Taplin saw history repeated with IBM. Under the 1956 (again) consent decree IBM was obliged to unbundle software from hardware in the 1960s. But competition authorities again opened up an investigation in 1969 which ran for 13 years. Caution made IBM ensure its first microcomputer, the IBM PC, launched in 1981, was an open platform. IBM chose three operating systems to run on the first PC but clearly favoured an outsider, from a tiny Seattle outfit originally called "Micro-Soft." Then Microsoft got the treatment. "Every 20 years we have this fight -- and we're about to have it again," Taplin told the audience. Antitrust was necessary "not because they're too big, but because there's no market solution" to Google and Facebook. The barriers to entry are now so high nobody is going bust open the ad duopoly. Taplin cited Snapchat an example of a company that tried to innovate, but refused to take Facebook's buyout offer. Facebook has simply copied its features.
Here's a quotes from the Times article. (Non-paywalled version here): In the five years since it began its work -- a result of the America Invents Act of 2011 -- the Patent Trial and Appeal Board has saved companies more than $2 billion in legal fees alone, according to Joshua Landau, patent counsel at the Computer and Communications Industry Association, offering an expeditious and relatively cheap avenue to challenge patents of doubtful validity. The benefits of stopping bad patents from snaking their way through the economy have been even greater. Companies no longer have to pay ransom so the threat of lawsuits over dubious royalty payments -- filed by aggressive litigants known as trolls -- will go away... But for all the benefits of culling faulty intellectual-property rights, the board is under existential threat. Next week, the Supreme Court will hear a challenge that the patent office's new procedure is unconstitutional...
The dispute stems from an article EFF published in June 2016, featuring GEMSA in its "Stupid Patent of the Month" series. The GEMSA patent is for a "virtual cabinet" to store data. In the article, EFF staff attorney Daniel Nazer called GEMSA a "classic patent troll" that uses its patent on graphic representations of data storage to sue "just about anyone who runs a website." The article also says GEMSA "appears to have no business other than patent litigation."
The judge granted EFF a default judgment, saying the Australian court's injunction was not only unenforceable in the United States but also "repugnant" to the U. S. Constitution.
"Amazon first applied for this patent back in June 2014," reports CNET, noting it was finally granted this month. "Like many other patents, there's no guarantee that Amazon will actually create a product based on the design. It could merely be an attempt to stop competitors from doing so."
But court cases have limited the scope of sovereign immunity (especially for commercial activity), and now Congress is investigating Allergan over the tactic that has Congress not only greatly concerned about competition in the drug industry (and exorbitant prices of pharmaceuticals), but also the questionable use of the sovereign immunity law. The four lawmakers who signed the letter to Allergan state: "The unconventional maneuver has received considerable criticism from the generic competitors challenging the drug's patents under the process Congress created (IPR) to enable timelier review of such challenges (read: a fraction of the cost of a court trial)." The letter also notes that the key ingredient in the patent was set to expire in 2014 and that Allergan had filed more patents to extend patent protection to 2024, a signal that Congress is watching for exploitation of patent law to enable "perpetual patents" widely used by the pharmaceuticals.
"We have received more than 230 submissions so far," Cloudflare reports, "and have only just begun to scratch the surface."
Facebook was facing strong criticism from the Apache Software Foundation and last week Wordpress.com had announced plans to move away from React.
"Wolff said Facebook considered a license change for its other open-source projects, but wasn't ready to commit to anything," the Register adds. "Some projects, he said, will keep the BSD + Patents license."