Slashdot Mirror


More Calls for Patent Reform

ibi writes "On the heels of the PriceWaterHouseCoopers report about the threat of SoftPats to innovation, comes a book by a Harvard B School and Brandeis economics professor about how broken the patent system is in general. In short their book argues that the entire system is a (stunned silence) scam. (They actually call it 'a creator of litigation and uncertainty that threatens the innovation process itself' instead but that's cause you don't get tenure for using words like 'scam'.) Interesting to see that its gotten so bad that a professor of Investment Banking at Harvard even thinks something oughta be done."

348 comments

  1. Progress by keiferb · · Score: 5, Insightful

    People like this are exactly who need to get involved for things to take a positive turn. Technical folks can bitch and moan all we want, but until the non-techincal start to understand, no, care about, the implications, things just plain won't change.

    1. Re:Progress by mikael · · Score: 5, Insightful

      but until the non-techincal start to understand, no, care about, the implications, things just plain won't change.

      More importantly, the financial folk from respected institutions.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    2. Re:Progress by samtihen · · Score: 2, Interesting

      Well, that is only partially true. The technical people do have power to change things, it just takes time. That is to be expected though; when was the last time you saw public policy changed very quickly (outside of the patriot act)?

      In fact, the technical people are probably the only ones who will change things. I strongly doubt that the average Joe on the street will ever care about patent law. I mean, that is unreasonable to expect from today's public.

    3. Re:Progress by ipgeek · · Score: 2, Insightful

      I'm afraid that there have been many economists for many years now who have called for a complete overhaul of the patent system. Many famous economists have been quick to point out the very tenous relationship between a patent incentive system and innovation.

      The difficulty is getting *non-economists*, i.e. lawyers and the public, interested enough to consider the implications if the patent system is broken.

      Hmm, and I am a little worried about some of the statements in this article. These particular economists seem to be a little misinformed as to what is going on in patent law these days (or maybe the quotes are out of context). The emergence of the Federal Circuit has actually been a positive effect on patent law in the United States, and most of the legal developments in patent law over the last decade have pushed more and more of the decision-making away from juries and towards judges (not the other way around).

    4. Re:Progress by BorgDrone · · Score: 1

      More importantly, the financial folk from respected institutions.

      Most importantly: the people with Lots Of Money who own Big Businesses who actually run the US and have no intention of letting go of their patent cash cows.

    5. Re:Progress by bentcd · · Score: 2, Interesting

      It shall be very interesting to see how many
      custom-built single-patent companies start popping
      up in order to cash in on a patent while shielding
      the mother organisation from retaliation suits.
      If this really starts taking off, then even large
      patent-holders might start rethinking their
      position. A patent portfolio will no longer be
      the suit of armour it used to be.

      --
      sigs are hazardous to your health
    6. Re:Progress by Dogtanian · · Score: 1

      how many custom-built single-patent companies start popping up in order to cash in on a patent while shielding the mother organisation from retaliation suits.

      What do you mean by retaliation suits? Even if the company is legally separate from the parent, and no direct action can be taken, if it is clear that X Corp. are behind 'Baby x', and 'Baby x' takes action against Y Inc., then Y Inc. will use *its* patents against X Corp- directly or indirectly.

      (Disclaimer: IANAL; I am an ignorant Slashdot reader, and not even American.)

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    7. Re:Progress by atrizzah · · Score: 1

      Yeah, while my school (Iowa State) isn't held in as high esteem as Harvard, we've been hearing the call for patent reform as well.

    8. Re:Progress by bentcd · · Score: 1

      Well, it simply has to not be clear :-)
      Company A can happily sell their patent to
      law firm B with an agreement that B won't sue
      A over that patent. Noone can then blame A when
      B starts suing left right and center.
      Assuming there is no clear connection between
      A and B beyond this transaction, of course.

      --
      sigs are hazardous to your health
    9. Re:Progress by Xenographic · · Score: 1

      That's somewhat short sighted in terms of strategy.

      The strategy which dominates is to do that to all the competetors stronger than you, and maybe a few below--whether or not you know who was behind the attacks on you. Of course, you concentrate on the ones at the top, but that (ironically) leads to a cycle of tearing down whoever is currently top dog.

      In other words, something rather like we see today.

    10. Re:Progress by l3v1 · · Score: 4, Insightful

      It's not the patent stack that should be the asset of a businness. It should be the applications of those patents in products and services combined with support in a way that would make a company in front of others despite not holding the patent single handedly.

      Companies shouldn't just live on a successfull product based on some patents on which they cash in from other companies as well, economical growth and revenue increase should be formented by innovation in products, technologies and services and in the quality they provide them.

      And this is just the very tip of the iceberg.

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    11. Re:Progress by siriuskase · · Score: 1
      Most importantly: the people with Lots Of Money who own Big Businesses who actually run the US and have no intention of letting go of their patent cash cows.

      Most importantly of all, technical people with lots of money who care more about innovation by other people than piling up more money for themselves.

      We need to start a compaign to get rich techies with more money than they need to speak up.

      In unrelated news, http://forbes.com/ just came out with it's list of richest Americans.

      --
      If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
    12. Re:Progress by greenrd · · Score: 1
      I suspect the reason why this does not happen very often - except when companies go bust and their assets have to be sold - is that is very difficult to agree on a fair price for a patent.

      Of course, employers can sidestep that by not paying their employees anything like the value of the patent to them (potentially massive expropriation of surplus value, Marx-fans!) - which is another reason why the patent system is unjust.

      Of course the most unjust patenting of all is stealing centuries-old native knowledge and patenting it - biopiracy.

    13. Re:Progress by bentcd · · Score: 1

      I don't necessarily agree with the last. If what the usurpers achieve in doing is to bring to the world at large useful knowledge that would otherwise have remained hidden to us, then they have potentially done us a great favour and deserve some credit for it.
      What use is it to me that the Oompaloompas of central Brasil have a cure for cancer if that cure never ever leaves the rain forest? Much more useful, then, to be able to do a "cure for cancer" search in the USPTO database and find what I need ...
      Of course, if the usurpers go on to require licensing fees from the Oompaloompas for doing what they've been doing for centuries, _then_ they most certainly are evil.

      --
      sigs are hazardous to your health
  2. Investment banking is far removed from creation by Anonymous Coward · · Score: 3, Interesting

    Wealth creation and true creation are two completely separate things. Creators, in the inventor sense, need to protect themselves from others who would take their ideas without recompensating the creators for the time and effort involved in the invention process.

    Investment bankers know how to carve up a company into itty-bitty pieces, charge a fee for that, then move on to dooming the next bright-eyed startup company with two contracts to rub together.

    So you are getting the opinion of a destroyer of wealth on how and why to dismantle the mechanism of protecting creators of wealth.

    I understand we all hate patents and don't believe in IP, but this is just about the worst you can do in getting a spokesman.

    Dancin Santa

    1. Re:Investment banking is far removed from creation by Russ+Nelson · · Score: 2, Interesting

      You need to go see Other People's Money. Otherwise you will be forever doomed to not understand why a company might be more valuable to society if split up.
      -russ

      --
      Don't piss off The Angry Economist
    2. Re:Investment banking is far removed from creation by noselasd · · Score: 0

      >Creators, in the inventor sense, need to protect themselves from others
      >who would take their ideas without recompensating the creators for the
      >time and effort involved in the invention process.

      Does it need to be that way ? I I make something, and someone else copies it, I'd blame myself for not making the damn thing more "secure" to
      copying/reverse engineering...

    3. Re:Investment banking is far removed from creation by julesh · · Score: 3, Informative

      You have a strange idea of investment bankers. Where I come from, they are generally people who invest their bank's money, usually in a business they foresee as being profitable. Asset stripping is not usually part of the process.

    4. Re:Investment banking is far removed from creation by Anonymous Coward · · Score: 1, Insightful

      Split into itty bitty pieces as in shares of stock. Not about closing down losing companies and carving them up for liquidation purposes.

      Two different things completely.

      And Wall Street is much more interesting than OPM for the same topic.

    5. Re:Investment banking is far removed from creation by Anonymous Coward · · Score: 1, Interesting

      Creators, in the inventor sense, need to protect themselves from others who would take their ideas without recompensating the creators for the time and effort involved in the invention process.

      no. real creators create for the sake of creation and the enjoyment of others. People intent on building wealth or wealth being the goal need to protect themselves from others.

      I invent many things, I also give them freely to the world. do they get copied? Yes. do I care? yes, it makes me happy that something I created is making others lives better.

      only the greedy think they need to milk every penny out of their "idea"... it's not your idea, chances are that at least 10 other people have that SAME idea.

    6. Re:Investment banking is far removed from creation by Apro+im · · Score: 3, Funny

      There are lots of things that are difficult, if not impossible (some would say all things) to prevent the reverse engineering of.

      A lot of time and effort is expended in the development of patentable inventions, and if somebody wants to benefit from it, why stop them?

      It's true that the patent system in the short term stifles innovation, and certainly slows innovation down in a direct sense. On the other hand, it gives financial incentive to do the inventing in the first place. (I know other incentives exist, but unless there's financial, most people can't afford to invent full time.) Additionally, the design of anything that's patented must be fully disclosed and on the public record, meaning that there is no secrecy involved on the part of the inventor, allowing others to improve the design, even while the patent is still valid, and license the improvement to the original inventor, license the rights to sell the original invention with the improvement, or to wait for the expiration of the first patent and then sell their improvement.

      The difficulty in the patent system is not inherent, though certainly, one can admire men like Benjamin Franklin who did not patent his inventions. The problem with the patent system is that often inventions that should be considered "obvious", and therefore exempt from being patented, are not, and are patented. Of course, these can be contested, but it's arduous, and hardly worth the time against a megacorp.

      Unfortunately, the resources do not exist for true experts to check every patent application thoroughly.

      (My) Conclusion: the patent system is not inherently bad, it just has problems of Pragmatism.

    7. Re:Investment banking is far removed from creation by 91degrees · · Score: 2, Interesting

      It's not always that easy though.

      A solution to a problem may well be something quite simple, like a shaped surface (e.g. a wing). I could spend years experimenting with a wind tunnel, and different shapes for a wing, gradually refining it until I manage a more efficient surface. Once I've developed it and sold it, all my competitor has to do is measure it. Any attempt to prevent reveerse engineering will interfere with the functionality.

      Why would I bother with the research in the first place? It's cost me a lot of money, and given me no benefit.

    8. Re:Investment banking is far removed from creation by Rude+Turnip · · Score: 1

      On the other hand, I know of some investment bankers who have a "do no evil" type of clause in their charters and they're actually committed to rescuing dying companies and helping to create jobs. But I guess the evil ones get more press coverage :)

    9. Re:Investment banking is far removed from creation by iabervon · · Score: 2, Insightful

      Everything can, in theory, be reverse engineered. However, some things are easier to invent the way the original inventor did than to reverse engineer.

      There are some inventions which are just totally mysterious to the user. Trying to figure out how a computer chip works by examining it is generally impractical. It is much easier to just make a different one which behaves the same in the circumstances of interest.

      There are some inventions which could be figured out with a bit of examination. The workings of an adjustable chair, for example, wouldn't be too hard to replicate.

      There are some inventions which are completely obvious once someone's thought of them, but where it was tricky to identify details of the problem they solve. For example, I have a can openner which is substantially better than other can openners because the handles are thick enough to spread out the force on the hands. It's completely obvious that it's good and why it's good, but it took 40 years for someone to actually make such a can openner.

      This last class makes the "obvious" test very difficult, because many things are obvious in hindsight that were not obvious when they were invented, as demonstrated by the fact that the technology existed to implement them for a long time without anyone doing so. In fact, the hallmark of a good design is that it is immediately obvious to anyone who sees it, even though it would be unintuitive until that point.

    10. Re:Investment banking is far removed from creation by MagikSlinger · · Score: 1
      On the other hand, it gives financial incentive to do the inventing in the first place. (I know other incentives exist, but unless there's financial, most people can't afford to invent full time.)

      Only if you can guarantee of enforcement. The cost of enforcing your patent is still mind bogglingly expensive. It always was (E.g., James Watt & his improvement of the steam engine). Also, getting an enforceable patent these days is also expensive usually requiring the services of a patent lawyer. Even if the small inventor has a patent, it doesn't really guarantee that the company won't take their invention to a known patent violating country (like China) and make money off it anyway. The only law that seems to really protect the inventor these days is contract law with non-disclosure clauses and payment.

      In short, inventors get better incentive & protection with contract law rather than patents. And heaven help him if he accidentally violated a company's patent with his own. Then the violated company can usually negotiate to get free use of the inventor's patent anyway.

      Additionally, the design of anything that's patented must be fully disclosed and on the public record, meaning that there is no secrecy involved on the part of the inventor, allowing others to improve the design, even while the patent is still valid, and license the improvement to the original inventor, license the rights to sell the original invention with the improvement,

      Listen, why don't you go and try to set up a company to improve on the P4 design and sell your own P4 clone and see how Intel reacts. When you get your ass served to you on a plate, feel free to come back here to get it re-attached for you. :-)

      or to wait for the expiration of the first patent and then sell their improvement.

      Ahem. Please check the expiration period of U.S. patents and tell me that's a reasonable thing, especially for computer technology :-)

      --
      The bitter lessons of a veteran coder: http://bitterprogrammer.blogspot.com
    11. Re:Investment banking is far removed from creation by durdur · · Score: 1

      > they are generally people who invest their bank's money

      Investment bankers facilitate a variety of financial transactions for their clients - these could include sale of all or part of the business, arranging a merger or acquisition, or raising cash through a bond, IPO, or secondary stock offering. In many cases the investment bank is acting as a middleman in the transaction and collecting fees - they may not be investing their own funds.

    12. Re:Investment banking is far removed from creation by Anonymous Coward · · Score: 1, Informative
      "Additionally, the design of anything that's patented must be fully disclosed and on the public record, meaning that there is no secrecy involved on the part of the inventor, allowing others to improve the design"

      Ah, yes, the argument that patents help progress by making inventions public. There are two problems with that idea:

      1) In software at least, patents are written in legalese that's practically incomprehensible to a working programmer. I've never heard of a software developer looking through patents for ideas. That would be a bad idea anyway, because...

      2) If you are aware of a patent and then infringe, you're liable for triple damages due to "willful" infringement. A lot of attorneys are advising people not to look at patents at all, to make sure this doesn't happen.

      As for financial incentive, a lot of inventive software was developed before it became possible to patent software, so it appears that patents are unnecessary in that industry at the very least. Whether patents are necessary in other industries is unknown...we haven't tried the experiment.

    13. Re:Investment banking is far removed from creation by lynx_user_abroad · · Score: 1
      Why would I bother with the research in the first place? It's cost me a lot of money, and [gives] me no benefit.

      You're fallacy lies here. If you invest in developing something easily copyable, it may be true that it costs you a lot of money, but it is false that it gives you no benefit. It does provide you benefit; the benefit of whatever you were developing. (In your example, it was a better wing).

      What I think you meant to say was that someone else could gain the same benefit without it costing them the same amount of money, since they could just copy the development you have done.

      So, at least on the surface, you appear to be complaining about the fact that freeloaders don't have to pay as much as you did. It affects your ability to benefit beyond your development, that is, to benefit at the expense of others. And it allows others to benefit without compensating you. But in the final analysis, it's all about selfishness.

      It might be a rightful selfishness, but it's selfishness none the less.

      --

      The thing about things we don't know is we often don't know we don't know them.

    14. Re:Investment banking is far removed from creation by Derekloffin · · Score: 2, Insightful
      I don't believe the idea behind patents is broken, I believe the implementation is broken.

      Originally patents were intend for when Joe Blow came into the patent office, put his gizmo on the counter and said he wanted to patent it. Then, that became impractical, so they started allowing mere design of the gizmo to suffice. Then, that design become generalized to the point of simple theory rather than specific implementation. And now, it's started into the area of allowing patents on algorithms, namely Computer Programs, which however complex are still algorithms and procedures.

      Another problem is the simple length of the patents. Like copyrights, patents have increased in duration since their original inception, while the afore mentioned broadening of patent scope was occurring. So, now we have excessively long durations on stuff that was never intended to be patented at all. This is again particularly evident in the area of software which operates in terms of years, not decades, and giving decades of exclusive access to a broadly stated algorithm is very stifling to development.

      Lastly we have the issue of how patents are actually used. Once upon a time you were expected to actually put some effort into producing whatever it was you patented. Now, this was never enforced, but now that loophole is heavily exploited in this broadened patent system. Companies sit on patents for the sole purpose of sueing other companies. Others exclude people from making use of the very thing that is patented to stifle competition. Back to software again, it becomes difficult to use an invention to proceed to the next level because now instead of simply going to your local hardware store and buying those fancy new screws you need to put your machine together, to put your new program together you have to hunt through a mess of patents, hunt down the current patent holder, hope they are willing to license out their tech to you, and finally be able to pay whatever fee they may ask, all of which is a legal nightmare requiring you to hire yourself a well versed lawyer who probably also will cost you a pretty penny.

      Last, as already mentioned, is the simple problem of inspecting these applications. The Patent office is so overburdened that they have essentially taken the position that pretty much anything will be given a patent, and the courts can figure it out later. However, that's no good. This badly tilts things in favor of large companies able to manage court and lawyer fees. As well, the moment a patent is given, however, frivolous, even the courts give it some respect, even if it is undeserved.

      Again, I don't think the central idea of patents is bad, it has just been stretched and twisted WAY beyond it's functional limitations.

    15. Re:Investment banking is far removed from creation by jnicholson · · Score: 1
      So, at least on the surface, you appear to be complaining about the fact that freeloaders don't have to pay as much as you did. It affects your ability to benefit beyond your development, that is, to benefit at the expense of others. And it allows others to benefit without compensating you. But in the final analysis, it's all about selfishness.
      The company that developed the new wing spent a lot of money to do so. They can expect to gain some financial advantage from the new wing, which will pay for their research costs.

      The freeloader didn't have any research costs, so he derives the same financial advantage without having to use some of it to pay off the invested costs.

      The result is that the freeloader derives more benefit from the invention than the inventor. Next time, the inventor is going to go, "screw that, let someone else do the work". Unfortunately, so will everyone else - so we never get the next new wing.

      That's the entire point of patents. Selfishness or the lack thereof is beside the point.

      --
      "Do not drill any holes in your cat - it will not like it."
      -- Nick Davies
    16. Re:Investment banking is far removed from creation by Free_Meson · · Score: 1
      You're fallacy lies here. If you invest in developing something easily copyable, it may be true that it costs you a lot of money, but it is false that it gives you no benefit. It does provide you benefit; the benefit of whatever you were developing. (In your example, it was a better wing).

      What I think you meant to say was that someone else could gain the same benefit without it costing them the same amount of money, since they could just copy the development you have done.

      So, at least on the surface, you appear to be complaining about the fact that freeloaders don't have to pay as much as you did. It affects your ability to benefit beyond your development, that is, to benefit at the expense of others. And it allows others to benefit without compensating you. But in the final analysis, it's all about selfishness.

      It might be a rightful selfishness, but it's selfishness none the less.

      You're an idiot. If it costs me (say) $30M to develop a new wing, in terms of lab time, employee time, and resources, and I can only sell 1 at the monopolist price before it becomes a free market, I will not recover my $30M investment much less profit from it. As a businessman, I will never invest any money in research. The time and money necessary to develop the new wing would be more efficiently spent on some other facet of business, either a development protectable as a trade secret or another endeavor completely unrelated to technological advancement.

      As a result, society suffers because it never gets a better wing. Without the financial incentive to innovate, not true innovation will take place. Garage inventors may have good ideas and develop them into useful devices, but relegating innovation into a device-by-device process would fundamentally defeat the goals of our commercial system. You're advocating (I'm assuming, because there can be no other conclusion from your argument) a return to the days of blacksmiths and cobblers where there is no mass production. Modern medicine -- who needs it? Cars -- no, just walk. Watch out for the piles of horse dung in the street, though. Buildings more than 4 stories high? Nope -- no elevators. Air travel? no way.

      New and useful ideas are expensive to develop and bring to market, but often are very cheap to duplicate. Removing the incentive to be the first to bring a technology to market will remove the incentive to invest in new technology. If no one invests in new technology, there will be very little... More importantly, perhaps, it is only the gauranty of a patent monopoly that allows many new products, once developed, to be produced. A factory is very expensive to build or retool, and a company would not undertake that expense in many cases if they could not count on the monopolist price. Subsequent competitors currently have the benefit of ~20 years of technological advance and an established market before they have to retool to compete -- they can retool more cheaply with lower risk.

      More importantly, especially for the "don't export our jobs" crowd that is prevalent here, eliminating the patent system would cause a flight of manufacturing jobs from the U.S. and a total collapse of the technology development market. If the only relevant factor in delivering a device to market is how cheaply it can be produced, then everything will be made in China. In the U.S., you'd be talking at least an overnight doubling in real unemployment, maybe more, and an economic depression that would dwarf that triffling little thing in the 30's as trillions and trillions of dollars in propety value would evaporate instantaneously.

      So, in conclusion, your preference for an abolishment of the patent system would 1) not work in theory, 2) not work in practice, and 3) cause a massive global economic collapse. From the above, it is apparent that you failed to adequately consider your position. Please desist from further idiocy.
    17. Re:Investment banking is far removed from creation by lynx_user_abroad · · Score: 1
      Paraphrasing
      • Inventor spent a lot of money to develop it.
      • Inventor expects to gain technological and financial advantage from it.
      • Freeloaders didn't spend the money.
      • Freeloaders get the same technological advantage by copying.
      • Freeloader's cost/benefit equation is not burdened by the costs, whereas the inventor's cost/benefit equation is.
      • Patents are intended to allow the inventor's financial advantage to balance the equation again.

      Yes, agreed to all of these. But that's not what you said. You said:

      It's cost me a lot of money, and [gives] me no benefit.

      This statement is not supported by the above points. It's not a question of receiving no benefit, it's a question of receiving enough benefit.

      The current patent system leaves the question of "how much is enough?" entirely in the hands of the patent holder. That would be fine if it were only the patent holder involved. But the patent holder is deriving this additional "financial advantage" from the society which grants him the patent. So I'd argue it's only fair to allow the Public some say in how much is enough.

      These are difficult issues, with valid opinions on all sides. But flawed reasoning helps no one.

      --

      The thing about things we don't know is we often don't know we don't know them.

    18. Re:Investment banking is far removed from creation by lynx_user_abroad · · Score: 1
      You're an idiot.

      Great way to start out a meaningful discussion, no?

      Without the financial incentive to innovate, [no] true innovation will take place.

      I'll grant this for the sake of the argument. But even if that "financial incentive" is comprised primarily of Patent royalties, there are additional benefits you fail to acknowledge.

      ...relegating innovation into a device-by-device process would fundamentally defeat the goals of our commercial system.

      I don't follow you here. Can you explain what you mean by "device-by-device process"? And you'll need additional background to explain what you see as "our commercial system".

      I'm assuming...

      Okay, we can dispense with the rest of your post, since you're off in La-La land. No one I respect is advocating the elimination of the Patent system, at least not without replacing it with some system for maintaining the necessary incentives for inventors. The Story was about patent system reform and this thread was about correcting the statement 91degrees made that, without protection for easily copyable inventions, developing an invention provides the inventor with no benefit.

      Even if you were completely right and I was completely wrong, boorish attacks and putting words into my mouth do not help you to make your argument, do not add to the usefulness of this community, and do not bolster your personal reputation. In short, they are neither wanted nor needed.

      Just go away.

      --

      The thing about things we don't know is we often don't know we don't know them.

    19. Re:Investment banking is far removed from creation by jnicholson · · Score: 1
      First of all, I wasn't the person you originally replied to, so I didn't say the inventor got 'no benefit'.

      The point is, the inventor can only lower his prices so much. He probably has investors to repay. The freeloader can lower them more because he has no costs to recoup. He underprices the inventor. The inventor loses sales and goes out of business. Who has then benefitted?

      --
      "Do not drill any holes in your cat - it will not like it."
      -- Nick Davies
    20. Re:Investment banking is far removed from creation by lynx_user_abroad · · Score: 1
      First of all, I wasn't the person you originally replied to, so I didn't say the inventor got 'no benefit'.

      Agreed. That was my mistake. It was a statement by 91degrees in this post.

      The inventor loses sales and goes out of business. Who has then benefitted?

      If the inventor has any use for his invention, then he has benefited. The freeloader has benefited as well. So has society in general. And if we presume for whatever reason, that the inventor has not benefited enough to (for example, repay investors, cover his expenses, meet his profit expectations, etc) then all of them (inventor, freeloader and society) will have benefited for the last time, at least from that inventor. Clearly not an optimal solution.

      Patent law ensures (or attempts to ensure) that there are no freeloaders, meaning that the costs of the invention (investors, expenses, profit, etc.) are paid by society if society wishes to gain the benefit. It's a fairly good free-market solution, allowing the inventor to set his price based on how much society is willing to pay. If society isn't willing to pay that much, he has to lower his prices. If the invention was lame, maybe he won't be able to get anyone to pay what he wants. But it does have a flaw: it creates a market anomoly; a monopoly.

      The grant of this monopoly means that society does not have the option of re-inventing the invention again, at any cost. Society can be held hostage by an inventor who chooses to not allow the benefits of the invention at all. Thankfully, only for 30(?) years.

      --

      The thing about things we don't know is we often don't know we don't know them.

    21. Re:Investment banking is far removed from creation by lynx_user_abroad · · Score: 1
      Here's an interesting thought. What if some "terrorist" develops a new "weapon", not a porta-nuke, but a cure for cancer or some other invention we think we just can't live without.

      He patents it, then refuses to let anyone practice the patent at any price. Even though people are dying by the thousands because of the patent.

      Would the U.S. government make a special law exempting that one patent? Would the Courts stand by as the private (intellectual) property of this individual were confiscated?

      And is that how the rest of the world feels about the U.S. and it's silly attitude toward AIDS drugs?

      --

      The thing about things we don't know is we often don't know we don't know them.

  3. Obviously the submitter didn't go to Harvard by Anonymous Coward · · Score: 1, Funny
    Words like: cause, gotten, oughta ...

    At least he used "that's" correctly.

    1. Re:Obviously the submitter didn't go to Harvard by Anonymous Coward · · Score: 0

      Whereas you would probably have preferred Oxford or Cambridge to Harvard. "Gotten" is a word on one side o f the pond at least:
      http://alt-usage-english.org/intro_d.shtml#Gotten

  4. This seems more like a litigation problem by a_nonamiss · · Score: 5, Insightful

    This comes across as more of a litigation problem, not really a patent problem. If I invent something, I don't think it's out of like for me to expect to be compensated for it. The problem is, there are too many damn lawyers. We are a litigious society, and that's really the root of the problem here. Why else would there be a warning on the Windex bottle warning me not to spray it in my eyes?

    --
    -Arthur
    Cave ne ante ullas catapultas ambules
    1. Re:This seems more like a litigation problem by julesh · · Score: 3, Insightful

      Why else would there be a warning on the Windex bottle warning me not to spray it in my eyes?

      Actually, I see that more as a problem with the legal system, not the lawyers. The lawyers are just doing their job, but the courts are coming up with the wrong answers, trying to protect people too much. You ought to be able to assume anything common sense... like the fact that cleaning fluids and sensitive body parts don't mix well. Just mark the bottle with the word "irritant" and assume everyone knows what that means.

    2. Re:This seems more like a litigation problem by Relic+of+the+Future · · Score: 1
      This comes across as more of a litigation problem, not really a patent problem.

      Did you see the word "trial" and "judge" and get lost?

      Yes, it's a law problem; a patent law problem. Patent law is a subset of law. Law determines litigation. So you're right, but only in the most vacuous way. If you read the aritcle, you'll see that they point to two changes in patent law (how easy it is to get patents and what sort of patent cases are heard by judges vs. heard by juries) that have led to the current patent debacle.

      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    3. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 0

      Sure, you should be compensated if you actually invent something. Unless what you call inventing is filing a patent for obvious concepts such as "one-click shopping" or "using the tab key to navigate a web page" . Since only non-obvious creations are supposed to be granted patents, the patent system is broken.

    4. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 0

      You can "expect" what you want. If I fall over in the street, I expect people around me to help me back on my feet.

      It's entirely a different matter to fashion a coercive system around forcing people to meet your expectations.

    5. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 2, Interesting

      My significant other works at the USPTO, and here is my view of part of what is wrong....most of the burden for creating a proper patent should be on the applicant, not the examiner!

      Lawyers prosecuting patent applications basically lie and cheat to try and get the broadest patent possible...causing undue burden on the system.

      There is already rules about lawyers basically cheating, but no one enforces them...and they try to take advantage of examiners by writing obviousely too broad claims to get more than they know they should. If the examiner lets it through somehow, then you get litigation.

      But there should be some penalties for the lawyers. In fact, even when a lawyer is acting in a way that will hurt their clients chances of getting a patent, the client may never find out because it is aganst the law for the examiner to talk to the inventor.

      So the lawyers have it all. They keep beating the PTO in the head to let their crappily written, overly broad patents through, and then they get to duke it out in court or let their clients intimidate others. How is that ethical?

      So, make a system of penalties or ratings of lawyers, so that there is some pressure on them to present good patents that are well writen, that take into account what is actually already patented, and then examiners would have to deal with less BS and be able to spend more time actually looking at the merits.

      So, put the work on those who want the patents, they are the ones who if interested will pay for a better system.

    6. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 1
      Actually, I see that more as a problem with the legal system, not the lawyers. The lawyers are just doing their job, but the courts are coming up with the wrong answers

      And the judges are: laywers.

      And the law makes are: laywers.

      You can keep blaming juries if you want. They are the only non-laywers involved.

    7. Re:This seems more like a litigation problem by a_nonamiss · · Score: 2, Interesting

      You know, if you really want to expose the root of the problem, it's not a problem with the law, lawyers judges or juries. That's just blaming the real problem on the people paid to enforce the status quo. The real problem is unscrupulous people that value money over ethics. Companies that want to get money for something that they did not create. And if one company does it, another says "look, they did it, so that means I should do it." People in this society don't think for themselves, and unfortunately we can't rely on common sense to help out on the interpretation of laws.

      I'm not a bible-beater or anything, and I'm not preaching the ten commandments here, but we really only need a handful of laws, along with common sense, to live in a great society.

      More or less in this order.
      1. Don't kill people.
      2. Don't steal (This includes all forms of stealing, cheating, scamming, manipulating or otherwise defrauding.)
      3. Don't lie.
      4. Make every effort to contribute to society in a positive way. (Don't be stupid, you know the difference between right and wrong.)
      5. Above all, treat other people how you would want to be treated.

      The reason that this wouldn't really work is that some people are born without ethics. They need to be told exactly what they can and can't do. By and large, those people grow up to be lawyers. (OK, seriously, I KNOW that not all lawyers are bad. I'm using an overly broad and unfair generalization to make a point.) We shouldn't live in a society where the average person isn't qualified to defend himself against accusations because the laws are so complicated that it requires post-graduate schooling in order to interpret. That's why Lawyers can use phrases like "Well, it's not exactly illegal." and "Well, technically, you can't prove that [insert CEO of Fortune 500 company here] knew about the accounting scandal, so technically he didn't do anything wrong."

      So, I have to concede. It's not lawyers that are broken. It's society. Lawyers are just an outward symptom of the cancer that's eating away at the world that we know today. Politicians are another example. So what's the solution? I don't know. I'm only paid to bitch and moan. I'm not smart enough to come up with any real solutions.

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    8. Re:This seems more like a litigation problem by julesh · · Score: 2, Interesting

      Judges aren't lawyers. The two are completely separate professions that happen to involve very similar training and who work together frequently.

      That's like saying that IT project managers are programmers. The two clearly have a lot of domain specific knowledge in common, and programmers often become project managers later on in their careers, but they are entirely separate and distinct jobs.

      The laws in question are almost certainly "common law"; that is they were never actually written in governmental acts, but arose through the decisions of judges (and juries) in past similar cases.

      And, yes, juries are a large part of the problem. They're too easy to sway with emotional arguments, and often award compensation that is substantially too high. They're also often left to decide on matters that they aren't qualified for, particularly when dealing with laws that involve phrases like "a reasonable person".

    9. Re:This seems more like a litigation problem by Damiano · · Score: 1

      Might is *possibly* be because some people are stupid enough to actually *spray* windex in their eyes?

    10. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 0
      Furthermore, I DO prefer steak over beef wellington.

      No really, that's how much you digressed.

    11. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 0
      The problem is, there are too many damn lawyers.


      Isn't that a bit like blaming illness on doctors?

    12. Re:This seems more like a litigation problem by weierstrass · · Score: 2, Informative

      Why is this warning a 'problem'? If you already know not to spray it in your eyes, than ignore it. If you want to spray it in your eyes despite knowing that it's dangerous, then do the same. Just be aware that you, and not the company involved, will be held liable.

      --
      my password really is 'stinkypants'
    13. Re:This seems more like a litigation problem by Eunuchswear · · Score: 1
      4. Make every effort to contribute to society in a positive way. (Don't be stupid, you know the difference between right and wrong.)
      You want that to be a law? What have you contributed today? What penalty are you prepared to accept if others think your contribution was negative?
      5. Above all, treat other people how you would want to be treated.
      Hang on, is this "law 0" (i.e. "above all") or "law 5"?

      If you're going to stick the golden rule in some people would argue you don't need the rest.

      Good thing old Isaac didn't ask you do do his 3 laws :-).

      --
      Watch this Heartland Institute video
    14. Re:This seems more like a litigation problem by drinkypoo · · Score: 2, Insightful

      Lawyers become politicians and go on to make laws which benefit who? The lawyers. Looks like a vicious cycle to me in which we get more laws, more lawyers, and more politicians - three of my least favorite things.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:This seems more like a litigation problem by julesh · · Score: 1

      The warning isn't the problem. The fact that the company involved feels they have to include the warning for legal reasons is the problem.

    16. Re:This seems more like a litigation problem by weierstrass · · Score: 1

      Why?

      --
      my password really is 'stinkypants'
    17. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 0

      However, judges frequently WERE lawyers before they decided to become judges.

    18. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 1, Insightful

      I disagree.

      Laws are not about being right or wrong. Period. Morality and contributing to society do not belong in laws.

      Laws are an agreement that we need certain rules in place to allow for smooth functioning of society. They should never, EVER specify morality.

      Having a large body of laws is about handling the gray areas that your post grossly oversimplifies. Yes, we have too many. No, yours are even worse.

      Everyone is born without "ethics". You create your system of morality and ethics yourself from your experience. There is no absolute "ethics". Only a foolish person would believe that there is an absolute "Right" and "Wrong" that you could teach to people.

    19. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 0

      You're part of the problem, it seems...

    20. Re:This seems more like a litigation problem by m-stitts · · Score: 1

      I have no problem with patents for physical objects/processes, they tend to be verry specific. The problem today it seems ideas themselves are getting patented (Software) with fairly generic implementations. Take the paper-clip, there are many differant patented designs and processes for creating them. Take (insert your favorite audio/video encoding scheme here), any attempt to make it better/faster is impossible without stepping on the original patent.

    21. Re:This seems more like a litigation problem by k98sven · · Score: 1

      Because liability should be limited to common sense and reason.

      It's not reasonable someone should be held liable for every concievable damage caused by their product or actions. At some point you must assume "people know better than that".

      This line of thinking is embodied in the law. However, a lot of people (myself included) feel that the large number (huge actually, in an international context) of liability lawsuits in the USA have established a body of case law which has 'dumbed down' this level of "common sense" to unreasonable extents.

    22. Re:This seems more like a litigation problem by Sylver+Dragon · · Score: 1

      At the risk of feeding a troll:
      As the previous poster was getting at, there is nothing wrong with the label, in and of itself. The problem lies in the fact that, had the company not put that label there, any idiot could spray the Windex in his eyes, sue the company for the damage caused, and win. Windex is a glass cleaner, your eyes are not glass, therefore, keep the Windex out of your eyes. Most of us would view the previous statement as very obvious, especially if the bottle just had a label that said "irritant". But, because of the way the US court system has been working, of late, a company is forced to put a warning label on the bottle for every possible dumb-ass action a person might take with a product, for fear of being sued and having to pay huge damages.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    23. Re:This seems more like a litigation problem by Lonath · · Score: 1

      There are 11 kinds of people in the world: Those who can count in binary, and those who can't.

    24. Re:This seems more like a litigation problem by phats+garage · · Score: 1

      take it easy on him, its tough to read slashdot on a braille display system.

    25. Re:This seems more like a litigation problem by maxpublic · · Score: 1

      Make every effort to contribute to society in a positive way.

      No thanks. I don't want to live in a society where a bunch of self-righteous assholes can force me to contribute to the 'greater good' (whatever they happen to define that as), or punish me if I refuse. That sort of tripe is a justification for slavery.

      I'd replace your 4. above with this:

      4. Mind your owned goddamned business. Unless your neighbor is harming a person or a person's property then do everyone a favor by fucking off.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    26. Re:This seems more like a litigation problem by NemosomeN · · Score: 1

      He's not saying it's a problem, just that it's indicative of a problem that does exist. I don't care that my cleaning fluids tell my not to drink them, but I do care about the fact that if I were to sell cleaning fluid without such a warning, I would be wide open to law suits. "A reasonable person" doesn't exist in America. "A reasonable person" is assumed to be instead the least common denominator so far as the law is concerned.

      --
      I hate grammar Nazi's.
    27. Re:This seems more like a litigation problem by Anonymous Coward · · Score: 0

      By jove I think you have it sir, by God yes

    28. Re:This seems more like a litigation problem by Martix · · Score: 1

      Id say sillyness as well
      Clear channel patents the process of recording live events and selling CD'S of the show....
      nothing realy new.

      They need to be looked at as a cash grab this kind of patent. Look at eff.org for patent busting.

      for the above its been done for a long time now.
      I for one have been doing it for local acts from time to time.

    29. Re:This seems more like a litigation problem by 19usc2462bH · · Score: 1
      Judges aren't lawyers.

      As quoted in this Salon.com article Supreme Court Justice Antonin Scalia refers to himself as a lawyer:

      In a speech last month in New Orleans, Scalia contrasted his easy ride to confirmation with the tough sledding some of Bush's nominees have faced. "Eighteen years ago, I was confirmed 98-0," Scalia said. "I was considered a good lawyer and an honest man. Those qualities carried the day."
      18 years ago Scalia was a Judge of the United States Court of Appeals for the District of Columbia Circuit (since 1982), becoming a Supreme Court Justice in September 1986.
    30. Re:This seems more like a litigation problem by greenrd · · Score: 1
      However, a lot of people (myself included) feel that the large number (huge actually, in an international context) of liability lawsuits in the USA have established a body of case law which has 'dumbed down' this level of "common sense" to unreasonable extents.

      Oh, in an ideal world, absolutely, I'd agree with you.

      However, given that over 40 millions USians are functionally illiterate... I'd hazard a guess that maybe you need to improve your education system so that it actually, you know, educates everyone in the basic things you need to know and learn in life.

    31. Re:This seems more like a litigation problem by k98sven · · Score: 1

      Well.. I certainly agree public education should be better.

      But I'm not sure it should really matter when it comes to liability.

      For example- Should a auto maker be liable for accidents caused by unlicensed drivers?

      It's the responsibility of society (IMHO) to provide people with this basic knowledge. It's not the responsibility of the people making products which require 'common sense' to use. So it shouldn't be their liability either.

  5. Linux as case study. by Anonymous Coward · · Score: 2, Insightful

    This may be obvious, but it seems Linux provides the best case study for considering the argument that patents are required for innovation.

    1. Re:Linux as case study. by julesh · · Score: 4, Insightful

      I don't think it does. Linux is not particularly innovative. Almost all of its features were previously included in another operating system. I can't think of a single thing it does that ought to be eligible for a patent, even in a world where software can be patented.

    2. Re:Linux as case study. by Waffle+Iron · · Score: 3, Insightful
      I can't think of a single thing it does that ought to be eligible for a patent, even in a world where software can be patented.

      Nevertheless, if somebody were so inclined, they could probably get the USPTO to grant them hundreds of patents covering what Linux does. The prerequisite of novelty is not being enforced because the patent office doesn't do effective prior art searches, and the patent holder is not held accountable if their patent claims are later found to be invalid.

    3. Re:Linux as case study. by Relic+of+the+Future · · Score: 1
      I concur. It seems the grandparent put in the keywords "Linux" and "best" and acheived the expected return...

      Anyway. What Linux DOES show is that really great and usefull things can come out when information is shared; which is nominally what the whole IP system was suppose to be for, you get a LIMITED time monopoly as an incentive, in exchange for the world getting to know and share and improve on your work in the future. Something like Linux is what we hope to happen in any environment after the patents have already expired.

      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    4. Re:Linux as case study. by tkrotchko · · Score: 1

      "Linux is not particularly innovative"

      By your definition, there have been no innovative operating systems in perhaps 40 years.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    5. Re:Linux as case study. by Anonymous Coward · · Score: 0

      Could you remind us of what is innovative about Linux? (as in, new?)

    6. Re:Linux as case study. by Talonius · · Score: 1

      And that's an incorrect definition why?

      Operating systems start, manage, and terminate processes and resources. There have been huge strides in the user interfaces that operating systems have, but the central functionality of the operating system has changed little, if at all.

      --
      My reality check bounced.
    7. Re:Linux as case study. by Anonymous Coward · · Score: 0

      Which ones are those again? You know, the innovations pioneered by Apple and Microsoft. I know I should know this, but I can't think of it right now.

    8. Re:Linux as case study. by tkrotchko · · Score: 1

      I didn't say it was incorrect, merely pointing out that the playing field is level here.

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    9. Re:Linux as case study. by julesh · · Score: 1

      By your definition, there have been no innovative operating systems in perhaps 40 years.

      Not at all. The last 40 years has seen the advent of many useful OS level features, including the "everything's a file" abstraction (pioneered by Unix and Plan9), standardised security models (Multics, Unix, and others), real time scheduling (not sure where this originated?), journaling file systems, clustering operations, distributed filesystems, instrumentation and access auditing, multithreading with shared memory while maintaining protection between separate applications, and probably a whole host of other such features.

      None of these originated in Linux.

    10. Re:Linux as case study. by Anonymous Coward · · Score: 0

      "None of these originated in Linux."

      True, but I'll bet most of them were developed by IBM in the early 60's.

      THe idea that "everything's a file" is simply a way to keep the operating system simple, in my book, it qualifies as a hack (but that's just me).

      As to standardized security models, these were invented 10-20 years before Unix. Real time scheduling happened in the early 60's, as did multi-threading (I was doing multi-threaded programming back in '78).

      NUMA is new, but then we all know SCO invented that...

      Seriously, the point is that to say "Linux is just Unix with a new shell". Well, hell, so is MacOS. And Windows XP is just VMS, but done in a stupid way.

  6. logic by period3 · · Score: 4, Insightful

    Interesting to see that its gotten so bad that a professor of Investment Banking at Harvard even thinks something oughta be done."


    I don't follow - wouldn't a professor of investment banking at harvard be among the first people to realize that something oughta be done?
    1. Re:logic by Anonymous Coward · · Score: 0

      Nope, because everyone's been building the case that a degree from Harvard means less than nothing. All of a sudden now it's worth something again?

    2. Re:logic by GbrDead · · Score: 1

      Exactly. Instead of an aging hippie.

      Disclaimer: I am an RMS fan :-)

  7. patent ain't bad for everyone by Anonymous Coward · · Score: 0, Offtopic

    I would patent sex. What an empire I'd build. Plus all your kids are belong to me.

    1. Re:patent ain't bad for everyone by DenDave · · Score: 1

      I would patent sex. What an empire I'd build. Plus all your kids are belong to me Well imagine I just patented patents... better get ready to dip your hands into your pockets or keep somethin' else in them...

      --
      -if at first you don't succeed, stay the heck away from paragliding.
    2. Re:patent ain't bad for everyone by Anonymous Coward · · Score: 1, Funny

      I don't know if you can patent sex. But if someone tries to patent gayness, you can certainly submit your post as prior art...

    3. Re:patent ain't bad for everyone by Just+Some+Guy · · Score: 1

      Aight, but get out the checkbook - the little nippers will eat you out of house and home if you're not careful. What time can I drop them off?

      --
      Dewey, what part of this looks like authorities should be involved?
  8. The Law Tax by Titusdot+Groan · · Score: 4, Insightful
    The legal system which has always been somewhat parasitic, has now reached the point where it is killing the host. The amount of effort the legal system consumes is reaching an unviable level.

    Schools have to tear down playgrounds because of fears of lawsuits. My kids can't go on field trips without a 4 page medical release. My kids can't attend GYM CLASS without a waiver where we acknowledge that gym includes strenous physical activity.

    OB GYNs can't sneeze without ending up in court. People injured in car accidents get millions in settlements.

    Coffee cups have "Attention: Hot" printed down the sides of them. Radio ads include a "high speed small print" ramble at the end of them. There is an asterix and small print on everything around me. Half the price of football helmets is to pay for the companies lawsuits and insurance.

    The patent system is just another example. The copyright system is just another example.

    As a society we need a rework.

    1. Re:The Law Tax by benzapp · · Score: 2, Insightful

      I think a great way to revise the legal system is to replace all trials by court, with trials by ordeal, specifically combat.

      Nothing makes my heart cringe more than watching some poor helpless shell of man, sitting there powerlessly letting the sophists spin their web of verbal obfuscation, all the while realizing he has indebted, and thus enslaved himself, for years simply to gain his freedom.

      Far better I think, to fight for your freedom in a mediated, structured system of combat.

      --
      I don't read or respond to AC posts
    2. Re:The Law Tax by arudloff · · Score: 2, Insightful

      Here, here good sir.

      The concept of stupidity has been lost and replaced with victimization. It's not my childs fault he dove head first down the slide in the scorching heat. The slide shouldn't have been made of metal in the first place, and it can't be made of plastic because he might chew a peice of and swallow it. Get rid of it and give me money for my stupid child.

      It's like all the whiney cause heads and all the whiney victims converged and formed some sort of sick and twisted super whiner.

      I don't believe in social darwinism, but issues like this make me want to. We just need to stop rewarding victims and start compensating them instead. There's a huge, huge difference.

    3. Re:The Law Tax by Anonymous Coward · · Score: 0, Informative

      Coffee cups have "Attention: Hot" printed down the sides of them

      This, including the other statements you make, are the result of a misunderstanding of how all of these events really turned out (thanks mostly in part to popular media pushing their view that all lawyers are scum).

      McDonald's had specific mandates to keep the coffee at a temperature far above a reasonable level in order to mask the flavor. If the coffee had been a more reasonable temperature, the risk of burning would be very minor. Thus, the court was very correct in finding them negligent in their keeping the coffee that hot. (Also, the original reward was significantly reduced later).

      You can thank the media in general for all of which you complain about; and not the legal system itself. The media creates the FUD based upon a general misunderstanding of what takes place.

    4. Re:The Law Tax by Anonymous Coward · · Score: 1, Funny

      Just remove the safety labels off things and let the problem solve itself. within a generation or two, perhaps COMMON SENSE will have been rekindled in that dark dark hole of lawyers that is the USA

    5. Re:The Law Tax by dustman · · Score: 2, Funny

      Far better I think, to fight for your freedom in a mediated, structured system of combat.

      This would never work. Athletes (such as O.J. Simpson) would excel and never be "found guilty" of their crimes...

    6. Re:The Law Tax by LaCosaNostradamus · · Score: 2, Interesting

      We should bring back duelling. If you have a real problem with another person, and you're each willing to stand those 20 paces away to make your points, then it's apt to be that a real conflict is taking place, not a faux conflict as happens each minute in America's court system. In short, duelling would get money out of the justice equation and put philosophy back in.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    7. Re:The Law Tax by Bull999999 · · Score: 1

      As a society we need a rework.

      Amen to that! It looks like there will be a show down between the doctors and lawyers in Florida, Nevada, Oregon and Wyoming soon.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    8. Re:The Law Tax by MindStalker · · Score: 1

      Hey is an OB GYN sneezed in me, I'd sue too :)

    9. Re:The Law Tax by Titusdot+Groan · · Score: 1
      This, including the other statements you make, are the result of a misunderstanding of how all of these events really turned out (thanks mostly in part to popular media pushing their view that all lawyers are scum).

      Huh? Coffee cups DO have "Attention: Hot" written on them. And not just McDonalds cups. How this came about is not my "misunderstanding", it's all the coffee sellers in the world trying to protect themselves.

      If, on the other hand, you were correct and this was just media FUD -- McDonalds would have just turned down the temperature in their coffee machines and everybody else would have checked their temperatures and made sure they were reasonable.

      But the system is not reasonable. So companies need disclaimers.

      That's my point -- the initial lawsuit may not have been unreasonable but the after math and the continuing chilling effect is the problem.

    10. Re:The Law Tax by hackstraw · · Score: 2

      As a society we need a rework.

      All of this is inevitable. Think about it. If your not someone along the line of someone builds houses or a farmer or something that provides the basic necesities in life, you have to justify your existance in society.

      Lawyers are people who are employed because they know the rules of society. That is how complex our society has become. And these people are given tons of respect. Lawyers, doctors, and NASA employees for some reason give people glassy eyes when they hear that someone works in one of those professions. A majority of lawyers have really dull jobs. They monkey around with contracts and other paper formalities. A good number of doctors today are those idiot doctors that work in those "Doc in a box" places. Try to get some useful health information from a doctor like diet and exercise, and not something that comes from a prescription. My usual contact with a doctor is stop smoking and take these pills. Usually the pills are something that I ask for because I already know what is wrong with me, however, I just cant get my prescriptions filled without talking and paying one of these bozos.

      My point being is that we simply have to put up with all of these extra layers of crap in our society because machinery and automation have made so many jobs obsolete. Think about how much time effort and money (ie salaries paid) was involved in getting "Attention: Hot" on coffee cups. We as a society need this extra layer of fluff. Othewise, people would just get drunk and stoned all the time. We can't have that now can we?

    11. Re:The Law Tax by GQuon · · Score: 1

      I listened to Bush in the RNC speech mentioning tax code reform and medical liability reform. The crowd went nuts!
      Elsewhere, thousands of lawyers and business logic software developers screamed "NO!" at the top of their voices.

      --
      Irene KHAAAAAAN!
    12. Re:The Law Tax by nomadic · · Score: 1

      If, on the other hand, you were correct and this was just media FUD -- McDonalds would have just turned down the temperature in their coffee machines and everybody else would have checked their temperatures and made sure they were reasonable.

      Newp. Then McDonald's would have lost money by having to freshen the coffee pitchers more frequently. They decided that they'd make more money in the end by just paying off the occasional first degree burn victim.

    13. Re:The Law Tax by StillAnonymous · · Score: 1

      I agree completely. "Nerf the World" seems to be the theme for the past two decades or so.

      Instead of survival of the fittest, with the idiots weeding themselves out of existence, we're protecting them and harbouring a new breed of moron. The future of mankind doesn't look too prosporous with these kinds of people dictacting our actions.

    14. Re:The Law Tax by sxmjmae · · Score: 1

      No to stop it you just need a court system to ask why you need millions of dollars. Make the individual asking for the million explain why such money is needed. Refering to at least 3 or 5 places with a quote. Then have the court add on administration fee and then as they individual required the money to pay for doctors and such the court would directly pay the money out. The same could be done for cases that are settled. The money is ment to go towards something specific (related to damage done by the overly hot cup of coffee). Most of these people ask for millions and then settle for far less. They are obviously in it for the money. Remove the aspect of them actually seeing the money and you would need cases where people actually do need the money to pay for doctors and such. The one exception to the case would be to ask the court to punished the company as they knew about the issue and did nothing. The punishment for company is in dollar amounts but instead of going entirely to the one claimaint the fine should be split among all individuals who suffered. Instead of me sueing the pencil manufactor for a splinter in my finger I would ask the court to collect money from the company to pay for the actuall cost related to the splinter in my finger (Doctor bills, lost time at work, other items that I could prove where was a cost to). Now if the pencil manufactor made pencils that caused splinter and did this becuase it saved them two cents. Then the court could fine them for knowingly making an unsafe item and to continue selling it. The Extra fine would go toward all individuals who got a spinter from the pencils. I think most companies would not mind paying millions of dollars if they knew it actually going to be used to pay for treatment. They fight hard in court with costly lawyer because they know you do not really need millions of dollars to fix a splinter from a pencil. The lawyers have set up that both sides fight and they are the arms dealers selling to both sides and making a killing.

      --
      My Sig indicates the end of the comment I posted.
    15. Re:The Law Tax by siriuskase · · Score: 1

      That's because legislators or maybe the people who elect them think that their job is to make laws, the more the better, productivity is a good thing, right? They should be required to spend more time reviewing and repealing existing laws than in making new ones.

      --
      If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
    16. Re:The Law Tax by hackstraw · · Score: 1

      They should be required to spend more time reviewing and repealing existing laws than in making new ones.

      Reviewing and repealing laws is in the judicial branch. Making more laws keeps both the legislative and judicial branches in business. That was my point to begin with -- people have to justify their existance today.

    17. Re:The Law Tax by AuMatar · · Score: 1

      THe problem then is that justice is decided by who has the best reflexes, not who is right.

      On the other hand, I think there's a lot of court cases that would be better avoided by letting the wronged party take a free swipe at the other guy. Except if you try that you then get sued for medical bills.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    18. Re:The Law Tax by Anonymous Coward · · Score: 0

      OR...
      Perhaps this is what Corporate America wants you to believe. That way it will be easier for them to pass laws that limit liability. Oh sure, it might limit your liability, but I guarantee that they will be first and foremost considered in the law.

      I agree that some lawsuits are frivilous, but in order to actually win, negligence must be shown. You bring up the "Caution: Hot" label on coffee, but did you know that McDonalds actually served (and still does I believe) its coffee at temperatures that are not humanly consumable? It had known of over 700 cases of people getting burned by its coffee before that lawsuit. Look it up; it's fun stuff. If I was deciding the outcome of a trial and was shown this kind of information, I would side with the plaintiff as well.

      I have done some research into the tort reform issue and have found that most sources state that lawsuits as a quantity have not gone up in the past 15 years and have actually dropped as a percentage of the population; although, the payouts have increased a bit faster than inflation.

      When it comes down to it, litigation serves a very good purpose in scaring companies into behaving themselves. Without this, how do you make a company behave? Until we have another way that makes companies behave, you should not limit lawsuits. The government only does it when it suits their interests or becomes a public scandal.

      I would like to point out that, I believe, almost all of the patent litigation is company versus company. Microsoft patents everything blankly as to prevent lawsuits. The three real problems with the patent law system:
      1) Companies have enough funding where they can attack and defend almost indefintely.
      2) It is almost impossible for an individual to successfully attack or defend against a company due to financial constraints.
      3) Patents are entirely too broad, complex, and not verifiable.

    19. Re:The Law Tax by siriuskase · · Score: 1

      Maybe they should limit them to 40 days like they do here in Georgia. It's a part time job, and we still have plenty of laws.

      --
      If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
    20. Re:The Law Tax by Titusdot+Groan · · Score: 1

      Again, the reaction to the lawsuits is not a improvement in the quality of life (or coffee) it's the appearance of "Caution: Hot" labels and their ilk. Our life is so cluttered with the legal trappings like the "Air Bags can Kill" stickers on my visor that the real dangers and real liabilities are lost in the storm.

    21. Re:The Law Tax by miskatonic+alumnus · · Score: 1

      Sorry, wrong again. Look here, and here for instance. In order to PRESERVE, not MASK the flavor, coffee should be served between 175 and 185 degrees Fahrenheit. McDonalds served theirs at 180 degrees, smack dab in the middle of the recommended range. I don't know about you, but I like a GOOD cup of coffee. But that implies a HOT cup of coffee.

      The lawsuit was frivolous. People handle dangerous compounds all the time --- gasoline, drain cleaners, etc. People need to learn to BE CAREFUL.

    22. Re:The Law Tax by maxpublic · · Score: 1

      THe problem then is that justice is decided by who has the best reflexes, not who is right.

      It would be decided by who's the better shot, not who has the faster reflexes. Most people can't hit a stationary target beyond thirty feet with a handgun (and that includes those of you who play Counterstrike). Under less-than-perfect conditions (e.g., the target is firing back or moving) accuracy decreases markedly, even among the trained.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    23. Re:The Law Tax by Idarubicin · · Score: 1
      Try to get some useful health information from a doctor like diet and exercise, and not something that comes from a prescription. My usual contact with a doctor is stop smoking and take these pills.

      Well--yeah. The best medical advice a doctor can give to a person without acute illness, with the most dramatic benefit for prognosis, is to stop smoking.

      The best diet advice to a reasonably healthy individual is along the lines of, "Eat a balanced diet, don't overdo it on any one thing. Have enough fruits and vegetables. Not too much fat. Stay away from any diet you've seen on television, and don't take any diet pills." If you have special dietary needs, then your physician may refer you to a specialist (dietitian/nutritionist, allergist, etc.)

      Regarding exercise: "Get some. Not too much--if you find you're in much pain because of it, then you should probably ease off. It's like the food--everything in moderation. Try walking or biking to work, if it's not too far; otherwise, go for a brisk walk in the evening a few times a week."

      There you go: Quit smoking. Eat your veggies. Have modest desserts. Get off your ass at least a few times per week. That's all the medical advice you really need regarding lifestyle, unless you have a specific medical condition. You already knew that stuff, didn't you? Your doctor doesn't need to tell it to you again if you haven't yet been listening.

      Usually the pills are something that I ask for because I already know what is wrong with me, however, I just cant get my prescriptions filled without talking and paying one of these bozos.

      Well, yeah. The reason you need a prescription is because regulators (usually with good reason) feel that it isn't in the public's interested to self-medicate with a given drug. Either there are public health issues (if you can self-prescribe antibiotics, we breed more resistant bacteria); or there is an appreciable incidence of side effects, perhaps associated with chronic use; or the therapeutic range (drug dose that high enough to be useful but low enough not to be toxic) is narrow, and may need to be adjusted if the patient experiences a change in weight, diet, metabolism, or other condition.

      In some cases, common symptoms may mask a serious illness, so it's a good idea to have a once-over from a physician before renewing the prescription. (Just in case this time the heartburn and sluggishness are due to a heart attack and not indigestion.)

      --
      ~Idarubicin
    24. Re:The Law Tax by deblau · · Score: 1
      [flame]
      It's not the legal system that's to blame, it's the laws that are being passed. The system works fine, has for hundreds of years. We, as Americans, are too fucking lazy, we want everything done for us. The vast majority don't want any personal responsibility. So we are willing to give power to any schmuck who we think will do all the heavy lifting for us and who we can feel righteous blaming when things go badly.

      Blame Bush for the war on Iraq? The blame is ours for electing him. Blame Congress for the PATRIOT Act? The blame is ours for electing politicians who would endorse it.

      I'm pointing my finger at all of us for having piss-poor civic behavior, and for not living up to the standard set by our forefathers.
      [/flame]

      Two things about tort claims that result in millions of dollars. First, the big bucks in a case is assessed as a punishment, specifically to make an example. One of the whole points of having Law in the first place is to encourage responsible behavior. Second, the money usually comes from some megacorp with deep pockets. Since juries almost always sympathize with The Little Guy, blame the jury (i.e., your peers) for not taking long-term externalities into account when they give six Bajillion dollars to someone who probably doesn't deserve nearly that much.

      Lastly, to get back on topic, the broken patent and copyright laws are just a reflection of our greater problem: electing dopes, con men, and sycophants who make uninformed decisions. If we want change, let's elect those who will make that change. Let's elect people, like Richard Boucher, who understand and fight for the Good Guys. November 2nd is the one day we get every four years to do that. Let's really seize this opportunity.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    25. Re:The Law Tax by Anonymous Coward · · Score: 0

      Take your mamby-pamby gourment guides and stick 'em. No one else in the area came w/in 20 degrees of McDonald's coffee. Indutry practices are how you determine reasonable action, not what Boyds recommends. McDonals' coffee is shit and thus does not require the "care" your shitty gourmet blends do.

    26. Re:The Law Tax by miskatonic+alumnus · · Score: 1

      What are you going to do when you munch a piece of pizza fresh out of a 500 degree oven and burn your wittle mowth? Are you going to sue yourself? How about General Electric? God perhaps? People in this country need to start assuming some personal responsibility. Or would you rather the government wipe your ass when you are too old for your mommy to do it?

    27. Re:The Law Tax by Anonymous Coward · · Score: 0

      No, because I do take repsonsibility for my actions. If I made the fucking pizza, I'd know how hot it was. If someone handed it to me, I would expect it to be reasonably hot. Not hot enough to blister my fucking skin, but hot enough to wait. She wasn't given that option because McDonald's said fuck the safety of our customers, we have to keep the coffee at 180 degrees. Sorry, 30 degrees below boiling is not fucking safe to put in your mouth, throat, innards. There is no reason it should have been that hot. Stop being such a fucktard and a corporate whore.

    28. Re:The Law Tax by Anonymous Coward · · Score: 0

      I've cooked pizzas in a conveyor oven at 500 degrees. And, I can tell you that when it is served, it is hot enough to "blister your fucking skin". So, if you have a fucking brain, you will not immediately put it in your fucking mouth. This women was fucking stupid, and spilled the fucking coffee, got a fucking burn, and hopefully learned her fucking lesson. Unfortunately, because of our stupid fucking judicial system, the fucking money McDonalds had to cough up will ultimately be paid by the fucking customers.

    29. Re:The Law Tax by Anonymous Coward · · Score: 0
      "McDonalds had to cough up will ultimately be paid by the fucking customers"

      won't be me payin'. I haven't gone there since I learnt they serve their coffee too hot.

    30. Re:The Law Tax by LaCosaNostradamus · · Score: 1

      THe problem then is that justice is decided by who has the best reflexes, not who is right.

      Duelling is a bit more complicated than that, but even if your point has primacy, it still doesn't stand when the current system lets money win, not being "right". Who has the fastest lawyer, Ace?

      Hell, the current system of so-called "justice" doesn't even let a couple of guys resolve their differences in an actual fistfight, since police will break it up.

      --
      [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
  9. Without the ad by Anonymous Coward · · Score: 5, Informative

    Does the Patent System Need an Overhaul?
    By SABRA CHARTRAND
    Published: September 27, 2004

    SINCE 1793, the federal government has issued patents to inventors, giving them exclusive ownership of an idea as well as the right to prevent others from using it. Now some experts argue that achieving those rights stifles innovation. Two professors conclude in a new book that a couple of unrelated and seemingly innocuous administrative reforms of the patent system have caused a shift away from encouraging innovation in favor of exploiting patents largely for lawsuits. Josh Lerner and Adam B. Jaffe have written a book with a title: "Innovation and Its Discontents: How Our Broken Patent System is Endangering Innovation and Progress, and What To Do About It," to be published in November by Princeton University Press.

    Mr. Lerner, a professor of investment banking at the Harvard Business School, and Mr. Jaffe, a professor of economics at Brandeis University, trace this breakdown to the early 1980's, when a single federal appeals court was established to hear patent lawsuits, replacing 12 regional courts of appeal. Then in the early 1990's, Congress changed the patent office's financing, so the agency could pay for itself with user fees. From his home outside Boston, Mr. Lerner last week described the patent system, 20 years after the reforms, as mired in "the land of unintended consequences."

    "Again and again in the patent system, we see people set out to do reforms with one thing in mind, but that have quite an unintended effect," he said. "The easier it became to get patents, the more people wanted to apply for them, and that led to a situation where examiners grappled with more patents to review, which led to them being pressed to do quicker reviews and a degradation in quality of patents issued." The patent agency has often struggled to keep up with the times. In recent years, the agency has confronted entirely new areas like biotechnology, software-related inventions, financial and business methods, Internet-based inventions and other information-technology innovations. Some of the changes designed to deal with these occurred amid extensive public debate. Others got little attention because they seemed like innocuous administrative reforms - like the ones that made patents easier to get, Mr. Lerner said.

    But many of those patents caused a secondary reaction, he added. "The ability to litigate and expect to get substantial award from litigation increased," Mr. Lerner said. "So as a result we've got somewhat of a vicious cycle. Once you get one firm in an industry beginning a strategy of aggressive patent enforcement, it creates an almost inevitable response - an almost arms-race dynamic - where everyone else in the industry says, 'We better be doing the same thing.' " He suggested that these changes for the worse occurred because "there's a relatively small group of people in the D.C. patent bar, and they have a very powerful influence on how patent policy gets decided. There is a powerful incentive for them to keep a patent system that is complicated, and one that involves protracted, costly litigation." Also, Mr. Lerner said, businesses often fail to understand the importance of subtle changes in patent law.

    "It is perhaps because of the complexity of patent issues, and because there is no long tradition of work by economists in this area, because a lot of corporations see it as second order relative to tax policy changes, for example, which directly affect their bottom line," he explained. "Patent policy has an indirect affect." The book lays out a strategy. "Our idea is that three things will potentially make a big difference," Mr. Lerner said. "First of all, this idea which may well have made sense in 19th century of a patent examiner being able to sit and in few hours figure out what a relevant technology is, and then go out and make a decision as to whether a patent should be granted or not, that really doesn't make sense in an era like today. "Second, to see the patent revie

    1. Re:Without the ad by mdfst13 · · Score: 1

      "Our argument is that there is no difference between the two, so no clear reason why both questions couldn't be decided by judges,"

      Actually, there is. The (constitutional) rule is that people have the right to a jury trial to determine questions of fact. A question of validity is a question of fact (interpretation of claims is an interpretation of law). Both sides would have to waive their right to a jury trial to allow a judge to rule on the facts of the case (as opposed to the legal aspects).

      My personal suggestion for patent system overhaul would be to eliminate the initial review and only review patents when they are applied (i.e. when someone is using their patents to restrict someone else or to acquire patents). At the time of use, there is someone involved who has both technical expertise and incentive to find the problems with the patent.

  10. Ah nothing quite like submitter putting bias into by antifoidulus · · Score: 5, Insightful

    the summary. I read the article(admittedly I haven't read the book), but the following statement seems to miss the point entirely: In short their book argues that the entire system is a (stunned silence) scam.. Um, no it doesn't. What the NYT article states is that the authors see a lot of the changes made to patent law and how the patent office is funded since the 80's has only rewarded trial lawyers.
    They don't say that patents should be done away with entirely. They recommend some serious reforms to the system such as a much stricter patent review process where 3rd parties are allowed to have input. They also say that most businesses are more worried about tax reform than they are about patent damage. These are good ideas, and a start to reform.
    Gah, I really, REALLY wish people would stop putting bias into their summaries, but this is /., I'm expecting too much I guess.

  11. Duration by Anonymous Coward · · Score: 4, Interesting

    There is nothing wrong with software patents, except that when the average product lifecycle is three years the patents are too long for software. I think everyone could be kept happy by limiting patents on software to some shorter term (say 5 years) ... The inventor gets a licensed monopoly for the life of the product - then it becomes public property. This seems to be the easiest way to address the patent imbalance without the costly process of changing the mechanism...

    1. Re:Duration by jocknerd · · Score: 2

      Programming was originally considered to be mathematical in nature, therefore couldn't be patented. But unfortunately, software patents are common now. There really shouldn't be patents on software. Copyrights, yes. Patents, no.

    2. Re:Duration by Qzukk · · Score: 1

      The coward has a point though. Do we really think we can just turn back the tide now, and put an end to software patents? As a compromise, a short-term patent that matches the lifecycle of software is a good place to start, and would possibly be backed by enough large corporations who could bribe its way through congress. The only people hurt by such a plan are the one trick ponies who come up with one thing, and who are desperate to hold onto it as long as they can.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:Duration by Halo1 · · Score: 1

      Shorter term software patents are just as impossible as no software patents in your view, because the TRIPs treaty requires that all patents are treated the same way. Changing that would also mean "turning back the tide", as it would result all owners of software patents to be stuck with patents which suddenly are no longer valid (instead of for 15 more years or so).

      FWIW, asking for software patents to be abolished in the US is at least as realistic in my eyes as proposing yet another reform which is supposed to automagically make the patent system more beneficial. Proponents of software patents keep saying that if only "good" software patents were granted, they would have a beneficial effect. But they've been saying that for the last 20 years or so, and the situation only gets worse.

      --
      Donate free food here
    4. Re:Duration by AnotherBlackHat · · Score: 5, Insightful

      There is nothing wrong with software patents,


      There is nothing right with software patents.

      Software patents do not promote science and the useful arts.

      Software patents have not caused an increase in the amount of software being written.

      Software patents have harmed some software developers by forcing them into costly litigation.

      Software patents have a chilling effect on developement. Knowing that a piece of software you are writting might be patented makes it less likely that you will work on it.

      What good thing has happend as a result of software patents?

      Software patents should not be allowed to start, and in countries where they've already started, they should be abolished.

      -- Should you question authority?
    5. Re:Duration by Anonymous Coward · · Score: 0

      I disagree - patents provide protection to the inventor. They prevent your idea being ripped off. There is no difference between software and hardware (you can design hardware using the VHDL programming language) - so you either accept patents or you dont.

    6. Re:Duration by Anonymous Coward · · Score: 0

      I think this is a nieve view. If TRIP says all patents should be treated in the same way - well lets do so - just say that the term of _any_ patent is dependent on the time taken to develop/implement the idea (this would require you to submit some evidence with the application)... then apply a fixed multiplyer. Why should an idea developed in an afternoon get the same protection as one that took 5 years of development and trials?

      As to your second point, you are saying nothing can be changed! Well thats just not true, plenty of laws beneficial to some (and not to others) have been repealed or superceded (for example the community-charge in the UK). I think there is a much stronger argument for reduction than abolition, so instantly you will get less opposition. How can anyone effectively argue against a patent term dependant on the effort put into developent of an idea - the only effective argument I can see would be to question the ability of the patent office to determine the novelty/difficaulty of the patent - that argument also criticises the current system too.

    7. Re:Duration by Anonymous Coward · · Score: 0

      because the TRIPs treaty requires that all patents are treated the same way.

      You say that like America doesn't ignore international treaties all the time. Perhaps the treaty should be amended as well. I'm sure any third world signatory who has had to sit and watch its citizens die waiting for medicine to become affordable would be more than happy to sign off any amendment weakening it.

    8. Re:Duration by Halo1 · · Score: 1
      If TRIP says all patents should be treated in the same way - well lets do so - just say that the term of _any_ patent is dependent on the time taken to develop/implement the idea (this would require you to submit some evidence with the application)... then apply a fixed multiplyer. Why should an idea developed in an afternoon get the same protection as one that took 5 years of development and trials?
      Because that is simply how the patent system works, it's in fact one of its basic principles that "the small inventor who had to invest almost nothing but had a brilliant idea one afternoon which lead to a great invention" in theory has the same chances as a "huge multinational which just invested 50 years in the development of a cure for cancer".

      If you want something different, you need a different regime. It does not make sense to first apply some system from the 15th century to all sorts of new stuff it was never designed for, and then to bolt on all kinds of extra rules because -surprise- it simply doesn't work as intended when used to monopolise that new stuff. You should instead look at new paradigms, if you think copyright is not sufficient for the protection investments of computer programs.

      As to your second point, you are saying nothing can be changed!
      As far as "improving the system so that it becomes beneficial when applied to software", that indeed seems to be the case. Do you have any proof (or even indications) to the contrary?
      Well thats just not true, plenty of laws beneficial to some (and not to others) have been repealed or superceded (for example the community-charge in the UK). I think there is a much stronger argument for reduction than abolition, so instantly you will get less opposition.
      That's what you think. Have you ever actually had a discussion with or have you seen a standpoint from lawyers on this? These people are completely opposed to any kind of change that might reduce the power of patents (and thus of the patent establish. Just read this response from the IPO to the FTC report (which suggest *very* mild changes, despite some quite strong conclusions regarding software patents.) Look at points 6 and 10. Isn't that just plain horrible?

      Anyway, since you appear to be from Europe, here we're in a better situation, since here at least software patents aren't legalised yet.

      How can anyone effectively argue against a patent term dependant on the effort put into developent of an idea - the only effective argument I can see would be to question the ability of the patent office to determine the novelty/difficaulty of the patent - that argument also criticises the current system too.
      Heh, and you called me naive :) Simply read this dialog between a programmer and a deputy director of the UK Patent Office.
      --
      Donate free food here
    9. Re:Duration by Halo1 · · Score: 1
      You say that like America doesn't ignore international treaties all the time.
      No, I say that like America is putting very high pressure on Europe (and Australia) to introduce software patents by using that part of the TRIPs treaty. It's an American "tool". Just read e.g. this page on the USPTO's website (emphasis mine):
      Promote harmonization in the framework of the World Intellectual Property Organization and its Standing Committee on the Law of Patents; resolve major issues in a broader context and pursue substantive harmonization goals that will strengthen the rights of American intellectual property holders by making it easier to obtain international protection for their invention and creations.
      Of course, the details of this master plan are confidential, though it's not that hard to find documents showing its results.
      Perhaps the treaty should be amended as well. I'm sure any third world signatory who has had to sit and watch its citizens die waiting for medicine to become affordable would be more than happy to sign off any amendment weakening it.
      You are assuming that the US would want to amend it. US companies own about 50% of all already granted (but as of yet largely unenforceable) software patents in Europe. The US is not going to shoot itself in the foot this way. FWIW, 25% more are owned by Japanese companies, and of the rest only about 15% or so is owned by European companies.
      --
      Donate free food here
    10. Re:Duration by Halo1 · · Score: 1
      Have you ever actually had a discussion with or have you seen a standpoint from lawyers on this? These people are completely opposed to any kind of change that might reduce the power of patents (and thus of the patent establish.
      Just a small note: there actually are IP lawyers who are opposed to the patent inflation stemming from allowing software patents. One reason is that it devaluates their work (if there are tons and tons of patents, a single patent becomes much less valuable), another is that they see that overregulation and over-litigation in the long run is not good for them either, etc. But the above does seem to be the general case, unfortunately.
      --
      Donate free food here
    11. Re:Duration by Halo1 · · Score: 1
      I disagree - patents provide protection to the inventor.
      One person's protection is another person's limitations. Software patents are only defensible if on the whole, they would have a positive effect. They don't.
      They prevent your idea being ripped off.
      No, patents are for inventions, not for ideas. However software patents are indeed often used to monopolise mere ideas. That's ripping off everyone else. Great protection of your investment in spending 10 man years to write a program, if after you bring it on the market one other person can single handedly forbid you from selling it because you used "one of his ideas".
      There is no difference between software and hardware (you can design hardware using the VHDL programming language) - so you either accept patents or you dont.
      Your argument perfectly shows that whether what you want to patent is described/implemented in hardware or software should indeed be completely and utterly irrelevant. However, just because something is a new hardware chip it shouldn't be per definition patentable subject matter either.

      You have to look at the actual achievement that the patent is monopolising. When considering software, that achievement is not the software (that part is protected by copyright), but often either plain mathematics or a business method. Similar with most semiconductors (except for the business method part I suppose).

      For some reason, when written down in plain English in a non-machine understandable form, these things are not patentable. But when you write them down in C or VHDL, they do become patentable. That does not make sense. Either you are in favor of mathematics and business method patents (regardless of how they are formulated), or you aren't.

      It's plain silly to only allow them on those things when they are described in a way that a computer can understand. The difference in investment between the two is already covered by copyright. Some things you simply cannot monopolise, because that's deemed to be bad for the economy. Tough luck, you'll have to try your chances at this new fangled thing they call "competition" based on arcane concepts such as "quality", "brand recognition", "human capital", "customer satisfaction" etc.

      And that's why software patents are perverted: they allow you to patent stuff which normally is not patentable, but which suddenly does become patentable if you say that you describe it in a machine-understandable form.

      --
      Donate free food here
    12. Re:Duration by Anonymous Coward · · Score: 0
      Although time limitation of five years would help at practical level, I disagree in principle. I really do not think either business methods or algorithms (and, as an extension, any program code, ie. software) should be patentable. Copyrights and trademarks are beneficial, within certain limits (more reasonable time limits for copyrights, strict interpretation of domain for trademarks); but software patents are just evil.

      Like another poster already put it, there is nothing right with software patents.

    13. Re:Duration by sadiklis · · Score: 1

      What good thing has happend as a result of software patents?

      Who would invest millions if not billions for years and decades into research of things like advanced audio/video compression, speech synthesis/recognition, artificial vision, handwriting recognition, etc without patent protection?

      As we are finishing with implementation of trivial ideas and focusing more and more on advanced research an argument for software patents will only get stronger.

  12. Gawsh Durn it! by lukewarmfusion · · Score: 3, Funny

    "...that's cause you don't get tenure for using words like 'scam'."

    And they told me it was because I didn't have the necessary education, experience, publications, or ability.

  13. Re:hypocrites, the lot of 'em by julesh · · Score: 2, Informative

    OK, there is a very important difference between copyright and patents, you know. Copyright only applies to direct copying. Patents apply even to independent reinvention of the same concept, which is a little dubious, morally speaking, if you ask me.

  14. Who can be trusted to get the reforms correct? by IEEEMonkey · · Score: 2, Interesting

    It is amazing that in the year 2004 there is no real IT department that is competent enough to head up the reforms of the patent office. Everyone who understands enough about software that is involved is looking out for the interests of someone or something other than consumers and people. A search for the keyword "patents" on /. returns so many hits, new stories abound, it is perfect illustration of how hot a topic it is, but who can we trust to have our best interests in mind when writing legislation? I, for one, do not trust the current administration to get it right, but who then?

    1. Re:Who can be trusted to get the reforms correct? by Null537 · · Score: 1

      I don't think there really is any administration who can do it under the current structure. If we want someone to have our best interest in mind then we need tech people, people who aren't just looking at numbers and understand what they mean. I don't think that the patent office has enough people to meet the needs of the people applying for patenets, in reality there are so many patents being applied for, that they are incredibly backed up.

      You sometimes have to wonder if a techiein the patent is going to the one to look at your patented "News site for nerds" complete with its own karma infused comment system.

    2. Re:Who can be trusted to get the reforms correct? by Anonymous Coward · · Score: 0

      Not sure I understand you comment; Are you saying that the IT folks in the PTO should lead reforms concerning software patents?

  15. About time! by Ost99 · · Score: 3, Informative

    But will it help?

    Even if the patent system is reformed, who's going to make sure a new system isn't dictated by the robber barons who own congress.

    I bet the a system would favor the current corporate patent holders with large patents portfolios, while reducing the power of smaller IP-only parasites (EOLA, bellboy etc.).

    - Ost

    --
    ---- Sig. gone.
    1. Re:About time! by Ost99 · · Score: 1

      Hmm missed the last line:

      But it will not help us at all (open software comunity)

      - Ost

      --
      ---- Sig. gone.
  16. Problem Lies Somewhere Else.... by zungu · · Score: 2, Insightful

    I do not understand how patents can be bad for some technical fields and good for others. They work just fine for machines and medicines then why not for software? In fact, medical research thrives on patent protection. We have no problem with patented golf club and toys, then what is the problem with software? Perhaps, the nature of software is unique and needs different kind of system. While OSS looks a fine idea today and the community momentum is great, there is no guarantee that it will last forever.

    1. Re:Problem Lies Somewhere Else.... by Anonymous Coward · · Score: 2, Interesting

      These are very different... A medicine is like finding a needle in a haystack. The drugs companies have to sift through millions (billions?) of candidate compounds, before finding any that are worthy of trial... Then they have to fund the trial. In other words the work to produce a patentable drug is very high.

      The problem is examplified when a group of software developers sit around a table and write a couple of patent applications in an afternoon - How can a 25 year monopoly be justified by 1 afternoons work?

      In the end patents must reflect the ammount of effort put into developing the idea - either the patent office must get up to date on technologies, and realistically determine the ammount of research/novelty in the idea, or the length of patent must be reduced from 25 years.

      If you consider a drug company may spend 5 years or more developing a drug - then your average "in an afternoon" software patent deserves about 1 weeks protection!

    2. Re:Problem Lies Somewhere Else.... by rdc_uk · · Score: 5, Insightful

      "In fact, medical research thrives on patent protection."

      And the third world DIES because of medicine patents.

      Nice call there.

    3. Re:Problem Lies Somewhere Else.... by Anonymous Coward · · Score: 1, Interesting

      It's because there's like 30,000,000 "inventors" in the space of writing code, at least.

      How many comparable inventors are there in biology, pharmaceuticals, custom machining, or whatever?

      Put another way: Should you be able to patent particular methods of housing arrangment, bus path to work, and place of work? "Way to make money, by living in Lake City and biking or bussing Lake City way to work on 120th street?" Of course not, that's absurd. Because people do this "business method inventing" all the time, every day. The space of inventors there is everybody.

      When the user interface to biology and pharmaceuticals are as accessible to everyone as computer software, then we will talk of stripping, or at least greatly reducing, those fields of patents as well.

    4. Re:Problem Lies Somewhere Else.... by Relic+of+the+Future · · Score: 1
      do not understand how patents can be bad for some technical fields and good for others. They work just fine for machines and medicines then why not for software?

      Because medicines and machines, once developed, are usefull for decades to come, vs. software that lasts maybe 3, 5 years. Because research into medicines likely wouldn't happen without the promise of a limited time monopoly, as it's highly expensive and speculative. Unlike software, where you can get people to work for free from home in their spare time on incremental improvements (see: Linux). (Okay, yeah, that comparisson probably isn't completely fair, but it makes the point.) Because with machines you have to patent something that's actually revolutionary, versus software where you can prefix the letter "e-" or the words "one-click-" to an idea and get a patent for it.

      Need I go on?

      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    5. Re:Problem Lies Somewhere Else.... by Anonymous Coward · · Score: 0

      People have been dying for a long time. Are you going to claim that it's everyone's right to live as long as scientifically possible? Who are you going to force to pay for it? Are you in the third world caring for AIDS patients? Why not?

    6. Re:Problem Lies Somewhere Else.... by Jtheletter · · Score: 2, Interesting
      I do not understand how patents can be bad for some technical fields and good for others. They work just fine for machines and medicines then why not for software?

      As I understand the problem it is this: with physical inventions, like say a bean sorter, the inventor must provide technical drawings and schematics etc showing how the machine works and is constructed. Now no one else may build precisely that machine. However, if I come up with an innovative new bean grabber/combine/conveyor mchanism that does the sorting in a different mechanical way then I may also patent that, and if my device works better than the other bean sorters out there I do well.

      With software patents what is patented is the general concept or function, but it is not tied to the actual execution. So if someone gets a software patent for "a routine to sort Bean Class Objects in LogN time using only one mouseclick" they don't need to inlcude an implementation in a specific language and have the idea intimately linked with that implementation. (Just as the physical bean sorting machine patent is forever linked to its design and schematics.) Now even if I create a new way of sorting Bean Class Objects in LogN time using one mouseclick, one that is written in a different language and uses some clever recursive trick to make my code smaller than the patented version, I still cannot get a patent on my software because the idea of this Bean Class sorter has already been patented. Thus my innovation is stifled and now everywhere I use a bean class sort that executes in logN time with one mouseclick, I have to pay a licensing fee to the original patent holder even though I didn't ever use any of their code.

      This is how I understand the general difference between softpats and more classical machine patents. Granted, this is very simplified and there are more issues at stake. Perhaps someone more in the know could elaborate or correct what I've said here if anything doesn't jive.

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    7. Re:Problem Lies Somewhere Else.... by 91degrees · · Score: 1

      And the third world DIES because of medicine patents.

      You're assuming the drugs would exist without the patents. Penicillin was not patented. Nobody was willing to research it because there was no profit in it. It wasn't until mass production of penicillin was patented that it was actually used.

    8. Re:Problem Lies Somewhere Else.... by XbainX · · Score: 1

      You can't compare machines and medicines (physical objects) to software (abstract object).

      Well, you _can_, but it makes for a poor argument.

    9. Re:Problem Lies Somewhere Else.... by rdc_uk · · Score: 1

      "do not understand how patents can be bad for some technical fields and good for others. They work just fine for machines and medicines then why not for software?"

      Medical patents are used to patent newly developed drugs.

      Mechanical patents are used to patent specific designs (an improved mousetrap; if you need a better example, feel free to supply your own)

      Software patents are being used to patent such items as "tabbing through links in a web page" and "making a purchase with only a single mouse click" and "a display of text incorporating highlighted segments which when activated link to a related text"

      To apply similar logic to medicine, you would allow patents on pills, injections and invasive surgery.

      The analogy for mechanics is to allow patents on the _concepts_ of "locks and keys", "electrically powered illumination" or "knives".

      Essentially; old-economy patents cover specific designs and NEW inventions. SW-patents are being used to patent BASIC (frequently OBVIOUS) and GENERAL ideas, not designs, and not inventions.

    10. Re:Problem Lies Somewhere Else.... by Shirotae · · Score: 3, Insightful

      I think you have missed the point that is actually contained in what you wrote. The problem is not that patenting machines is acceptable but software bad, but that patenting genuinely new ideas is acceptable but trivial modifications is not. I think the reform would be much more likely to succeed if we managed to change the slogan from "software patents are bad" to "trivial patents are bad". If the examination process had better ways to filter out the trivial and the obvious it would go a long way towards fixing the problems.

    11. Re:Problem Lies Somewhere Else.... by Dan+Ost · · Score: 1

      Because medicines and machines, once developed, are usefull for decades to come, vs. software that lasts maybe 3, 5 years.

      This, I believe, is the important difference.

      --

      *sigh* back to work...
    12. Re:Problem Lies Somewhere Else.... by IamTheRealMike · · Score: 1

      Who says patents are necessarily good for other technical fields? After the steam excavator was patented the technology stagnated for 50 years until the patent expired, at which point they were deployed through the mining industry and developed rapidly.

    13. Re:Problem Lies Somewhere Else.... by jratcliffe · · Score: 1

      And the third world DIES because of medicine patents.

      Very nice, very flip. You conveniently ignore, of course, the simple fact that, were it not for patents, nobody would get new medications, since nobody would invest the billions necessary to develop them.

    14. Re:Problem Lies Somewhere Else.... by edbarbar · · Score: 1

      And the third world DIES because of medicine patents.

      First of all, the WTO authorizes many poor states to purchase various life saving generic drugs even if the patent is still in effect.

      Secondly, If I were a drug company, and I felt that my life saving drugs were under pricing attack due to patent infringement, reimportation, etc., I might stop developing those drugs. Instead, I would focus on drugs that don't save lives, but that perform non-life saving functions, like cure your toenail fungus, or make you happy, or make your penis work. Then, because there isn't the same lifesaving value to them, I would market the hell out of them.

      --
      Ed Barbar, President and General Manager, Furnit USA
    15. Re:Problem Lies Somewhere Else.... by Anonymous Coward · · Score: 0

      Patents encourage the blockbuster mentality of Big Pharma instead of refinement and smaller, non-marketable drug production. Patent law leads to generics being held up in litigation which is such a large problem the Hatch-Waxman act was passed to make it profitable enough that generics would bother to litigate the issue. The huge profits, in turn, lead to the co-option of university and government research and a huge problem of falsified results. Certainly patent rights should, at the least, be tempered with higher levels of antitrust control.

    16. Re:Problem Lies Somewhere Else.... by Halo1 · · Score: 3, Informative
      Here is an overview of studies which explain what is so different about software. And FWIW, many scholars (and people from the field) also have doubts whether the patent system is still useful elsewhere.

      It has nothing to do with "technical fields", except in the TRIPs treaty (which is why the European Parliament simply stated that "data processing does not belong to a field of technology", although of course the means with which you perform data processing can).

      --
      Donate free food here
    17. Re:Problem Lies Somewhere Else.... by Anonymous Coward · · Score: 0

      No, those useless drugs would be the only ones you make anyways. The life saving drugs are less profitable, and almost exclusively developed with government funding. Private companies bring us shit like viagra and the hundreds of pills to treat non-existant "diseases" like "being sad".

    18. Re:Problem Lies Somewhere Else.... by Anonymous Coward · · Score: 0

      Does it now? Would the third world be better off had the medicines never been invented? I think what's killing them is disease, not medical patents. Patents ensure that the inventors of the drugs will be able to go on to create new ones. Without that, the third world would keep on dying, as would everyone else.

    19. Re:Problem Lies Somewhere Else.... by xelah · · Score: 1
      Who are you going to force to pay for it? Are you in the third world caring for AIDS patients?


      Strictly speaking, as far as some people are concerned, he's partially correct - and no subsidies are needed to reverse it. I suspect that only a minority of those with AIDS fall in to the category of those who would live but for the patent, though.

      Think about why patents (are supposed to) work. Patents provide a temporary monopoly allowing the patent holder to maintain a price considerably higher than the cost of production. This provides excess profits which they use to pay for the research.


      This means that some people, those are able/willing to pay more than the cost of production but less than the monopolistic price, do not receive the drugs. This is economically inefficient: everyone (including the drug company) would be better off if these people could buy at lower prices. It's difficult or impossible to eliminate this inefficiency without scrapping the patent and removing the incentive for research which it (allegedly) provides.


      This is the standard textbook argument surrounding patents and copyright - and the standard argument for why they should be limited. No doubt there are an enormous number of real-life subtleties to consider on top. Personally, in my not very informed opinion, I suspect it's probably quite well applicable to drug development.


      Unfortunately, I know of only one general way to avoid this problem: government funding of drug research with the requirement that anyone may use the results. In specific cases there might be other options. If the drug company can distinguish between poor and rich people (eg, on the basis of which country they live in) they can sell at different prices. I think this may actually be happening with AIDS drugs - but my memory of it is rather faint so I could be wrong. In any case the majority of third world patients will probably be unable to afford even just the cost of production for many drugs (something like 2.5 billion people make less than two dollars a day) - but at least it helps some.

    20. Re:Problem Lies Somewhere Else.... by Anonymous Coward · · Score: 0

      And the third world DIES because of medicine patents.

      This gets modded "insightful"!? I'm imagining a giant medicine patent crushing poor third-worlders. No, third-worlders die because of disease, malnutrition, violence, etc. Perhaps they could have been saved by the wonders of medicince that are covered by these patents, but this medicine would never had been developed in the first place HAD IT NOT BEEN PROFITABLE. The ignorance in your comment is just staggering. This kind of short-sighted reasoning is exactly why we shouldn't eliminate the Electoral College - people like you can't be trusted to look any further than your gut reaction when thinking about complex problems.

    21. Re:Problem Lies Somewhere Else.... by BgJonson79 · · Score: 1

      As one with a sibling that suffers from depression, "being sad" has all sorts of consequences that most people wouldn't begin to think about unless it impacted them personally. I also believe that you are doing a great disservice to those who suffer from depression and other mental illnesses by labeling them "non-existant 'diseases.'"

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

    22. Re:Problem Lies Somewhere Else.... by Anonymous Coward · · Score: 1, Insightful

      That's why the pharmaceutical business should be a government-run operation. Having it in the private sector generates the problems we see because it's a total conflict of interest (why give someone a $100 drug that will cure the problem they have when you can get $1000/yr out of them to treat the symptoms?)

    23. Re:Problem Lies Somewhere Else.... by StillAnonymous · · Score: 2, Insightful

      I sometimes begin to think that people are being programmed by large corporations. And I'm not talking about the obvious attempts at brainwashing through constant advertising. I'm talking about the sci-fi kind of stuff like in the movie "They Live". Put on that special pair of sunglasses and you'll see the true text behind all of the adverts you encounter:

      "Patents are good... Money is good... Money is the be-all, end-all of existence... If money does not change hands, then what you are doing is wrong... If you are not being paid, it is not worth doing... Your worth as a person is measured by your income..."

      I'm not surprised that most of the money-oriented behaviour comes from the United States either, because that's where the majority of these large corporations are based.

      Take a good look in the cosmic mirror before you call someone's opinion 'ignorant' or 'short-sighted', ok? Because it may in fact be YOU who is not seeing the big picture.

      By nature, this is not a complex problem. It only becomes complex because of the greedy attitudes mentioned above.

    24. Re:Problem Lies Somewhere Else.... by j0nb0y · · Score: 1

      Yeah, 'cause, you know, new medicines don't cost anything to develop.

      Company A develops and patents drug B to treat sickness C. You come along and decide that drug B should be cheap for all, and license Company D to create a generic version, thus saving many lives. Company A, having just lost tons of money on B's development, and not wanting to repeat the experience, ends development on drug E to treat sickness F, drug G to treat sickness H, and drug I to treat sickness J. As a result, many who could have been treated by drugs E, G, and I die.

      Money makes the world go round. It's all well and good to claim otherwise, but that doesn't make it true.

      --
      If you had super powers, would you use them for good, or for awesome?
    25. Re:Problem Lies Somewhere Else.... by 91degrees · · Score: 1

      why give someone a $100 drug that will cure the problem they have when you can get $1000/yr out of them to treat the symptoms?

      Because then another drugs company can get $100 to cure the disease.

      At least, that's the theory.

    26. Re:Problem Lies Somewhere Else.... by torokun · · Score: 1

      20 years from now, when all current patents have expired, the third world will still be dying.

  17. Re:hypocrites, the lot of 'em by Mr+Guy · · Score: 1

    Probably, but that's copyright and has nothing to do with what they are talking about.

  18. Point of No Return by starseeker · · Score: 4, Insightful

    There exists a point where economic interests, given a political system which can be bribed, become so powerful that they effectively have total control of the system. As far as the downward spiral of individual liberty at the expense of corporate profit, this is the Point of No Return. Yes, on the books they don't have the power, but practical realities and what the books say are often very different things.

    Realistically, the power of the people to speak louder than money is only felt if a) said people are interested in exercising that power at the expense of personal convenience and b) they are willing to think for themselves. This seldom happens, and only when things get Really Bad. I'm not talking about IP laws, I'm talking about not being able to get the basics of life. Abstract economics doesn't get people excited, because its not important enough. Tomorrow's meal or the kid's latest cold is what's important for most people.

    As long as powerful economic interests are able to keep most of the people relatively comfortable, they will never have to deal with popular uprising about MP3 downloading or stupid patents. People ignore these things unless it impacts them personally, and it seldom does enough to hurt.

    Beyond the Point of No Return, corporate power is able to use the statistics of democracy to run the country. Barring the crumbling of their power due to total economic collapse, they control the media and can use it to influence and placate people as they see fit.

    So brace yourself geeks, because we don't have a Voice. We are without economic or political power, and we are so small a minority in the democratic whole we can be ignored no matter how loud we yell. Because most people don't care about what we care about. In a two party system, massive numbers and middle of the road are the order. We are neither.

    Which doesn't mean we should just go gentle into that good night, but bear in mind the patent system being profitable to the people abusing it is more politically important than the little (relatively quiet) guy being squashed. If we fight, we need to fight smart and not charge at the problem head on. Because we might as well be a flea going head to head with a rhino.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    1. Re:Point of No Return by AaronLawrence · · Score: 1

      I was thinking along these lines and thinking that maybe these days, with information about group pyschology easily available, and an increased level of basic quality of life, "they" can run us all as they please with a pretty clear notion of how to avoid a revolution or anything messy like that. In the past, rulers generally got carried away by greed and pushed too hard. Perhaps now it's pretty clear how to avoid getting carried away. Just a thought.

      --
      For every expert, there is an equal and opposite expert. - Arthur C. Clarke
    2. Re:Point of No Return by SpaceLifeForm · · Score: 1

      Brace yourself? We are *past* the Point of No Return already.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    3. Re:Point of No Return by kmo · · Score: 2, Funny
      So brace yourself geeks, because we don't have a Voice. We are without economic or political power, and we are so small a minority in the democratic whole we can be ignored no matter how loud we yell

      You forget we program the voting machines.

    4. Re:Point of No Return by Anonymous Coward · · Score: 0
      but even programmers have a price.

      And if American programmers are too honest to do it for less than a mil, the job can be outsourced for a reasonable fee.

    5. Re:Point of No Return by Anonymous Coward · · Score: 0

      That's a pretty good explanation of why the smart people of the World are doomed.

  19. What will happen by gr8_phk · · Score: 4, Insightful

    1) These high profile people will convince congress that the system needs change.
    2) Business interests will direct the changes.
    3) The system will be worse than today.

  20. Interesting? Yes, but not surprising. by tigress · · Score: 3, Insightful

    Profesors of Investment Banking have opinions just like the rest of us. One of the fircest opponents to soft patents that I know is a lawyer specializing in Intellectual Property. Interesting? Yes, but not surprising.

    The thing is, having an strong opinion and announcing it loudly causes publicity. Both for the opinion itself, and fhr the one announcing it. Publicity for the one announcing it makes their other opinions noticed too, as well as their ideas, services and books.

    I'm not saying that they've got the opinion because it's a means to get the public's attention, but it certainly doesn't hurt their exposure.

    That much said, I applaud their stance. The patent system is totally broken and needs to be either thrown out completely or severely reworked.

  21. I don't think there'd be a huge problem by Anonymous Coward · · Score: 1, Insightful

    If it were such that patents could only cover a specific implementation of a concept and not simply the concept itself that there would be a lot less impetus to change the system. As it stands now, anyone with a couple bucks can come up with some broad, sweeping general concept and get a patent on it and then pwn anyone who comes along with an implementation of that idea.

    It happened with the BT hyperlink problem. It is happening again with the Amazon 1-click patent. Even the almighty Microsoft is not immune to this kind of thing as Eolas and their lawyers showed us with their "plug-in" patent.

    If a company wants to apply for and get a boatload of patents covering specific implementations of a concept, more power to them. But screw them if they think that something as broad as "Interaction with user through visual experience" is going to fly.

  22. Concepts of Property by dougoxley · · Score: 3, Interesting
    Any patent reform proposals will be fought with basic, easily understandable, concepts of ownership and property. Something like, "I wrote it, I should benefit from it's creation."

    Before your panties get in a twist, I'm just playing devil's advocate. I think ownership needs to be redefined in both the copyright and patent space. I just see patent reform as an uphill battle because of the simple to understand arguments against it.

    1. Re:Concepts of Property by Anonymous Coward · · Score: 0

      Before your panties get in a twist, I'm just playing devil's advocate. I think ownership needs to be redefined in both the copyright and patent space. I just see patent reform as an uphill battle because of the simple to understand arguments against it.

      Yet, these arguments are flawed. You just got to see clearly. In the context of law, you don't "own" IP, it is just a convention that serves a purpose - to create more innovation. When the process turns out to do the opposite, you have to change it. IP isn't one thing either, it's alot of different beasts: copyright, trademarks and patents at the least.

      But I give you credit that simple minds are easily swayed by the "I own it" argument. But it's just wrong. There's no natural right to prevent others from doing a thing, just because you did it first. That's the logic of an egoistic three-year old. Most people will understand when you put it out that way, except the patent-holder (been there, done that).

    2. Re:Concepts of Property by MonkeyGone2Heaven · · Score: 1


      Any patent reform proposals will be fought with basic, easily understandable, concepts of ownership and property. Something like, "I wrote it, I should benefit from it's creation."

      MOD PARENT OFF-TOPIC

      There is absolutely NOTHING in the article remotely suggesting that patents should be abolished or that creators shouldn't benifit from their creations. The authors simply point out that technological advances and patent policy changes during the last 25 years have 'broken' the U.S. patent process. They go on to provide some commonsense proposals to fix the system. RTFA.

  23. Free the information in our lifetimes: by Upaut · · Score: 3, Insightful

    The current patent system allows the holder of the patent to have a monopoly on the supply of its holdings for a period of roughly 24 years, with the ability to renew. After that the patent expires, and the information covered by the patent becomes, more or less, open source. Unfortunatly, a company can hold a monopoly on a very vauge idea, stifiling development in a field, and for roughly fifty years. This is just unacceptable.
    Should the system of patents be obliterated? No. Without a patent system, industry has no point to develop a product. Now true with our system of consumerism there is brand name importance, and a loyalty to those that produce a superior product; many executives feel that innovation without a garantee of being the only suplier of a nich market is unacceptable.

    What could be a simple solution?> Limit the length of a patent to seven years, with eligibility to renew for another seven if a product is developed.
    Why seven years? For most products, it takes seven years for the idea of the product, or a compound for medical research, to be aproved to reach the market. With this system a company cannot hold a patent of a vauge idea for decades, hoping for someone to develop a patent in the field of the patent, and deman royalties. It would also prevent a company hindering the development of a field that would render their product obsolete.
    This would give the drug companies an incentive to keep developing new products, quickly, and for other companies to patent products that they have already developed. This would also stop companies like Amazon and Microsoft from patent-whoring. Its pretty win-win, and allows more technology to eventually reach an open community, where others can innovate on the ideas, improve the product, and compete with their "better" products.

    And they say Leninism is dead.../i?

    --
    3 degrees of separation from Vladimir Putin
    1. Re:Free the information in our lifetimes: by Anonymous Coward · · Score: 0
      For most products, it takes seven years for the idea of the product, or a compound for medical research, to be aproved to reach the market

      You're a fucking idiot. Do some research before you spout idiotic statements like that. The mean time to market for successful drugs is 15 years. You only get 20 years of protection, which means on average you get 5 years of exclusivity. Idiot. If you make it 7 every last pharma company will move to europe. bang, there goes the economy and the health care system.

    2. Re:Free the information in our lifetimes: by Anonymous Coward · · Score: 0

      The mean time to market for successful drugs is 15 years
      Right... Millennium Pharmaceuticals: 5 years to get through basic toxicity, two through human, marketing all the way through. Simple. That is as it is with most drugs that make it, unless there isn't a product, or a brainless bureaucrat in the company wants to try to get the drug to do things that it cannot do.
      That and seven could be easily replaced with ten, or fifteen, and there is still a visible improvement to the current system. Mod Grandparent up.

    3. Re:Free the information in our lifetimes: by Cecil · · Score: 0

      No. Without a patent system, industry has no point to develop a product.

      Surely you don't actually *believe* that. There were companies long before there was a patent system, and there will continue to be companies for a long, long time afterwards. Patents were intended as an incentive to help foster innovation. It is not the foundation of the whole economy, and it never will be, despite what the companies would prefer you believe.

    4. Re:Free the information in our lifetimes: by Teancum · · Score: 1

      I would say that patents should be eliminated for just about everything except mechanical devices (what the patent system seems to work best for anyway). Even then, there are needed areas of patent reform, including IMHO the requirement that in order for a patent to be issued, that an actual prodcut or proof of the technology must be completed showing the concept in actual use with a further requirement that the concept of the patent actually causes legitimate "progress for the useful arts and sciences". In otherwords, something truly innovative and advancing science and knowledge in general, not merely something that hasn't been patented before.

      From my viewpoint I'm still undecided if pharmaceutical patents ought to be allowed, and for what term. Trying to get a new drug through the FDA approval process is incredibly difficult, and using current rules it is possible for some drugs to have the patent expire before the clinical trials are over, which defeats the purpose of the patent in the first place. And that is with a 24 year patent lifetime, not seven year. The solution of the pharmaceutical companies is to extent the lifetime of the patent. I think the clock should begin to tick after the drug has FDA approval. That could also be made law very easily for that particular class of patents which are rather unique in nature anyway.

      How drug patent philosophies relate to patenting DNA is yet another whole can of worms and gets deep into just how you "discover" a chemical formula. Still, if you somehow identify a very useful chemical which has otherwise not been noticed before (even if it is encoded in your DNA) you should be recognized for that fact somehow and given financial incentives to try and find more chemicals that have actual uses. Simplying throwing the entirety of the Human Genome Project into a patent is absolutely silly or any other such frivilous attempt to patent every chemical combination that you can think of even if you have no idea what it does. That is the point of the reform I mentioned that you have to produce the chemical (like the same substance produced by a given DNA strand in a typical cell), document what it does, how it interacts with other chemicals, and typical uses for that chemical.

      In regards for Software patents, I see absolutely no need for them, and what patents have been granted are far from innovative anyway. Copyright is more than sufficient for most purposes in regards to protecting software ideas, and even that needs some reform. Software engineers do not need the patent system to earn money and in most cases actually prevent them from earning money on projects they have worked very hard and independently to create.

    5. Re:Free the information in our lifetimes: by Anonymous Coward · · Score: 0

      Correction to parents inflamatory rhetoric:

      IBM is the patent whore.

      Microsoft is the patent target.

      But then, attacking IBM, the penguin's "friend", is not cool on /. and inflammatory bullshit gets you mod points. Historical revisionism is ok if you're supporting the "cause" whatever the fuck that is.

    6. Re:Free the information in our lifetimes: by mOdQuArK! · · Score: 2, Insightful
      Without a patent system, industry has no point to develop a product.

      Yes they do. It's called making money. They will create ideas to help their business, or their competitors will eat them alive. The only difference is, instead of trying to make money based on a government-enforced monopoly of ideas, they'll have to make money by providing actual goods or services to their customers.

    7. Re:Free the information in our lifetimes: by Relic+of+the+Future · · Score: 1

      But the point of patents (and copyright) was to protect the individual from the industry. If you invent a clever device, but can't afford the start-up costs to manufacturer it, you could show it to a company that has the infrastructure, but without patent protection they could just take it as their own. And yet somehow, it all got turned around. Now patents are used by industry to squash individuals and other industry.

      --
      Those who fail to understand communication protocols, are doomed to repeat them over port 80.
    8. Re:Free the information in our lifetimes: by mOdQuArK! · · Score: 1
      But the point of patents (and copyright) was to protect the individual from the industry.

      Well, it looks like it didn't work. Time to clean up the mess & try something else.

      Frankly, though, it doesn't really benefit society to allow any inventor, large or small, to keep an idea locked up for 17+ years while they try and figure out how to make a buck off it, especially if they're suppressing the half-a-dozen of other implementations that other individuals/companies came up with independently.

      If you want to have a steady stream of inventions to help society, then use tax money to do research & development in both basic & applied science, creating public-domain information that any individual/company can use to help with their own businesses. This will have a much bigger beneficial effect for society than arbitrarily restricting the flow of ideas within it.

  24. One Missing Ingredient by 4of12 · · Score: 4, Insightful

    I didn't see any recommendation for shorter terms for exclusive monopoly rights that I think would help cure this problem on many fronts.

    The 17 year term might have been justifiable in the 18th century when trading ships took many weeks to cross the Atlantic, but now, overall progress would be improved if the terms were reduced to something more like 2 years.

    And, while we're at IP reform, copyrights should be cut down to a shorter period as well. This 75 year mouse extension is ridiculous, especially when Disney mines fairy tales in the public domain (Snow White, Cinderella, etc.) for their cartoon movie ideas.

    But, once the artificial market is created, the vested interests (owners of IP, litigators of IP) don't want to see it go away.

    So just reduce terms of exclusivity gradually, a year at a time, until things become sane again.

    --
    "Provided by the management for your protection."
    1. Re:One Missing Ingredient by Peyna · · Score: 4, Interesting

      overall progress would be improved if the terms were reduced to something more like 2 years.

      2 year patents for pharmaceuticals would make it useless to develop new medicines, due to the extensive testing required by the FDA prior to marketing. This is why most drugs are only on the market a few years before the patent expires, allowing generics to be developed.

      The proper amount of time is very dependent upon the nature of the patent an the industry it is involved with.

      --
      What?
    2. Re:One Missing Ingredient by Anonymous Coward · · Score: 0

      those could be given a longer period of time

      i say 5 years for inventions.

      10-15 AFTER FDA approval

    3. Re:One Missing Ingredient by Halo1 · · Score: 1
      The proper amount of time is very dependent upon the nature of the patent an the industry it is involved with.
      I would even say that whether or not patents themselves are proper depends on the industry you are involved with.
      --
      Donate free food here
    4. Re:One Missing Ingredient by quantaman · · Score: 1

      2 year patents for pharmaceuticals would make it useless to develop new medicines, due to the extensive testing required by the FDA prior to marketing. This is why most drugs are only on the market a few years before the patent expires, allowing generics to be developed.

      The proper amount of time is very dependent upon the nature of the patent an the industry it is involved with.


      What about time to market + 2 years up to a maximum pf 10 (maybe 15 if pharmaceuticals really take that long).

      --
      I stole this Sig
    5. Re:One Missing Ingredient by Anonymous Coward · · Score: 0
      So get rid of the extreme testing required by the FDA. There was a 30-year study that found that for every person whose life was saved by the FDA, between 65 and 360 people died prematurely because new lifesaving drugs were still waiting for FDA approval.

      Personally, I think we would do better with 3rd-party review, something like an Underwriters Lab for drugs. Should be better than the current system, where the studies are run by the pharma corps...you may have seen the news about the companies cherry-picking studies to publish...but even if we just reform the FDA to something like Europe's shorter approval periods, we'd be doing better than now.

    6. Re:One Missing Ingredient by k98sven · · Score: 1

      What about time to market + 2 years up to a maximum pf 10 (maybe 15 if pharmaceuticals really take that long).

      You have to consider that pharmaceuticals (and anything) are patented at the conceptual stage. For a pharmaceutical, that means further development, and then development of a synthesis method and manufacturing procedure, and then loads of tests and finally leading up to clinical tests and FDA approval.

      Typically, a drug has about 5 years on the market now to recoup it's costs before the patent runs out. So what you're suggesting is actually more generous than the system today.

    7. Re:One Missing Ingredient by k98sven · · Score: 1

      There was a 30-year study that found that for every person whose life was saved by the FDA, between 65 and 360 people died prematurely because new lifesaving drugs were still waiting for FDA approval.

      Well that's just complete nonsense.

      Do you know how many drugs make it through FDA testing? (And that's out of thousands and thousands of candidates which the drug companies weed out themselves?)

      About 17% of all drugs which apply to do human studies eventually make it to market. (and again, that's a very small fraction of the candidates)

      That means that 83% of drug candidates are eliminated by FDA testing. Eighty-three procent that either don't work, or give dangerous side-effects or are downright toxic.

      And you talk about cherry-picking studies?!

      Obviously you don't know the level of supervision the FDA has either. Every Single Thing is monitored by them. And not just during approval. They do random inspections of production plants around the world. Any place which makes drugs targeted at the US market.

      Following the European system? The European system is a joke. (And I live in Europe and I have a good knowledge of the systems here.) Ask anyone in the pharma industry. They approve everything the FDA approves. That's it. All the pharma companies are completely commited to FDA regulations. The rest of the world is equal or more lax.

      Besides that, the approval time has been going down for years.

    8. Re:One Missing Ingredient by TiggsPanther · · Score: 1
      The 17 year term might have been justifiable in the 18th century when trading ships took many weeks to cross the Atlantic, but now, overall progress would be improved if the terms were reduced to something more like 2 years.

      It's a nice idea, but suffers from the same shortsightedness as the current limit does - albeit from the opposite direction.
      You can't put one blanket length for exlusivity for every type of industry and invention.

      OK, 17 years may still be a little excessive. But there are some industries where a 10-year period would be justified. Another reply to your post mentions medecine - and the various time periods involved due to FDA testing. But then for some industries, like software, a two-year exclusivity period would be a lot more appropriate. Time enough to try and establish your solution as being the best before letting other people jump in.

      Maybe for some circumstances a variable length would be appropriate. Basically as another reply suggests a short period that begins once a product comes to market. So it would allow a company to maintain exclusivity on their software method whilst developing their application, but as soon as it hits the shelves then the (much shorter) clock starts ticking.

      --
      Tiggs
      "120 chars should be enough for everyone..."
    9. Re:One Missing Ingredient by mdfst13 · · Score: 1

      "Typically, a drug has about 5 years on the market now to recoup it's costs before the patent runs out. So what you're suggesting is actually more generous than the system today."

      The line you quoted said 2 years on the market (with 8 or 13 years of premarket activity allowed). This would be less generous than 5 years (with 12 years of premarket activity).

      Pharmaceuticals are almost unique among products. They are trivially difficult to reverse engineer compared to the cost to develop a new one (including FDA trials, etc.). It's also worth noting that many fail without ever reaching the market or are brought to market for something different than their original purposes (Viagra's primary purpose was originally an observed side effect).

    10. Re:One Missing Ingredient by k98sven · · Score: 1

      or are brought to market for something different than their original purposes

      It's worth pointing out, though, that each use of a drug is a separate patent. It's not the compound itself that gets patented.

  25. Want patent reform? Here's how.... by FerretFrottage · · Score: 0, Offtopic

    Direct all interested parties to the /. IT section and tell them that that color scheme was patented. It will show them without a doubt how wrong and dangerous patents can be with the current system.

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
  26. Re:Ah nothing quite like submitter putting bias in by verbatim_verbose · · Score: 0

    Not to mention the fact that for some reason, the poster thinks it's outstanding that a professor of investment banking at Harvard knows something about patents. What point are you trying to make exactly by implying that this is shocking?

  27. Uh no. by Anonymous Coward · · Score: 3, Insightful

    Investment bankers typically help perform valuations on private companies wishing to go public. They underwrite the company and sell shares back to the owners of the company. Then with the remaining shares, the company is taken public on one of the many stock exchanges.

    What you are talking about are fund managers and loan officers. They are the ones who work at the bank and invest the bank's money. Investment bankers, for the most part, work at brokerage houses and do work far removed from what their title would suggest.

  28. Nit by Xner · · Score: 3, Informative
    "Asterix" is the guy with the big friend with the little dog who likes to drink magic potion and beat up Romans.

    "Asterisk" is a little star used for notes.

    --
    Pathman, Free (as in GPL) 3D Pac Man
    1. Re:Nit by Titusdot+Groan · · Score: 1
      Dang -- I'm a Asterix fan so you'll have to forgive me :-)

      Speaking of which -- I just heard there is a new video game Asterix & Obelix: Kick Buttix that makes me want to buy a playstation.

  29. Another side of the patent mess... by museumpeace · · Score: 2, Informative
    This is, uh, make that WAS, a submission that, as I write this reply, was still marked as "pending"...I can see that I don't write as well as other folks but I do find a good balance of links:
    A hard look at our patent system
    NY Times briefly reviews a new book [NYTimes is not for the electronically homeless: you must be able to make up a username and an email address to get access] by two lawyers on just how F...ed up our patent system is. There are several trends underlined that some /. folk have already been hurt by. An interesting general theme is how various past attempts at reform have backfired in one way or another. For example lowering the bar for obtaining a patent has largely had the effect of moving the real debates about what is novel and who really invented it off to the courts. If GPL is more your idea of how to handle intellectual property, you might want to read the article at Worldchanging.org calling for patent reform and pointing to an alternative to the WIPO stand on international IP laws. You should probably be aware of all these sides of the issue if you think of yourself as a person who gets ideas that have commercial value.

    my sig always has the last word:
    --
    SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
  30. Clarity in the specifications would be a start by Shirotae · · Score: 3, Interesting

    One way to make a significant improvement to the system would be to reverse the way vagueness is handled. At the moment it seems that ideas described in vague and general language are considered to be covered by the patent, and the idea is considered new enough if it is not a blatant direct copy of something that has already been described (which is usually interpreted to mean patented).

    If the assumptions were reversed, the vague and general patents that are close to things that have already been done should be eliminated. It seems to me that those are the ones doing the most harm, so this would be a big step in the right direction. If there was a penalty (no protection) for any part of the idea hidden in obscure language, it would make the whole process much easier to use, and harder to abuse. Clear and simple descriptions would be much easier to relate to existing ideas, so you would need real novelty in the idea rather than a novel way to create a convoluted description of the idea.

  31. Eh? Hmmmm. Zzzzz. by Anonymous Coward · · Score: 0

    The sales pitch apparently refers to RAMBUS without saying their name. Cute. What does allegedly "secretly manipulating an industry-wide cooperative standard-setting body" have to do with the patent system? Zippy. Must be that it's a "modest 15 year old invention?" Okay, that's not too sublimated. What is this about? Let's tap that sweet little thang?

    1. Re:Eh? Hmmmm. Zzzzz. by julesh · · Score: 1

      What does allegedly "secretly manipulating an industry-wide cooperative standard-setting body" have to do with the patent system?

      I haven't read the book, but they're probably arguing for a system where failing to disclose a patent when proposing somebody else uses an invention it covers renders it invalid. This case (if my memory of the details is correct) is a good example of where such a law would help.

    2. Re:Eh? Hmmmm. Zzzzz. by lachlan76 · · Score: 1

      From the sound of what you said, I'm assuming you're talking about Rambus and their RDRAM back in the Williamette days.

      That is an interestnig idea, and it could work, but perhaps simply making all lawsuits invalid in that single case would be better than voiding the patent.

    3. Re:Eh? Hmmmm. Zzzzz. by Anonymous Coward · · Score: 0

      Pretty much like I said, it has zippy to do with patents and everything to do with the inter-corporate contracts made within a standards-making organization.

  32. Innovation by $RANDOMLUSER · · Score: 1
    I think part of the problem here is the way Bill Gates has appropriated the word innovation.

    By his using it as a mantra, most average people have come to believe that Microsoft actually does innovate. They're unaware that almost everything is prior art, or that the patenting of software is a relatively new phenomenon; nor the inherent dangers in allowing 17 year exclusive protection in a field which relies on incremental, evolutionary changes, rather than "big bang" discoveries like the drug companies.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    1. Re:Innovation by cpt+kangarooski · · Score: 1

      20 years from filing, now, not 17 years from issuance. The term length changed back in the 90's.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  33. Re:hypocrites, the lot of 'em by psyon1 · · Score: 1

    Maybe, but if someone else wrote a book on the same subject without copying it, they wouldn't have a case.

  34. OSS developers should start patenting by ShatteredDream · · Score: 1, Insightful

    Major open source groups should patent everything they can get their hands on and then when Microsoft goes postal, lock down all of those patents. Basically it should be a simple game of "if we can't do what we want, then no American company will be allowed to make software products without our permission."

  35. Please, though, consider this by Featureless · · Score: 4, Insightful

    This is not a one way trip. We are not "doomed" or "fucked." We overcame monarchy. We overcame slavery. We have dismantled patriarchal sexual customs that have 40,000 years of tenure. The progress of our civilization is highly dynamic and we are sitting on a 100 year winning streak.

    This did not happen just by sleepy proletarian mobs being occasionally jolted awake by famines and wars. Our progress is the result of small groups of dedicated, intelligent individuals who overcame their own cynicism and defeatism and got their hands dirty. These are not people richer or more powerful or luckier than you that you imagine really take care of everything. This is you. Right here, right now, posting on this stupid website.

    Frankly the biggest enemy you have to face after ignorance is helplessness. You are not helpless. Reading recent history is often the best cure for that feeling, and I urge you to read it.

    Unhealthy intellectual property policy affects our entire society, through its economy and its quality of intellectual and artistic life. Our patent regime is especially pernicious; software patents in particular are obviously, prima facie unjustifiable.

    Oh, we have hot button poltics, and bread and circuses like always. But never forget that money is what really moves politics in this country. And software patents are very, very bad for business, at all levels.

    Everyone wants to make money, to push growth. The problem is the prisoner's dillemma; software patents are bad if everyone has them, but they're theoretically good for me (if I'm one giant company). All that has to happen is lining the natural opponents up and letting them work. It will take time; the community needs to develop the conventional wisdom that with software patents everybody loses.

    Just be smart, and be willing to work. Once tension builds, it often takes a dramatic event to tip the balance. Say, a bunch of tiny upstarts suing Microsoft for billions over patents and any of them winning?

    1. Re:Please, though, consider this by alexo · · Score: 1

      > This is not a one way trip. We are not "doomed" or "fucked." We overcame monarchy. We overcame slavery.

      Monarchy often meant starvation.
      Slavery usually meant being worked to death.
      Both outcomes provide a powerful incentive to "overcome" the system (which is what the GrandParent post tried to say).

      Also, do not forget that both triumphs required bloody, violent, armed revolutions.

    2. Re:Please, though, consider this by Featureless · · Score: 1

      Repeating, with emphasis added: This did not happen just by sleepy proletarian mobs being occasionally jolted awake by famines and wars.

      Most monarchs and slave masters looked after their own best interests, and while their clients bore the brunt of their fickleness and failure, these kinds of societies endured for so long because they could provide organization and stability.

      If you like, just consider this in terms of the basic reciprocity. Blood will be spilled for blood. Money will be spent to fight money being lost. Grass-roots social pressures will be applied to resolve cultural problems.

      As long as the most basic mechanisms of democracy work (theoretically, someone can be put on the ballot and win, even if they aren't sanctioned by the political elite), then rigging the policy market just makes it more vulnerable to radical realignment over time. Sooner or later, just as with a trust overcharging its customers for some monopolized commodity, some upstart will pop up and undercut them, because the incentive is just too great. Sure, upstarts have to survive propaganda, assassins, and collusion, but eventually the pressure builds to the point that it's very difficult to hold the crowd back. That's why effort is often best spent just maintaining the basic features of a democracy: elections, journalism, and education.

      America has a great foundation to build on. It's current problems stem from failures on all three fronts, but on the other hand, what we have to fix is obvious, and so much easier to achieve.

    3. Re:Please, though, consider this by alexo · · Score: 1

      > As long as the most basic mechanisms of democracy work [...]

      In a two-party system with an apathetical electorate?

      (Wikipedia is a great resource. Please donate, I just did.)

    4. Re:Please, though, consider this by Anonymous Coward · · Score: 0

      Very well put, sir. Pay no mind to the pessimists out there. They are soured by years of complacency and groupthink.

    5. Re:Please, though, consider this by Halo1 · · Score: 2, Informative
      There is nothing you cannot overcome. People also laughed at FFII when it first went to war against software patents in Europe:
      • Software patents were introduced by the people ruling the European Patent Office, which are in practice totally independent.
      • Proponents of software patents had the responsible people of the Commission in their pocket.
      • Pretty much all key positions in the European Parliament as far as the directive was concerned were given to pro-software patent people.
      • In the Council, the working party which had to write the Council text consists of exactly the same people that lead the European Patent Office, and on top of that they are also the advisors of the ministers on how they should vote.
      Really.

      Now, what happened? We found some people in the European Parliament which did care. We managed to create small resistance groups in all large political groups. We spread tons of paper with information. We protested in front of the Parliament. And again. And again. And we organised conferences, at which even people from the Commission and the European Patent Office spoke. We managed to get a quite good text from the European Parliament.

      In the Council, it currently looks bad (they reached an informal agreement on a very bad text in May), but now they've had to delay the formal adoption on that text because national campaigns are now also getting up to speed and some governments are having second thoughts (the main problem is not convincing them, but taking away their fear of doing something which is politically not done).

      Today, FFII is a respected force. People don't laugh at us anymore (not as much anyway :). They've tried to make us seem like extremists by spreading fake statements we supposedly made, they've tried to paint us as software pirates and Stallman hippies with no idea of economy or the real world. It did not work. If you can explain your cause and have factual information to back it up, some people are bound to listen to you. You build credibility, and in the end the desperate attacks from the other side only make you stronger.

      You don't start by convincing "the Democrats" or "the Republicans". You have to start with one person, and then you grow. Yes, it's a huge amount of work (I can tell you that it's no fun to spend the whole night awake in the European Parliament writing a voting list for the next day, hoping you won't be thrown out by a guard). It's also very difficult, and you need at least one sort of leader figure, someone who knows all details inside out.

      And you'll have setbacks, people lying to you etc. But it is not impossible. Not at all. I can understand you do not feel like doing it, especially on your own, but do not believe it cannot be done. It's just very unlikely to succeed as long as you can't get a small (yes, small) hard working core group together to start it and get somewhere. A bit like with an open source project, I suppose :)

      --
      Donate free food here
    6. Re:Please, though, consider this by megalomang · · Score: 1

      That is a fantastically optimistic and well-written post. Are you a professional speaker/writer?

      I wonder about it though. Some of the most marked and progressive changes in history came about by one of two things:
      1) conquest, such as British presence within India, Hong Kong, Australia, etc. Those countries are far better off (by the American/British definition of being better off) than they were before, resulting in more egalitarian republics.
      2) western expansion. The best example of this is USA (again, by American/British standards). The expansion allowed founders to start over, completely rethinking governments of old. Western thinking has had a profound impact on the rest of the world (although as Central/South America demonstrate, the opportunity to start over is also an opportunity for even worse corruption and oligarchy)

      So my conclusion is that the current international stability and the lack of unexplored territory provide no major opportunity for significant governmental or social advances.

      I regret I will likely not live long enough to see a privately-funded 'space station' leave earth with a large and diverse populous who wants to see drastic change. In the same way the British/Spanish/etc. explorers founded the US of A.

    7. Re:Please, though, consider this by Featureless · · Score: 1

      Thank you, no. I hope you will take this in the good spirit it's indended: I think your concern about a shortage of catalysts for positive change is basically unfounded. We can debate about, for instance, whether the lack of an American Revolution would have delayed the French Revolution but honestly, it is difficult to historically support an argument that either violence or geography or conquest is necessary for even radical social change. Which is not to say that it's not good to have a supply of new places for the persecuted and downtrodden to abscond to and experiment with new societies - only that we are not screwed just because we ran out of hemispheres or empire building has (theoretically) gone out of style. It's a big world; you'll never even think of all the little things that can spark irretrievable change. How does revolutionary new information technology play into things, for instance?

      The real lesson of history is that there is no stopping marked, progressive, radical changes, no matter how damn hard you try or how damn ferocious you think you are.

      The past is littered with the desecrated ruins of monuments to people 100 times more ruthless and frightening than the worst neoconservative imagines herself in her wildest dreams.

  36. Oh yeah, but don't look at the prior art... by Anonymous Coward · · Score: 0

    Wear the same blinders the corporate lawyers put on their drones. Don't research patents up to the point where innovation becomes second nature to you. "It's much safer that way because you probably have no talent and hopefully your command of English is atrocious and selective" is the logic.

  37. Please clarify: Stallman on patents by scrm · · Score: 4, Interesting

    Last night I attended a talk by Richard Stallman entitled The Danger of Software Patents in Luxembourg. He made a convincing case as to how the patent system when applied to software ideas was poorly executed (a legal mess, scope defined too widely, etc.) He concluded that the patents system on software ideas stifled innovation and hurt Joe Developer while making "the Mega-corporations" (his word) richer. (I won't list his arguments because I'm sure you're all familar with them.)

    I accept that the patents system as it stands is far from optimal, or even fair. But could someone please clarify this for me: how could it be an alternative to abolish patents on software ideas altogether when this would remove the financial incentive for someone to protect their software invention? We'd all like to live in a world where financial gain meant less than it does, but is it really a realistic option? What IS the alternative without making the patent system even more cryptic and complex? What am I missing here?

    --
    ---- scrm
    1. Re:Please clarify: Stallman on patents by cpt+kangarooski · · Score: 2, Informative

      Well, the purpose of a patent system is not to provide rewards, but rather to promote the interests of society generally. People want new inventions to be created. They also want to be able to freely use those inventions.

      If a minor, temporary reduction in the free use of inventions resulted in a much more significant increase in the number of inventions created, there is a net gain for society. That it happens to involve giving protection for inventors is purely secondary; it's the means by which we accomplish the goal of a net societal gain.

      But OTOH, if there were great incentives already, and the loss of freedom that a patent represents were significant, then having a patent system might in fact result in a net loss to society.

      (Naturally, the degree of gain or loss depends on the details of the system involved, and the surrounding circumstances)

      With software, our past history indicates that there is an immense amount of inventive activity going on without patents as an incentive. And furthermore that people routinely use one another's inventions freely, and this only serves to increase the pace of inventiveness as well as how cheaply and rapidly those inventions can be in the hands of the public, where they are best used.

      So would a patent system for software -- which would have to spur on yet more invention, yet would restrict how freely people could use one another's inventions -- make life better for the public as a whole?

      There's a good argument that it would not.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Please clarify: Stallman on patents by DeepHurtn! · · Score: 1
      I think the idea is that copyright already protects software adequately. Copyright laws already prevent someone from directly copying your implementation --which is what patents do for physical devices! The *idea* itself shouldn't be protected.

      Think about a physical device; let's say a car. You can design a car and patent your specific implementations of the engine, steering column, etc (assuming it meets the other criteria of patentability -- originality, non-obviousness, etc), but you can't patent the *idea* of a vehicle that moves on four wheels. Do you see how the *specific implementation* of a software idea is already protected by copyright? Patenting software is like patenting "a vehicle that moves on four wheels" -- it doesn't encourage people to innovate new vehicles, it simply prevents them from attempting a new and innovative implementation.

      Of course, IANAL, and I'm really just talking out of my ass, but that is my understanding.

    3. Re:Please clarify: Stallman on patents by pommiekiwifruit · · Score: 1
      how could it be an alternative to abolish patents on software ideas altogether when this would remove the financial incentive for someone to protect their software invention?

      You may have missed a few key points. Europe doesn't have software patents yet. So they cannot be abolished, they can only be established or prevented from being established. I can assure you that there are several software developers in Europe.

      The USA does have software patents. Many many jobs have been lost in the IT industry in the USA in the last year or so (mostly not related to patents, but it doesn't show those companies in a good light). The large US companies want Europe to also have software patents, so that we can lose our jobs also, by being randomly sued. An alternative to patents for software is the current system, also known as copyright, trademarks, trade secrets.

  38. Mabye a troll or flamebait, but the obvious it is by TyrranzzX · · Score: 1

    Commoner: Aye! Look, the Patent' system es Brooken! Patent's arre given uut like candy to chil'ren, and onleh those wit' moneh' can enferrce their pa'ent's or defend themselves from large mul'ehnationals.

    Media, government, stupider people: Bah, that's hogwash! What do you know about economics? (translation: We don't want to think, we just want to fallow someone who does the thinking for us and refute you so you can't challenge him.)

    Now, lets see what happens when a professor says something about it.

    [insert important sounding title here]: Well, the patent system is broken, you see, patents are filed and given out like candy to children with no checking against older patents, and those with money are able to hire lawyers to enforce bad patents against companies, and vice versa.

    Media, government, stupider people: Whoa, he's so totally right.

    The only amazing thing here, is the level of utter stupidity on the behalf of lawmakers, people, Harvard, and the government judges in general. Like they couldn't have sat down for 10 minutes, looked at the law, and thought "hrm, now, what's wrong with this?", and then once seeing the problem, looked at, oh, I don't know, some large companies getting taken on by smaller guys for rediculous patents and winning? I'm not saying I'm smarter, I am wondering how someone couldn't figure out the relitivally obvious, however.

  39. bankers are not inherently evil, you asshole by tekunokurato · · Score: 1

    What the fuck is with the investment banker digs? While many bankers are assholes, it's true (and it's true of any profession), bankers keep the economy liquid and make sure that everything is priced as fairly as possible. That means that if a company has the best technology or provides the best return for its investors, it will fetch the highest price. Pure meritocracy.

    1. Re:bankers are not inherently evil, you asshole by nomadic · · Score: 1

      Jealousy. Investment bankers make so much more than programmers that it's funny.

  40. And investment bankers are far from real people by museumpeace · · Score: 1

    Solid comment coward! I'd like to add that there is another way in which wealth seems to grant the wealthy a special logic that disconnects them from the world of work: the way 99% of us "create wealth" is by going to work every morning. Russell Roberts a frequent contributor to the library of Econonmics and Liberty whose interview with Lawence Lessig has been reported in /. also had this to say about sending that work abroad. I don't give a s__t about some fat capitalist's theory of wealth creation, even while dreaming of being rich myself, if it means I am out of a job. In the disconnect that you describe, I am seeing a connection: The same minds [Roberts] concern themselves over a corporation's rights to a person's ideas as concern themselves over obtaining cheap labor regardless of social costs which are not born by the corportation.

    --
    SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
  41. Changed I'd make... by Anita+Coney · · Score: 1

    First, no business patents. Can you imagine if such patents were around in the 1800s?! Someone would have patented horse and buggy repair shops, grocery stores, pharmacies, etc. These examples seem ludicrous, but they would all be perfectly legal now.

    Second, no software patents. There will be a time when no new company will be able to innovate as any new idea could somehow be construed to impact on a patent. Old companies won't innovate because that's not what old companies do. Technological innovation will come to a stand still.

    Third, the granting of a patent should be a very rare instance.

    Fourth, even if a patent is granted, it should always be the patent holder's burden at any subsequent trial or hearing to prove the patent's validity.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  42. heh, in other words... by Run4yourlives · · Score: 1
    bankers keep the economy liquid and make sure that everything is priced as fairly as possible.

    they keep the rich rich, and the poor, poor.

    1. Re:heh, in other words... by tekunokurato · · Score: 1

      I'm sorry, how is that, then? Care to explain the logic underlying that conclusion?

  43. Patent inventions - not ideas by unix+guy · · Score: 1

    We could keep the number of ambiguous patents at bay by requiring a WORKING VERSION of the PRODUCT before a patent is granted. That way if you have a GOOD IDEA and can IMPLEMENT it you get protection to be rewarded for the fruits of your labor.

    This would eradicate the conceptual patents that are causing most of our pain. "A method to increment the value of a positive or negative value in a given number space" patents would be thrown out, thus keeping 'n++' free to use by all.

    --
    "Straddling the sword of technology..."
  44. Re:Great news... by visualight · · Score: 1

    Um, is there a "spam" moderation category? The parent obviously didn't even read the headline, much less the summary, much less the article. Please penalize people who use slashdot like this.

    --
    Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
  45. NO! you need all the stupid lawyers only if.. by museumpeace · · Score: 2

    you have a lot of stupid clients and stupid laws.
    The point the book was making is that patents now wind up in courts [where 12 people who don't know how to get out of jury duty or a judge who doesn't like trying drug dealers get to decide the novelty of some technology claim they are very unlikely to understand] instead of being adjudicated by the PTO [which hires experts and has tons of relevant personal and organizational experience in such matters] and WHY? because the solution 20 years ago to the percieved backlog at the PTO was to speed it all up by granting claims without adequate review. Putting more money into the PTO would not have been kosher Reaganomics. I'm surprised they didn't also save taxpayer's money by cutting power to all the stoplights.

    --
    SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
  46. Three-point Plan for Patent Reform by kc_cyrus · · Score: 4, Insightful
    1. Give USPTO the funding it needs to do its job.

    Not only does USPTO not receive any tax money, since 1992 much of the money collected in fees by USPTO has not been available to it. From fiscal 1992 through fiscal 2001, more than $675 million has been diverted. Because of the economic damage cause by invalid patents, this is no way to save money. USPTO's ability to conduct meaningful examinations is already compromised. Last year, USPTO Director Q. Todd Dickinson warned of an imminent "reduction in patent quality" resulting from yet another inadequate budget.
    Inadequate USPTO budgets benefit only one group of people -- those who get invalid patents. Everyone else suffers. Fund USPTO so that it can afford to attract and retain highly skilled examiners, as well as maintain a world-class library of international patents, journals, catalogs, and other information. A patent office without full funding is the economic equivalent of a fully loaded B-52 bomber with no maps, no compass, and an untrained navigator.

    2. Stop and reverse patentability creep

    Would the economy be better off if Bruce Springsteen were allowed to patent rhyming "back" and "Cadillac" -- and sue any other songwriter who did so, even if the new song was nothing like "Pink Cadillac?" Would the economy be better off if the Green Bay Packers were allowed to patent the best defense against a particular play, and sue any team that used that defense against them?
    Would the economy be better off if a high-priced defense lawyer were able to patent the use of a legal argument, and sue any other defense lawyer who used it on behalf of his client?
    Clearly, the answer to all three questions is no. We're all better off when we can hear new songs, watch good football games, and get a fair trial without getting several patent licenses a day. Unfortunately, several court decisions in the 1980s and 1990s have resulted in the patentabilty of mathematical algorithms and of business methods, which is for programmers just as ludicrous as the above three examples.
    Software and business methods patents are examples of "patentabilty creep" in action. Federal judges, legislating from the bench, are expanding the scope of patentable content to not only overwhelm USPTO, but also to do grievous economic harm.

    3. Fix USPTO's incentive system to reward quality, not quantity

    The Department of Commerce should populate USPTO's advisory committee with members from outside the patent bar, with a view to helping USPTO work toward the economic health of the nation as a whole and not for any special interest group. Employee incentive programs within USPTO should be tied to patent quality, not quantity.

    1. Re:Three-point Plan for Patent Reform by bhima · · Score: 1
      I would also add a requirement to defend patents or risk loosing it to the public domain.

      Or a similar effort to prevent submarine patents.

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
  47. WARNING!!!: This book will likely suck by gvibes · · Score: 1

    This book completely ignores the most obvious reforms, instead concentrating on tired historical arguments, impossible-to-implement schemes, and irrelevant proposals.

    First, the patent office runs at a huge profit. However, the rest of the government takes that profit. If the PTO were to be made completely self-sufficient, it would be able to add a large number of new examiners.

    Second, remove the presumption of validity. Validity is effectively re-argued in most patent suits anyways, and the evidentiary presumption seems too strong in light of the inadequacy of certain prior art databases (like for business methods and software).

    The article is a little thin, but I will try to address the authors' three suggestions.

    I have no idea what his first suggestion actually is. The article expresses a problem, not a solution.

    Second suggestion - "There has to be way to figure out how to devote more resources..." I'd be interested to see how he proposed to implement this one. The authors sound like they are proposing some incentives for third parties to take part in the examination process. However, third parties already can take part (in reexam procedures).

    Third, both judges and juries are almost certainly going to be clueless about the technology. I think it's irrelevant who actually decides the case.

  48. bullshit. by Run4yourlives · · Score: 2, Informative

    most medications are developed with government funding or in universities; even in the US.

  49. Trouble with complex systems by Qrlx · · Score: 1

    A friend of mine who does system analyst stuff in the health care field told me:

    Complex systems eventually end up worsening the very problem they were created to solve.

    This is pretty obvious in (American) health care, where it's more about extracting as much money as possible, throwing some pills and forms at the problem, and generally taking a more costly reactive approach, rather than being focused on life-long patient wellness.

    We've got too much money here in the USA, with all these middlemen wanting to get their cut, it's an incredibly unwieldy system. The thing is, even with the squeeze on the middle class over the past 20+ years, we're still quite rich. You won't see us rioting in the streets any time soon.

    My belief is that the Patent system and Healthcare will play out the same: Both will chug along, rewarding the monied interests who have a stake in the status quo, until it collapses under it's own weight. In Health Care I think that will be brought on by a major epidemic, like 25% of the nation getting the flu and 2% dying from it. I'm not sure what's going to cause the patent system to buckle. Honestly, with patents still at 17 years (or 20 years?) this issue seems much more contained than what we see over in Copyright. Maybe it will break this way: After all high-tech manufacturing ceases in America, and we have to import all our electronics from Asia, and then the Asians just start ignoring US patent law, and we cant' hold up all the goods in customs because people here need the stuff.

    Systems this big, tied to corporations whose lifeblood depends on maintaining a false economy, aren't responsive to market pressures. About the only thing that could change anything would be the legislature, but that's unlikely to happen. Partly because the legislature is in the pocket of the big corporations, but also because huge inefficiencies "create jobs" and anything that creates jobs must be good for society.

    1. Re:Trouble with complex systems by wheeda · · Score: 2

      Here is a simple system: Some states have property tax. IP is property, therefore it should be taxed. When I say IP I'm refering to both patents and copyright, but I suspect this concept will be most easy to implement with patents first. Now I generally don't like taxes, I don't want another government branch, and I distrust the government. This is why IP owners should be able specify what thier IP is worth. They are then taxed some flat rate, 1%, 10%, I don't know. If someone else needs to use that IP, they have the option of paying the owner the stated cost. The IP then becomes public domain. This solution also solves the orphaned IP problem. Any IP that doesn't have a stated value after some period of time would automatically revert to public domain. I thought about this a year or so ago. I've been trying to spread the idea around.

    2. Re:Trouble with complex systems by Qrlx · · Score: 1

      That's a neat idea but it could be abused. Corporations could afford much more in tax than individuals. Or they could more easily write off the tax as a business expense.

      If there was a waiver, where you didn't have to pay the tax unless you held, say, over 100 patents, that might work.

      Also, 99.9% of what's patented never makes it into a product; never makes any money. So you'd be paying a tax for your patent, even if you never made any money off your patent.

      Maybe the thing to do would be to assess a levy on revenue generated from products (or services) that employ patented technology.

    3. Re:Trouble with complex systems by Daen+Kolarin · · Score: 1

      I think that is the whole point of the previous poster's suggestion (that you would have to pay tax on a patent even if it didn't make you money). The supposed point to patents is so that the patentee can have the oppertunity for the short term monopoly so they can make money to justify the R&D effort. Under his scheme, if you patent something wihtout a business model to make money off of it, then you are not even fulfilling what the patent was meant for. It would sure put a criimp in the plans of the patent and litgate companies which sit on thousands of patents in the hope that someone will breach it in the future. At a software development company where I've previously worked, after each phase of design and implementation, a team of patent lawyers went over the algorithms and processes to find any and all aspects that can be patented. Those numerous patents ended up sitting around in hopes that some other company would wander over them and hence the company could try to litigate them out of the market space. The r&d would have gone on anyways, the company was just using the patent system to try and build itself it's own little permenant monopoly over sector of the market.

  50. Dream on by alexo · · Score: 1


    > People like this are exactly who need to get involved for things to take a positive turn.
    > Technical folks can bitch and moan all we want, but until the non-techincal start to understand,
    > no, care about, the implications, things just plain won't change.


    Patents mean two things:
    (a) Organizations with extensive patent portfolios and spare litigation money can lock out competition, and
    (b) More money for lawyers.

    Well, nowadays "big business" can pretty much dictate what laws get passed and the lawyers become judges that interpret these laws.

    Therefore, things will never change.

    "Intellectual property" is neither about "rewarding the inventor/creator" nor about "enriching the public domain" anymore. It is about "Them that have, get" and has been for quite some time.

    1. Re:Dream on by Almost-Retired · · Score: 2, Interesting

      "Intellectual property" is neither about "rewarding the inventor/creator" nor about "enriching the public domain" anymore. It is about "Them that have, get" and has been for quite some time.

      IMO the only thing that will have a positive effect on either the patent situation or the copyright debacle we currently have is

      1) to go back to the original time limits such protection is afforded the owner, and

      2) the actual inventor/composer cannot sell/lease more than a 49% interest in the patent/copyright in aggregate.

      Sure, it would still pay IBM to finance the application for, and granting of a patent, but they should be legally enjoined from owning the fruits of a talented engineer/designers output by more than a 49% interest in said patent.

      IBM would still be able to leverage a quite useable profit margin out of that 49%, or they can decide to pass on it, in which case the talented individual should be free to apply on his own. Either way, the engineer/designer/artist would truely enjoy the fruits of his/her labors for the now limited duration of that patent. And he/she would maintain legal control over the 2nd party usage of that patent.

      And that folks, would

      3) drive the rate of innovation plumb thru the skylights all over. Talented people would no longer have to hide their homework from corporate raiders for fear of losing all rights in an idea, or quit their job and be at the mercy of the VC folks for their next meal and mortgage payment if they think they have an idea. That right there, is a very powerfull incentive not to innovate the really breakthrough ideas into working prototypes on company time as long as company time is being interpreted by the courts to equal breathing time, not stopping when the individual goes home. This line needs to be much more firmly defined than it currently is.

      I have long lobbied for a copyright that belongs to the author, one that cannot be sold, but can legally be leased to someone or a company with sufficient resources to publish the work, but only for the duration of that lease which cannot exceed the duration of the copyright itself obviously, and certainly no guarantees of exclusivity would be legally binding except for an initial "ramp it up and get it into the pipeline" timelags that are endemic to mass production. That way the author is free to peddle it more than once if the first lease buyer doesn't do what the author thinks is an adequate job of promoting and selling the work in a reasonable time frame, adjustable according to the timeliness of the material. It would be a free market, with the proceeds going back to the author in whatever bookkeeping method was negotiated when he leased the work to a publisher.

      In both cases then, it would be the artisan, be it words/music or hardware, would be assured of being compensated, sometimes hugely, for his work.

      And that, IMO, is what it will take to fix the currently badly broken situation.

      Cheers, Gene

    2. Re:Dream on by maxpublic · · Score: 1

      Therefore, things will never change.

      Perhaps not, without violence.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    3. Re:Dream on by alexo · · Score: 1

      Some out of context quotes:
      "IMO the only thing that will have a positive effect on either the patent situation or the copyright debacle we currently have is [...]"
      "I have long lobbied for [...]"
      "And that, IMO, is what it will take to fix the currently badly broken situation."


      No offence Gene but to rephrase my original post,
      The people who have vested interest in the opposite of your stated result have more live congressmen in their pockets than the number of dead presidents in yours.

      Ergo, no (positive) IP reform in the forseeable future.

    4. Re:Dream on by Almost-Retired · · Score: 1

      No offense taken.

      Which is why I'd like to see the 3rd party candidates do well enough this time around to put the fear of god in TPTB.

      There are some things I'm the eternal optimist about, but I'd really really like to be right for once.

      This thing with the voting machines, particularly the Diebold versions, has me convinced that if the voters do not take back the country IN THIS ELECTION, it will assuredly be sold to the highest bidder. It, to me, is no longer a case of voting for the lessor evil as we've done that last few times, but with your heart for the good of the country.

      Like the bumper sticker says "clean house (senate too)" I rather liked that perrenial(sp) favorite.

      But I have to admit, unless we have a true revolution at the ballot box this November, you will, without a doubt, be found to be correct at the end of the day. Thats the ultimate definition of sadness for the passing of what was, 225 years ago, a promising way to govern people, for the overall good of the people, by a consensus of the people. But we haven't had that, or anything like it, since the end of Abe's days with the exception of a faint glimmer of it in the Truman era that got the 2 term limitation for presidents implanted. Harry was good, but he was also owned by his own political machine at the end of the day.

      Poeple today, of any age I've talked to, are all pissed. But too many have an attitude of "what can I do", particularly when you can be grabbed anytime of the day or night, be told you are an enemy of the state, and be held incommunicado for the rest of your days under the so-called Patriot Act.

      You would be amazed at the number of people today who are in favor of a tall tree and a short rope justice system, particularly for those to whom we've trusted with our vote that put them into that office, and the powers of that office are now being used to abuse. To me, to deny the oath of office and to cause that office to act in their own selfish interests is the ultimate form of treason. Ask around among the people you call friends and take notes & tally it up at the end of a month, any month. I suspect the results will astonish you. I dare you even.

      Cheers, Gene

    5. Re:Dream on by alexo · · Score: 1


      > Which is why I'd like to see the 3rd party candidates do well enough this time around to put the fear of god in TPTB.

      How many people have you persuaded to vote 3rd party?
      How many people have you persuaded to persuade others to vote 3rd party?

      A single vote may not matter but an organized effort might.

  51. Re:hypocrites, the lot of 'em by cpt+kangarooski · · Score: 1

    Copyright applies to:
    * Reproduction
    * Distribution and importation
    * Creation of derivatives
    * Some public performance and display
    And more.

    You mean to say that copyright only protects an expression of an idea, whereas patents protect an invention however executed.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  52. The same question I always ask by Anonymous Coward · · Score: 0
    when these sentiments are expressed: Where would lawyers be without clients? People sue because they feel they have been wronged and want it righted. Which society would you prefer to live in: one where you have an option, whether you choose to exercise it or not, to be compensated for someone hurting/maiming/killing your self/wife/children, or one where you are told "Thems the breaks. Sorry little jimmy is an idiot and went swimming when he shouldn't have. Bummer. Have a nice day."

    As for medical malpractice, here's a better reform: Get doctors to screw up less. No screw ups = no malpractice. What a fucking concept.

    I'm not saying things don't need to be reworked, but blaming lawyers is like blaming a band-aid for hurting because it is sticking to the scrape on your arm. Lawyers are an attempt to solve the problems a complex life deals to us. They are not perfect, and they are not the end all answer, but you wouldn't have pain if you didn't scrape your arm. And when you do scrape you're arm, you'll want a band-aid. And if you don't want a band-aid, because you're a tough guy, then don't deny others the right to their band-aids.

    1. Re:The same question I always ask by 0123456 · · Score: 2

      "People sue because they feel they have been wronged and want it righted."

      No, they sue because it costs them nothing and they might get a ton of cash out of some defendant with big pockets. Rights has nothing to do with it.

      Introduce a 'loser pays' system and people can sue as much as they want... but they won't do so unless they have a real case and aren't just relying on the jury being retards.

    2. Re:The same question I always ask by nomadic · · Score: 1

      First of all, your implication that all lawsuits are frivolous is just stupid.

      Suing someone costs money. A lot of money. Sometimes lawyers will work on contingency, but judges throw weak cases out all the time, and if you're a lawyer and you're willing to listen to every nutjob who thinks he has a case you're going to be broke real soon.

    3. Re:The same question I always ask by Sylver+Dragon · · Score: 2

      Introduce a 'loser pays' system and people can sue as much as they want... but they won't do so unless they have a real case and aren't just relying on the jury being retards.

      The problem with a "loser pays" systems, is that it will have a chilling effect on some of the smaller cases, which are probably right but are facing a big enough opponent, that they may still lose due to "the jury being retards". For example, if you had a good case against Microsoft, perhaps they infringed on a valid patent you held, would you take them to court? Granted, you are in the right, but with the lawyers they have, and the war chest they can bring to the party, they will probably litigate you into the dirt, and then you have to pay them back for the priviledge.

      As for a better option, I don't really have one. I've been kicking around the idea, in my head, of what would happen if we were to socialize the legal system? Basically, each side is given a lawyer by the state (picked at random from a pool of lawyers qualified in the area), and a certain amount of money alloted for each side of the case. You may have all of the outside legal advisors you want, but when you walk into the court room, the only lawyer you have to represent you is the one appointed for you.
      Of course, the cost of such a system would be enormous. You might have to impliment a "loser pays" system on top of this, the problems of which would hopefully be mitigated by the playing field being closer to even. Or, you would need some sort of system to filter cases, such that the plantiff would have to submit, in writing, an overview of their case, and it would be reviewed by a team of lawyers and field specialist to figure out if it stands a chance.
      In all, its still just a rough idea that I have been toying with during my commute in the morning, and has about the same chance of implimentation as me beging crowned dictator of the world. Hey, I can dream.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    4. Re:The same question I always ask by PCM2 · · Score: 1
      Where would lawyers be without clients? People sue because they feel they have been wronged and want it righted.
      Yes, and because society gives them the option to seek redress in this particular way. Say a cup of McDonald's coffee burned me and I wanted McDonald's to pay for my medical bills. All of a sudden, the court hands me a huge punitive judgment. (Full details elsewhere this story.) It's how it's done! If I want to go to court over something, my lawyer isn't going to sit and listen and agree to get me the ten thousand dollars I think I'm owed. He's going to pull out a stack of books and figure out all the ways he might be able to turn that ten thousand into ten million. What am I going to do? Say no? "Geez, but what will the lasting effects on society be?" Of course not. In some ways, the legal system is like public transit. Unless you're a lawyer, you don't own a car. You have to get on the train where it lets you get on and get off when it stops, and all the mechanics are run by people you barely even see.
      As for medical malpractice, here's a better reform: Get doctors to screw up less. No screw ups = no malpractice. What a fucking concept.
      See, now you're just sounding like an idiot. Who do you think gets to decide the definition of "screwing up," in our society? That's right: the lawyers. These days, everything counts as a screw-up. Did the doctor give you pills? He should have listened more carefully, he medicated you unnecessarily, he didn't do a follow up visit to make sure the pills weren't too big for you to swallow comfortably. What's that? He didn't give you pills? Negligence! He refused to treat you! Was it racism? And on and on...
      --
      Breakfast served all day!
    5. Re:The same question I always ask by Brandybuck · · Score: 1

      You're arguments are disproved by the glut of ambulance chasers out there. There is an entire industry of lawyers who work on contingency. They might not be respected by others in the legal profession, but they do exist. They're goal isn't to win, it's to settle. But they would fewer of them if their clients realized it could cost them if they people they're pissed at decided not to settle.

      --
      Don't blame me, I didn't vote for either of them!
    6. Re:The same question I always ask by mdfst13 · · Score: 1

      Ambulance chasers deal with insurance companies. They do not actually sue people (or even the insurance companies) if they can avoid it. Lawyers only take cases that they expect to win on contingency. Your average ambulance chaser will bow out if they can't negotiate a pre-trial settlement, as trials are expensive.

      Loser pays could actually increase litigation. Note that currently it is unprofitable to sue for small amounts. A loser pays system makes it possible for the lawyer to make money even if the disputed amount is too small. Further, loser pays makes it more feasible to take cases to court rather than settle.

      In general, the people suing feel that right is on their side. Changing the incentives for them doesn't matter, as they are not capable of evaluating the incentives. To have an effect, you need to change the incentives for the lawyers.

    7. Re:The same question I always ask by Anonymous Coward · · Score: 0
      See, now you're just sounding like an idiot. Who do you think gets to decide the definition of "screwing up," in our society? That's right: the lawyers. These days, everything counts as a screw-up. Did the doctor give you pills? He should have listened more carefully, he medicated you unnecessarily, he didn't do a follow up visit to make sure the pills weren't too big for you to swallow comfortably. What's that? He didn't give you pills? Negligence! He refused to treat you! Was it racism? And on and on...

      Actually, look at any medical malpractice case and you'll see that the standard of due care is "what would a reasonable doctor do." If the doctor acted reasonably, and still screwed up, guess what? No malpractice. What's that? The doctor acted unreasonably in comparison to other doctors? Well that's a different story.

    8. Re:The same question I always ask by nomadic · · Score: 1

      How many are there? I assume from your tone that you're not arguing from anecdotal evidence, but have concrete numbers about what you speak. Do you have any experience with the legal system, or is this just from sensationalist media stories, insurance company propaganda, and unsubstantiated "common knowledge" spread by people who really don' t know what they're talking about?

  53. Re:OMFG by 0123456 · · Score: 0

    "99% of the people that regurgitate it have never bothered to read about the real damage done to this woman because McDonald's DID keep their coffee too hot"

    Yes, because no-one could have guessed that driving along holding a cup of hot coffee between their legs might cause 'real damage' to them. In any rational country the whole case would have been thrown out on grounds of stupidity.

  54. Patentability is sometimes an asset to everyone by RCulpepper · · Score: 4, Insightful

    There are some cases in which being able to patent something is the only way a company will invest the time or resources to develop. Take as an example Esperion Pharmaceuticals, who developed a drug that will save me from all the cheeseburgers I've been eating.

    Scientists have known for years that merely injecting someone with "good" cholesterol could help ease congestive heart failure, but because it's something we all produce anyway, it couldn't be patented and nobody was willing to spend the money to manufacture a low-margin commodity.

    Somebody noticed, though, that residents of a small town in Italy died with baby-smooth arteries and almost never had heart attacks. A researcher found that they produced a mutant form of cholesterol that functioned like "drano for the arteries." Because it was a mutated form, it was patentable, and the researcher sold out to Esperion, which Pfizer bought within months for more than a billion dollars.

    I think people on here, understandably, are coming at this from a software background. There is really no other industry, though, where innovation comes as cheaply and easily. MS et al. have definitely abused the system, but it might be a better idea to militate for software-specific patent reform than for patent reform more generally, as 20 years is not a lot of time in some industries (the airline industry comes to mind, where it takes more than a decade to produce a new passenger jet) to recover the costs of innovation. Another benefit is that the longer the patent lifespan, the longer the period a company has to amortize its R&D costs, and the less they have to charge up-front.

    --
    Always a godfather; never a god. -Gore Vidal
    1. Re:Patentability is sometimes an asset to everyone by TiggsPanther · · Score: 1

      I defintitely believe in one of the concepts from TFA. In that "One Size Fits All" doesn't work in the Patent system.

      Although there are probably many things wrong with the Patent system the main one probably is that they try to treat hardware, software, medecine and just about everything under one broad set of rules.

      As you say in some of the engineering industries the costs involved in development and the timespan that ideas last for are such that patents probably work well. In software there are less costs and the playing field changes so fast that to exlcusively lock out competition for the usual span of time can only be harmful.
      For example given a ten-year period a mechanical device would probably still be viable, a medecine would almost defintiely still be useful, but quite a bit of software would have been obsoleted or superceded by then.

      I think there needs to be different criteria and different exclusivity-periods for different types of patents. I can't see patents going away any time soon - too many companies and lawyers would rather they stayed around. And I also can't see software patents disappearing. But therefore if the system has to stay then it needs a bloody great clearout - especially making sure that if they really must allow software to be patentable then the exclusivity/licensing period must be dropped to a much lower length that's actually realistic in the world of software. Basically changes to make the patent concept what it was meant to be - to inspire people to build on ideas, rather than effectively banning them from doing so.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  55. It's a cultural problem. by microbox · · Score: 1

    The problem is, there are too many damn lawyers

    Due to the law of supply and demand, the more lawyers there are, the less I have to pay for one when I need it.

    We are a litigious society, and that's really the root of the problem here.

    Exactly... behind those lawyers are gready clients

    Why else would there be a warning on the Windex bottle warning me not to spray it in my eyes

    A middle-aged lady was walking on the _public_ footpath and slipped an broke her leg on the ice. She looked around to find the nearest building and sued the owners for not taking care of the side-walk.

    The ice/snow is almost impossible here, with the narrow streets and really quick changes in weather. Everybody knows that (who lives here).

    The warning on that Windex bottle is not because of lawyers, but because of the 1% of the population who seek to profit from their stupidy or accidents, and an insurance company has to foot the bill. (Either that or someones life is destroyed).

    It's a cultural problem - a culture of non-responsibility (for yourself).

    --

    Like all pain, suffering is a signal that something isn't right
  56. WTF?!? by DarkMan · · Score: 2, Insightful
    • Open Mosix Transparent process migration, intended for clustering.
    • UML Self hosted virtual machines.
    • Adeos Nanokernel.
    • RTLinux Realtime microkernel/macrokernel work. Hell, it _is_ patented.
    • ReiserFS Filesystem based on dancing trees, with a plugin archtecture.
    • ZisoFS Transparant handling of compressed ISO9660 filesystems.
    • Seperate LLC stack. Logical Link Control is handled by a single stack, rather than embeded into underlying protocols.
    • InterMezzo Distributed filesystem, with network interrupt transparacy.


    Now, I grant that not everone will agree that all of the above is patentable. On the other hand, the current bar for US software patents appears to be the 'one click' patent.

    Most of the above focus on transpency of clever behaviour - as befits an OS. Most of Linux is not particularly surprising, but the above are some of the more unusual features, or unsual apsects thereof.

    1. Re:WTF?!? by julesh · · Score: 1

      I can't address all of your points, because I don't know enough about all of the areas you touch, but:

      Open Mosix Transparent process migration, intended for clustering.

      Has been available in various systems since the 1980s. See, for example, "Sprite".

      UML Self hosted virtual machines.

      A facility that was possible, I believe, with IBM mainframe systems back as far as the late seventies.

      RTLinux Realtime microkernel/macrokernel work. Hell, it _is_ patented.

      I don't know what the patents are for, but it sure as hell isn't the first kernel (micro or otherwise) to offer real time facilities.

      ReiserFS Filesystem based on dancing trees, with a plugin archtecture.

      First time I've seen it in a filesystem, but structuring data in trees has been used in database systems since the late sixties. ReiserFS is only an incremental improvement over most of these systems.

      ZisoFS Transparant handling of compressed ISO9660 filesystems.

      Transparently compressed files have been a feature of many filesystems over the years. ZisoFS is unusual in that it retrospectively adds the feature to an already existing filesystem, but then ISO9660 was designed to be easily extendible, anyway.

      InterMezzo Distributed filesystem, with network interrupt transparacy.

      I believe this was one of the design goals of the Andrew filesystem, developed at CMU during the early nineties (?).

      As to "Adeos" and "Seperate LLC stack", I'm not sure exactly what these achieve, so I can't really comment on them. I truly doubt, however, that they are utterly unique and new, except perhaps in minor implementation details.

  57. Software patents are an abuse of the patent system by randyflood · · Score: 1


    1. Patents are for inventions, not ideas.

    2. What is the difference between software, and an idea?

    3. The idea behind a patent is that you have a secret invention that you would not reveal to the public. And that in exchange for a monopoly on it for a limited time, you disclose it to the public for the benefit of society. Most software patents fall into one or morte of the following several categories:

    A. Obvious.

    B. By the time the monoploly wears off they will be outdated. This is the biggest difference. With a regular invention, like the cotton mill, for example, when the patent wears off, it could still be useful. With a software patent, however, when the patent wears off, it is unlikely to benefit anyone. Hence, what is the purpose of a software patent? It is supposed to benefit society by allowing us to use the innovation since the person would not have otherwise disclosed it. But, in fact, in all cases, we would have figured out their so called "inovation" anyway, and they are just abusing the patent system.

    C. Stupid.

    D. Better off as trade secrets.

    E. Part of a scheme to amass a large patent portfolio to negotiate with other large companies like IBM, Sun, or Microsoft, for rights to their large patent portfolios.

    --
    Randy.Flood@RHCE2B.COM
  58. Patent the GPL by Anonymous Coward · · Score: 0

    There you go, patent the GPL:

    A method for getting various people to work on your software projects of their own free will and without having to pay them for their time or efforts.

    Also a method to get them to assign their copyrights to you without your having to pay them.

    A Nony Mouse

  59. Peer Review by siriuskase · · Score: 1
    If the PTO is overloaded, maybe they should set up a system of peer review and moderation. That would get the technical people involved. Then the PTO would simply review the work of the peer reviewers.

    I see them setting up some sort of bulletin board system, using slash code, then all the previous inventors or IEEE members or professors from accredited universities, I don't care, just as long as the crappy work can get modded down and the cream rises to the top.

    --
    If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
  60. Counterpoint to their 3 points by Anonymous Coward · · Score: 0

    Didn't RTFB, but:
    "First of all, this idea which may well have made sense in 19th century of a patent examiner being able to sit and in few hours figure out what a relevant technology is, and then go out and make a decision as to whether a patent should be granted or not, that really doesn't make sense in an era like today."

    What is their proposed alternative then?

    "Second, to see the patent review process as 'one size fits all' is again a mistake. There has to be way to figure out how to devote more resources to those patent applications which are really the important ones, and less to the unimportant ones."

    Okay, so who gets to decide what's important and what's not important? How is it that that person can tell what's unimportant now won't be important in the future and vice versa?

    The two professors say one solution is to get more information into the hands of patent examiners.

    Examiners are already, mostly, very adequately supplied with information. It's a question of finding relevant information from such a tremendous resource.

    "Our recommendation is that we create very real incentives to third parties to contribute information to the patent-examining process," Mr. Lerner said. "There should be one level of review before and after the patent is issued, but within the patent office."

    That's a good idea, one that I've thought of as well. The USPTO is moving towards a publicly accessible database of patent application prosecution information. Since it can be accessed by the public, the public should also be able to contribute, if they wish, to it's examination, to contribute relevant documents. However, I think it also opens it up to potentially harmful uses (such as spamming the disclosure so as to obscure useful documents). But not a bad idea.

    However, having multiple levels of review is already implemented, just not necessarily on every single case. The amount of manpower required for such an operation would be absolutely crushing for the USPTO as it is now. I mean, there aren't even enough examiners to get through the backlog as is. Can you imagine DOUBLING their workload?

    The authors' third remedy is to reverse the trend toward jury trials for patent lawsuits.

    "Over the last 30 to 40 years, there has been real replacing of judges by juries," Mr. Lerner said. "Patent disputes by and large tend to be highly technical disputes, and in many cases a lay person without much training in the area is hardly an expert."


    Okay, and this magical source of learned professionals is gonna come from where now?

  61. Its all mad i tell ya! by megarich · · Score: 1

    Before you know it, the makers of armagadeon will be sueing the makers of deep impact because they patented the idea of a movie maker of meteors destroying the planet first!

    Ok that has to do more with copyrights but still same thought applies. How much of this must go on before a change is made?

  62. It's not clear what the book says by Animats · · Score: 1
    The review doesn't tell you what the book says. The book itself isn't even out yet, although you can pre-order it on Amazon.com.

    Wait for more info. This is premature.

  63. Re:OMFG by Anonymous Coward · · Score: 0

    It's still a frivilous lawsuit. Unless the employee actually dumped the coffee on the woman, she should have had no case.

    What's the first process in making coffee? You boil water! Jesus fucking Christ, of course it's going to be hot! EXPECT that coffee to be up to 100 degrees Celcius and act appropriately or you suffer the consequences. End of story.

    All the apologists on here who blame McD's for the temperature of the coffee should hang their heads in shame, take a good look at themselves, their responsibilities, and hell, even their own intelligence. You consider yourselves a smart bunch, yet don't fault a woman who put a cup of hot liquid in her lap and got burned when it spilled.

  64. Outsourcing and the Patent System by geoffrobinson · · Score: 1

    I would think that the patent sytem and excessive litigation (of all types) are an important factor in making Americans more expensive for capital. Is it not within the realm of possibility that the patent system prohibits growth in a variety of ways?

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
  65. Re:Ah nothing quite like submitter putting bias in by ibi · · Score: 1

    A scam is an arrangement that pretends to be one thing (generally a mutually beneficial arrangement) but is, in fact, something quite else. Just reading the introduction indicates that the authors are arguing that there a large and increasing gap between what kind of arrangement the current patent is and what kind it pretends to be.

    Is that gap large enough to make it a "scam"? The authors wouldn't use that word because in the social context they occupy it would undermine their credibility. On Slashdot folks tend to use slightly stronger language - so IMHO my use of "scam" seems an entirely appropriate translation of the gist of their book.

    And if it doesn't reach your definition of "scam" yet, just give it few years. Lots folks are working really hard to get it there.

  66. one word.. Acacia.. by Syncalot · · Score: 1

    this company BOUGHT a patent that what they claim covers any sort of streaming video or audio.. come on.. bah.. they have set their sites ont he adult industry as a testing ground to see who would cave in. However they thought wrong, a few of the bigger companies have been in the courts fighting against this silly patent and are coming out on top..

    anyhow some more info .. Acacia is on Eff's top ten most wanted list.

    http://www.eff.org/patent/wanted/patent.php?p=ac ac ia

    man this has got to stop.

    --
    Pocket Girls. Mobile Adult Mini Mags for your Phone.
  67. Two things to improve it all. by SirLanse · · Score: 1

    First: The Problem with the UPSTO is that it now uses patent fees to make money. They now issue as many patents as they can. They know that the courts will override what ever they do, so they have stopped trying. They issue patents and let the courts do the work. Pull the court costs back out of USPTO's budget! Second: The courts need to simplify jury selection. The lawyers cull all those with brains from the jury. The bigger the case, the dumber the jury. That is how O.J. is free and everything else is expensive.

  68. Programming is Math by TiggertheMad · · Score: 1

    Sure programming is a form of math, and math shouldn't be able to be patented, as doing so could really stiffle innovation in many fields. But, here is the really odd thing. A patent protects a process, not an idea. And math is really a lot of processes combined with rules. So there is this wierd sort of exemption. You can patent a process, unless you can put it into numbers.

    I personally think that the goal of patents is a worthy idea, you grant a limited monopoly and in return when it expires, society as a whole benefits. The other option a company has it keeping an invention a trade sceret. The coke formula is a trade secret, for example. Coke could patent it, but then they would have to tell everyone exactly how they make it.

    My complaint about software patents is they are really cheating. They patent some process, but then when it eventually expires, they don't give anything back. I woudl have no problem with software patents if ALL the source code that they were used in was released open source after the patent expired. (The length would have to be shortened to something like 5 years, too.) As it stands, Amazon.com will have it's one-click shopping patent, and when it expires, it will have given nothing back to society in return for it's temporary monopoly. So it gets the benefit of having a trade sceret and a patent at the same time.

    Let a company decide: Trade secret and keep the source code as long as they want, or Patent for five and open source the program afterwards.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Programming is Math by Anonymous Coward · · Score: 0

      Interesting points... But software is code... just like hardware is code (VHDL is a programming language describing hardware) so software should be just as patentable as hardware. At the end of the day, even building a machine could be formalised into some kind of formal/mathematical language - a bit like the assembly instructions that come with an Ikea table... Everything can be described mathematically

      Remember when you patent something you do not patent the entire implementation - for example a new type of register on a chip will include the process technology in the patent, but not the design for the chip that used it. To this end software patents should include pseudo-code implementations of the specific idea being patented. Where the patent is format (like DOS/FAT) the definition of the format should be included...

  69. patent infringment warning by Anonymous Coward · · Score: 1, Funny

    I will patent the concept of patent reform, and stop them!!!!BWAHAHAHA!!!!

  70. Re:OMFG by SydShamino · · Score: 1

    Mr Clueless,

    She wasn't driving with the cup between her legs. She (stupidly) placed the cup between her legs to get the lid off, because the lid had melted onto the cup due to the extremely excessive heat. McDonald's had been warned it was much, much hotter than anything a human should drink.

    She was found partially responsible due to her stupidity. But, as McDonald's was warned repeatedly to turn down the temperature and ignored the warnings, they were partially responsible, too. And then all she wanted was help with the medical costs. It was the jury that added the big extra award (which was taken away on appeal).

    Thanks,
    Cluebat

    --
    It doesn't hurt to be nice.
  71. The problem with medical patents by dgh · · Score: 1

    and with the process of developing medicines, therapies, and diagnostics in general, is that only patentable (or more accurately 'monopolizable') methods are sought, developed, and promoted. Natural or inexpensive compounds and methods are not investigated, are not promoted, or are suppressed. There is no happy medium here. An 'open source' method of investigating medical treatments and diagnostics without patents would make available a whole range of more economical treatments and therapies. Once again, there has to be a happy medium, because you wouldn't want to pull the rug out from under expensive methods that do have a benefit. Until this happens, we are stuck with a system that guarantees that costs will increase and restricts benefits to those who are in the money chain.

  72. zerg by Lord+Omlette · · Score: 1

    It used to be that patent applications had to include a prototype model of some sort, I say we bring that back.

    --
    [o]_O
  73. 5th amendment by debrain · · Score: 3, Interesting

    The US has to be careful with patent reform, perhaps because of the lesser used part of the 5th amendment. Ie.

    ... [No person shall] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    For the same reason that copyright reform may be difficult to bring about, as postulated by Mr. Lessig, Mr. Knopf, and others, it would literally cost the government a fortune to deprive owners of patents their due value, for a public purpose, as the 5th amendment guarantees them just compensation.

    The lackadaisical politics is in essence digging its own grave, ensuring the continuation of a terrible intellectual property system, as the government will be unable to afford to compensate the existing privileged in the name reform for the public good.

    1. Re:5th amendment by bigdavex · · Score: 4, Informative

      The US has to be careful with patent reform, perhaps because of the lesser used part of the 5th amendment. Ie.
      ... [No person shall] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

      For the same reason that copyright reform may be difficult to bring about, as postulated by Mr. Lessig, Mr. Knopf, and others, it would literally cost the government a fortune to deprive owners of patents their due value, for a public purpose, as the 5th amendment guarantees them just compensation.

      The lackadaisical politics is in essence digging its own grave, ensuring the continuation of a terrible intellectual property system, as the government will be unable to afford to compensate the existing privileged in the name reform for the public good.

      Here's a relevent bit in the US constitution:

      The Congress shall have Power . . .
      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

      Unlike natural rights, people don't have exclusive rights to their "writings and discoveries" unless Congress grants it. The reason Congress grants that right is for the public good. If Congress chooses not to grant this right, it isn't taking anything away. It's just not exercising it's power to grant the right. And there's no "property" taken from the inventor in violation of the 5th ammendment.

      --
      -Dave
    2. Re:5th amendment by argoff · · Score: 3, Insightful

      The constitution never implied patents (or copyrights) were a property right any more than slaves on the plantation were. This property propaganda is a bunch of crap made up by lawyers and the RIAA, and has absolutely no solid foundation in common law or constitutional law at all.

      In fact the constitution clearly states that copyrights and patents are a government mandated monopoly that is to be short term - genuine rights don't have an expiration date.

    3. Re:5th amendment by debrain · · Score: 1
      I'm not sure if your statement is directed at patents in particular. But at least in terms of copyright, it is incorrect. For all the intents and purposes of my 5th amendment argument, however, I believe patent protection is analogous, given that constructive legal property, ala. patents, trademarks and copyrights are, in good standing, equivalent to actual property.

      And there's no "property" taken from the inventor in violation of the 5th ammendment.

      Quoth the Raven:
      copyrighted material is, by definintion, private property, and to argue that an individual is taking from the public by extending his copyright requires a dyslexic misreading of the literal meaning of the amendment. the 5th amendment argument is better used by those who support an extended copyright than by those who wish to shorten it.

      Taken from the blog of Lawrence Lessig, , one of the world's most prominent intellectual property lawyers.

      I'm not sure what you are referring to with "natural rights"; natural persons and artificial persons (ie. corporations) are equally entitled to the constitutional provisions, just as constructive property rights are equally as applicable as common law or other rights (not sure what you mean by "natural rights", so ...). I suspect I have no idea what you are talking about. :)

      Incidentally, even if Congress constructs a right, they must compensate for taking it away again, pursuant to the last statement of the 5th amendment. This is not equivalent to not granting it in the first place; at some point the law granted rights which, when removed, may require "just compensation" for things such as lost profits.
    4. Re:5th amendment by debrain · · Score: 1

      The constitution never implied patents (or copyrights) were a property right any more than slaves on the plantation were. This property propaganda is a bunch of crap made up by lawyers and the RIAA, and has absolutely no solid foundation in common law or constitutional law at all.

      I suggest you talk to one of the biggest proponents of copyright reform, Lawrence Lessig, who states that "copyrighted material is, by definintion, private property", in his blog. Alternatively, you could back up your supposition (which I think is nonsensical, but hey, I wouldn't mind being wrong on this one).

      Indeed, there is a plethora of common law dating back to the 1700's in England on copyright, in particular, defining it as property (Lockean natural law; the Blackstonian legal distinction was usurped by the common law).

      You are unwittingly correct that it is "made up by lawyers"; it is a constructive property, just as corporations are constructive people, with effectively the same rights and liabilities therein. Unfortunately, you fail to establish any distinction between constructed and "real" property, in a society under rule of law.

      In fact the constitution clearly states that copyrights and patents are a government mandated monopoly that is to be short term - genuine rights don't have an expiration date.

      What's a "genuine" right? Your property rights effectively end, thanks to perpetuities legislation, ~81 years after you die (save trusts & fancy legal wrangling with big money), to prevent "ruling from the grave", so to speak. This makes your existing property rights no less tangible or "genuine", does it? Indeed, copy-rights in some jurisdictions vastly outlive real property rights.

      There are transient rights, such as freedom of association, free speech, and the like, but I suspect these end when you die, though they may be vicariously preserved (to no personal avail, I imagine). I am left wondering what rights you are talking about.

      Bear in mind that we are talking about "just compensation" for the government depriving you of rights to copyright or patent (or trademark) profit and enjoyment. In essence, this is legally analogous to depriving you of real property rights. Analogy to transient rights is superfluous; this is property, whether constructed by lawyers or not, it is recognized by courts of competent jurisdiction. That right can be taken away by government, but constitutionally the government must compensate the owners.

    5. Re:5th amendment by mdfst13 · · Score: 2, Insightful

      That only applies to *existing* patents. The system can always be changed as regards new patents. Also, it's worth noting that patent abuses are in fact patent abuses. If the patent is not legal in the first place, then nothing is taken away.

      Copyright is different in that the primary concern is the lengthy term of the copyright. It may in fact be very difficult to shorten that term and it would take over a century to let the existing copyrights run out. Existing patents would be gone within twenty years.

    6. Re:5th amendment by bigdavex · · Score: 1

      I'm not sure if your statement is directed at patents in particular. But at least in terms of copyright, it is incorrect. For all the intents and purposes of my 5th amendment argument, however, I believe patent protection is analogous, given that constructive legal property, ala. patents, trademarks and copyrights are, in good standing, equivalent to actual property.


      And there's no "property" taken from the inventor in violation of the 5th ammendment.


      Quoth the Raven:

      copyrighted material is, by definintion, private property, and to argue that an individual is taking from the public by extending his copyright requires a dyslexic misreading of the literal meaning of the amendment. the 5th amendment argument is better used by those who support an extended copyright than by those who wish to shorten it.

      Taken from the blog of Lawrence Lessig, , one of the world's most prominent intellectual property lawyers.

      The context here is that someone is suggesting that the 5th ammendment can be used to argue against copyright extensions. The suggestion was that the public owns the "private property", and that by extending the copyright, Congress is taking property from the public and giving it to the original writer without compensation. So, Lessig says that the 5th ammendment would make (hypothetically) a better argument for extensions that against them. But Congress doesn't need a 5th ammemdment interpretation to back granting copyrights -- it has an enumerated power.

      I'm not sure what you are referring to with "natural rights"; natural persons and artificial persons (ie. corporations) are equally entitled to the constitutional provisions, just as constructive property rights are equally as applicable as common law or other rights (not sure what you mean by "natural rights", so ...). I suspect I have no idea what you are talking about. :)

      I'm using that term "natural law" as meant by Jefferson and Locke. Certain rights are inherit in being human, or given by God.

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, . . .

      I'm pointing out a distiction between this sort of right and copyright, which is a "right" invented for pragmatic purposes. That is, the advancement of the arts and useful sciences.

      --
      -Dave
    7. Re:5th amendment by debrain · · Score: 1

      The context here is that someone is suggesting that the 5th ammendment can be used to argue against copyright extensions. The suggestion was that the public owns the "private property", and that by extending the copyright, Congress is taking property from the public and giving it to the original writer without compensation. So, Lessig says that the 5th ammendment would make (hypothetically) a better argument for extensions that against them. But Congress doesn't need a 5th ammemdment interpretation to back granting copyrights -- it has an enumerated power.

      Good analysis; it's tangential, but the point that copyright is property stands out. Incidentally, in a conference, he eloquently explained this dilemma of 5th amendment constitutional redress to copyright reform. Unfortunately, I only know it from heresay (though I might see him on Friday and ask); suffice that he, and others of note, consider it a likely crux.

      I'm using that term "natural law" as meant by Jefferson and Locke. Certain rights are inherit in being human, or given by God.

      Ah, yes. Incidentally, I seem to recall that Locke used natural law to justify copyright as an intrinsic right inherent to creation. In other words, when you create, you have a natural right to benefit. The copyright monopoly is how that benefit has played out.

      I'm pointing out a distiction between this sort of right and copyright, which is a "right" invented for pragmatic purposes. That is, the advancement of the arts and useful sciences.

      Do you believe this distinction would be strong enough to hold up at the Supreme Court of the US?

      Fundamental/natural rights are upheld to advance personal protection from the state. It could be argued that this is pragmatic insofar as advancing democracy and capitalism.

      This strikes me as a bit superfluous, because I strongly suspect that almost all case law surrounding the redress clause of the 5th refers to appropriation of real property. The distinction between intellectual property and real property is much more hazy than between fundamental/natural rights. In that sense, do you "own" your land anymore than your copyright insofar as it is defined by a system created, endorsed, and enforced by the state.

      I find any distinction very difficult; when the state builds a highway through your land, are you no less entitled to redress for your loss of benefit than when it usurps your right to benefit from your literary works for the public good?

  74. GNU/Hurd by Anonymous Coward · · Score: 0

    *sigh* If only GNU/Hurd had been viable, we would have had all that stuff (and more) about 15 years ago.

  75. Patent Duration by Finsterwald+P+Ogleth · · Score: 1

    Patent duration, originally, was based on a manfacturing cycle from the Industrial Revolution. It took a lot of time to build a manufacturing process and produce enough product for the inventor/creator to recoup her investment.

    It is more correct to recognize a market domain (e.g software) as a determinant of patent duration. I believe it even more correct that the R&D cycle be recognized as well, along with market life cycle. So it could be a function of the three; R&D cycle, development to market and market life cycle.

    Which would make software patent duration about 18 months... Pharmacueticals might be 15 years or more. Things change too quickly to have *everything* locked into a 17 year cycle.

    The weighted average of three components would give a much more equitable patent life span.

    FPO

  76. other factors by Anonymous Coward · · Score: 0

    A shorter duration is a good start. But if software patents are to be truly valuable, I think they should include a few more restrictions:

    1) Owners of such patents should have to demonstrate that they are actively working on an implementation of the patentable claim, whether for profit or not. That is, they should not be able to use the patent to stifle others, unless they themselves are making the technology available. Thus someone like Unisys or Forgent could not just sit on a patent for years until the technology becomes an industry standard, then start charging license fees.

    2) Such patents should be non-transferrable. This would prevent patent-hoarding to some degree, and at the same time would cut down on companies whos sole purpose is litigation (e.g. Rambus or Forgent).

  77. What you are missing: Copyrights. by vyrus128 · · Score: 1

    Copyright already protects programs. Copyright protection is appropriate: it protects independent invention, so that even if you copyright a trivial piece of code, you can't stop me writing the same thing without ever seeing yours. A patent, OTOH, prevents me from INVENTING THE SAME THING MYSELF. Patents are therefore only appropriate for _significant_ inventions, not the sort of small, incremental and obvious advances typically found in computer science.

  78. Oh, it's MORE... by Pig+Hogger · · Score: 2, Funny

    Who else read this as "Moore Calls for Patent Reform" ????

  79. WOW, I wrote this letter just thismorning.... by argoff · · Score: 3, Informative

    This morning I saw an article in the SD Tribune touting how benificial patents were to the biotech industry from the perspective of a lawyer. I wrote this reply to the author before I even saw this on slashdot .... must have been a psychic thing! :)

    To: michael.kinsman@uniontrib.com

    Dear Michael Kinsman,

    After reading a recent article you wrote in the Union Tribune, I really think you should consider the "other side" of the Patent system. I found it ironic that the article I'm thinking about referred to a lawyer, because of all people - a lawyer is probably the least qualified to understand what's good for technology industries and what isn't. In fact, even in the article, the lawyer referred to, defended against patents in one case and imposed them in another. Lets face it, when all is said and done, the people that benefit the most from this two way milking process is lawyers and not business. I don't work in biotech, but I've worked in allot of other technology companies and this is the way I see it:

    In the tech industry I know, most people get patents not because they are some glorious protection, but rather a glorious hassle that is necessary to use defensively against frivolous lawsuits. They are also used to get into cross-licensing agreements that would have otherwise made it impossible for the small innovative companies to compete against entrenched patent and lawyer filled giants. This is hardly the patent system that helps the small inventor working in his garage that everyone talks about.

    In the tech industry I know, the entire industry is defined by people who defied patents. For example, the IBM compatible PC was a drastic success for the computer industry, because it was a drastic patent failure where anybody could make an IBM compatible PC even if they weren't IBM. Silicon valley, wouldn't exist without the engineers who routinely revolted against companies who wanted to patent off their innovations, and created new startups in defiance.

    In the tech industry I know, the overwhelming majority of patents were issued for innovations that were incremental, and were going to happen anyhow with or without patents. The patents didn't help anything, they just got in the way time and time again. Even worse are the thousands of patents issued for things that were obvious and could be made by any competent high school programming student, like a cursor that blinks!

    One time I worked for an innovative startup that got bought out by a huge global multinational corporation - whose only motive was grab some key patents and lock out competition in an important area of the market. This didn't benefit the consumer who got gouged, it didn't benefit the employees who mostly got laid off, it didn't benefit the tech industry who was cut out from using the technology, and it stopped the innovation that was going on cold in it's tracks. But, on the bright side, it did benefit greatly a large staff of lawyers on hand!

    However the most revealing patent issues didn't happen in the IT industry at all. It happened when American pharmaceutical companies tried to sue the daylights out of dirt poor African nations who wanted to make generic AIDS drugs on their own. And then how pharmaceutical executives went to the papers and said how they had no incentive to make pharmaceuticals without these lawsuits, that their patents were property, and they were very generous to Africans. Of course when it was pointed out that those points were very similar to the incentive/property/generosity arguments used by plantation masters in the 1800's - they backpedaled in a hurry and got the government to put 13 billion of my tax money towards fighting AIDS in Africa instead. (buying patented pharmacutical products, of course)

    So the questions you should be asking is not whether patents are beneficial to the industry or not, or whether they will secure venture capital, bu

  80. Re:OMFG by maxpublic · · Score: 1

    She (stupidly) placed the cup between her legs to get the lid off

    "Stupidly" is right. And regardless of any other condition, the fact that she did this makes HER responsible for anything that followed. Blaming it on McDonald's after the fact is ludicrous.

    She was an idiot, plain and simple.

    Max

    --
    My god carries a hammer. Your god died nailed to a tree. Any questions?
  81. Society doesn't get value from software patents by Chuck+Messenger · · Score: 2

    Additionally, the design of anything that's patented must be fully disclosed and on the public record, meaning that there is no secrecy involved on the part of the inventor, allowing others to improve the design, even while the patent is still valid, and license the improvement to the original inventor, license the rights to sell the original invention with the improvement, or to wait for the expiration of the first patent and then sell their improvement.


    That's the theory. But in practice, software patents typically cover very obvious inventions. Society shouldn't be willing to pay anything at all for these dime-a-dozen inventions, much less yield a 17+ year monopoly for the "inventor" (not the real inventor, just the first group to spend the money/time to get the patent).

    Furthermore, typically, companies use what I'd call "landmine patents" -- simple little worthless patents whose purpose is to trip up their competitors (especially little companies without resources to fight wealth destroying legal battles), while keeping the good stuff secret.

    Unless society gets a benefit, it should wise up and stop paying the price. And make no mistake -- society certainly pays a price.
  82. Re:OMFG by Anonymous Coward · · Score: 0

    ... the lid had melted onto the cup due to the extremely excessive heat.

    Bullshit. Styrofoam is an INUSLATOR, and polyethylene has a higher melting point than the temperature of the coffee.

  83. Yale is Better by Anonymous Coward · · Score: 0

    Harvard is a safety school. Yale is much better. You'd have to be crazy to go to Harvard...

  84. creation 2.0 by Doc+Ruby · · Score: 1

    We should tear it all down and replace it with Old Testament law.

    --

    --
    make install -not war

  85. Here's a simple logical idea by Gr8Apes · · Score: 2, Insightful

    Have software patents. However, make them good for only 5 years from the date of filing and on a first come first serve basis.

    Entire fields of technology come and go in 5 years time, so that seems like more than enough time to "profit" from a patent. Also, it reduces the incentive for filing patents for "ideas" that allow a lock on said "idea" with no intent of using said idea. If the "idea" is suitably ahead of its time, well, then you could attempt to hold off on filing it...then again, mere ideas aren't invention. (See flight as one idea that was around for ages, but the actual invention didn't occur until 1908, I believe it was)

    Additionally, the shorter time span would prompt immediate use of said patent, or it would be no longer useful to the patentee. Bad patents such as the infamous "one click" patent would go out the window in a reasonably short period of time.

    I'm willing to bet the simplicity of such a solution is also the reason it would never be adopted, as companies wouldn't be able to profit from the current system (like SCO's attempts, for one)

    --
    The cesspool just got a check and balance.
  86. Re:Great news... by Anonymous Coward · · Score: 0

    He got "-2, Offtopic" which guarantees that the majority of readers won't see his link. What else do you want?

  87. Against a reactionary by Randym · · Score: 1
    Software patents do not promote science and the useful arts.

    Since software *is* a useful art, that sentence makes no sense.

    Software patents have not caused an increase in the amount of software being written.

    Unsupportable. Much more software, in fact, *has* been written since software became patentable -- although not all of it was patented.

    Software patents have harmed some software developers by forcing them into costly litigation.

    Perhaps true, perhaps not. Please give examples of software deveolpers which have been harmed by software patents.

    Software patents have a chilling effect on developement. Knowing that a piece of software you are writting might be patented makes it less likely that you will work on it.

    Completely ridiculous. It is exactly the other way around -- knowing that my software *will* be patented makes me *more* motivated to work on it. However, I don't work for a big corporation -- I'm an independent.

    What good thing has happend as a result of software patents?

    Knowing that my intellectual fruit is worth something in the open market and that it *is* protected better than by copyright. Furthermore, *all* software patents expire eventually, and then the software is in the public domain.

    Software patents should not be allowed to start, and in countries where they've already started, they should be abolished.

    Absurd. Poster gives no rational reasons in this post for that.

    -- Should you question authority?

    Ummmmmmm -- shouldn't *you*? All of your so-called arguments here have been made better by other people. Why, precisely, *are* you so dead set against software patents?

    --
    DNA is a Turing machine. You, however, being dynamic and emergent, are not.
    1. Re:Against a reactionary by Anonymous Coward · · Score: 0
      Software patents do not promote science and the useful arts.
      Since software *is* a useful art, that sentence makes no sense.

      Nope; it makes perfect sense unless you somehow implicitly assume that patents somehow promote writing software. I don't see any sign that it does: ever heard anyone say "Gee, I wrote this magnificent rendering algorithm -- I'd never have thank to do it if it wasn't for the patent system"? Didn't think so.

      Program code is written to solve a particular problem, and whether there's patent machine to use or not, solutions get written by people capable of doing it. There's no additional incentive, except for possibility of frivolous lawsuits, or, based on first one, wanting to get protection against such lawsuits.

      Unsupportable. Much more software, in fact, *has* been written since software became patentable -- although not all of it was patented.

      You are mixing cause and consequence here. Software patents were allowed when amount of software being written started to grow significantly. It is impossible to say what the effect of patents is, unfortunately; upwards trend in software caused by natural evolution of the field all but guarantees growth. It's only question of whether it'd have grown faster without patent oddness. I doubt that; up until know I seriously doubt patenting has had much any effect (ie. I don't agree with original poster's doom and gloom attitude towards current situation... but in future I do see clear danger of patenting minefield).

    2. Re:Against a reactionary by mdfst13 · · Score: 1

      "Knowing that my intellectual fruit is worth something in the open market and that it *is* protected better than by copyright. Furthermore, *all* software patents expire eventually, and then the software is in the public domain."

      Err...no. Software patents are on abstract methods, not software. At expiration, no software becomes publicly available, just a method that was only unavailable because of the patent. Further, the copyright on the software will apply long after the patent expires, so even if they do publish it, it still won't be public domain.

      All patents have a chilling effect on development. The possibility that someone else has *already* patented the method that you seek reduces the incentive to work on it (you might not be able to use your work). The claim is that this is outweighed by the desire to get the monopoly first. In some cases (e.g. pharmaceuticals), this is true. Research is so costly and reverse engineering is so simple that a patent monopoly is required to get any results at all. In other cases (e.g. software), the balance goes the other way. Software is generally cheaper to develop than to reverse engineer.

    3. Re:Against a reactionary by AnotherBlackHat · · Score: 1

      Software patents have harmed some software developers by forcing them into costly litigation.

      Perhaps true, perhaps not. Please give examples of software deveolpers which have been harmed by software patents.



      Earthlink (Mailblocks v. Earthlink), and Microsoft (Microsoft v. Eolas) are two high profile examples.
      Mailblocks sued two others before attacking Earthlink.

      Please provide examples of software patents preventing costly litigation.


      Software patents have a chilling effect on development. Knowing that a piece of software you are writing might be patented makes it less likely that you will work on it.

      Completely ridiculous. It is exactly the other way around -- knowing that my software *will* be patented makes me *more* motivated to work on it. However, I don't work for a big corporation -- I'm an independent.


      No, knowing that you will hold the patent on a piece of software increases your motivation to work on it.
      Knowing that someone else will hold the patent on a piece of software greatly decreases your motivation to work on it.
      The problem is, there's a reasonable chance that the software you are writing is patented or is going to be patented by someone else.
      Even if you think the risk is small, it's still a risk, and risks are a disincentive.


      What good thing has happened as a result of software patents?

      Knowing that my intellectual fruit is worth something in the open market and that it *is* protected better than by copyright. Furthermore, *all* software patents expire eventually, and then the software is in the public domain.


      The last statement isn't much of an argument in favor.
      If we didn't have patents at all, they would all start out "in the public domain".

      The rationalization for patents is that they give an incentive to the inventor, and therefore cause more invention.
      To me, that sounds suspiciously like "the ends justify the means".

      Patents cause harm to the innovation process by preventing people from using the idea, even when they develop it independently.
      In the physical world independently arriving at the same invention happens rarely,
      and it's much easier to pretend that the harm is justified by the imagined benefit.
      In software, independently creating the same invention happens constantly, and the harm is not as easy to justify.
      And it's far less clear that there is any benefit.

      -- not a .sig
    4. Re:Against a reactionary by Randym · · Score: 1
      First of all, thank you for your quick and thoughtful response.

      Please give examples of software developers which have been harmed by software patents.

      Earthlink (Mailblocks v. Earthlink), and Microsoft (Microsoft v. Eolas) are two high profile examples. Mailblocks sued two others before attacking Earthlink.

      D'oh! I should have thought of Eolas. Not familiar with the the Earthlink case; will look up.

      Please provide examples of software patents preventing costly litigation.

      I think that part of the problem here is that there are *two* kinds of software: 1) the ridiculously easy kind that a computer person wouldn't even think of patenting, but that a businessman would jump on: i.e. Amazon's one-click patent. 2) Complex software, written to solve a particular problem: think those hundreds of IBM patents.

      It seems to me that, when people dump on software patents, they are thinking of the first kind. But I think of them as the second kind: complex *machines* that happen to be built out of code rather than metal. So there is a fundamental disconnect right off the bat.

      If the Patent Office was correctly doing its job, those first types would *never be allowed*, due to prior art; only the second type would get by. But that, in itself, is no reason to ban software patents. The fact that they *do* allow patents of the first type is an implementation problem at the Patent Office

      So, to finally answer your question, let me refer then to the IBM patent trove. How many of those have ever been litigated -- successfully or unsuccesfully? I bet not many.

      No, knowing that you will hold the patent on a piece of software increases your motivation to work on it. Knowing that someone else will hold the patent on a piece of software greatly decreases your motivation to work on it. The problem is, there's a reasonable chance that the software you are writing is patented or is going to be patented by someone else. Even if you think the risk is small, it's still a risk, and risks are a disincentive.

      Yes, it's true that "Knowing that someone else will hold the patent on a piece of software greatly decreases your motivation to work on it." But that's not the case with me, as I mentioned in my first post.

      The problem is, there's a reasonable chance that the software you are writing is patented or is going to be patented by someone else.

      Considering the obscure area of mathematics within which I toil, I consider that unlikely: theoretically possible, but highly unlikely.

      Even if you think the risk is small, it's still a risk, and risks are a disincentive.

      Of course. But if I stopped working every time I ran into a little obstacle like "risk", I might as well do nothing at all. I'm all for risk, as long as it eventually brings its friend "reward". 8^D

      The rationalization for patents is that they give an incentive to the inventor, and therefore cause more invention. To me, that sounds suspiciously like "the ends justify the means".

      The test of an idea is that it works. Has the US Patent system worked? Indubitably!!! Our innovation culture is the proof. I *will* grant that changes in the patent process in the last 30 years have muddied the water somewhat (I, for one, am somewhat leery of "business patents", because there is no 'material object', unlike all other kinds of patents), but that's no reason to toss out the baby with the bathwater.

      In software, independently creating the same invention happens constantly, and the harm is not as easy to justify. And it's far less clear that there is any benefit.

      See my earlier note about the difference between the two types of software.

      Again, thank you for your reply.

      --
      DNA is a Turing machine. You, however, being dynamic and emergent, are not.
  88. Pot calling the kettle black? by Insurgent2 · · Score: 2, Interesting

    Interesting that it's PriceWaterhouse that put this out.
    Would this be the same PriceWaterhouse with this patent: "Method for electronically recognizing and parsing information contained in a financial statement"
    ...which caused the developer of Groovy Java Analyst to abandon his open source project.
    Though he doesn't say that he received any correspondence from them, just idea of getting tangled up with a corp. over a patent was enough to send him packing.

    I'm sorry, but software patents as well as BP patents are blatantly wrong.
    Just imagine someone had managed to patent "Method for looping over an range of integers to control algorithm execution".
    Nowadays, they could probably patent "Method for serving fast food with customer still in their car"

  89. What do you expect... by Anonymous Coward · · Score: 0

    What do you expect from a guy who think Bush is doing a good job? The facts smack him in the face, and he resists the truth.

    C'est La Vie.

  90. Bad example by sprekken · · Score: 1
    Heh, you are obviously very passionate about your convictions, but the example you gave does lack some basic common sense.

    Kids are kids, they (well most of them anyway) do not have the mental faculties of adults. Suggesting that a child is "stupid" for sliding down a metal slide in the summer is just that... stupid. Children are for the most part very trusting and naive, and if there is a slide on the playground of an elementary school they will play on it until they get hurt. Only after the painful experience will they realize that it is not a good thing to do.

    Now, putting a metal slide in the playground of an elementary school in my opinion is a very dangerous and stupid thing to do. It would be the equivalent of replacing your nice leather car seats with a bright and shiny sheet metal. "Yeah, those adults that burn themselves on their metal car seats are stupid! Don't they know that you can't drive in the summer?!!"

    I do agree (I think) with the theme of your argument that lawsuits have become outrageously frivolous and common, but I must part ways on this particular example.

    1. Re:Bad example by Anonymous Coward · · Score: 0

      putting a metal slide in the playground of an elementary school in my opinion is a very dangerous and stupid thing to do

      Really ? ... metal slides were the norm in my youth (1960's), and I don't recall an abnormally high rate of injuries occuring. Personally, I never received more than a slight friction burn from any slide. That's over at least six years of using slides in public parks, schoolyards, etc.

      To my thinking, the only thing wrong with the parent poster's example is that he didn't specify at what point negligence is actually involved, rather than simple bad judgement.

      For example, if a metal slide has exposed sharp edges (through bad design or damage), then that is negligence and any injuries resulting should be legally actionable.

      Children do not possess the wisdom of (most) adults, but that does not mean that they should be kept in a bubble. There are degrees of risk, some of which parents/adults need to mitigate. But attempting to construct a world where a child is never at risk of any injury is silly. What if the child excercises bad judgement by running down a flight of stairs - if they fall, is it the fault of the manufacturer of the staircase/bannister ?

    2. Re:Bad example by Handpaper · · Score: 1
      Now, putting a metal slide in the playground of an elementary school in my opinion is a very dangerous and stupid thing to do.

      You, sir are an asshat. (I knew I'd have a reason to say that someday!)

      In .uk, every single fucking slide in every single fucking playground in the whole fucking country is made from stainless steel and has been for nearly twenty years. Why? It's weatherproof, slippery, and vandal-resistant (I've never seen one damaged to the point of being unsafe, and I used to test IED's on them).I'm sure that hundreds, maybe thousands of children use every year use them to make the important discovery that metal gets hot if it's sunny. Vey few (if any) of them are permanently harmed by it.
      You are exactly the kind of moron you deny yourself to be, you believe all risks to be a Bad Thing (TM) to be stamped out even at the cost of denying anyone enjoyment. I hope you die in a freak gardening accident.

    3. Re:Bad example by sprekken · · Score: 1
      You, sir are an asshat.

      Ahahahaaa! Yes! I've been called an asshat! I love that word... very descriptive :)

      In .uk, every single fucking slide in every single fucking playground in the whole fucking country is made from stainless steel and has been for nearly twenty years. Why? It's weatherproof, slippery, and vandal-resistant (I've never seen one damaged to the point of being unsafe, and I used to test IED's on them).I'm sure that hundreds, maybe thousands of children use every year use them to make the important discovery that metal gets hot if it's sunny. Vey few (if any) of them are permanently harmed by it.

      Indeed. I went to elementary school over twenty years ago, and remember those metal slides... the difference is that I went to school in the high desert of southern California where it is over 100 degrees fahrenheit in January. Almost every kid in school knew about the bunson burner. Most would be ok if they wore long pants, and didn't actually touch the metal... but that's a difficult thing to do when climbing a metal ladder, and sliding down a slippery slope. Every year there would be a dozen or so kids treated for burns. I myself happened to lean up against it once, and it left quite a mark on my upper arm.

      I guess I should have narrowed the scope of my accusations to those areas where it is known to be a danger on the playground... My bad.

      I think it is great that children in areas with a bit more latitude can enjoy these durable, weatherproof, slippery, and vandal-resistant metal slides.

      You are exactly the kind of moron you deny yourself to be, you believe all risks to be a Bad Thing (TM) to be stamped out even at the cost of denying anyone enjoyment.

      Exactly. I am an asshat. Yes, yes, I'll try to lighten up. I suppose that the slides aren't all that bad. I just think that common sense should prevail on all levels. Kids should try to slide down without getting burned. School admins should see that kids are getting burned and put some kind of protective coating on the slide, or replace it with one of the nice plastic ones available. No need for lawsuits, just a bit of common sense.

      I hope you die in a freak gardening accident.

      I also hope that I die in some freak gardening accident... the more bizarre the better :) Just think about all of the parties on the other side where everyone is standing around drinking some ghost beer or whatever, and asking each other, "So, how did you die?" To which I'd reply, "Heh, weeeell see, it involved this turnip seed, some pesticides, and a backhoe..."

    4. Re:Bad example by Handpaper · · Score: 1
      Sorry for the flames - and thank you for the 'soft answer that turneth away wrath'.
      I admit that I didn't consider tropical temperatures when I sang the virtues of stainless steel slides - but if it's that hot year-round then why use metal in the first place?

      children in areas with a bit more latitude
      Do you mean 'children allowed more latitude', ie ruled less strictly, or 'children living in more temperate latitudes' where it's not so hot?

      freak gardening accident = Spinal Tap reference (could have been worse - go see what their other drummers died of!)

  91. Heard that one before... by j.leidner · · Score: 1
    "a creator of litigation and uncertainty that threatens the innovation process itself"

    Sounds like copy & paste from RMS himself, not that I would want to accuse the author of intellectual borrowings, but the quote has that certain unique air of doctrine about it... ;-)

    On a more serious note, I hope he gets listened to by some politicians. Maybe the activists of the FFFI can bring the guy together with some decision makers...

    --
    Try Nuggets , the mobile search engine. We answer your questions via SMS, across the UK.

  92. King James by Anonymous Coward · · Score: 0

    King James of England And Scotland:
    Looked at the patent laws and said start again

    Try looking up Sterling Engine, pick 5 patents at random and tell me its a technical argument and not a legal one.

    Kind of a bias task I know, but try it if you please and Im sure you will find as I did, assuming you know bullshit when you read it.

    How long will this go one? when will it end the injustice! etc? Try Judge Jeffierys and the bloody assizes

    Power emits from the end of a long stick .
    There are two kinds of people in the world, those with long sticks and those without.

  93. Actually, yes by Featureless · · Score: 1

    Did you miss the part about what we already accomplished with our two party system and our "apathetical electorate" (let alone a hostile one)?

    Our procedural details are just details. No system is perfect and you don't have to wait for a perfect one to come along to start working to fix things. It's nothing you can't work around, frankly. If you are interested in the practical details of American political activism, there is a wealth of information available to you.

    1. Re:Actually, yes by alexo · · Score: 1


      > Did you miss the part about what we already accomplished with our two party system and our "apathetical electorate" (let alone a hostile one)?

      That would be the abolition of slavery, right? I did not find other references in you posts (the mention of Monarchy is hardly relevant)

    2. Re:Actually, yes by Featureless · · Score: 1

      Are you serious? You can't think of any other progress we've made in, say, the last 100 years?

      I actually did specifically mention gender equality, but even just these two changes, huge as they are, aren't half... or you disagree?

  94. Re:OMFG by TheHonestTruth · · Score: 1
    Just so I'm clear, if I create a dangerous situation, and you walk into it, I should be relieved of all liability? Like say I laid some electrical cables into a puddle of water and you, not thinking about it for whatever reason, walked into the water and were killed, I am off the hook? I just want to make sure I understand what you're saying.

    -truth

    --

    I had a steady B+ in my AI class until I failed the Turing test...

  95. Re: Narrow-column posts by Anonymous Coward · · Score: 0

    Stop putting carriage returns in your posts. It's very annoying. The text entry box automatically wraps text for you; you don't have to do it manually. If people want to read your post in narrow-column format, they can resize their browser windows.

  96. Re: Narrow-column posts by Anonymous Coward · · Score: 0

    Stop putting carriage returns in your posts. It's very annoying. The text entry box automatically wraps text for you. You don't have to do it manually. If people want to read your post in narrow-column format, they can resize their browser windows.

  97. You're Fired! by Anonymous Coward · · Score: 0

    Q: why give someone a $100 drug that will cure the problem they have when you can get $1000/yr out of them to treat the symptoms?

    A: Because then another drugs company can get $100 to cure the disease.

    You're willing to setting for 100% of a low profit market which will immediately die out due to your success(maximum $100/person, total), rather than sharing a market which is ten times more profitable, and remains viable over years ( at say 20% market share, $200 every year)?

    In the words of Donald Trump, you're fired!

    --
    AC

    1. Re:You're Fired! by 91degrees · · Score: 1

      Yes. I'm willing to sell a product that vastly undercuts the opposition who have an established market share. Especially since I already have the cure, but not the treatment.

    2. Re:You're Fired! by Anonymous Coward · · Score: 0

      Yes. I'm willing to sell a product that vastly undercuts the opposition who have an established market share. Especially since I already have the cure, but not the treatment.

      I re-iterate, you're fired!

      The goal of business is not to undercut the so-called "opposition". The goal of business is not to establish market share. The goal of business is to make profits.

      Go to the so-called "opposition", and make a offer: They get 50% of their current market share, and give up 50% (profitable at $500/person/year, for both you and them), or 0% of their current market share (profitable for you for $100/person, one time, and worthless to them).

      Now, guess which option they should pick? Perhaps the one that enriches both parties?

      I'm glad you're no longer working for me. :-)
      --
      AC

    3. Re:You're Fired! by 91degrees · · Score: 1

      Indeed. And we will make a profit. You on the other hand are planning to prevent the release of a marketable profitable product because you're hoping for your team of miracle workers to come up with a rival "me too" product, think you can cut a decent chunk of the market from a company that already has established market share.

      How are you going to get this 50% market share?

    4. Re:You're Fired! by Anonymous Coward · · Score: 0

      I fear you've missed my point entirely. :-(

      you're hoping for your team of miracle workers to come up with a rival "me too" product

      No, I don't need a development team. My competitors already have a product. I ask them to let me sell it, too. I can also ask that they sell it for me, for that matter. If they refuse my terms, I can swiftly drive them out of the market with my nasty little patent monopoly, and they know it. They'll probably accept a compromise position.

      How are you going to get this 50% market share?
      I convince my competitors to give it to me. Or to just pay me outright. Here's how it works.

      In exchange for my terms (market share, product information, whatever we settle on), I agree not to use my patent monopoly (on the cure) to destroy their market. After all, if I go out and cure everyone during my 20 year monopoly, their treatments are forever useless. That market closes.

      But if I tell them they can pay me, say 50% of their profits ( $500/person/year and still keep $500/person/year profit), they will probably say yes. It sure beats making nothing.

      After all, so long as they can make even $1 more profit by co-operating with my terms than by rejecting them, my competion has a financial incentive to co-operate.

      As for me, the 50% (or 90%, or whatever we settle on), of $1000/person/year beats the $100/person one time profit.

      Over the 20 year lifetime of the patent, at 500/person/year, I'll make $10,000/person. After the patent expires, I might still pick up, say, 5% of the market share selling the cure, for an additional $5/person.

      My total profits are thus about $10,005/person by waiting 20 years to sell the cure, versus only $100/person selling immediately. To maximize profits, I should not sell the cure immediately, but rather offer terms to the competition if I can get them to co-operate.

      My competition makes $10,000/person, too, plus whatever section of the cure market they get, as opposed to $0 if I sold all the cures. To maximize profits, they should co-operate with my terms.

      Do you understand my point now?

      --
      AC

    5. Re:You're Fired! by 91degrees · · Score: 1

      Oh, I see! You're the head of a multinational drugs company, so you're going to be a horrible weasle;) And try to get away with breaking anti-cartel laws (probably succesfully). Okay. I was a bit slow there.

      From a game theory point of view, your strategy certainly makes sense.

  98. Re:hypocrites, the lot of 'em by H09N0X10U5 · · Score: 0
    if someone else wrote a book on the same subject without copying it, they wouldn't have a case.
    So they'd have to leave it lying on the floor. Or maybe on top of the TV?
    --
    The post anonymously option you are [not] attempting to use is one that isn't available to your user.