Topic: Patent lawsuits over remote software activation (Read 1784 times)

Nemesis · « **on:** December 17, 2009, 04:10:30 pm »

Quote

An east-Texas company, BetaNet LLC, has filed a patent-infringement suit against Apple, Microsoft, Adobe, Oracle, IBM, SAP, and a dozen other companies.

The patent in question, "Secure system for activating personal computer software at remote locations," describes in sweeping terms a remote software installation and registration process that - at first blush - appears to be similar if not identical to the standard activation system used by a vast array of software.

knightstorm · « **Reply #1 on:** December 17, 2009, 04:59:25 pm »

While I do see the irony of companies infringing software patents in an effort to prevent software piracy, the fact that the company in question took so long to act would probably invalidate its patent claims.

Nemesis · « **Reply #2 on:** December 17, 2009, 06:20:08 pm »

I don't think so. I've seen others do similar things and still they were not tossed out for waiting to sue.

knightstorm · « **Reply #3 on:** December 17, 2009, 06:39:58 pm »

The programs they're naming are hardly obscure. Outside of saying that they had their heads up their #$$es, I don't know how they can claim that they didn't notice the infringement earlier.

Nemesis · « **Reply #4 on:** December 17, 2009, 06:53:29 pm »

Quote from: knightstorm on December 17, 2009, 06:39:58 pm

The programs they're naming are hardly obscure. Outside of saying that they had their heads up their #$$es, I don't know how they can claim that they didn't notice the infringement earlier.

One of the flaws in patent law is that there is no requirement to minimize damages. You can let them mount up and file on the last day the patent is valid. Doing it this way they maximize damages and their return on the lawsuit.

I do wonder if they bought the patent just to troll with.

I'd love to see changes to the law:

1/ Invalidate software patents. Software is already covered by copyright and shouldn't be able to "double dip"

2/ Go back to being specific with at least a demonstration of an operating example.

3/ Requirements to minimize damages by warning infringers as soon as you become aware of the infringement.

4/ If you buy a patent you can only sue for damages that acrue during your period of ownership.

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