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Another Garbage Patent
*no comment* writes "Literally "garbage patent" that is, Apple was rewarded a patent for the "Garbage" icon in Mac OS X. The patent documents can be found at the USPTO by clicking here. More on this and other Apple patents are in this article over at the macobserver."
Although I hate hearing about google, red hat, apple, etc. owning some common detail such as Instant Messaging; one needs to keep in mind that these patents are often the only incentive-protecting mechanism that are available to companies.
If companies couldn't get a patent for something it would be much harder for them to profit and thus they wouldn't develop items/technology as quickly or at all.
To offset this "monopoly" that is legally created, patents have expiration dates. For example: Tylenol(acetaminophen) once cost 'too much' but once it's patent ran out other companies rushed in and the price dropped significantly.
Paying that higher price for some feature on a laptop sucks but would you rather not be able to buy a laptop because no one wanted to produce/invent it?
--Thei Antispamist A useless endevor that will cer
ANd I still say we should boycott the idea of "Software Patents" in general.
Intellectual property, in limit, should be patentable. The original idea was to provide governmental protection for inventors given they FULLY PUBLISH the idea set forth in the patent if and only if that "object" is non-intuitive.
What's turned out is software patents patenting damn near everything in sight. Who cares if it's new or not. These days, making software is becoming a legal minefield, and the USPTO isnt helping (dump dump dump). Even the process of playing a DVD you own can violate 10's of patents. That's why MPlayer is off the US shore.
So, I'm not against intelluctal property, but am against software patents until the UPSTO starts heavily regulating those types. Until then, I say we should violate EVERY software patent we can find until the rules are changed.
How is this different than a copyright, then? Apple already had a copyright, since you get one automatically unless you declare something to be in the public domain.
There will be a point when the whole system will have to be scrapped or totally overhauled. More such "garbage" patents will bring this day closer. I can't wait.
Your pizza just the way you ought to have it.
The problem with software patents is lack of code disclosure. If the patent judges could compare line-by-line a MS .asp page feature with a php/apache page, they would laugh most of this stuff out of court. Unfortunately, they can't force them to include the patented code, because code is also protected under copyright and trade secret. The patent office is allowing a "black box" style patent--without even proof of a working system. They used to require detailed specs and proof of actual working devices. Now companies like Rambus can draw some pretty pictures and then prosecute the people who actually spend time and resources building the thing. This goes aginst 200 years of precedent!
That alone should be enough to get these thrown out, but patents don't work that way. They are assumed to be sacred, holy, creative genius by the courts until someone spends the time and money to strike each one down. Our wonderfull legal system doesn't allow the courts to "see" what goes on in the real world, only what comes into court--they can't even overturn bad Laws until someone's hanged for breaking it!
Quoth Josh Crawley:
Until then, I say we should violate EVERY software patent we can find until the rules are changed.
ahknight responded:
Not a popular opinion on this site but it's against the law and breaking the law is breaking the law, no matter how wrong you feel the law is.
Except that Josh Crawley is advocating something called "civil disobedience" -- something that is a time-honored tradition for getting unjust laws changed.
Burning one's draft cards was also "breaking the law" thirty-five years ago but there were enough of us who were willing to go to jail rather than participate in a war we considered unjust-- that we made a point that is still being heard today.
Taking in a runaway "Negro" slave was "breaking the law" a hundred and forty years ago but enough people believed strongly enough in their principles to do it anyway.
Dumping a shipload of tea into a harbor was "breaking the law" two hundred and thirty years ago, but... well, you get my point.
In times of universal deceit, telling the truth gets you modded -1 Troll