FTC and JD Holding Hearings on IP
hondo77 writes "The U.S. Federal Trade Commission and the Justice Department are holding hearings on intellectual property laws over the next few weeks (the first one was Feb 6). They're looking at the balance between IP rights and the free market."
I suspect that the possibility of any outcome between Justice and the FTC is going to be a blatant corporate lovefest. Let's face it, Ashcroft is firmly in the pocket of big business, and the FTC, while trying to get a grip on reality, fails to do so much of the time. The big IP corps are goning to simply take the ball here and write their own rules. Is there any way to get in front of this bus and stop it? YES. Get off your dead ass and send snailmail to your congress critters. Write to the head of the FTC. I'm not even going to include links, your mostly smart people out there, you know how to use Google. Get after it!
--- Think of it as evolution in action ---
I'm constantly amazed at the idealism shown on Slashdot. Politicians are about one thing, and one thing only: How can I get re-elected? The easiest way to get re-elected is to have lots of money to campaign with. The easiest way to get lots of money to campaign with is to get it from corporations. The easiest way to get lots of money from corporations is to use the "I scratch your back, you scratch mine" mentality.
They're going to uphold the current IP laws because it lets people make patents out of a Peanut Butter and Jelly Sandwich.
I'd tend to agree on abolishing many of the copyrights, IP, etc... on the internet, but the fact still remains that someone somewhere must be paid for something to be developed or innovated and that particular person/company will want people to know and maybe even pay for something that has taken them so much time to develop. Think about the music industry, if someone said, OK you can copy the music as much as you like then the recording industry would simply stop releasing music, then there would be nothing to copy! maybe im on completely the wrong track here, but the way id understand this particular article is that everything should be free, I just dont know if that could be, as i said, someone somewhere has to foot the bill to pay someones wages to develop whatever is being trade marked.
http://www.webhostingtalk.com
Make it idiot proof and someone will make a better idiot.
Total agreement here, even with the Enron fartcloud envolping Washington, after that "Axis of evil" comment by Bush, I'm convinced the cherry is off the "war on terrorism" victory and W. is back to halfwit status. Particularly with the extremely soft stance with regard to Microsoft and the DoJ and M$ wanting to get the whole thing wrapped up fast so they can get back into the bedroom and continue screwing people. The current administration is a bunch of coldwarriors, corporate whores and dingbats, Colin Powell the notable exception, but tainted by association, nonetheless. If anything comes out of this it's probably the FTC and DoJ looking for any wrangling room left over Intellectual Property that they can lock up in favor of the GOP's big campaign donors.
While you're writing to your reps, tell them to vote for the campaign finance reform act to bring an end to the charade of people you've never heard of having $70 million before a presidential campaign even gets started.
A feeling of having made the same mistake before: Deja Foobar
What makes you say that? I don't see him mentioned in the article. I don't see anything that indicates that the Justice department is on the wrong side of the issue. They are at least holding hearings which indicates that they understand there is cause for concern!
Millions of people in third world countries dying because of patents on drugs.
Kids and adults lacking intelligence due to patents on information which could enlighten the world.
Innovation controlled by big corperations using patents, and all for a profit, milk the old technology for 40 years or more until profits force you to change.
Government controlled by companies like Enron who take advantage of the flaws in the system.
Criminals and organized crime taking advantage of capitalism, people being killed for a buck, and wars being faught over money issues.
Whens it going to end? Capitalism is fine, but too much of anything is bad. When will people figure out, too much capitalism, too much competition, and not enough sharing is bad? Yes moderate competition fuels innovation, too much competition however makes the enviornment so competitive that no one can innovate.
Imagine the innovation and the new technologies we'd have, if third world countries had access to all the information in the world, and any kid rich or poor could be the next einstien or bill gates, any living person, any of the 6 billion people could come out with an idea, which changes the world and shares the idea for free.
Money needs to be made people say, just because you share an idea doesnt mean you'll turn that idea into a product. The product is what people buy, the service is what people pay for, not the idea or the information.
My opinion is, more focus should be on sharing information, less focus on competiton, more focus on ways to earn money from hard work and not from information, ideas, or earning money from having money.
We also need to fix the problems in our government, the current administration is just a joke, they got into office in a suspicious manner, and now we here stuff about Eron, corruption within the government should be removed, it will be difficult but its possible.
If you use Linux, please help development of Autopac
Take a good look around what happens when you are a fan and make a fansite, the way IP attorneys gorge themselves encouraging the MPAA and RIAA in their folly of copy protection, or Rambus tried to destroy inexpensive fast memory with an excessive tariff on DDR SDRAM license and using it to get their own RDRAM more accepted.
A feeling of having made the same mistake before: Deja Foobar
...that IP rights are supposed to be balanced with "free market" (what I consider to be a political doctrine on the border of being a religious belief) and not consumer protection, freedom of expression, advance of technology, science and human thought, or other real things that are threatened by overbroad patents and other kinds IP abuse.
Contrary to the popular belief, there indeed is no God.
James Rogan, director of the U.S. patent office:
> "The entry of patent law into these areas was
> greeted with predictions of disaster,"
> said "Yet the United States is the
> international leader in [software] and other
> technological areas."
The U.S. is the richest nation in the world. It was the international leader in software and other technological areas long before software patents reared their ugly head. But Mr. Rogan sounds surprised...
"How can this be? The U.S. has passed laws that allow us to arrest foreign programmers whose code we dislike and throw them in jail! We put export restrictions on encryption software! We grant patents on algorithms that are then included in ISO standards! We allow corporations to rip off huge quantities of code and call it "the Windows (R) network stack", and give them laws to allow the prosecution of anyone who makes unauthorised copies of it! How come we're the world leader?"
> "A return by competition regulators to viewing
> IP rights with a 1970s-era suspicion would risk
> interfering with these market-based incentives
> to innovate."
Market-based incentives to innovate are only incentives to the people involved in the marketing. You can't persuade an inventor to "invent more" by offering cash. You can only persuade firms to invest more in R&D, which isn't quite the same. Just as musical people would write and perform music whether or not they ever had a chance of becoming millionaires, so creative people would continue to create and invent. This is particularly true of software, where the cost of distribution is virtually nil. The deal is - money is (or should be) the means of exchange, not an end in itself.
The crunch comes with patents on drugs, where the initial investment is so large. There will never be (if you like to think in these terms) a medical-research Linus Torvalds to play the role of nemesis to the evil Glaxo-Smithkline, because you need more than a couple of PCs and some skill to cure cancer. I think this is a much more interesting and important area, and one that's a lot less easy to solve in the long run.
I dunno.
These sigs are more interesting tha
It is not scarce? So you're telling me that everyone thinks and creates on the same level of intelligence.
You're using the wrong definition of scarce. Each "new" IP created by someone is just that, a new property. This is much like a new model of car, a new type of CPU, or green orange-juice.
"Scarce," in economics terminology, means limited. If some X number of people have this, then the X+1'th person is going to get stiffed. This applies quite well to physical properties, because there are only so many, and that number is usually quite small compared to the number of people on the planet.
Oxygen, however, is not scarce. Nitrogen is not scarce. (Both if these come with caevats that it's breathable, but not pure.) Intellectual property is not scarce. I can breathe as much as I want and not affect the breating of anyone else on the planet. Likewise, I can copy the Linux Kernel (insert favorite rev. here) as many times as I want, and everybody else on the planet will still be able to get theirs.
Your argument (which seems to be that the market created/allowed by IP laws encourages the development of new IP) is possibly a valid one, but it is not based on the principle of scarcity. Don't get me wrong here -- I'm not an "abolish copyright/patents" type of guy: I think that you should be allowed to release your software on whatever terms you want, although any protections in excess of copyright law should be signed before purchase. I also happen to think that copyright is too long-term and the patent office is quickly becoming incompetent, but both of these are largely irrelevant to the fundamental discussion of Intellectual Property.
"Evil company X is threatening to restrict our rights! Let's all get together to stop--OOOH! SHINEY!!!" -- AC
Stupid patent examiners are a problem.
There are certainly some ideas which are sufficiently new and non-obvious that they deserve patent protection. I think the Fast Fourier Transform would have been one of them. But right now there's a huge number of patents being issued for stuff which is neither new nor non-obvious... and that is where the problem lies.
Let's take an example... searching for patents which include the phrase "hash table" in their title reveals ten patents.
The first patent (Dec 2001) is on a hash table which uses key mod N as an index and stores key div N inside the hash bucket (instead of storing the complete key). Hello set-associative content addressable memory. Every major cpu manufacturer has prior art on this one.
I can't make any sense out of the second patent.
The third patent is on using a hash table inside a switch to speed up finding a MAC address/port combination. Obvious to anyone with a background in algorithms: If you want to find something quickly, stick it in a hash table.
The fourth patent is on using two hash tables, and placing records into the second if they encounter a collision in the first. Prior art: Any 1st year data structures & algorithms textbook.
I can't make any sense out of the fifth patent.
The sixth patent is on inserting data into a hash table by writing the data first and the key last, in order to maintain thread safeness. Obvious to anyone who has written multi-threaded code.
The seventh patent is on growing and shrinking a hash table when it gets too full (or empty). Prior art: Any 1st year data structures & algorithms textbook.
The eighth patent actually looks like something intelligent; the ninth patent seems to be a duplicate.
I can't make any sense out of the tenth patent.
Ok, so out of nine distinct patents, we have five which should clearly have never been granted based on prior art or obviousness; three which I can't understand; and one which looks to be worthy of patent protection.
Here's an idea: If the USPTO grants a patent, and someone later demonstrates prior art or obviousness, the person who invalidates the patent should get to claim all the fees paid by the patent filer. I have a feeling that if this happened, we'd see a very rapid deflation in the number of dumb patents on the books.
Tarsnap: Online backups for the truly paranoid
tax cuts did not destroy SS or Medicade, the war on terror did......you do realise that about 5 times as much money was spent on the 3 months after Sept 11 than the sum of the entire tax cut (which by the way does not take even close to the full amount untill after the end of the projected deficets...about 5 years).
then the new budget is being decided....it is almost a give that we will allocate about 10 times more money over the next 10 years to fight terror than the whole of the bush tax cut.
before you cast blame on an insignificant (in comparison) amount of money, look at the whole picture and then realise that all the fools in washington put us here and that what we realy need is a erson in office who actualy cares about all the citizens and consumers' rights so we can stop the real threat to our freedoms...corprate power.
I am the Alpha and the Omega-3
Reference found at http://www.reclaimdemocracy.org/pdf/Debating_Wrong _Question.PDF Defiantely biased but has more up-to-date info.
I don't want knowledge. I want certainty. - Law, David Bowie
A few years ago, McDonalds (I believe they were the first - if not, it still works) introduced the "Extra Value Meal". The idea is instead ordering a sandwich, maybe fries, maybe a drink, they tie all three together so it is a better deal than if you bought each seperatly. This way you WILL get fries and a drink. So they sell you three items for a quarter or two more than the two items you would have bought before. Because profit margins on fries and drinks are so high, it's not like they lose money.
So, next thing you know every fast food place from Dairy Queen to Burger King to Wendys has various meal deals by various names.
Did they all pay McDonalds a royalty for bundeling items together? I seriously doubt it. They looked at a business model and implemented it themselves.
Now...Amazon comes along and someone has the bright idea of "lets store the customer info so when they want something they don't need to fill that info out again". A wonderful new idea? Probably not...I'm sure tons of places have regular customers who the owners know and can have everything taken care of just by the customer calling up and saying "Hey Bob, I need another x number of y's". Bob knows his customer and ships them to the usual place with the usual billing. Probably been going on for years on end.
All Amazon did was to expand this system to all of their customers and cut down on the human part - which is what computers do well anyway.
So why shouldn't b&n, and every other company out there be able to do the same thing? Hey...look at that business idea...does it work - well hell, lets do it as well...just the same way as we take the old crap and mark it way down as clearance to move it so we don't take a loss---just like every other store.
I could see if B&N stole amazon's code, did a s/amazon/b&n/g on it and put it into place, but why should amazon be able to patent an idea they had. A segway, I can see where there would be a patent on that - they guy came up with an idea and actually implemented it, and patented that. I don't believe the patent is for "platform on wheels that moves".
I'm sorry, but this is bullshit. Money is not speech. Paying money to politicians in exchange for privledged access is bribery. If you want to spend your money buying a newspaper ad in support of a politician, that's free speech. Handing him an envelope of money at a dinner so that he'll give you special treatment is bribery. Giving large sums of money to both parties, which is what a lot of the big doners do, is especially blatent bribery.
If your little sound bite money is speach were true, then income tax would be unconstitutional. After all, how can you tax a person's first amendment rights? Face it, the whole 'money is speech' is a load of crap that the crooks use to cover up their crimes. You want to support a politician? Buy an ad yourself. Volunteer some time. Make phone calls. Go door to door. Get the word out. That's free speech. Passing bribes is a crime, not speech. Until folks like you open your eyes to the blatent corruption going on, nothing is going to improve.
The Great Rogerborgio will use his mysterious powers of prediction to determine what will happen in this debate:
Flame away, but far better if you get over to WIPOUT and actually write it down where someone other than the /. regulars might read it.
If you were blocking sigs, you wouldn't have to read this.
Actually, in the U.S. at least, corporations are people. The U.S. Supreme Court said so in 1886, Santa Clara County vs. Southern Pacific Railroad case, based on the 14th Amendment.
Which does raise some interesting questions, personally... corporations are legal persons, but not allowed to vote? That's just wrong.
I'd love to see some corporation (that was established more than 21 years ago, just to avoid that little detail) sue to be given voting rights.
The outcome of that case would be seriously interesting. Now, whether it would make things seriously bad, or fix 100 years of bad legal precedent, is a frightening thought.
This is my sig. There are many like it but this one is... Oops. Frank, I've got your sig again! Where's mine?