EFF's Patent Busting Targets Nintendo, Solitaire Patents
Thanks to the EFF site for its list of 'Patent Busting's Most Wanted' miscreants, the top ten patents "that pose the biggest threat to the public domain", as previously mentioned in a Slashdot mainpage post. However, Slashdot Games-relevant entries worth investigating further include an entry on Nintendo, accused of "threatening reverse engineering of videogames to promote interoperability and emulation by hobbyists and entrepreneurs like Crimson Fire Entertainment and Gambit Studios", and an entry on Sheldon F. Goldberg, accused of "claiming to own basic online gaming architecture [as well as Solitaire]." The article indicates: "EFF's team of lawyers and technologists will be tracking down prior art and preparing to petition the Patent and Trademark Office for revocation of these offenders' patents."
wikipedia's 'Public domain' article says that it applies to patents as well ('knowledge': scientific inventions, Edison, &c.)
Anyway, it would be interesting if the lifespan of a patent depended on whether you were using it in any products you sell. For example, you might have two years to start selling products based on the patent. If you weren't selling any by that time, the patent expires. But if you were, you'd get three extra years to enjoy your monopoly. It would reduce the harmful effect of bad patents, but it would really encourage rolling them out into actual products. And it would all but eliminate "far-off" patents, patents on stuff that won't even be technologically possible two years from now.
Incidentally, the idea - though with bigger numbers - could be extended to apply to copyright as well. If a work goes five years without being generally available, the copyright expires. Otherwise, you get to keep the copyright for as long as you live (but no longer!). If the copyright holder's not an individual, you get, say, 50 years. It'd sure cause some interesting rebranding. Let's say 50 years from now Windows is still alive and kicking. Well, as soon as it hits that magic number, it becomes public domain. So to prevent that, you might release it under a new name every 10 years or so, to "keep it fresh." But of course, five years after you make the switch, the previous incarnation becomes public domain. And I can see some hotshot twentysomething CEO of an incredibly successful startup putting all the copyrights in his name, because he's probably going to live more than 50 years... and he dies in a car crash the next day.
Ah, but this, like the flat tax, is just another interesting idea that will never in a million years be implemented. (Maybe I should patent it just in case.)
Although I congratulate the EFF for doing this, I think that battling against each patent one-by-one is going to be a never-ending losing battle.
We need an overhaul of the patent system (back to how it used to be when it was first put in place)and a halt to the corrupt practices of the patent offices. This can only be done politically, and it can be done if enough of us contact our democratic representatives (many of whom are already trying to stop the illegal, immoral and corrupt practices of patetn offices) [insert insesitive-clod comment here for anyone under a dictatorship].
Also, we need to stop complying with patents that were granted illegally. Too many companies, individuals, projects and organisations comply with clearly illegal patents (because they're scared of getting sued).
Joe Llywelyn Griffith Blakesley
[This post is in the public domain (copyright-free) unless otherwise stated]
Maybe all the slashdotters should make it a habit of filing for a new patent each year.
Of course, they will be without merit, will probably be overturned, and will effectively demonstrate that the system is broken because nobody will be able to get their patents through because of the flood of slashdotters patent applications.
Of course, it would be interesting to see how many such slashdot patents actually do get through.
Of course, looking at the uspto.gov web site showed the fee for filing a patent is $385.00 for an individual. What a rackett!!!
I say forget the idea above.
Send $50 to the EFF and cheer them as they take the bastards down.
Of course, a monthly handritten letter to your congressman would be welcomed too.
(does anyone know where to find a good template?)
"Piter, too, is dead."