Category: Laws

Congress Passes Improved Patent Law

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It’s better, but Bush is implying a veto over the reduced damages.

It’s a little bit better, but the problem with IP abuse continues, and will continue until congress treats Patent and copyright as the public interest law*, we won’t have a good law.

It’s still got to pass the Senate, though.

*The section of the constitution that allows congress to create patent and copyright for a “limited time” has as its justification, “to promote the useful arts and sciences”, and until the law gets back to this, as opposed being an attempt for entrenched players to use the power of the state to coerce excessive profits out of people, we won’t see a good law.

How To Get Out of a Deceptive Mortgage

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(Via the Big Picture)It appears that failure to disclose loan terms according to the Truth-in-Lending laws can change the loan status.

It turns out that there is a provision in the Truth-in-Lending Act that allows debtors to rescind their loan and void their mortgages if the terms of the loan are not clearly spelled out.
You still owe the money, but they are now just another creditor, at the back of the line, and protections from homestead provisions and bankruptcy would still apply.

One wonders how *chough* Alan Greenspan ignoring the Fed’s role in mortgage lending *cough* the lenders could have screwed up so badly on something that was both cheap and easy.

Wanker of the Day: Patent Troll Edition.

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Daniel Leckrone, the Chairman of TPL Group.

The TPL Group describes itself as:

TPL has been “purpose built” to deliver an array of services that are fundamental to streamlining the development and commercialization of proprietary products and technologies. By consistently delivering innovation and opportunity, TPL has earned a reputation of being a trusted partner that can enable constructive licensing programs as well as new product development programs that leverage the IP assets within its patent portfolios.

These folks are patent trolls, and Mr. Leckrone is their chief.

Misnamed Patent Reform Act would stifle innovation

By Daniel E. Leckrone
San Jose Mercury News
Article Launched:06/27/2007 01:31:51 AM PDT

While U.S. patent law has been effective in protecting the intellectual property of inventors, which has fueled productivity growth and the U.S. economy for more than two centuries, the so-called “Patent Reform Act” introduced in Congress this year proposes major changes to the law governing how patents are obtained and enforced. Ironically, these changes are being promoted by the most powerful and prosperous high-tech corporations – the “Patent Goliaths” – which came to power based on the patent system as it now stands.

In mounting their full-scale invasion of the territory protected by patent laws, the Goliaths continue to amass political support which, if not effectively challenged, will lead to an unwarranted degradation of the legendary patent system established by the U.S. Constitution. Even the lethargic Department of Commerce has vigorously opposed most of the sweeping changes proposed by this act, as the Department of Commerce explained in its recent 11-page letter to House Judiciary Subcommittee Chairman Howard Berman, a lead sponsor of this misguided legislative effort.

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The author is a patent troll, and he has an interest in keeping his “automatic injunction” shakedown legal.

The rise of patent trolls, in mobile phones, internet connectivity, etc. the Euros and Japanese are increasingly eating out lunch. You can’t make a move in the US these days without getting approval from lawyers.

It not only prevents innovation generally, it makes it prohibitively expensive for the small inventor to actually bring a product to market, because of fears that it might violate a undeveloped, and frequently completely obvious, patent held by the parasites.

There is no need for an injunction with patent trolls. They have no intention of developing a market, they are just getting money for someone else’s work.

This means that they can be made whole at any time by damages with interest.

There is no irreparable damage, so no need for an injunction.

Of course, this means that any company can tell the patent troll to take it to court rather than paying their blackmail, and this is what he fears.

Good Court Decision on Eminent Domain

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I was appalled by the actions taken in Kelo v. City of New London, but not the court decision.

The idea of taking someone’s home, and giving it to a real estate developer is a POLITICAL calculus, and not a judicial one.

If you look at the case, the right wingers on the court sided against the “taking”, and they did so with an ulterior motive.

They were looking to make it a wedge for the “Fair Use” crazies, who want to be reimbursed for not putting a toxic waste dump on their land.

This decision is far more narrow, and simply says that fallow land is not blighted land under the NJ constitution.

Ruling limits use of eminent domain

Thursday, June 14, 2007

By SCOTT FALLON
STAFF WRITER

New Jersey towns will have a harder time seizing private property for redevelopment after the state Supreme Court ruled Wednesday that targeted property must be blighted and not merely underused.

The ruling will have far-reaching effects, state officials said, and could aid property owners fighting eminent domain in Lodi, North Arlington and Passaic.

The 42-page unanimous decision said that town officials cannot seize homes and businesses simply because they believe those properties can be put to better use.

“The court is giving notice that municipalities no longer have unfettered access to private property,” said Harvey Pearlman, a lawyer who represents a Passaic homeowner whose house was condemned by the city without his knowledge.

The court wrestled with what constitutes blight in deciding a case from Gloucester County, where the town of Paulsboro sought to condemn a 63-acre tract made up mostly of wetlands.

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