But having the constitution to do an act doesn't mean one is a repeated doer of that act. Has LV actively trolled, or tried to censor people's speech in the past? If not, they shouldn't be described as patent trolls, merely that they are currently engaged in an act of patent trolling.
This whole thread (and my objections to the use of language here) was based on onemorepassword's comment[0] that ended with a definitive "LayerVault are copyright trolls and bullies", which I read as speaking to their core and not just what they're doing at the moment.
Maybe omp has knowledge of LV having a past history of copyright trolling, but I don't think it's a fair statement to make based on one bad-faith filing, as abhorrent as that move was.
Dictators are a really poor example here, often it is not quite as clear-cut and there is no point in time you can say then he became a dictator. Not even in hindsight, it is usually a rise to power over years until their power becomes absolute.
The persistent/active component is in having the personal constitution necessary to engaged in the action in question. The type of person, for instance, who files a false DMCA take-down request -- censoring another person's speech -- without understanding or appreciating the ethical and legal implications of what they are doing.
"Repository unavailable due to DMCA takedown" -- https://github.com/designmodo/Flat-UI