Trolls

I’ve been asserting for at least six years that patent system is completely broken for the software industry. I’ve given numerous examples, dealt with the issue first hand as patent trolls have tried to extort many of the companies I’m an investor in, and I’ve had many public discussions about the topic. On my run on Sunday, I listed to This American Life – When Patents Attack… Part Two! It is easily the best and most detailed expose I’ve ever heard on this issue. If you care to really understand how patent trolls work, spend an hour of your life and listen to it. ...

The phrase “it comes with the territory” is one my dad said to me when I was a kid. I can’t remember the context in which I heard it for the first time, but I internalized it to mean that whenever you are trying to do something interesting or amazing, there will always be people who try to tear you down, lob random insults at you, or just do and say things that make no sense to you. I’ve also observed many times (and experienced) the steep curve from obscurity to hero to goat to re-emergent hero that the media loves to play out over and over again. And my day is filled with random interactions – many of them interesting and stimulating – but plenty of them hostile, negative, and troll-like. ...

James Bessen, Jennifer Ford, and Michael Meurer of BU School of Law have written a phenomenal paper titled The Private and Social Costs of Patent Trolls. Rather than be politically correct and refer to NPE’s simply as “non-practicing entities”, they cut through all the noise, define what a patent troll is, and go through a detailed and rigorous analysis of the private and social costs of patent trolls. Some highlights from the paper follow: ...