misham

This is in reply to: http://www.feld.com/wp/archives/2011/11/another-day-another-patent-troll.html and http://www.jasonmendelson.com/wp/archives/2011/11/come-on-yahoo-try-competing-not-dirty-pool.php

My hands are shaking as I'm typing this (I'm angry, sorry), so please excuse any typos.

I'm picking on him cause he's the latest one, but I'm lumping every other top tech person out there who have commented on this.

Maybe I'm shooting myself in the foot and putting the same foot in my own mouth. I'm willing to look like a fool. I've looked like a total tool way too many times, I'm used it. If I can't raise money or get any other hacker to talk to me after this, fine, that's the risk.

But I'm FED UP WITH THIS bitching. If people like Brad Feld, Jason Mendelson, Paul Graham and Fred Wilson and many other people whom I've forgot to name, people I hold in very high regard, people of character, are saying the same thing but are not doing anything about this, well what the hell can someone like me, who wants to start his own company, has to expect?

What can you people, people like top investors ,advisers and successful entrepreneurs, say to the many people on this forum who have asked for help and advice when dealing with these leeches (patent trolls)? Just pay the bribe, it's ok to be be blackmailed, shaken down? Cost of doing business?

This is defeatism at it's worst!

And I'm happy to put name to this. Want to talk, you can find me at the addresses below

Signed,

Misha Manulis http://www.manulis.com misha at manulis dot com http://www.twitter.com/mmanulis <- Can't check this at work, company blocks it.

Here's my reply: -----------------------

I'm curious, what's the cost to VC-backed companies for dealing with a patent suit? I am assuming that most VC-funded companies in the web industry get hit for $100,000+ by different patent trolls. (Judging by posts on HN)

What's the cost of fighting one or two of these patents? I'm assuming, perhaps naively, that there are a couple of "key" patents, if dealt with, would invalidate some of the biggest threats and the cost of fighting such a suite would be several million, say 10 million, which equals a large? Series A round?

How much would a VC fund save over it's lifetime of investments if just a few of these patents were to be fought? Once again, assuming there is a good chance of winning.

What if several VC funds got together and pooled it's resources and took on a couple of the bigger patent trolls? Could you spread the risk and cost enough to make this viable?

Are the politics of this so bad that you cannot win even with a bunch of money ( >= $50 million) thrown at this issue? Can you guys raise enough money from interested investors to form a fund specifically dedicated to fighting these people?

This problem is due to lots and lots of money being given to various lobbies and politicians from the side that wants to keep the status quo. Why can't the side that wants change get together, pool their resources and do something about it?

I'm just a lowly engineer; I do not have the experience, connections, money nor knowledge to address deep issues, such as this one, in a meaningful way. I'm developing skills to build the experience, knowledge and connections, but I'm very far from having them. Yet I'm reading posts, such as this one, from many people, whom I consider authorities and whom I respect a great deal, speaking out against issues such as this one and do not seem to be able to do much about this. This is unbelievably disheartening.

If you have the money, experience, connections and give a damn, do something about this. It's always a small group of people who give a damn that accomplish anything. Here's a problem that desperately needs solving and there is a group of individuals, such as yourself, who have the means to get together and kick ass.

Why don't you?

Only a small group of people who have stood up on their hind legs have been able to change the world. The masses do not get together all of a sudden. Every hive has a queen. Even OcupyWallStreet started with a small group.

Grow some balls, do something about this! Or stop complaining.

Every time someone of your stature (you have to be aware of your own impact on the overall startup and tech community) posts such a piece, it puts questions into aspiring entrepreneurs and distracts them from building something to research more about patents or try to patent their own ideas.

You'll need help! We're here to help you. I will bet that many people will stand behind you on this. But someone will have to stand first and that person has to have enough __political__ and __financial__ pull to get the job done. It's not going to be some engineer or entrepreneur who will be eaten alive before they get anywhere.

Cause if you're not going to do anything about this, please don't vent this frustration so publicly, it affects too many people.

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Thank you

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