I Thought He Came With You is Robert Ellison’s blog about software, marketing, politics, photography, time lapse and the occasional well deserved rant. Follow along with a monthly email, RSS or on Facebook. About 7,250,102,764 people have not visited yet so it might be your first time here. Suggested reading: Got It, or roll the dice.

Bringing a SHIELD to a conker fight

Bringing a SHIELD to a conker fight

I've supported the SHIELD Act before, which would force patent trolls to pay legal bills for unsuccessful shakedown attempts, but a TechCrunch article today made me think this through some more. 

SHIELD would be a serious deterrent for trolls who have their eye on large companies with the means to defend themselves. But trolls eat startups first and a startup is often unable to fight through the courts and get to the point where SHIELD would help. If the troll is after something like $1,000 from every company using a scanner then not many businesses are going to risk going to court. And if the troll isn't interested in any reasonable settlement then the legal fees and management distraction can kill you

SHIELD is well intentioned and would certainly help. But we need to stop examining patents before issuing them and do the job properly for the few that ever get used in anger. 

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