Thursday, September 23, 2010

BCS Bowl Game Status as 501(c)3 Tax-Exempt Non-Profit Charities To Be Challenged

I am afraid that all of the misguided citizens -- especially those who have time to waste at "tea parties" -- who are talking about "tax cuts" are missing the more obvious solution to government financing -- and that is to tax those who SHOULD be taxed, rather then letting them operate as freebies under the system.

Things like religion and sports come to mind.... or put another way, why should an already overloaded taxpayer subsidize religions to which he does not belong? or commercial sports ventures masquerading as charities?

See in this regard AP Exclusive: Tax status of bowl games challenged - College Football - for the main story by Frederic J. Frommer, Associated Press Writer in an AP Exclusive, linked here to

Our comment to the overinflated salaries at the BCS bowls and elsewhere in the American economic system. Replace the multitude of those plundering the system with people willing to work for 1/10 the salaries that the plundering multitude now obtains.

It will work. No problem. Run a few test cases. If we can put salary caps on sports, we can do it elsewhere in the economic sphere.

While the often dirt poor young kids who play the game of football at colleges and universities are being ripped by the NCAA for even looking at a dollar, one finds an enormous entourage of people who reap thousands and even millions of dollars per year (e.g. coaches) from the alleged non-commercial industry of college football.

Essentially, non-profit status for bowl games as charities is a legal joke, perpetuated by well-meaning but uniformed judges and legal commentators who continue to think that amateur sports are non-commercial.

Not on this planet.

Heavily Litigated Patents Win Seldom: Software Patents only 12.8% of cases, Patent Trolls (NPEs, non-practicing entities) only 9.2% of Cases

The strongly held idea that heavily litigated patents were somehow "more valuable" than non-litigated or seldom-litigated patents can safely be put to rest as the result of study just posted at SSRN on September 16, 2010 as Stanford Law and Economics Olin Working Paper No. 398 by John R. Allison (University of Texas at Austin - Department of Information, Risk and Operations Management), Mark A. Lemley, Professor of Law at Stanford Law School and Joshua Walker (affiliation not provided to SSRN).

See Allison, John R., Walker, Joshua and Lemley, Mark A., Patent Quality and Settlement among Repeat Patent Litigants (September 16, 2010). Stanford Law and Economics Olin Working Paper No. 398. Available at SSRN:

The Abstract to the article reads as follows:
"Repeat patent plaintiffs - those who sue eight or more times on the same patents - have a disproportionate effect on the patent system. They are responsible for a sizeable fraction of all patent lawsuits. Their patents should be among the strongest, according to all economic measures of patent quality. And logic suggests that repeat patent plaintiffs should be risk averse, settling more of their cases and taking only the very best to trial to avoid having their patents invalidated. In this paper, we test those hypotheses. We find that repeat patent plaintiffs are somewhat more likely to settle their cases. But, to our surprise, we find that when they do go to trial or judgment, overwhelmingly they lose. This result seems to be driven by two parallel findings: both software patents and patents owned by non-practicing entities (so-called "patent trolls") fare extremely poorly in court. We offer some possible explanations for why a group of apparently weak patents nonetheless have so much influence over the patent system, and some preliminary thoughts about how these findings should shape the patent reform debate. "
The article is discussed at The 271 Patent Blog to whom we send a hat tip.

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