Vermont anti-patent troll legislation[possible OT for ca or ubuntu]

[Ralph Janke]

Richard,

the law reported on is more a consumer protection law. States have
no jurisdiction inb regard of patents or copyright which is handled
on federal level (similarily in Canada, provinces have no jurisdiction).

They way it works is that if someone is sending frivolous cease and
desists letters or letters to pressure to buy a licence for something
that has no chance to succeed in court, it is considered a form 
of consumer fraud. Since the state  can  deal with consumer fraud, 
they can fine such a troll.

So, it has not a lot to do with IP or Open Source, or at least more
than that users of Open Source cann also be considered consumers.

Hope this help,
Ralph
On Fri, May 24, 2013 at 01:06:17AM -0400, Richard416282 wrote:
> On 23/05/2013 3:02 PM, Geekus Villagius wrote:
> >http://www.cbc.ca/news/business/story/2013/05/23/business-vermont-patent-troll.html
> >
> >
> Hi Ralph:
>     Was not sure about the article from the CBC regarding the
> implementation of an anti-SLAPP law, [In Vermont] and how it may
> relate to the Open-Source Community efforts to bring Open Source
> products to the world?
> 
> Since the only discussion, perhaps for marking as OT (Off-Topic), as
> it is some what related to IP (Intellectual Property), and Patent
> Infringement.
> 
> An Interesting piece(ONLY AFTER READING the article), but I need to
> ask , as my head is throbbing from all of the techno speak of the
> original Patent Assignment.
> 
> It appears that the patents in question have never been tested in court.
> 
> Whats that got to do with A) Canada or B) Ubuntu?:-)
> 
> Perhaps you may be pointing to the quick turn-around time for a
> Legislature to get its act together [ahem], and pass a law that
> prohibits an activity that harms one of its constituencies
> (Corporations who use Scanners to directly send e-mail documents in
> one press of the 'Go' Button),
> 
> then again, it may just highlight the need to have Open Source
> Scanner Software , so the original problem would be moot, as an Open
> Source Implementation of One Button Scan-to-Send would invalidate
> the claims of the Patent enforcement Beagles , and prevent the
> problems that Vermont Biz were faced with when Letters of Compliance
> were sent to VT Businesses.
> 
> If they were using Ubuntu Desktops ,and FLOSS software would the
> companies in Vermont be subject to the "Licence Demands" of the
> Patent Attorneys? I'm not a Patent Attorney, but If the software was
> covered by the Creative Commons Licences, then they would not be
> going after the companies that are using the software implementation
> of the Claimed Patent.
> 
> The Implementation of Closed Source drivers highlights the need to
> have Open-Source implementations as well (IMHO).
> 
> cheers,
> Richard
> 
> [PS. This E-mail is typed on an Open Source Implementation of an
> original product formerly known as Netscape Communicator, but now
> known as Thunderbird. The Thunderbird Implementation is a variation,
> but is not the same as Netscape's version of Communicator. Similar
> in principle to the marketing of 'Super' branded Gasoline s to the
> Canadian Public, with the implementation of Electronic Engine
> Controls, the use of 'Super' blends have been obsoleted ]

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