IP Litigation Falls In The US... But Someone Is Confused As To Why

from the the-*successful*-RIAA-strategy? dept

There's a new report out that highlights that there were fewer IP related lawsuits in the US in 2008 than in 2007. The drop was about 10%: from 10,276 to 9,210. However, the reasoning given in the report for the decline is difficult to square with reality. It claims that: "The trend reflects the success of the recording industry in protecting its copyrights, leading the industry to bring fewer lawsuits in the past few years." That isn't even close to accurate. The RIAA has had very little success protecting its copyrights. The legal strategy has been a colossal failure, without a single legal win that held up, and file sharing has only grown over time. Hell, the RIAA has admitted failure in their lawsuit strategy, hence the decision to cut back on them (not end them, completely, as was originally claimed). So, it's difficult to see how anyone could conclude that the program was a success, and resulted in fewer lawsuits. And, of course, the aggregate numbers may not be all that telling, either. In the past, patent system defenders have noted a drop in cases filed recently, but they fail to note that it was because more patent litigation these days is filed against a long list of companies, rather than just one or two. So, in actuality, more companies are getting sued for patent infringement, even if there are fewer overall lawsuits.


Reader Comments (rss)

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  1.  
    identicon
    Anonymous Coward, Jan 20th, 2009 @ 9:46am

    Same with the RIAA

    "So, in actuality, more companies are getting sued for patent infringement, even if there are fewer overall lawsuits."

    The RIAA is pursuing this strategy as well. See all the new cases for "X Record Label v. Does 1-n (usually on the order of 10-15)." This might have helped the number of lawsuits drop as well.

     

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  2.  
    identicon
    Anonymous Coward, Jan 20th, 2009 @ 10:02am

    So what

    RIAA has failed with its strategy with copyrights. What does that has to do with patents? Both are unrelated issues.

    If you want to prove your point provide the statistics related to those IP related lawsuits (how many failed? settlements? won?).

     

    reply to this | link to this | view in thread ]

  3.  
    icon
    kirillian (profile), Jan 20th, 2009 @ 10:18am

    Re: So what

    IP Issues != patent

    IP includes patent...and copyright issues...

     

    reply to this | link to this | view in thread ]

  4.  
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    Mike (profile), Jan 20th, 2009 @ 10:37am

    Re: So what

    RIAA has failed with its strategy with copyrights. What does that has to do with patents? Both are unrelated issues.

    Um. The overall study was on IP lawsuits: including copyright, patent and trademark lawsuits. So, yes, all of them are included.

     

    reply to this | link to this | view in thread ]

  5.  
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    Ron (profile), Jan 20th, 2009 @ 10:42am

    Statistics

    "Get your facts first, and then you can distort them as much as you please"

    Guess they did that in that report.

     

    reply to this | link to this | view in thread ]

  6.  
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    chris (profile), Jan 20th, 2009 @ 12:21pm

    mission accomplished

    the RIAA is announcing the end of major combat operations in IP litigation. this is a "significant blow" for piracy.

    pay no attention to the pirate behind the curtain.

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Chuck Norris' Enemy (deceased), Jan 20th, 2009 @ 1:12pm

    Innovation meet brick wall

    Maybe innovation has decreased since nobody wants to get sued. Now there are less lawsuits.

     

    reply to this | link to this | view in thread ]


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