Stanford Professor Insists Consumers Are Helped By Patent Trolls
from the why-does-stanford-hire-these-people dept
Bloomberg has a weird story about Unwired Planet's patent trolling. As we've discussed, Unwired Planet is a company that's gone through many forms over the years, from Phone.com to Openwave and then Unwired Planet. It's true that the company was something of a pioneer in early WAP browsers, but WAP browsers were a joke that never caught on. The mobile internet didn't really catch on until the rise of smartphones and higher bandwidth wireless data connections -- which Unwired Planet had nothing to do with. So like many failed tech companies, it decided to go full on patent troll. A few years ago, we wrote about it buying more than 2,000 patents from Ericsson that it was then using to shake down companies that didn't fail in the same space that Unwired Planet did fail in.The Bloomberg article is mostly unremarkable, other than calling the company the "inventor" of the mobile internet. That's misleading. It was one hyped up company that helped push a failed vision of a mobile internet, that eventually went nowhere. And now it's patent trolling. But the other bizarre part of the article is that it quotes Stanford professor Stephen Haber as claiming that consumers benefit from patent trolls:
“The losers from a world without patent litigation would, in the end, be consumers,” said Haber. Inventors won’t innovate unless they can ensure they are paid for their invention, he argued.He may argue that, but he's wrong. Like, really wrong. Actual research shows that the leading reasons for innovating have absolutely nothing to do with patents. Rather, people and companies tend to innovate because (1) they need something themselves or (2) they see a need in the market. And the "ensure they are paid for their invention" makes no sense. If they have an invention people want, then they can sell that product and make money that way. You don't need patents for that. Yes, some others may enter the market as well, but that's called competition, and that's a good thing.
Amazingly, if you look at Stephen Haber's official bio, you'd think he'd know this. After all, it says:
Haber has spent his academic life investigating the political institutions and economic policies that delay innovation and improvements in living standards. Much of that work has focused on how regulatory and supervisory agencies are often used by incumbent firms to stifle competition, thereby curtailing economic opportunities and slowing technological progress.Regulatory agencies used by incumbent firms to stifle competition is basically the definition of the patent system. Yet, instead, Haber has been spending the last few years preaching the wonders of patent trolling, insisting that lots of litigation is just fine and that there's no evidence that it's harming consumers. That's ridiculous. Tons of studies have shown the massive costs of patent trolling on innovation.
Having a Stanford professor spout such nonsense reflects incredibly poorly on Stanford.
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Filed Under: innovation, mobile internet, patent trolling, patent trolls, patents, stephen haber
Companies: unwired planet
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As a consumer, I think that this is an acceptable loss and would be happy to suffer the consequences to allow for better innovation.
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Advocate that actual industrialists making goods should have protections, but not mere shell corporations that never make goods. It's not a subtle difference, easily tested first thing in a court.
There. Off top of my head, I've given an actual bullet point that you could take and advocate (for free! without even attribution!), but I predict that you'll continue your unbroken string of only kibitzing, never taking any position.
Heck, you even make it difficult to impossible to get the comment in here! 8th try... Why do I bother, then? -- To point up what an empty shell Techdirt is! No actual plans, not even wishes, just complaints! The more difficult commenting here is, more that needs emphasized!
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What about the back shed inventors? They do not make stuff, or are you claiming that only corporations can invent things?
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Corporate wet dream
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Have you ever been the defendant? This statement alone makes your argument terrible. Patent trolls expect to lose in court. They are banking on the cost to even get to court is going to make waging any sort of fight stupid from a cost-benefit standpoint.
The only way you could make your argument make sense would be if the test you are referring to (which, by the way, would be anything but easy in court) helpful would be if you could pass legislation that forced the court to award attorney's fees to the defendant if the troll was found to be "non-practicing". You very quickly run into barriers there because the attorney's have a lot of lobbying power and would not want this.
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I dunno. I'd certainly prefer if you didn't.
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Why do you keep insisting that Techdirt doesn't take a position on how to fix patents?
https://www.techdirt.com/articles/20110819/14021115603/so-how-do-we-fix-patent-system.shtml
h ttps://www.techdirt.com/articles/20120712/18322919680/judge-posner-mission-to-fix-patents-we-have-so me-suggestions.shtml
This has been pointed out to you in the past, and you keep insisting otherwise. Why?
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Because you're stupid as f*ck?
*clicks report*
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True. You need patents to keep your competitors from copying what you did and undercutting you on price (since they didn't have to do much in the way of R&D).
There are lots of abuses in the patent system, and lots of patents out there that never should have been granted. There are lots of ways in which the system doesn't serve its intended purpose, and it may well be that the best answer is to burn the whole system to the ground (metaphorically) and start over (or maybe not start over at all).
But in considering that, we shouldn't lose sight of the underlying intent. It was the belief of the framers that people would have an increased incentive to innovate if they believed they could profit from their inventions. Thus, they believed, someone who invented something truly innovative should be temporarily guaranteed the exclusive right to make that invention. Hence, patents. I have trouble seeing how, in principle, this is a bad thing.
When you say that "you don't need patents" to create and sell something, you're setting up a strawman. Nobody's saying that patents are essential to creating products, that they're essential for innovation, or that profit is the only incentive people have to innovate--all of these are demonstrably false. But to deny that profit provides any incentive to innovate just doesn't make sense.
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Bad assumptions lead to a bad result.
The original English patent system was created so craftsmen would not hoard knowledge and people would not be recreating things. However, it is clear that the cost of "recreating things" is far preferable to the current situation. Necessity is the mother of invention, not avarice. People will "invent" simply because shit needs to get done. They don't have any idea of "owning" it.
Unfortunately, anyone's work can be hijacked by all manner of trolls claiming to own the obvious. Even mere consumers can be eggregiously harrassed by this nonsense.
There are entire frameworks for sharing academic knowledge so the value of sharing knowledge through patents would be disputable even if patents weren't worthless as documentation.
It's so bad that undergrads and even school children can see an "invention" and immediately recreate it without any documentation of the inner workings of the "device".
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That wasn't really the intent. The purpose of the patent system is less to encourage innovation (although that's a part) and more to offer an incentive for inventors to reveal what it is that they invented so that others can build on what they did.
I agree that a patent system can be a very good thing. I also agree that the patent system we have is broken and doesn't do much toward accomplishing its goal.
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There we go again!
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Never a Dull read here
sorry to those who thought they were serious but funny is funny right
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And those who really can't, blog angrily while personally attacking those that disagree with them.
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Like I said in another article, speak professionally. Don't speak with insults, speak with what you believe in. Have it challenged and graciously accept the challenges. Don't respond to those challenges with insults or aggravation. Be true to yourself, and be patient.
Many ignore you or discredit you because you speak to discredit others without reasonable evidence, using only your opinions as cannon fodder.
Mike does not want to stoop to that level, so don't give others a reason to.
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Then by all means have a hayride. :D
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Anyway, you name it, I'm here. Any specific thing you want to discuss on the merits, I'm your guy. I doubt you ever will be. It makes me sad that you can't, but that's my burden.
Challenge accepted?
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Take a look at who funded some of his papers
http://jcle.oxfordjournals.org/content/11/3/549.full.pdf
Take a look at who contributed financially (double-daggered on the first page):
(emphasis added)
He has co-authored papers that defend Microsoft before:
"EU Antitrust Nonsense": http://www.techpolicy.com/Articles/E/EU-Antitrust-Nonsense.aspx
"Microsoft’s European Experience Troubling for Other U.S. Companies": http://www.techpolicy.com/Articles/M/Microsoft-s-European-Experience-Troubling-for-Othe.aspx
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Re: Take a look at who funded some of his papers
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Re: Re: Take a look at who funded some of his papers
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Re: Re: Re: Take a look at who funded some of his papers
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@Glenn D. Jones
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Fiction innovates more so than fact
Wrong on so many levels. Innovation.. true innovation is often born of necessity, not profit. An inventor thinks of how to improve the quality of life, not put a tax upon it.
Perhaps we'd better off if a better example were adopted straight from some fictional story.
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Someone must be studying it
Based on his arguments above, I would guess he is a leading proponent of using those tools for the advancement of the interests of incumbent corporations. Specifically, using them to "curtail opportunities", "slow economic progress" and "delay innovation" on the part of upstart corporations such as, for example, Uber.
It shouldn't be a surprise: someone must be studying how to use these things to suppress competition.
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Better for consumers
Prof. Haber is our wise parent!
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Human brain bad at reasoning...
The brain is bad at reasoning and reality, see the science:
https://www.youtube.com/watch?v=PYmi0DLzBdQ
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PREPARATION OF THESIS
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Once more, with feeling:
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He straddled Chris Dodd
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And gave him an average blow
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