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+ - Some older common law should be applied today. 3

Submitted by pevans
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.""
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Some older common law should be applied today.

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  • 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
    • by pevans (44803)

      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

      • 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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