Patent Attorney Offers $5k For Identity Of Anonymous Patent Troll Tracker

from the getting-under-people's-skin-apparently... dept

Wed, Dec 5th 2007 4:40pm — Mike Masnick

A few months back, we discovered the blog of an anonymous IP lawyer called The Patent Troll Tracker. It had great info, and you've probably noticed that we're now linking to stories from that site on a fairly regular basis. Sometime before we became aware of the site however, the Troll Tracker got into a little scuffle with a bigshot patent attorney, Raymond Niro of the law firm Niro, Scavone. The Mises Institute has a recap of the situation, but basically the Troll Tracker had mentioned Niro in a way that Niro felt was unflattering, and Niro asked the Troll Tracker to identify himself -- not, apparently, for a defamation charge, but for patent infringement. How could a blog post (unflattering or not) be considered patent infringement? Apparently, the patent in question, owned by Acacia (who, you may recall is considered the worst patent system offender by the EFF), can be interpreted to mean that posting a JPG image to your site is infringement. It also happens that Niro is the patent attorney who has filed some of Acacia's patent infringement lawsuits, including against the Green Bay Packers for violating this same patent. Apparently, Niro also used the same claim of patent infringement against well-known patent critic Gregory Aharonian. It's an interesting twist on patent infringement cases to use an incredibly broad patent that covers "posting a JPEG to a website" to basically go after anyone you don't like. Somehow, I doubt that's what the founders of the patent system had in mind. Hell, I'd guess that it's not what anyone who had any part in writing patent laws had in mind.

Of course, Niro has run into something of a problem in trying to sue the anonymous Troll Tracker. It's that anonymity bit. So, apparently, he's now put out a $5,000 bounty to anyone who can identify the Troll Tracker. Law.com has more details on this as well as some other odd moves by Niro. Who knows if he will actually sue (though, the earlier stories suggest it's not out of the realm of possibility), but it's stunning that a bigshot patent attorney would be so afraid of an anonymous critic of patent system misuse that he not only would threaten him with patent infringement claims on such an incredibly broad patent, but also is willing to put up $5,000 just to find out the guy's identity. Yes, this is what our patent system has been reduced to. Thomas Jefferson is rolling in his grave.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: patent trolls, patents, raymond niro, troll tracker

30 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Bob, 5 Dec 2007 @ 5:06pm

This sickens me. On so many levels. Whoever gives away the identity of the anonymous person will be betraying "the intarwebtubes".
[ link to this | view in chronology ]
Eric the Grey, 5 Dec 2007 @ 5:13pm

Trouble is...
unless the Patent Troll has changed his image formats, he is not violating the above mentioned patent. Of the two images showing on his blog at this moment, one is a GIF, and the other is a PNG.

EtG
[ link to this | view in chronology ]
Anonymous Poster, 5 Dec 2007 @ 5:37pm

Dear Raymond Niro:

Stop being such a colossal failure at both being an attorney and being a human being.

If you continue to be a failure, we will all laugh at you and make fun of you.

Sincerely,
Another anonymous poster on the Internets
[ link to this | view in chronology ]
Anonymous Coward, 5 Dec 2007 @ 5:37pm

What you've just said is one of the most insanely idiotic things I have ever read. At no point in your rambling, incoherent article were you even close to anything that could be considered a rational thought. Everyone in this thread is now dumber for having read it. I award you no credit, and may God have mercy on your soul.
[ link to this | view in chronology ]
- What?, 5 Dec 2007 @ 6:26pm
  
  Re:
  You can read?
  [ link to this | view in chronology ]
- Puzzled Anonymous Coward, 5 Dec 2007 @ 6:52pm
  
  Please tell us how the article is rambling and incoherent or don't criticize.
  
  Your opinions without any sort of evidence is worth squat.
  [ link to this | view in chronology ]
- you, 5 Dec 2007 @ 9:49pm
  
  Re:
  Niro, stop bashing Mike.
  [ link to this | view in chronology ]
- Sheesh, 6 Dec 2007 @ 2:03pm
  
  Re:
  This is a quote from the Adam Sandler movie Billy Madison and probably should not be taken seriously. Sheesh.
  [ link to this | view in chronology ]
GeneralEmergency (profile), 5 Dec 2007 @ 6:02pm

Crapflood this clown.
Let me be the first.

I am the Patent Troll Tracker.

Next?
[ link to this | view in chronology ]
- Patent Troll Tracker, 5 Dec 2007 @ 6:22pm
  
  Re: Crapflood this clown.
  No. I am the Patent Troll Tracker.
  [ link to this | view in chronology ]
  - Spartacus, 5 Dec 2007 @ 9:42pm
    
    Re: Re: Crapflood this clown.
    No, I am the Patent Troll Tracker.
    [ link to this | view in chronology ]
- yet another troll tracker, 6 Dec 2007 @ 1:39pm
  
  Re: Crapflood this clown.
  No, I am Spartacus!
  
  I mean, Troll Tracker!
  [ link to this | view in chronology ]
French Guard, 5 Dec 2007 @ 6:47pm

Niro,

I fart in your general direction! Your mother was a hamster and your father smelt of elderberries!
[ link to this | view in chronology ]
No Puzzled, 5 Dec 2007 @ 7:18pm

Got watch Billy Madison and all will be revealed...
[ link to this | view in chronology ]
Travis, 5 Dec 2007 @ 7:23pm

Wrong Target?
The only problem is ... the US Patent Office also uses .JPG's as a part of their layout. Perhaps if they sued the patent office itself, someone would reform this silly process of patent squandering?
[ link to this | view in chronology ]
Mickey Finn, 5 Dec 2007 @ 7:33pm

LIARS!!!!!
I am the REAL patent troll tracker, all others are imposters!

M. Finn
[ link to this | view in chronology ]
Anonymous Coward, 5 Dec 2007 @ 7:40pm

Correction:

I am the Patent Troll Tracker.
[ link to this | view in chronology ]
The Patent Troll Tracker, 5 Dec 2007 @ 8:02pm

Hey guys, what's going on in here?
[ link to this | view in chronology ]
The REAL Patent Troll Tracker, 5 Dec 2007 @ 8:36pm

Pay no attention to the man behind the internet anonymity!! I am the great and powerful Patent Troll Tracker, mighty Niros quake at my every move!!!

Behold my works, ye mighty, and despair...but do not copy, reproduce or in any way utilize my likeness, words, thoughts, posts, concepts, ideas, or the letters comprising any representation of any of the above or the file formats used or the internet. Or anything.
[ link to this | view in chronology ]
Anonymous Coward, 5 Dec 2007 @ 9:45pm

um...
Wouldn't putting a jpeg (or any other format, for that matter) on your site fall under, I dunno, COMMEN KNOWLEDGE!
[ link to this | view in chronology ]
Anonymous Coward, 5 Dec 2007 @ 9:56pm

As I understand patent law, if you do not enforce a patent, its very existance can be challanged and the USPTO can make it expire...
[ link to this | view in chronology ]
- Mike (profile), 5 Dec 2007 @ 10:28pm
  
  Re:
  As I understand patent law, if you do not enforce a patent, its very existance can be challanged and the USPTO can make it expire...
  
  You understand patent law incorrectly. That's true of trademark (in certain situations), not patents.
  [ link to this | view in chronology ]
Shohat, 6 Dec 2007 @ 1:11am

Web 2.0 generates Electricity 2.0 !
Quik, someone wrap some copper wire around Thomas Jefferson !

On a side note, I am Patent Troll Tracker,

I can has phive thousand dollarz ?
[ link to this | view in chronology ]
Ralph, 6 Dec 2007 @ 1:17am

Rewarding customer betrayal
What if the MPAAs, RIAAs and perhaps oppressive governmental institutions of this world were to start offering internet providers and universities a cut of the settlements and 'damage' sums from users, in return for the personal information needed to threaten and sue? Providers could first check, which data are likely to generate them a high enough extra profit (does it outweigh the risk of being countersued?) and then only pass on the high-level cases. And once they've become good at it - what is to stop them from reporting breaches of Imaginary Property Rights proactively? This should easily compensate for the costs of their data retention.
[ link to this | view in chronology ]
Chronno S. Trigger, 6 Dec 2007 @ 4:22am

No I'm Spartacus
Would the real Patent Troll Tracker
please stand up,
please stand up,
please stand up...
[ link to this | view in chronology ]
angry dude, 6 Dec 2007 @ 6:48am

Retards !!!!!!!!!!!!!!!!!
Hey, techdirt imbeciles

You are even worse than slashbotters
Complete idiocy here
Fun to read though
Thanks Mike
[ link to this | view in chronology ]
- Brian, 6 Dec 2007 @ 11:38am
  
  Re: Retards !!!!!!!!!!!!!!!!!
  Funny...you do nothing but provide complete idiocy on this blog on a regular basis. Angry Dude = imbecile. Go somewhere else if you don't like it here...geez.
  [ link to this | view in chronology ]
Killer_Tofu (profile), 6 Dec 2007 @ 7:10am

Re #23, Chronno
*stands up*
[ link to this | view in chronology ]
windycityip.com, 8 Dec 2007 @ 10:43am

A lot of hostility over 5k bounty
Wow! I didn't realize the fire that this case has caused. I recently read about it on Patently-O. On a side note, and much more important topic, Billy Madison is the bomb.
[ link to this | view in chronology ]
anon, 3 Feb 2008 @ 9:38am

Patent trolling
Patent this: ()*()
[ link to this | view in chronology ]