IBM Seeking 'Patent-Protection-Racket' Patent 169
theodp writes "Wikipedia defines a protection racket as an extortion scheme whereby a powerful non-governmental organization coerces businesses to pay protection money which allegedly serves to purchase the organization's 'protection' services against various external threats. Compare this to IBM's just-published patent application for 'Extracting Value from a Portfolio of Assets', which describes a process by which 'very large corporations' impress upon smaller businesses that paying for 'the protection of a large defensive patent portfolio' would be 'a prudent business decision' for them to make, 'just like purchasing a fire insurance policy.' Sounds like Fat Tony's been to Law School, eh? Time for IBM to put-their-money-where-their-patent-reform-mouth-is and deep-six this business method patent claim!"
I don't suppose anyone has considered (Score:5, Insightful)
Sweet (Score:5, Insightful)
Whether it ought to be allowed or not is a different question, but it still brings tears to my eyes.
Wow, It's Real (Score:3, Insightful)
At first, I thought this was a joke from The Onion [theonion.com], but holy guano, Batman! It's for real!
I'm not particularly upset, though. I.B.M. already is known to systematically exploit their huge patent portfolio, as would be expected by their shareholders, but I've not heard of them doing so, recently at least, in an offensive manner. I.B.M. has been trying hard, for business reasons, to be a "good citizen". If anyone has to have such a patent, best that it be them. If nothing else, it'll put a bit of a damper on the true patent trolls.
Of course, there's the prior art. (Score:4, Insightful)
Kudos to IBM (Score:5, Insightful)
It a rather elegant, subtle, and expensive way of inviting said patent trolls to "kiss my hairy ass". hehe
go go IBM
Re:Sweet (Score:3, Insightful)
you can patent something like that? (Score:5, Insightful)
Re:Attempting to translate the claims to English (Score:3, Insightful)
which works against the evil corporations. But, as already pointed out in a recent discussion, what if a patent troll, which is not utilizing any of its patents, comes up against you?
Re:Attempting to translate the claims to English (Score:3, Insightful)
A mutual defense treaty.
You sign up with NATO, and rubber-stamp what we want at the UN, and we will defend you if Costa Rica decides to invade. I'd look for some 'feedback' agreement wherein IBM gets some security from the group buying in as well. Anyone trying to sue a member, has to look at EVERY patent in the arsenal, to see if it remotely resembles what they are trying to sue for -- that alone would make suing the IBM patent alliance very daunting.
I think this is a good thing -- only in that it will make it almost impossible to conduct patent trolling -- at least if you are a company with enough funds to "buy in." It also illuminates that patents have been more of a protection and extortion racket for the big boys, and doesn't reward innovation. IBM seems to be fighting the good fight in general.
The down-side I see, is that this furthers the trend of protection for the Haves. Small companies and individuals are going to be even more the low-hanging-fruit. We have FREE trade in the US, if you are a large corporation -- but not for small companies and individuals. No freedom of movement for people, but freedom of business and trucks passing from Mexico to Canada. You have freedom of speech, if you can afford to buy it on the TV and media and it doesn't offend the owners of those outlets -- but forget trying to say anything you want in the park.
I only bring that up, because this is just another step where Corporations are acting like governments. I'm sure the fascade of who is running this joint is going to quickly rear its head.
Re:Shining example (Score:3, Insightful)
Re:This is the "patent troll" patent. (Score:3, Insightful)
We can only hope! (Score:2, Insightful)
Consider the potential outcomes, it just has to bring a smile to your face!
And hey, maybe the absurdity of the patent, coupled with its devastating use against a few notorious patent trolls, would wake someone in power up to the need for a return to the protections for IP the Founding Fathers intended. Instead of the obscene mega-business pandering mess we have now.
Re:I don't suppose anyone has considered (Score:3, Insightful)
Re:Shining example (Score:3, Insightful)
If granted, this patent lets IBM to extract money from such protection rackets. Its intended victims are, therefore, the very people you described. "A nice protection racket you have here, better get insurance for it, 'cause you wouldn't want anything to happen to it."
This whole thing is about as tragic and unjust as Tony Soprano getting mugged. I'll be sure to cry and feel bad for the poor widdle patent trolls as soon as I stop laughing. This is an absolutely brilliant move from IBM.