projects usually don't get hit with frivolous law suits. Their problems come without litigation or even threats.

The good

The definition of "software patent" is broad, which would be good if we want to reuse it in a future proposal.

It's also good that the legislation acknowledges that software patents are different. Separating software patents from other patents is a precondition for abolition of software patents.

Defining software patents

Interestingly, the proposal gives a definition of software patents:

(3) SOFTWARE PATENT.—The term ‘software patent’ means a patent that covers—
    (A) any process that could be implemented in a computer regardless of whether a computer is specifically mentioned in the patent; or
    (B) any computer system that is programmed to perform a process described in subparagraph (A).

And for "computer":

(1) COMPUTER.—The term ‘computer’ means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes—     (A) any data storage facility or communications facility directly related to or operating in conjunction with such device; and     (B) any processor or peripheral, such as a monitor or input device, directly related to or operating in conjunction with such device.

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