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SHIELD Act: finally a cure for patent trolling

Anyone in technology has seen how patent trolling has impeded technological innovation, and Congress is making a move to take legitimate action.

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patent trolling

What can be done to stop patent trolling

We have long written about the perils of patent trolling, which is a practice wherein a company files for patents on technologies/inventions they do not plan on ever using, rather sue when someone else “infringes” on their patent. But of course, like no bigot realizes that they’re a bigot, patent trolls do not consider themselves trolls, rather business people.

[pl_blockquote pull=”right” cite=”Boston University”]
“Patent troll suits cost American
technology companies over
$29 billion in 2011 alone.”
[/pl_blockquote]The current American patent system is set up to support trolling, in fact, I would argue that it encourages it, just look at the dockets of courts around the nation (or around East Texas, wink, wink). Last fall, President Obama signed the “America Invests Act” which is divided into three parts – (1) keeping the patent system attractive to global companies by aligning its processes with other countries’ processes, (2) aligning of funding for the U.S. Patent Office with its needs by modifying its fee system, and (3) raising the bar on the quality of the patents so only the most appropriate patent infringement lawsuits are filed. Click here to read the full Act.

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Related:

Infographic on why the current patent system is a problem.
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The President’s “America Invests Act” is not enough

Today, Congressman Peter DeFazio (D-OR) introduced legislation cosponsored by Jason Chaffetz (R-UT) that would protect American tech startups from patent trolls. HR 6245, the SHIELD Act, is a bipartisan effort to put the financial burden on patent trolls, and is already garnering a great deal of support.

“Patent trolls don’t create new technology and they don’t create American jobs,” said Congressman DeFazio in a statement. “They pad their pockets by buying patents on products they didn’t create and then suing the innovators who did the hard work and created the product. These egregious lawsuits hurt American innovation and small technology start ups, and they cost jobs. My legislation would force patent trolls to take financial responsibility for their frivolous lawsuits.”

[pl_blockquote pull=”right” cite=”Congressman Chaffetz”]
“A single lawsuit, which may easily cost
over $1 million if it goes to trial, can
spell the end of a tech startup and the
jobs that it could have created.”
[/pl_blockquote]Chaffetz said, “The SHIELD Act ensures that American tech companies can continue to create jobs, rather than waste resources on fending off frivolous lawsuits. A single lawsuit, which may easily cost over $1 million if it goes to trial, can spell the end of a tech startup and the jobs that it could have created. The tech industry is one of the few bright spots in our economy. It spurs the economy and creates thousands of high-quality jobs. This bill combats the problem of patent trolls by moving to a ‘losers pays’ system for software and hardware patent litigation.”

The Congressmen say the SHIELD Act does not have any impact on innovators with legitimate patent infringement claims and will force patent trolls to pay defendants’ legal bills.

The statement notes that “Patent trolls often buy broad patents that allow them to file flimsy lawsuits against multiple companies for infringement. Despite very thin evidence to back their lawsuits, companies are often forced to settle because going to court can easily cost over $1 million in legal costs even if the company prevails. Patent trolls most often target software and computer hardware companies. According to a recent Boston University study, patent troll suits cost American technology companies over $29 billion in 2011 alone.”

Lani is the Chief Operating Officer at The American Genius and has been named in the Inman 100 Most Influential Real Estate Leaders several times, co-authored a book, co-founded BASHH and Austin Digital Jobs, and is a seasoned business writer and editorialist with a penchant for the irreverent.

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4 Comments

4 Comments

  1. Seth Siegler

    August 2, 2012 at 3:46 pm

    That’s a huge step in the right direction.  Raising the stakes in the decision of a troll to sue a company that is actually innovating could really cut down on some of the perils of releasing a product that actually solves problems.  I just wish there would be some sort of complete review of all existing, outlandishly broad patents that were somehow granted.  

    • laniar

      August 2, 2012 at 5:19 pm

       @Seth Siegler Agreed. In my personal opinion, this is just one tiny step – the entire system needs to be overhauled, and not in a cutesy “vote for me, I care about patent trolls” way politicians have been doing for the last year, but tear the whole thing down and rebuild it.

      • Seth Siegler

        August 2, 2012 at 5:42 pm

         @laniar Totally.  The best thing about this is that it’s bipartisan.  I forgot that word existed.  Hopefully it’s a start to fixing the actual problem.  Maybe we can even start making mobile apps in real estate, without getting sued!

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Experts warn of actual AI risks – we’re about to live in a sci fi movie

(TECH NEWS) A new report on AI indicates that the sci fi dystopias we’ve been dreaming up are actually possible. Within a few short years. Welp.

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AI robots

Long before artificial intelligence (AI) was even a real thing, science fiction novels and films have warned us about the potentially catastrophic dangers of giving machines too much power.

Now that AI actually exists, and in fact, is fairly widespread, it may be time to consider some of the potential drawbacks and dangers of the technology, before we find ourselves in a nightmarish dystopia the likes of which we’ve only begun to imagine.

Experts from the industry as well as academia have done exactly that, in a recently released 100-page report, “The Malicious Use of Artificial Intelligence: Forecasting, Prevention, Mitigation.”

The report was written by 26 experts over the course of a two-day workshop held in the UK last month. The authors broke down the potential negative uses of artificial intelligence into three categories – physical, digital, or political.

In the digital category are listed all of the ways that hackers and other criminals can use these advancements to hack, phish, and steal information more quickly and easily. AI can be used to create fake emails and websites for stealing information, or to scan software for potential vulnerabilities much more quickly and efficiently than a human can. AI systems can even be developed specifically to fool other AI systems.

Physical uses included AI-enhanced weapons to automate military and/or terrorist attacks. Commercial drones can be fitted with artificial intelligence programs, and automated vehicles can be hacked for use as weapons. The report also warns of remote attacks, since AI weapons can be controlled from afar, and, most alarmingly, “robot swarms” – which are, horrifyingly, exactly what they sound like.

Read also: Is artificial intelligence going too far, moving too quickly?

Lastly, the report warned that artificial intelligence could be used by governments and other special interest entities to influence politics and generate propaganda.

AI systems are getting creepily good at generating faked images and videos – a skill that would make it all too easy to create propaganda from scratch. Furthermore, AI can be used to find the most important and vulnerable targets for such propaganda – a potential practice the report calls “personalized persuasion.” The technology can also be used to squash dissenting opinions by scanning the internet and removing them.

The overall message of the report is that developments in this technology are “dual use” — meaning that AI can be created that is either helpful to humans, or harmful, depending on the intentions of the people programming it.

That means that for every positive advancement in AI, there could be a villain developing a malicious use of the technology. Experts are already working on solutions, but they won’t know exactly what problems they’ll have to combat until those problems appear.

The report concludes that all of these evil-minded uses for these technologies could easily be achieved within the next five years. Buckle up.

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Daily Coding Problem keeps you sharp for coding interviews

(CAREER) Coding interviews can be pretty intimidating, no matter your skill level, so stay sharp with daily practice leading up to your big day.

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Whether you’re in the market for a new coding job or just want to stay sharp in the one you have, it’s always important to do a skills check-up on the proficiencies you need for your job. Enter Daily Coding Problem, a mailing list service that sends you one coding problem per day (hence the name) to keep your analytical skills in top form.

One of the founders of the service, Lawrence Wu, stated that the email list service started “as a simple mailing list between me and my friends while we were prepping for coding interviews [because] just doing a couple problems every day was the best way to practice.”

Now the service offers this help for others who are practicing for interviews or for individuals needing to just stay fresh in what they do. The problems are written by individuals who are not just experts, but also who aced their interviews with giants like Amazon, Google, and Microsoft.

So how much would a service like this cost you? Free, but with further tiers of features for additional money. Like with all tech startups, the first level offers the basic features such as a single problem every day with some tricks and hints, as well as a public blog with additional support for interviewees. However, if you want the actual answer to the problem, and not just the announcement that you incorrectly answered it, you’ll need to pony up $15 per month.

The $15 level also comes with some neat features such as mock interview opportunities, no ads, and a 30 day money back guarantee. For those who may be on the job market longer, or who just want the practice for their current job, the $250 level offers unlimited mock interviews, as well as personal guidance by the founders of the company themselves.

Daily Coding Problem enters a field with some big players with a firm grasp on the market. Other services, like InterviewCake, LeetCode, and InterviewBit, offer similar opportunities to practice mock interview questions. InterviewCake offers the ability to sort questions by the company who typically asks them for that individual with their sights targeted on a specific company. InterviewBit offers referrals and mentorship opportunities, while LeetCode allows users to submit their own questions to the question pool.

If you’ve really got your eye on the prize of receiving that coveted job opportunity, Daily Coding Problem is a great way to add another tool in your tool box to ace that interview.

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Quickly delete years of your stupid Facebook updates

(SOCIAL MEDIA) Digital clutter sucks. Save time and energy with this new Chrome extension for Facebook.

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facebook desktop

When searching for a job, or just trying to keep your business from crashing, it’s always a good idea to scan your social media presence to make sure you’re not setting yourself up for failure with offensive or immature posts.

In fact, you should regularly check your digital life even if you’re not on the job hunt. You never know when friends, family, or others are going to rabbit hole into reading everything you’ve ever posted.

Facebook is an especially dangerous place for this since the social media giant has been around for over fourteen years. Many accounts are old enough to be in middle school now.

If you’ve ever taken a deep dive into your own account, you may have found some unsavory posts you couldn’t delete quickly enough.

We all have at least one cringe-worthy post or picture buried in years of digital clutter. Maybe you were smart from the get-go and used privacy settings. Or maybe you periodically delete posts when Memories resurfaces that drunk college photo you swore wasn’t on the internet anymore.

But digging through years of posts is time consuming, and for those of us with accounts older than a decade, nearly impossible.

Fortunately, a Chrome extension can take care of this monotonous task for you. Social Book Post Manager helps clean up your Facebook by bulk deleting posts at your discretion.

Instead of individually removing posts and getting sucked into the ensuing nostalgia, this extension deletes posts in batches with the click of a button.

Select a specific time range or search criteria and the tool pulls up all relevant posts. From here, you decide what to delete or make private.

Let’s say you want to destroy all evidence of your political beliefs as a youngster. Simply put in the relevant keyword, like a candidate or party’s name, and the tool pulls up all posts matching that criteria. You can pick and choose, or select all for a total purge.

You can also salt the earth and delete everything pre-whatever date you choose. I could tell Social Book to remove everything before 2014 and effectively remove any proof that I attended college.

Keep in mind, this tool only deletes posts and photos from Facebook itself. If you have any savvy enemies who saved screenshots or you cross-posted, you’re out of luck.

The extension is free to use, and new updates support unliking posts and hiding timeline items. Go to town pretending you got hired on by the Ministry of Truth to delete objectionable history for the greater good of your social media presence.

PS: If you feel like going full scorched Earth, delete everything from your Facebook past and then switch to this browser to make it harder for Facebook to track you while you’re on the web.

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