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While We’re Lost in The ‘Patent Troll’ Freakout, ‘Reformers’ Will Eviscerate Private Property Rights

Seton Motley | Less Government | LessGovernment.org

Applies to Intellectual Property, Too

The small and dwindling contingent in favor of the terrible, patent-smashing bills being considered in Congress suffer from an obsessive fetish – “patent trolls.” It’s at once a mantra – and a Pavlovian fervor-inducer. Just say “patent troll” in front of any member of this tiny cohort – and watch them freak out.

The American Spectator has been a gracious, serial host to one such troll-ster – Mytheos Holt. As of this writing, SEVEN of his last eight Am Spec pieces – of nine total – are thus myopically focused. In them the word “troll” appears…twenty-six times. Three pieces ago, he cited me by name: “(P)atent troll defenders like Seton Motley….”

Holt and his ilk frequently and feverishly screech “patent troll.” But to paraphrase Inigo Montoya: “You keep using that phrase – I do not think it means what you think it means.”

What exactly is a “patent troll?” He or she is someone who owns a patent – which is private property. And is trying to protect their private property from unauthorized use by someone who doesn’t want to pay to use it.

Is someone who owns a house and calls the police to roust squatters a “property troll?” Is someone who reports their car stolen an “automobile troll?”

Why would anyone be opposed to any of this? More

HRC and the Left Loathe Businesses – Why Are Republicans Helping Undermine Them?

Seton Motley | Less Government | LessGovernment.org

Undermining the IP Protectors

The Left loathes business and businesses. But business and businesses are mere symptoms of the disease they REALLY loathe – capitalism. For which they bizarrely think the “cure” – is uber-failed Socialism/Communism.

The Left is absolutely monolithic. No dissent is allowed – everyone must conform. And its political manifestation is the Democrat Party. Thus, all Democrats must conform – they must all loathe business.

The Democrat Party is currently conducting a presidential primary. The alleged moderate alternative to avowed Socialist Bernie Sanders is Hillary Clinton (despite the fact that she voted 0.1% less Left than he when they served together in the Senate). In last week’s debate, the candidates were asked “Which enemy are you most proud of?” Secretary Moderate’s response?

“Well, in addition to the NRA, the health insurance companies, the drug companies,…umm, the Iranians,…um, probably the Republicans.”

(Overlooking the other ridiculous answers,) the drug and insurance companies – are your ENEMIES, Secretary Moderate? Two sets of job-and-product-creating entities? That are now (too late) fighting desperately to save We the People from ObamaCare – your government “cure” to private sector health care? Oh wait – asked and answered. More

Mark Cuban: When He Isn’t Denouncing ‘Patent Trolls’ – He Is One

Seton Motley | Less Government | LessGovernment.org

Careful – Your ‘Troll’ is Showing

Beauty is in the eye of the beholder. So too a patent “troll.”

Behold Mark Cuban – a wildly successful entrepreneur. He in 1995 co-founded Broadcast.com – and in 1999 Yahoo! way overpaid $5.7 billion for it. Ever since, Cuban has in Donald Trump-like fashion built himself into a brand – The Entrepreneur. Like Trump, he loves embodying the pursuit of professional victories. Like Trump, he turned his doing-business-vision into a high-ratings network television show (well, Trump turned his into two). The similarities exist even in sports. Cuban owns the NBA’s Dallas Mavericks – Trump rolled the dice entrepreneur-style on the New Jersey Generals in the NFL-challenging USFL (hey, you can’t win them all).

Don’t let anyone tell you we Americans don’t like winners. Though the Left has spent decades trying to train us to loathe them – we still favor way more than disfavor. Like Trump, Cuban is popular – for being him. An over-the-top success – who revels in his success in over-the-top fashion. And we like to watch it. We (thankfully still) find success to be – beautiful.

Well, Mark Cuban has a problem with patents. Specifically “dumbass,” “stupid” patents. He has said: “Dumbass patents are crushing small businesses. I have had multiple small companies I am an investor in have to fight or pay trolls for patents that were patently ridiculous.” He has co-endowed a Chair at the Electronic Freedom Foundation: “The Mark Cuban Chair to Eliminate Stupid Patents.”

On the idea of “dumbass,” “stupid” patents – we completely agree: “The United States Patent and Trademark Office (USPTO) is charged with approving patent applications. They are often…imprecise. And approve overly broad, abusable patents. Which are often sought by and granted to the aforementioned bad actors – who then use them to engage in all of the bad litigious practices we have discussed.” More

Typical DC: Patent Lawsuit ‘Reform’ Will Lead to Many, MANY More Lawsuits

Seton Motley | Less Government | LessGovernment.org

It’s Always Opposite Day in DC

Under consideration in Washington, D.C. is legislation that will fundamentally transform our patent system. It will render this Constitutionally protected intellectual property product – dramatically less protected. The bills to which I refer are the Innovation Act (House) and the Patent Act (Senate). There are many, many reasons to oppose them.

The reason given for why this legislation is allegedly necessary is to undo the “patent troll.” Their definition: Patent “trolls” are abusing ridiculously broad patents to shotgun lawsuit letters all over the place. Demanding money for the use of their ridiculous patents – or they’ll sue. Our definition: Their definition misses several important things. Let’s look at but a few.

If a patent is ridiculously broad – but approved by the United States Patent and Trademark Office (USPTO) – it’s a legal patent. On which lawsuits can be based. Undermining patent protection in response to this is like responding to a guy robbing stores by forcing store owners to remove the locks from their doors. The problem is government. Fix how the government approves patents – and craft a better way to review the ridiculous patents in circulation.

Because patent “trolls” are suing, this terrible legislation is being pitched as “lawsuit reform.” (At least) two problems here. One: Many, many legitimate patent holders – in possession of legitimate, rightly-approved patents – have to sue to protect their property from thieves. Legislation delineating between these two groups – the legit patent holders and the “trolls” – is micro-surgery. Government doesn’t do micro-surgery – it slams with hammers. In trying to address the “troll” subset, DC is poised to bludgeon the entire patent system. More

Beware D.C. ‘Comprehensive’ ‘Reform’

Seton Motley | Less Government | LessGovernment.org

True – Then and Now

The entirety of the United States is now a federal disaster area – rendered thus by Washington, D.C. Unlike areas hit by hurricanes, tornadoes and other acts of God – our cataclysm is entirely man-made. Decades of anti-Reality policies have left our nation an uber-addled mess.

The components of why are myriad. Too much spending, too much debt, too much and too many taxes, too many (unilateral) regulations, and on, and on, and….

Let us look more deeply at another – terrible legislation. When D.C. mentions a new bill – and starts throwing around words like “omnibus,” “comprehensive” and “reform” – batten down the hatches.

An “omnibus” is a grossly over-large spending bill which serves as a catch-all for ridiculous waste, fraud and abuse – past, present and future. Its enormity allows for tens of thousands of stupid expenditures to be tucked into its fatty, flabby folds. The 2015 “CROmnibus” was a D.C. Dumb twofer – a hastily passed, 1,695-page Continuing Resolution (CR)-Omnibus combo that continued our absurd spending trajectory – without any of the appropriations-process analysis, discussion and debate. More

Dirty Harry Knows: The EPA’s Got to Know Its Limitations

Seton Motley | Less Government | LessGovernment.org

Want Them Having Control
Over Your Puddles?

Clint Eastwood’s iconic Dirty Harry Callahan uttered one of the greatest movie lines of all time: “A man’s got to know his limitations.” It would appear no one in Washington, D.C. has ever heard of Harry or his weighty wisdom.

No one in our nation’s capitol seems to think they are limited in any way. Not by any personal shortcomings – it’s like everyone who enters the city limits thinks they magically transmogrify from Clark Kent into Superman. And they certainly find no limits placed upon them by anything as quaint and antiquated as the Constitution.

The Environmental Protection Agency (EPA) is a classic example of very limited men and women behaving boundlessly. To begin, it can be easily argued that the Agency shouldn’t even exist. The federal government’s powers must by the Constitution be expressly enumerated – and nowhere therein does it get anywhere near enumerating what is being done by the EPA.

I have the “1800 Rule” (the year, not the tequila). If a government agency or program was created after 1800 – it most likely shouldn’t exist. Because in 1800 the guys who created the government – were running the government. They knew what they intended it to do – and by 1800 were having it do it. The EPA was founded on December 2, 1970 – just a little past the sell-by date. More

Why Conservatives Object to Leftist Patent ‘Reform’

Seton Motley | Less Government | LessGovernment.org

Doesn’t Work on
Leftist Legislation

The following is in response to Mytheos Holt’s TownhallThe Three Dumbest ‘Conservative’ Objections to Patent Reform.”


The Left, along with huge Leftist companies, are pushing to fundamentally transform – radically undermine – the Constitutionally-protected intellectual property known as patents. As the Left is wont to do, they are looking to thoroughly alter the Constitution – without amending it.

Passing legislation that guts a Constitutional tenet isn’t Constitutional – it’s tyrannical. If you want to change the Constitution – you must traverse the amendment process. But it is much easier to pass a law than it is to ratify an amendment – so the Left circumvents. They pass unConstitutional laws – and hope to get a radical judge or two to back their play in court.

We saw this a lot in the first quarter of the Barack Obama Administration – when his Democrats controlled both houses of Congress. They passed a lot of unConstitutional law – preeminently exemplified by ObamaCare. Which is – through any reasonable legal prism – grossly unConstitutional. But Supreme Court Chief Justice John Roberts and four of his colleagues bizarrely found yet another emanation from yet another penumbra – and propped it up. More

The Donald Trump Rule: ‘Flip-Flopping’ to the Right Position Can Be a Very Good Thing

Seton Motley | Less Government | LessGovernment.org

When the Policy Shoe Is
Slipped On the Other Foot…

We hear the charge leveled all the time: “Flip-flopper.” When someone fundamentally changes their position on an issue.

We are naturally left to wonder if the move is genuine. Are they are saying what they think – or what they think we want to hear?

Republican presidential candidate Donald Trump has rocketed to to the top of the sixteen-candidate heap – in large part because of his anti-illegal immigration stance. Which is from all appearances a relatively new position for him. Here’s November 2012 Trump:

“(Mitt Romney) had a crazy policy of self deportation which was maniacal, Trump says. “It sounded as bad as it was, and he lost all of the Latino vote, Trump notes. “He lost the Asian vote. He lost everybody who is inspired to come into this country.

Trump’s current illegal immigration stance is…slightly more staunch. And it appears to be working for him.

(Of course, Trump is by no means the only 2016 candidate to radically reconfigure his immigration position – Hello, Senator Marco “Gang of Eight” Rubio.) More

Bad Bills Are Like Bad Relationships: We Don’t Need a Break – We Need a Break-Up

Seton Motley | Less Government | LessGovernment.org

Sometimes It’s
Better to Just Move On

Just about all of us have been there. Dating someone – and it isn’t working. You don’t get along. The person doesn’t give you what you want. You aren’t happy.

You each try to change the person, hoping a tweak here or there will suddenly, magically make it work. It doesn’t.

You’re friends don’t like the person. Heck – THEIR friends don’t think you two are right for each other. They all flood you with advice. For most of which you didn’t ask – but the sheer numbers and volume force you to listen.

But their good counsel – and intentions – only make you more steadfastly stand by him/her. All mounting evidence to the contrary notwithstanding.

Things between the two of you continue to be terrible – and deteriorate. So you decide to take a break – get away from each other. And you plan to check back later to see if either or both of you have miraculously become different people – that now work together.

You reconvene – and (shocker) nothing’s changed. Things are still just as miserable.

Finally, you realize your friends – and his/her friends – are right. That they are all only trying to help. That it’s a bad deal – and you now know that the sooner you break away, the better everything will be.

So you end it. Hey – it happens. A lot. More

Really Terrible Ideas Do In Fact Generate Bipartisanship. See: Obama, President Barack

Seton Motley | Less Government | LessGovernment.org

Chimeras, Unicorns – Bipartisanship. And Then Came Obama

Ahhh…bipartisanship. The unicorn of Washington, D.C. So many Ponce de Leons seek this Fountain of Youth. Like de Leon, most finally give up – and just retire in Florida.

Congressional gerrymandering has rendered so many districts so very partisan. And then we wonder why a 72% Republican-district-representative and a 78% Democrat-district-representative can’t find common ground.

About the only time there is bipartisanship is when an idea is so terrible, it criss-crosses the aisle. Enter the Barack Obama Administration.

We have said since the Administration’s inception that if you’re looking for bipartisanship – look on the other side of whatever position the President is pushing. This President is the king of strident partisan-only support.

There was bipartisan opposition to ObamaCare. And there has been bipartisan opposition to this President just about all the way through – up to and including members of both Parties being highly skeptical of the just announced Iran capitulation deal. More