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I don't know much about both, but xplane is developed by private developer, he even made video how he fought against patent trolls: https://youtu.be/sG9UMMq2dz4

Just watched this video [1] by someone who got sued because his "android app uses a license server".

Those patent troll shell companies sue one victim after another and forward the incoming money to other companies. So there's no use in going after them directly. The victim can negotiate better terms if he signs a non-disclosure agreement. The patent trolls are protected by politicians, judges and lawyers.

[1] https://youtu.be/sG9UMMq2dz4

URL: https://m.youtube.com/watch?v=sG9UMMq2dz4 (Austin Myers)

URL: https://m.youtube.com/watch?v=3bxcc3SM_KA (John Olivier)

Above two YouTube videos I’ve been passing around in regard to sometimes peculiar nature of patents law in US and in particular that of eastern district of TX.

All patents should be worthless, the fact that trolls can come after anyone for uploading an app to google play store for fees and win because of some obscure patent is ridiculous. https://www.youtube.com/watch?v=sG9UMMq2dz4

additionally:

The Patent scam intro by Austin Meyer https://www.youtube.com/watch?v=sG9UMMq2dz4

haha! Take a look at: https://www.youtube.com/watch?v=sG9UMMq2dz4

For anyone looking for an ~20 minute intro to why this is a big deal and the impact it has on small tech companies: https://www.youtube.com/watch?v=sG9UMMq2dz4

tl;dw: There are some over-broad patents on usage of very common technologies (using wifi or selling on the google play store are two egregious examples) that are being used as a bludgeon against small and medium sized firms that can't afford to defend themselves. It costs about $3 million to defend against such a suit, and the Eastern district is known for refusing to force plaintiffs to pay defendant's attorney's fees even if the suit is ultimately dropped.

⬐ monochromatic

Unfortunately, there's a lot of misinformation and half-truth in that video.

⬐ Banthum

I'd be very interested in specifics on this.

⬐ staticautomatic

I work in the field, and on both sides of patent litigation. As far as I can see, there is no misinformation or half-truths in that video. What he's talking about is entirely real and relatively common, but it is not categorically true of all trolls.

⬐ lightedman

Sue the Eastern District for unequal application of the law. It's easily provable with the current track record.

⬐ clamprecht

Can you even sue a court? Seems too good to be true.

⬐ staticautomatic

Yes, there are ways to sue the courts themselves, but not for something like this. The suit would generally be in the form of what's called a Writ of Mandate. It's basically a lawsuit for when you have no other legal recourse for something. For example, if you went to a courthouse and asked for a copy of a statutorily public document but they refused to give it to you, you could file a such a writ. It would force the court to at least give you a hearing before a judge, who you'd ask to compel the court personnel to give you what you asked for.

⬐ vivekd

no - the best you can do is get it appealed to a higher court.

⬐ kevindkeogh

Not in this case. You would need to have standing and a relevant claim to sue any person or firm. I would think it would pretty difficult to show sort of generalized claim about the injustices of the patent system. That is a political question, not a legal question.

⬐ nerdponx

Could a tech company, as a potential futute patent holder, sue?

⬐ justinclift

Class action by victims of patent trolls?

⬐ pg_is_a_butt

buy guns

⬐ SparkyMcUnicorn

Sounds great, but it seems like something Newegg or Costco's lawyers would have started on already if it were feasible.

⬐ jhall1468

Costco's golf ball case was filed in the state where it's headquartered: Washington.

⬐ dangerlibrary

Only because Costco pre-emptively sued the patent holding company in order to choose the venue.

⬐ jhall1468

True, but the point was, Costco doesn't have cause to do anything in East Texas.

⬐ blazespin

I dunno, I think it will just introduce more variability and stretch out the cases. East Rural texas was actually pretty good at litigating patents because they knew a lot about it since they did so many.

Better would be to reform the patent law, maybe create short term 5 year patents or something.

⬐ mattnewton

They did so many because of their notorious pro-patent holder stance made them the favorite place to file.

⬐ logicallee

just wanted to thank you for providing this summary.

This video from Austin Meyer (creator of X-Plane) is pretty eye-opening:

https://youtu.be/sG9UMMq2dz4

Apparently there are TWO judges in the district, BOTH of whose own sons are lawyers in the same district. And BOTH sons handle a lot of the patent litigation, in front of their own fathers, the judges. Pretty incredible. Watch the video starting at about 5 minutes to see it.

⬐ ptaipale

Is that legal in the United States? I am astonished.

⬐ AnimalMuppet

It ought to be automatic grounds for an appeal. On the other hand, then you have to afford not only the trial, but also the appeal, before you can get the baseless lawsuit to go away...

⬐ ptaipale

Over here it would mean a criminal investigation against the judge and dismissal.

⬐ AnimalMuppet

That would be better, yes.

Out of curiosity, where's "over here"?

⬐ ptaipale

Finland, northern Europe. I'm fairly sure it would be the same in Sweden or Germany.

The principle that a judge may not rule on a case where his close relative is an attorney seems to fairly universal. I don't understand how that could be accepted in Texas.

https://en.wikipedia.org/wiki/Judicial_disqualification

⬐ corysama

More info from the same person http://www.thepatentscam.com

⬐ devoply

sounds like a plot of a movie. brother vs brother in front of their father.

⬐ optimuspaul

With their long lost half sister is on the jury and their mother is the Bailiff. I'd watch that if there was nothing else on.

⬐ haikuginger

Hell, I'd watch that even if there was other stuff on.

⬐ hexane360

Well the brothers are always the ones prosecuting.

⬐ lostboys67

How does having such a close relative appear before a Judge even pass the most basic legal ethics test.

Judges and Lawyers need to be like Casers wife above suspicion

So there is a judge out there, and his son is a practicing lawyer who reps. PT and PT victims. Basically legal racketeering. It would be interesting to see emails dumped from these guys, and how much corruption is taking place.

https://www.youtube.com/watch?v=sG9UMMq2dz4 its like 5 min in.

Here is a good summary of the issue: https://www.youtube.com/watch?v=sG9UMMq2dz4

This is great. Would like to see more of these kinds of efforts.

Just watched The Patent Scam video by Austin Meyer (developer of X-Plane flight sim who was sued by patent trolls).

https://www.youtube.com/watch?v=sG9UMMq2dz4

That kind of stuff makes my blood boil.

⬐ JTon

I remember watching this video here, a while back. Has Google stepped up in defense of Austin yet?

⬐ ideaphore

Thanks. It makes our blood boil too.

⬐ Keverw

Sounds like a conflict of interest. Why is a son allowed to be a lawyer where their dad is also a judge in the same jurisdiction? There should be another judge stepping in when so closely related to be fair.

Just like how the president can't be from any other country in case they had to attack their own country.

⬐ teh_klev

From a couple of months ago by Austin Meyer (the chap in the video above):

https://news.ycombinator.com/item?id=11862476

⬐ probably_wrong

I'm on mobile, so I can't watch the video. However, if it is the one that I think it is, didn't that judge retire already?

Not that it makes the situation any better, but at least would require a "sons of former judge" in the title

Edit: Yup, John Ward retired in 2011[1] and Leonard Davis retired in May 2015... to join an IP law firm[2].

[1] http://www.wsfirm.com/attorneys/t-john-ward/ [2] http://arstechnica.com/tech-policy/2015/04/east-texas-judge-...

⬐ hmng

Hope this goes viral in some way. I think it can make non technical people aware of the problem.